A MESSAGE FOR MIGRANT MOTHERS FROM THIS MORNING’S SERVICE AT BEVERLEY HILLS COMMUNITY UNITED METHODIST CHURCH, ALEXANDRIA, VIRGINIA!

And Jesus said, “Come!”

To all mothers and all children he said: “Come!”

To the motherless and the childless he said: “Come!”

To all who long to be mothered, he said: “Come!”

Come unto me, all ye who labor and are heavy laden

and I will give you rest.

Take my yoke upon you and learn from me,

for I am gentle and humble of heart

and you will find rest for your souls.

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

Compare this with the decidedly un-Christlike messages on immigrants, strangers, the poor, and those that differ that we get on a daily basis from our Government.

PWS

05-13-18

 

HERESY IN THE HOUSE?: DID RYAN AX CHAPLAIN FOLLOWING UNWELCOME REMINDER THAT “THE POOR ARE CHILDREN OF GOD?” – Is He Seeking WASP Male Evangelical Replacement Qualified To Minister To Needs Of House GOP Kleptocracy!👹👹👹

https://www.vanityfair.com/news/2018/04/paul-ryan-patrick-conroy?mbid=nl_th_5ae255955bf9e03bdb5e6fd3&CNDID=48297443&spMailingID=13395516&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1382357241&spReportId=MTM4MjM1NzI0MQS2

Bess Levin writes in Vanity Fair:

Levin Report

DID PAUL RYAN FIRE THE HOUSE CHAPLAIN FOR TAX-CUT BLASPHEMY?

It sure seems like something he’d do.
“I don’t care who you are, you bite your god damn tongue!”
By Alex Edelman/Getty Images.

The December 2017 passage of the “Tax Cuts and Jobs Act” was thrilling to a great many people, among them Donald Trump, corporate America, and the uber-rich, whom the legislation was structured to disproportionately benefit. But in truth, the day belonged to one man: CrossFit devoteeand Eddie Munster doppelgängerPaul Ryan, who had fantasized about redistributing wealth to those at the top since his boyhood days in Wisconsin, devoted his entire career to making it happen, and promptly announced his retirement when it became clear that his other lifelong dream—dismantling the social safety net and cutting off the lazy takers—wasn’t going to happen ’til at least 2021. So we imagine it must have really frosted Ryan’s cookies when, in the midst of many a late night and early morning on the Hill devoted to dragging this sucker across the finish line, Reverend Patrick Conroy, the House chaplain since 2011, had the stones to include these outrageous lines in one of his prayers:

“God of the universe, we give You thanks for giving us another day. Bless the Members of this assembly as they set upon the work of these hours, of these days. . . . As legislation on taxes continues to be debated this week and next, may all Members be mindful that the institutions and structures of our great Nation guarantee the opportunities that have allowed some to achieve great success, while others continue to struggle. May their efforts these days guarantee that there are not winners and losers under new tax laws, but benefits balanced and shared by all Americans.”

Ryan, one assumes, had never heard such sacrilegious words from a man of the cloth and was probably of a mind to drag Conroy out of the room by his collar and throw him out on the Capitol steps then and there. But because he is a disciplined lawmaker whose Holy Grail was so close he could taste it, he stayed focused and decided to deal with the blasphemy at a later time. And apparently that time came earlier this month, per The Hill:

House Chaplain Patrick Conroy’s sudden resignation has sparked a furor on Capitol Hill, with sources in both parties saying he was pushed out by Speaker Paul Ryan. Conroy’s own resignation announcement stated that it was done at Ryan’s request.

“As you have requested, I hereby offer my resignation as the 60th Chaplain of the United States House of Representatives,” the April 15 letter to Ryan, obtained by The Hill, states.

While one source claimed that “some of the more conservative evangelical Republicans didn’t like that the Father had invited a Muslim person to give the opening prayer,” others offered a more compelling reason: Ryan “took issue with a prayer on the House floor that could have been perceived as being critical of the G.O.P. tax cut bill.” According to a Democratic aide, Conroy’s ouster was “largely driven by [the] speech on the tax bill that the speaker didn’t like.” The New York Times notes that a week after his sermon, a staffer from Ryan’s office told Conroy “We are upset with this prayer; you are getting too political,” and that the next time he saw the Reverend in person, Ryan told him “Padre, you just got to stay out of politics.” AshLee Strong, a spokesperson for the speaker, declined to explain the personnel decision, noting only Minority Leader Nancy Pelosiand her office “were fully read in and did not object.”

Now, could Ryan have forced the guy to resign for completely legitimate reasons? Sure! But it also seems entirely plausible that this is exactly the sort of thing that would constitute a bridge too far in his book. Stand up for neo-Nazis? Water off a duck’s back. But suggest that a $1.5 trillion tax cut should help all Americans and not just the already-rich? That’s obviously a (potentially!) fireable offense right there. And don’t bother saying sorry after the fact to Ryan, Reverend. Say sorry to God. As a major corporate shareholder and beneficiary of the legislation, you’re in the doghouse with him, too.

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

Read the rest of the “Levin Report” at the link!

Obviously, it takes a very special type of pastor to provide spiritual counseling to a bunch of guys who have devoted their entire careers to taking from the underprivileged and giving to the over-privileged. It also takes a very special kind of theological scholarship, since almost all of Christian theology suggests that exactly the opposite is required and that greed, promoting inequality, and abusing the less fortunate are actually sins that could have serious repercussions in eternal life.

These dudes have to face the very real chance that they will pass into an another world where those whom they have dispossessed, mistreated, mocked, dumped on, and scorned in life will be the “honored ones” and the GOP lifetime grifters will be at their mercy. The day of reckoning for today’s GOP and their evangelical backers could get ugly — they almost have to hope that there is no God, or if there is, that She is not a “Just God” or they will have “Hell to Pay” so to speak! No wonder they are in need of serious spiritual help!

Ryan apparently had to act quickly to scotch the blasphemous rumors floating around the Hill: JESUS WASN’T  REALLY A RICH WASP.  HE WASN’T EVEN A CHRISTIAN, AND HE DIDN’T BELONG TO ANY CHURCH AT ALL. HE SUPPOSEDLY TURNED FISH INTO LOAVES OF BREAD AND DIDN’T EVEN DENY BREAD (let alone cake) TO THE LGBTQ GUYS IN THE CROWD!

Some misguided souls are even claiming that ”our very own” Jesus Christ actually was an indigent swarthy Palestinian disgruntled Jew who led a ragtag band of vagrants — some of whom had quit gainful employment and abandoned their families — around Palestine undermining legal authority, failing to respect THE LAW, and spreading seditious lies like “The meek shall inherit the earth,” “Blessed are the poor,” and “Fat Cats riding camels will never make it through the eye of a needle or pass through the gates of Heaven!” They were “takers” — non-self-supporting, non-contributors to the community, and lived on handouts and public charity!

Some apparently have the audacity to claim that Jesus spoke of a “spiritual kingdom” unrelated to material possessions and tax breaks where rich White Guys would be judged equally with everyone else. Shucks, what’s the purpose of being rich & White if it won’t even buy you preferential treatment? Heck, even a poor guy who wasn’t a lobbyist would have direct access to Mick Mulvaney under that scenario!

This obviously false Prophet reputedly was so poor that he couldn’t afford a lawyer for his trial, not even Rudy Guiliani. He tried to represent himself, and the result was pretty ugly.

False news, false news, false news! Gotta find a true minister who preaches the gospel according to Fox & Friends!

PWS

04-28-18

 

“HAPPY EASTER” — Trump Mocks Christian Values — Trump’s Easter Message Full Of Hate, Vitriol, Racism, Lies, & Ignorance — Now Targeting Dreamers!

https://www.washingtonpost.com/news/post-politics/wp/2018/04/01/deal-on-daca-no-more-trump-says/

Philip Rucker and David Weigel report for the Washington Post:

PALM BEACH, Fla. — President Trump spent his Easter morning here on an anti-immigrant tirade, declaring Sunday that there would be no deal to legalize the status of undocumented immigrants known as “dreamers” and threatening to exit the North American Free Trade Agreement unless Mexico increases border security.

Trump thrust the future of millions of undocumented immigrants who were brought to the United States as children into peril by promising “NO MORE DACA DEAL,” and he directed congressional Republicans to pass tough anti-immigration legislation.

An hour after he wished Americans a “HAPPY EASTER,” Trump fired off three tweets in which he vented, sometimes in all caps, about immigration laws he derided as “ridiculous” and “dumb” and about border enforcement he deemed dangerously lax.

In his first of the immigration-related tweets, Trump wrote, “Border Patrol Agents are not allowed to properly do their job at the Border because of ridiculous liberal (Democrat) laws like Catch & Release. Getting more dangerous. ‘Caravans’ coming. Republicans must go to Nuclear Option to pass tough laws NOW. NO MORE DACA DEAL!”

 It was Trump who last fall canceled the Deferred Action for Childhood Arrivals program, which was begun in the Obama administration to provide temporary protection to dreamers.

The president added, “Mexico has got to help us at the border. . . . They flow right through Mexico; they send them into the United States. It can’t happen that way anymore.”

President Trump’s position on DACA has taken several twists and turns over the years.

Trump in the past has promised to show “great heart” in dealing with DACA. In his comments Sunday, he appeared to be confused about the rules of the program. To qualify, immigrants must have lived in the United States since 2007, have arrived in the country before age 16 and have been younger than 31 on June 15, 2012. No one arriving in the country after that date is eligible.

