“RETURN TO MEXICO” GIVES DHS A CHANCE TO HARASS IMMIGRATION LAWYERS AND ACTIVISTS AT BORDER!

 

https://www.nbcnews.com/politics/immigration/u-s-officials-made-list-reporters-lawyers-activists-question-border-n980301

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Customs and Border Protection has compiled a list of 59 mostly American reporters, attorneys and activists for border agents to stop for questioning when crossing the U.S-Mexican border at San Diego-area checkpoints, and agents have questioned or arrested at least 21 of them, according to documents obtained by NBC station KNSD-TV and interviews with people on the list.

Several people on the list confirmed to NBC News that they had been pulled aside at the border after the date the list was compiled and were told they were being questioned as part of a “national security investigation.”

CBP told NBC News the names on the list are people who were present during violence that broke out at the border with Tijuana in November and they were being questioned so that the agency could learn more about what started it.

The list, dated Jan. 9, 2019, is titled “San Diego Sector Foreign Operations Branch: Migrant Caravan FY-2019 Suspected Organizers, Coordinators, Instigators, and Media” and includes pictures of the 59 individuals who are to be stopped. The people on the list were to be pulled aside by Customs and Border Protection agents for questioning when they crossed the U.S.-Mexico border to meet with or aid migrants from the Honduran caravan waiting on the Mexican side of the border.

A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven't given permission to publish their information.
A sample of names and photos from the list. KNSD blurred the names and photos of individuals who haven’t given permission to publish their information.Obtained by KNSD

The list includes 10 journalists, seven of them U.S. citizens, a U.S.-based attorney and others labeled as organizers and “instigators,” 31 of whom are American. Symbols on the list show that by the time it was compiled 12 of the individuals had already been through additional questioning during border crossings and nine had been arrested.

Click here to read KNSD’s story about the list

In some cases, CBP had also compiled dossiers on the individuals with the help of intelligence from Mexican officials, according to the materials obtained by KNSD.

The cover of the list includes a seal with both the American and Mexican flags and was compiled shortly after the arrival of nearly 5,000 Honduran immigrants at the Tijuana-San Ysidro border, which is in the Border Patrol’s San Diego sector.

On Nov. 25, unrest broke out as some immigrants attempted to run through border checkpoints or scale the barriers after growing frustrated with the long wait to enter the country. CBP officers responded with tear gas, bringing attention to the worsening tension between CBP and the frustrated migrants in Tijuana.

In response to a KNSD question about the list, a spokesman for CBP said it is protocol to “collect evidence that might be needed for future legal actions.”

“To determine if the event was orchestrated…CBP and our law enforcement partners evaluate these incidents, follow all leads garnered from information collected, conduct interviews and investigations, in preparation for, and often to prevent future incidents that could cause further harm to the public, our agents, and our economy,” the spokesman told KNSD.

FEARS CONFIRMED

The documents confirm what many people who report on immigration or provide humanitarian aid and legal counsel to asylum seekers at the southern border have reported anecdotally. They say that CBP is focused on them and increasingly pulling them aside for what is known as a “secondary screening.”

During that screening, journalists and lawyers describe being told that they are being interviewed as part of a national security investigation and that they must give officers access to their cell phones. Many do not know their rights as American citizens to refuse to answer such questions or request a lawyer.

One lawyer from the list who was recently stopped at a San Diego-area crossing, Nicole Ramos, refugee director for Al Otro Lado, a law center for migrants in Tijuana, Mexico, learned from NBC News that CBP had compiled a dossier of information on her. The dossier included personal details such as her mother’s name, her social media pictures, the car she drives and her work and travel history.

“The document…appears to prove what we have assumed for some time, which is that we are on a law enforcement list designed to retaliate against human rights defenders who work with asylum seekers and who are critical of CBP practices that violate the rights of asylum seekers,” Ramos said.

Two other immigration lawyers who frequently travel to northern Mexico to help asylum seekers attempting to cross into the U.S. say the practice is starting to scare away would-be volunteers.

“It has a real chilling effect on people who might go down there. I was going to go this week, but I had to worry about whether I could get back in [to the U.S.],” one lawyer speaking on the condition of anonymity told NBC News.

Other immigration lawyers told NBC News they have been stopped and questioned in places far from San Diego. In Juarez, an attorney was stopped and accused of being a human smuggler. She was released only after the officers took her contacts and data from her phone. She was also asked what she was telling asylum seekers to say to U.S. authorities, according to another lawyer speaking on her behalf.

A former senior DHS official said it is against U.S. policy to target travelers based on their profession.

“It would be highly inappropriate and questionable from a legal perspective,” the former official said.

“While it is true that CBP has broad authority to interview and search anyone crossing the border, if there is no reasonable suspicion that you are involved in criminal activity, then they have no right to detain you,” the former official added.

This is a tragedy. Legal representation is probably the single most important and cost-effective thing that could be done to facilitate processing, insure fair decisions consistent with Due Process, prevent the mistakes that are prevalent in an overloaded and inherently biased system, and insure appearance at future hearings. For a fraction of the cost of the various “built to fail” and often illegal enforcement schemes this Administration crooks up, they could actually take a big step toward resolving the problem with universal representation.
Kakistocracy has its costs, both human and fiscal.
Join the New Due Process Army and fight the Trump Kakistocracy every day!
PWS
03-07-19

HUMAN RIGHTS FIRST: ADMINISTRATION’S LATEST IMMORAL GIMMICK — A “REGIONAL REPRESSION COMPACT” — FURTHERS PERSECUTION WITHOUT ADDRESSING ROOT CAUSES OF REFUGEE FLOW FROM NORTHERN TRIANGLE!

February 21, 2019

Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis

New York City—In response to today’s announcement that Department of Homeland Security Secretary Kirstjen Nielsen is discussing the development of a regional compact plan with Central American countries in the northern triangle, Human Rights First’s Eleanor Acer issued the following statement:

The so-called compact announced today sounds like a short-sighted and heavy-handed attempt to stop people in desperate need of safety from finding it in the United States, rather than an actual commitment to address underlying human rights violations in the region. It is yet another move from an administration that has spent the past two years dismantling the systems put in place to protect the world’s most vulnerable people.

This announcement does not reflect any commitment to address the actual root causes pushing people to seek protection—political repression, gender-based persecution, brutal murders, and other human rights violations.

The Trump Administration is enlisting the very countries that people are fleeing to prevent the escape of individuals plagued by this persecution and violence. The United States should certainly work with countries in the region to counter and prosecute smugglers and traffickers who prey on migrants and asylum seekers. This plan, however, aims to stop asylum seekers who do not employ smugglers but travel with other people for safety through dangerous territories.

Human Rights First urges the Trump Administration to implement regional strategies that strengthen the rule of law and human rights conditions in Central America, strengthen refugee protection in Mexico and other countries, and stop its efforts to block refugees from asylum in the United States.

For more information or to speak with Acer contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319

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It’s “Kakistocracy in Action” — malicious incompetence institutionalized. Certainly, Nielsen has to be the worst excuse ever for a DHS Secretary. Indeed, those who actually might threaten our security must be “licking their chops” at her continuous display of idiotic Trump sycophancy and White Nationalist lies and obsessions with bedraggled families seeking refuge while smugglers, drug traffickers, cartels, and gangs reap profits from her failed policies and take delight in her inability and unwillingness to address the real security problems.

While real human rights crises are unfolding, and real human lives are in danger, the Trump Administration dawdles away time and resources on endless “designed to fail” White Nationalist gimmicks that appear intended to enable and encourage persecution rather than addressing the problems that cause forced migration.

The Obama Administration did a genuinely lousy job of addressing the refugee and human rights issues in the Northern Triangle. But, Trump, Nielsen, and McAleenan are making to Obama group look like humanitarian geniuses by comparison.

As the great Casey Stengel once said while attempting to manage the 1962 NY Mets: “Can’t anybody here play this game?” Sadly, in the case of the Trump Administration, the answer is a resounding “No.”

