THE HILL: Welcoming Refugees & Other Immigrants Makes Countries Happier!

https://thehill.com/opinion/immigration/421768-countries-that-welcome-refugees-and-immigrants-are-happier

Megan A. Carney writes for The Hill:

The Department of Health and Human Services recently reported that nearly 15,000 children are being held in immigrant detention centers across the United States. Most, if not all of these children are asylum-seekers, fleeing conditions of abject violence and poverty in their home countries. Regardless of one’s outlook on immigration, it is hard not to feel extremely saddened at the thought of so many children locked up, away from their loved ones and during the holiday season no less. It is even harder to fathom how this present scenario is making anyone happy. Imagine being separated from your family this holiday season.

Recent research shows that societies more open and welcoming to refugees and immigrants experience much higher happiness gains. Based on the findings of their research, the Migration Policy Institute concluded that “policies that contribute to migrant happiness are likely to create a win-win situation for both immigrants and natives.” In other words, both native- and foreign-born populations fare better in terms of overall happiness — also referred to as subjective well-being in the social sciences — when given a policy and social environment that accepts and promotes immigration.

Conversely, oppressive or negative attitudes toward immigrants and refugees are associated with declines in subjective well-being. Findings from a recent survey of 27 nations by the Pew Research Center suggest that many people worldwide, including a whopping 82 percent of Greeks, 72 percent of Hungarians, 71 percent of Italians, and 58 percent of Germans oppose immigration. That’s (potentially) a lot of unhappy people.

Policies and practices that restrict immigration such as building border walls, placing bans on certain nationalities from entering a country, and detaining and deporting individuals who lack legal status, may not only lead to happiness declines. They also heighten people’s fears and anxieties, predisposing them to negative psychological and physical health outcomes.

My research with Latin American communities in the U.S. for instance, has shown that immigrants’ fears and anxieties around the possibility of surveillance, detention, and deportation can lead to poor health in the form of depression, anxiety disorders, and avoidance of health care settings and providers.

What distinguishes societies that are more accepting of immigrants versus those that are less accepting?

This is a question that has been at the center of my own research in comparing contexts of immigrant reception in the U.S. and Italy for several years. In Italy, I’ve been particularly intrigued by the emergence of solidarity initiatives and networks between citizens and noncitizens that seek to collectivize risk and improve overall material and subjective well-being.

Building on findings from the medical and social sciences that societies rich in social capital, less unequal, and more egalitarian show higher life expectancies on average, one hypothesis of this research is that the promise of improved subjective well-being incentivizes people to enact solidarities such as take actions to feel aligned with one another — across lines of race, class and citizenship.

At a time of especially pronounced hostilities toward refugees and immigrants in the U.S., it is perhaps unsurprising that the U.S. trails far behind (18th) in world happiness rankings. Punitive immigration policies and negative attitudes toward immigrants not only harm the people directly targeted. These practices may also represent a sort of self-harm to the segment of the population that is native-born.

As the end of the year draws to a close, many of us exchange gifts because we think it will bring some shred of happiness. In our quest to spread this joy and bring more of it into our lives, perhaps this year more of us can act more humanely and compassionately toward refugees, asylum-seekers, immigrants, and other displaced persons who comprise an ever-growing segment of the global population.

Megan A. Carney is assistant professor in the School of Anthropology at the University of Arizona and a Public Voices Fellow with The Op-Ed Project. She is the author of “The Unending Hunger: Tracing Women and Food Insecurity Across Borders” and director of the UA Center for Regional Food Studies.

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Countries that allow themselves to be “led” by sociopaths, not so much!
PWS
12-26-18

CHRISTMAS EVE @ COURTSIDE: A Muslim Gets The Message Of Christ Better Than Many Christians!

https://www.nytimes.com/2018/12/22/opinion/muslim-christian-trump-supporters.html

By Wajahat Ali

NY Times Contributing Opinion Writer

Image

A Christmas nativity scene.CreditCreditAmir Levy/Getty Images

At Bellarmine, an all-boys Catholic school in San Jose, Calif., I was often the token Muslim and probably the only person who began freshman year thinking the Eucharist sounded like the name of a comic book villain. I eventually learned it’s a ritual commemorating the Last Supper. At the monthly Masses that were part of the curriculum, that meant grape juice and stale wafers were offered to pimpled, dorky teenagers as the blood and body of Christ.

During my time there, I also read the King James Bible and stories about Jesus, learned about Christian morality, debated the Trinity with Jesuit priests and received an A every semester in religious studies class. Twenty years later, I can still recite the “Our Father” prayer from memory.

Growing up, I’d been taught that Jesus was a major prophet in Islam, known as “Isa” and also referred to as “ruh Allah,” the spirit of God born to the Virgin Mary and sent as a mercy to all people. Like Christians, we Muslims believe he will return to fight Dajjal, or the Antichrist, and establish peace and justice on earth. But it was everything I learned in high school that came together to make me love Jesus in a way that made me a better Muslim.

Even though I don’t personally celebrate Christmas, the season always makes me think of his legacy of radical love. This year, it’s especially hard to understand how Trump-supporting Christians have turned their back on that unconditional love and exchanged it for nativism, fear and fealty to a reality TV show host turned president.

According to a Washington Post/ABC poll conducted in January, 75 percent of white evangelicals in the United States — compared with 46 percent of American adults over all — said “the federal crackdown on undocumented immigrants” was a positive thing. Sixty-eight percent of them believe America has no responsibility to house refugees, according to a Pew Research poll conducted in April and May.

The numbers aren’t quite as jarring when we look at different slices of religious America. According to a PRRI poll conducted in late August and early September, 59 percent of Catholics and 75 percent of black Protestants view Trump negatively. Still, I can’t fathom how anyone who knows the Jesus I encountered at Bellarmine could be comfortable with this administration.

Jesus was a humble carpenter from Nazareth who miraculously fed 5,000 people but never humiliated them with condescending lectures about God favoring those who pull themselves up by their bootstraps. Mr. Trump has expressed enthusiasm for gutting the Supplemental Nutrition Assistance Program, the nation’s most important anti-hunger program, by adding unnecessary and cruel work requirements for food stamp recipients.

Mr. Trump also chose Ben Carson, a neurosurgeon who admitted he isn’t qualified to run a federal agency, to head the Department of Housing and Urban Development. Dr. Carson, who says his Christian faith helps him “serve the nation even better,” tweeted he’s “moving more people toward self-sufficiency” by advocating huge cuts to housing aid, increased rent and more stringent work requirements. In high school, I must have missed the sermon where Jesus told the poor, hungry and homeless to stop asking God for handouts.

President Trump and Republicans have also waged a nonstop war on Obamacare for nine years, allowing 14 states to opt out of Medicaid expansion, leaving four million eligible Americans unable to enroll. The Jesus I met in high school healed a blind man. Guess what he didn’t do? Rail against the socialist evils of taking care of people’s health.

The Jesus I know commanded, “You shall love your neighbors as yourself.” He didn’t add “unless they are undocumented immigrants or Muslim or gay.” He would welcome refugees from Central America, feed them, wash their feet. He would have been horrified at the conditions that led 7-year-old Jakelin Caal to die of dehydration and shock in Border Control custody after seeking refuge in this country with her father.

Christianity isn’t unique: Every religion is abused as such by some of its followers and manipulated to advance political agendas. But the hypocrisy of white Evangelical Christians’ support for Trump in light of his undeniable cruelty and apathy — toward refugees, Puerto Rican citizens recovering from a devastating hurricane, victims of California fires and a newspaper columnist killed by Saudi Arabia — is too much to bear. Despite this barrage of hate, Evangelical leaders like Franklin Graham still support Mr. Trump because they believe he “defends the faith.” How?

Our school’s motto was “Men for others,” a reminder that the Christian faith should be lived through active selfless service. Judging from the type of Christianity that is practiced and preached by some Trump supporters, they must know a Jesus whose message is “Every man for himself.”

At Bellarmine, we had to perform 100 hours of community service before graduating. I volunteered at the senior center and the local homeless shelter, where my friends and I cleaned the kitchen and packed peanut butter and jelly sandwiches for struggling men and women, most of them eager for employment.

This Christmas, I hope Trump-supporting Christians try to find compassion for people who are similarly suffering. I hope they open their Bible and reflect on James 2:14: “What good is it, my brothers and sisters, if someone claims to have faith but has no deeds? Can such faith save them?”

Thankfully, I know many Christians who resemble Jesus, investing their life to uplifting vulnerable people. Mr. Trump’s supporters should meet Sister Simone Campbell, who in 2012 organized Nuns on the Busto oppose the Paul Ryan-backed budget plan’s assault on social programs for the poor. They should join the Rev. William Barber II of North Carolina, who has revived the Rev. Dr. Martin Luther King Jr.’s Poor People’s Campaign to fight racism and income inequality. They should donate to Sister Norma Pimental of Catholic Charities of the Rio Grande Valley, which runs a “respite center” in McAllen, Tex.,offering food, clothes and shoes to people seeking asylum.

These are the kinds of Christians who I believe are following the lessons and footsteps of Jesus, the prophet I met and loved as a Muslim at a Catholic high school. This Christmas, I hope some of the Christians who support President Trump can meet him too.

Wajahat Ali is a playwright, lawyer and contributing opinion writer.

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There’s no doubt that if Jesus were here today he’d be holed up with the migrants waiting on the Mexican side of our Southern Border for a chance at justice or whiling aways the hours in DHS detention. One place he’d never be found would be in the West Wing, Mar A Lago, or any far right Evangelical Church that preaches doctrines of exclusion, intolerance, and “beggar thy neighbor.”

And when his time came, Jesus, as a scruffy, unemployed, uneducated, single Palestinian male who led a ragtag band of similarly unemployed men and was considered to be a subversive by the authorities would be given short shrift by the U.S. system and returned to those who would torture and kill him.

Something to think about.

Merry Christmas/Happy Holidays

PWS

12-24-18

🎄👍😎

 

JRUBE @WASHPOST: “Horrifying indifference to children’s lives”

https://www.washingtonpost.com/opinions/2018/12/16/horrifying-indifference-childrens-lives/

Rubin writes:

The Post reported this week:

A 7-year-old girl from Guatemala died of dehydration and shock after she was taken into Border Patrol custody last week for crossing from Mexico into the United States illegally with her father and a large group of migrants along a remote span of New Mexico desert, U.S. Customs and Border Protection said Thursday. . . .

According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in.

More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.”

The Department of Homeland Security’s statement in response to reports of the child’s death was a moral and legal disgrace:

Traveling north through Mexico illegally in an attempt to reach the United States, is extremely dangerous. Drug cartels, human smugglers and the elements pose deadly risks to anyone who seeks to cross our border illegally. Border Patrol always takes care of individuals in their custody and does everything in their power to keep people safe. Every year the Border Patrol saves hundreds of people who are overcome by the elements between our ports of entry. Unfortunately, despite our best efforts and the best efforts of the medical team treating the child, we were unable to stop this tragedy from occurring.

“Once again, we are begging parents to not put themselves or their children at risk attempting to enter illegally. Please present yourselves at a port of entry and seek to enter legally and safely.”