After canceling DACA, Trump said he would like to reach a deal with Congress to protect dreamers from deportation in exchange for funding to build his long-promised wall at the U.S.-Mexico border. The president, however, went on to reject immigration proposals from congressional Democrats in recent months.

“Catch and release” is not a law, but shorthand for immigration officials freeing up detention center space by allowing immigrants to remain at large if they are not seen as security risks. The Trump administration has frequently claimed that the policy ended when the new president took office.

But detention centers have continued releasing low-risk immigrants, as the backlog of immigration court cases reaches the hundreds of thousands. On March 5, Attorney General Jeff Sessions informed immigration court judges that they could rule against asylum seekers without full hearings, which conservatives see as a way, in the long term, to open more space in detention centers.

Trump — who has spent his time in Palm Beach hanging out with family, playing golf with friends and watching television — may have tweeted in response to commentary on Fox News Channel, which he is known to view regularly.

“Fox & Friends” aired a segment earlier on Sunday morning about Central American migrants traveling through Mexico en route to the United States. It carried the headline: “CARAVAN OF ILLEGAL IMMIGRANTS HEADED TO U.S.”

Trump’s Sunday comments may have been mere musings by an impassioned “Fox & Friends” viewer and may not signal a substantive shift in administration policies. Still, White House officials have long said Trump’s tweets are official presidential statements, and he has been known to use Twitter to preview formal policy pronouncements.

Trump sent his tweets on the fourth and final day of his vacation in Palm Beach, Fla., where he has been staying at his private Mar-a-Lago Club with a small coterie of aides. White House Chief of Staff John F. Kelly did not travel with him, but senior policy adviser Stephen Miller, a proponent of hard-line immigration policies, has been with Trump.

The president also has been spotted spending time — both over dinner Friday at Mar-a-Lago and on Saturday at the nearby Trump International Golf Club — with Fox host Sean Hannity. An outspoken immigration hard-liner, Hannity is a Trump booster and informal presidential adviser, in addition to hosting a radio show and prime-time Fox show.

Trump’s tweets baffled some Democrats, who had seen the president distinguish between DACA recipients and other immigrants who are in the country illegally.

“Time and time again, the president has walked away from bipartisan proposals that are exactly what he asked for,” said Drew Hammill, a spokesman for House Speaker Nancy Pelosi (D-Calif.). “When an agreement to protect the Dreamers is reached, it will be despite this president rather than with his leadership.”

Rep. Don Beyer (D-Va.) said on Twitter that Trump had once again revealed a racial animus behind his immigration policy. “The mask of deceptions and lies with which Trump has tried to gaslight the country for months just fell away: ‘no more DACA deal.’ ” Beyer tweeted. “His true position was always anti-immigrant.”

Rep. Luis V. Gutiérrez (D-Ill.), a leading advocate for a DACA deal in the House, tweeted that Trump had “demonstrated his complete ignorance” on immigration policy.

“Everyone who qualifies for DACA must show they lived in US almost 11 years ago,” he wrote. “Apparently every day is April Fool’s Day at White House.”

Conservative reaction to the tweets was relatively muted, and no Republican member of Congress had a comment or statement Sunday afternoon. At Breitbart, the tweets were reported as Trump refusing to “negotiate a deal between the GOP establishment and Democrats,” in “a return to his ‘America First’ immigration agenda.”

On Facebook, the conservative author Ann Coulter, who had condemned Trump for not securing border wall funding so far this year, urged the president to show and not tell.

“Try to get a message to the commander in chief for that wall,” she wrote.

But some Republicans joined the chorus of criticism. Ohio Gov. John Kasich, a GOP primary opponent of Trump in 2016 and possibly again in 2020, tweeted in response: “A true leader preserves & offers hope, doesn’t take hope from innocent children who call America home. Remember, today is Easter Sunday. #DACA #Hope”

Rep. Ileana Ros-Lehtinen (R-Fla.), a supporter of immigration reform who represents Miami and is retiring this year, took a sarcastic approach: “Such a strong message of love and new beginnings from @realDonaldTrump on Easter Sunday.”

By calling for Republicans to use the “Nuclear Option” to pass tough immigration measures, Trump seemed to urge a parliamentary procedure by which Senate Republicans could pass legislation with a simple majority of 51 votes as opposed to the 60-vote majority required to end debate and bring a vote to the floor.

But in mid-February, just 36 of the Senate’s 51 Republicans backed an immigration bill that mirrored White House demands. Congressional negotiations on DACA stalled just weeks later, when the Supreme Court upheld a decision that prevented the Trump administration from denying new program renewals.

The court’s move effectively nixed a March 6 deadline that the administration had set for ending DACA. Before leaving for Easter recess, Congress passed an omnibus spending bill with no DACA fix, even though advocates saw that as the best must-pass vehicle for one.

Trump lashed out at Mexico in his second of the three tweets Sunday. He threatened to “stop” NAFTA unless Mexican authorities do more to secure the border with the United States.

Trump wrote: “Mexico is doing very little, if not NOTHING, at stopping people from flowing into Mexico through their Southern Border, and then into the U.S. They laugh at our dumb immigration laws. They must stop the big drug and people flows, or I will stop their cash cow, NAFTA. NEED WALL!”

And in the third tweet, the president wrote, “These big flows of people are all trying to take advantage of DACA. They want in on the act!”

Trump’s tweets come amid tense negotiations over NAFTA between his administration and that of Mexican President Enrique Peña Nieto. A call between the two men in February became testy after Trump refused to publicly affirm Peña Nieto’s position that Mexico will not pay for the wall’s construction, leading the Mexican leader to cancel a planned visit to Washington.

Weigel reported from Washington.

Philip Rucker is the White House bureau chief for The Washington Post. He previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. He joined The Post in 2005 as a local news reporter.

 

JUSTICE BREYER IS RIGHTFULLY CONCERNED ABOUT THE “DREDSCOTTIFICATION’” OF IMMIGRANTS AS SHOWN IN THE LEGALLY & MORALLY BANKRUPT VIEWS OF THE MAJORITY IN JENNINGS V. RODRIGUEZ!

https://slate.com/news-and-politics/2018/03/justice-alito-just-signaled-the-supreme-courts-conservatives-might-not-consider-immigrants-to-be-people.html

Mark Joseph Stern reports for Slate:

“Tuesday’s Supreme Court decision in Jennings v. Rodriguez was widely viewed as an anticlimax. The case involves a group of immigrants being held in custody without any hope of bail. They argue that their indefinite detention violates due process, but the majority declined to resolve the constitutional question, sending the case back down to the lower court. In a sense, the plaintiffs are back where they started.

Justice Stephen Breyer, however, saw something far more chilling in the majority’s opinion. Taking the rare and dramatic step of reading his dissent from the bench, Breyer cautioned that the court’s conservative majority may be willing to strip immigrants of personhood in a manner that harkens back to Dred Scott. The justice used his impassioned dissent to sound an alarm. We ignore him at our own peril.

Jennings involves three groups of noncitizen plaintiffs: asylum-seekers, immigrants who have committed crimes but finished serving their sentences, and immigrants who believe they’re entitled to enter the country for reasons unrelated to persecution. A high percentage of these types of immigrants ultimately win the right to enter the U.S. But federal law authorizes the government to detain them while it adjudicates their claims in case it secures the authority to deport them instead.

The detention of these immigrants—often in brutal facilities that impose inhuman punishments—has, in practice, dragged on for months, even years. There is no clear recourse for detained immigrants who remain locked up without a hearing. In 2001’s Zadvydas v. Davis, the court found that a similar scheme applied to “deportable aliens” would almost certainly violate the Fifth Amendment’s Due Process Clause. To avoid this constitutional problem, the court construed the law as limiting detention to six months.

But in Jennings, the court’s five-member conservative majority interpreted another federal law to permit indefinite detention of thousands of aliens, with no apparent concern for the constitutional problems that reading creates. Justice Samuel Alito, writing for the majority, revealed from the outset of his opinion that he dislikes Zadvydas, dismissing it as a “notably generous” holding that avoided the constitutional issue in order to secure due process for immigrants. Unlike the Zadvydas court, Alito has no interest in protecting the constitutional rights of noncitizens. Instead, he read the current statute as stingily as possible, concluding that it did, indeed, allow the government to detain all three groups of immigrants indefinitely.

Oddly, Alito then chose not to address whether this interpretation of the statute rendered it unconstitutional. Instead, he sent the case back down to the lower courts to re-examine the due process question. But in the process, the justice telegraphed where he stands on the issue by attempting to sabotage the plaintiffs on their way out the door. In the lower courts, this case proceeded as a class action, allowing the plaintiffs to fight for the rights of every other similarly situated immigrant. The government didn’t ask the Supreme Court to review whether it was proper for it to litigate the plaintiffs’ claims as a class. But Alito did it anyway, strongly suggesting that the lower court should dissolve the class and force every plaintiff to litigate his case by himself.

Alito’s antics infuriated Breyer, who dissented along with Justices Ruth Bader Ginsburg and Sonia Sotomayor. (Justice Elena Kagan recused, presumably because she worked on the case as solicitor general.) Using Zadvydas as a jumping-off point, he interpreted the statute to require a bail hearing for immigrants after six months’ confinement—provided they pose no risk of flight or danger to the community. “The Due Process Clause foresees eligibility for bail as part of ‘due process,’ ” Breyer explained. By its own terms, that clause applies to every “person” in the country. Thus, the Constitution only permits the government to detain these immigrants without bail if they are not considered “persons” within the United States.