Bad things happen to countries that allow themselves to be run by malicious incompetents (that is, a Kakistocracy).

As I have said before, “We Are diminishing ourselves as a nation, but that won’t stop human migration.”

Join the New Due Process Army and help restore humanity, Due Process, competence, and good government to America before it’s too late!

PWS

03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

GW CLINIC REPORT: Justice Finally Triumphs — 7-Year Battle On Behalf Of Abused Refugee Woman Succeeds!

Paulina Vera, Esq.; Professor Alberto Benitez; Rachel Petterson

Friends,
Please join me in congratulating S-P-G-G, from El Salvador, whose asylum application was granted by IJ David Crosland on February 26.  We received the decision today.  When told of the grant, S-P-G-G screamed.  She can start the process of bringing her minor son to the USA.  Please also join me in congratulating Rachael Petterson, Julia Navarro, Solangel González, Chen Liang, Xinyuan Li, Abril Costanza Lara, Allison Mateo, and Paulina Vera, who worked on this case.
The IJ found that S-P-G-G warranted humanitarian asylum because she established compelling reasons arising from the severity of her persecution.  Among other things, she had been raped by her sister’s ex-boyfriend, which resulted in her becoming pregnant, and giving the child up for adoption.  S-P-G-G testified that she experiences recurring nightmares, suicidal feelings, a sense of hopelessness, and fear as a result of her persecution.
FYI.  The client’s initial hearing was on December 18, 2012, IJ Crosland denied asylum, she appealed to the Board of Immigration Appeals (BIA), which remanded to the IJ, he denied asylum again, she appealed to the BIA, which denied asylum, she appealed to the 4th Circuit Court of Appeals, which remanded to the IJ, and he finally granted asylum on February 26.
**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
************************************
Congrats to SPGG and her wonderful team at the GW Immigration Clinic! More than six years of litigation, two wrongful denials, two appeals to the BIA, one incorrect BIA decision, and a remand from the Fourth Circuit before justice was finally done.
Illustrates four things:
  • The absolute BS of those like Sessions and other restrictionists who say asylum cases can be raced through the system on an assembly line;
  • The further BS of claiming that asylum applicants and their lawyers are “gaming” the system when many delays, like this, are caused by poor anti-asylum decision-making within EOIR combined with the DOJ’s incompetent administration of the Immigration Courts;
  • The importance of full appellate rights, including review by a U.S. Court of Appeals that is actually an independent, fair, and impartial court, not a Government agency masquering as a court;
  • The absurdity of claiming that unrepresented asylum seekers can receive anything approaching Due Process in the EOIR system, particularly when they are held in inherently coercive “civil immigration detention.”

What if we had a fair, expert Immigration Court system that made every effort to do right by asylum seekers in the first instance by interpreting and applying the law in the generous and humanitarian manner to protect those in need as originally intended in the Refugee Act of 1980 and described by the Supremes in Cardoza-Fonseca?

What if we had a Government that cared about Due Process and worked to promote it rather than attempting to whack it out of shape to screw the most vulnerable among us at every opportunity?

What if the emphasis in the Immigration Courts was on fairness, scholarship, respect, and teamwork with all concerned (not just “partnership” with the prosecutor and politicized Administration goals) rather than on “haste makes waste” methods and gimmicks.

Hey, we could have a working court system where justice was served and more things got done right in the first place, instead of the disgraceful mess that EOIR has become under DOJ’s highly politicized mismanagement!

PWS

03-07-19

REP. DON BEYER (D-VA) IN THE HILL: There Are Strategies To Constructively Address Human Rights Problems In The Northern Triangle — A Wall Isn’t One Of Them

https://thehill.com/blogs/congress-blog/foreign-policy/431757-rep-beyer-what-i-learned-in-central-america

Rep. Breyer writes:

Last week I traveled with colleagues to Central America’s Northern Triangle — Guatemala, Honduras, and El Salvador — where we spent five days meeting with heads of state, law enforcement, business leaders, U.S. ambassadors and diplomatic staff, USAID officials, and working people.

The trip, organized by Sen. Tom Carper of Delaware, was highly informative, particularly given the ongoing debate over immigration policy, temporary protected status (TPS), trade, and other related issues.

I think my fellow travelers – Sens. Carper and Jeff Merkley (Ore.) and Reps. Lisa Blunt Rochester (Del.), Lou Correa (Calif.), and Donald Norcross (N.J.) – would agree that what we saw and heard was both depressing and encouraging.

It is clear that the top mission of our U.S. presence in these countries is changing the conditions which drive irregular migration attempts to the United States. We are attacking the corruption, especially within the governments, which undermines citizen confidence that their countries will progress.  We are training police forces to deal with both gang violence and narcotics trafficking, with significant reductions in the murder rates in all three countries.  And we are investing in the conditions necessary for economic growth, especially the training of young people for jobs that pay much more than the minimum wage.

Our top concern was the decline in presidential support for U.S. initiatives to support economic growth and improved security in the region, and the naive idea that a wall on a border more than a thousand miles north will be any disincentive for jobless people living in fear of violence. The notion that a wall would magically solve the complex problems which cause people to flee to the United States was not borne out by what we saw.

Instead, we saw again and again that when we help create conditions of the most modest prosperity, when we reduce the fear of imminent violence, and when folks believe things will get better, it greatly reduces people’s desire to emigrate to the United States.

The most effective way for us to deal with unwanted immigration is to address the root causes in the developing economies of the Northern Triangle. We have already made a significant difference, but there is so much more we can and must do.

We should begin by shifting the useless waste of taxpayer funds in a silly border wall into greater investment into the Alliance for Prosperity, into our law enforcement efforts, and into diplomacy which will ensure ever less corrupt and more responsive governments.

My colleagues and I will be sharing these lessons with our colleagues this week, as Congress takes up a measure to reject the president’s fake national emergency, and beyond it as we look for humane, practical solutions to improve our immigration system and our relationships with these nations.

Beyer represents Virginia’s 8th District.

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

There are many other things that we could do, both internationally and domestically, to address the current humanitarian situation in the Northern Triangle. The money that the Trump Administration is happy to waste on a wall, unnecessary and inhumane detention, and the unneeded stationing of troops on the border could actually support much more reasonable and effective approaches that would comply with the law, rather stretching and often breaking it.

We need a better government by better people. Join the New Due Process Army and help end the Trump Kakistocracy.

NOTE:  Don Beyer is our Representative.

PWS

03-06-19

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

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Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19

TRUMP’S DUMB & UNLAWFUL POLICIES INCREASE ILLEGAL BORDER CROSSINGS & UNNECESSARILY ENDANGER REFUGEES — The DHS Lies By Calling Them “Illegitimate Asylum Seekers” & Dishonestly Implying That Their Claims Aren’t Legitimate — In Fact, Asylum Seekers Have A Right To Apply At The Border That Trump Is Unlawfully Denying — They Also Have A Legal Right To Apply Regardless Of How They Enter!

https://www.nbcnews.com/politics/immigration/trump-restricted-flow-border-more-migrants-trying-sneak-through-undetected-n976356

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Undocumented immigrants are increasingly choosing to cross the U.S. border illegally rather than waiting in line to claim asylum at legal ports of entry, according to U.S. Customs and Border Protection data obtained by NBC News.

Immigration lawyers and rights advocates say asylum seekers are opting for illegal crossing because they are growing frustrated with waiting lines caused by Trump administration policies. Advocates say immigrants who might otherwise have presented themselves at legal ports are now going between entry points where, if caught, they can remain in the country while awaiting an asylum hearing.

In recent months, CBP has restricted the number of immigrants who can be processed for asylum at ports of entry and has begun turning back asylum seekers, who must now wait in Mexico while their cases are decided.

CBP data shows that at the same time, the proportion of immigrants caught crossing illegally rather than through legal ports of entry has been rising.