For starters, the federal government is responsible for the health and welfare of anyone it detains — whether it is a criminal in a prison, a child in its foster-care system or families detained at the border. Regardless of what the children’s parents did or did not do, the United States has an obligation to the children the moment it detains them. Not to give food and water, or to check the health of those it has in custody, is inexcusable. Blaming the parents as Homeland Security Secretary Kirstjen Nielsen did (“This is just a very sad example of the dangers of this journey. This family chose to cross illegally”) reflects her legal and moral obtuseness. In our care, the child’s welfare became our responsibility.

“This tragedy represents the worst possible outcome when people, including children, are held in inhumane conditions,” the ACLU’s Border Rights Center said in a statement. “Lack of accountability, and a culture of cruelty within CBP have exacerbated policies that lead to migrant deaths.” The ACLU continued, “In 2017, migrant deaths increased even as the number of border crossings dramatically decreased. When the Trump administration pushes for the militarization of the border, including more border wall construction, they are driving people fleeing violence into the deadliest desert regions.” The statement pointed out that the incident wasn’t reported for a week. “We call for a rigorous investigation into how this tragedy happened and serious reforms to prevent future deaths,” the statement concluded.

Frank Sharry, executive director of America’s Voice, a progressive pro-immigration group, also responded. Sharry pointed out that a “tragic and preventable death of an innocent seven-year old girl should not be seen as a mistake made in an otherwise humane system, but rather a deliberately cruel and dehumanizing system that has produced yet another death.” His statement asserted that CBP’s holding facilities are characterized by “freezing temperatures, no beds, lights left on, no showers, not enough toilets or toilet paper, filthy conditions, horrible smell, inedible food and not enough clean water to drink, and [are] run by insulting and abusive agents.” The system the administration has set up is seemingly designed to inflict the maximum amount of suffering in a failed attempt to deter migrants:

[The] strategy has many components: tell those who want asylum to request it at ports of entry while making it nearly impossible to request asylum at ports of entry; prosecute those who present themselves to Border Patrol agents between ports of entry for “illegal entry;” separate families in numbers large (now halted by a federal judge) and small (under the flimsy pretext of protecting children from “criminal family members”); detain as long as possible those who seek asylum; lock up minors who arrive unaccompanied minors and scare away their U.S.-residing parents and relatives who want to sponsor them by threatening to arrest and detain those who come forward; and gut asylum standards by unilaterally changing the bases for deciding cases, pressuring trained Asylum Officers to reduce their high rates of deeming Central Americans as having a credible fear of return, and bullying Immigration Judges to deny cases when finally adjudicated.

Now if a pregnant migrant asserts her right to seek an abortion, this administration will go to any lengths to protect the life of the unborn child; for the already-born minors (and adults) in its custody, however, the administration cannot be bothered to ensure humane and safe conditions.

Under the Republican-majority House and Senate, rigorous oversight of the Department of Homeland Security and legislation to try to ameliorate these conditions were all but impossible. With a Democratic-majority House, this will no longer be the case. The House Judiciary Committee will be headed by Jerrold Nadler (D-N.Y.) in the new Congress. He left no doubt as to his intention to get to the bottom of the tragedy and the conditions that allowed this to occur:

On Friday, Nadler and Democrats who will head House Judiciary subcommittees sent a letter to the inspector general for the Department of Homeland Security requesting the IG “initiate an investigation into this incident, as well as CBP policies or practices that may have contributed to the child’s death [and] CBP’s failure to timely notify Congress of this incident.” The letter told the IG, “It is hard to overstate our frustration with the fact that we learned of this incident through media reports one week after the incident occurred. It is clear that CBP failed to follow the reporting requirements laid out in last year’s omnibus appropriations bill until after the news of this death was already public.”

With adequate border security and staffing, a sufficient number of immigration judges deployed to handle the caseload, reversal of the administration’s deliberately cruel policies, and effective diplomacy with and provision of assistance to the countries from which these people are fleeing for their lives, the current, intolerable situation should improve.

It’s a cruel irony that Trump has portrayed refugees as a threat to Americans. In fact, the reverse is true.

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Rubin is right.  Part of this Administration’s cruel scheme here is to deflect attention from the real threat to our national security and Constitution presented by Trump and his corrupt, scofflaw gang. And, in the long disgraceful tradition of cowards, bullies, and authoritarians, he does so by attacking the most vulnerable and least able to defend themselves, playing on racism and nationalist jingoism.

That’s why the New Due Process Army is such an important force for protecting the human and legal rights of migrants, and by so doing, protecting the rights of all Americans against Executive abuse!

PWS

12-17=18

 

NATION’S SHAME: ADMINISTRATION’S POLICY OF CRUELTY TOWARD CHILDREN WILL HAUNT US FOR MANY YEARS: “What the Trump administration does is force Americans to fight for things that should be uncontroversial, common-sense humanitarian principles; we now spend so much time reacting to a new set of atrocities that there is no energy left for anything else.”

https://apple.news/A9OIp3x0DQLqC27X2vxP05A

Jay Willis writes in GQ:

This fall, after national outrage over the Trump White House’s “zero-tolerance” immigration policy forced it to begrudgingly wind down the practice of separating families at the border, administration officials began looking for a new method of implementing xenophobia as official government policy. They found it, apparently, by recruiting volunteers to serve as temporary guardians of unaccompanied minors—and then, if volunteers’ background checks indicated that they were undocumented, detaining those people and preparing them for deportation.

According to the San Francisco Chronicle, 170 individuals who offered to open up their homes—again, to children, many of whom were in federal custody because of the aforementioned separation policy, and who were otherwise forced to live in tent camps and converted warehouses until their immigration status could be resolved—have been arrested over the past few months for their displays of kindness. Of that group, 109 had no criminal record whatsoever.

On Thursday, The Washington Post reported the death of a 7-year-old Guatemalan girl who, along with her father and a larger group of immigrants, turned herself in to Border Patrol agents in a remote area of New Mexico last week. More than eight hours later, she began having seizures; first responders found that she had a fever of 105.7 degrees and hadn’t had food or water in days. She went into cardiac arrest and died of shock and dehydration shortly thereafter.

The agency’s response, which is laden with all the meaningless corporate bromides typically deployed to convey the appearance of sincerity, is more or less “tough shit”:

I suppose the events of this year should have dispelled the notion that when it comes to immigration, anyone associated with this regime would be inclined to momentarily suspend their prejudices to do a kind and decent thing. Yet somehow, the disgracefulness of DHS’s sting operation is still astonishing. The purpose of releasing kids to “qualified adults” is to make life better for innocent children, victims of a broken system in which they have no voice; literally the only relevant question is Will this person provide a safe place for them to live? But the administration cannot stop itself, this time preying on the basic human instinct to care for children, all in the service of rounding up a few more brown people.

The Chronicle notes that the number of children in custody has increased over the past few months—a trend observers blame on the spike in these background-check arrests. This means that despite the official end of the family-separation policy, more kids are being held in overcrowded jails, because their captors have cut off the power of otherwise willing caretakers to do anything about it. If you are lucky and don’t die in Border Patrol custody, a different set of government policies ensures that you’re still going to languish there for the foreseeable future.

There are bills on Capitol Hill that would bar DHS from doing this sort of thing. In the Senate, nine Democrats have signed on to the Families Not Facilities Act, first introduced in November, while in the House, 39 Democrats and two Republicans—both of whom just lost their re-election bids—are co-sponsors of an analogue. “Right now, unaccompanied children are being held in detention facilities or living in tent cities due in part to potential sponsors’ fear of retribution from ICE,” said California senator Kamala Harris in November. “This is an unacceptable obstacle to getting these children into a safe home, and we must fix it.”

The power of bigotry lies in the persistence of those who implement it—in their willingness to commit to it at all times, no matter the circumstances, no matter how dangerous or unconscionable, so as to never invite uncomfortable questions about why bigotry is acceptable in the first place. Death becomes just a risk that prisoners choose to assume, and volunteer caregivers open themselves up to the possibility of becoming prisoners as well.

What the Trump administration does is force Americans to fight for things that should be uncontroversial, common-sense humanitarian principles; we now spend so much time reacting to a new set of atrocities that there is no energy left for anything else. It is a policymaking war of attrition, and its goal is less to change people’s minds than it is to wear them out.

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Yup. Well said!

There is only one “right side of history” on this one. Sure it’s exhausting and frustrating to spend energy that should be spent on improving the system for everyone instead resisting gross violations of legal, Constitutional, and human rights engineered by a White Nationalist regime. But, that’s what the New Due Process Army, “Our Gang,” and many others on the right side of history are all about!

PWS

12-16-18

GENDER-BASED PERSECUTION IN THE FORM OF DOMESTIC VIOLENCE KILLED 87,000 WOMEN LAST YEAR, & UNDOUBTEDLY MAIMED, DISABLED, TORTURED, & DISFIGURED MANY MORE – Jeff Sessions Misrepresented Facts & Manipulated Law To Deny Protection To Victims & Potential Vctims In Matter of A-B- — Dead Women Can’t “Get In (The Non-Existent) Line,” Gonzo! – It’s A “Pandemic” Aided, Abetted, & Encouraged By Corrupt Officials Like Sessions

https://www.huffingtonpost.com/entry/domestic-violence-most-common-killer-of-women-united-nations_us_5bfbf61ee4b0eb6d931142ac

Alanna Vagianos reports for HuffPost:

The most dangerous place for women is in their own homes, a new report from the United Nations concludes.

The U.N. Office on Drugs and Crime (UNODC) released the “Global Study on Homicide: Gender-related Killing of Women and Girls” on Sunday to coincide with the International Day for the Elimination of Violence Against Women. The report analyzed the violence perpetrated against women worldwide in 2017, looking at intimate partner violence and family-related killings such as dowry- and honor-related murders.

Last year, 87,000 women were murdered around the world, and more than half (50,000 or 58 percent) were killed by partners or family members. Over a third (30,000) of those intentionally killed last year were murdered by a current or former intimate partner. This means that, globally, six women are killed every hour by someone they know.

U.N. Secretary-General António Guterres described violence against women as a “global pandemic” in a Sunday statement marking the international day of recognition.

“It is a moral affront to all women and girls, a mark of shame on all our societies and a major obstacle to inclusive, equitable and sustainable development,” he said. “At its core, violence against women and girls is the manifestation of a profound lack of respect ― a failure by men to recognize the inherent equality and dignity of women. It is an issue of fundamental human rights.”

The U.N. report also highlighted that women are much more likely to die from domestic violence than men are. According to the study, 82 percent of intimate partner homicide victims are women and 18 percent are men.

“While the vast majority of homicide victims are men, women continue to pay the highest price as a result of gender inequality, discrimination and negative stereotypes. They are also the most likely to be killed by intimate partners and family,” UNODC Executive Director Yury Fedotov said.

The study suggested that violence against women has increased in the last five years, drawing on data from 2012 in which 48,000 (47 percent) of female homicides were perpetrated by intimate partners or family members.

Geographically, Asia had the most female homicides (20,000) perpetrated by intimate partners or family members in 2017, followed by Africa (19,000), North and South America (8,000), Europe (3,000) and Oceania (300). The U.N. does point out that because the intimate partner and family-related homicide rate is 3.1 per 10,000 female population, Africa is actually the continent where women are at the greatest risk of being murdered by a partner or family member.

