VOX NEWS: Four Lies (And A Misleading Statement) About DACA From General Gonzo —

https://www.vox.com/policy-and-politics/2017/9/5/16255436/lies-jeff-sessions-daca

VOX reports:

 

“On Tuesday, Attorney General Jeff Sessions officially announced the Trump administration will rescind the Deferred Action for Childhood Arrivals program, which shields nearly 800,000 young, unauthorized immigrants from deportation. Explaining why the Trump administration is ending the program, Sessions made several dubious claims about DACA, including how it has impacted immigration and the American economy. We fact-checked some of those claims.

DACA recipients are mostly “adult illegal aliens”
“The DACA program was implemented in 2012 and essentially provided a legal status for recipients for a renewable two-year term, worker authorization and other benefits, including participation in the Social Security program, to 800,000 mostly adult illegal aliens.”

The majority of DACA recipients are adults now, but the whole reason they were given DACA status in the first place is because they were brought to the United States as children — on average, arriving at the age of 6. The whole point of DACA and the Development, Relief, and Education for Alien Minors Act (also known as the DREAM Act, which has been introduced several times in Congress but never passed) was that it was a way for immigrant children who were brought to the US by their parents to have a pathway to school and work. DACA was offered to those immigrants precisely because they were young and had the potential to pursue education, get jobs, and become productive members of American society.

When the Obama administration first implemented DACA in 2012, it set a specific age range. In order to apply, immigrants had to arrive in the US before 2007. They needed to have been 15 or younger when they arrived and younger than 31 when DACA was created in June 2012. While DREAMers are often referred to as “kids,” most of them are currently in their 20s, and some are as old as 35. Some now have kids of their own, who are American citizens.

DACA contributed to a “surge of minors” streaming across the border
“The effect of this unilateral executive amnesty, among other things contributed to a surge of minors at the southern border with humanitarian consequences.”

 

While it’s true there has been a surge of unaccompanied minors crossing the border in recent years, there’s a lot of disagreement on whether it has anything to do with DACA. The program was implemented in 2012, while the border surge started a year earlier, in 2011. One study by San Diego State University researchers in 2015 found the surge had much more to do with increasing violence and worsening economic conditions in Central American countries, which were forcing people to flee.

The United Nations High Commissioner for Refugees and San Diego State conducted separate surveys of children crossing the border around this time and found that a very small percentage knew anything about DACA or how it could benefit them. Only one out of 400 refugee children surveyed by the UN had ever heard of it. About 15 children out of the 400 surveyed by San Diego State believed they would be treated differently by US border patrol agents, but they didn’t know the specifics of the DACA program. If children were unable to tell border patrol agents that they would be in danger if they were sent back, they were still vulnerable for deportation.

DACA granted unauthorized immigrants the same benefits as Americans, including Social Security
“… and other benefits, including participation in the Social Security program …”

This statement is true, but it could easily be misinterpreted: No DACA immigrant is yet eligible to draw Social Security benefits.

By saying “other benefits,” Sessions seems to imply that immigrants with DACA protection are getting the same public benefits as ordinary American families. That’s not true. DACA workers are not eligible for Obamacare subsidies, Medicaid, food stamps, or cash assistance. The statement also makes it sound like DACA workers are depleting Social Security funds, when in fact the opposite is happening.

Since the program went into effect in 2012, DACA workers and their employers have contributed billions of dollars to the Social Security system through payroll taxes. That means that ending DACA could cost the federal government $19.9 billion in Social Security revenue over ten years, according to the Immigrant Legal Resource Center. Meanwhile, DACA recipients can’t currently collect Social Security benefits. For one, they have to work (legally) at least 10 years to be eligible for them, and DACA has only been around for five years. Second, all DACA recipients are under 36, so they are nowhere near retirement age. For now, then, DACA workers are giving a needed boost to the Social Security system and helping fund the retirements of millions of Americans.

DREAMers took jobs from “hundreds of thousands of Americans”
“It denied jobs to hundreds of thousands of Americans by allowing those same illegal aliens to take those jobs.”

This is almost certainly false. The economic evidence is very clear that immigration is a huge boon for Americans as a whole. In part that’s because of complementarity: Immigrants don’t take jobs from Americans; they let Americans take higher-skill jobs (ones requiring English language fluency, for instance) and complement their labor. America’s past experience confirms this. When the US ended a guest worker program that let Mexican laborers work on US farms in the early 1960s, wages for US farm workers didn’t rise at all, nor did more Americans get jobs. Companies simply bought more machines to make up for the lost workers.

Ending DACA will be good for immigrants
Ending DACA “will enable our country to more effectively teach new immigrants about our system of government and to assimilate them.”

This assertion has the virtue of being impossible to officially prove wrong. It’s rooted in the theory that anything the government does to regularize unauthorized immigrants, ever, will send a message to all would-be future immigrants (now and forever) that they don’t need to follow the law — so the only way to protect the rule of law is to send the message that the rule of law is respected.

Sessions and other immigration hardliners use the idea of “sending a message” to link the government’s policy at the border to its policies toward unauthorized immigrants who are currently in the US. It’s a clever move politically: the majority of Americans want DACA recipients to stay in the US, but they also want the border secure. If they think that doing the former puts the latter in jeopardy, they’re less likely to push for it.

But this theory isn’t just wrong in the particulars (see Sessions’s earlier claims about the link between DACA and the Central American border crisis of 2014). It’s a total misunderstanding of who, exactly, is in the US and would need to be “assimilated.”

The 11 million unauthorized immigrants currently in the US are, for the most part, a settled population. The average unauthorized immigrant has been in the US for over 10 years; the average DACA recipient has been in the US for 20 (having come at an average age of 6, and being on average 26 years old now).

Ironically, those immigrants settled in the US in large part because the US/Mexico border became more tightly patrolled over the 1990s and 2000s. And because they aren’t able to leave the country and return safely, they are less likely to have gone back to their home countries than legal immigrants are.

The result is that unauthorized immigrants are actually much more settled and rooted in the US than their legal-immigrant counterparts.

Ending DACA doesn’t necessarily change that. Immigrants haven’t yet “self-deported” in any large numbers. But ending DACA does make it harder for the immigrants who are settled here — and their US-born children — to fully integrate. Sessions is using the assimilation of hypothetical future immigrants to deny “assimilation” to the immigrants who are here now.

ress but never passed) was that it was a way for immigrant children who were brought to the US by their parents to have a pathway to school and work. DACA was offered to those immigrants precisely because they were young and had the potential to pursue education, get jobs, and become productive members of American society.

When the Obama administration first implemented DACA in 2012, it set a specific age range. In order to apply, immigrants had to arrive in the US before 2007. They needed to have been 15 or younger when they arrived and younger than 31 when DACA was created in June 2012. While DREAMers are often referred to as “kids,” most of them are currently in their 20s, and some are as old as 35. Some now have kids of their own, who are American citizens.

DACA contributed to a “surge of minors” streaming across the border
“The effect of this unilateral executive amnesty, among other things contributed to a surge of minors at the southern border with humanitarian consequences.”

 

While it’s true there has been a surge of unaccompanied minors crossing the border in recent years, there’s a lot of disagreement on whether it has anything to do with DACA. The program was implemented in 2012, while the border surge started a year earlier, in 2011. One study by San Diego State University researchers in 2015 found the surge had much more to do with increasing violence and worsening economic conditions in Central American countries, which were forcing people to flee.

