MATT CAMERON IN THE BAFFLER: Trump’s Immigration Policies Promise To Make A Bad System Even Worse

https://thebaffler.com/outbursts/strangers-in-a-cruel-land?utm_campaign=Newsletter&utm_source=hs_email&utm_medium=email&utm_content=45427323&_hsenc=p2ANqtz–SrQwaCmT1prkolHBKrPKHSN4djFsqLNoveeB1BWE10ZO3rscc5BcXMhmwFedKjGnCbzzw56UKYKQ-sIulUP96Hwj8rw&_hsmi=45427323

“Donald Trump’s presidential campaign capitalized on a familiar brand of nativist anti-immigrant slander usually reserved for our nation’s most desperate times. It was an ugly old vein to mine, but now that he’s managed to strike electoral gold there, he is not wrong to view his election as a mandate to carry out his promise to enforce federal immigration law to its fullest extent. This would be alarming to friends of the Constitution under any circumstances, but especially so given Trump’s open embrace of white supremacy—as a concept, if not a movement—in the primaries. We haven’t encountered such an openly bigoted presidential campaign on the right since Pat Buchanan’s last failed insurgent run at the GOP nomination in 1996, and we have never seen an avowedly white-nationalist leader accede to the Oval Office.
Nor should any of us expect the chastening experience of actual governing to temper his outlook. Trump has proven at every opportunity that he is all but ineducable about even the simplest details of how immigration to the United States actually works. And this, it turns out, is probably one of the few things he has in common with a considerable majority of Americans.”

. . . .

The immigration system I keep hearing about from pundits and politicians (all of whom should know better) is almost entirely unmoored from actual fact. It seems to be a chimerical pastiche of the one we had before Ellis Island closed, the one we had just before the moon landing, and some sort of rosy Tomorrowland fantasy in which visas would be awarded to the undocumented if only they would do it the right way. This is not the system I work with every day.
When a white, native-born American says, “my family came here the right way,” what the speaker almost invariably means is that one or more of his ancestors came to the United States without a visa during a time of virtually unrestricted European migration. They boarded a trans-Atlantic ocean liner, stood in line at an immigration inspection station for the better part of a day, answered a standard series of twenty-nine questions, were subjected to a medical exam, and were admitted indefinitely to the United States. That’s how my Scottish great-grandparents did it in 1916. If you were born in the United States with European ancestors, it’s probably how you came to be here too. That system ended in 1924. Its successor, the “national origins” quota system (a more restricted but still relatively open “line”), was abolished in 1965. But I still regularly meet well-meaning fellow citizens who believe that anyone who deserves a chance can simply “fill out the forms,” “get in line,” and “come the right way, like my family did.” At which point, I have to patiently explain that they can’t.

For most of my undocumented neighbors, in East Boston and beyond, there are no forms. There is no line. There never was. Telling an undocumented Mexican dishwasher that he should “wait in line, like my family did” is no more realistic than advising him to switch to the same model of iPhone your great-grandfather used. Yet the lie persists, with nearly every presidential candidate since George H. W. Bush invoking the imaginary “line.”

. . . .

[Bill] O’Reilly was too charitable. There is no reason to believe that Trump has ever understood the basic precepts of due-process protection. Commitment to due process would have been fundamentally incompatible with Trump’s record as a casino magnate, a New York City landlord, or an authoritarian game show host given unlimited license to “fire” contestants at whim.

Trump has signaled the likely place of due process in his immigration system by promising to immediately deport 2 to 3 million “criminal aliens.” This staggering number, nearly the entire urban population of Chicago, would represent more deportations than Obama (the current record-holder) completed in eight years, and more than twice as many as were carried out during Operation Wetback.

. . . .

In fifty-eight immigration courts nationwide, immigration judges are operating (per a recent study) at a degree of mental stress equivalent to that of an emergency-room doctor. “This case,” sneered federal judge Richard Posner in a recent dissent, “involves a typical botch by an immigration judge.” Posner, punching down from the lofty heights of a federal appeals court, went on to concede graciously that the immigration court’s status as “the least competent federal agency,” might have something to do with congressional underfunding and the resultant “crushing workloads.”
Our nation’s roughly 250 immigration judges [now approximately 305] are now responsible for managing a record backlog of more than five hundred thousand pending deportation cases, with thousands more pouring into the system each day. The judges I appear before in the Boston immigration court are humane and learned experts who work long hours, in circumstances that couldn’t be less familiar to Judge Posner, but they are as susceptible to human error as any judge anywhere.

In an executive order signed within days of his inauguration, Trump authorized Congress to triple the number of Immigration and Customs Enforcement agents on the ground. He has made no mention of any plans to extend the courts the same courtesy, but this new flow of cases simply cannot be sustained within today’s judicial plumbing.”

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Cameron’s full, hard-hitting article is definitely worth a read. And, as he points out, quite sadly, it’s likely to get much worse from a due process standpoint before it gets better.

I also think he is right that few U.S. Court of Appeals Judges would be able to survive working as U.S. Immigration Judges under today’s incredibly difficult circumstances and conditions.

