DANA MILBANK @ WASHPOST: DEFEAT HATE! – Disingenuous “Condolences” Read From Cue Cards Written By Staff Can’t Mask Trump’s Real White Nationalist Message Of Hate, Bigotry, Racism, & Division!

https://www.washingtonpost.com/opinions/george-washington-saw-america-as-a-safe-place-for-jews-trumps-america-isnt/2018/10/28/e21ea6e6-dade-11e8-b3f0-62607289efee_story.html

Milbank writes in the WashPost:

George Washington, in his 1790 letter to the Touro Synagogue in Newport, R.I., told Jews they would be safe in the new nation.

“The government of the United States . . . gives to bigotry no sanction, to persecution no assistance,” he wrote. “May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants — while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.”

Though that assurance has been tested, the United States has endured as a safe haven for Jews.

Now President Trump has violated Washington’s compact. He has given sanction to bigotry and assistance to persecution. After the shooting in Pittsburgh, which the Anti-Defamation League believes is the deadliest anti-Semitic attack in U.S. history, there is no longer safety under the vine and fig tree.

I had been dreading and expecting this day, and more like it, for two years. This was more than predictable; it was predicted.

After Trump’s presidential campaign began with genteel anti-Semitism, progressed to dog whistles and ended with a full-throated targeting of Jewish “globalists,” I wrote on Election Day that the results would be coming in on the 78th anniversary of Kristallnacht, the infamous night of Nazi violence and vandalism against German Jews: “I pray that on this solemn anniversary, Americans tell Donald Trump and the world that we are never going back there.”


People arrive for a vigil at the Tree of Life synagogue in Pittsburgh on Sunday. (Brendan Smialowski/AFP/Getty Images)

After Charlottesville, when Trump said there “were very fine people” marching among the neo-Nazis chanting “Jews will not replace us,” I wroteabout my daughter’s fear of returning to Hebrew school because of violence; armed white supremacists had chanted “Sieg Heil” and forced worshipers to flee a Charlottesville synagogue.

Consider some of the many times Trump gave sanction to bigotry before 11 worshipers were shot dead at the Tree of Life:

Telling Jewish Republicans they wouldn’t support him “because I don’t want your money.”

Tweeting an image from an anti-Semitic message board with a Star of David atop a pile of cash.

Saying “I don’t have a message” for supporters who threatened anti-Semitic violence against a Jewish journalist, and Melania Trump saying the writer “provoked” the threats.

After the shooting at Tree of Life synagogue in Pittsburgh, many politicians condemned the violence and blamed divisive political rhetoric around the country.

Branding his campaign with the “America First” slogan of the anti-Semitic pre-war movement.

Alleging that “blood suckers” and “a global power structure” including “international banks” are secretly plotting against ordinary Americans.

And, when urged by the Anti-Defamation League to stop using traditionally anti-Semitic tropes, repeating the tropes in an ad with images of prominent Jews, including George Soros.

Once in office, in addition to making common cause with the Nazis of Charlottesville, Trump stocked his administration with Stephen K. Bannon and other figures of the nationalist “alt-right;” hesitated to condemn the rise of anti-Semitic threats and vandalism; issued a Holocaust remembrance statement without mention of Jews; lamented the attempts to silence Alex Jones, who peddles anti-Semitic conspiracy theories; and, declaring himself a “nationalist,” increased verbal attacks on “globalists,” particularly Soros.

Supposedly, American Jews are protected by Trump’s daughter Ivanka marrying into the faith, or by Trump’s fondness for Israel’s nationalist policies.

But it doesn’t work that way. The ADL reports a 57 percent rise in anti-Semitic incidents in 2017. Other groups Trump targets — African Americans, Latinos, Muslims — have long experienced this and worse; a man in Kentucky last week allegedly tried to enter a black church before killing two black people at a supermarket. It is the new normal, though, for Jewish journalists and public figures to endure routine threats, for unabashed anti-Semitism to flourish in social media — and now for Jews to fear for their safety in quiet places like Pittsburgh, where I lived and worshiped for three years.

Whatever Trump’s motives, his words and deeds inspire the hateful and the violent. The man accused of sending pipe bombs to a dozen favorite Trump targets (including Soros) eschewed politics, his family’s lawyer says, until he “found a father in Trump.” The accused Pittsburgh gunman, though apparently rejecting Trump for being insufficiently nationalist, embraced on social media the themes Trump has popularized: the “globalist” danger, immigrant “invaders that kill our people” and an “infestation” of undesirables.

After the shooting, Trump read from the teleprompter the proper denunciation of anti-Semitism. But proceeding with a rally mere hours after the massacre, he galvanized the crowd with the same complaint the alleged Pittsburgh killer cited in social media before the carnage: the migrant caravan. Trump told the crowd, “No caravans, right? We don’t want caravans. We’re not having caravans.”

“Build the wall!” the crowd chanted.

Trump closed with his usual vow to fight “others” who are trying to “destroy our proud American heritage.” White supremacists get the message.

On Shabbat, Jewish custom says, God gives each of us a “neshamah yeteirah,” an extra soul for rejuvenation on the day of rest. But this Shabbat, we lost 11 souls. And our Jewish and American souls will continue to be so drained — unless our president changes his ways, or we change our president.

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George Washington had his own set of problems when it came to race and slavery. But, any way you look at it we’ve fallen a long way to get to Donald Trump and his supporters and their vile message of intolerance and White Nationalism in the 21st Century.

PWS

10-29-18

JEWISH DELEGATION SHOCKED BY US TREATMENT OF MIGRANTS AT BORDER: “It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings.”

https://www.jta.org/2018/08/22/top-headlines/jewish-delegation-witnesses-heartbreaking-situation-at-border-detention-centers-and-courthouse

Josefin Dolsten reports for the Jewish Telegraphic Agency:

(JTA) — A delegation of Jewish leaders from 17 organizations is visiting detention and migrant facilities on the U.S.-Mexico border.

The 27-person delegation visited detention centers in San Diego on Tuesday and is traveling to asylum-seeker shelters in Tijuana, Mexico, on Wednesday.