The United Nations High Commissioner for Refugees and San Diego State conducted separate surveys of children crossing the border around this time and found that a very small percentage knew anything about DACA or how it could benefit them. Only one out of 400 refugee children surveyed by the UN had ever heard of it. About 15 children out of the 400 surveyed by San Diego State believed they would be treated differently by US border patrol agents, but they didn’t know the specifics of the DACA program. If children were unable to tell border patrol agents that they would be in danger if they were sent back, they were still vulnerable for deportation.

DACA granted unauthorized immigrants the same benefits as Americans, including Social Security
“… and other benefits, including participation in the Social Security program …”

This statement is true, but it could easily be misinterpreted: No DACA immigrant is yet eligible to draw Social Security benefits.

By saying “other benefits,” Sessions seems to imply that immigrants with DACA protection are getting the same public benefits as ordinary American families. That’s not true. DACA workers are not eligible for Obamacare subsidies, Medicaid, food stamps, or cash assistance. The statement also makes it sound like DACA workers are depleting Social Security funds, when in fact the opposite is happening.

Since the program went into effect in 2012, DACA workers and their employers have contributed billions of dollars to the Social Security system through payroll taxes. That means that ending DACA could cost the federal government $19.9 billion in Social Security revenue over ten years, according to the Immigrant Legal Resource Center. Meanwhile, DACA recipients can’t currently collect Social Security benefits. For one, they have to work (legally) at least 10 years to be eligible for them, and DACA has only been around for five years. Second, all DACA recipients are under 36, so they are nowhere near retirement age. For now, then, DACA workers are giving a needed boost to the Social Security system and helping fund the retirements of millions of Americans.

DREAMers took jobs from “hundreds of thousands of Americans”
“It denied jobs to hundreds of thousands of Americans by allowing those same illegal aliens to take those jobs.”

This is almost certainly false. The economic evidence is very clear that immigration is a huge boon for Americans as a whole. In part that’s because of complementarity: Immigrants don’t take jobs from Americans; they let Americans take higher-skill jobs (ones requiring English language fluency, for instance) and complement their labor. America’s past experience confirms this. When the US ended a guest worker program that let Mexican laborers work on US farms in the early 1960s, wages for US farm workers didn’t rise at all, nor did more Americans get jobs. Companies simply bought more machines to make up for the lost workers.

Ending DACA will be good for immigrants
Ending DACA “will enable our country to more effectively teach new immigrants about our system of government and to assimilate them.”

This assertion has the virtue of being impossible to officially prove wrong. It’s rooted in the theory that anything the government does to regularize unauthorized immigrants, ever, will send a message to all would-be future immigrants (now and forever) that they don’t need to follow the law — so the only way to protect the rule of law is to send the message that the rule of law is respected.

Sessions and other immigration hardliners use the idea of “sending a message” to link the government’s policy at the border to its policies toward unauthorized immigrants who are currently in the US. It’s a clever move politically: the majority of Americans want DACA recipients to stay in the US, but they also want the border secure. If they think that doing the former puts the latter in jeopardy, they’re less likely to push for it.

But this theory isn’t just wrong in the particulars (see Sessions’s earlier claims about the link between DACA and the Central American border crisis of 2014). It’s a total misunderstanding of who, exactly, is in the US and would need to be “assimilated.”

The 11 million unauthorized immigrants currently in the US are, for the most part, a settled population. The average unauthorized immigrant has been in the US for over 10 years; the average DACA recipient has been in the US for 20 (having come at an average age of 6, and being on average 26 years old now).

Ironically, those immigrants settled in the US in large part because the US/Mexico border became more tightly patrolled over the 1990s and 2000s. And because they aren’t able to leave the country and return safely, they are less likely to have gone back to their home countries than legal immigrants are.

The result is that unauthorized immigrants are actually much more settled and rooted in the US than their legal-immigrant counterparts.

Ending DACA doesn’t necessarily change that. Immigrants haven’t yet “self-deported” in any large numbers. But ending DACA does make it harder for the immigrants who are settled here — and their US-born children — to fully integrate. Sessions is using the assimilation of hypothetical future immigrants to deny “assimilation” to the immigrants who are here now.”

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America’s leading xenophobe racist continues to roll out the false White Nationalist narrative.

PWS

09-05-17

OUR BETTER ANGELS: The Gibson Report For 09-05-17 & “A Message For Dreamers”

“We are here for you.

We are inspired by you.

We know you belong here.

We share your dream.

We will fight alongside you.”

—- From The Gibson Report

The Gibson Report 09-05-17

Here are this week’s headlines:

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

 

Effective immediately, the Department:

  • Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
  • Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
  • Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
  • Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
  • Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
  • Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
  • Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
  • Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

 

Trump administration announces end of immigration protection program for ‘dreamers’

WaPo: “The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue…The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.”

 

From NYIC:

  • The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates. The NYIC will also email updates and put them on our social media.
  • Immigrant ARC is working with MOIA for a large scale event. More details coming soon.
  • If you are an Immigrant ARC member and develop materials etc. that can be shared, please send them my way and I will upload them into the databank.
  • We will be uploading flyers for events, etc onto the nyic calendar (link on our front page).

 

TOP UPDATES

 

Article: Immigration Agency May Be Expanding Anti-Fraud Program

Posted 8/31/2017

Bloomberg reports that immigration attorneys are seeing what could be an expansion of a USCIS effort to root out fraud in the immigration system. It’s “clear” the agency is looking for fraud across all visa categories, AILA Treasurer Allen Orr said.

AILA Doc. No. 17083138

 

Article: Federal Judge Blocks Texas Ban on Sanctuary Cities in Blow for Trump

Posted 8/31/2017

The Guardian reports that a federal judge has issued a preliminary injunction that blocks key parts of Texas’s ban on sanctuary cities, two days before the law was scheduled to go into effect. AILA moved its 2018 conference out of the Dallas area in protest at SB 4.

AILA Doc. No. 17083140

 

CALLS TO ACTION

 

DACA Rally – The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates.

 

NYIC SIJS Request: As a follow up to ongoing conversations that have come out of our liaison meetings and other conversations with the local USCIS office, they have asked me to put together a list of A numbers of over 18 year old SIJS cases that have been pending with no movement or decision so that they can get more information from the NBC. If you have cases like that could you let me know. I would love to get this to them in mid-September so that they have the information by our next liaison meeting.

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

In times like these, all of us on the “right side of history” —  who have reflected on things like the causes of World War I and World War II, the horrors of Communism, Jim Crow Laws, the failure of the American Legal System to stand up to racism during most of the century following the Civil War, and the costs of “science deniers” —  need to stick together and work as a team to resist and ultimately defeat the forces of darkness and evil that have taken over our Government, our country, and are now threatening the future and safety of our world. They can’t be allowed to prevail with their ignorant, yet disturbingly arrogant, messages and actions of hate, disdain, racism, and selfishness.

Time for the “good hombres” to stand up and be counted in opposition to the “bad hombres!”