It climbed from 73 percent of border crossings between October 2017 and January to 2018 to 83 percent for the same period ending this January 31. The percentage reporting to legal ports of entry, meanwhile, dropped from 27 percent to 17 percent, even as the overall number of border crossings rose sharply, according to the data.

An official from the Department of Homeland Security, of which CBP is a part, said those abandoning legal entry points may not have legitimate asylum claims.

“The fact that illegitimate asylum seekers may be abandoning efforts at our [ports of entry] means that legitimate asylum seekers at the [ports of entry] can receive protections far more quickly — which has been our goal from the start,” said the DHS official. The department declined to comment on the record.

WAITING IN TIJUANA

In January, U.S. officials finalized a deal with Mexico that forces asylum seekers who present themselves at the legal port of entry in San Diego back across the border to Tijuana. There they must wait months or years, often in unsafe and unsanitary conditions, while an American immigration judge determines whether asylum can be granted. The policy, known as Remain in Mexico, may soon spread to other ports of entry if Mexico agrees to shelter the immigrants at other locations.

Illegal crossers, meanwhile, do not have to wait in Mexico, even if they are caught. Two DHS officials told NBC News that there are no plans to send asylum seekers back across the border if they are caught crossing illegally, primarily because the Mexican government lacks the infrastructure to shelter them at what are often remote points.

If they are caught and do not claim asylum or pass the initial asylum screening, procedure requires that they are flown back to their home countries. Most current border crossers are not from Mexico but from Honduras, Guatemala and El Salvador.

Immigration advocates and lawyers say immigrants are being warned about the conditions in cities like Tijuana and are increasingly choosing to risk apprehension by the Border Patrol while crossing into the U.S. illegally instead of waiting in Mexico.

Michelle Brané, director of the Women’s Refugee Commission, said 9 out of 10 immigrants she spoke to in CBP custody would tell her and her staff they made the choice to cross illegally after other migrants told them the line to enter legally would mean a long wait in a dangerous place.

“They would say, ‘There was a line and they told me I would get turned away,’ or, ‘People told me it’s too dangerous and you can’t get in that way,'” Brané said.

The most notorious line is in Tijuana, where thousands of immigrants have waited in shelters and tent camps since last fall, hoping to claim asylum to enter San Diego.

Immigrants in Tijuana keep what is known as “la lista,” or the list, to decide who can approach the U.S. border each day to claim asylum, according to affidavits by immigration lawyers. Due to a U.S. policy known as metering, only about 40 to 100 immigrants per day are permitted to enter. CBP is only permitting a maximum of 20 migrants per day to cross into Eagle Pass, Texas, where another group of about 1,800 immigrants has recently arrived.

DHS says metering is a result of only being able to process so many asylum seekers per day, due to limited resources. However, the Trump administration has not increased its manpower for processing asylum claims at the border, though it has increased border enforcement officers and numbers of military troops.

A CALCULATED RISK

The number of undocumented immigrants attempting to enter the U.S. from Mexico is not near levels seen in the early 2000s. But the overall number of undocumented immigrants crossing the southern border has risen since a year ago. From October 2017 to January 2018, according to CBP figures, 150,346 crossed the border, a number that surged to 242,667 in the same four-month period ending in January 2019.

The biggest surge has come in the numbers who are crossing illegally. CBP apprehended more than 200,000 crossing illegally between October 2018 and this January, compared to 109,543 a year earlier — nearly doubling the total of illegal crossings.

Working with asylum seekers in Tijuana in December, Kennji Kizuka, senior researcher and policy analyst at Human Rights First, said he saw some immigrants grow frustrated with the wait and try their luck at crossing illegally.

“People were leaving and saying they were about to cross. They had just given up on waiting their turn to get on the list after finding out how long it was and how many months they would be there and how horrible the conditions were,” Kizuka said.

But crossing between legal ports of entry also comes with dangers.

Late last year, two children who crossed with their parents died in CBP custody after being picked up in remote areas after making long journeys, where access to water and other basic needs are severely limited.

Border Patrol Chief Carla Provost told Congress on Tuesday that for the first time in U.S. history, families and unaccompanied children make up 60 percent of those arrested between ports of entry. Also, Provost said border patrol is noticing that families and unaccompanied children are traveling in larger numbers: Nearly 68 groups ranging from 100-350 so far in 2019, compared to 13 last year and two the year prior.

Immigration advocates say the large groups are due in part to a “safety in numbers” strategy as families and children are being warned about the dangers not only on the journey but as they await entry to the U.S. in northern Mexico.

INSIDE THE ADMINISTRATION’S “KIDDIE GULAG:” Thousands Of Allegations Of Sexual Abuse Surface!

https://www.cnn.com/2019/02/26/politics/hhs-documents-minors-sexual-abuse/index.html

Sophie Tatum reports for CNN:

Washington (CNN)The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.

In addition,1,303 complaints were reported to the Justice Department during that same time frame, according to the documents.
Deutch addressed the documents during a high-profile House hearing Tuesday on the Trump administration’s “zero tolerance” policy that resulted in thousands of immigrant children being separated from their parents.
He said that the documents “demonstrate over the past three years, there have been 154 staff on unaccompanied minor, let me repeat that, staff on unaccompanied minor allegations of sexual assault.”
“This works out on average to one sexual assault by HHS staff on unaccompanied minor per week,” he added.
Axios first reported the documents.
“I am deeply concerned with documents that have been turned over by HHS that record a high number of sexual assaults on unaccompanied children in the custody of the Office of Refugee and Resettlement,” Deutch said. “Together, these documents detail an environment of systemic sexual assaults by staff on unaccompanied children.”
HHS spokesperson Caitlin Oakley addressed the reports in a statement, saying minors’ safety is a “top concern,” and noted that there are “rigorous standards” in place for employees, which include mandatory background checks.
“These are vulnerable children in difficult circumstances, and ORR fully understands its responsibility to ensure that each child is treated with the utmost care. When any allegations of abuse, sexual abuse, or neglect are made, they are taken seriously and ORR acts swiftly to investigate and respond,” Oakley said.
At the hearing Tuesday, HHS’ US Public Health Service Commissioned Corps commander, Jonathan White, defended his agency against accusations of sexual abuse when asked by Rep. Tom McClintock, a California Republican, to respond to allegations that they were all “but serial child molesters” during a “drive-by slander a few minutes ago.”
“We share concern that I think everyone in this room feels. Anytime a child is abused in the care of ORR is one too many,” White said.
He added that “the vast majority of allegations prove to be unfounded when they are investigated by state law enforcement and federal law enforcement and the state licensure authorities to whom we refer them.”
“It is important to note that I am not aware of a single instance anywhere of an allegation against the ORR federal staff for abuse of a child,” White said.
Some of the incidents that were reported to the Justice Department included allegations against staff members who were accused of having relationships with minors, unwanted sexual touching and showing the minors pornographic videos, according to Axios. Axios also reported that of the thousands of complaints, there were 178 accusations against the adult staff.

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The Administration’s responses sound like a cover up to me. And they were “coaxed out” by GOP Reps who appear eager not to have the abuses engendered by the Administration’s toxic immigration enforcement policies fully vetted. Seems doubtful, based on my decades of Government experience, that “where there are 4,500 reports of smoke, there are no fires.”

Additionally, lawyers from the DOJ were still in court this week advancing specious and disingenuous arguments for avoiding responsibility for unconstitutional child separation that their clients had intentionally caused.

In fairness, these problems also existed under the Obama Administration. But, faced with extensive evidence of a broken system, the Trump Administration “doubled down” on problematic practices.

Eventually, there will be accountability for the detention disaster. And, when it happens both the responsible officials and the GOP legislators who are trying so hard to cover up the truth should face a reckoning.