That is essentially what the government argued, asserting that immigrants detained at the border have no rights. This theory justifiably fills Breyer with righteous disgust. “We cannot here engage in this legal fiction,” he wrote. “No one can claim, nor since the time of slavery has anyone to my knowledge successfully claimed, that persons held within the United States are totally without constitutional protection.” Breyer continued:

Whatever the fiction, would the Constitution leave the government free to starve, beat, or lash those held within our boundaries? If not, then, whatever the fiction, how can the Constitution authorize the government to imprison arbitrarily those who, whatever we might pretend, are in reality right here in the United States? The answer is that the Constitution does not authorize arbitrary detention. And the reason that is so is simple: Freedom from arbitrary detention is as ancient and important a right as any found within the Constitution’s boundaries.

Unfortunately, Breyer is not quite right that “no one” could claim, at least since “the time of slavery,” that noncitizens held in the U.S. “are totally without constitutional protection.” Just last October, Judge Karen L. Henderson of the U.S. Court of Appeals for the District of Columbia Circuit argued exactly that. In a stunning dissent, Henderson wrote that a pregnant, undocumented minor held in custody was “not entitled to the due process protections of the Fifth Amendment” because “[she] has never entered the United States as a matter of law … ” (The Due Process Clause protects women’s rights to abortion access.) In fact, the minor had entered the country and lived here for several months. But because she entered illegally, Henderson asserted that she had no constitutional rights. That’s precisely the “legal fiction” that Breyer rejected. It’s shockingly similar to the theory used to justify slavery and Dred Scott.

Do the Supreme Court’s conservatives agree with Henderson that undocumented immigrants detained in the U.S. have no constitutional protections? Breyer seems to fear that they do. In a striking peroration, Breyer reminded his colleagues that “at heart,” the issues before them “are simple”:

We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have “certain unalienable Rights,” and that among them is the right to “Liberty.” We need merely remember that the Constitution’s Due Process Clause protects each person’s liberty from arbitrary deprivation. And we need just keep in mind the fact that … liberty has included the right of a confined person to seek release on bail. It is neither technical nor unusually difficult to read the words of these statutes as consistent with this basic right.

We should all be concerned that Breyer found it necessary to explain these first principles to the court. So many rights flow from the Due Process Clause’s liberty component: not just the right to be free from arbitrary detention and degrading treatment, but also the right to bodily integrity and to equal dignity. Should the court rule that undocumented immigrants lack these basic liberties, what’s to stop the government from torturing them, executing them, or keeping them imprisoned forever?

If that sounds dramatic, consider Breyer’s somber warning about possible starvation, beatings, and lashings. The justice plainly recognizes that, with Jennings, the court may have already taken a step down this dark and dangerous path.”

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

As an appellate judge, I remember being infuriated by the callous attitude of some of my “Ivory Tower” colleagues and some trial judges who tended to minimize and sometimes trivialize human pain and suffering to arrive at nonsensical legalistic definitions of what constituted “persecution” or “torture.”

They simply didn’t want to recognize truth, because it would have resulted in more people being granted relief. In frustration, I occasionally privately suggested to staff that perhaps we needed an “interactive session” at the Annual Immigration Judges Conference (back in the days when we used to have such things) where those jurists who were immune to others’ pain and suffering would be locked in a room and subjected to some of the same treatment themselves. I imagine they would have been less stoic if it were happening to them rather than to someone else.

I doubt that any of the five Justices who joined the tone-deaf majority in Jennings would last more than a few days, not to mention years, in the kind of intentionally cruel, substandard, and deplorable conditions in which individuals, the majority of whom have valid claims to remain here under U.S. and international law, are detained in the “New American Gulag.” So, why is there no obvious Constitutional Due Process problem with subjecting individuals to so-called “civil” immigration detention, without recourse, under conditions that no human being, judge or not, should be forced to endure?

No, “Tone-Deaf Five,” folks fighting for their lives in immigration detention, many of whom lack basic legal representation that others take for granted,  don’t have time to bring so-called “Bivens actions” (which the Court has pretty much judicially eliminated anyway) for “so-called “Constitutional torts!” Come on man, get serious!

Privileged jurists like Alito and Thomas speak in undecipherable legal trivialities and “pretzel themselves up” to help out corporate entities and other members of the privileged classes, yet have no time for clear violations of the Constitutional rights of the most vulnerable among us.

A much wiser, more humble, and less arrogant “judge” than Justice Alito and friends once said “Most certainly I tell you, inasmuch as you did it to one of the least of these my brothers, you did it to me.” When will the arrogant ever learn, when will they ever learn? Maybe not until it happens to them! Harm to the most vulnerable among us is harm to all of us! We should all be concerned that Justice Alito and his fellow judicial “corporate elitists” have “dissed” the Due Process Clause of our  Constitution which protects everyone in America, not just corporations, gun owners, and over-privileged, under-humanized jurists! 

Based upon recent statistics, approximately one person per month will die in the “DHS New American Gulag” while this case is “on remand” to the lower courts. How would Alito, Roberts, Thomas, Kennedy, and Gorsuch feel if it were their loved ones who perished, rather than some faceless (to them) “alien” (who also happens to be a human being)? Dehumanizing the least among us, like the Dred Scott decision did, de-humanizes all of us! For that, there is no defense at the bar of history and humanity.

PWS

03-01-18

PETER BEINART IN THE ATLANTIC: ANTI-LATINO RACISM IS NOW THE MAJOR PLANK IN THE TRUMP GOP IMMIGRATION PLATFORM: “When Americans talk about undocumented immigrants, Latinos or immigrants in general . . . the images in their heads are likely to be the same.” — Since Trump & Sessions Are Well-Established Scofflaws – Trump Regularly Bashes The FBI & Ignores Ethics Laws, While Sessions Is Openly Scornful Of The Federal Courts And Constitutional Abortion Rights – They Need To Play To “Tribal Bias” Rather Than The “Rule of Law!”

https://www.theatlantic.com/politics/archive/2018/02/what-the-new-gop-crack-down-on-legal-immigration-reveals/553631/

Beinart writes:

“The Trump-era GOP cares more about the national origin and race of immigrants than the methods they used to enter the United States.

In this August 2015, photo, a woman approaches the entrance to the Mexico border crossing in San Ysidro, California.Lenny Ignelzi / AP
A few weeks ago, the contours of an immigration compromise looked clear: Republicans would let the “dreamers” stay. Democrats would let Trump build his wall. Both sides would swallow something their bases found distasteful in order to get the thing their bases cared about most.Since then, Trump has blown up the deal. He announced on Wednesday that he would legalize the “dreamers,” undocumented immigrants brought to the U.S. as children, only if Democrats funded his wall and  ended the visa lottery and “chain migration.” He would support a path to citizenship for undocumented immigrants only if Congress brought the number of legal immigrants down.

There’s an irony here, which was pointed out to me by CATO Institute immigration analyst David Bier. Until recently, Republican politicians drew a bright line between illegal immigration, which they claimed to hate, and legal immigration, which they claimed to love. Florida Senator Marco Rubio launched his presidential campaign at the Freedom Tower, Miami’s Ellis Island. Texas senator Ted Cruz, who in 2013 proposed a five-fold increase in the number of H1B visas for highly skilled immigrants, declared in April 2015 that, “There is no stronger advocate for legal immigration in the U.S. Senate than I am.” Mitt Romney promised in 2007 that, “We’re going to end illegal immigration to protect legal immigration.”

Trump has turned that distinction on its head. He’s willing to legalize the “dreamers”—who came to the United States illegally—so long as the number of legal immigrants goes down. He has not only blurred the GOP’s long-held moral distinction between legal and illegal immigration. In some ways, he’s actually flipped it—taking a harder line on people who enter the U.S. with documentation than those who don’t.

What explains this? Trump’s great hidden advantage during the 2016 Republican presidential primary was his lack of support from the GOP political and donor class. This allowed him to jettison positions—in support of free trade, in support of the Iraq War, in support of cutting Medicare and Social Security—that enjoyed support among Republican elites but little support among Republican voters. He did the same on immigration, where the “legal good, illegal bad” distinction turned out to be much more popular among the party’s leaders than among its grassroots. Cribbing from Ann Coulter’s book, Adios America, Trump replaced the legal-illegal distinction with one that turned out to have more resonance on the activist right: The distinction between white Christian immigrants and non-white, and non-Christian ones.The words “illegal immigration” do not appear in Trump’s presidential announcement speech. Instead, Trump focused on immigrants’ country of origin. “When Mexico sends its people,” he declared, “they’re not sending their best … They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists … It’s coming from more than Mexico. It’s coming from all over South and Latin America, and it’s coming probably—probably—from the Middle East.”

Trump, who often says bluntly what other Republicans say in code, probably realized that “illegal immigrant” was, for many voters, already a euphemism for Latino or Mexican-immigrants. In their book White Backlash, the political scientists Marisa Abrajano and Zoltan Hajnal cite a poll showing that 61 percent of Americans believe that most Latino immigrants are undocumented even though only about a quarter are. “When Americans talk about undocumented immigrants, Latinos or immigrants in general,” they note, “the images in their heads are likely to be the same.”

What really drove Republican opinion about immigration, Trump realized, was not primarily the fear that the United States was becoming a country of law-breakers. (Republicans, after all, were not outraged about the lack of prosecution of tax cheats.) It was the fear that the United States—which was becoming less white and had just elected a president of Kenyan descent—was becoming a third world country.When the Public Religion Research Institute and Brookings Institution asked Americans in 2016 their views of immigration from different parts of the world, it found that Republicans were only three points more likely than Democrats to want to reduce immigration from “predominantly Christian countries” and only seven points more likely to want to reduce immigration from Europe. By contrast, they were 33 points more likely to support reducing immigration from Mexico and Central America and 41 points more likely to support reducing immigration from “predominantly Muslim countries.” What really drives Republican views about immigrants, in other words, is less their legal status than their nation of origin, their religion, and their race.