PWS

03/15/17

 

WashPost OPINION: EUGENE ROBINSON — Rep. Steve King (R-IA) Is A Self-Proclaimed Racist/White Supremacist — White House Doesn’t Appear To Have A Problem With That

https://www.washingtonpost.com/opinions/white-supremacism-is-ready-to-roar/2017/03/13/883e7570-082b-11e7-b77c-0047d15a24e0_story.html?utm_term=.52288350b631

Robinson writes:

“White supremacism was never banished from American political thought, just shoved to the fringe and hushed to a whisper. Now, in the Age of Trump, it’s back in the mainstream and ready to roar.

Witness the words of Rep. Steve King (R-Iowa) on the subject of immigration: “Culture and demographics are our destiny. We can’t restore our civilization with somebody else’s babies.” King offered these sentiments Sunday in a tweet expressing solidarity with Geert Wilders, an openly racist and Islamophobic Dutch politician who has a chance of becoming prime minister in elections this week. Wilders is someone who “understands,” King wrote.

And we understand just what King meant. Former Ku Klux Klan leader David Duke certainly got the message, using his vile Twitter account to proclaim, “GOD BLESS STEVE KING!!!”

. . . .

“Immigrants — both voluntary and involuntary — have shaped this nation since long before its founding. The first Africans were brought here in bondage in 1619, one year before the Mayflower. Americans have never been a single ethnicity, speaking a single language, bound by the centuries to a single patch of land. We have always been diverse, polyglot and restless, and our greatness has come from our openness to new people and new ideas.

King’s distress about birthrates can be read only as modern-day eugenics. If he is worried about the coming day when there is no white majority in the United States, he has remarkably little faith in our remarkable society — or in the Constitution that he, as a member of Congress, is sworn to support and defend.

President Trump played footsie with the white supremacist movement during his campaign. His chief strategist, Stephen K. Bannon, waged civilizational war when he ran the Breitbart News site. Trump could definitively denounce King’s racism with a statement or a tweet, but so far his silence is deafening.”

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I’m glad that Robinson makes the point that America literally was developed, founded, and built on the backs, free labor, and talents of African American “involuntary” immigrants. (In my Refugee Law and Policy course at Georgetown Law we referred to them as “forced migrants.”)

In fact, of our first five Presidents, only John Adams was self-supporting. The others owed their livelihood to the free labor provided by enslaved African Americans. Sad, but true.

PWS

03/15/17

 

HISTORY: New Ric Burns/Li-Shin Yu Documentary Film Explores Sordid Side Of Our History: “The Chinese Exclusion Act” — “It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” — “That’s Why I Become a Lawyer,” Says One U.S. Immigration Judge!

http://caamedia.org/blog/2017/03/13/chinese-exclusion-act-a-new-film-about-a-19th-century-law-with-21st-century-lessons/

Julianne Hing writes in CAAM:

“In the last half of the 19th century, as Reconstruction was collapsing and the country slogged through an economic depression in the 1870s, politicians found easy scapegoats in Chinese immigrants. As a statesman, California Governor Bigler “wrangled a working class white rage at the fact that the Gold Rush had not been a stairway to heaven,” Burns says, “and all this transmogrified into hatred of the ‘other.’” Bigler called Chinese immigrants ignorant about and uninterested in joining American society, and described them as inferior, dishonest, and unassimilable in public addresses.

Passionate anti-Chinese sentiment manifested itself in the passage of punitive local ordinances that sought to criminalize or tax everyday Chinese life. San Francisco’s queue ordinances of the 1870s forbade city prisoners from keeping long braids. Pole ordinances prohibited the use of poles to balance vegetables and other wares; the use of a pole to balance heavy loads was a uniquely Chinese practice. Chinese immigrants were even prohibited from testifying in court against whites.

By the time the Chinese Exclusion Act became the law in 1882, Chinese immigrants were firmly established in the popular imagination as villainous culprits responsible for the country’s every economic woe. The law only codified a seething anti-immigrant sentiment that Americans latched on to. The law made it illegal for Chinese immigrants to come to the U.S., it made it illegal for those who left to re-enter the U.S., and it made it illegal for Chinese nationals to become U.S. citizens. The law was overturned only in the 1940s, and it wasn’t functionally dismantled until 1965 during the Civil Rights era — just 50 years ago.

“It was democratic,” explains historian Renqiu Yu in the film. “It was legal. But it was wrong.” That breach between legality and justice is exactly what Burns and Li-shin Yu sought to explore in their film. “Here’s a story that makes you think about how the way that democracy and jurisprudence work is not equal to justice,” Burns says.

The other chapter of the story of the Chinese Exclusion Act is one of resistance. Li-shin Yu says that in the years of making this film, the stories of resistance stood out to her over and over. “The greatest thing to have learned is that across time, the Chinese were standing up every step of the way,” Yu says.”

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Sadly, some of this sounds all too familiar.  I could just see a racist/white nationalist politician like Rep. Steve King (R-IA) playing the role of Gov. Bigler. It’s important for the rest of us to say “never again.”

PWS

03/14/17