Head over to the U.N. study to read more. 

HuffPost’s “Her Stories” newsletter brings you even more reporting from around the world on the important issues affecting women. Sign up for it here.

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Sessions is already America’s most notorious unpunished child abuser! Now, he can add “aiding and abetting domestic violence” and “voluntary manslaughter” to the many human rights and civil rights violations and transgressions of the teachings of Jesus Christ for which he will someday have to answer to his Maker (even if he has the undeserved good fortune to escape “earthly accountability” for his actions).

Meanwhile, advocates should be using the factual information in this report and other expert opinions on the “pandemic” to overcome the fabricated factual and legal basis for Matter of A-B- and the bogus arguments manufactured by restrictionists..

The real “particular social group” staring everyone in the face is “women in X country.” It’s largely immutable and certainly “fundamental to identity,” particularized, and socially distinct. It clearly has a strong nexus to the grotesque forms of harm inflicted on women throughout our world. And, there is an ever-growing body of expert information publicly available to establish that, totally contrary to Sessions’s bad-faith distortion of the record in A-B-, many countries of the world are unwilling, unable, or both unwilling and unable to offer a reasonable level of protection to women facing gender-based persecution in the form of DV. 

Sessions has unwittingly set the wheels of positive change in motion! It’s time to force judges at all levels, legislators, and government officials to recognize the reality of gender-based persecution in today’s world and that it is one of the major forms of persecution clearly covered by the U.N. Convention.

Forget about the bogus “floodgates” argument.  The U.N. Convention came directly out of World War II and was intended to insure that the Holocaust and the “Red Terror” did not happen again.  The definition would clearly have covered most of the pre-War European Jewish population and tens of millions (perhaps hundreds of millions) of individuals stuck behind the Iron Curtin. If the numbers are large, then it’s up to the signatory countries to come together, pool resources, and think of constructive ways of addressing the problems that generate refugee flows, not just inventing creative ways of avoiding their legal and moral responsibilities.

Don’t repeat 1939! Due Process Forever! Join the “New Due Process Army” and fight for human rights, human values, and human decency against the selfish forces of darkness and dishonesty who have gained control of too many countries in the Western World (including, sadly, our own)!

PWS

11-27-18

 

ATTENTION DC AREA “COURTSIDERS!” – Come Hear My FREE Presentation On Contemporary Immigration Issues @ Fairlington United Methodist Church in Alexandria, VA on Wednesday, Nov. 14 @ 7:00 PM (Dinner for nominal cost @ 6 PM, RSVP for dinner only)

FAIRLINGTON UNITED METHODIST CHURCH IS LOCATED AT:
3900 King Street
Alexandria, VA 22302
(Right near the King Street/Route 7 Exit off I-395)

Immigration event at Fairlington United Methodist Church

 

Immigration 102: Not Like What’s on TV

What happens to immigrants once they arrive in the US?

Wednesday, November 14

7:00 pm to 8:00 pm in the Fellowship Hall

Fairlington United Methodist Church

3900 King Street, Alexandria, VA 22302

Featuring

Judge (Retired) Paul Wickham Schmidt

The presentation is free-of-charge and open to the public.

Join us for recently retired United States Immigration Judge Paul

Wickham Schmidt’s entertaining overview of our immigration system,

or our “National Club” as he terms it. Who is

favored? Who is excluded? Who are the

outcasts? Where do refugees fit in? Trial

judge, appellate judge, chief appellate judge,

prosecutor, government senior executive, big

law partner, manager, advocate, teacher,

writer, civil servant in Administrations of both

parties, Judge Schmidt has “seen it all” in his

43-year career in immigration law. Judge

Schmidt’s presentations on immigration will

provoke a lively discussion.

You are welcome early for our family dinner at 6pm.

Cost for Dinner: $10 per individual or $25 per family.

RSVP for Dinner: Rev. Christian White (703) 671-8557

christian@fairlingtonumc.org

Picture credits: Tal Kopan & Jeffrey Chase

 

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Hope to see many of you there!

PWS

11-08-18

MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

Stern writes:

Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

His successor could be even worse.

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

Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

The scary thing: Stern is right — “His successor could be even worse.”  If so, the survival of our Constitution and our nation will be at risk!

PWS

11-06-18

NO LONGER SUBTLE: Racism, Hate, Intolerance, Lies, Fear-Mongering Against Immigrants At Core Of Trump GOP’s Midterm Pitch! -– The Ugliest Side Of American History & Politics Rears Its Head!

https://apple.news/AxHra5TtoTEqR96pQ3ermwA

RUCKER AND FELICIA SONMEZ report for the Washington Post:

COLUMBIA, Mo. — President Trump, joined by many Republican candidates, is dramatically escalating his efforts to take advantage of racial divisions and cultural fears in the final days of the midterm campaign, part of an overt attempt to rally white supporters to the polls and preserve the GOP’s congressional majorities.

On Thursday, Trump ratcheted up the anti-immigrant rhetoric that has been the centerpiece of his midterm push by portraying a slow-moving migrant caravan, consisting mostly of families traveling on foot through Mexico, as a dangerous “invasion” and suggesting that if any migrants throw rocks they could be shot by the troops that he has deployed at the border. The president also vowed to take action next week to construct “massive tent cities” aimed at holding migrants indefinitely and making it more difficult for them to remain in the country.

“If you don’t want America to be overrun by masses of illegal aliens and giant caravans, you better vote Republican,” Trump said at a rally here Thursday evening.

The remarks capped weeks of incendiary rhetoric from Trump, and they come just five days after a gunman reportedly steeped in ­anti-Jewish conspiracy theories about the migrant caravan slaughtered 11 people at a Pittsburgh synagogue in what is believed to be the worst anti-Semitic attack in U.S. history.

Trump has repeatedly cast the migrants as “bad thugs” and criminals while asserting without evidence that the caravan contains “unknown Middle Easterners” — apparently meant to suggest there are terrorists mixed in with the families fleeing violence in Honduras and other Central American nations and seeking asylum in the United States. The president also said Wednesday that he “wouldn’t be surprised” if liberal donor George Soros had funded the migrant groups — echoing the conspiracy theory that is thought to have influenced the accused Pittsburgh shooter.

Trump questioned again at Thursday night’s rally whether it was really “just by accident” that the caravans were forming.

“Somebody was involved, not on our side of the ledger,” Trump told the crowd. “Somebody was involved, and then somebody else told him, ‘You made a big mistake.’ ”

He also called birthright citizenship a “crazy, lunatic policy,” warning that it could allow people such as “a dictator who we hate and who’s against us” to have a baby on American soil, and “congratulations, your son or daughter is now an American citizen.”

Many of Trump’s Republican acolytes, from Connecticut to California, have followed his lead in the use of inflammatory messages, including an ad branding a minority Democratic candidate as a national security threat and a mailer visually depicting a Jewish Democrat as a crazed person with a wad of money in his hand.

Trump and his supporters argue that the media and the president’s political opponents call racism or anti-Semitism where none exists as a way to demean him and divide Americans. At a campaign rally Wednesday night in Estero, Fla., Trump sought to link his supporters to the accusations.

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“We have forcefully condemned hatred, bigotry, racism and prejudice in all of its ugly forms, but the media doesn’t want you to hear your story,” Trump said. “It’s not my story. It’s your story. And that’s why 33 percent of the people in this country believe the fake news is, in fact — and I hate to say this — in fact, the enemy of the people.”

Meanwhile, an online campaign video personally promoted by Trump this week was denounced by Democrats and some Republicans on Thursday as toxic or even racist.

The footage focuses on Luis Bracamontes, a twice-deported Mexican immigrant who was given a death sentence in April for killing two California law enforcement officers in 2014. The recording portrays him as the face of the current migrant caravan, when in fact he has been in prison for four years.

The 53-second video is filled with audible expletives and shows Bracamontes smiling as he declares, “I killed f—— cops.” With a shaved head, a mustache and long chin hair, Bracamontes shows no remorse for his crimes and vows, “I’m going to kill more cops soon.”

Trump shared the video Wednesday afternoon with his 55.5 million followers on Twitter, and it remained pinned atop his Twitter page the next day. As of late Thursday afternoon, the video had been viewed 3.5 million times.

Ohio Gov. John Kasich (R), a potential 2020 challenger to the president, said Trump crossed a new Rubicon by posting the video.

“We all go through periods where we’re in a tough race and we’ve got to figure out what we should do, but at some point there’s just an ethical line that you should not cross, and I think it’s been crossed here,” Kasich said in an interview. “This latest ad is an all-time low. It’s a terrible ad, it’s designed to frighten people and it’s wrong.”

Rep. Bennie Thompson (D-Miss.) sounded a similar note, saying in a statement Thursday that Trump and Republicans “are so desperate to distract voters from their failures on everything from health care to foreign policy, they have sunk to new lows with hateful rhetoric and racist campaign ads.”

Five days from Election Day, the video underscored the dilemma facing Democrats as they work to calibrate their response to the president’s increasingly incendiary language on race and immigration.

Democratic strategist Donna Brazile said leaders of her party have two schools of thought about Trump’s video and his caravan rhetoric in general. She said they fear that reacting to it only allows the president to dictate the terms of the debate and “spread the toxins into the bloodstream of the electorate,” but that the tone is so appalling — especially coming from the president himself — that they feel compelled to speak out.

“Trump has opened up a whole new playbook to sow discord and to weaponize hate,” Brazile said. “Everyone has seen low politics. We’ve all done low politics. But Lee Atwater would be shocked at the vitriol we’re seeing today — and, man, Lee was scrappy. This is virulent. It’s bone-chilling. It’s like a toxin.”

Atwater, who died in 1991, was a Republican consultant who was known for crafting culturally divisive messages.

Rep. David N. Cicilline (D-R.I.) described the video as a “horribly racist” attempt by Trump to “prey on people’s fears and lack of information about how the immigration system works.”

Some conservatives, meanwhile, cheered the president for ramping up his focus on an issue that helped push him to victory in 2016. “The clip of convicted cop murderer Luis Bracamontes laughing in a Calif. court is something every American should see,” Fox News host Laura Ingraham wrote in a tweet.

Republican strategists say Trump’s immigration push is helping the party here in Missouri, where state Attorney General Josh Hawley is trying to unseat Democratic Sen. Claire McCaskill. Race has been a sensitive issue in the state, which was rocked by unrest in 2014 after an unarmed 18-year-old African American man was fatally shot by a white police officer in Ferguson, Mo.

Ahead of his rally here Thursday in Columbia, the speakers blared “We Are The World,” Michael Jackson’s ode to peace and inclusiveness. Several white supporters interviewed at the event rejected the notion that the president is racially divisive — and they said they resented the very suggestion.

“He’s not a racist president and I’m not a racist,” said Meredith Leon, 65, a retired small-business owner from Columbia. “We want law and order and justice for all people. I’m fed up with everything being race, race, race. Fed up!”

David Ewing, 59, a farmer in Tebbetts, Mo., said he supports Trump’s immigration agenda “100 percent.”

“I don’t think he’s racist,” Ewing said. “It’s just the far left trying to do anything they can to stop him. I ignore them, really.”