PWS

02-27-19

INTERNATIONAL RESCUE COMMITTEE: YOU DON’T NEED A LAW DEGREE TO KNOW THIS SIMPLE TRUTH: Seeking Asylum In The U.S. Is Legal; Turning Away Asylum Seekers Is Not!

https://www.rescue.org/article/fact-check-what-national-emergency-do-we-need-wall

Behind the headlines

Fact check: What is the national emergency? Do we need a wall?

At the same time vulnerable families are reportedly being returned across the border to wait for their asylum claims to be processed, under a new administration policy called “Remain in Mexico.” Rather than make America safer, these policies will expose Central American children and families who have fled persecution, torture and violence to even more danger and uncertainty. Here’s what you need to know:

There is no national emergency at the border.

The number of irregular border crossings is actually at historic lows, according to Customs and Border Patrol figures. “This is clearly a manufactured ‘emergency,’” says Jennifer Sime, senior vice president, U.S. Programs for the International Rescue Committee.

The crisis is elsewhere.

The real crisis is the instability in Central America, which is forcing people to flee for their lives. People living in Honduras, Guatemala and El Salvador are enduring some of the worst violence outside an active war zone. Many of those fleeing to the U.S. border have traveled together in caravans for safety.

A Central American girl holds a book as others traveling in a caravan climb the Mexico-U.S. border fence in an attempt to cross to San Diego County.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people and the right to seek asylum.

Photo: ​​GUILLERMO ARIAS/AFP/Getty Images

But rather than offering safe haven, the U.S. administration continues to block people from claiming asylum, separate families as part of its ‘zero tolerance’ effort, and forcibly return asylum seekers to Mexico as part of the ‘Remain in Mexico’ policy.

Seeking asylum is legal. Turning away asylum seekers is not.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people—including Central American refugees and asylum seekers—and the right to seek asylum.

The administration’s policies violate these laws, and rob asylum seekers of their due process rights, including access to legal counsel. They will also expose thousands of families and children to unsafe conditions.

IRC staff who have been in Tijuana say people awaiting asylum claims, and those helping them, are fearful as they face a credible risk of being targeted by violence. “They have called the idea of sending people back appalling, and sending children in particular, unthinkable,” says Jennifer Sime.

The emergency declaration harms America

The emergency declaration and systematic attacks on asylum seekers by the U.S. administration place some of the most vulnerable people on earth in harm’s way. Alongside reports of forcibly returned children, they fatally undermine the United States’ strategic leadership and moral clarity on humanitarian issues.

Read our full statement:  IRC responds to U.S. Emergency Declaration, reports of forcible return of children to Mexico (Feb. 15, 2019)

How the IRC helps

The International Rescue Committee is calling on the U.S. administrationto rescind this cruel and irresponsible policy, follow domestic and international law, and uphold America’s humanitarian commitments.

In addition to speaking out, the IRC provides emergency assistance to help those in El Salvador who are most at risk to find shelter and safety, as well as cash assistance to help people rebuild their lives.

In the U.S., the IRC will continue to help meet asylum seekers’ basic needs, facilitate family reunifications, connect people to critical legal services and help them access psychosocial support.

Stand with asylum seekers

Instead of receiving the welcome and protection they need, families fleeing violence have had the door slammed in their faces when they reach the U.S.

 

Join the “New Due Process Army” and fight to uphold our laws and Constitution against a scofflaw and dishonest Administration.
PWS
02-24-19

MARIA SACCHETTI @ WASHPOST WITH A “SOFTER PORTRAIT” OF US BORDER PATROL: Despite The White Nationalist Lies, Fear Mongering, & False Narratives Hurled By Trump Politicos, At The Border, Reality, Kindness, & Simple Humanity Sometimes Win Out!

https://www.washingtonpost.com/local/immigration/you-want-a-cookie-as-families-arrive-en-masse-border-agents-offer-snacks-and-medical-checks/2019/02/19/1b334d5c-1dd7-11e9-9145-3f74070bbdb9_story.html

Maria writes

This cactus forest on the U.S.-Mexico border was quiet one recent day. No mass crossings of migrant families. No sprinters. Just two men caught sneaking into the Arizona desert.

Then U.S. Border Patrol Agent Daniel Hernandez spotted a youth alone under a juniper tree, dressed as if he were headed to church. When the agent approached, the boy quickly surrendered.

“Are you afraid?” Hernandez asked in Spanish. The youth nodded and said his name was Marco and that he was from Guatemala. He was 14 but looked small in an oversize jacket, pressed shirt and pants, and too-large black oxford shoes.

Hernandez lifted his sunglasses to appear less intimidating. He asked Marco who had left him, how he knew where the border was, and whether he carried food and water.

“Are you hungry?” he asked. “When was the last time you ate? Yesterday? You want a cookie?”

The deaths of two Guatemalan children in December and the massive groups of Central American families crossing the border are increasingly transforming the Border Patrol’s role from national security to humanitarian relief, even as President Trump declares the situation a national emergency.

Well over half the people taken into custody in recent months have been parents and children, with hundreds surrendering at a time, often in isolated locations. In other cases, youths such as Marco are dropped off by themselves. More than 1,800 Central American parents and children, a record high, crossed illegally last week on the day Trump went to El Paso to tout the need for a border wall.

Homeland Security Secretary Kirstjen Nielsen promised “extraordinary protective measures” following the deaths of Jakelin Caal, 7, and Felipe Gómez Alonzo, 8, who crossed into the United States with their fathers. Since then, the federal government says it has dramatically increased its medical staff at the border.

A Mexican man detained by U.S. Customs and Border Protection died this week at a medical facility, however. And advocacy groups warn that the remote areas where families are crossing, and the agency’s crowded detention facilities, still pose serious risks — especially for young children.

Medical teams from the Coast Guard, the Department of Health and Human Services, and new private contractors have been triaging and examining migrant children on the border. Border agents, hundreds of whom are also paramedics, are patrolling more far-flung areas, backed up by helicopters, buses and SUVs. The U.S. military has also helped with the evaluation and treatment of migrants.

“We’ve been adapting to these new realities,” said a senior adviser for Customs and Border Protection who was allowed to speak only on the condition of anonymity.

The deaths of Jakelin and Felipe remain under investigation, and the official said the Department of Homeland Security so far hasn’t found any sign of a widespread public health crisis on the border. The biggest challenge, Border Patrol agents say, are the large groups of migrants — 200 to 300 people at a time — crossing in distant locations, swamping the agency’s resources.


U.S. Border Patrol agents monitor the border Jan. 18 in Organ Pipe Cactus National Monument in Arizona. (Jabin Botsford/The Washington Post)

Border Patrol Agent Daniel Hernandez speaks with Marco, a 14-year-old from Guatemala, who was arrested after illegally crossing the U.S.-Mexico border. (Jabin Botsford/The Washington Post)

A U.S. Border Patrol agent drags tires to ease the search for footprints of people crossing the border in Organ Pipe Cactus National Monument. (Jabin Botsford/The Washington Post)

Fifty-eight large groups crossed from October to January, compared with 13 groups over the same period last year.

Some migrants arrive with colds, sprained ankles, broken bones, chicken pox and “gripe,” otherwise known as the flu. A toddler who fell from a moving vehicle in Mexico was brought to the U.S. border in January with a possible broken arm. A teenage girl cracked several vertebrae after slipping from an 18-foot-high border wall in December.

CBP has given Border Patrol agents “enhanced” field guidance to check every child — including those arriving in large groups — and ask if they are sick, injured, dehydrated or hungry. Agents have also stocked up on baby formula, diapers and women’s sanitary supplies in sectors such as Yuma, where 90 percent of border crossers in January were family members and unaccompanied minors.

Migrants who are ill are sent to a hospital. The rest are taken to Border Patrol stations for more-comprehensive screenings. Doctors and nurses check their vital signs, take their medical histories and administer medicine.

In one instance, on Jan. 24, the DHS flew in a physician and other staff via helicopter to a Border Patrol station in the Tucson sector to examine 130 minors. Two youths with high fevers were taken to a hospital.