The trip, which is being organized by the Anti-Defamation League and the Jewish refugee aid group HIAS, includes meetings with American and Mexican government officials, immigration attorneys and humanitarian workers. Among the participants are representatives from three Jewish movements — Reform, Reconstructionist and Conservative — as well as groups such as the American Jewish World Service, the Jewish Council on Public Affairs and J Street. Mark Hetfield, CEO of HIAS, described the visits to detention centers and courthouses where migrants are being tried on charges that they entered the country illegally.

“It’s heartbreaking to see the way the United States is treating immigrants. It’s not treating them like human beings,” he told JTA in a phone interview from Tijuana.

Hetfield, a former immigration lawyer, said members of the delegation witnessed migrants being tried in a court as a group and that some who pleaded guilty to criminal charges lacked proper understanding of the consequences.

“It’s really troubling in terms of the lack of due process and the lack of understanding that people have as they’re going through and pleading guilty to these criminal proceedings,” he said.Nancy Kaufman, CEO of the National Council of Jewish Women, said visiting a detention center for unaccompanied minors, which held children as young as 6 years old, was “eye opening.”

Though she described the shelter as “clean and decent” and the staff as “very caring,” she had concerns about the conditions.

“I asked if they go to school. They have school there, but I don’t know how you have meaningful educational programs for that kind of range of kids,” she said.

Kaufman referenced the Holocaust in speaking about the importance of the trip.

“As Jewish leaders, we need to bear witness. We all committed after the Holocaust to ‘Never again’ — we meant it,” she said. “I think we all live our lives with the belief that every person is made in the image of God, ‘b’tzelem Elohim,’ and should be treated with dignity and respect.”

Jonathan Greenblatt, CEO of ADL, called the trip “a moral imperative” in a statement to JTA.

“In the face of continued harsh policies by the Administration targeting immigrants and asylum seekers, we’re here to learn more about the crisis at the border, listen to the experiences of migrants and asylum seekers escaping violent conditions, and recommit to our advocacy for humane and compassionate immigration policies,” he said.Many Jewish groups have joined progressives and some conservatives in criticizing President Donald Trump’s immigration policies, including his executive orders banning citizens from some Muslim-majority countries from entering the United States and the since-rescinded policy of separating migrant families at the border.

Last week, HIAS organized a letter to Trump urging him to raise the cap on refugees admitted into the country to at least 75,000. The letter was signed by leaders of 36 Jewish groups. Trump set the cap for 2018 at 45,000, a historic low, and is considering a further decrease, The New York Times reported earlier this month.

Many thanks to my good friend and long time colleague, retired Judge Joan Churchill for sending this item my way.
PWS
08-28-18

JASON DZUBOW @ THE ASYLUMIST: IMMIGRATION PROVOCATEUR STEPHEN MILLER ISN’T A HYPOCRITE – HE’S EXACTLY WHAT HE CLAIMS TO BE: A Xenophobic Bigot!

http://www.asylumist.com/2018/08/20/stephen-miller-is-not-a-hypocrite/

Stephen Miller Is Not a Hypocrite

If you follow the news about immigration, you probably know Stephen Miller. He’s a Senior Policy Advisor to President Trump, and he’s supposedly the nefarious driving force behind many of the Administration’s most vicious anti-immigrant policies.

Last week, Dr. David S. Glosser–Mr. Miller’s uncle and a retired neuropsychologist who volunteers with refugees–penned a powerful article refuting his nephew’s raison d’etre: Stephen Miller Is an Immigration Hypocrite. I Know Because I’m His Uncle. The article discusses the immigration history of Mr. Miller’s family, and points out that the policies espoused by Mr. Miller would have prevented his own ancestors from escaping persecution in Europe. Here’s Dr. Glosser’s money shot:

Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human. Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews. Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. Most of these immigrants became workers, entrepreneurs, scientists and soldiers of America.

Can you guess which one is Stephen Miller?

It’s a powerful piece, in part because of Dr. Glosser’s relationship to Stephen Miller, and in part due to the juxtaposition of these two men. Dr. Glosser speaks from his personal experience dealing with refugees. He sees the story of his parents and grandparents in the stories of modern-day refugees. He has absorbed the lessons of the past, particular with regard to ethnic and religious demonization. Mr. Miller, on the other hand, seems inured to the suffering of his fellow humans and immune to the lessons of history. I have never heard him articulate a fact-based justification for his cruel policies. But he persists in advocating for those policies nevertheless. Mr. Miller’s background and how it influences (or fails to influence) his thinking are important questions, as is the “grim historical irony” of his views.

Here, however, I want to discuss a different question: Is it accurate to call Mr. Miller and the President hypocrites because their policies would have blocked their own ancestors from immigrating to the United States? A second, perhaps more important question, is this: Why does the first question matter?

A hypocrite is a person who pretends to be something that he is not. It’s an epithet often used for politicians who claim to be virtuous and honest, but who, in reality, are the opposite. The word derives from the Greek “hypokrites,” which means “actor,” and there’s a long and rich history of contempt for hypocritical politicians (Dante, for example, relegates the hypocrites to the eight circle of hell, which is pretty close to the bottom).

I don’t think that Mr. Miller or Mr. Trump are hypocrites simply because their immigration policies would have blocked their own ancestors from coming to the U.S. They may be bigots and bullies, whose policies are based more on falsehood than fact, but that is not hypocrisy. Indeed, Mr. Trump has repeatedly articulated his disdain for Muslims, Mexicans, people from “shit-hole countries,” etc., and so the fact that he enacts policies to exclude such people seems perfectly consistent with his world view. He and Mr. Miller may hold ignorant and racist views, but that does not make them hypocrites.

Why does any of this matter?

Aside from the fact that words should be used properly (or as Inigo Montoya might say, “You keep using that word. I do not think it means what you think it means”), it seems wrong to try to limit what people can do by shaming them as hypocrites based on their ancestry. Is the decedent of slave owners a hypocrite if she supports Affirmative Action? Would a Native American be a hypocrite if he became an immigration lawyer? Is the daughter of a candy store owner acting hypocritically if she becomes a dietician? You get my point. We are who we are because of, and in spite of, our progenitors. But I don’t think we should be condemned for the choices we make that are not consistent with the choices they made.