As Trump has intensified his rhetoric, a growing number of Republican candidates across the country have followed suit. Some feature graphic anti-immigrant messages and images in their campaign ads, while others have been accused of inciting anti- Semitic or anti-Muslim sentiment.

In Tennessee, a recent ad for Republican Senate nominee Marsha Blackburn features footage of the caravan and warns that it includes “gang members, known criminals, people from the Middle East, possibly even terrorists.” The ad also slams Blackburn’s Democratic opponent, Phil Bredesen, for stating that the caravan is “not a threat to our security.”

An ad released Thursday by Pennsylvania Republican gubernatorial nominee Scott Wagner features ominous music along with footage of the caravan. “A dangerous caravan of illegals careens to the border, two more behind it, and liberal Tom Wolf is laying out the welcome mat,” the ad declares, referring to the state’s Democratic governor.

A Facebook ad being run by the campaign of Rep. Rob Woodall (R-Ga.) features a photo of three heavily tattooed Latino men with the message, “I will protect Georgia from violent criminal gangs.”

And in California, the campaign of Rep. Duncan D. Hunter (R-Calif.), who has been indicted on charges of alleged misuse of campaign funds, has called his opponent, Ammar Campa-Najjar, a “national security threat” with “close family connections” to Islamist militant groups. The 29-year-old Democrat’s grandfather, who died 16 years before he was born, was a key planner of the 1972 attack on Israeli athletes at the Munich Olympics. Campa-Najjar has condemned the attack.

“Instead of making an affirmative case for his own record, he’s trying to disparage the character of a fellow American,” Campa- Najjar said in an interview. “I think that speaks volumes about his policy record.”

The messaging has filtered down to local races as well. In Connecticut, a mailer recently sent out by Republican state Senate nominee Ed Charamut’s campaign depicts Democrat Matthew Lesser as holding a wad of money with a crazed look in his eyes. Lesser is Jewish, and the ad has been denounced for promoting anti-Semitic stereotypes.

After first defending the ad, Charamut’s campaign later issued an apology to Lesser, acknowledging that “the imagery could be interpreted as anti-Semitic.”

Some candidates who have long made inflammatory remarks on immigration and race have found themselves facing a backlash in recent days. Rep. Steve King ­(R-Iowa), who met in August with representatives of a far-right Austrian party and declared that “Western civilization is on the decline,” was publicly rebuked Tuesday by Rep. Steve Stivers (R-Ohio), the head of the National Republican Congressional Committee. King, who previously retweeted a self-described “Nazi sympathizer” and endorsed a Toronto mayoral candidate who appeared on a neo-Nazi podcast, has also seen companies such as Land O’Lakes withdraw their support for his campaign.

Trump’s rhetoric also has prompted outrage from a handful of lawmakers from his party, particularly those who are departing Congress or are in Democratic-leaning districts. Republican leadership has largely remained silent.

Sen. Jeff Flake (R-Ariz.), a frequent critic of Trump who is retiring at the end of his current term, said in a tweet Thursday that the ad featuring Bracamontes was “sickening” and that “Republicans everywhere should denounce it.”

Rep. Carlos Curbelo (R-Fla.), whose district was won by Hillary Clinton by 16 points in 2016, said on CNN that while he hadn’t seen the ad, it was “definitely part of a divide-and-conquer strategy that a lot of politicians, including the president, have used successfully in the past.”

“I hope this doesn’t work,” Curbelo said. “I hope that type of strategy starts failing in our country, but that’s up to the American people.”

Sonmez reported from Washington. Sean Sullivan, Matt Viser and Eli Rosenberg in Washington contributed to this report.

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. Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local news reporter.

Felicia Sonmez is a national political reporter covering breaking news from the White House, Congress and the campaign trail. She was previously based in Beijing, where she worked for Agence France-Presse and The Wall Street Journal.

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I always find it interesting when individuals who support, promote, and enable racist agendas “bristle” when confronted with the truth about their actions. Jeff Sessions is one great example of that phenomenon. But, it is what it is. Trump and his brand of GOP are running on an overtly racist platform; support for Trump simply can’t be detached from the reality of what he promotes and stands for — hate, dishonesty, intolerance, and frankly, a very grim future for a country that can’t get its act together and celebrate and use the skills, creativity, dedication, and humanity of all of its inhabitants. Whether you are conservative or liberal, the Trump platform of racism and hate can’t possibly be the keys to success as a nation. We need responsible moral leadership in American. It certainly can’t come from Trump or the GOP at this time in our history.

Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!

PWS

11-02-18

NPR: “THIS AMERICAN LIFE” – HEAR ABOUT HOW THE WHITE NATIONALIST RESTRICTIONISTS IN THE TRUMP ADMINISTRATION ARE GOING ABOUT SYSTEMATICALLY AND DISINGENUOUSLY PERVERTING US IMMIGRATION LAWS – Useless, Counterproductive, & Expensive Prosecutions Of Asylum Seekers – When The Facts Don’t Support Your Decisions, Just Delete Or Misrepresent Them!

https://www.thisamericanlife.org/656/let-me-count-the-ways

 

Yes, youʼve heard about the family separations. Youʼve heard about the travel ban. But there are dozens of ways the Trump administration is cracking down on immigration across many agencies, sometimes in ways so small and technical it doesnʼt make headlines. This week, the quiet bureaucratic war that’s even targeting legal immigrants.

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Long, but highly documented, compelling, and well worth the listen if you really want to know about the ugly, depraved policies of Trump, Sessions, Miller, Nielsen, Cissna, Gene Hamilton, and the rest of the White Nationalist Racist Brigade.

Regime Change, Regime Change, Regime Change; Vote, Vote, Vote!

PWS

09-29-18

 

INSIDE THE TRUMP-SESSIONS “NEW AMERICAN GULAG” — “It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’”

https://www.huffingtonpost.com/entry/family-detention-center-border_us_5b7c2673e4b0a5b1febf3abf

Catherine Powers writes in HuffPost:

In July, I left my wife and two little girls and traveled from Denver to Dilley, Texas, to join a group of volunteers helping migrant women in detention file claims for asylum. I am not a lawyer, but I speak Spanish and have a background in social work. Our task was to help the women prepare for interviews with asylum officers or to prepare requests for new interviews.

The women I worked with at the South Texas Family Residential Center in Dilley had been separated from their children for up to two and a half months because of a policy instituted by the Trump administration in April 2018, under which families were targeted for detention and separation in an attempt to dissuade others from embarking on similar journeys. Although the separations have stopped because of the resulting public outcry, hundreds of families have not been reunited (including more than 20 children under 5), families continue to be detained at higher rates than adults crossing the border alone, and the trauma inflicted on the women and children by our government will have lifelong consequences.

To be clear, this is a policy of deliberately tormenting women and children so that other women and children won’t try to escape life-threatening conditions by coming to the United States for asylum. I joined this effort because I felt compelled to do something to respond to the humanitarian crisis created by unjust policies that serve no purpose other than to punish people for being poor and female ― for having the audacity to be born in a “shithole country” and not stay there.

I traveled with a group of amazing women gathered by Carolina, a powerhouse immigration lawyer and artist from Brooklyn. My fellow volunteers were mostly Latinas or women whose histories connected them deeply to this work. Through this experience, we became a tight-knit community, gathering each night to process our experiences and try to steel ourselves for the next day. Working 12-hour shifts alongside us were two nuns in their late 70s, and it was one of them who best summed up the experience as we entered the facility one morning. “What is happening here,” she said, “makes me question the existence of God.”

It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’

I am still in awe of the resilience I witnessed. Many of the women I met had gone for more than two weeks without even knowing where their children were. Most had been raped, tormented, threatened or beaten (and in many cases, all of the above) in their countries (predominantly Honduras and Guatemala). They came here seeking refuge from unspeakable horrors, following the internationally recognized process for seeking asylum. For their “crime,” they were incarcerated with hundreds of other women and children in la hielera (“the freezer,” cold concrete cells with no privacy where families sleep on the floor with nothing more than sheets of Mylar to cover them) or la perrera (“the dog kennel,” where people live in chain link cages). Their children were ripped from their arms, they were taunted, kicked, sprayed with water, fed frozen food and denied medical care. Yet the women I encountered were the lucky ones, because they had survived their first test of will in this country.

Woman after woman described the same scene: During their separation from their children ― before they learned of their whereabouts or even whether they were safe ― the women were herded into a room where Immigration and Customs Enforcement officials handed them papers. “Sign this,” they were told, “and you can see your children again.” The papers were legal documents with which the women would be renouncing their claims to asylum and agreeing to self-deport. Those who signed were deported immediately, often without their children. Those who refused to sign were given sham credible-fear interviews (the first step in the asylum process), for which they were not prepared or even informed of asylum criteria.

The women were distraught, not knowing what ICE had done with their children or whether they would see them again. Their interviews were conducted over the phone, with an interpreter also on the line. The asylum officer would ask a series of canned questions, and often the women could reply only, “Where is my child? What have you done with my child?” or would begin to give an answer, only to be cut off midsentence. Not surprisingly, almost all of them got negative results — exactly the outcome this policy was designed to produce. Still, these women persisted.

After a court battle, my clients were reunited with their children and were fortunate enough to have access to free legal representation (many do not) through the CARA Pro Bono Project. The women arrived looking shell-shocked, tired, determined. Some of their children clung to them, afraid to be apart even for a few minutes, making it very hard for the women to recount their experiences, which often included sexual violence, death threats and domestic abuse. Other children stared into space or slept on plastic chairs, exhausted from sleepless nights and nightmares. Still others ran manically around the legal visitation trailer. But some of the children showed incredible resilience, smiling up at us, showing off the few English words they knew, drawing pictures of mountains, rivers, neat little houses. They requested stickers or coloring pages, made bracelets out of paper clips. We were not allowed to give them anything ― no treats or toys or books. We were not allowed to hug the children or their mothers ― not even when they sobbed uncontrollably after sharing the details of their ordeals.

In the midst of this sadness and chaos, the humanity of these women shined through. One of my clients and her son, who had traveled here from Guatemala, took great pleasure in teaching me words in their indigenous language, Mam. She taught me to say “courageous” ― hao-tuitz ― and whenever our work got difficult, we would return to this exhortation. These lessons were a welcome break from reviewing the outline of the experiences that drove them to leave, fleshing it out with details for their interview. They wearied of my pressing them to remember facts I knew the asylum officer would ask about. They wanted only to say that life is very hard for indigenous people, that their knowledge of basic Spanish was not enough to make them equal members of society. Mam is not taught in schools, and almost everyone in Guatemala looks down on those who speak it. They were so happy to have a licenciada (college graduate) interested in learning about their culture. We spent almost an hour finding their rural village on Google Earth, zooming in until we could see pictures of the landscape and the people. As we scrolled through the pictures on the screen, they called out the people by name. “That’s my aunt!” and “There’s my cousin!” There were tears of loss but mostly joy at recognizing and feeling recognized ― seen by the world and not just dismissed as faceless criminals.

A diabetic woman who had not had insulin in over a week dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement.