Still, the huge numbers of families arriving carry significant risk, officials say, because many cross into the United States in less-populated areas, with few agents and limited or no medical facilities.

The CBP official said the agency is deploying general-practitioner physicians who can treat a wide array of people — including children and pregnant women. But the American Academy of Pediatrics said it has urged CBP Commissioner Kevin McAleenan to hire medics trained in pediatrics, or at least accept volunteer pediatricians, because children require more specialized care.

“Sick children are very different from adults,” said Colleen Kraft, the immediate past president of the academy, whose term ended Dec. 31. “If you don’t have the pediatric training . . . you’re going to miss those children who are becoming very, very ill.”

Doctors and advocates said young children should not be housed in cold and crowded processing cells, where migrants describe sleeping on mats on the floor under silver Mylar blankets.

“It’s a law enforcement mentality,” said Marsha Griffin, a pediatrician who volunteers at a shelter in McAllen, Tex., and the co-chair of the academy’s special-interest group on immigrant health. “They are treating people as prisoners, not as children and families.”

On a tour of the Border Patrol’s Tucson sector in January, agents did not allow a Washington Post reporter to visit the cells where migrants are held, citing privacy concerns. But some migrants recently released from those cells and dropped off in vanloads at a Tucson shelter praised the medical attention their children received in federal custody.

Julio, a schoolteacher from Guatemala, said his daughter Jakeline, 15, was taken to the hospital with the flu and had recovered.

“The care was excellent,” he said, speaking at Casa Alitas, a Catholic Community Services of Southern Arizona shelter on a palm-tree-lined street. Shelter officials asked that the migrants be identified only by their first names to protect their privacy.

. . . .

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

Read the rest of Maria’s excellent article at the above link.

Imagine what could be achieved if the Administration simply followed the law by getting enough Refugee Officers, Inspectors, Asylum Officers, Immigration Judges, Court Clerks, and Private Attorneys to process the cases fairly, efficiently, and in accordance with the law, our international obligations, and Due Process. Folks would be encouraged to apply abroad or at ports of entry. The Border Patrol could actually return to real law enforcement duties.

 

It wouldn’t cost anything close to $8 billion.  And it wouldn’t tie up the Federal Courts with avoidable litigation because of the Administration’s disrespect for the law, our Constitution, and Congressional intent.

 

It could happen.  But, not unless we change to a Non-White-Nationalist Regime. Essentially, everyone including the Border Patrol is being adversely affected by Trump’s bad, and ultimately unsustainable, restrictionist immigration policies.

 

PWS

02-20-19

LITHWICK & STERN @ SLATE: Will California’s Appeal To Conservative Jurisprudence Convince Conservative Judges In Litigation Against Trump’s Fake National Emergency?

https://slate.com/news-and-politics/2019/02/california-lawsuit-trump-emergency-wall-conservative-gorsuch.html

Dahlia Lithwick and Mark Joseph Stern write in Slate:

Last Friday, President Donald Trump declared a national state of emergency at the southern border, adding that it wasn’t one of those emergencies he actually “needed” to declare and then saying a bunch of other things. As he predicted, a coalition of 16 states filed a federal lawsuit on Monday night, seeking a preliminary injunction to prevent the president from acting on his emergency declaration. As he also predicted, that suit was filed in federal district court in California.

What Trump did not predict—and probably could not, given his tenuous grasp on the legal limitations of executive authority—is that Monday’s lawsuit is, at bottom, extremely conservative. The suit does not appeal to the justices’ empathy for vulnerable immigrants or question whether Trump’s racist motives might undermine the declaration’s legality. Instead, it relies upon ancient principles of separation of powers to make a very strong case that Trump has short-circuited the Constitution. It is not a lawsuit about equality, or dignity, but about the nuts and bolts that undergird the constitutional lawmaking process. It is wonky, and formal, terse, and unromantic. And if the Supreme Court’s conservatives have any consistency, Monday’s lawsuit should persuade them to block Trump’s wall.

The 16 plaintiff states center their 57-page complaint around a basic argument: that the president has violated the cardinal principle of separation of powers by trammeling Congress’ will to achieve his policy preferences. Trump, the lawsuit alleges, “has used the pretext of a manufactured ‘crisis’ of unlawful immigration to declare a national emergency and redirect federal dollars appropriated for drug interdiction, military construction, and law enforcement initiatives toward building a wall on the United States-Mexico border.” There is “no objective basis” for this declaration, as Trump himself has essentially admitted. Further, “[t]he federal government’s own data prove there is no national emergency at the southern border that warrants construction of a wall,” and unauthorized entries are “near 45-year lows.”

Much of the complaint details funding that will be diverted from National Guard and drug-interception projects favored by the states in order to build the wall instead. The plaintiffs say that grants them standing to sue in federal court since the president is redirecting money that would benefit their interests to a project that will not. But the states aren’t simply upset because they would have preferred that the money be used for military construction and law enforcement. They are upset because, they allege, the money has been taken from these projects and from their citizens to be used illegally.

Trump, the plaintiff states write, has “violated the United States Constitution’s separation of powers doctrine by taking executive action to fund a border wall for which Congress has refused to appropriate funding.” By “unilaterally diverting funding that Congress already appropriated for other purposes to fund a border wall for which Congress has provided no appropriations,” the president has run afoul of the Presentment Clause.

This lawsuit joins a series of others that have already been filed by watchdog groups. While they all argue that there is no actual emergency at the southern border, that is not the gravamen of their complaint. Instead of asking the courts to second-guess Trump’s intent, these challengers ask them to decide whether Trump had authority to act in the first place.

The answer, they assert, is no. The Presentment Clause is straightforward: For a bill to become law, it must pass both houses of Congress, then be presented to the president for approval. Yet Congress never passed a bill authorizing and funding the border wall Trump now demands. It never presented such legislation to the president for his signature. This is the stuff of Civics 101. Whatever powers the National Emergencies Act may grant to the president, a federal statute cannot override the Constitution. The executive cannot use funds Congress did not appropriate. He cannot amend statutes himself to create money for pet projects. Trump asked Congress for a large sum of money to construct a border wall; Congress resoundingly and provably said no. The National Emergencies Act does not give him leeway to contravene Congress’ commands.

These problems ought to be catnip for SCOTUS’ conservative justices—particularly Justice Neil Gorsuch. In his very first dissent on the Supreme Court, Gorsuch extolled the virtues of this pristine constitutional system. “If a statute needs repair,” he wrote, “there’s a constitutionally prescribed way to do it. It’s called legislation.” Gorsuch continued:

To be sure, the demands of bicameralism and presentment are real and the process can be protracted. But the difficulty of making new laws isn’t some bug in the constitutional design: it’s the point of the design, the better to preserve liberty.

A year later, in his rightly celebrated opinion in Sessions v. Dimaya, Gorsuch hammered this same point home again. “Under the Constitution,” he wrote, “the adoption of new laws restricting liberty is supposed to be a hard business, the product of an open and public debate among a large and diverse number of elected representatives.” The courts abdicate their responsibility when they ignore the Constitution’s “division of duties” between the branches of government. These “structural worries” form the bedrock of American constitutional governance, whose ultimate goal is to safeguard “ordered liberty.” These new challenges demonstrate that Trump is circumventing these “structural worries” and harming “ordered liberty” in the process.

There’s also clear precedent for allowing states to take up this kind of challenge. When President Barack Obama tried to defer deportation for the undocumented parents of American citizens and legal residents, the Supreme Court’s conservatives threw a fit. They accused the president of legislating from the Oval Office and acting without congressional approval. And they succeeded in blocking that program after Texas and 25 other states sued based on an allegation of the flimsiest of hypothetical harms. In that case, Obama was merely executing a statute that allowed him to set “national immigration enforcement policies and priorities,” not building a border wall by fiat in defiance of congressional appropriators. If a president can violate the cardinal principle of separation of powers by stretching congressional guidance, and the states can sue him for it, surely he commits the same constitutional sin against those states by flouting congressional commands.