Further, with regards to a complex topic like immigration policy, labels such as “hypocrite” seem inapplicable and designed to shut down–rather than encourage–discussion. Even a person who personally benefited from U.S. refugee policy, for example, has a right to oppose the admission of additional refugees. Economic and political circumstances change, as does the population of refugees seeking admission to our country. Maybe you support admitting some types of refugees (those like you) and oppose admitting others. Such a position is likely based on ignorance of “the other,” but I don’t think it is necessarily hypocritical.

So condemn Mr. Miller for his bigotry and his lies. Call out the irony of his policies, which would have blocked his own ancestors from finding refuge in our country. But don’t call Stephen Miller a hypocrite. Sadly, he is exactly what he purports to be.

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I personally think that racist, White Nationalist, and White Supremacist, as well as disingenuous are the best terms to describe Miller. And, it’s no coincidence that he once worked for Jeff Sessions.

 

PWS 08-23-18

AS WHITE SUPREMACISTS GATHER TO DISRUPT NATION’S CAPITAL, SESSIONS SUCKS UP TO NOTORIOUS HOMOPHOBIC HATE GROUP – Blames SPLC For Outing His Misconduct & Group’s Agenda Of Hate & Intolerance, Cloaked In Bogus Christianity!

https://thinkprogress.org/jeff-sesions-says-adf-not-hate-group-e0e5af4dfe70/

Zack Ford reports for ThinkProgress:

Jeff Sessions wants to keep working with this hate group, so he told them they aren’t a hate group

The Alliance Defending Freedom is totally a hate group.

CREDIT: Win McNamee/Getty Images
CREDIT: WIN MCNAMEE/GETTY IMAGES

A week after announcing a mysterious new “religious liberty task force,” Attorney General Jeff Sessions once again addressed the Alliance Defending Freedom (ADF) on Wednesday. He assured them that he does not believe they are a hate group for constantly advocating for discrimination against LGBTQ people, and then claimed that his Department of Justice does not “partner with any groups that discriminate.”

Sessions previously spoke to ADF last June, and his at-the-time secret address caused quite a backlash as many in the media pointed out that the Southern Poverty Law Center (SPLC) has identified ADF as an anti-LGBTQ hate group. His remarks were later made public, and ADF took a conservative media tour to claim that they were a victim of this false accusation.

This time, Sessions addressed the controversy head on. After mentioning “the ordeal faced bravely by Jack Phillips,” the baker ADF represented in Supreme Court who blatantly discriminated against a same-sex couple, Sessions told the group that people of faith are facing “a bigoted ideology which is founded on animus towards people of faith.”

“You’ll notice that they don’t rely on the facts,” he said. “They don’t make better arguments. They don’t propose higher ideals. No, they just call people names—like ‘hate group.’”

Sessions claimed that groups like the SPLC wield the “hate group” designation to “bully and intimidate” conservative groups “that refuse to accept their orthodoxy and choose instead to speak their conscience.” He noted, for example, that the label led Amazon to disqualify ADF from its Smile fundraising program.

“You and I may not agree on everything — but I wanted to come back here tonight partly because I wanted to say this: you are not a hate group,” he said.

Contrary to Sessions’ claims, there are ample facts to substantiate ADF’s designation as an anti-LGBTQ hate group — so much so that it’s pure gaslighting to say otherwise. The group has defended wedding vendors challenging nondiscrimination laws, parents and schools that want to reject transgender students, and businesses that want the right to refuse to even employ LGBTQ people. They have even repeatedly advocated for the criminalization of homosexuality. Media Matters recently published a massive report cataloging the litany of ways ADF has demonized LGBTQ people and lobbied against their basic civil rights.

Sessions had made similar remarks about hate group designations at last week’s religious liberty summit, and the SPLC responded. In a letter to Sessions, SPLC President Richard Cohen highlighted some of the facts that led to hate group designations for groups like ADF and the Family Research Council (FRC). “Linking the LGBT community to pedophilia as the FRC and the ADF have done is not an expression of a religious belief,” he wrote. “It is simply a dangerous and ugly falsehood. As you know, FBI hate crime data show that the LGBT community is the minority group most likely targeted for violent hate crimes.”

“If the ADF had its way, gay people would be back in the closet for fear of going to jail,” Cohen wrote. “It’s inappropriate for the nation’s top law enforcement officer to lend the prestige of his office to this group. And it’s ironic to suggest that the rights of ADF sympathizers are under attack when the ADF is doing everything in its power to deny the equal protection of the laws to the LGBT community.”

Sessions may also have been trying to protect his own reputation. In the same speech to ADF, he also insisted that the DOJ “will not partner with hate groups. Not on my watch.”

But of course the DOJ partners constantly with ADF. The Trump administration has backed ADF’s position in multiple cases, ADF’s representatives were front and center at last week’s religious liberty summit (including former ADF staff who now work for the DOJ), and Sessions even consulted with ADF when drafting the “religious freedom” guidance that the new task force will enforce. It’s just that Sessions himself has long advocated against LGBTQ equality, so he doesn’t think there’s anything wrong or hateful when it comes to taking such positions.

Anti-LGBTQ conservatives were quite flattered to have the U.S. attorney general’s support. The Heritage Foundation and The Federalist, as examples, were quick to praise Sessions’ remarks and join the pile-on to smear the SPLC. Rather than respond to the detailed critiques the SPLC provides about their prejudiced positions, anti-LGBTQ hate groups have instead campaigned to besmirch the historic civil rights organization’s reputation.