PWS

09-05-17

 

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

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

Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

GQ POLITICS: Jack Moore On Heroes & Cowards — Dreamers Die Protecting Fellow Americans While Trump Lacks Courage To Protect Them!

https://www.gq.com/story/trump-harvey-daca-heroes

Moore writes:

“It was reported this weekend that Donald Trump has decided to end the Deferred Action for Childhood Arrivals program. DACA, was designed for the controversial purpose of protecting those who were brought to this country as young children from deportation, and allowing them the ability to get work visas. I mean, can you even imagine such an outrageous policy? People who had no say in their own arrival in the country and who in so many cases don’t even remember their birthplace, being protected by the government because it’s “the right thing to do” and “only a cruel monster would do otherwise” might seem like a bipartisan win, and yet here we are.
The program will go away in six months, thus allowing the Trump administration to try to blame Congress when they are unable to find a legislative solution to protect these people. And as Trump was making this decision, large swaths of Texas were underwater thanks to the devastation brought about by Hurricane Harvey. And while President Trump may not have been modeling good American ideals, many were as normal Americans took to their boats to try to save trapped families. Among those Americans? Alonso Guillen.
Alonso Guillen was brought to America when he was a young teen, and was allowed protection under DACA. This allowed Guillen to to get a work permit and make a living as a radio DJ without fear of deportation. When Harvey hit and most people were doing everything they could to get out of dodge, Guillen took a borrowed boat and drove into harm’s way to try to save people. Their boat tragically crashed into a bridge where Guillen and a friend died in the water.

The Houston Chronicle has this heart-breaking (and yet inspiring) story from Guillen’s father of his son’s bravery:
Guillen’s father, Jesus Guillen, said he’d asked his son not to try and rescue people in the storm, but he insisted, saying he wanted to help people. He cried and prayed on Sunday afternoon as they pulled his son’s body from the water.
“Thank you, God,” he said, “for the time I had with him.”
In addition to Guillen, other DACA recipients have volunteered in the recovery and were featured on MSNBC’s AM Joy asking Donald Trump to meet with them and see all the good they’re doing. It’s worth noting that these volunteers, as well as Alonso Guillen looked at a tragic situation hitting a major American city and asked “what can I do to help?” Donald Trump didn’t even meet with flood survivors until the Internet shamed him into it for days after his initial photo-op visit to Texas. I sincerely hope President Trump takes these young people up on their offer to meet. He’d learn a lot about what it means to be an American.”

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

Not likely that the “Coward in Chief” would dare go face to face with those he is throwing under the bus. After all, this is a guy who was afraid to throw out the first pitch for the Nationals because he thought he would be booed. (Solution: Better policies, more humanity, stop pandering to the White Nationalist minority = more cheers, fewer boos. Besides who knows, Nats fans are among the politest and most well-behaved I have observed. Nats Park is one of the limited number of venues that deserves to be called “Family Friendly.” Now, perhaps that’s just because 75% of the fans appear to spend 80% of the game on their cell phones.) Trump almost never goes anywhere except to make campaign style appearances before his base in which he touts his divisive policies.

PWS

09-05-17

BREAKING: “GONZO APOCALYPTO” IS POLITICAL POINT MAN FOR ENDING DACA — TRUMP HIDES DURING ANNOUNCEMENT — AG Doesn’t Know Enough Law To Defend African American Voters Or American Kids — Other AGs Able To Do Both — Time For A “Competency Check?”

https://www.washingtonpost.com/news/post-politics/wp/2017/09/05/trump-administration-announces-end-of-immigration-protection-program-for-dreamers/?hpid=hp_rhp-top-table-main_daca-1110a-duplicate%3Ahomepage%2Fstory&utm_term=.7cbb30e0641e

David Nakamura reports for the Washington Post:

“In announcing the decision at the Justice Department, Attorney General Sessions said that former president Barack Obama, who started the program in 2012 through executive action, “sought to achieve specifically what the legislative branch refused to do.”

He called it an “open-ended circumvention of immigration law through unconstitutional authority by the executive branch,” and said the program was unlikely to withstand court scrutiny.

 

The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.

New applications and renewal requests already received by DHS before Tuesday will be reviewed and validated on a case-by-case basis, even those for permits that expire after March 5, officials said.

Trump administration officials cast the decision as a humane way to unwind the program and called on lawmakers to provide a legislative solution to address the immigration status of the dreamers. Senior DHS officials emphasized that if Congress fails to act and work permits begin to expire, dreamers will not be high priorities for deportations — but they would be issued notices to appear at immigration court if they are encountered by federal immigration officers.

. . . .

Sessions wrote a memo Monday calling DACA unconstitutional, leading acting Homeland Security Secretary Elaine Duke to issue a memo Tuesday to phase out the program. The decision came on the day set by Texas and several other states to pursue a lawsuit against the Trump administration if it did not terminate DACA.

It is unclear whether the states will still move forward with legal action.

“As a result of recent litigation,” Duke said in a statement, “we were faced with two options: wind the program down in an orderly fashion that protects beneficiaries in the near-term while working with Congress to pass legislation; or allow the judiciary to potentially shut the program down completely and immediately. We chose the least disruptive option.”

. . . .

The fight now could shift to Congress to act on a bill to grant permanent legal status to the dreamers. A bill called the Dream Act that would have offered them a path to citizenship failed in the Senate in 2010. Several new proposals have been put forward, including the Bridge Act, a bipartisan bill with 25 co-sponsors that would allow extend DACA protections for three years to give Congress time to enact permanent legislation.

But the White House and conservative Republicans could hold out for additional provisions to boost border security, such as funding for Trump’s proposed border wall or new measures to restrict legal immigration.

If DACA is shuttered next year, more than 1,000 immigrants stand to lose their work permits each day once the program is rescinded, according to a recent study by the Center for American Progress, a liberal think tank. Business leaders from major companies, including Apple, Facebook and Google, had lobbied the White House not to terminate the program, citing the economic consequences.”

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

Gee, advance concern that a Federal Court might shut down a program is a new one for Gonzo and the Trumpsters. Didn’t seem to inhibit him from arguing some pretty off the wall positions in defense of the Travel Ban, Sanctuary Cities, or why the Voting Rights Act doesn’t protect voting rights.

And we all know how statements like “they aren’t an enforcement priority” work out in practice. The majority of this Administration’s removals are folks who aren’t “priorities.”

And, notably, neither Kelly nor Duke at DHS had the courage and backbone to rein in arbitrary, wasteful enforcement by immigration agents. So, in the end, it makes no difference what the DHS “fake priorities” are; the line agents will bust anybody the feel like busting — because they can. And, after all, busting law abiding members of the community, often when they show up at DHS to check in or seek relief, is easier than tracking down real criminals. Makes the numbers look good, particularly when you obscure the fact that behind each number is a human face that belongs to a real person. Mostly ordinary people, just like the rest of us.

Also, sticking them on the already overwhelmed Immigration Court dockets without some realistic court reform aimed at restoring due process and wise use of “prosecutorial discretion” to keep cases exactly like the Dreamers off the court dockets? It’s “gonzo!” Big time!

There was a time when the Attorney General and the U.S. Department of Justice stood up for justice for all Americans, including the most vulnerable. But, that was then, this is now. Liz was “right on.”