Trump grasped that during the campaign, and in coalition with a bevy of current and former Southern Senators—Jeff Sessions, David Perdue and Tom Cotton—he has used it to turn the GOP into a party devoted to slashing legal immigration. On Thursday, when presented with a bill that traded the legalization of dreamers for more border security but did not reduce legal immigration, only eight Republican Senators voted yes. However, 37 voted for a bill that legalized the “dreamers,” added more border security and substantially reduced legal immigration.

But there’s another reason Trump has succeeded in erasing the “legal good, illegal bad” distinction that for years governed GOP immigration debate. He’s made Republicans less concerned with legality in general. In 2012, the GOP—which was then-outraged by executive orders that supposedly displayed President Barack Obama’s contempt for the constitutional limits of his office—titled the immigration section of its platform, “The Rule of Law: Legal Immigration.” The seven paragraph-section used variations of the word “law” fourteen times.That emphasis is harder now. In his ongoing battles with the FBI, Justice Department, judiciary and Special Counsel Robert Mueller, Trump has convinced many Republicans that the “rule of law” is often a cloak for the partisan biases of the “deep state.” As a result, Republicans are now 22 pointsless likely to hold a positive opinion of the FBI than they were in 2015.

What really matters for many Republicans in Trump’s standoff with Mueller and the FBI is not who has the law on their side, since the bureaucracy can twist the law to its own advantage. What really matters is who enjoys the backing of “the people,” the authentic America that resides outside the swamp, a construct that definitely does not include the imagined beneficiaries of “chain migration” and the “visa lottery.”

In the Trump era, Republicans now justify their immigration views less by reference to law than by reference to tribe. Which, not coincidentally, is how they justify Trump’s presidency itself.”

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

Marco Rubio has already seen the downside of trying to become a national force in the GOP by advocating a moderate, pro-business, pro-immigrant, not overtly anti-Hispanic policy. I suspect if and when Ambassador Nikki Haley tries to make a bid for national office in the GOP she’ll find out that the Miller-Sessions-Cotton-Perdue-King group and Trump supporters will treat her with the same disrespect, bias, and disdain that they usually reserve for smart, capable Latinas, children fleeing for their lives from the Northern Triangle, and “Dreamers.”

And folks like Sen. Tim Scott will find that even consistent support for a right-wing GOP that regularly disses African-Americans and Hispanics won’t give him “White Guy” status in the larger GOP world. A useful vote in the Senate. That’s about it. Reportedly, Scott once talked to Trump about the latter’s “tone” on race. How did that work out, Tim? But, hey, as long as you vote for big tax breaks for the wealthy, cuts in health care, and are happy to threaten the benefits, remaining dignity, and lives of the poor, you can at least retain your status a “club member at the retail level.”

PWS

02-18-18

BLACK HISTORY MONTH: LET’S TAKE A LOOK AT TWO STORIES FROM THAT “GREAT ERA OF AMERICA” THAT TRUMP, SESSIONS, MILLER, COTTON, AND THEIR WHITE NATIONALIST PALS LOVE SO MUCH – When White Men Were Supreme, The Law Was There To Keep African Americans in Their Place, Blacks Who Stood Up For Their Rights Were Murdered By The White Police, And Latinos & Women Were “Out Of Sight, Out Of Mind!”

From “John Kelly’s Washington” in the Washington Post:

Stuck on a shelf or locked in a safe, D.C.’s ‘Lost Laws’ still packed a punch

 
Before the Supreme Court upheld the District’s “Lost Laws” in 1953, activists such as Mary Church Terrell (center) picketed in front of segregated restaurants.

Columnist February 14

Martin Luther King Jr. said “the arc of the moral universe is long, but it bends toward justice.”

He could have added: “eventually, and after plenty of detours.”

In 1872 and 1873, two laws were passed in Washington that forbade racial discrimination in the city’s restaurants. Then, somehow, the laws vanished.

Just imagine the reaction when they were “rediscovered” in the 1940s. It must have been as if someone had opened a vault sealed when Ulysses Grant was president and found an airplane inside, a television, penicillin … .

Could Washingtonians from 70 years ago really have been so advanced? What had happened to those people?

What amazed me when I looked into the events of the 1870s and 1880s was how similar things were to the Jim Crow era. Restaurateurs used some of the same excuses for refusing to serve African Americans: Black customers were “boisterous,” white patrons would stay away, the government shouldn’t meddle.

To fight discrimination, black activists used methods that are familiar to us now. Lawyer E.M. Hewlett deliberately visited restaurants to see if he would be served. Hewlett looked to see if owners had posted price lists, as required by law to prevent black customers from being gouged. When he spotted a violation, he took the establishment to court.

In the end, none of it did any good. Why?

“During Reconstruction, D.C. was really on the leading edge of racial change in America,” said Chris Myers Asch, co-author, with George Derek Musgrove, of “Chocolate City: A History of Race and Democracy in the Nation’s Capital.”

Said Asch: “D.C. was a very progressive city. You had remarkable progress being made toward racial equality in a very brief space of time. Black men in D.C. were the first black men in the country to be granted the right to vote after the Civil War.”

Such efforts, Asch said, were a priority for radical Republicans in Congress.

“The backlash from white conservatives is really substantial,” Asch said. “First you eliminate self government all together in 1874. Then you slowly roll back those Reconstruction-era gains. This is part of a regionwide effort to enforce white supremacy. By 1901, when city commissioners decide to compile the D.C. Code, they simply don’t include those Reconstruction-era statutes.”

They didn’t include them, but they didn’t repeal them. The Lost Laws were not dead. They were like a long-dormant seed, ready to spring to life after a refreshing rain.

I don’t know who found them. Asch thinks it was A. Mercer Daniel, who oversaw the library at Howard University’s law school. They gained fame in 1948 with the publication of “Segregation in Washington,” a scathing report that mentioned the laws.

Civil rights activists wondered: Could the laws be used to fight segregation?

Annie Stein, a white woman from Southwest D.C. who was a member of the Progressive Party, invited Mary Church Terrell to chair the Coordinating Committee for the Enforcement of the D.C. Anti-Discrimination Laws of 1872 and 1873. When Terrell, the octogenarian co-founder of the NAACP, was denied service at a downtown cafeteria called Thompson’s in 1950, it set the stage for a test case.

District of Columbia vs. John R. Thompson Co. went first to the old Municipal Court, where Judge Frank Myers ruled that the Lost Laws had “been repealed by implication” and, thus, could no longer be enforced.

Terrell and company appealed. In May of 1951, the Municipal Court of Appeals ruled 2-to-1 that the anti-bias laws were still valid. Among the points raised by Judge Nathan Cayton was that another so-called lost law had been enforced in 1908, even though it, too, had been omitted from the 1901 D.C. Code.

It was an animal cruelty law. Animals, it seemed, had more rights than black Washingtonians.

The game of legal ping-pong continued. The next stop was the U.S. Court of Appeals. In a 5-to-4 decision, it ruled that the laws of 1872 and 1873 could not be enforced.

One judge, Barrett Prettyman, wrote the statutes were “neither mentioned again nor enforced for a period of 75 years.” Thus the laws “must be deemed by the courts to have been abandoned.”

If you’ve been reading my columns this week, you know that wasn’t true. African Americans did mention them and did try to get them enforced.

In April of 1953, the case finally reached the U.S. Supreme Court. Chester H. Gray of the District’s corporation counsel’s office asked the court not to blame his staff. They hadn’t known of the laws until someone found them in the corporation counsel’s safe.

“You mean you have to go to a locked safe to find laws of the District of Columbia?” Chief Justice Fred M. Vinson joked.

In June, the court ruled unanimously that the laws were still in effect. Laws passed by long-dead Washingtonians had helped their descendants.

Five days after the Supreme Court ruling, Terrell went to eat at Thompson’s with the mixed-race group who had been denied a meal three years earlier. They were treated, Terrell said, with courtesy.”

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Sound all too familiar? It should! The claptrap coming from yesterday’s racists is pretty much the same as the garbage coming out of the mouths of some GOP pols these days. Here’s my “rewrite” of a paragraph of Kelly’s account in “today’s context.”

The backlash from Sessions, Bannon, Kobach, Miller and their White Nationalist pals to the diversification of America and growing political power of African-Americans, Hispanics and other non-Whites was substantial. First, they used gerrymandering and intentional mis-constructions of Civil Rights and Voting Rights statutes intended to protect minorities to instead suppress and minimize the minority vote. This is part to a nationwide effort by the far right to restore White Supremacy and prevent African-Americans and Hispanics from eventually obtaining political power commensurate with their demographics and overwhelming contributions to America. Then, when supposedly in charge of administering the laws equally, they simply refuse to recognize the rights of African-Americans to be free from police violence and the rights of Hispanics and asylum seekers in the United States to be treated with respect and dignity and to be given full Due Process under our Constitution. They even invent false narratives, bogus statistics, and demonize hard-working law-abiding citizens, residents, and great and deserving young people known as “Dreamers” in a desperate effort to restore exclusive White (preferably “pseudo-Christian”) power. To add insult to injury, they carry out this anti-American, anti-Constitutional campaign under the boldly false rubric of “Restoring the Rule of Law.”

