Summaries Of 9th Cir. Travel Ban OA & Judicial Bios From WSJ

https://www.wsj.com/articles/donald-trumps-immigration-action-in-courts-hands-1486491207

DEVLIN BARRETT, BRENT KENDALL and ARUNA VISWANATHA report in today’s WSJ:

“An appeals court pressed a Justice Department lawyer Tuesday on whether President Donald Trump’s executive order on immigration is discriminatory, while also pushing an attorney for the two states fighting the order to explain how it could be unconstitutional to bar entry of people from terror-prone countries, the Justice Department lawyer arguing on behalf of the administration, urged the appeals court to remove a lower-court injunction on the order, arguing that the court shouldn’t second-guess the president’s judgment when it came to a question of national security.

The executive order, Mr. Flentje told a three-judge panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals, struck a balance between security concerns and the practice of allowing people to enter the country.

“The president struck that balance, and the district court’s order has upset that balance,” he said. “This is a traditional national security judgment that is assigned to the political branches and the president and the court’s order immediately altered that.’’

The oral arguments on whether to reinstate some, all, or none of President Donald Trump’s executive order on immigration represented a crucial test in the fast-moving legal battle over White House efforts to restrict entry into the U.S. The Jan. 27 order suspended U.S. entry for visitors from seven predominantly Muslim countries for at least 90 days, froze the entire U.S. refugee program for four months and indefinitely banned refugees from Syria. The administration argues the action was needed to keep terrorists from domestic soil.

The president weighed in on Twitter on Wednesday morning: “If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!”

The legal clash, which is also playing out in other courts around the country, represents a remarkable test of the powers of a new president determined to act quickly and aggressively to follow up on his campaign promises. Mr. Trump, who promised repeatedly on the campaign trail to tighten what he called lax immigration policies, issued his executive order a week after taking office, generating widespread protests as well as plaudits and setting off an immediate debate over the extent of executive branch authority.”

. . . .

The court isn’t making a final determination on the legality of Mr. Trump’s order for now. Instead, it must decide what immigration rules will be in effect during the coming months while court proceedings on the substance of the president’s restrictions continue.”

Read the WSJ’s bios of the three U.S. Court of Appeals Judges on the panel: Judge William C. Canby Jr., Judge Richard Clifton, Judge Michelle Friedland:

https://www.wsj.com/articles/three-federal-judges-will-decide-on-donald-trump-travel-ban-1486488393

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

This one still seems “too close to call.”  There are substantial arguments on both sides. Courts generally do not like to interfere with the authority of the President in the fields of immigration, national security and foreign policy. On the other hand, appellate courts are usually very reluctant to interfere with trial court proceedings at the very preliminary TRO stage. While this might eventually end up in the Supreme Court, as most commentators assume, I’m skeptical it will go there any time soon, given the Supreme’s current short-handed configuration.

PWS

02/08/17

WashPost Editorial: Refugees Belong In America — Anti-Refugee Scare Tactics, Not So Much!

https://www.washingtonpost.com/opinions/refugees-are-part-of-americas-fabric-and-its-promise/2017/02/06/c10179ba-ea59-11e6-80c2-30e57e57e05d_story.html

“AS THE Trump administration fought in court to revive its temporary ban on entry by refugees as well as travelers from seven majority-Muslim countries, the president persisted in perversely suggesting that the judicial branch will be responsible for any terrorist attack carried out by what he portrayed as the violent hordes clamoring to enter the country.

By conflating a dangerous fiction about immigrants with blatant disrespect for an equal branch of government, President Trump fans the xenophobic flames he did so much to ignite during the presidential campaign. “Just cannot believe a judge would put our country in such peril,” he tweeted over the weekend, after a ruling by U.S. District Judge James L. Robart in Seattle, who was nominated to the court by President George W. Bush. “If something happens blame him and court system. People pouring in. Bad!”

. . . .

Even if the courts uphold its actions, it is critical that the administration not use the inevitable imperfections of any vetting process as a pretext to ban refugees for more than the 120-day period covered by the Jan. 27 order. Already, Mr. Trump has slashed the current fiscal-year target for refu­gee admissions to 50,000, from 110,000.

That’s a trickle when measured against the United States’ traditional role as a beacon to those fleeing violence and tyranny, and against global demand. The United Nations counts some 16 million refugees (excluding Palestinians); more than half are children . By far the largest number, nearly 5 million , are Syrians, who are barred indefinitely under Mr. Trump’s order.