With Sessions constantly catering to these groups, they have only been more emboldened to express their discriminatory beliefs — further confirming the legitimacy of the SPLC’s designation.
***************************************
Yeah, pretty much says it all about our totally unqualified AG. Pumping up hate groups on the eve of a White Supremacist rally. Just what the country needs from its chief law officer! But, I suppose what you’d expect from a unrepenitent child abuser. Senator Elizabeth Warren tried to tell America who Jeff Sessions really is. But she was silenced and smeared by Mitch McConnell and the GOP, just like the SPLC is being smeared by Sessions.
I actually do have some “higher ideals” to propose — stop misusing the loving, inclusive, foregiving teachings of Jesus Christ in support of hate campaigns against the LGBTQ community; tolerate and respect all people as they are; stop discriminating against LGBTQ individuals; let transgender kids use the bathroom; stop trying to criminalize consenting sexual relations between adults; stop defending business people who bring their religion into the public marketplace by refusing to supply goods and services to members of the LGBTQ community based on so-called “religious beliefs.” Fundamentally, it’s no different than a lunch counter owner claiming that his “religion” forbade him to serve African Americans or Jews.
This story is “Classic Gonzo.”  Confronted with facts — ADF  is a hate group — and the law —  ethics considerations forbid the AG from speaking to hate groups, Sessions lies — says ADF isn’t a hate group — implicitly blames the victims — the LGBTQ community,— and smears their defenders — the SPLC — who happened to be on the side of truth. He also, as he no doubt intended, sent a strong message to all hate groups in America, from White Supremacists on down — Don’t worry, I’ve got your back! As if there were ever any doubt!
Fortunately, Sessions and his disingenuous cohorts won’t be able to evade the judgment of history. That’s why it’s important to keep making the record about who he really is and what he really believes in. And, I can guarantee you it’s not the U.S. Constitution, the rule of law, human decency, or American democracy!
PWS
08-09-18

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.

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

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

 

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

 

JIM CROW’S RETURN: SESSIONS ENDS TOXIC WEEK BY REVEALING HIMSELF AS ANTI-CHRIST! — Makes Bogus Claim That Christian Teaching Supports Child Abuse & Cruelty In The Name of “The Law” — African Americans Well Understand AG’s Perverted Bible Quote Once Used To Justify Slavery And Dehumanization (As Well As Nazism & Apartheid) — Shines Spotlight On His Own Deviance From The Merciful, Healing, Kind, & Forgiving Message of Christ!

Here’s a wonderful response to Sessions by Kansas City Attorney Andrea C. Martinez:

The “Christian” B.S. Litmus Test
By , Andrea C. Martinez, Esq.

To my amazing friends who are atheist, agnostic, or non-Christian. To the good-willed and the pissed-off. To the people who are genuinely confused as to how Jefferson Sessions and Sarah Huckabee Sanders can use the Bible as a justification for abhorrent policies such as the separation of immigrant children from their parents at the border or the persecution of vulnerable asylum seekers, I am a Jesus-follower with a Bible degree from a Christian college and I GIVE YOU PERMISSION TO CALL B.S.

Please join me in calling B.S. whenever you hear people use the Bible to justify the oppression of others. Especially when they misuse and cite Romans 13 to justify their mistreatment. While Romans 13:4 calls us to submit to government authorities because “the one in authority is God’s servant for your good” it does not require us to submit to an unjust law. If the government authority is not acting in a way that reflects God’s law, which is the loving treatment of others, Jesus invites us to participate in civil disobedience. Remember when Jesus healed a man’s hand on the Sabbath in violation of the Jewish law (Mark 3:1-6) and says, “Which is lawful on the Sabbath: to do good or to do evil, to save life or to kill?” Matthew 3:4. Then he goes ahead and heals the man. There are numerous other examples in the Bible of civil disobedience that I would be happy to analyze with you at a different time (like the story of Shadrach, Meshach, and Abednego).

We must look first and foremost to Jesus Himself and His words when deciding whether a law is just and therefore should be followed. Jesus gave us a “Greatest Commandment” litmus test for determining which actions are really done in his name: “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.” Luke 6:31. And Jesus provided us a pretty simple “B.S. Litmus Test” (my words, not Jesus’!) to determine whether an action or law reflects His heart. The B.S. Litmus Test is this: “is this law/action/policy treating others as I would like to be treated?” (Matthew 7:12). And a second question would be, “does this law reflect love or fear?” If the latter, it is not from God. Because “perfect love casts out fear.” 1 John 4:18.

Regarding Jesus’ exact instructions on the treatment of immigrants, read Matthew 25: 34-46. Jesus refers to the immigrant/refugee/foreigner as “the stranger” and says, “Then the King will say to those on his right, ‘Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger (refugee/immigrant/foreigner) and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’ “Then the righteous will answer him, ‘Lord, when did we see you hungry and feed you, or thirsty and give you something to drink?When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?’

“The King will reply, ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’

“Then he will say to those on his left, ‘Depart from me, you who are cursed, into the eternal fire prepared for the devil and his angels. For I was hungry and you gave me nothing to eat, I was thirsty and you gave me nothing to drink, I was a stranger and you did not invite me in, I needed clothes and you did not clothe me, I was sick and in prison and you did not look after me.’
“They also will answer, ‘Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’ “He will reply, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.’ “Then they will go away to eternal punishment, but the righteous to eternal life.” -JESUS

PLEASE BE ON GUARD: when you hear a government official use a passage like Romans 13 to try to justify actions that contradict the commandments of Jesus Himself, it is akin to a lawyer trying to convince a judge that a policy or regulation should be followed even though a statute or the Constitution of the United States itself prohibits it. Oh wait, that is exactly what is happening in the Jeff Sessions video above. The United States has ratified international refugee treaties legally obliging our nation to consider the claims of each asylum-seeker on its own merit and the Attorney General has now created his own self-indulging policy persecuting asylum seekers as a “deterrent” to seeking the protection they are legally entitled to. Laws trump policies in the hierarchy of authority, and Jesus’ words trump unjust government action in the spiritual context.

So please join me in calling BS on policies that oppress the immigrant, the refugee, and the foreigner. No citation to Romans 13 can ever trump Jesus’ calling to love the immigrant in Matthew 25. I stand with Jesus-followers and non-Christians alike in the disgusted renunciation of any attempt to cite Holy Scripture as a justification to oppress the weak or the vulnerable. I proudly stand with Jesus and will continue to defend the “stranger” in my law practice as an act of worship to my Jesus who I know loves and cares for them even more than I do.

Thank You,

Andrea C. Martinez, Esq.

Attorney/Owner

” src=”blob:http://immigrationcourtside.com/1416d79c-b6be-44d1-aab8-d9f091b8c723″ alt=”cid:image001.jpg@01D238F4.0AFDDA30″ class=”Apple-web-attachment”>

7000 NW Prairie View Road, Suite 260

Kansas City, MO 64151

(816) 491-8105: phone

(816) 817-2480: fax

info@martinezimmigration.com

www.martinezimmigration.com

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Thanks Andrea!