Litigants have learned well, after two long years of arguing over the travel ban, that the five conservatives have little to no interest in probing what lies in the president’s heart. They simply don’t care about what might or might not be a pretext, or whether tweets should count. They want clinical analysis of formal constitutional authority and presidential power. California v. Trump offers that up on a silver platter: Whatever the president can do—whether his name is Obama or Trump—he cannot take funds Congress refused to appropriate and use them to thwart the will of Congress. No tears, no drama, no probing of the executive’s soul. Just the cornerstone of the Framers’ plan.

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

The appeal to “conservative jurisprudence” certainly appeared to “score” with Circuit Judge Jay Bybee of the 9th Circuit and Chief Justice John Roberts in the recent East Bay Sanctuary case (asylum regulations). Can it bring over Justice Neil Gorsuch and others in California v. Trump?

On the other hand, Professor Aziz Huq, writing in Politico says the case is already over and Trump has won because of the Supremes’ prior “what me worry” tank job in Hawaii v. Trump, the so-called “Travel Ban 3.0 Case” which also involved a “Trumped up bogus national emergency” to fulfill a political campaign promise. https://www.politico.com/magazine/story/2019/02/19/trump-national-emergency-border-wall-225164

With due respect to Professor Huq, I think this case is different because Congress specifically considered Trump’s request and “reasoning” for wanting more “Wall money” and rejected it. Whether that difference “makes a difference,” in terms of result, remains to be seen.  Stay tuned!

PWS

02-20-19

NOTE: An earlier version of this post misidentified the subject of the East Bay Sanctuary case — it was about the Trump Administration’s attempt to circumvent the asylum statute, NOT DACA, in which the Court has taken no action on the Government’s pending petition.

16 STATES SUE TRUMP ON BOGUS NATIONAL EMERGENCY — Nolan Says Trump Ultimately Likely To Prevail — “Slate 3” Appear To Agree!

https://www.washingtonpost.com/national/health-science/coalition-of-states-sues-trump-over-national-emergency-to-build-border-wall/2019/02/18/9da8019c-33a8-11e9-854a-7a14d7fec96a_story.html

Amy Goldstein reports for WashPost:

A coalition of 16 states filed a federal lawsuit Monday to block President Trump’s plan to build a border wall without permission from Congress, arguing that the president’s decision to declare a national emergency is unconstitutional.

The lawsuit, brought by states with Democratic governors — except one, Maryland — seeks a preliminary injunction that would prevent the president from acting on his emergency declaration while the case plays out in the courts.

The complaint was filed in the U.S. District Court for the Northern District of California, a San Francisco-based court whose judges have ruled against an array of other Trump administration policies, including on immigration and the environment.

Accusing the president of “an unconstitutional and unlawful scheme,” the suit says the states are trying “to protect their residents, natural resources, and economic interests from President Donald J. Trump’s flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution.”

. . . .

Read the rest of Amy’s article at the above link.

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But, over at The Hill, Nolan Rappaport predicts that Trump ultimately will prevail:

Family Pictures

Nolan writes:

House Speaker Nancy Pelosi (D-Calif.) and Senate Democratic Leader Chuck Schumer claim that President Donald Trump’s Southern Border National Emergency Proclamation is an unlawful declaration over a crisis that does not exist, and that it steals from urgently needed defense funds — that it is a power grab by a disappointed president who has gone outside the bounds of the law to try to get what he failed to achieve through the constitutional legislative process.
In fact, this isn’t about the Constitution or the bounds of the law, and — in fact — there is a very real crisis at the border, though not necessarily what Trump often describes. It helps to understand a bit of the history of “national emergencies.”
As of 1973, congress had passed more than 470 statutes granting national emergency powers to the president. National emergency declarations under those statutes were rarely challenged in court.
Youngstown Sheet & Tube Co. v. Sawyer, which was decided in 1952, the Supreme Court overturned President Harry S. Truman’s proclamation seizing privately owned steel mills to preempt a national steelworker strike during the Korean War. But Truman didn’t have congressional authority to declare a national emergency. He relied on inherent powers which were not spelled out in the Constitution.
Trump, however, is using specific statutory authority that congress created for the president.
In 1976, Congress passed the National Emergencies Act (NEA), which permits the president to declare a national emergency when he considers it appropriate to do so. The NEA does not provide any specific emergency authorities. It relies on emergency authorities provided in other statutes. The declaration must specifically identify the authorities that it is activating.
Published originally on The HIl.
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While many of us hope Nolan is wrong, his prediction finds support from perhaps an odd source: these three articles from Slate:

Nancy Pelosi Put Her Faith in the Courts to Stop Trump’s Emergency Wall

Big mistake.

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Trump Is Trying to Hollow Out the Constitutional System of Checks and Balances

The other two branches might let him.

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JURISPRUDENCE

Trump Isn’t Just Defying the Constitution. He’s Undermining SCOTUS.

The president defended his national emergency by boasting that he’ll win at the Supreme Court because it’s full of his judges.

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We’ll see what happens.  While the arguments made by Trump in support of his “Bogus National Emergency” were  totally frivolous (and, perhaps, intentionally so), the points made by Rappaport, Hemel, Shane, and Lithwick aren’t. That could spell big trouble for our country’s future!
Trump doesn’t have a “sure fire legal winner” here; he might or might not have the majority of the Supremes “in his pocket” as he often arrogantly and disrespectfully claims. Nevertheless, there may be a better legal defense for the national emergency than his opponents had counted on.
Certainly, Trump is likely to benefit from having a “real lawyer,” AG Bill Barr, advancing his White Nationalist agenda at the “Justice” Department rather than the transparently biased and incompetent Sessions. While Barr might be “Sessions at heart,” unlike Sessions he certainly had the high-level professional legal skills, respect, and the “human face” necessary to prosper in the Big Law/Corporate world for decades.
Big Law/Corporate America isn’t necessarily the most diverse place, even today. Nevertheless, during my 7-year tenure there decades ago I saw that overt racism and xenophobia generally were frowned upon as being “bad for business.” That’s particularly true if the “business” included representing some of the largest multinational corporations in the world.
Who knows, Barr might even choose to advance the Trump agenda without explicitly ordering the DOJ to use the demeaning, and dehumanizing term “illegals” to refer to fellow human beings, many of them actually here with Government permission, seeking to attain legal status, and often to save their own lives and those of family members, through our legal system.
Many of them perform relatively thankless, yet essential, jobs that are key to our national economic success. Indeed, it’s no exaggeration to say that like the Trump Family and recently exposed former U.N Ambassador nominee Heather Nauert, almost all of us privileged and lucky enough to be U.S. citizens who have prospered from an expanding economy have been doing so on the backs of immigrants, both documented and undocumented. Additionally, migrants are some of the dwindling number of individuals in our country who actually believe in and trust the system to be fair and “do the right thing.”
But, a change in tone, even if welcome, should never be confused with a change in policy or actually respecting the due process rights of others and the rule of law as applied to those seeking legally available benefits in our immigration system. That’s just not part of the White Nationalist agenda that Barr so eagerly signed up to defend and advance
It’s likely to a long time, if ever, before “justice” reasserts itself in the mission of the Department of Justice.
PWS
02-19-19

NOTE: An earlier version of this post contained the wrong article from Dahlia Lithwick.  Sorry for any confusion.


“LIES, DAMN LIES, & (BOGUS) STATISTICS” — That Sums Up Trump’s White Nationalist Immigration Agenda — America Needs To Stand Up Against This Would-Be Fascist Tyrant Who Threatens Our Country, Our Constitution, & Our Precious Democratic Institutions!

https://www.washingtonpost.com/opinions/dont-be-fooled-by-trumps-make-believe-crisis/2019/02/15/b66adc60-3158-11e9-8ad3-9a5b113ecd3c_story.html

From the Washington Post Editorial Board:

IT IS hard to single out any single event in Donald Trump’s presidency as the most untethered from truth and reality. Still, Friday’s news conference, in which Mr. Trump tried to defend his end run around Congress based on a make-believe emergency at the southern border, was, to use the president’s own words, a “big con game.”