“These are not Jeffersonian democrats,” sneered Mr. Bannon, referring to Muslim immigrants who entered Europe. In 2015, he asked, “Why even let ’em in?”

Similar remarks were made a century ago about immigrants from Ireland, Italy, Germany and Eastern Europe, then widely seen as unschooled, unwashed and, often, violent. No one would ask now, “Why did we even let ’em in?”

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

“Not Jeffersonian democrats,” Mr. Bannon? Says who? How would you know? Where have you dealt face to face with refugees?

In my “last previous incarnation,” I dealt with refugees from a wide variety of countries on a daily basis. Most of them were folks just like you or me. The just wanted a chance to live (rather than die, be imprisoned, beaten, or otherwise tortured), work, raise their families in safety and security, and contribute to our nation. Pretty much what all of us want, in my experience.

They also had a very keen appreciation of and deep respect for what American democracy and free political and intellectual participation meant — a much clearer understanding than I have ever heard from President Trump or Steve Bannon. Someone who has been imprisoned in squalid conditions, burned with cigarette butts, beaten on the bottoms of the feet, made to walk on their knees over hot sand, or seen family members abused has a much more practical, down to earth understanding of the privilege of living in the United States than most of us who had the good fortune  (not merit, but pure good fortune) to be born here.

I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in the Trump/Bannon world).

PWS

02/07/17

Here’s How Torture “Works” — Does President Trump Really Want The U.S. To Follow The Lead Of The World’s Most Brutal Dictators?

https://www.washingtonpost.com/world/syria-has-secretly-executed-thousands-of-political-prisoners-rights-group/2017/02/06/e4a7f56a-ecc5-11e6-a100-fdaaf400369a_story.html

The Washington Post reports:

“The majority of those executed at Sednaya were political prisoners, including many of the ordinary people who joined in the peaceful protests against Assad, the report says. Some were rebels who took up arms, and others were officers and soldiers who defected from government forces. But for the most part they were “doctors, engineers, protesters,” one former prison official is quoted as saying. “They were somehow understood to be linked to the revolution. Sednaya is the place to finish the revolutionaries. It’s the end for them.”

The report describes in chilling detail how the prisoners were taken out of their cells in batches, of up to 50 at a time, twice a week and in the middle of the night, typically on Mondays and Wednesdays.
They were given only cursory trials lasting one to three minutes at one of two military field courts that offered no semblance of judicial process, with sentences typically handed down on the basis of confessions extracted under torture. When the time came for their executions, the prisoners were handcuffed, blindfolded and led to a basement cell containing 10 stands and 10 nooses.

A former judge from the military court described the executions, saying it would often take up to 10 to 15 minutes for the prisoners to die. “Some didn’t die because they are light. For the young ones, their weight wouldn’t kill them. The officers’ assistants would pull them down and break their necks. Two officers’ assistants were in charge of this.”

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

Also submerged in  the discussion of whether torture “works” — torture is illegal under both U.S. and international law. So much for the “rule of law.”

PWS

02/07/17

American Bar Association Adopts Resolution Opposing President Trump’s Executive Order On Visas & Refugees!

https://us.vocuspr.com/Publish/515903/vcsPRAsset_515903_132952_3a1e221c-3f7f-4046-8513-36015233ac7e_0.jpg
American Bar Association
Communications and Media Relations Division
www.americanbar.org/news

Release: Immediate

Contact: Karen DeWitt
Phone: 202-662-1502
Email: Karen.DeWitt@americanbar.org
Online: http://www.americanbar.org/news/abanews/aba-news-archives/2017/02/aba_urges_president.html

ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries

MIAMI, Feb. 6, 2017 — The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven Muslim-majority countries, suspends all refugee admission for 120 days and indefinitely suspends the entry of Syrian refugees.

By voice vote, the ABA House of Delegates, the association’s policy-making body, adopted resolution 10C calling on the executive branch to ensure full, prompt, and uniform compliance with court orders addressing the executive order.

The House––made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations––also urged the administration to take care that all executive orders regarding border security, immigration enforcement and terrorism:

respect the bounds of the U.S. Constitution and due process rights;

not use religion or nationality as a basis for barring an otherwise eligible individual from admission to the United States;

adhere to the U.S.’s international law obligations relating to the status of refugees and to the principle of non-refoulement; and

facilitate a transparent, accessible, fair and efficient system of administering the immigration laws and policies of the United States and ensure protection for refugees, asylum seekers, torture victims and others deserving of humanitarian refuge;

In Resolution 10B, the House also reaffirmed the ABA’s support of legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. It urged Congress to adopt additional legislation to appropriate funds for refugee applications and processing, and mandate that refugees receive an appropriate individualized assessment in a timely fashion that excludes national origin and religion as the basis for making such determination.