I call B.S. But, then most of what Sessions says is B.S.

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Here’s another from JRube in the WashPost:

Attorney General Jeff Sessions displayed an appalling lack of appreciation for the religious establishment clause, not to mention simple human dignity. Speaking to a meeting of the U.S. Conference of Catholic Bishops, and in the wake of the Church’s condemnation of the barbaric policy of separating children from their parents at the border, Sessions proclaimed: “Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government, because God has ordained them for the purpose of order. Orderly and lawful processes are good in themselves and protect the weak and lawful.” Later in the day, White House press secretary Sarah Huckabee Sanders repeated his religious admonition to obey the law.

This is horrifically objectionable on multiple grounds. First, he is a public employee and must uphold the First Amendment’s establishment clause. If Sessions wants to justify a policy, he is obligated to give a secular policy justification. (Citing the Bible — inaptly — to Catholic bishops who exercise their religious conscience in speaking out against family separation may be the quintessential example of chutzpah.) Second, he is a policymaker, in a position tochange a position that is inconsistent with our deepest values, traditions and respect for human rights. Third, the bishops were not advocating civil disobedience; they were objecting to an unjust law. Sessions is trying to use the Bible to squelch dissent.

We should point out that invoking this Biblical passage has a long and sordid history in Sessions’s native South. It was oft-quoted by slave-owners and later segregationists to insist on following existing law institutionalizing slavery (“read as an unequivocal order for Christians to obey state authority, a reading that not only justified southern slavery but authoritarian rule in Nazi Germany and South African apartheid”).

I’m no expert in Christianity, but the Rev. Martin Luther King Jr. was when he drafted his letter from the Birmingham jail:

Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

Sessions perfectly exemplifies how religion should not be used. Pulling out a Bible or any other religious text to say it supports one’s view on a matter of public policy is rarely going to be effective, for it defines political opponents as heretics.

The bishops and other religious figures are speaking out as their religious conscience dictates, which they are morally obligated to do and are constitutionally protected in doing. A statement from the conference of bishops, to which Sessions objected, read in part:

At its core, asylum is an instrument to preserve the right to life. The Attorney General’s recent decision elicits deep concern because it potentially strips asylum from many women who lack adequate protection. These vulnerable women will now face return to the extreme dangers of domestic violence in their home country. This decision negates decades of precedents that have provided protection to women fleeing domestic violence.

Reminding the administration of the meaning of family values, the bishops continued, “Families are the foundational element of our society and they must be able to stay together. While protecting our borders is important, we can and must do better as a government, and as a society, to find other ways to ensure that safety. Separating babies from their mothers is not the answer and is immoral.”

The Catholics are not alone. The administration’s vile policy has alarmed a wide array of faith leaders. The Southern Baptist Convention issued their own statement. It is quoted at length because it is so powerful:

WHEREAS, Every man, woman, and child from every language, race, and nation is a special creation of God, made in His own image (Genesis 1:26–27); and

WHEREAS, Longings to protect one’s family from warfare, violence, disease, extreme poverty, and other destitute conditions are universal, driving millions of people to leave their homelands to seek a better life for themselves, their children, and their grandchildren; and

WHEREAS, God commands His people to treat immigrants with the same respect and dignity as those native born (Leviticus 19:33–34Jeremiah 7:5–7Ezekiel 47:22Zechariah 7:9–10); and

WHEREAS, Scripture is clear on the believer’s hospitality towards immigrants, stating that meeting the material needs of “strangers” is tantamount to serving the Lord Jesus Himself (Matthew 25:35–40Hebrews 13:2); and

WHEREAS, Southern Baptists affirm the value of the family, stating in The Baptist Faith and Message that “God has ordained the family as the foundational institution of human society” (Article XVIII), and Scripture makes clear that parents are uniquely responsible to raise their children “in the training and instruction of the Lord” (Ephesians 6:4).  . . .

RESOLVED, That the messengers to the Southern Baptist Convention meeting in Dallas, Texas, June 12–13, 2018, affirm the value and dignity of immigrants, regardless of their race, religion, ethnicity, culture, national origin, or legal status; and be it further

RESOLVED, That we desire to see immigration reform include an emphasis on securing our borders and providing a pathway to legal status with appropriate restitutionary measures, maintaining the priority of family unity, resulting in an efficient immigration system that honors the value and dignity of those seeking a better life for themselves and their families; and be it further

RESOLVED, That we declare that any form of nativism, mistreatment, or exploitation is inconsistent with the gospel of Jesus Christ; and be it further

RESOLVED, That we encourage all elected officials, especially those who are members of Southern Baptist churches, to do everything in their power to advocate for a just and equitable immigration system, those in the professional community to seek ways to administer just and compassionate care for the immigrants in their community, and our Southern Baptist entities to provide resources that will equip and empower churches and church members to reach and serve immigrant communities. . . .

Rabbi David Wolpe dryly observed that “until 2018, I don’t believe any reader of the Bible has argued that separating families is rooted in the Bible, and if the Bible is about obeying the government, it is hard to understand what all those prophets were yelling at the kings about.” (Meanwhile, 26 Jewish organizations sent a letter condemning the policy to Sessions.)

Peter Wehner of the Ethics and Public Policy Center has written extensively on the role of religion in politics. “I would say that this is just the most recent, but also one of the most egregious, ways that those who call themselves Christians are disfiguring and discrediting their faith. They are living in an inverted moral world, where the Bible is being invoked to advance cruelty,” he said. “Rather than owning up to what they are doing, they are trying to sacralize their inhumane policies. They are attempting to harm children and then dress it up as Christian ethics.”

He added: “This shows you the terrible damage that can be done to the Christian witness when the wrong people attain positions of power. They subordinate every good thing to their ideology, twisting and distorting everything they must to advance their political cause. In this case, it’s not simply that an authentic Christian ethic is subordinate to their inhumane politics; it is that it is being thoroughly corrupted, to the point that they are using the Bible to justify what is unjustifiable.”