PWS

09-05-17

THE ECONOMY: TRUMP’S “GONZO” ENFORCEMENT POLICIES LIKELY TO HINDER HOUSTON REBUILDING — “The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt.”

https://www.washingtonpost.com/national/if-they-deport-all-of-us-who-will-rebuild-day-laborers-seen-as-key-to-texas-recovery/2017/09/04/53a22acc-914d-11e7-89fa-bb822a46da5b_story.html?hpid=hp_rhp-top-table-main_harveylaborers-815pm-display%3Ahomepage%2Fstory&utm_term=.e2695f062e16

Arelis R. Hernandez and Aaron C. Davis report for the Washington Post:

. . . .

“More than 200,000 homes sustained damage in the storm, including more than 13,500 that were destroyed, according to early local estimates that don’t provide solid numbers for some of the hardest-hit areas. Leaders in the construction industry have begun sounding alarms that there will not be enough American-born workers to rebuild as quickly as needed.

“If they would relax the rules, honestly, that would be great, we could use it,” said Jeffrey Nielsen, executive vice president of the Houston Contractors Association, whose members include the city’s largest firms that build roads, bridges and other public works.

 

Nielsen said that even before Harvey hit, almost every member of the association was grappling with a shortage of workers. With a crushing list of jobs now growing by the day, thousands need to be hired — and fast.

Nielsen said he and other construction industry officials were told at a weekend briefing that roughly 30 percent of all roads in and around Houston will remain impassable without some construction work.

“The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt,” Nielsen said. “That’s the reality of it, and we need more people than ever.”

There are plenty in and around Houston who might consider taking on the work, which can pay $20 an hour or more, if ID requirements were relaxed, construction industry officials say.

Federal contractors are required to ensure their employees have the proper immigration status to work. (John Taggart/For The Washington Post)
The Houston metropolitan area has the third-largest illegal immigrant population in the country, about 575,000 people, according to a Pew Research Center report this year. Those workers already make up roughly a quarter of all construction laborers citywide, according to the study. Some estimate it could be closer to half.

.  .  .  .

The couple and a crew of local church volunteers are doing some initial work, but soon they will need more specialized help for wiring, reassembling walls and putting in new floors. Would they hire day laborers to help?

“Oh yeah. They need the help too. The government helps us, we help them, and all of us help the economy,” Dave Bushnell said, pointing to a crew of three men pulling up a tree stump at an adjacent home. “You see how hard they work. They’ve probably lost everything too, but they can’t sit and wait for a handout. They’ve got to work.”

.  .  . .

“We are undoubtedly going to need immigrant workers to rebuild Houston,” said Kevin Appleby, director of policy for the nonprofit Center for Migration Studies of New York. “It is clear that immigrants, including those without status, helped to rebuild New Orleans.”

Stan Marek, chief executive of Marek Construction in Houston, sees the damage left by Harvey as big enough to hopefully reset the national debate over illegal immigration.

He and other contractors want a permanent solution that will absorb the existing workforce and train them for the kinds of jobs that Houston and other parts of Texas will need. The storm, Marek said, provides an opportunity to solve an immigration problem in the state while advancing social justice.

“With some supervision and some training, we could kick-start this whole thing to basically integrate these people into society,” Marek said. “Let’s take them out of the shadows and give them the protection of our laws.”

Roberto Benavidez, 45, a Nicaraguan, has been thinking the same thing as he paces in front of a Home Depot in West Houston looking for odd jobs.

“For the country to rebuild Houston, it will need amnesty for immigrants,” Benavidez said. “I get it. It seems like we are busting in the door of your house and asking to stay, but in reality, we are knocking on the door and offering a service.”

For a larger fix, advocates say Bush’s decision after New Orleans can’t be looked at as a model. In September of 2005, the Department of Homeland Security waived worker identification requirements for “victims” of Katrina for 45 days. Critics said it was impossible to determine who was a victim, and it let illegal immigrants from across the country descend on New Orleans and be hired as subcontractors.

Appleby said he sees three likely scenarios under Trump: “Either he does not waive and continues to be strict, or he does not waive but also does not enforce, or he does relax regulations,” he said.

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The thing about ideological White Nationalist policies is that they never take reality, practicality, humanity, decency, or the best needs of the country into account. And, you can bet that lots of GOP restrictionists down in the Lone Star State will exploit immigrant labor for all it’s worth to rebuild their privileged lifestyle before voting to kick the Latinos out. Want to bet on how many of Lamar Smith’s gerrymandered GOP constituents rely on some form of undocumented workers to maintain their lifestyles?

PWS

09-05-17

 

 

 

 

 

 

 

CNN: TAL KOPAN’S CONGRESSIONAL FORECAST FOR DACA — STORMY — No Quick & Easy Path To Compromise On The Horizon — Will Parties Precipitate National Disaster To Please Respective Bases?

http://www.cnn.com/2017/09/04/politics/daca-congress-trump-decision/index.html

Tal writes:

“Washington (CNN)President Donald Trump’s expected decision to end DACA, but leave some time to save it, punts the popular program that protects young undocumented immigrants to Congress — but passage of a legislative solution remains a steep uphill climb.

Trump is expected to announce Tuesday that he will end the Obama-era Deferred Action for Childhood Arrivals program, but will offer a six-month delay to give Congress time to come up with a fix, according to sources familiar. Those sources have cautioned that this was the President’s thinking as of Sunday night and could shift ahead of his scheduled Tuesday announcement.
Such a plan would put the issue on Congress’ shoulders amid a busy fall, squeezing Republican and Democratic leadership to decide what their bases could swallow to find a compromise that would keep the nearly 800,000 people who benefit from the program from having their lives upended.

. . . . But the devil is in the details — and it remains unclear to insiders of the debate whether both sides can swallow enough of a compromise to reach a solution.
They have been adamant that they will not accept any deal to fund even small amounts of a border wall or increased immigration enforcement, and cuts to legal immigration would be unacceptable.
“Already you’ve seen the fracturing with people saying you need to pass this as part of border security, or other people saying you need to pass this with cuts in legal immigration, and another group saying you need to pass this on its own, and already that lack of consensus makes this unfeasible in Congress,” said Leon Fresco, an immigration attorney, former Obama administration immigration official and former aide to Senate Minority Leader Chuck Schumer.
Fresco also pointed to advocacy groups on the left as key to Democrats’ decision-making. As long as those groups insist, as they do, that they won’t accept a DACA fix in exchange for more enforcement, Democrats are stuck.
“The politicians are being bolstered by the groups, and the groups themselves are saying don’t trade any enforcement for DACA,” Fresco said. “If that were to change, then the fundamental dynamics of the issue would change, but at the moment that’s not where the advocacy community is — they want a fight on DACA to show that the President is on the wrong side of these issues.”

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

Wall funding in return for a DACA with a path to green cards and eventually citizenship seems like a deal that  would allow Trump to throw some “red meat” to his base by delivering on a key campaign promise while minimizing the human damage to our country, our ecomomy, and our future.

“TRUMP” CARDS:

Dems:

Trump can’t legally remove 800,000 Dreamers during his Administration.

See:

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

GOP RESTRICTIONISTS:

Trump will be able to inflict lots of pain and suffering on Dreamers while deporting thousands, forcing others to leave, and making the rest to live in fear or go underground. Dreamers won’t get a chance to vote the GOP out of office (although their kids and grandkids eventually will).

PWS

09-05-17

 

THE HILL: RAPPAPORT ON TEXAS INJUNCTION OF PARTS OF SB 4 — City of El Cenizo v. State of Texas

http://thehill.com/blogs/pundits-blog/immigration/349103-texas-courts-pro-sanctuary-cities-decision-can-cripple

Nolan writes:

“At the end of August, a federal district court in Texas ruled against that state, halting an immigration enforcement law shortly before it was to go into effect.