The association’s policy-making body discussion took place at the James L. Knight Center of the Hyatt Regency Miami. The session concluded the 2017 ABA Midyear Meeting, which began Feb. 1.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

If you would rather not receive future communications from American Bar Association, let us know by clicking here.
American Bar Association, 321 N Clark St, Chicago, IL 60654-7598 United States

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

Thanks to my good friend Dan Kowalski over at Lexis Nexis for forwarding this to me.

PWS

02/07/17

BREAKING: WashPost: 9th Circuit Schedules Oral Argument On Trump Administration’s Stay Request For Tomorrow (Tuesday, Feb. 7) AT 6 PM (EST)!

https://www.washingtonpost.com/world/national-security/opposition-to-trump-travel-ban-grows-as-key-court-decision-looms/2017/02/06/d766ec7c-ec74-11e6-9662-6eedf1627882_story.html?hpid=hp_rhp-top-table-main_trumpban-1120am:homepage/story&utm_term=.c219ca3156ae

The Washington Post reports tonight:

“A federal appeals court will hear arguments Tuesday at 6 p.m. Eastern on whether to restore President Trump’s controversial immigration order, which a lower court judge has temporarily put on hold.

The scheduling of the hearing came as Justice Department lawyers on Monday made what is likely their final pitch to a federal appeals court to immediately restore President Trump’s controversial immigration order, while tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.

“The Executive Order is a lawful exercise of the President’s authority over the entry of aliens into the United States and the admission of refugees,” Justice Department lawyers wrote.”

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

According to NBC 4 News tonight, the DOJ also has a “Plan B” up its sleeve to present to the Ninth Circuit:  limit the scope of Judge Robart’s TRO to those already in the U.S.

As I emphasized to my students at Georgetown Law, when dealing with asylum and immigration issues, “It’s always wise to have Plan B.”

For those who want to tune in to the oral argument tomorrow, it’s streaming live on the 9th Circuit’s website:  https://www.ca9.uscourts.gov/

 

PWS

02/06/17

 

 

WashPost Politics: Chris Cillizza & Sally Quinn Put Trump Into NBA Context — It’s Chris Paul Guarding Steph Curry!

https://www.washingtonpost.com/politics/what-chris-paul-and-steph-curry-can-teach-us-about-president-trump/2017/02/05/0c9c161a-ebb2-11e6-b7e8-df81bd6c4c30_story.html?utm_term=.b3a333c3e4fb

Chris Cillizza writes in “The Monday Fix:”

“The best unified theory of Trump I’ve come across is by Sally Jenkins, the legendary Washington Post sports reporter and columnist. Here’s Sally’s explanation of Trump from a tweet last week “An old sports strategy: foul so much in the 1st 5 min of the game that the refs can’t call them all. From then on, a more physical game.”

If you think about the first 14 (or so) days of the Trump presidency through that lens, it starts to make a lot of sense.”

. . . .

But if Jenkins is right — and I suspect she is — then that outrage, those protests, those skittish Republicans will all dissipate, or diminish, as Trump’s presidency goes on. What feels like line-pushing now will seem normal sometime soon. By pushing so hard so fast, Trump is redefining what he can do and how the political establishment, and the country at large, will react.”

 

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

Foul early, foul often, upset your opponent, challenge the refs, and stretch the rules to the max. We’ll see whether it works as well in politics as it does on the court.

PWS

02/06/17

Washington Post: A Syrian Refugee Family In “Trump Country” Finds Welcome, Kindness, Acceptance In The Heartland — Changing Views & Opinions One Human Being At A Time!

https://www.washingtonpost.com/politics/in-nebraska-syrian-refugees-find-a-warm-and-welcoming-community/2017/02/05/5615c82a-eb9b-11e6-9973-c5efb7ccfb0d_story.html?utm_term=.5ee1be67db1f

Robert Samuels writes:

“Here in deeply conservative Nebraska, President Trump’s executive order banning refugees and people from seven majority-Muslim nations elicited complicated feelings about the state’s relationship with refugees. Many Nebraskans had supported attempts to keep the country safe but still wanted to show their heart for people fleeing terrorism and war. Their state has taken in more refugees per capita than any other.