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Now let’s move over to the Post’s Sports Section. Here’s an account of what happened to courageous African-American athletes who stood up for their rights and the rights of others during the “glory days” of White Supremacy that Trump, Sessions, & Co. so cherish and honor.

Remembering the Orangeburg massacre, and the athlete-activists who took a stand 


Two black demonstrators killed in the Orangeburg Massacre lie on the ground at the edge of South Carolina State College in Orangeburg, S.C., on Feb. 8, 1968. (ASSOCIATED PRESS)
February 13

Robert Lee Davis found himself lying in blood next to his teammate Sam Hammond. At least one bullet had struck Davis in the back. Another went in Hammond’s neck.

Davis recalled in an oral history that Hammond, a running back at South Carolina State, asked him, “Do you think I’m going to live?” Davis, a linebacker, said he answered, “Sam, you are going to be all right, buddy.”

Hammond was the first of three young black men to die that night 50 years ago in Orangeburg, S.C. Davis was one of several football players at historically black South Carolina State to survive a hail of police fire with injuries.

What brought them together that Feb. 8, 1968, evening was not a team meeting or the training table. Instead, it was a call to confront a wrong, an affront, an act of overt racial discrimination in Orangeburg at a bowling alley that refused would-be black bowlers just like the state was denying black citizens their human rights.

As a result, Davis and Hammond became athlete-activists long before we created the suddenly ubiquitous, if not trite, alliterative phrase these days to describe football and basketball players, almost all of color, who have, by comparison, merely sported sloganeering T-shirts, or employed histrionics, to demonstrate against racial injustice.

It is a noble and laudable effort, of course. But what we’ve come to champion of athletes today pales juxtaposed to what so many did in the cauldron of the late ’60s civil rights movement. Davis and Hammond, for example, dared to physically confront the very embodiment of the South’s recalcitrant racists — scores of carbine rifle-toting, all-white state troopers — for which Hammond forfeited not just his career but his life.

They were among at least 30 victims of what became known as the Orangeburg massacre.

I was reminded of it three years ago as a presenter at the annual Media and Civil Rights symposium at the University of South Carolina. It included a mesmerizing panel featuring a demonstrator that night, civil rights icon and scholar Cleveland Sellers, and a reporter who became legendary for his fearless coverage of the massacre and other civil rights movement era violence, Jack Bass. With Jack Nelson, awarded a Pulitzer Prize for his reporting on the civil rights movement, Bass authored “The Orangeburg Massacre” in 1970.

And I took note that the panelists, particularly Oliver Francis, a one-time baseball player at Voorhees, another historically black South Carolina college, pointed out that black male athletes in particular stepped to the fore in Orangeburg’s deadly confrontation with white supremacy, and in others. Francis wound up convicted and sentenced to prison for 18 to 24 months as an organizer in an armed black student takeover in 1969 of the Voorhees administration building.

It all reminded that black athletes played not just pivotal roles in the civil rights movement, like the muscle North Carolina A&T football players provided for their classmates engaged in sit-ins to desegregate the Greensboro, N.C., Woolworth’s lunch counter. Or in Rock Hill, S.C., where 10 black Friendship College students were detained by police for trying to desegregate a town lunch counter in 1961 but became known as the Rock Hill Nine after one among them wasn’t booked so he could maintain his athletic scholarship. Chicago Bears running back Willie Galimore was the test black registrant at the Ponce de Leon Motor Lodge in St. Augustine, Fla., that became a flash point for desegregation fights in 1964.

And as was evidenced in Orangeburg, black athletes sometimes were even in the vanguard of protests. Samuel Freedman underscored as much in recounting the Orangeburg massacre in his 2014 book, “Breaking the Line: The Season in Black College Football That Transformed the Sport and Changed the Course of Civil Rights.”

Freedman wrote: “Shortly after the 1967 football season ended, many of the politically engaged members of the South Carolina State team joined in protests against a segregated bowling alley near the campus in Orangeburg.” On Feb. 6, 1968, Freedman reported, Davis and several of his teammates went on their own to the bowling alley and not only were denied admittance but were threatened with arrest by city police for disturbing the peace. Other students eventually joined the football players, objected to the police threats and wound up defending themselves from swinging billy clubs.

Two nights later, Freedman stated, “an all-white force of state troopers opened fire on the student demonstrators, killing three and wounding twenty-eight. Among the dead was one football player . . . Hammond. Several other players were injured by gunfire, one of them temporarily paralyzed.”

Davis was that temporarily paralyzed victim.

The student survivors of the massacre refused, however, to be deterred and allow the killings of Hammond, fellow student Henry Smith and high school football player Delano Middleton to be in vain. They organized a march from campus to the state capital 42 miles away to demand justice. Athletes decided to lead the march by running the distance.

“The four young men who approached me about the run were all track and field distance runners,” Willis Ham, a South Carolina State baseball player at the time, told the (Orangeburg, S.C.) Times and Democrat five years ago. “Three of the young men were not of American descent, and they simply wanted to express their disgust for the way Americans ‘treat their own,’ with the one tool that they had to their credit [the ability to run].

“We wanted our fellow students to know how deeply we felt about their determination to go to Columbia [S.C.], and express to state officials how they really felt about the lack of support in the days leading to the massacre.”

“It gave us a chance to say that our spirits and drive for freedom from depression would never be destroyed,” Ham explained.

The white troopers who fired on the students were exonerated in a trial a year later. The lone conviction from the incident was of Sellers for incitement. He spent seven months in prison. He was pardoned in 1993.

But what Hammond, the football player, first fell for is forever remembered on South Carolina State’s campus. Its basketball arena that opened that fateful day, Feb. 8, 1968, was renamed the Smith-Hammond-Middleton Memorial Center.

Kevin B. Blackistone, ESPN panelist and visiting professor at the Philip Merrill College of Journalism at the University of Maryland, writes sports commentary for The Post.”

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We should all be appalled that in the 21st Century, folks like Trump, Sessions, Miller, Cotton, and others who think that it’s “OK” and “permissible” to whip up false anti-Hispanic fervor with bogus narratives about rampant crime, imaginary “stolen” jobs, and phantom “adverse effects” of legal immigration have weaseled their way into positions of national power and prominence.

They seek to take America backwards to a bygone era of racial injustice and manufactured hate. Don’t let them get away with it! Ballot boxes were made to “retire” the Trumps, Sessions, and Cottons of the world and send them off to try to make an honest living.

PWS

02-16-18

FORMER GOVERNMENT IMMIGRATION EXECUTIVES (INCLUDING ME) FILE AMICUS BRIEF IN HAMAMA V. HOMAN IN 6TH CIRCUIT (“The Iraqi Christian Case”)

Here’s a copy of the brief prepared by Michael P. Doss, Esquire, of Sidley & Austin, Chicago IL:

Filed stamped copy of amicus brief

HERE’S THE INTRODUCTION  SETTING FORTH “THE PLAYERS:”

IDENTITY AND INTEREST OF AMICI CURIAE

Amici have served in the U.S. Department of Justice and senior positions in the federal agencies charged with enforcement of U.S. immigration laws, and in those capacities have played substantial roles in the development, implementation, and adjudication of federal immigration policy and laws. Amici thus have an interest in this case, and in the just and efficient operation of the U.S. immigration enforcement system.

Mónica Ramírez Almadani served in the U.S. Department of Justice as Counsel to the Assistant Attorney General for the Civil Rights Division from 2009 to 2012, and as Deputy Chief of Staff and Senior Counsel to the Deputy Attorney General from 2011 to 2012, during which time she, among other things, advised on immigration

1 Amici submit this brief pursuant to Federal Rule of Appellate Procedure 29(a)(2). The parties have consented to the filing of this brief. Amici further state, pursuant to Federal Rule of Appellate Procedure 29(a)(4)(E), that no counsel for a party authored this brief in whole or in part, and no person other than the amicus curiae or their counsel made a monetary contribution intended to fund the preparation or submission of this brief.

1

Case: 17-2171 Document: 43 Filed: 02/12/2018 Page: 6

policy and litigation and worked closely with the Executive Office of Immigration Review.

Seth Grossman served as Chief of Staff to the General Counsel of the U.S. Department of Homeland Security (“DHS”) from 2010 to 2011, as Deputy General Counsel of DHS from 2011 to 2013, and as Counselor to the Secretary of Homeland Security in 2013.

Stephen Legomsky served as Chief Counsel of U.S. Citizenship and Immigration Services from 2011 to 2013, and as Senior Counselor to the Secretary of Homeland Security in 2015.

Leon Rodriguez served as Director of U.S. Citizenship and Immigration Services from 2013 to 2017.

John Sandweg served as the Acting Director of U.S. Immigration and Customs Enforcement (“ICE”) in 2013 and 2014, and as the Acting General Counsel of DHS from 2012 to 2013.

Paul Wickham Schmidt served as an Immigration Judge for the U.S. Immigration Court from May 2003 until his retirement from the bench in June 2016. Before his Immigration Judge appointment, Judge Schmidt served as a Board Member and Board Chairman for the Board

of Immigration Appeals, Executive Office for Immigration Review, from 2

Case: 17-2171 Document: 43 Filed: 02/12/2018 Page: 7

1995 until 2003. Judge Schmidt also served as acting General Counsel of the former Immigration and Naturalization Service (INS) from 1979 to 1981 and again from 1986 to 1987, and as the Deputy General Counsel of INS from 1978 to 1987.