If the administration is embarrassed by a policy they are trying to insist is required by law (that is untrue, and I know the prohibition against lying is very biblical) they should change it. Trump and his aides need to stop shifting blame to other politicians, and stop telling Christians what their obligations are. Frankly, the lack of outrage from Trump’s clique of evangelical supporters on this issue is not simply unusual given the near-universal outrage in faith-based communities, but is a reminder that leaders of  “values voters” traded faith for the political game of power and access. As Wehner put it, “To watch the Christian faith be stained in this way by people like Jeff Sessions and Sarah Huckabee Sanders is painful and quite a disturbing thing to watch. I don’t know whether they realize the defilement they’re engaging in, but that’s somewhat beside the point. The defilement is happening, and they are leading the effort. It’s shameful, and it’s heretical.”

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Remarkably, Sessions claims to be a Christian and a Methodist (although I can’t for the life of me find a speck of the actual kind, merciful, forgiving, teachings of Jesus Christ in any aspect of Sessions’s life, career, or actions). He’s one of the most “unChristian” people I’ve ever witnessed in American public life. And, I’ve seen some pretty bad actors, going all the way back to infamous Wisconsin GOP Senator Joe McCarthy! In his own way, Sessions is just as far removed from the true meaning of Christ’s teaching as his pagan, idolatrous boss, Trump.

At any rate, the Methodist Council of Bishops has joined other religious denominations in condemning Sessions’s policies of cruelty and child abuse.

Faith leaders’ statement on family separation

FOR IMMEDIATE RELEASE
Thursday, June 7, 2018

WASHINGTON, D.C. — The Council of Bishops of The United Methodist Church is joining other faith organizations in a statement urging the U.S. government to stop its policy of separating immigrant families.

Below is the full statement signed by dozens of faith organizations. Bishop Kenneth H.  Carter, president of the Council of Bishops, signed on behalf of the Council.

FAITH LEADERS’ STATEMENT ON FAMILY SEPARATION 

Recently, the U.S. Administration announced that it will begin separating families and criminally prosecuting all people who enter the U.S. without previous authorization. As religious leaders representing diverse faith perspectives, united in our concern for the well-being of vulnerable migrants who cross our borders fleeing from danger and threats to their lives, we are deeply disappointed and pained to hear this news.

We affirm the family as a foundational societal structure to support human community and understand the household as an estate blessed by God. The security of the family provides critical mental, physical and emotional support to the development and wellbeing of children. Our congregations and agencies serve many migrant families that have recently arrived in the United States. Leaving their communities is often the only option they have to provide safety for their children and protect them from harm. Tearing children away from parents who have made a dangerous journey to provide a safe and sufficient life for them is unnecessarily cruel and detrimental to the well-being of parents and children.

As we continue to serve and love our neighbor, we pray for the children and families that will suffer due to this policy and urge the Administration to stop their policy of separating families.

His Eminence Archbishop Vicken Aykazian
Diocesan Legate and
Director of the Ecumenical Office
Diocese of the Armenian Church of America

Mr. Azhar Azeez
President
Islamic Society of North America

The Most Rev. Joseph C. Bambera
Bishop of Scranton, PA
Chair, Bishops’ Committee for Ecumenical and Interreligious Affairs

Senior Bishop George E. Battle, Jr.
Presiding Prelate, Piedmont Episcopal District
African Methodist Episcopal Zion Church

Bishop Kenneth H. Carter, Jr.
President, Council of Bishops
The United Methodist Church

The Most Rev. Michael B. Curry
Presiding Bishop
Episcopal Church (United States)

The Rev. Dr. John C. Dorhauer
General Minister & President
United Church of Christ

The Rev. Elizabeth A. Eaton
Presiding Bishop
Evangelical Lutheran Church in America

The Rev. David Guthrie
President, Provincial Elders’ Conference
Moravian Church Southern Province

Mr. Glen Guyton
Executive Director
Mennonite Church USA

The Rev. Teresa Hord Owens
General Minister and President
Christian Church (Disciples of Christ)

Rabbi Rick Jacobs
President
Union for Reform Judaism

Mr. Anwar Khan
President
Islamic Relief USA

The Rev. Dr. Betsy Miller
President, Provincial Elders’ Conference
Moravian Church Northern Province

The Rev. Dr. J. Herbert Nelson II
Stated Clerk
Presbyterian Church (USA)

Rabbi Jonah Pesner
Director
Religious Action Center of Reform Judaism

The Rev. Don Poest
Interim General Secretary
The Rev. Eddy Alemán
Candidate for General Secretary
Reformed Church in America

Senior Bishop Lawrence Reddick III
Presiding Bishop, The 8th Episcopal District
Christian Methodist Episcopal Church

The Rev. Phil Tom
Executive Director
International Council of Community Churches

Senior Bishop McKinley Young
Presiding Prelate, Third Episcopal District
African Methodist Episcopal Church

###

Media Contact:
Rev. Dr. Maidstone Mulenga
Director of Communications – Council of Bishops
The United Methodist Church
mmulenga@umc-cob.org
202-748-5172

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Ed Kilgore over at NY Magazine also nails Sessions’s noxious hypocrisy:

http://nymag.com/daily/intelligencer/2018/06/no-jeff-sessions-separating-families-isnt-biblical.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily%20Intelligencer-%20June%2015%2C%202018&utm_term=Subscription%20List%20-%20Daily%20Intelligencer%20%281%20Year%29

No, Jeff Sessions, Separating Kids From Their Parents Isn’t ‘Biblical’

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St. Paul would probably like Jeff Sessions to keep his name out of his mouth. Photo: Getty Images

When he spoke to a law enforcement group in Indiana today, the attorney general of the United States was clearly angry about religious objections to his administration’s immigration policies. He may have had in mind incidents like this very important one this week (as notedby the National Catholic Reporter):

The U.S. bishops began their annual spring assembly by condemning recent immigration policies from the Trump administration that have separated families at the U.S.-Mexico border and threatened to deny asylum for people fleeing violence.

The morning session here began with a statement, but by its end escalated to numerous bishops endorsing the idea of sending a delegation to the border to inspect the detention facilities where children are being kept and even floating the possibility of “canonical penalties” for those involved in carrying out the policies.