During the presidential campaign, Sen. Ben Sasse (R-Neb.) became a prime critic of Trump in large part because of his plan to ban Muslims from entering the United States. When Trump signed the executive order, Sasse criticized it as “too broad.” On Sunday, Sasse criticized Trump again, this time for tweeting about the “so-called judge” who halted the order late Friday.

Gov. Pete Ricketts, a Republican who has supported a ban on Syrians from the moment Trump first pitched it, has also talked about welcoming refugees already here as a source of statewide pride.

. . . .

“I worry this ban will change how I feel inside, that it will cause me to worry more for me and my kids. We did not come here to cause trouble. We just want to live.”

. . . .

The Syrian city of Aleppo had been so dangerous that she delivered her twins in her own home, too afraid to go to the hospital. Two months later, she wrapped them tight and carried them on her shoulders as she walked through the desert at night to reach a Jordanian refugee camp. There were no bombs there, but there were no teachers for her children, either. Now her kids learn the alphabet at school, and she had an English teacher herself.

For so long she had been running away. Now, she was stepping out.”

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

This matches up with my own experience when I attended the Badger v. Nebraska game at Camp Randall Stadium last October.  I really enjoyed meeting and getting to know some of the Nebraska fans.

They were great.  Since both schools’ colors are red and white, it was pretty hard to tell them from Badger fans except that their group seemed a little older, somewhat less inebriated, and considerably less rowdy than the Wisconsin contingent.

I was struck by the fact that although the Huskers had just lost an overtime thriller to the Badgers 23-17 on a play that probably could have been called either way, nobody was griping about the call, blaming the referees, or taking anything away from the Badgers. And, for our part, the Badger fans acknowledged that Nebraska had played a great game that could easily have come out the other way. The overall message from “Husker Nation” was that they had fun in Madison, appreciated the hospitality, looked forward to returning, and wished the Badgers well for the rest of the season as I did the Huskers.

PWS

02/06/17

GW Hatchett: Professor Alberto Benitez’s GW Immigration Law Clinic Serves The Community While Teaching “Real Life” Legal Skills!

https://www.gwhatchet.com/2017/02/05/law-school-immigration-clinic-readies-for-trump-impact/

“As international students across the country grappled this week with the fallout from President Donald Trump’s immigration executive order, a group of law students were bracing to defend undocumented immigrants.

Student-attorneys from GW Law School’s Immigration Clinic arranged to hold information sessions for international students and collect donations to educate the public about what they called a misunderstood immigration system and the potential impact of Trump’s executive order.

The order blocked all refugee resettlement for four months and banned entry into the United States for citizens from seven Muslim-majority countries for 90 days. On Friday, a federal judge temporarily halted the order, reopening the country’s borders to previously blocked travelers and refugees.

While attorneys said no more students than usual have called for legal representation, they were barraged with emails from concerned international students.

The clinic co-hosted a “Know Your Rights” presentation Thursday with the Muslim Law Students Association to offer advice for non-resident students who were concerned about their immigration status.

“We’re trying to be more proactive. I think everybody right now wants to be more proactive and wants to know what can we do,” clinic attorney and law school student Fanny Wong said.

The clinic provides free legal representation for clients who face deportation or are seeking asylum or U.S. citizenship, student-attorneys said. On Tuesdays and Wednesdays, law school students wait by the phone fielding calls from immigrants who need help. Each of the nine law students takes in an average three clients at a time. The length of each case varies, some drag though the legal system for years requiring multiple students to take up the case.

Attorneys said the clinic currently didn’t have any clients from the seven affected countries, but Wong said she had a client from Sudan who became a naturalized citizen in October after a nearly nine-year-long process.

“Can you imagine the situation that she would have been had this been two months ago?” she said. “She’s relieved as well, but she’s also scared for her family and friends.”

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

There will be no shortage of need for well-trained immigration and Constitutional lawyers on all sides of these issues. And, there also will be a continuing need for fair, thoughtful, scholarly judges who can find the way through the legal labyrinth of immigration and nationality law at the intersection with Constitutional protections and authorities.