As former leaders of the nation’s primary immigration agencies and the U.S. Department of Justice, and a former longtime Immigration Judge, amici are familiar with the operation of the United States immigration enforcement system. Amici support the district court’s preliminary injunction order and urge this Court to affirm that decision. Amici focus here on two issues before this Court: (i) first, whether the “motion to reopen” process currently available before our immigration courts provides Petitioners with an “adequate and effective” substitute for habeas relief; and (ii) second, whether the public interest is served by briefly staying enforcement of removal orders regarding these Iraqi nationals so that the immigration courts have a fair opportunity to review their claims.

3

Case: 17-2171 Document: 43 Filed: 02/12/2018 Page: 8

Based on our experience helping to lead the federal agencies charged with enforcement of U.S. immigration laws, we are compelled to conclude that the district court reached the correct conclusion on both these issues. In particular, without the “breathing room” provided by the district court’s temporary stay of removal, our overburdened immigration courts are unable to provide an adequate and effective remedy for Petitioners having valid claims for protection from removal due to the likelihood they face persecution or torture on return to Iraq. In addition, given the clearly established changed circumstances in Iraq, which show that the Petitioners would have an objective well- founded fear of persecution if forced to return, the district court’s order furthers the public interest by affording aliens threatened with persecution on removal to Iraq a meaningful opportunity to have these claims heard. The some-1,400 Iraqi nationals impacted by the district court’s order represent a drop in the bucket compared to those subject to removal each year by immigration authorities, and a temporary stay of their removal to allow immigration courts time to assess their claims will not undermine the United States’ immigration enforcement system.

\

AND, HERE’S AN OUTLINE OF THE ARGUMENT:

ARGUMENT ……………………………………………………………………………….. 5

I.  The District Court Was Correct In Finding That, Under Current Circumstances, The Immigration Courts Do Not Provide Petitioners with Adequate and Effective Alternatives To Habeas Relief…………………….5

A.  The Immigration Courts System ……………………….. 5

B.  Our Immigration Courts Are Overburdened and Underfunded………………………………………………………. 6

C.  Emergency Stay Motions before Our Immigration Courts Do Not Currently Offer Petitioners an Adequate and Effective Alternative Remedy …..10

II. Allowing Petitioners Time to Obtain Review of Their Motions To Reopen Is In the Public Interest and Will Not Unreasonably Interfere with Immigration Enforcement ……………………………………………………………..15

A.  The United States has a Strong Interest In Protecting from Removal Those Petitioners Who Will Face Persecution or Torture in Iraq…………15

B.  The District Court’s Order Will Not Interfere With the United States’ Immigration Enforcement Scheme………………………………………..18

CONCLUSION…………………………………………………………………………… 21

CERTIFICATE OF COMPLIANCE…………………………………………….23

CERTIFICATE OF SERVICE…………………………………………………….24

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Many thanks to my “Fellow Amici” and to Michael Doss & his team at Sidley & Austin for a “Super Outstanding Job!” May Due Process prevail!!!!

PWS

02-14-18

 

RICHARD L. HASEN IN WASHPOST: THE ORIGINAL DISRUPTER – THE LATE JUSTICE ANTONIN SCALIA!

https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/

Hasen writes:

“A few years ago, a populist disrupter of the established political order said that Arizona was right to try to take immigration enforcement into its own hands when the Obama administration was not aggressive enough. Its “citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” He similarly expressedsympathy for the “Polish factory workers’ kid” who was going to be out of a job because of affirmative action and lamented that the Supreme Court’s giving too many constitutional rights to Guantanamo detainees “will almost certainly cause more Americans to be killed.”

Who made the statements? Donald Trump? Newt Gingrich? No, those were the words of Supreme Court Justice Antonin Scalia, who died two years ago Tuesday. Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts.

Scalia joined the Supreme Court in 1986 after a stint as a law professor, a government official and a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He arrived at a court in which justices used an eclectic mix of criteria, from text to history and purpose to pragmatism and personal values, to decide the meaning of the Constitution and federal statutes. Justices disagreed with one another, but for the most part, they were polite in their written dissents.

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.”

. . . .

Scalia, the Harvard law graduate, frequently cast his fellow justices as out-of-touch Ivy League elitists sticking it to the little guy. Yet he often sided with big business over consumers and environmental groups, deciding cases on issues related to standing and arbitration law that made it harder for people to have their rights protected and vindicated in court.

He disagreed with others using a tone like no other justice. The day after it decided King v. Burwell in June 2015, the court recognized a right of same-sex couples to marry in Obergefell v. Hodges. Scalia, applying his originalist understanding of the 14th Amendment, unsurprisingly rejected the majority’s approach. But he leveled his harshest words at Justice Anthony M. Kennedy’s majority opinion, which he described as “couched in a style that is as pretentious as its content is egotistic.” He added that “if, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.” He compared the opinion to an aphorism in a fortune cookie.

The combination of Scalia’s view that textualism and originalism were the only legitimate way to decide cases and his caustic dismissal of anyone who dared to disagree with him led to a much coarser, polarized court after his tenure on the bench. He gave the Supreme Court’s imprimatur to the practice of delegitimizing one’s ideological opponents rather than simply disagreeing with them.

Most important, he gave key conservative acolytes tools to advance an ideological agenda — tools that he presented as politically neutral. The most important of these acolytes is Gorsuch, the newest Supreme Court justice (and, thanks to the refusal of Senate Republicans to consider President Barack Obama’s nomination of Merrick Garland after Scalia died, also the justice who replaced his ideological role model). While not quite a Scalia clone, he is fully following in Scalia’s tradition. Not long after joining the court, Gorsuch admonished his colleagues in a statutory interpretation case that “if a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” And at oral argument in the 2017 Wisconsin partisan gerrymandering case, he dismissively interjected that “maybe we can just for a second talk about the arcane matter, the Constitution.” Think Scalia, but without the spontaneous wit and charm. Without Scalia, Gorsuch would have been just as conservative, but he would not have been packaging his jurisprudence in Scalian terms. And he perhaps would not have been as aggressive out of the box.

According to Time magazine, Trump wants to appoint more “originalists” and “textualists” on the court — flamethrowers who will disrupt things even more, following Scalia’s model. Gorsuch’s early record and the posthumous deification of Scalia by Federalist Society members and others on the right since his death show that Scalia’s pugnacious populism is the wave of the future for court appointees by Republican presidents and that the bitter partisan polarization we’ve seen in the political branches is in danger of becoming fixed as a permanent feature of the Supreme Court. Indeed, the main criticism of Scalia’s followers is that he was not consistent enough in insisting that originalism and textualism are the only right way to decide cases, consequences be damned.

Thanks to Scalia’s disruption, the Supreme Court may never be the same.

 

Richard L. Hasen is the chancellor’s professor of law and political science at the University of California at Irvine and the author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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Read the complete article at the link.

Yes, I always thought that beneath all the “origionalist” BS, Justice Scalia was pretty much just another jurist with a peculiar right-wing agenda. He rewrote history to match his own preconceived worldview. Additionally, he detested equality, social justice, and common sense in equal proportions. But, occasionally his intellectual machinations led him to side with the “good guys.”

He might not have been a “stable genius,” but he was a heck of a lot smarter than Trump and much funnier. And, while there are indications in his jurisprudence that he was a “racist at heart” (who despised Hispanics as much as African-Americans) he was somewhat less overt about his White Christian Nationalism than guys like Trump, Sessions, Miller, Bannon, Steve King, etc.

PWS

02-14-18

 

HON. JEFFREY CHASE: Matter of W-Y-C- & H-O-B- & The Unresolved Tension In Asylum Adjudication! – Plus My Added Commentary On EOIR Training!

https://www.jeffreyschase.com/blog/2018/2/4/the-proper-role-of-immigration-judges-as-asylum-adjudicators

The Proper Role of Immigration Judges as Asylum Adjudicators

I would like to expand on the topic raised in my response to the BIA’s recent precedent decision in Matter of W-Y-C- & H-O-B-.  In the U.S. system, what tensions exist between an immigration judge’s role as an independent judge within an adversarial system, and his or her overlapping role as an adjudicator of asylum claims?

As we all know, the 1980 Refugee Act was enacted to put the U.S. in compliance with the 1951 Convention on the Status of Refugees (to which the U.S. acceded through the 1967 Protocol).  For that reason, numerous courts through the years have found the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status to provide “significant guidance in construing the Protocol” and a useful instrument “in giving content to the obligations the Protocol establishes,” as the U.S. Supreme Court stated in INS v. Cardoza-Fonseca.  The BIA has referenced the UNHCR Handbook in at least ten precedent decisions, as have numerous circuit courts.

Paragraphs 66 and 67 of the Handbook state the following:

66. In order to be considered a refugee, a person must show well-founded fear of persecution for one of the reasons stated above. It is immaterial whether the persecution arises from any single one of these reasons or from a combination of two or more of them. Often the applicant himself may not be aware of the reasons for the persecution feared. It is not, however, his duty to analyze his case to such an extent as to identify the reasons in detail.

67. It is for the examiner, when investigating the facts of the case, to ascertain the reason or reasons for the persecution feared and to decide whether the definition in the 1951 Convention is met with in this respect… (emphasis added.)

Not surprisingly, this approach is employed by the USCIS Asylum Office.  Created in the implementation of the 1990 asylum regulations, the office’s first director, Gregg Beyer, previously worked for UNHCR for more than 12 years.  The Asylum Officer Basic Training Manual (“AOBTM”) on the topic of nexus states that although the applicant bears the burden of proving nexus, the asylum officer has an affirmative duty to elicit all relevant information, and “should fully explore the motivations of any persecutor involved in the case.”  The AOBTC therefore directs the asylum officer to “make reasonable inferences, keeping in mind the difficulty, in many cases, of establishing with precision a persecutor’s motives.”