There were stories of the astonishing generosity of people who have so little themselves. One colleague had a client who had been kidnapped with her daughter and another man by a gang while traveling north from Guatemala. The kidnappers told the three to call their families, demanding $2,000 per person to secure their release. The woman was certain she and her daughter were going to die. Her family had sold, mortgaged and borrowed everything they could to pay for their trip. They had never met the man who was kidnapped with them. She watched as he called his family. “They’re asking for $6,000 for my release,” she said he told them. He saved three lives with that phone call. When they got to the U.S.-Mexico border, they went separate ways, and she never saw him again, never knew his last name.

Not everything I heard was so positive. Without exception, the women described cruel and degrading treatment at the hands of ICE officials at the Port Isabel immigrant processing center, near Brownsville, Texas. There was the diabetic woman who had not had insulin in over a week and dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement. Women reported being kicked, screamed at, shackled at wrists and ankles and told to run. They described the cold and the humiliation of not having any privacy to use the bathroom for the weeks that they were confined. The children were also kicked, yelled at and sprayed with water by guards, then awoken several times a night, ostensibly so they could be counted.

Worse than the physical conditions were the emotional cruelties inflicted on the families. The separation of women from small children was accomplished by force (pulling the children out of their mothers’ arms) or by deceit (telling the women that their children were being taken to bathe or get medical care). Women were told repeatedly that they would never see their children again, and children were told to stop crying because they would never see their mothers again. After the children were flown secretively across the country, many faced more cruelty. “You’re going to be adopted by an American family,” one girl was told. Some were forced to clean the shelters they were staying in and faced solitary confinement (el poso) if they did not comply. Children were given psychotropic drugs to ameliorate the anxiety and depression they exhibited, without parental permission. One child underwent surgery for appendicitis; he was alone, his cries for his mother were disregarded, and she was not notified until afterward.

The months of limbo in which these women wait to learn their fate borders on psychological torture. Decisions seem arbitrary, and great pains are taken to keep the women, their lawyers and especially the press in the dark about the government’s actions and rationales for decisions. One woman I worked with had been given an ankle bracelet after receiving a positive finding at her credible fear interview. Her asylum officer had determined that she had reason to fear returning to her country and granted her freedom while she pursues legal asylum status. Having cleared this hurdle, she boarded a bus with others to be released, but at the last moment, she was told her ankle bracelet needed a new battery. It was removed, and she was sent instead to a new detention center without explanation. A reporter trying to cover the stories of separated families told me about her attempt to follow a van full of prisoners on their way to be reunited with their children so that she could interview them. First ICE sent two empty decoy vans in different directions, and then it sent a van with the detainees speeding down a highway, running red lights to try to outrun her. Every effort is being made to ensure that the public does not know what is happening.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped. The sexual assaults the women described often involved multiple perpetrators, the use of objects for penetration and repeated threats, taunting and harassment after the rape. A Mormon woman I worked with could barely choke out the word “rape,” much less tell anyone in her family or community what had happened. Her sweet, quiet daughter knew nothing of the attack or the men who stalked the woman on her way to the store, promising to return. None of the women I spoke with had any faith that the gang-ridden police would or could provide protection, and police reports were met with shaming and threats. Overwhelmingly, the women traveled with their daughters, despite the increased danger for girls on the trip, because the women know what awaits their little girls if they stay behind. Sometimes the rapes and abuse were at the hands of their husbands or partners and to return home would mean certain death. But under the new directives issued by Attorney General Jeff Sessions, domestic violence is no longer a qualifying criterion for asylum.

Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear. The first was an interaction with an employee waiting in line with me Monday morning to pass through the metal detector. I asked if his job was stressful, and he assured me it was not. He traveled 80 minutes each day because this was the best-paid job he could get, and he felt good about what he was doing. “These people are lucky,” he told me, “They get free clothes, free food, free cable TV. I can’t even afford cable TV.” I did not have the presence of mind to ask him if he would give up his freedom for cable. But his answers made clear to me how the economy of this rural part of Texas depends on prisons. The second thing that clarified the role of the detention center was a sign in the legal visitation trailer, next to the desk where a guard sat monitoring the door. The sign read, “Our stock price today,” with a space for someone to post the number each day. The prison is run by a for-profit corporation, earning money for its stockholders from the incarceration of women and children. It is important to note the exorbitant cost of this cruel internment project. ICE puts incarceration costs at $133 per person per night, while the government could monitor them with an ankle bracelet for $10 to $15 a day. We have essentially made a massive transfer of money from taxpayers to holders of stock in private prisons, and the women and children I met are merely collateral damage.

I have been back home for almost a month now. I am finally able to sleep without seeing the faces of my clients in my dreams, reliving their stories in my nightmares. I have never held my family so tight as I did the afternoon I arrived home, standing on the sidewalk in tears with my 7-year-old in my arms. I am in constant contact with the women I volunteered with, sharing news stories about family detention along with highlights of our personal lives. But I am still waiting for the first phone call from a client. I gave each of the women I worked with my number and made them promise to call when they get released. I even told the Mormon woman that I would pray with her. No one has called.

I comb the details of the Dilley Dispatch email, which updates the community of lawyers and volunteers about the tireless work of the on-the-ground team at Dilley. This week the team did 379 intakes with new clients and six with reunified families. There were three deportations ― two that were illegal and one that was reversed by an ACLU lawsuit. Were the deported families ones I worked with? What has become of the Mam-speaking woman and her spunky son, the Mormon woman and her soft-spoken daughter, the budding community organizer who joked about visiting me? Are they safely with relatives in California, North Carolina and Ohio? In each case, I cannot bear to imagine the alternative, the violence and poverty that await them. I have to continue to hope that with the right advocates, some people can still find refuge here, can make a new life ― that our country might live up to its promises.

Catherine Powers is a middle school social studies teacher. She lives in Colorado with her wife and two daughters.

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Yes, every Administration has used and misused immigration detention to some extent. I’ll have to admit to spending some of my past career defending the Government’s right to detain  migrants.

But, no past Administration has used civil immigration detention with such evil, racist intent to penalize brown-skinned refugees, primarily abused women and children from the Northern Triangle, so that that will not be able to assert their legal and Constitutional rights in America and will never darken our doors again with their pleas for life-saving refuge. And, as Catherine Powers points out, under Trump and Sessions the “credible fear” process has become a total sham.

Let’s face it! Under the current White Nationalist Administration we indeed are in the process of “re-creating 1939” right here in the USA.  If you haven’t already done so, you should check out my recent speech to the International Association of Refugee and Migration Judges entitled  “JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS” http://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/

Even in the “Age of Trump & Sessions,’ we still have (at least for now) a Constitution and a democratic process for removing these grotesquely unqualified shams of public officials from office. It starts with removing their GOP enablers in the House and Senate.

Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

PWS

08-24-18

 

GONZO’S WORLD: AG’S LATEST SCAM, “RELIGIOUS LIBERTY TASK FORCE” @ USDOJ WIDELY PANNED!

https://www.huffingtonpost.com/entry/twitter-sessions-religious-liberty-task-force_us_5b5f92bae4b0b15aba9bfcff

Mary Pappenfuss reports for HuffPost:

Attorney General Jeff Sessions announced Monday that the U.S. Justice Department is launching a “religious liberty task force” — and Twitter erupted.

The new unit will aid the department in fully implementing the religious liberty legal “guidance” issued last year under President Donald Trump’s direction, Sessions said in a speech at the Justice Department’s Religious Liberty Summit in Washington.

The attorney general charged that the freedom to practice religion in America has come “under attack” in the nation’s current “cultural climate.”

A “dangerous movement, undetected by many, but real, is now challenging and eroding our great tradition of religious freedom …. It must be confronted … and defeated,” he added.

“We’ve seen nuns ordered to buy contraceptives. We’ve seen United States senators ask judicial and executive branch nominees about dogma …. We’ve all seen the ordeal faced so bravely by Jack Phillips,” Sessions added, referring to the Colorado baker who won a religious liberty challenge to LGBTQ anti-discrimination law in the U.S. Supreme Court after refusing to bake a wedding cake for a same-sex couple.

Sessions called freedom of religion “indeed our first freedom being the first listed right in the First Amendment” and said that the Trump administration is “actively seeking to accommodate people of faith.”

Sessions touted his department’s prosecution of attacks on religion, among them court actions shielding about 90 plaintiffs from Obama-era requirements that employer health insurance cover contraception, an amicus brief “we were proud to file” on behalf of Phillips, and indictments in an arson attack and threats directed at two mosques.

Twitter exploded, with critics charging that the Religious Liberty Task Force was a front to protect religious zealots attacking LGBTQ rights and an unconstitutional push to marry church and state on the altar of Christianity.

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Read the entire Article, including the “Twitter Storm” at the link. Some pretty funny but “right on” reactions!

Yet another taxpayer-financed scam by our corrupt and bigoted Attorney General. Obviously this is a thinly disguised effort to use Government funding and power to promote and establish far right-wing Christian views and biases.

Don’t expect any help for Muslims targeted for hate crimes, irrationally excluded under the “Travel Ban,” or targeted by anti-Muslim pronouncements of Administration officials and GOP right-wing politicos. Don’t expect any assistance or protection for those religious groups actually engaged in “God’s work on earth” and carrying out Christ’s true humanitarian, forgiving teachings by providing help to migrants and resisting inhumane and illegal Administration policies. Don’t expect any help for Bhuddists, atheists, deists, or any other non-right-wing Christian groups trying to vindicate their First Amendment rights. Don’t expect any help for members of the LGBTQ community whose rights are being trampled upon by so-called Christians who promote intolerance, discrimination, humiliation, de-humanization, and hate in the name of false “religious expression.”

Interestingly, Sessions himself has been charged within the Methodist Church (of which my wife and I are members) with violation of teachings of Christ and the Church’s own rules and values.

He’s a total scofflaw and a fraud, seeking to impose his corrupt, inhumane, intolerant views on the rest of us by abusing his Government position and squandering taxpayer funds on an anti-Constitutional  attempt to establish particular “so-called Christian views” as the law of the land.

PWS

08-01-18

 

 

THE HILL: NOLAN HAS SOME IDEAS ON HOW TO DEAL WITH FAMILIES AT THE BORDER!

http://thehill.com/opinion/immigration/394201-trump-congress-have-options-on-the-table-to-prevent-family-separation

Family Pictures

Here’s Nolan’s conclusion in The Hill:

. . . .

Perhaps Trump’s “no due process” approach is the best solution if persecution claims can be considered outside of the United States.

Letting them apply here isn’t working well.

As of April 2017, the average wait for a hearing was 670 days, and the immigration court backlog has increased since then. It was 714,067 cases in May 2018.

It isn’t possible to enforce the immigration laws if deportable aliens can’t be put in removal proceedings, and the judges are being pressed to spend less time on cases, which puts due process in jeopardy.

Relatively few asylum applications are granted, and even fewer will be granted in the future.

We need a politically acceptable way to reduce the number of asylum applicants to a manageable level.

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Go on over to The Hill at the link to read Nolan’s complete article!

I agree with Nolan’s observation that pushing Immigration Judges to schedule more cases and spend less time on them puts due process in jeopardy. I also can see that Sessions intends to reduce asylum grant rates to about 0% by totally distorting the system until it is impossible for virtually anyone actually needing protection to get it.