PWS

02/06/15

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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

If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

Refugees Already Are Given “Extreme Vetting!”

https://www.washingtonpost.com/posteverything/wp/2017/02/01/refugees-are-already-vigorously-vetted-i-know-because-i-vetted-them/?utm_term=.56efba544468

Former U.S. Immigration Officer and refugee processor Natasha Hall writes in the Washington Post:

“This is what President Trump’s recent executive order has done. The order bans entry for citizens of seven countries for 90 days, suspends all refugee admissions for 120 days, halves the total number of refugees allowed into the United States this year and bars refugees from Syria indefinitely. It demands “a uniform screening standard and procedure,” “questions aimed at identifying fraudulent answers and malicious intent,” “a mechanism to ensure that the applicant is who the applicant claims to be” and “a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts.”

Whoever wrote this order is evidently not aware that these screenings, procedures and questions already exist.

During nearly four years as an immigration officer, I conducted in-person interviews with hundreds of refugees of 20 different nationalities in 10 countries. I saw countless refugees break down crying in my interview room because of the length and severity of the vetting process. From that experience and numerous security briefings, it’s clear that the authors of Trump’s order are unfamiliar with the U.S. immigration system, U.S. laws, international law and the security threats facing our nation. I can’t speak for all refugee and asylum officers, but I can say that those who have been working in immigration for years from opposite ends of the political spectrum are appalled by these new policies.”

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

The current ruckus over “vetting” has led to many folks failing to appreciate the outstanding job that the much-maligned DHS, the State Department, The FBI, our NGO partners, U.S. Intelligence Agencies, and the Obama Administration, working together, did in keeping our country safe from foreign terrorist attacks.

PWS

02/05/17

BREAKING: 9TH CIR. Denies Gov’s Request For Immediate Stay Of Judge Robart’s Order, But Orders Expedited Briefing!

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED

FEB 04 2017

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STATE OF WASHINGTON; STATE OF MINNESOTA,

Plaintiffs-Appellees,

v.

DONALD J. TRUMP, President of the United States; et al.,

Defendants-Appellants.

No. 17-35105

D.C. No. 2:17-cv-00141 Western District of Washington, Seattle

ORDER

Before: CANBY and FRIEDLAND, Circuit Judges.
The court has received appellants’ emergency motion (Docket Entry

No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.

Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

MOATT

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

Here’s what it means. The Government has appealed o the 9th Circuit Court of Appeals from Judge Robart’s TRO suspending enforcement of the Executive Order on visas and refugees. The Government requested an “immediate emergency stay” of the Judge’s TRO pending appeal. The 9th Circuit rejected the Government’s request for an “immediate” emergency stay (probably because it would have been “ex parte,” that is, without giving the other side a chance to respond).

However the 9th Circuit did order the State of Washington (and other parties opposing the stay) to file a response by noon today (Super Bowl Sunday), and also ordered the Government to respond to that filing by 3:00 PM tomorrow (Monday).

The 9th Circuit’s denial of the “immediate” emergency stay is not a “ruling on the merits” of the appeal or even the request for emergency stay. It just means that the 9th Circuit wanted additional information from both parties before deciding whether or not to grant the emergency stay pending appeal.

The Government’s request for emergency stay thus remains “alive” and could be granted (or denied) after the 9th Circuit has had a chance to review the legal arguments on both sides.

The reporting on this so far has been pretty confusing. Hope this helps straighten things out.

PWS

02/05/17

 

Watch/Listen To NBC-4’s Northern Virginia Bureau Chief Julie Carey Reporting On Judge Brinkema’s Order!

http://www.nbcwashington.com/news/local/Virginia-Joins-Lawsuit-Against-Immigration-Order_Washington-DC-412739303.html

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

PWS

02/04/17

BREAKING: It Ain’t Over Till It’s Over: U.S. District Judge James L. Robart (W.D. WA) Issues Nationwide TRO Blocking Key Parts Of Trump’s EO On Visas & Refugees: State Of Washington v. Trump — Gov Will Appeal!

http://i2.cdn.turner.com/cnn/2017/images/02/03/state.of.washington.v.trump.pdf

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

This is the issue that never sleeps.  A copy of Judge Robart’s Order is at the link.  Judge Robart is a George W. Bush appointee.

Here’s more on the TRO and the USG’s reaction from CNN:

http://www.cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/index.html

Haste makes waste.

PWS

02/04/17

 

 

Newsweek: Bannon Wants “American Gulag” — Will Anyone Have The Guts To Stop Him?

http://www.newsweek.com/steve-bannon-fever-dream-american-gulag-551472

Jeff Stein writes in this week’s Newsweek:

“Imagine: Miles upon miles of new concrete jails stretching across the scrub-brush horizons of Texas, New Mexico, Arizona and California, with millions of people incarcerated in orange jumpsuits and awaiting deportation.