The AOBTC also cites the 1988 BIA precedent decision in Matter of Fuentes.1  In that case, the Board held that “an applicant does not bear the unreasonable burden of establishing the exact motivation of a ‘persecutor’ where different reasons for actions are possible.  However, an applicant does bear the burden of establishing facts on which a reasonable person would fear that the danger arises on account of” a protected ground.

In Canada, the Immigration and Refugee Board takes the view that “it is for the Refugee Division to determine the ground, if any, applicable to the claimant’s fear of persecution.”  The U.S. is unusual, if not unique, among western nations in not also delegating this responsibility to immigration judges. Also, note that the IRB references the “Refugee Division;” like many countries, Canada’s equivalent of immigration courts is divided into immigration and refugee divisions, in recognition of the special obligations and knowledge that asylum determinations require.  The U.S. immigration court system does not have a separate refugee determination division; asylum claims are heard by the same judges and under the same conditions as all other types of immigration cases.  Furthermore, as noted above, U.S. immigration judges hear cases in an adversarial setting, in which judges assume a passive, neutral role.

The role of asylum adjudicator carries responsibilities that are at odds with the the role of neutral arbiter.  Asylum adjudicators are required to share the burden of documenting the asylum claim; the UNHCR Handbook at para. 196 states that “in some cases, it may be for the examiner to use all of the means at his disposal to produce the necessary evidence in support of the application.”2  And, as discussed above, once the facts are ascertained, it is the adjudicator who should identify the reasons for the feared persecution and determine if such reasons bear a nexus to a protected ground.

During the Department of Justice’s asylum reform discussions in the early 1990s, Gregg Beyer stated that the idea of separate asylum judges was considered, but ultimately rejected.  To my knowledge, EOIR has never conducted an in-depth analysis of the conflicts between the judge’s responsibilities as an asylum adjudicator and his or her role as a neutral arbiter in adversarial proceedings.  I discussed the Board’s incorrect holding in Matter of W-Y-C- & H-O-B- under which genuine refugees may be ordered returned to countries where they will face persecution because the asylum applicants lacked the sophistication to properly delineate a particular social group, a complex legal exercise that many immigration attorneys (and immigration judges) are unable to do.  The problem also extends to other protected grounds.  Would an unrepresented asylum applicant (who might be a child) understand what an imputed political opinion is?  Would most asylum applicants be able to explain that actions viewed as resisting the authority of a third-generation gang such as MS-13 might constitute a political opinion?  Regulations should be enacted making it the responsibility of immigration judges to consider these questions.  Additionally, immigration judges, BIA Board Members and staff attorneys should be required to undergo specialized training to enable them to identify and properly analyze these issues.

Notes:

1. 19 I&N Dec. 658 (BIA 1988).

2. See also the BIA’s precedent decision in Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997), which I have referenced in other articles.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.”

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Jeffrey points out the pressing need for better “specialized training” in asylum adjudication for Immigration Judges at both the BIA and Immigration Court levels. Sadly, however, DOJ & EOIR appear to be moving in exactly the opposite direction.

  • Last year, notwithstanding the addition of many new Immigration Judges and retirement of some of the most experienced Immigraton Judges, DOJ cancelled the nationwide Immigration Judge Conference, the only “off the bench” training that most Judges get.
  • Cancellation of the annual training conference or resort to ridiculously amateurish “CD training” was a fairly regular occurrence in the “Post-Moscato Era” (post-2000) of EOIR.
  • Too often so-called “asylum training” at EOIR was conducted by DOJ Attorneys from the Office of Immigration Litigation (“OIL”), Board Members, or Board Staff. The emphasis was basically on “how to write denials that will stand up on appeal” rather than how to recognize and grant legally required protection.
  • Immigration Judges with “special insights” into the situation of asylum seekers seldom were invited to be speakers. For example, one of my most distinguished colleagues was Judge Dana Leigh Marks of the San Francisco Immigration Court. Judge Marks successfully represented the applicant in the landmark U.S. Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987)  (as the INS Deputy G.C. & Acting G.C. I was helping the Solicitor General with the “losing argument” in behalf of my “client.”) Cardoza-Fonseca established the “well founded fear” standard for asylum and probably is the most important case in the history of U.S. asylum law. Yet, I never remember hearing Judge Marks on any panel at the Annual Conference, let alone one dealing with asylum.
  • One notable exception were the “mandatory” presentations by the U.S. Commission on International Religious Freedom (“USCIRF”), an independent Government agency. Led by Senior Advisor on Refugee Issues Mark Hetfield (now President and CEO of HIAS) the USCIRF provided examples of bias in asylum adjudication and explained how Immigration Judges and the BIA sometimes erred by filtering religious claims through our “Americanized Judeo-Christian prism” instead of taking time to understand the unique conditions affecting religion and religious freedom in each country.
  • There was never much positive follow-up on the USCIRF observations. I was probably one of the few Immigration Judges who regularly consulted and discussed the reports and findings of the USCIRF in my decision-making (even many experienced asylum advocates often overlooked this invaluable resource).
  • I remember at my “Immigration Judge Basic Training” in 2003 being told to prepare for the fact that most of my “oral decisions” would be asylum denials. I was skeptical then and found that quite to the contrary, the majority of asylum cases that got to Individual Hearing in Arlington were eminently “grantable.” Pretty much as I had unsuccessfully argued for years with my colleagues while I was on the BIA. For the most part, the U.S. Courts of Appeals eventually reaffirmed much of what my long-since banished “dissenting colleagues” and I had been saying all along about the overly restrictive application of U.S. asylum law by the BIA and many U.S. Immigration Judges.
  • There is absolutely nothing in the recent anti-asylum campaign (based on distorted narratives, no facts, or just plain intentional misinformation) by Attorney General Jeff Sessions and EOIR leadership that would lead me to believe that any type of fair, professional, properly balanced asylum training for Immigration Judges and BIA Appellate Immigration Judges is in the offing.
  • All of this adds up to the pressing need for the elimination of USDOJ control over the U.S. Immigration Courts, the creation of an independent U.S. Immigration Court, and the restructuring of the Immigration Courts into a true Due Process oriented court system, rather than a mere “whistle-stop on the deportation railroad!”

PWS

02-05-18

ANOTHER US JUDGE, THIS TIME IN NJ, CALLS A HALT TO “GONZO” ENFORCEMENT — Now It’s Indonesian Christians In The ICEMEN’s Crosshairs!

http://www.nj.com/news/index.ssf/2018/02/last_minute_court_appeal_halts_deportation_of_indo.html

Ted Sherman reports for NJ Advantage Advance Media for NJ.com:

“A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.”

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

Wasting tax dollars, hurting families, dividing communities, teeing off Federal Judges, what more could you ask from the “New American Gestapo?”

PWS

02-04-18

TIMOTHY EAGAN @ NYT: “The Stormy Daniels Presidency” — She’s Probably Smarter, No More Dishonest, Less Biased, & A Heck Of A Lot More “Transparent” Than The Trumpster!”

Eagan writes:

“Well before The Wall Street Journal reported that a porn star with the meteorological name of Stormy Daniels was paid $130,000 to keep quiet about sex with Donald Trump, it was clear that a bigger and more crass proposition would be emerging from the White House.
Going into the midterm elections, Trump is offering this deal to his supporters: Say nothing about the lies, the bullying, the accusations of sexual misconduct from more than a dozen women, the undermining of the rule of law, the abdication of basic decency — and in turn he will make you rich.
Essentially, it’s a payoff. Trump himself has framed it this way. When asked about his coming health exam last month, he said, “It better go well, otherwise the stock market will not be happy.” He used the same phrase when talking about his hard-line position on immigration.
Both Barack Obama and Bill Clinton oversaw spectacular gains in the stock market — among the best in history. The Dow Jones industrial average rose 227 percent during Clinton’s eight years and 149 percent under Obama.
Yet, neither of those men held the market out as hostage to a backward agenda and a deranged personality. Trump is running a bottom-line presidency — as soulless as a Kremlin bot on Facebook — in which people who know better are asked to stay quiet in exchange for a short-term payoff.
Modern presidents, dating at least to Ronald Reagan, have urged voters to ask one question going into pivotal elections: Are you better off than you were before? It’s a reasonable standard. But it has never been the leverage for allowing a democracy to collapse.
You heard some uplifting words during the State of the Union address, words with all the staying power of vapor from a sewage vent. But a more honest assessment of what this presidency represents came from Trump when he was in his element, surrounded by Mar-a-Lago cronies. “You all just got a lot richer,” he told a bejeweled and pink-faced crowd just a few hours after signing the $1.5 trillion tax cut in December.
Even as Trump spoke before Congress on Tuesday, he monetized the speech, with donors paying to have their name live-streamed across a Trump campaign web page.
A cartoon in Politico showed a naked Trump with a king’s crown and a golf club walking down a red carpet. “I know, I know,” one man says to another. “Just keep thinking about your stock portfolio.”
The question for those yet to join the enablers is: What’s the price — a record stock market in which 10 percent of Americans own 84 percent of the market wealth, a tax cut that burdens the working poor in years to come — for saying nothing?
Evangelical Christians were among the first to sign on to a Stormy Daniels proposition. In the infamous words of Tony Perkins, president of the Family Research Council, Trump gets a “do-over” for the infidelity allegation. Yes, because nothing says family values like a thrice-married man who allegedly cheats on his latest wife just after she gives birth to their son. And Pat Robertson, the mush-headed moralist who still fogs up many a television screen with his gaseous utterances, told Trump last summer, “I’m so proud of everything you’re doing.”
For these self-appointed guardians of the soul, the bargain is bigger than 30 pieces of silver: It’s a promise that Trump will continue to protect their tax-exempt empires, in the name of religious freedom.
For Republicans in Congress, the pact is more consequential. They will ignore the pleadings of career law enforcement officials in order to stoke fantasies of a deep-state coup against the president. These politicians are counting on a base that will look the other way as they undermine Robert Mueller’s investigation into Russian tampering with the election.
It’s a good bet. After Trump called the American justice system “a joke” and “a laughingstock,” after he fired the F.B.I. director because he would not pledge loyalty to him, after he told another top lawman that his wife was “a loser,” after he referred to members of the intelligence community as “political hacks,” it was all quiet on the Republican front.
He can falsely say that his State of the Union speech drew the highest audience in history — in fact, it ranked ninth since 1993 — because this president has told more than 2,000 lies in a year and hasn’t been called out for them by the people who signed on to silence.
But what happens if the bargain crumbles? What if the market tanks — as the Dow did in losing more than 500 points a few days ago? Do the sycophants bail? Or do they hold out for something more — like the lobbyists now drafting legislation and gutting regulations that affect the companies that pay them?
Beware, those of you who have made your deal with the Stormy Daniels presidency. You can take your settlement money — as the people who signed up for the fraudulent Trump University did — but you still got suckered.
I invite you to follow me on Twitter (@nytegan).”