The court issued a preliminary (temporary) injunction to halt the implementation of five allegedly unconstitutional provisions in Texas’ anti-sanctuary city law, Senate Bill 4 (SB 4), including one that would require law enforcement agencies in Texas to “comply with, honor, and fulfill” any immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE).

This means that the court found a substantial likelihood that the plaintiffs (in this case, the parties opposing the state of Texas) will succeed in establishing that those provisions are unconstitutional when a decision is rendered on the merits of the case.

If the decision on ICE detainers is correct, which seems to be the case, it could cripple ICE’s ability to prevent removable criminal aliens from absconding when they are released from custody by state and local law enforcement agencies.

. . . .

When Texas Governor Greg Abbott signed SB 4 into law, he said that denying detainer requests can have deadly consequences.  This is illustrated by the case of Kate Steinle, who was shot dead by a criminal alien while she was walking with her father on a busy pier in San Francisco.

The alien was a repeat felon who had been deported five times, but the police department that had been holding him released him in disregard of a detainer request because San Francisco is a sanctuary city that does not honor detainer requests.

Preventing the use of detainers could have unintended consequences. If other federal courts agree with the decision’s disposition of the detainer issue; state and local police in every part of the country may have to stop honoring detainer requests, and ICE could use the time that would have been spent following up on detainers to go after noncriminal aliens.

ICE can encourage state and local police departments to participate in the federal 287(g) Program, which allows participants to enter into a partnership with ICE on the basis of a Memorandum of Agreement (MOA). They would receive training on immigration enforcement and delegated immigration authority, which includes the option of being able to detain aliens on the basis of detainers.

But ICE does not have the resources to train and supervise police in all of the state and local law enforcement agencies in the country.

The only solution is for Congress to grant state and local police the authority to detain aliens on the basis of an ICE detainer.”

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

Read Nolan’s complete analysis over at The Hill at the link.

I agree with Nolan that the Chief District Judge Orlando L. Garcia’s analysis of SB 4’s constitutional infirmities appears to be correct. I also agree that rationale should eventually require DHS to change its detainer policy nationwide to meet constitutional standards.

That means that a battery of DHS and DOJ attorneys, of which there is no shortage, will have to work with the enforcement branches to come up with effective enforcement methods that comply with our Constitution. Stuff like that happens all the time. That’s why the Government needs good lawyers.

I don’t agree with Nolan that the only way for DHS to function is for Congress to pass legislation turning untrained local cops into immigration officers for the purpose of honoring detainers. Seems like you end up with the same problem, just “dressed up” differently.

I spent over a decade working for the Legacy INS on immigration enforcement matters. Nobody ever doubted that immigration officers could effectively carry out their duties 1) in full compliance with the U.S. Constitution, and 2) without relying on state and local officials. Indeed, the “mantra” of INS Enforcement in those days was “we’re the immigration pros, leave enforcement to us.” I guess times must have changed; but not that much. And, the Fourth Amendment hasn’t changed at all.

I also don’t buy the claim that Abbott was interested in protecting Texans from dangerous crime. No, this was about a White Nationalist agenda designed to put down minorities, particularly in the Latino community, and prevent them from getting their fair share of political power. That’s why, although Latinos make up a large proportion of Texas’s population, Latino leaders generally opposed the GOP’s and Abbott’s racially divisive action.

A bill really aimed at protecting all Texans, regardless of ethnicity or status, from violent crime would have received support from about 98% of residents (who really wants to be a victim of violent crime — almost nobody, as the BIA has observed on a number of occasions) including the overwhelming number  of Latinos. That it didn’t, and that a majority-Latino jurisdiction like El Cenizo is the lead plaintiff opposing the bill says all you need to know about the SB 4’s White Nationalist intent.

There will come a day when the Abbotts, Paxtons, and other denizens of the Texas White GOP will have to share power equitably with Latino and other minority Texans. When that happens, they can only hope that Latino leaders and politicians will have short memories, forgive the racism of the past, and move on to the future treating them with greater respect and consideration than they deserve based on their recent “sharp stick in the eyes” words and actions.

Until that happens — well, as I’ve said before, lots of work for lawyers and judges.

PWS

09-04-17

JENNIFER RUBIN IN WASHPOST: “Trump’s Most Evil Act” — “an act of uncommon cowardice.”

https://www.washingtonpost.com/blogs/right-turn/wp/2017/09/04/trump-ending-daca-would-be-cruelty-wrapped-in-a-web-of-lies/?hpid=hp_no-name_opinion-card-e%3Ahomepage%2Fstory&utm_term=.340f3e8f292a

Rubin writes in her “Right Turn” column:

“First, let’s not think Trump — who invites cops to abuse suspects, who thinks ex-sheriff Joe Arpaio was “doing his job” when denying others their constitutional rights and who issued the Muslim ban — cares about the Constitution (any of the “twelve” articles). Trump says, “We love the dreamers. … We think the dreamers are terrific.” But in fact he loves the applause he derives from his cultist followers more than anything. Otherwise he’d go to the mat to defend the dreamers and secure their legal status.

. . . .

No, if Trump cancels DACA, it will be one more attempt to endear himself to his shrinking base with the only thing that truly energizes the dead-enders: vengeance fueled by white grievance. And it will also be an act of uncommon cowardice. (“Should Trump move forward with this decision, he would effectively be buying time and punting responsibility to Congress to determine the fate of the Dreamers,” writes The Post.) Dumping it into the lap of the hapless Congress, he can try evading responsibility for the deportation of nearly 800,000 young people who were brought here as children, 91 percent of whom are working. (And if by chance Congress should save DACA, it will be Trump who is the villain and they the saviors, an odd political choice for a president who cares not one wit about the party.)

As for Congress, House Speaker Paul Ryan, who talks about sparing the dreamers, will be sorely tested to overcome the objections of the hard-line anti-immigrant voices in his conference. Does he have the nerve to bring to the floor a bill that lacks majority support among Republicans? Tie it to a must-pass bill (e.g., Harvey funding, the debt ceiling, funding for the government)? In the Senate, will opportunistic right-wingers such as Sen. Tom Cotton (R-Ark.) grandstand, perhaps filibustering a measure into order to out-Trump Trump?

However this turns out, the GOP under Trump has defined itself as the white grievance party — bluntly, a party fueled by concocted white resentment aimed at minorities. Of all the actions Trump has taken, none has been as cruel, thoughtless or divisive as deporting hundreds of thousands of young people who’ve done nothing but go to school, work hard and present themselves to the government.

The party of Lincoln has become the party of Charlottesville, Arpaio, DACA repeal and the Muslim ban. Embodying the very worst sentiments and driven by irrational anger, it deserves not defense but extinction.”

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

“Cowardice” is the hallmark of an Administration that glories in picking on and bullying the poor, the most vulnerable, minorities of all types, and even our foreign allies whose help and support we need. And, the GOP has firmly established itself as the party of cowards.