As I have stated before, the problem isn’t the asylum law. The problem is the way Trump and Sessions have distorted and perverted asylum law and the Constitutional right to Due Process.

Asylum law is designed to protect individuals fleeing from persecution. We haven’t even begun to test the limits of our ability to give refuge. Indeed, at the time of the world’s greatest need, and our own prosperity, we have disgracefully turned our backs on accepting anything approaching a fair share of the world’s desperate refugees. We should be ashamed of ourselves as a nation! Refugees of all types bring great things to our nation and help us prosper. But, even if they didn’t, that wouldn’t lessen our moral and humanitarian obligations to accept our fair and more generous share of the world’s refugees.

And never forget that the backlog and the waiting times have little or nothing to do with fault on the part of asylum applicants. Many of them have also been unfairly screwed by the mess that Congress, the DOJ, DHS, and politicos have made of the Immigration Court system.

The backlog is almost entirely the result of “Aimless Docket Reshuffling” which has been kicked into high gear under Sessions, exceptionally poor choices in docket management and bad prosecutorial decisions by DHS, and years of neglect and understaffing by Congress, as well as stunningly incompetent management of the Immigration Courts by the DOJ under the last three Administrations.

Here’s the truth that Trump and the restrictionists don’t want to deal with:

SOLVING THE SOUTHERN BORDER: It’s Not Our Asylum Laws That Need Changing — It’s The Actions Of Our Leaders Who Administer Them That Must  Change!

By Paul Wickham Schmidt

U.S. Immigration Judge (Ret.)

Contrary to what White Nationalist liars like Trump & Sessions say, our U.S. asylum laws are not the problem. The politicos who misinterpret and misapply the law and then mal-administer the asylum adjudication system are the problem.

The current asylum laws are more than flexible enough to deal efficiently, effectively, and humanely with today’s bogus, self-created “Southern Border Crisis.” It’s actually nothing more than the normal ebb and flow, largely of refugees, from the Northern Triangle.

That has more do with conditions in those countries and seasonal factors than it does with U.S. asylum law. Forced migration is an unfortunate fact of life. Always has been, and probably always will be. That is, unless and until leaders of developed nations devote more time and resources to addressing the causation factors, not just flailing ineffectively and too often inhumanely with the inevitable results.

And the reasonable solutions are readily available under today’s U.S. legal system:

  • Instead of sending more law enforcement officers, prosecutors, and judges to the Southern Border, send more CBP Inspectors and USCIS Asylum Officers to insure that those seeking asylum are processed promptly, courteously, respectfully, and fairly.
  • Take those who turn themselves in to the Border Patrol to the nearest port of entry instead of sending them to criminal court (unless, of course, they are repeat offenders or real criminals).
  • Release those asylum seekers who pass “credible fear” on low bonds or “alternatives to detention” (primarily ankle bracelet monitoring) which have been phenomenally successful in achieving high rates of appearance at Immigration Court hearings. They are also much more humane and cheaper than long-term immigration detention.
  • Work with the pro bono legal community and NGOs to insure that each asylum applicant gets a competent lawyer. Legal representation also has a demonstrated correlation to near-universal rates of appearance at Immigration Court hearings. Lawyers also insure that cases will be well-presented and fairly heard, indispensable ingredients to the efficient delivery of Due Process.
  • Insure that address information is complete and accurate at the time of release from custody. Also, insure that asylum applicants fully understand how the process works and their reporting obligations to the Immigration Courts and to DHS, as well as their obligation to stay in touch with their attorneys.
  • Allow U.S. Immigration Judges in each Immigration Court to work with ICE Counsel, NGOs, and the local legal community to develop scheduling patterns that insure applications for asylum can be filed at the “First Master” and that cases are completed on the first scheduled “Individual Merits Hearing” date.
  • If there is a consensus that these cases merit “priority treatment,” then the ICE prosecutor should agree to remove a “lower priority case” from the current 720,000 case backlog by exercising “prosecutorial discretion.” This will end “Aimless Docket Reshuffling” and insure that the prioritization of new cases does not add to the already insurmountable backlog.
  • Establish a robust “in-country refugee processing program” in the Northern Triangle; fund international efforts to improve conditions in the Northern Triangle; and work cooperatively with the UNHCR and other countries in the Americas to establish and fund protection programs that distribute refugees fleeing the Northern Triangle among a number of countries. That will help reduce the flow of refugees at the source, rather than at our Southern Border. And, more important, it will do so through legal humanitarian actions, not by encouraging law enforcement officials in other countries (like Mexico) to abuse refugees and deny them humane treatment (so that we don’t have to).
  • My proposed system would require no legislative fixes; comply with the U.S Constitution, our statutory laws, and international laws; be consistent with existing court orders and resolve some pending legal challenges; and could be carried out with less additional personnel and expenditure of taxpayer funds than the Administration’s current “cruel, inhuman, and guaranteed to fail” “deterrence only” policy.
  • ADDITIONAL BENEFIT: We could also all sleep better at night, while reducing the “National Stress Level.” (And, for those interested in such things, it also would be more consistent with Matthew 25:44, the rest of Christ’s teachings, and Christian social justice theology).

As Eric Levitz says in New York Magazine, the folks arriving at our border are the ones in crisis, not us! “And those families aren’t bringing crime and lawlessness to our country — if anything, we brought such conditions to theirs.”

That warrants a much more measured, empathetic, humane, respectful, and both legally and morally justifiable approach than we have seen from our Government to date.The mechanisms for achieving that are already in our law. We just need leaders with the wisdom and moral courage to use them.

PWS

06-23-18

 

I also take note of how EOIR under Sessions has disingenuously manipulated the asylum adjudication numbers to support a false narrative that most asylum  claims are meritless.

The only “real ” number is a comparison of asylum grants to denials, not grants to the total number of cases involving asylum applications including the substantial number that were never decided on the merits. The fact that a case is disposed of in some other manner does not mean that the asylum application was meritless; it just means that the case was disposed of in another way.

Here are the “real” numbers from EOIR’s own Statistics Yearbook, before they were dishonestly manipulated under Sessions’s instructions to support his false claims about asylum seekers:

Asylum Grant Rate

Grants

Denials

Grant Rate

FY 12

10,575

8,444

56%

FY 13

9,767

8,777

53%

FY 14

8,672

9,191

49%

FY 15

8,184

8,816

48%

FY 16

8,726

11,643

43%

 

In 2016, the “real” grant rate was 38%. Even under Sessions in the partial FY 2018, the merits grant rate is 35%. That’s by no means negligible — one in three! And, remember folks, this is with asylum law that was already badly skewed against applicants, particularly those from the Northern Triangle with potentially bona fide claims. (But, admittedly, before Sessions recent rewriting of asylum law to improperly deny asylum and  essentially impose death sentences or torture on vulnerable women fleeing from the Northern Triangle.)

And, in my experience, the vast majority of denied asylum seekers had legitimate fears of harm upon return that should have entitled them to some protection; they just didn’t fit our unrealistically and intentionally restrictive interpretations. By no means does denial of an asylum claim mean that the claim was frivolous!

The real question we should be asking is that with the refugee situation in the world getting worse and with continually deteriorating conditions in the Northern Triangle, how do asylum merits grant rates drop from 56% and 53% as recently as FY 2011 & 2012 to 35% in 2018? What those numbers really suggests is large-scale problematic behavior and improper influence within the DOJ and the Immigration Judges who are denying far, far too many of these claims. Some of that includes use of coercive detention in out-of-the-way locations and depriving individuals of a fair opportunity to be represented by counsel, as well as a number of BIA decisions (even before Sessions’s Matter of A-B- atrocity) specifically designed to promote unfairness and more asylum denials.

There is no “southern border crisis,” other than the unnecessary humanitarian crisis that Trump and Sessions created by abusing children. Nor is there a problem with our asylum laws except for the intentional failure of our Government to apply them in a legal, fair, and Constitutional manner. But, there is a White Nationalist, racism problem clearly manifesting itself in our immoral and scofflaw national leadership.

Everyone committed to fairness, Due Process, and maintaining America as a country of humane values should fiercely resist, in every way possible, suggestions by Trump, Sessions, and some in the GOP  to further abuse Due Process and eliminate the already limited rights of the most vulnerable among us! 

We need to say focused on the real threats to our national security and continued existence as a democratic republic: Trump, Sessions, and their cohorts and enablers!

PWS

07-02-18

 

HERE’S WHAT REAL CHRIST-INSPIRED LEADERSHIP LOOKS LIKE! — The Youth Of Beverley Hills Community United Methodist Church, Alexandria, VA Speak Up For Love, Tolerance, & Accepting & Serving The Needs Of The Least Among Us!

BHCUMC Mission Statement:

Our mission is to welcome all people as they are, to grow together in Christian faith and fellowship, and to share Christ-like love in word and deed.

The youth of Beverley Hills Community United Methodist Church are committed to being a Reconciling Youth Group in

– Staying open-armed, open-minded, and open-hearted to all people

– Supporting the marginalized and using privilege to lift others up

– Becoming more Christ-like through our words and actions

Tolerance is not enough; actively advocating for oppressed communities must be part of what we do. We believe in a God who is more than tolerant, whose powerful love we seek to embody and spread, as good people and good neighbors. We accept all people as they are,trans or cis, straight or not, Christian or other, regardless of ethnic or socio-economic background. There should be no norm in society nor in the church. We will strive to learn more  everyday and to become better, to become more Christ-like as the world changes around us.

Our mission is to welcome all people as they are; to grow together in Christian faith and  fellowship; to share Christ-like love in word and deed; and to live like this everyday.

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The mission of the youth of BHCUMC, as a Reconciling Youth Group, is to be open towards all people, supporting the marginalized and lifting them up, and becoming more Christ-like through word and deed.

Signed,

The Youth of Beverley Hills Community United Methodist Church

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Congrats to the Youth Group for having the courage to speak up for real moral leadership and self-sacrificing service to humanity.

Compare this with the statements we hear from our so-called “national leaders” every day. The rest of us had better fight hard to bridge the gap and keep democracy and human decency afloat until we can get real societal leaders like these fine young people into the positions where they can lead our failing nation and a troubled world out of our self-created morass into a better future for everyone!

PWS

06-30-18

PROFESSOR CASS SUNSTEIN WITH THE UGLY TRUTH: IF YOU WANT TO UNDERSTAND TRUMPISM, YOU MUST UNDERSTAND ITS ANTECEDENT, NAZISM – Many Ordinary Germans Were Enthusiastic About Life Under Hitler Prior To The War – Fat, Happy, Satisfied, & Willfully Indifferent To The Torture & Suffering Of Their Fellow Human Beings – They Chose To Bury All Morality & Believe Reich Propaganda and Lies That Any Reasonable Person Would Have Known Were Untrue!

http://www.nybooks.com/articles/2018/06/28/hitlers-rise-it-can-happen-here/?mbid=nl_hps_5b368db0384c1d5c5734bfbc&CNDID=48297443

Professor Cass Sunstein in the NY Review of Books:

It Can Happen Here

‘National Socialist,’ circa 1935; photograph by August Sander from his People of the Twentieth Century. A new collection of his portraits, August Sander: Persecuted/Persecutors, will be published by Steidl this fall.