Being a Protestant and all, Sessions has no fear of the kind of “canonical penalties” Catholic bishops might levy. But perhaps he is aware of an official resolution passed by his own United Methodist Church in 2008 (and reaffirmed in 2016), which reads in part:

The fear and anguish so many migrants in the United States live under are due to federal raids, indefinite detention, and deportations which tear apart families and create an atmosphere of panic. Millions of immigrants are denied legal entry to the US due to quotas and race and class barriers, even as employers seek their labor. US policies, as well as economic and political conditions in their home countries, often force migrants to leave their homes. With the legal avenues closed, immigrants who come in order to support their families must live in the shadows and in intense exploitation and fear. In the face of these unjust laws and the systematic deportation of migrants instituted by the Department of Homeland Security, God’s people must stand in solidarity with the migrants in our midst.

So Sessions decided he’d smite all these ninny-faced liberal clerics with his own interpretation of the intersection of Christianity and immigration:

In his remarks, Sessions hit back at the “concerns raised by our church friends about separating families,” calling the criticism “not fair or logical” and quoting scripture in his defense of the administration’s tough policies.

“Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government because God has ordained them for the purpose of order,” Sessions said. “Orderly and lawful processes are good in themselves and protect the weak and lawful.”

Those who are unacquainted with the Bible should be aware that the brief seven-verse portion of St. Paul’s Epistle to the Romans has been throughout the ages cited to oppose resistance to just about every unjust law or regime you can imagine. As the Atlantic’s Yoni Appelbaum quickly pointed out, it was especially popular among those opposing resistance to the Fugitive Slave Act in the run-up to the Civil War. It was reportedly Adolf Hitler’s favorite biblical passage. And it was used by defenders of South African Apartheid and of our own Jim Crow.

Sessions’s suggestion that Romans 13 represents some sort of absolute, inflexible rule for the universe has been refuted by religious authorities again and again, most quoting St. Augustine in saying that “an unjust law is no law at all,” and many drawing attention to the overall context of Paul’s epistle, which was in many respects the great charter of Christian liberty and the great rebuke to legalism in every form. Paul was pretty clearly rejecting a significant sentiment among Christians of his day: that civil authorities deserved no obedience in any circumstance.

Beyond that, even if taken literally, in Romans 13 Paul is the shepherd telling the sheep that just as they must love their enemies, they must also recognize that the wolf is part of a divinely established order. In today’s context, Jeff Sessions is the wolf, and no matter what you think of his policies, he is not entitled to quote the shepherd on his own behalf. Maybe those desperate women and men at the border should suck it up and accept their terrible lot in life and defer to Jeff Sessions’s idolatry toward those portions of secular immigration law that he and his president actually support. But for the sake of all that’s holy, don’t quote the Bible to make the Trump administration’s policies towards immigrant families sound godly. And keep St. Paul out of it.

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Last, but certainly not least among my favorite rebuttals to Sessions is this article from Marissa Martinelli at Slate incorporating a video clip from John Oliver which captures the smallness, meanness, and lack of humane values of Sessions perfectly:

https://slate.com/culture/2018/06/stephen-colbert-quotes-the-bible-to-jeff-sessions-video.html

Stephen Colbert Tells Jeff Sessions to Go Reread the Bible Before He Defends Trump’s Child Separation Policy

By

There’s nothing funny about the Trump administration’s policy of separating children from their parents at the border, which doesn’t make it an ideal topic for late night hosts. Stephen Colbert acknowledged that difficulty directly on The Late Show on Thursday night, explaining that he usually only addresses tragic stories on the show if everyone is already talking about them. But he’s willing to make an exception:

That’s my job: to give you my take on the conversation everyone’s already having. With any luck, my take is funnier than yours, or I would be watching you. But this story is different, because this is the conversation everybody should be having. Attorney General and man dreaming of legally changing his name to “Jim Crow” Jeff Sessions has instituted a new policy to separate immigrant kids from their parents at the border.

An estimated 1,358 children have been taken from their families so far, with some officials reportedly telling their parents that the children were being taken away for a bath, only to never return them. “Clearly, no decent human being could defend that,” said Colbert. “So Jeff Sessions did.”

Colbert, who is devoutly Catholic, especially took issue with Sessions quoting the bible—specifically, Romans 13, the same passage used to defend slavery in the 1840s—to justify the policy as morally acceptable. Colbert suggested that Sessions might want to go back and reread that bible, and quoted Romans 13:10 to him. “Love your neighbor as yourself. Love does no harm to a neighbor. Therefore love is the fulfillment of the law,” he recited, before ripping into Sessions’s use of the bible as a smokescreen: “I’m not surprised Sessions didn’t read the whole thing. After all, Jesus said, ‘Suffer the children to come unto me’ but I’m pretty sure all Sessions saw was the words children and suffer and said ‘I’m on it.’”

Colbert concluded the segment by borrowing a phrase from Samantha Bee: “If we let this happen in our name, we are a feckless … country.”

Here’s a link to the video:

https://www.youtube.com/watch?v=j4KaLkYxMZ8#action=share

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A NOTE TO MY WAYWARD CHILD, JEFF

I am very concerned about our relationship, Jeff.

For I was hungry Jeff, and you gave me nothing to eat.

I was thirsty, Jeff, and you gave me nothing to drink. 

I was a stranger seeking refuge, Jeff, and you did not invite me in.

I needed clothes, Jeff, and you clothed me only in the orange jumpsuit of a prisoner.

I was sick and in a foul prison you called “detention,” Jeff, and you mocked me and did not look after me.

I said “suffer the children to come unto me,” Jeff, and you made my children suffer.

In your arrogant ignorance, Jeff, you might ask when did I see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’

But, Jeff, I was right there before you, in a caravan with my poor sisters, brothers, and children, having traveled far, seeking shelter and refuge from mistreatment and expecting mercy and justice under your laws. But, in your prejudice and ignorance, Jeff, you did not see me because I did not look like one of you. For you see, Jeff, as you did not show love, mercy, forgiveness, kindness, and human compassion for the least of my children, you did not do for me.

And so, Jeff, unless you repent of your wasted life of sins, selfishness, meanness, taking my name and teachings in vain, and mistaking your often flawed view of man’s laws for my Father’s will, you must go away to eternal punishment. But, the poor, the vulnerable, the abused, and the children who travel with me and those who give us aid, compassion, justice, and mercy will accompany me to eternal life.