Such is the fevered vision of a little-noticed segment of President Donald Trump’s sulfurous executive order on border security and immigration enforcement security. Section 5 of the January 25 order calls for the “immediate” construction of detention facilities and allocation of personnel and legal resources “to detain aliens at or near the land border with Mexico” and process them for deportation. But another, much overlooked, order signed the same day spells out, in ominous terms, who will go.

Trump promised a week after the November elections that he would expel or imprison some 2 million or 3 million undocumented immigrants with criminal convictions—a number that exists mainly in his imagination. (Only about 820,000 undocumented immigrants currently have a criminal record, according to the Migration Policy Institute, a nonpartisan think tank. Many of those have traffic infractions and other misdemeanors.)

Still, the spectre of new, pop-up jails housing hundreds of thousands of people is as powerful a fright-dream for liberals as it is a triumph for the president’s “America first” Svengali, Steve Bannon. But, like the fuzzy Trump order dropping the gate on travelers from seven Muslim-majority states, the deportation measure presents so many fiscal and legal restraints that is also looks suspiciously like just another act of ideological showboating from the rumpled White House strategy chief.

“I’m a Leninist,” Bannon proudly proclaimed to the writer Ronald Radosh at a party at his Capitol Hill townhouse in November 2013. “Lenin,” he said of the Russian revolutionary, “wanted to destroy the state, and that’s my goal too. I want to bring everything crashing down, and destroy all of today’s establishment.”

The executive orders were “not issued as result of any recommendation or threat assessment made by DHS to the White House,” Department of Homeland Security officials conceded in a closed-door briefing on Capitol Hill Wednesday, according to a statement from Missouri Senator Claire McCaskill. They were all Bannon-style revolutionary theater.

. . . .

Expect DHS to start advertising for bids from private prison operators, a much-maligned industry that was collapsing in the latter years of the Obama administration. Two of the largest, GEO Group Inc. and CoreCivic Inc., are already seeing windfalls from their second chance at life: Their stock prices have nearly doubled since the election.

All of which recalls another Leninist idea that Bannon may have forgotten: Prisons are universities for revolution.”

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

Stein’s article confirms what many of us had suspected all along — these draconian and unnecessary measures were were “’not issued as result of any recommendation or threat assessment made by DHS to the White House.’” No, they were part of a pre-hatched anti-immigrant, anti-Muslim program cooked up by Bannon and others in the White House to “make good” on Trump’s campaign promises (regardless of whether the measures were necessary of sensible).

But they will be a boon for two important U.S. industries: the private prison industry and the legal industry, as both sides “lawyer up” for a long-term, avoidable, and wasteful fight. Who needs foreign enemies when the Administration is so determined to wage warfare against a large number of our own citizens and residents who disagree with his ill-considered and ill-timed policies?

Stein’s full article (well worth the read) is at the link.

PWS

02/03/17

NYT: Administration Will Allow Iraqi Interpreters To Enter After All — Pentagon Comes To The Rescue Of U.S. War Allies

https://www.nytimes.com/2017/02/02/world/middleeast/trump-visa-ban-iraq-interpreters.html?smprod=nytcore-iphone&smid=nytcore-iphone-share&_r=0

“BAGHDAD — The Trump administration amended its visa ban on Thursday to allow emigration by the families of Iraqi interpreters who served the United States government and military forces deployed in their country.

The change, recommended by the Pentagon, eased some of the anger generated in Iraq by President Trump’s executive order imposing the ban, which has stoked anxiety and confusion around much of the world since it was issued last week.

The order temporarily blocked all Syrian refugees from entering the United States and suspended visas for applicants from seven Muslim-majority countries, including Iraq. It applied to holders of so-called Special Immigrant Visas issued to interpreters who worked for the United States during its 2003-11 occupation, often at great personal risk, and to their families.

In a statement about the change sent to The New York Times, a United States Embassy official in Baghdad said, “The U.S. government has determined that it is in the national interest to allow Iraqi Special Immigrant Visa (S.I.V.) holders to continue to travel to the United States.” Iraqis who have received the visas, the statement said, may use them, and the “U.S. Embassy in Baghdad will continue to process and issue S.I.V.s to applicants who are otherwise qualified.”

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

Wow! Why didn’t they just say that in the first place? Would have saved lots of trouble, heartache, and very bad publicity for the U.S. and the Administration. But, better late than never, I guess.

PWS

02/13/17