Mr. Trump’s technique is to spin fiction as fact, secure in the knowledge that minds will reel as fact-checkers labor to deconstruct his ziggurat of falsehoods. So let’s stick to one big, basic truth: There is no crisis at the southern border.

There is no crisis, and there is no justification to specifically and surgically contravene the will of Congress, which just weighed and dismissed Mr. Trump’s demand for $5.7 billion to build a border wall, opting instead to grant him $1.375 billion.

Fact: Illegal crossings between ports of entry, as measured by Border Patrol arrests along the Mexican border, have plummeted since the turn of the century, falling to just below 400,000 in the most recent fiscal year, from more than 1.6 million in 2000. That nose-dive in illegal crossings coincides with better economic conditions in Mexico and a major increase in Border Patrol agents, technology and infrastructure along the southwest frontier.

Fact: Most illegal drugs that enter the country from Mexico are discovered by authorities at legal crossing points, not in remote areas where a wall would serve as a deterrent. That was the case, according to U.S. Customs and Border Protection, for 90 percent of the heroin seized along the border. It’s not a Democratic talking point. Vice President Pence, in an opinion piece published last month in USA Today, noted that most seizures of illegal narcotics are “primarily at points of entry.”President Trump declares a national emergency at the U.S.- Mexico border during remarks about border security in the Rose Garden of the White House on Feb. 15. (Oliver Contreras/For The Washington Post)

Fact: The number of illegal immigrants in the United States has been falling for more than a decade, and two-thirds of those who remain have been here for more than a decade. An estimated 10.7 million unauthorized migrants were in the country in 2016, about 1.5 million fewer than in 2007, according to the Pew Research Center.

Fact: Mr. Trump, having conjured a nonexistent crisis, simply could not countenance his failure to persuade Congress to pay for his border wall. The source for this assertion is the president himself, who acknowledged in his news conference Friday that “I didn’t need to do this” and “I just want to do it faster.”

The emergency for Mr. Trump is purely political, impelled by expectations inflated by his campaign promises to build a border wall and force Mexico to pay. Having conflated a political crisis with a national one, Mr. Trump chooses to dodge, dissemble and lie. A self-respecting Congress would not let stand this manufactured emergency.

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We shouldn’t think that just because 1) the courts  likely will stop Trump; and 2) even if they don’t, he’s too incompetent to build much wall anyway, no matter how long his regime lasts, everything “will be OK.”

The real tragedy and shameful disgrace is that with the time, money, and resources being squandered on “Trump’s fraud on America,” a competent “real” Administration could actually solve the problem in less time using current legal procedures.

A “real government” with those resources could:

  • Hire more Asylum Officers to do “credible fear” interviews;
  • Hire more U.S. Immigration Judges and Court staff to hear asylum cases in accordance with Due Process;
  • Provide lawyers for all asylum applicants; and
  • Hire more CBP Inspectors for Ports of Entry.

It’s not “rocket science;” it’s just using common sense to solve problems in accordance with the law, the (not alternative) facts, and without racist bias.

With competent apolitical professional management, which is undoubtedly available but unsought by this Administration, it could happen in the foreseeable future. And, unlike the “wall hoax,” a solution consistent with the law and due process actually would be as “durable” as anything can be in the 21st Century!

The 2020 elections will be a critical opportunity to use our existing democratic institutions to stop the perverted regime of this pathetic, yet dangerous, self-styled “Knockoff American Mussolini” and to end the “minority rule” that has allowed him and his party to assume power against the will and in disregard for the best interests of the majority of Americans. For the sake of our nation’s future and that of our world, we can’t afford to blow it!

PWS

02-16-19

COLBY KING @ WASHPOST: The “Original Dreamers” Were Disenfranchised African Americans! — “That fight must continue on behalf of today’s dreamers, the disenfranchised, the demeaned and left out, and all freedom-loving people in this nation.“

https://www.washingtonpost.com/opinions/the-black-men-of-the-civil-war-were-americas-original-dreamers/2019/02/15/8c00088e-30a8-11e9-813a-0ab2f17e305b_story.html

Colby King writes in WashPost:

Today, a wall looms large in my thoughts. It isn’t the structure President Trump has in mind for our southern border. I’m thinking of the Wall of Honor at the African American Civil War Memorial, located at Vermont Avenue and U Street NW.

Listed on the wall are the names of 209,145 U.S. Colored Troops who fought during the Civil War. One of those names is that of Isaiah King, my great-grandfather.

I think of those courageous black men as America’s original “dreamers.”

Today’s dreamers are in their teens and 20s, having arrived in this country as children. King’s generation of dreamers were former slaves or descendants of slaves brought to these shores against their will.

However, the black men who fought in the Civil War had the same status as today’s dreamers: noncitizens without a discernable path to citizenship.

My great-grandfather was born in the slave-holding city of Washington in 1848, but his mother was a freed woman. She moved the family to New Bedford, Mass., when he was 4. Around the time of his 17th birthday, Isaiah King enlistedin the 5th Massachusetts Cavalry (Colored), thinking, “I would have it easier riding than walking,” he told the New Bedford Evening Standard in an interview on the eve of Memorial Day services in 1932.

Black men such as my great-grandfather signed on to fight for a Union in which the right to citizenship was reserved for white people. The Supreme Court ruled in Dred Scott v. Sandford, in 1857, that black people were not citizens of the United States. Putting it bluntly, the high court said black people were “so far inferior that they had no rights which the white man was bound to respect.”

In his book “The Fifth Massachusetts Colored Cavalry in the Civil War,” Steven M. LaBarre cited the first disparity: It was enshrined in the Second Confiscation and Militia Act of July 17, 1862, which authorized recruitment of black men into the Union army. The law stated that a “person of African descent [of any rank] . . . shall receive ten dollars per month . . . three dollars of which monthly pay may be in clothing.” White privates at the time received $13 per month plus a $3.50 clothing allowance. It wasn’t until July 15, 1864, that Congress granted equal pay to black soldiers.

Yet, serve they did.

As evidence of the regard in which they were held, LaBarre quoted Massachusetts Gov. John Albion Andrew’s commendation of the 5th Massachusetts Cavalry when it was launched: “In this hour of hope for our common country and for themselves; at a time when they hold the destiny of their race in their own grasp; and when its certain emancipation from prejudice, as well as slavery, is in the hands of those now invited to unite in the final blow which will annihilate the rebel power, let no brave and strong man hesitate. One cannot exaggerate the call sounding in the ears of all men, in whose veins flows the blood of Africa, and whose color has been the badge of slavery. It offers the opportunity of years, crowded into an hour.”

According to National Archives, by the end of the Civil War, roughly 179,000 black men were serving as soldiers — 10 percent of the Union army — and 19,000 served in the Union navy. Nearly 40,000 black soldiers died over the course of the war — 30,000 of infection or disease. By war’s end, 16 black soldiers had been awarded the Medal of Honor .

King came back to the capital in May 1864 as a private with the 5th Massachusetts Cavalry to defend the city against attack by Confederate troops. His unit participated in the Siege of Petersburg. They guarded Confederate prisoners at Point Lookout, Md. And his unit was among the first Union regiments to enter Richmond, capital of the dying Confederacy, on April 3, 1865.

The Civil War ended, but not his service. Three months later, the 5th Massachusetts Cavalry was sent to Texas to defend against threats from Mexico. (Sound familiar?) He was mustered out of service on Oct. 31, 1865, at Clarksville, Tex. — still not a citizen of the United States.

The men with names on the African American Civil War Memorial’s Wall of Honor fought and died to end two centuries of slavery, without being able to count democracy as their own.