For in truth, Jeff, although you yourself might be immoral, none of God’s children is ever “illegal” to  Him. Each time you spout such nonsense, you once again mock me and my Father by taking our names, teachings, and values in vain.

Wise up, Jeff, before it’s too late.

Your Lord & Would Be Savior,

J.C.

 

 

 

EUGENE ROBINSON @ WASHPOST – THE ST. LOUIS DOCKS AGAIN AT OUR SOUTHERN BORDER — TRUMP, SESSIONS & CO. WANT THE US TO FAIL THE MORAL TEST AGAIN – But, This Time It’s Anti-Hispanic Racism, Rather Than Anti-Semitism Behind Our Government’s Intentional Immorality — Trump & Sessions “are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.”

https://www.washingtonpost.com/opinions/the-immigrant-caravan-is-a-test-trump-wants-us-to-fail/2018/04/30/124b975c-4cb4-11e8-84a0-458a1aa9ac0a_story.html?noredirect=on&utm_term=.72fbc5bc8d11

The immigrant ‘caravan’ is a test. Trump wants us to fail.

The “caravan” of asylum-seeking migrants that has finally arrived at the U.S.-Mexico border is a test of American character and purpose — a test President Trump wants us to fail.

I put caravan in quotation marks because the group that reached Tijuana hardly qualifies for the term. Just a few dozen would-be entrants presented themselves at the Port of San Ysidro on Sunday — only to be told that U.S. immigration officials were too busy to attend to them. Another several hundred were reported to be in the general area, waiting their turn to attempt to cross the border.

Trump has spoken of these people as if they were some kind of rampaging horde. Attorney General Jeff Sessions has accused them of “a deliberate attempt to undermine our laws and overwhelm our system.” The truth is that this sort of thing happens every year: Would-be migrants seek safety in numbers as they make the long and perilous trek north through Mexico.

Sessions probably understands this context; Trump probably doesn’t. But I believe both are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.

While he and his administration were being appropriately roasted at the White House Correspondents’ Associationdinner on Saturday evening, Trump was at a rally in Michigan saying that our immigration laws are “corrupt . . . so corrupt” and that the motives of those who defend our nation’s traditional role as a haven for asylum seekers are political. “The Democrats actually feel, and they are probably right, that all of these people that are pouring across are going to vote for Democrats, they’re not going to vote for Republicans.”

They’re not going to vote for anybody, of course, since they’re not citizens. Truth doesn’t matter to Trump. But you knew that.

What seems to really drive the president crazy is that the United States remains a haven for those fleeing persecution. Trump laid out his complaint Saturday: “If a person puts their foot over the line, we have to take them into our country, we have to register them. We then have to ask them a couple of questions. Lawyers are telling them what to say. How unsafe they are. And once they say that, we have to let them go, to come back to court in like a year. Only one problem: They don’t come back, okay. That’s the end. Welcome to the United States.”

You will have noticed that missing from Trump’s rant is any sense of morality or mission.

There is a reason the law makes provision for those seeking asylum. In 1939, Congress rejected a bill that would have admitted 20,000 German Jewish children. Later that year, authorities refused to allow the St. Louis, a ship carrying about 900 German Jews, to dock in Miami; the Coast Guard sent out patrol boats to warn the ship away. The St. Louis was forced to return to Europe, and 254 of its passengers later perished during the Holocaust.

That shameful history led to changes in immigration policy that prohibit rejecting claims of asylum out of hand. The bar is high, but many of the Central American asylum seekers probably clear it.

In El Salvador, Honduras and Guatemala, the major threat comes from rampant gang violence. Boys are often offered a stark choice: Join a gang or be killed. Girls are threatened with rape. It is easy to say this is a problem local elected officials and police ought to solve, but government institutions are weak, and corruption is widespread. What choice does a family under imminent threat have but to flee? What would you do?

It is of course true that not every Central American who asks for asylum truly merits it. That’s why each case is examined and evaluated, with all the time needed to reach a proper determination — which is how the migrants now at the border must be handled, despite what Trump and Sessions might prefer.

To close our eyes and hearts to legitimate claims of persecution would be to repeat the shameful and tragic mistakes of the World War II era. If the subjects of Trump’s demagoguery were summarily denied entry, as he apparently would like, most would be forced to go home and some would be killed. That would be a terrible stain on the nation’s conscience.

I’m tempted to add that it would be a stain on Trump’s conscience as well, but it’s not clear that he has one.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

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I remember walking through the “St. Louis Exhibit” at the Holocaust Museum (on an EOIR-sponsored tour, no less, for a long ago and far away Annual Judges Conference — my how official racism & xenophobia have changed things) and asking myself how we could have done that to our fellow human beings.

Then, we had a “special session” explaining the catastrophic failure and cowardice of the German Judiciary during the Nazi rise to power. Judge after judge “adhered to the rule of law” even when those laws unfairly disenfranchised Jews, deprived them of their properly and lawful occupations, and eventually sentenced them to mass death!

I’ve now come to the unhappy realization that the St. Louis might have represented the norm, rather than the exception, to the reality of American democracy and its serious anti-Semitic and racially biased undertones. And, the actions of the corrupt & cowardly German judges of that era are certainly what Trump, Sessions, and their cronies are referring to when they disingenuously pontificate about “the rule of law” and looking for judges, Government officials, and lawyers who are committed to applying it in a biased and one-sided fashion

It’s their rule of law, as they consistently misconstrue it to protect only their favored political and racial groups, and misuse it “punish enemies” and to carry our their increasingly racist, White Nationalist agenda.

And yet 40% of our fellow countrymen are enthusiastically supportive of this heinous agenda. What’s wrong with them? Why ask ourselves how Nazism could have overtaken Germany when we’re in the process of trying to repeat that sordid history here? It’s pretty easy to see Hitler rallies of the 1930s in the Trump rallies of today. The same vicious disregard of both the truth and humanity, scapegoating, and an attacks on the true rule of law and on those who stand up for democracy, all wrapped in an appeal to false religious nationalism! 

We’re failing as a nation on both a moral and a legal basis. It remains to be seen whether the resistance to Trump, his supporters, and his enablers will be sufficient to preserve democracy and human decency in America.

PWS

05-01-18