Trump’s glaring character flaws, naked prejudices, and obvious unsuitability for office, by nature of lack of knowledge, lack of experience, and lack of Presidential temperament, have been out there on display for all to see since the day he announced his candidacy. Yet, notwithstanding some “tisk-tisking” by a few “old timers,” the GOP again and again has in the end united behind Trump and his divisive agenda, preferring to flounder around attempting to govern within its own unruly caucus rather than reaching across the aisle to the Democrats (who, after all, did get the majority of the Presidential votes cast) to form a “union of the middle” to govern the country in a responsible, bi-partisan manner in the absence of Executive competence.

Yes, that would mean sacrificing large parts of the rightist “GOP agenda” in favor of saving the country from Trump’s excesses. But, it’s pretty clear by now that the “GOP agenda” is not going to be enacted into law any time soon anyway. So, why not just do something decent for a change and see how it plays out?

PWS

09-04-17

 

BREAKING: Trump Punts DACA To Congress — Will End Program In 6 Mo. Unless Congress Acts!

http://www.politico.com/story/2017/09/03/trump-dreamers-immigration-daca-immigrants-242301

Eliana Johnson reports for Politico:

President Donald Trump has decided to end the Obama-era program that grants work permits to undocumented immigrants who arrived in the country as children, according to two sources familiar with his thinking. Senior White House aides huddled Sunday afternoon to discuss the rollout of a decision likely to ignite a political firestorm — and fulfill one of the president’s core campaign promises.

Trump has wrestled for months with whether to do away with the Deferred Action for Childhood Arrivals, known as DACA. He has faced strong warnings from members of his own party not to scrap the program and struggled with his own misgivings about targeting minors for deportation.

 

Conversations with Attorney General Jeff Sessions, who argued that Congress — rather than the executive branch — is responsible for writing immigration law, helped persuade the president to terminate the program, the two sources said, though White House aides caution that — as with everything in the Trump White House — nothing is set in stone until an official announcement has been made.

In a nod to reservations held by many lawmakers, the White House plans to delay the enforcement of the president’s decision for six months, giving Congress a window to act, according to one White House official. But a senior White House aide said that chief of staff John Kelly, who has been running the West Wing policy process on the issue, “thinks Congress should’ve gotten its act together a lot longer ago.”

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

Read the complete article at the link.

This could be one of Trump’s shrewder political moves. He doesn’t really have to do anything right now, while getting the issue off his desk and putting pressure on the Dems and those more responsible Republicans who have urged him to retain the program to get their collective act together and legislate.

Now it depends on whether Trump can disengage without the usual barrage of xenophobic White Nationalist race baiting truth-challenged rhetoric that tends to accompany all of his immigration moves. That might be hard for Trump, given his normal need to pander to the basist biases of his base.

There is also the problem of what happens if Congress fails. There is no practical way of removing 800,000 American young people. It’s simply beyond the capacity of the system, not to mention that it would destroy our economy and rip apart our society.

REALITY CHECK: Many U.S. Immigration Courts are already setting “new” non-detained cases out to Individual Hearing dates in 2020 & 2021. As Judge Burman’s remarks in the preceding post suggest, those courts that claim not to be out as far might well be using ADR (“Aimless Docket Reshuffling”) techniques to mask the true extent of the backlog and docketing problem.

A few Dreamers got DACA after the entry of a final order of removal. But, the vast majority either 1) applied before being placed in Removal Proceedings; or 2) had their Removal Proceedings “Administratively Closed” (thereby removed from the Immigration  Court’s “active docket”) after DACA was granted. All of these cases would have to be initially docketed or re-docketed upon DHS motion.

The US Immigration Courts’ docket already extends beyond the end of Trump’s current term in 2021. By the time “Dreamer” cases get to Individual Hearings the next Presidential term likely will have expired. After all, even without Dreamers on the docket, and with additional US Immigration Judges on the bench, backlogs have continued to rise as a result of the Administration’s “gonzo” approach to immigration enforcement.

So far, the Administration has addressed the impracticality of unlimited enforcement of a broken immigration system with a pattern of “random acts of cruelty” intended to spread fear, create unease, and keep ethnic and migrant communities on edge.

Let’s hope Congress can get its act together and solve the problem in a bipartisan manner.  If not, more disruption, dislocation, disorder, and just plain downright arbitrary meanness are likely to follow.

“Bad things will happen” to a country that allows a xenophobic, racist, White Nationalist minority (two-thirds of Americans favor some type of relief for Dreamers) to overrule the majority and attack our country’s most precious asset: the young people who are America’s (and the world’s) future. It’s time for those of us in the majority who aren’t part of the “Trump base” to stand up and be heard in opposition to those who would destroy our country’s future and trash the lives of fine American young people in the process! And, politicians who oppose relief for Dreamers need to be removed from office through the electoral process.

PWS

09-03-17

DERELICTION OF DUTY! — Sessions’s DOJ Is MIA In Vindicating Public’s Constitutional Rights To Freedom From Police Brutality — State Of IL Forced To Do Feds’ Job For Them!

https://www.washingtonpost.com/opinions/illinois-fills-in-for-the-missing-in-action-justice-department/2017/09/02/c8e16484-8e90-11e7-84c0-02cc069f2c37_story.html?utm_term=.ed2fa2d4a0d6

The Washington Post says in an editorial today:

“IN JANUARY, an investigation by the Justice Department found that the Chicago Police Department routinely used excessive force against the city’s residents, often along racial lines and without accountability. That report recommended federal court oversight of the Chicago police to prevent further abuses. Now, almost nine months later, a federal judge is set to begin supervising the process of reforming Chicago’s police.

But the city of Chicago won’t be working with the Justice Department. Instead, it’s Illinois Attorney General Lisa Madigan who is bringing the lawsuit to begin negotiations on a federal court decree for police oversight.

The state of Illinois is filling the hole left by Attorney General Jeff Sessions, under whose leadership the Justice Department pulled back from its agreement to negotiate with Chicago to find a mutually agreeable model for court supervision of the city’s police. After months, nothing came of Chicago Mayor Rahm Emanuel’s efforts to find a solution with the Justice Department outside the courts. Now, Mr. Emanuel — who has been reluctant to embrace judicial oversight of Chicago police — has pledged to partner with Ms. Madigan to achieve reform under the watchful eye of a judge.

Chicago is one of several cities left behind by Mr. Sessions’s emphasis on fighting crime over working with unsettled police departments in need of reform — as if protecting civil rights and public safety were somehow incompatible. Two months into his time as attorney general, Mr. Sessions issued a memorandum directing his deputies to review oversight agreements reached by the Obama administration with police departments found to have systematically violated civil rights. The Justice Department then tried to delay an agreement finalized by Obama officials from going into effect in Baltimore, over the objections of the police department itself — only to be rebuked by the judge who gave the reform plan his approval. And recently, the department’s Community Oriented Policing Services Office (COPS) has reportedly failed to provide assessments requested by at least seven local police departments that reached out for help with reform.”

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Read the entire editorial at the above link.

Get this! While Gonzo Apocalypto is out spreading his knowingly false narrative about how nannies, gardeners, drywallers, carpenters, health care workers, fast food workers, students, soccer players, and emergency response personnel are threats to the public safety (not surprisingly, a tough sell in many diverse communities that depend on migrant labor and ethnic community participation without regard to legal status) and misusing statistics and anecdotes to support the Trump Administration’s bogus case that local police need tanks and other combat type military equipment to protect the public, the real law enforcement duties of the DOJ are going by the board. Nowhere is this more true than in the area of civil rights and voting rights, where the DOJ is actually working with some states and localities to undermine Americans’ constitutional rights. But, the Department’s “turn back the clock” approach to drug enforcement, prison reform, sentencing reform, forensic science, and community policing is also “built to fail” and deserves censure.