For their descendants, the fight for full rights, for full participation in every part of our democracy, goes on.

That fight must continue on behalf of today’s dreamers, the disenfranchised, the demeaned and left out, and all freedom-loving people in this nation.

Read more from Colbert King’s archive.

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Thanks, Colby, for putting the current plight of “Dreamers” (and I might add refugees and other migrants who are serving, contributing, and building our society despite their disenfranchisement and the government-sponsored dehumanization being inflicted upon them) in the historical context of the fight for civil rights and human dignity in America.

That’s why the “21st Century Jim Crows” like Trump, Sessions, Stephen Miller, Sen. Tom Cotton, Rep. Steve King, and others (largely associated with the GOP) are so pernicious. Like the “Jim Crows of the past,” these guys use degrading racial stereotypes, intentionally false narratives, and bogus “rule of law” arguments to generate hate and bias, sow division, and use the law to suppress and violate rights rather than advancing them.

While sycophant DHS Sec. Kirstjen Nielsen does not appear to be an “ideological racist,” her mindless and disingenuous parroting of the Trump White Nationalist “party lies” and “enforcement” (read “de-humanization”) agenda certainly makes her a “functional racist.”

It’s quite outrageous and dangerous that individuals with these types of views have been elevated to powerful public offices in the modern era, after the death of Rev. Martin Luther King, Jr. When will we ever learn, when will we ever learn?

PWS

02-16-19

GREG SARGENT @ WASHPOST: “Good Guys” Apparently Gaining Legislative Traction Against The Trump-Miller White Nationalist Cabal!

https://www.washingtonpost.com/opinions/2019/02/12/with-new-border-deal-republicans-are-trying-negotiate-trumps-surrender/

Sargent writes:

At President Trump’s big rally in El Paso on Monday night, you could see signs everywhere that proclaimed: Finish the wall.

Thats some amusingly dishonest sleight of hand — it’s meant to create the impression that the wall is already being built, which is a lie Trump tells regularly. Thus, it substitutes an imaginary Trump win for a real one, since apparently support for Trump among his voters on such an important symbolic matter is too delicate to withstand the unbearable prospect of him losing without withering or shattering.

Now that negotiators have reached an agreement in principle for six months of spendingon the border, however, its once again clear that Trumps win on the wall will remain firmly in the category of the imaginary.

It includes only $1.375 billion for new bollard fencing in targeted areas. Thats nothing like Trumps wall — it’slimitedto the kind of fencing that has already been built for years— and its substantially short of the $5.7 billion Trump wants. Its nothing remotely close to the wall that haunts the imagination of the president and his rally crowds. The $1.375 billion is slightly lessthan what Democrats had previously offered him. It cant even be credibly sold as a down paymenton the wall.

 Trump’s political and media allies are already in a rageover this point. And Trump may not accept the deal, or perhaps hell agree to it and try to find the wall money through executive action.

The compromise, to be clear, is a mixed bag for progressives. But on balance, based on what we are learning now, its plainly more of a victory than not.

 The deal will include substantialhumanitarian spending

A House Democratic aide tells me that negotiators also agreed that the deal would include “substantial” expenditures to address the humanitarian plight of migrants arriving at the border.

Such money would go toward medical care, more efficient transportation, food and other consumables,” to “upgrade conditions and services for migrants,as the original Democratic proposalat the start of conference committee talks put it.Democrats had called for $500 millionfor this purpose. It’s not yet clear how much the final deal will include, as negotiations are ongoing, but it is likely to be in the hundreds of millions.

The details on this spending will matter greatly. But if structured well, it could be significant. The goal would be to upgrade current facilities where migrants are held before entering the system, which were not designed to cope with a new type of immigration: the arrival of asylum-seeking families and children, which has spikedeven as adults looking to sneak across illegally — the type Trump mostly rages about — is at historic lows.

Such an upgrade could address some terrible things weve seen: migrant families herded into tight conditions, and migrant children stacked up on concrete floorsand at medical riskdue to a lack of transportation out of remote areas, or proper screening and treatment.

Here’s the bad news

Unfortunately, Democrats backed down on a core demand: a cap on Immigration and Customs Enforcement detention beds. Democrats hoped this would force ICE to focusresources on dangerous undocumented immigrants, thus picking up fewer longtime noncriminal residents.

But Democrats instead agreed to fund 45,000 detention beds. To understand this, note that ICE is currently overspending against last years budget, by funding around 49,000 beds. So relative to that, Democrats are cutting the number of beds. But as Heidi Altman notes, what Democrats agreed to is higher than the actual number of beds legitimatelyfunded last year. So thats a hike. And if there is no hard statutory cap on beds, ICE can find money elsewhere to fund extra beds, detaining more people than funding levels suggest. As one advocate told me, the deal contains no new controls on ICE overspending.

 Thats a very serious problem. But overall, if the humanitarian money turns out to be real, the emerging agreement could prove to be a far-from-perfect but nonetheless decent one.

Some of Trumps worst designs are getting frustrated

The larger context here is that Trump and top adviser Stephen Miller have pushed on many fronts to make our immigration system as cruel as possible. Theyd hoped to use the first government shutdown to force Democrats to agree to changes in the law that would make it harder for migrant children to apply for asylum, and easier to deport migrant children and to detain migrant families indefinitely.

The overriding goal behind such changes is to reduce the numbers of immigrants in the United States — not just through deportations, but also through deterring people from trying to migrate and/or apply for asylum. That was the goal of Trumps family separations, and after those were halted last year, he renewed the push for those other changes.

 Trump’s first surrender three weeks ago temporarily conceded that he would not be able to make those things happen. Now the new compromise suggests Republicans want him to agree to reopen the government for far longer, without getting those legal changes orthe wall.

We have yet to see the details in writing, but based on news reports, Id say this deal is a huge loss for Donald Trump and Stephen Miller,Frank Sharry, the executive director of the pro-immigrant Americas Voice, told me.

This deal has no money for his concrete wall and less money for barriers than was on offer last December,Sharry added. Trump tried to use a shutdown to force through radical policy changes, and at this point, Republicans are saying, ‘Let’s keep the government open and move on.’”

Sharry conceded that the failure to get detention bed caps is a real setback.But he also noted that in six months, Democrats can renew the battle for caps, now that a lot of lawmakers understand that ICE is detaining many more people than Congress funds. We live to fight another day.

Trump and Republicans suffered an electoral wipeout in an election that Trump turned into a referendum on his xenophobic nativist nationalism. He then used a shutdown to try to force the new Democratic House to accept both his wall and radical legal changes that would have made our immigration system far more inhumane. He isnt getting his wall or those changes, and it looks as though a lot of humanitarian money will be channeled to the border to address the actual crisis there.

 

In other words, the fake crisis that Trump invented — and with it, his broader immigration vision — is getting repudiated. The only question is whether Trump will agree to the surrender Republicans are trying to negotiate for him.

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

Update:I’ve rewritten the section on detention beds to make it more accurate.

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Bad news for Trump on immigration is great news for America!

And, don’t forget how Trump’s devotion to himself, first, foremost, and always, as opposed to our country or even his White Nationalist restrictionist supporters played out at the DOJ. Trump’s concern for his own skin caused him to unceremoniously dump loyal White Nationalist acolyte former AG Jeff “Gonzo Apocalypto” Sessions, the “role model” for Stephen Miller.

In fewer than two years on the job, Sessions managed to push for the White Nationalist restrictionist immigration agenda in every possible way. In a sea of ethically questionable behavior during his tenure at the DOJ, the “original sin,” in Trump’s eyes, was Sessions’s following DOJ ethical advice to recuse himself from the Mueller investigation. Ethics is a dirty word in the Trump world.

 A “shout out” to my friend Heidi Altman over at the Heartland Alliance who apparently helped thwart a DHS sleight of hand on detention statistics.

 PWS

 02-13-19