Liberal democracy has enjoyed much better days. Vladimir Putin has entrenched authoritarian rule and is firmly in charge of a resurgent Russia. In global influence, China may have surpassed the United States, and Chinese president Xi Jinping is now empowered to remain in office indefinitely. In light of recent turns toward authoritarianism in Turkey, Poland, Hungary, and the Philippines, there is widespread talk of a “democratic recession.” In the United States, President Donald Trump may not be sufficiently committed to constitutional principles of democratic government.

In such a time, we might be tempted to try to learn something from earlier turns toward authoritarianism, particularly the triumphant rise of the Nazis in Germany in the 1930s. The problem is that Nazism was so horrifying and so barbaric that for many people in nations where authoritarianism is now achieving a foothold, it is hard to see parallels between Hitler’s regime and their own governments. Many accounts of the Nazi period depict a barely imaginable series of events, a nation gone mad. That makes it easy to take comfort in the thought that it can’t happen again.

But some depictions of Hitler’s rise are more intimate and personal. They focus less on well-known leaders, significant events, state propaganda, murders, and war, and more on the details of individual lives. They help explain how people can not only participate in dreadful things but also stand by quietly and live fairly ordinary days in the midst of them. They offer lessons for people who now live with genuine horrors, and also for those to whom horrors may never come but who live in nations where democratic practices and norms are under severe pressure.

Milton Mayer’s 1955 classic They Thought They Were Free, recently republished with an afterword by the Cambridge historian Richard J. Evans, was one of the first accounts of ordinary life under Nazism. Dotted with humor and written with an improbably light touch, it provides a jarring contrast with Sebastian Haffner’s devastating, unfinished 1939 memoir, Defying Hitler, which gives a moment-by-moment, you-are-there feeling to Hitler’s rise. (The manuscript was discovered by Haffner’s son after the author’s death and published in 2000 in Germany, where it became an immediate sensation.)* A much broader perspective comes from Konrad Jarausch’s Broken Lives, an effort to reconstruct the experience of Germans across the entire twentieth century. What distinguishes the three books is their sense of intimacy. They do not focus on historic figures making transformative decisions. They explore how ordinary people attempted to navigate their lives under terrible conditions.

Haffner’s real name was Raimund Pretzel. (He used a pseudonym so as not to endanger his family while in exile in England.) He was a journalist, not a historian or political theorist, but he interrupts his riveting narrative to tackle a broad question: “What is history, and where does it take place?” He objects that most works of history give “the impression that no more than a few dozen people are involved, who happen to be ‘at the helm of the ship of state’ and whose deeds and decisions form what is called history.” In his view, that’s wrong. What matters are “we anonymous others” who are not just “pawns in the chess game,” because the “most powerful dictators, ministers, and generals are powerless against the simultaneous mass decisions taken individually and almost unconsciously by the population at large.” Haffner insists on the importance of investigating “some very peculiar, very revealing, mental processes and experiences,” involving “the private lives, emotions and thoughts of individual Germans.”

Mayer had the same aim. An American journalist of German descent, he tried to meet with Hitler in 1935. He failed, but he did travel widely in Nazi Germany. Stunned to discover a mass movement rather than a tyranny of a diabolical few, he concluded that his real interest was not in Hitler but in people like himself, to whom “something had happened that had not (or at least not yet) happened to me and my fellow-countrymen.” In 1951, he returned to Germany to find out what had made Nazism possible.

In They Thought They Were Free, Mayer decided to focus on ten people, different in many respects but with one characteristic in common: they had all been members of the Nazi Party. Eventually they agreed to talk, accepting his explanation that he hoped to enable the people of his nation to have a better understanding of Germany. Mayer was truthful about that and about nearly everything else. But he did not tell them that he was a Jew.

In the late 1930s—the period that most interested Mayer—his subjects were working as a janitor, a soldier, a cabinetmaker, an office manager, a baker, a bill collector, an inspector, a high school teacher, and a police officer. One had been a high school student. All were male. None of them occupied positions of leadership or influence. All of them referred to themselves as “wir kleine Leute, we little people.” They lived in Marburg, a university town on the river Lahn, not far from Frankfurt.

Mayer talked with them over the course of a year, under informal conditions—coffee, meals, and long, relaxed evenings. He became friends with each (and throughout he refers to them as such). As he put it, with evident surprise, “I liked them. I couldn’t help it.” They could be ironic, funny, and self-deprecating. Most of them enjoyed a joke that originated in Nazi Germany: “What is an Aryan? An Aryan is a man who is tall like Hitler, blond like Goebbels, and lithe like Göring.” They also could be wise. Speaking of the views of ordinary people under Hitler, one of them asked:

Opposition? How would anybody know? How would anybody know what somebody else opposes or doesn’t oppose? That a man says he opposes or doesn’t oppose depends upon the circumstances, where, and when, and to whom, and just how he says it. And then you must still guess why he says what he says.

When Mayer returned home, he was afraid for his own country. He felt “that it was not German Man that I had met, but Man,” and that under the right conditions, he could well have turned out as his German friends did. He learned that Nazism took over Germany not “by subversion from within, but with a whoop and a holler.” Many Germans “wanted it; they got it; and they liked it.”

Mayer’s most stunning conclusion is that with one partial exception (the teacher), none of his subjects “saw Nazism as we—you and I—saw it in any respect.” Where most of us understand Nazism as a form of tyranny, Mayer’s subjects “did not know before 1933 that Nazism was evil. They did not know between 1933 and 1945 that it was evil. And they do not know it now.” Seven years after the war, they looked back on the period from 1933 to 1939 as the best time of their lives.

Mayer suggests that even when tyrannical governments do horrific things, outsiders tend to exaggerate their effects on the actual experiences of most citizens, who focus on their own lives and “the sights which meet them in their daily rounds.” Nazism made things better for the people Mayer interviewed, not (as many think) because it restored some lost national pride but because it improved daily life. Germans had jobs and better housing. They were able to vacation in Norway or Spain through the “Strength Through Joy” program. Fewer people were hungry or cold, and the sick were more likely to receive treatment. The blessings of the New Order, as it was called, seemed to be enjoyed by “everybody.”

. . . .

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Read the complete article at the link.

As a historical footnote, I crossed paths with Cass Sunstein at the DOJ during the Carter Administration in 1980-81, when he was an attorney in the Office of Legal Counsel and I was the Acting General Counsel/Deputy General Counsel of the “Legacy INS.” About all I remember is that: 1) he was brilliant, 2) he wrote really well; 3) everyone had him pegged as among “the most likely to succeed;” and 4) we both had lots, lots more hair then.

I agree with pretty much everything Sunstein says. Except for one major point. I don’t think “it can happen here.” It is happening here!

Cass says “Thus far, President Trump has been more bark than bite.” Really! With all due respect, that seems like a view directly from the “Ivory Tower.” 

Ask U.S. citizens children whose parents have been deported for no rational reason without any consideration of what will happen to those left behind; ask those children intentionally abused and probably damaged for life by the likes of Jeff Sessions; ask communities that have been terrorized by the Homan-led “ICE Gestapo” that strikes terror, performs few if any “real” law enforcement functions these days, while insuring that whole segments of the population are “easy marks” for crime and abuse; ask women and children refugees from Central American who are essentially being railroaded back to the “death camps” from which they fled by the noxious White Nationalist racists Trump, Miller, & Sessions, with the assistance of morally vapid sycophants like Nielsen and Kelly, without even the semblance of due process; ask Dreamers who are slurred by the  always disingenuous Sessions while being held as hostages by Trump, and hung out to dry by the GOP Congress; ask the kids and families being held in the “New American Gulag” established by Sessions — combined with his intentional distortion of asylum law, they are basically being held in concentration camps waiting to be shipped off to death camps in the Northern Triangle! And we haven’t even gotten to Sessions’s absolutely outrageous, lawless, unconstitutional, and totally immoral plan to rewrite asylum law so that nobody who needs protection actually gets it! Or how about not taking any Syrian refugees, even though they are dying in refugee camps awaiting resettlement every day. Just because the actual deaths, rapes, torture, US-caused human trafficking, and other unspeakable abuses take place outside our national boundaries doesn’t mean that we aren’t just as responsible for them as the fat & happy Burghers of the Third Reich!

I wrote about Sunstein’s timely, yet totally disturbing, article in  my response to a comment from my good friend, colleague, and fellow member of the “Gang of Retired Immigration Judges,”  Judge Gus Villageliu in response to one of his “right on”  comments today.  Here’s what I said:

There is a great article by Professor Cass Sunstein about the parallels between Nazism and Trumpism. The key: Germans who supported Hitler were fat, happy, and satisfied with their lives under Nazism and were willfully indifferent to the torture and suffering of their fellow human beings. They happily accepted the Nazi propaganda that Jews were either traitors or had voluntarily left the country after being fairly compensated for their property. Even after the war, some ordinary Germans looked back on the 1933-39 era of Nazi rule as the best time of their lives.

Another key observation by Sunstein: resistance is never futile and every individual act of resistance, no matter how small or insignificant it might seem at the time, is important. The little acts and persistence add up over time.

In my view, they also establish an important record for historians and future generations. I want my grandchildren, great-grandchildren, and great-great-grandchildren to know where I stood in the era of Trump, Sessions, Miller & the rest of the White Nationalist neo-Nazis and their utterly disgusting perversion of Western Judeo-Christian values!

Due Process, tolerance, courage, standing up for the less fortunate, and recognizing the human rights and dignity of every person are eternal values that are always worth fighting for!

Join the New Due Process Army. Resist the White Nationalist Regime every step of the way. Force “go along to get along” courts (like the Supremes) to face up to the horrible immorality of their appeasement of the cruel, inhuman, and illegal actions of the Trump Administration. Write the historical record that even the Trumpsters and their followers won’t be able to escape so that we might never, ever again have a Neo-Nazi revival like the Trump Administration!

PWS

07-01-18

 

WHITE NATIONALIST ALERT AT JUSTICE: NEO-NAZI SESSIONS REPORTEDLY PROPOSING MASSIVE VIOLATION OF CONSTITUTION, REFUGEE ACT OF 1980, INTERNATIONAL LAW, AND HUMAN RIGHTS STANDARDS WITH RACIALLY TARGETED ABOLITION OF ASYLUM BY REGULATION! – Is Our Republic Teetering On The Brink?

https://www.vox.com/policy-and-politics/2018/6/29/17514590/asylum-illegal-central-american-immigration-trump

LIND REPORTS FOR VOX NEWS:

The Department of Justice, under Attorney General Jeff Sessions, is drafting a plan that would totally overhaul asylum policy in the United States.

Under the plan, people would be barred from getting asylum if they came into the US between ports of entry and were prosecuted for illegal entry. It would also add presumptions that would make it extremely difficult for Central Americans to qualify for asylum, and codify — in an even more restrictive form — an opinion written by Sessions in June that attempted to restrict asylum for victims of domestic and gang violence.

Vox has confirmed that the regulation is in the process of being evaluated, and has seen a copy of a draft of the regulation.

When the regulation is ready, it will be published in the Federal Register as a notice of proposed rulemaking, with 90 days for the public to comment before it’s enacted as a final regulation.