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The lack of values, intellectual honesty, and common decency from the GOP and the so-called “Evangelical right” (not much recognizable Christianity in their words and actions) is stunning, but, unfortunately, not  very surprising.

PWS

02-03-18

 

 

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

SATURDAY SATIRE: DAVOS REPORT: TRUMP WOWS INTERNATIONAL FAT CATS WITH PROMISE THAT AMERICA WILL LEAD THE WORLD TO NEW HEIGHTS OF INCOME INEQUALITY — “Starving The Poor To Feed The Rich Will End Poverty,” Says Leader Of World’s Most Powerful Kleptocracy!

“God loves the greedy and selfish, for they shall inherit the earth, the sun, the planets, and the entire universe.”

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

WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING!

PWS

01-27-18

ELIZABETH BRUENIG @ WASHPOST: TRUMP & THE GOP WHITE NATIONALISTS ARE DECONSTRUCTING AMERICAN SOCIETY!

https://www.washingtonpost.com/opinions/trump-promised-to-unite-americans-his-policies-leave-us-more-alone-than-ever/2018/01/25/d9b60e62-0155-11e8-bb03-722769454f82_story.html

Bruenig writes:

“At his inauguration, President Trump promised to renew the unity of the American people, claiming that “through our loyalty to our country, we will rediscover our loyalty to each other.” Then, Trump seemed intent on creating a reborn civic and social consciousness, and on empowering ordinary people against big government and big money.

And yet, Trump’s administration has ushered in a virulently antisocial politics that dissolves the most basic bonds and leaves individuals powerless against both market and state. Trump, like many populists of the right, gained a foothold by promising that a resurgent nationalism could make people feel cohesive, trusting and strong again. But like his right-leaning populist predecessors, he has offered only the imaginary bonds of nationalism — the illusion of fellow-feeling and homogeneity — even as his policies destroy the real and foundational bonds of family and community in the arenas of health care, immigration, labor and more.

. . . . In its amicus brief in support of unions, the U.S. Conference of Catholic Bishops points out that the destruction of unions based on the loose interpretation of money as speech will render workers weaker than ever before. “Ironically then,” the bishops observe, “a misguided effort to protect one individual from government coercion would leave only individuals to stand against government (or economic) coercion.”

If only that world were really so far away. In reality, it is already here. What unites workfare, the annihilation of DACA and the war on unions is a totalizing individualism — the belief that people are essentially isolated individuals. That we are alone before we are together. That we are more and not less ourselves in total isolation. From that view flow policies that disregard or deny that people are, in fact, embedded in families, communities and industries, and that their bonds and obligations are powerful and ought to be respected and protected by the state. No politics issuing from that view can ever cultivate unity.

What Trump offered as an answer to the aching aloneness of Americans was nationalism, the exchange of an imagined community for actual ones, the promise of a mystic bond with people you’ll never meet even while the ones you know and love are deported, abandoned, dying. It was supposed to bring us together, supposed to make us strong. But his policies stand to leave us more alone than we’ve ever been, and in our solitude, weak.

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

Read the rest of Elizabeth’s op-ed at the link.

First, it was Mexicans, Muslims, and undocumented workers. Then came Legal Immigrants, Latinos, African-Americans, LGBTQ individuals, demonstrators, the sick, the poor, women seeking to exercise their constitutional right to abortion, unionists, Liberals, and Democrats. Don’t see YOUR GROUP on the “hit list.” Just wait. It keeps expanding, Folks like Trump and his White Nationalist buddies can’t live without an “enemy of the day” to rally their “base.”

When the GOP White Nationalists decide that YOU no longer fit their image of America, who will be left to stand up for YOUR rights. Harm to the most vulnerable members of our community, and failure to stand up for them, harms and ultimately diminishes the humanity of all of us. And, that’s how free societies are “deconstructed and destroyed.” Stand up for everyone’s rights! Just say no to Trump and his White Nationalist Cabal!

PWS

01-26-18

 

THE ICEMEN COMETH & TAKETH AWAY: FRIENDS, NEIGHBORS, HUSBANDS, WIVES, FATHERS, MOTHERS, CHILDREN, CO-WORKERS, REBUILDERS OF AMERICA — GONZO IMMIGRATION ENFORCEMENT HURTS EVERYONE! — Who Will Stand Up For YOU When YOUR Time Comes?

http://www.newsweek.com/undocumented-immigrant-celebrated-helping-rebuild-after-hurricane-sandy-pleads-791708

Chantal Da Silva reports for Newsweek:

“Just a week ago, Harry Pangemanan was being honored for helping rebuild hundreds of homes along the Jersey Shore after the devastation of Superstorm Sandy. Now, the Indonesian is pleading for protection from deportation after narrowly escaping U.S. Immigration and Customs Enforcement (ICE) agents during a raid.

ICE agents swept through Central New Jersey on Thursday morning and arrested two other Indonesians, the Deportation and Immigration Response Equipo, which tries to intervene in ICE raids, told U.S.A. Today. 

After managing to avoid arrest, Pangemanan, who has two U.S.-born children, was reportedly escorted to a local church near his Highland Park home, where he was joined by three other Indonesian Christians, to claim sanctuary, the newspaper reports.

Undocumented immigrants face deportation under President Donald Trump’s immigration crackdown MANDEL NGAN/AFP/GETTY

New Jersey Gov. Phil Murphy has since visited Pangemanan and other Indonesians seeking sanctuary at the Reformed Church of Highland Park to lend his support.

“Many of the houses that he worked on, in the lawn of the homes he was working on were big Donald Trump signs and yet he was still rebuilding those homes to get Jersey families back inside,” the church’s reverend, Seth Kaper-Dale told the governor.

Pangemanan’s plight is shared by many other undocumented immigrants who face deportation under the Trump administration’s crackdown.

Republicans and Democrats are expected to address immigration policy changes in Congress, with Democrats hoping to strike a deal to protect undocumented immigrants who were brought to the U.S. illegally as children, known as Dreamers, from deportation before February 8.

Read more: As congress debates immigration, ICE targets doctor who’s been in the U.S. for 40 years 

That’s when a short-term extension on government funding is supposed to run out, after Congress voted to briefly restore the flow of funds following a three-day government shutdown with the promise that a vote would be held on the Deferred Action for Childhood Arrivals program (DACA), which had protected dreamers before President Donald Trump officially ended it in September.

A deal to protect Dreamers would not, however, help undocumented immigrants like Pangemanan, an Indonesian Christian who fled religious persecution in 1993.

While violent persecution has affected only a small percentage of Christians in Indonesia, the largest Muslim country in the world, Open Doors U.S.A. says on its website that the overall situation for the minority “has deteriorated in recent years.”

Pangemanan, who is married and has had two U.S. born children with his wife, has tried to gain legal status after overstaying his visa, according to U.S.A. Today, but has been unable to acquire the necessary support for his asylum application.

The undocumented immigrant was responsible for leading a team of volunteers who rebuilt more than 200 homes in Monmouth and Ocean counties after they were destroyed by Superstorm Sandy in 2012.

Just last week, Pangemanan received the 2018 Dr. Martin Luther King Jr. Humanitarian Award from the Highland Park Human Relations Commission  for his work.

“I’m working. I’ve worked hard for my family,” the Indonesian told an Asbury Park Press reporter. “I’m not dependent on somebody else.”

In 2012, during the Obama administration, Pangemanan was also reportedly forced to enter sanctuary in the same church, along with a number of other Indonesian Christians who feared they would be deported by ICE agents.

At the time, ICE agents decided to give him a temporary reprieve from deportation, allowing him a “stay of removal”.

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A nation of ingrates takes aim at its friends and supporters. Happy to accept their help and labor — but, not willing to recognize their humanity and their contributions to our society.  Hmmm. Reminds me of some of the other worst parts about American history. In the end, mistreating the most vulnerable diminishes each of us. Maybe that’s how Thomas Jefferson shrunk from six feet to about six inches.

PWS

01-26-18