Then, there is the massive failure of justice in the overwhelmed U.S. Immigration Courts. Rather than setting forth a rational plan to restore due process and functionality by reducing dockets, providing more and better training for judges, hiring additional law clerks, closing down “kangaroo courts” in detention centers, giving judges control of individual dockets, implementing statutory contempt authority for judges, establishing a merit-based hiring system that promotes a diverse judiciary, putting resources into technology including e-filing, and making EOIR functionally independent from the DOJ’s political influence and the President’s immigration enforcement initiatives, Sessions has sent a “just peddle faster” message to Immigration Courts that are already peddling so fast that they are careening out of control. The DOJ’s handling of the U.S. Immigration Courts is a national disgrace that will come back to haunt the entire justice system unless or until Coongress or the Article III Courts call a halt!

And Jeff “Gonzo Apocalypto” Sessions is a key part of the problems that his White Nationalist agenda can never solve and, indeed, will continue to aggravate while he holds office.

PWS

09-03-17

 

 

THE BIA ISSUED MATTER OF M-A-M- TO GUIDE IJS ON MENTAL COMPETENCY ISSUES — THE PROBLEM: THE BIA IGNORES ITS OWN PRECEDENT ACCORDING TO 9th CIR!

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/08/29/15-70155.pdf

Mejia v. Sessions, 9th Cir., 08-29-17 (Published)

PANEL: Susan P. Graber and Mary H. Murguia, Circuit Judges, and Edward J. Davila,* District Judge

OPINION BY: Judge Davila

Key Excerpt:

“Here, there were clear indicia of Petitioner’s incompetency. He has a history of serious mental illness, including hallucinations, bipolar disorder, and major depression with psychotic features. During hearings before the IJ, Petitioner testified that he was not taking his medications and was feeling unwell. He said he was experiencing symptoms of mental illness and felt a “very strong pressure” in his head. He had difficulty following the IJ’s questions, and many of his responses were confused and disjointed. Under In re M-A-M-, those indicia triggered the IJ’s duty to explain whether Petitioner was competent and whether procedural safeguards were needed. The IJ failed to do so. On review, the BIA noted that Petitioner suffers from serious mental illness and “was feeling unwell without his medication” during the proceedings before the IJ.

Nonetheless, the BIA concluded that remand was not warranted because certain procedural safeguards were in place—for instance, Petitioner was represented by counsel, he “presented testimony in support of his claims,” and he “provided his parents as witnesses.” But the BIA did not address the IJ’s failure to articulate his assessment of Petitioner’s competence and why these procedural safeguards were adequate.

The BIA abused its discretion by failing to explain why it allowed the IJ to disregard In re M-A-M-’s rigorous procedural requirements. See Alphonsus, 705 F.3d at 1044 (“It is a well-settled principle of administrative law that an agency abuses its discretion if it clearly departs from its own standards.” (internal quotation marks omitted)).We therefore remand to the BIA with instructions to remand to the IJ for a new hearing consistent with In re M-A-M-.”

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The problem of the BIA not applying its own precedents to protect migrants’ rights is hardly new. But, it’s likely to get worse as Sessions pushes his “captive court system” to churn out more removal orders faster with only lip service to due process.

Question: Why would a reviewing court have to direct the BIA to apply the BIA’s own precedent? So much for the BIA as a “guarantor of due process.”

Rather than “jacking up the numbers” to meet the Trump-Sessions removal agenda, the BIA needs to slow things down, assign more cases to three-member panels, and do the kind of careful judicial review and deliberation necessary to insure due process. It’s also pretty obvious that the staff has been instructed to “default to denial.” They need some training from academic experts in due process and asylum law.

Too much “inbreeding”  — too much agency lingo — too much DOJ political influence.  The effects are obvious. The BIA needs to be removed from the DOJ and re-constituted as an independent appellate court. Otherwise, the Courts of Appeals need to step in and force the BIA to do its job!

PWS

09-02-17

 

 

SESSIONS’S “GONZO APOCALYPTO” CLAIMS ABOUT “CRIME WAVE” EARN FOUR (4) PINOCCHIOS FROM POST’S “FACT CHECKER!” — I/O/W OUR AG IS A LIAR!

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/01/attorney-general-jeff-sessions-claim-that-a-violent-crime-wave-is-sweeping-the-nation/

Nicole Lewis writes:

“Sessions uses the alleged crime wave as evidence for the need to return to “law and order,” which President Trump has vowed to make a top priority during his presidency. As attorney general, Sessions has advocated for several policies aimed at preventing violent crime from continuing to rise, including tougher policing practices, reinstating mandatory minimum sentences for drug users, providing surplus military equipment to police departments, and a dismantling of “sanctuary cities.” In June, Sessions launched a new program to combat gun, gang, and drug violence in 12 cities across the United States.

At the same time, Sessions has lauded Miami-Dade County as an example for the rest of the nation — a major urban area that has reduced crime significantly since the “Miami Vice” days of the 1980s.

But Sessions, in his rhetoric and use of statistics, is being remarkably inconsistent. Let’s take a look.

. . . .

Sessions claims about crime across the country are a distortion of the facts. Nationwide, the violent crime rate and the murder rate are lower than they have been in almost 45 years. Violent crime and the murder rate increased slightly from 2014-2015, but the one-year increase does not qualify as a national trend.

Sessions applies the same distortion in his spotlighting of crime in major cities. Sessions routinely highlights an increase in violence in Chicago as evidence of the rising crime wave, but when viewed in conjunction with the national data, Chicago stands out as an outlier that is out of sync with national trends. In major cities across the country, violent crime has also dropped to historic lows. When Sessions lauds Miami-Dade County, he is implicitly acknowledging that crime rates actually have dropped dramatically since the 1980s.

Yet Sessions claims violent crime is “back with a vengeance,” and that it is “surging,” which is the result of a “staggering increase,” in crime in urban areas. With every dramatic assertion, Session is stoking American’s fears about crime and safety to advance a political agenda of “law and order.” Sessions earns Four Pinocchios.

Four Pinocchios

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Read the much more detailed analysis of Sessions’s “parade of misrepresentations” at the link. He isn’t even a good liar because he keeps making claims that can not just be disputed, but can clearly be disproved.

I had to be selective; there were lots of articles about Sessions’s astounding dishonesty in the past few days, including his lies about the need to “militarize” the local police, his distortion of Obama DOJ policies, and how gonzo inappropriate militarization of local police and a false “war on crime” is an essential part of the Trump-Sessions White Nationalist agenda.

Sessions is probably a perjurer and certainly an habitual liar, distorter, and knowing purveyor of false White Nationalist narratives aimed at diminishing the rights of minorities (including migrants) and promoting White Supremacy.  So, why is a dude with no respect for law, the truth, or the rights of non-white, non-Christian Americans (in other words, the majority of Americans) qualified to be the chief law enforcement officer and spokesman for justice in our country? Shades of John Mitchell. I could get pretty tired hearing  about the “rule of law” from a guy and a party that have no concept of what it means.