The version Vox saw may change before it’s finalized, or even before the proposal is published in the Federal Register. (The Department of Justice declined to comment.)

But as it exists now, the proposal is a sweeping and thorough revamp of asylum — tightening the screws throughout the asylum process.

One source familiar with the asylum process but not authorized to speak on the record described the proposed changes as “the most severe restrictions on asylum since at least 1965” — when the law that created the current legal immigration system was passed — and “possibly even further back.”

The Immigration and Nationality Act gives the attorney general, along with the Department of Homeland Security, discretion over asylum standards — saying that the government “may grant asylum” to an applicant who they determine meets the definition of a refugee. But the proposed regulation would make it nearly impossible for Central Americans, including families, to earn the government’s approval.

It would eliminate the path that thousands of Central Americans, including families, take every month to seek asylum in the US: entering between ports of entry and presenting themselves to Border Patrol agents. It would make it all but impossible for victims of domestic or gang violence to qualify for asylum — going even further than a June decision from Sessions that sought to limit asylum access for those groups. It would create a presumption against Central Americans who travel through Mexico on their way to the US.

Anyone convicted of entering the US illegally would become ineligible for asylum

What happens under current policy: Under the Trump administration’s “zero tolerance” initiative, all migrants who cross between ports of entry and are apprehended by Border Patrol are supposed to be criminally prosecuted for illegal entry.

That arrest can delay a person’s claim of asylum, but it doesn’t derail it. An asylum-seeker may not get their initial screening interview, which determines whether they’ll be allowed to file an asylum application and get a hearing, until after they’ve been prosecuted and convicted. And they definitely won’t get approved for asylum before their criminal conviction.

But the conviction for illegal entry doesn’t affect the asylum claim; as Customs and Border Protection puts it, the two are on “parallel tracks.”

What would happen under the new plan: The proposed regulation would bar anyone from getting asylum if they’d been convicted of illegal entry or illegal reentry. That means people who asked for asylum when they were apprehended at the border, but were prosecuted first, would get denied asylum.

In effect, under this new regulation, combined with the zero-tolerance prosecution initiative, no one would be able to come to the US and get asylum unless they presented themselves at a port of entry. Many asylum-seekers simply don’t have that option. Smugglers often prevent asylum-seekers from using official ports of entry, and many of those who do come to ports of entry are being forced to wait days or weeks, after being told there’s no room to process them right now. And asylum-seekers who come to ports of entry are often required to stay in immigration detention without bond until their case is complete.

The administration would almost certainly get sued over this provision if it ended up included in the finalized regulation. The Department of Justice (DOJ) has the power to bar people from getting asylum (or other forms of relief from deportation) if they’ve committed “particularly serious crimes.” While there’s no definition of seriousness in the law, lawyers and immigration advocates would likely challenge the idea that illegal entry, a misdemeanor, is “particularly serious.”

But even if that provision is struck down or eliminated by the courts, another proposal in the draft regulation could have much the same effect. It would instruct immigration judges to consider how the asylum-seeker got into the US, and treat it as a significant factor in whether or not to grant asylum (since asylum-seekers have to show they deserve “favorable discretion” from the judge). So even if people who crossed between ports of entry weren’t officially banned from getting asylum, they would have a very hard time winning their cases in practice.

If adopted, the regulation, combined with the zero tolerance initiative, would allow the administration to set up assembly-line justice for asylum seekers, including families, entering the US. People who entered between official ports would be held by the Department of Homeland Security, prosecuted for illegal entry, convicted, then have their asylum applications denied and get deported.

While the Trump administration is currently trying to win the power to detain families for more than 20 days, if this regulation were enacted, they might not even need to. They could deny most asylum claims and deport the claimants within that time.

Victims of domestic or gang violence would be all but banned from asylum

What happens under current policy: US law limits asylum to people who are persecuted because of their race, religion, political opinions, nationality, or membership in a particular social group.

The government has been wrestling for decades with that last classification what exactly counts as a “particular social group”? — and with whether someone is “persecuted” if they’re victimized by someone other than the government. These questions are key to the fate of many of the Central Americans (including children and families) who have come to the US to seek asylum in recent years, many of whom are claiming asylum based on domestic violence or gang victimization in their home countries.

In June, with a sweeping ruling overturning a case from the Board of Immigration Appeals, Sessions attempted to narrow the circumstances in which someone fleeing domestic or gang violence could qualify for asylum in the US — saying that, generally, victims of domestic or gang violence wouldn’t be eligible for asylum based on their victimization.

As I reported last week, though, US Citizenship and Immigration Services (USCIS) has been cautious in implementing Sessions’s opinion. Most notably, while Sessions decreed that his ruling overturned any precedent that contradicted it, USCIS only told asylum officers to stop using the one precedent decision Sessions explicitly named as moot.

It looks like the DOJ may be trying to use regulation to accomplish the same goal — with even narrower definitions of “persecuted” and “particular social group.”

What would happen under the plan: The proposed regulation would add several restrictions to what could constitute a particular social group: a family, for example, wouldn’t be a social group unless the family had a visible national presence. Interpersonal violence or crime victimization, similarly, wouldn’t be the basis for social group membership unless they were happening on a national scale. Having been recruited by a gang would be explicitly prohibited as grounds for an asylum claim.

To qualify for asylum, an applicant would have to show that the people who persecuted her were also persecuting others on the same basis. Human-rights lawyers worry this could disqualify many legitimate asylum claims. One lawyer raises the example of a gay man in Russia who suffers a violent homophobic attack: Under the proposal, “this would not be persecution on account of sexual orientation unless you could prove that these attackers had previously persecuted other gay men.”

An asylum-seeker would be required to provide an exact definition of her “particular social group” when she was applying for asylum. And she wouldn’t be allowed to appeal a denial, or reopen a claim, on the basis of any group she hadn’t originally named.

It’s extremely difficult for anyone other than a trained immigration lawyer to know exactly what does and doesn’t count as a particular social group eligible for asylum. Under the proposed regulation, however, an asylum-seeker who didn’t know the precise nature of the basis for her persecution would be assumed to not really be a victim of persecution at all.

This standard wouldn’t just apply to final approvals or denials of asylum. The initial step for an asylee is what’s called a “credible fear” screening, during which an asylum officer decides whether the person has a credible fear of going back to their home country. The proposed rule would tighten standards for those, too.

Immigration lawyers and border advocates were already extremely concerned that Sessions’s May ruling would cause asylum officers to radically hike the standards for passing the screening interview (though the USCIS memo posted by Vox suggests that might not be the case just yet). If this regulation were finalized, however, it seems very possible that many people who are currently given the opportunity to apply for asylum would be turned away before they got the chance.

Central Americans would be penalized for not seeking asylum in Mexico

What happens under current policy: Many asylum seekers are Central Americans who come through Mexico to seek asylum in the US. The US is not allowed to simply turn them back and force them to seek asylum in Mexico instead. (The Trump administration is trying to get Mexico to sign a “safe third country” agreement that would allow them to do this, but Mexico appears unenthusiastic.) But the proposed regulation would make it a lot easier to deny their asylum claims based on not having sought asylum in Mexico first.

What would happen under the plan: Under the proposed rule, the government would generally withhold “favorable discretion” (and, therefore, deny the asylum claim) for anyone who had spent more than two weeks in another country en route to the US without seeking asylum there, or who had traveled through more than one country on the way to the US.

Many Central Americans, especially if they take the train through Mexico or travel on foot, take more than two weeks to travel through Mexico. And asylum-seekers from Honduras and El Salvador cross through Guatemala and Mexico to get to the US — meaning that they would almost certainly not earn the “favorable discretion” required to get their asylum claim approved.

Tightening the screws on the entire asylum process

The proposed regulation is extremely broad, with a lot more provisions — all of which would make it much harder for people to seek and get asylum. Some of the remaining ideas in the proposed draft include:

Limiting appeals for asylum-seekers who fail their screening interviews. Under current law, if an asylum-seeker fails her initial “credible fear” interview with an asylum officer, she can appeal for a judge to review her claim with fresh eyes — ignoring the fact that the asylum officer hadn’t found it a credible claim. Under the proposed regulation, judges would only be able to approve a credible-fear claim on appeal if there was clear evidence that the asylum officer had screwed up.

Rejecting incomplete applications first and letting them get completed later. Instead of returning incomplete asylum applications to the applicant and asking her to complete it, the government would reject the application. The applicant would still have 60 days to complete and resubmit the application before it was officially denied, but it’s not clear how applicants would be told about that — or whether they’d read beyond the word “rejected.”

Allowing judges to put evidence into the record on their own. The proposal would allow immigration judges considering asylum cases to unilaterally insert any information from credible sources into the record (as long as both the prosecutor and defense were informed). This provision would make it much easier for judges to insert information claiming that an asylum-seeker’s home country isn’t as dangerous for him as he claims — since asylum cases often hinge on whether there’s anywhere safe in the home country the asylum-seeker could live instead of the US.

Immigrants could be barred from asylum based on traffic offenses… In addition to the new prohibitions on asylum for immigration-specific crimes, the regulation would ban any applicant who’d been convicted of two or three misdemeanors (depending on what they were) from getting asylum.

This would have the biggest impact on unauthorized immigrants living in the US who get arrested and put in deportation proceedings, but ask for asylum to avert their deportation. (Under asylum law, someone can ask for asylum at any point within their first year of living in the US.)

In immigration policy, traffic offenses like driving without a license often don’t count as misdemeanors because in many states unauthorized immigrants aren’t allowed to get licenses. But the draft regulation makes clear that if driving without a license is a misdemeanor in the jurisdiction in question, it counts toward ineligibility.

…and blue states can’t fix eligibility by expunging immigrants’ records. Some Democratic state officials (most notably Gov. Jerry Brown in California) have started to use the pardon power to clear the criminal records of immigrants facing deportation. This regulation would do an end-run around that strategy.

Convictions that had been expunged or otherwise modified after the fact would still count as convictions if there was any evidence that the criminal record had been altered for immigration purposes. In other words, if Brown tried to expunge a record to make someone eligible for asylum, the fact that that’s why he did it would prevent it from stopping their deportation.

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WOW!

WHO WOULD HAVE THOUGHT THAT ADOLF HITLER WOULD LOSE WORLD WAR II, YET HAVE HIS DIRECT IDEOLOGICAL DESCENDANTS IN CONTROL OF THE UNITED STATES OF AMERICA 73 YEARS LATER?

Seems to me that we’re witnessing the end of the U.S. as a democratic republic and the beginning of a Nazi-style, White Nationalist, racist authoritarian regime that, with the help of a complacent Supreme Court led by a spineless Chief Justice and his group of GOP appointed sycophants, is basically tearing up our Constitution, spitting on it, and dismantling our democratic institutions before our eyes.

I do have to admit, however, that becoming a neo-Nazi, White Nationalist totalitarian state is likely to diminish our attractiveness as a destination for immigrants and anyone else: The “Stalin theory” of immigration control. And, I suppose that once the kids have been disposed of by returning them to death in the Northern Triangle, Trump & Sessions will use the cages to keep the rest of us in.

The New Due Process Army might be the last defender of our Constitution and human values!

PWS

06-30-18