PWS

09-02-17

BRET STEPHENS IN THE NYT: DREAMERS & MIGRANTS (DOCUMENTED OR NOT) MAKE AMERICA GREAT!

https://www.nytimes.com/2017/09/01/opinion/daca-trump-dreamers-immigration.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region%C2%AEion=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region

Stephens writes:

“A common American conceit is that we attract brilliant foreigners because we have brilliant things: great universities, vast financial resources, a dynamic economy, high-tech. That gets things mostly backward. It’s because we have brilliant foreigners that we have those things in the first place. Google. Comcast. eBay. Kraft. Pfizer. AT&T. They all had immigrants as founders.

Overall, a 2016 study by the Partnership for the New American Economy found that 40 percent of all Fortune 500 companies were founded or co-founded by immigrants or the children of immigrants. Taken together they employed 19 million people and had revenues of $4.8 trillion.

Opponents of a liberal immigration policy often insist they welcome legal immigrants and only object to illegal ones. Rubbish. The immigration reform bill introduced in Congress this year by Republicans Tom Cotton and David Perdue and endorsed by Donald Trump aims to cut legal immigration by half.

Restrictionists also argue that we need to favor newcomers with “skills” and educational credentials. More rubbish. Jan Koum arrived in the U.S. from Ukraine in 1992 as a 16-year-old boy with his mother, living off food stamps. She worked as a babysitter. He later dropped out of college. In 2009 he came up with an idea for a mobile messaging app. Five years later Facebook purchased WhatsApp for $22 billion.

Should it make any difference to WhatsApp’s billion-plus users that Koum arrived in the United States legally? And if it turned out that he hadn’t, should he be required to leave the country, presumably so he can pay income tax — and create jobs — in his native Ukraine?

That would be self-defeating. But it’s the fate that may soon await 800,000 or so young people who were brought without visas to the United States as children, grew up in the country, in some cases only speak English, and now face deportation because the Trump administration seems poised to terminate the Deferred Action for Childhood Arrivals, a program that allowed them to stay in school or their jobs.

The nativist wing of the right thinks DACA is unconstitutional. That’s not clear, though it would be on firmer legal ground if Congress turned DACA into law by passing Senators Lindsey Graham and Dick Durbin’s Dream Act. In the meantime, allowing these young dreamers to stay is ordinary humanity and enlightened policy. If just 10 of those 800,000 turn into future Jan Koums, the program will have more than paid for itself.

 

It isn’t the whole truth to say that immigrants come to our shores because of our wealth. They also come in hope of being welcomed by a country whose astounding faith in human possibility includes a faith in them, however poor, unkempt — or even undocumented — they may sometimes be.

Lose that faith, and lose what’s best about America, too.”

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Read the complete op-ed at the link.

Stephens doesn’t know squat about climate change. But, he does understand the overriding value of immigration, whether documented or not, to America and our future as a great nation. He also exposes the bogus rationales employed by supporters of the RAISE Act to “dress up” their White Nationalist agenda.

PWS

09-02-17

ARPAIO PARDON ALIGNS TRUMP WITH RADICAL ANTI-FED MOVEMENT!

http://www.politico.com/magazine/story/2017/09/01/joe-arpaio-pardon-sheriffs-movement-215566

Professor Robert Tsai writes in Politico:

“When President Donald Trump pardoned Sheriff Joe Arpaio, calling him a “patriot,” he didn’t just absolve him from the consequences of defying a federal judge. He didn’t merely excuse Arpaio’s racial profiling and illegal immigration sweeps. Trump’s pardon did do all of that. But it also did something more: It boosted a radical theory of law and American history that Arpaio supports, and which is gaining steam across the United States.

It’s called the “constitutional sheriff” movement, and as it grows, it’s increasing the risk of conflict between local law enforcement and federal authorities. Its animating idea is that a sheriff holds ultimate law-enforcement authority in his county—outranking even the federal government within its borders. Though the movement claims deep history in English law, its real roots lie in the more recent fringes of American right-wing thought. And its popularity helps explain why Arpaio’s defiance of federal law shouldn’t be seen as just one grandstanding sheriff crossing a line, but instead should be seen as part of a broader grassroots resistance to constitutional and cultural upheavals during the 20th century.

 

The strange idea that unites all members of this movement is that a sheriff is the highest law enforcement officer within a county’s borders—superior not only to local police, but also to officers and agents of the federal government. The actual influence of sheriff supremacy is hard to measure, but it has been growing in recent years, and today the official constitutional sheriffs’ association boasts 4,500 dues paying members and over 200 sheriffs. Its highest-profile members include Arpaio and David Clarke, who just resigned as sheriff of Milwaukee County, Wisconsin, reportedly to help Trump in some capacity.

But those figures may underestimate how far its influence extends, and how fully it pervades certain regions of the country. In 2013, Arpaio joined nearly 500 other sheriffs who vowed not to obey any federal law that required them to confiscate guns from private citizens. In Utah, 28 of 30 sheriffs went even further, warning that “[n]o federal official will be permitted to descend upon our constituents and take from them what the Bill of Rights—in particular Amendment II—has given them.”

The constitutional sheriff movement arose from the ashes of the far-right, anti-semitic Posse Comitatus movement of the 1970s and 80s, led by William Potter Gale. The insignia favored by these Christian Patriots was a redesigned sheriff’s badge containing a noose, Bible and sword, to reflect their belief that sheriffs were responsible for the armed defense of citizens and higher law (a combination of their view of the Constitution and Christian Identity teachings). Before the movement collapsed with Gale’s death, its paramilitary figures developed an anti-tax, anti-government agenda that stoked conspiracy theories that Jews were responsible for oppressing farmers through crushing taxes and exorbitant loans. Its foot soldiers gained notoriety when they tried to stop foreclosures in the Midwest and engaged in shootouts with U.S. marshals.

. . . .

Trump’s pardon of Arpaio didn’t just let the sheriff off the hook; it short-circuited the part of the American judicial process designed to hold government accountable, and resolve conflicts between levels of government. It began when a class-action lawsuit was filed in 2007 by individuals who claimed they had been racially profiled during Arpaio’s immigration raids and traffic stops. In 2012, the DOJ intervened in the case to vindicate federal interests in ending discriminatory policing, to stop Arpaio from retaliating against his critics in violation of the First Amendment, and to ensure that non-English detainees didn’t forfeit their rights without understanding them. Arpaio lost the first case and settled with DOJ, but was held in civil contempt of court for continuing to capture migrants without legal authority and for failing to turn over records of these encounters.

During the legal proceedings, Arpaio made the puzzling assertion that he had never violated his oath of office, despite having ignored direct orders from a federal judge. As far as he was concerned, the oath of office gave him the right, indeed even the responsibility, to ignore the federal court. He was merely doing the rightful job of a sheriff, enforcing the laws and Constitution as he saw them, unaccountable to anyone but himself. Now that Arpaio has been pardoned, his place in the pantheon of constitutional sheriffs is secure. And his view of American law and history—one shared by kindred spirits, and one that menaces not just federal law but the Constitution itself—just got a troubling endorsement from the president of the United States.”

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“Sheriff Joe” isn’t a great American as Trump falsely claims. To use Trump’s own term, Sheriff Joe is one “bad hombre” out to destroy America. And, Trump is the biggest threat to the U.S. Constitution in my lifetime. He is a living violation of his oath of Office.

PWS

09-02-17