UNDER THE RADAR: Trump Administration Implementing “Muslim Ban” Without Fanfare!

https://www.nytimes.com/2017/07/18/opinion/trump-muslim-ban-supreme-court.html?em_pos=small&emc=edit_ty_20170718&nl=opinion-today&nl_art=3&nlid=79213886&ref=headline&te=1&_r=0

“Lost amid the uproar over the Trump administration’s travel restrictions on citizens from Muslim-majority countries and the impending showdown at the Supreme Court are the insidious ways that the government has already begun to impose a Muslim ban.

It’s doing so through deceptively boring means: increasing administrative hurdles and cementing or even expanding the current travel restrictions that are not under review at the court. The collective impact of these changes will be that a permanent Muslim ban is enshrined into American immigration policy.

. . . .

The Twitterverse and cable news pundits are unlikely to be mobilized by policy changes that come about through these types of bureaucratic processes. Most people are not closely following the intricacies of visa vetting and screening.

That’s a shame because there is already evidence that they are working. The number of visas issued to citizens from Muslim-majority countries has decreased by double digits. Among nearly 50 Muslim-majority countries, nonimmigrant visas declined almost 20 percent in April, compared with the monthly average from 2016. Visas issued to people from Iran, Syria, Sudan, Somalia, Libya and Yemen, the six countries on the travel ban list, were down 55 percent. Those figures will continue to get worse if these other provisions are implemented.

Finally, consider an embarrassing incident. An Afghan girls’ robotics team was initially denied entry into the United States to participate in a science competition. It was only after public outcry and an intervention by President Trump that they were granted passage. Situations like that are also likely to have a chilling effect on people from Muslim-majority countries, resulting in further decreases.

A Muslim ban, even when implemented through seemingly mundane bureaucratic processes, simply has no place in our country.

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

 

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

TRUMP ADMINISTRATION ASKS SUPREMES TO INTERVENE (AGAIN) IN TRAVEL BAN CASE!

http://www.huffingtonpost.com/entry/trump-supreme-court-travel-appeal_us_596980fde4b017418627ad08

HuffPost reports:

“The U.S. Justice Department on Friday asked the Supreme Court to block a judge’s ruling that prevented President Donald Trump’s travel ban from being applied to grandparents of U.S. citizens and refugees already being processed by resettlement agencies.

In a court filing, the administration asked the justices to overturn Thursday’s decision by a U.S. district judge in Hawaii, which limited the scope of the administration’s temporary ban on refugees and travelers from six Muslim-majority countries.

The latest round in the fight over Trump’s March 6 executive order, which he says is needed for national security reasons, came after the Supreme Court intervened last month to partially revive the two bans, which were blocked by lower courts.

The Supreme Court said then that the ban could take effect, but that people with a “bona fide relationship” to a U.S. person or entity could not be barred.

The administration had narrowly interpreted that language, saying the ban would apply to grandparents and other family members, prompting the state of Hawaii to ask Hawaii-based U.S. District Judge Derrick Watson to expand the definition of who could be admitted. He ruled for the state late on Thursday.

In the court filing, the Justice Department said the judge’s ruling “empties the (Supreme) Court’s decision of meaning, as it encompasses not just “close” family members but virtually all family members.

The conservative-leaning Supreme Court is not currently in session but the justices can handle emergency requests. The administration’s application could be directed either to Justice Anthony Kennedy, who has responsibility for emergency requests from western states, or to the nine justices as a whole. If the court as a whole is asked to weigh in, five votes are needed to grant such a request.

“The truth here is that the government’s interpretation of the Supreme Court’s stay order defies common sense,” said Omar Jadwat, a lawyer with the American Civil Liberties Union involved in challenging the ban. “That’s what the district court correctly found and the attorney general’s misleading attacks on its decision can’t change that fact.”

In his decision, Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense.”

Watson also ruled that the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the United States because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.”

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Read the complete article at the link.

Wow, for a group that despises and disses Federal Judges on a regular basis, the Trumpsters seem to be always calling on them for help!

Hard to see what the “emergency” would be that can’t wait till October.

PWS

07-14-17

 

BREAKING: GRANDPARENTS, REFUGEES WIN, TRUMP LOSES (AGAIN) — JUDGE WATSON EXPANDS TRAVEL BAN EXCEPTIONS!

Here’s U.S. District Judge Derrick Watson’s full opinion:

https://assets.documentcloud.org/documents/3894503/Hawaii-v-Trump-Motify-Injunction-Order.pdf

KEY EXCERPTS

“PREDETERMINED AND UNDULY RESTRICTIVE:”

“First, the Government’s utilization of the specific, family-based visa provisions of the INA identified above constitutes cherry-picking and resulted in a

predetermined and unduly restrictive reading of “close familial relationship.” Other, equally relevant federal immigration statutes define a close family in a much broader manner.”

“ANTHESIS OF COMMON SENSE:”

“In sum, the Government’s definition of “close familial relationship” is not only not compelled by the Supreme Court’s June 26 decision, but contradicts it.

Equally problematic, the Government’s definition represents the antithesis of common sense. Common sense, for instance, dictates that close family members be defined to include grandparents. Indeed, grandparents are the epitome of close family members. The Government’s definition excludes them. That simply cannot be. See generally Klayman v. Obama, 142 F. Supp. 3d 172, 188 (D.D.C. 2015) (noting that courts should not “abandon all common sense” when considering injunctive relief).”

“BONA FIDE DOES NOT GET ANY MORE BONA FIDE THAN THAT:”

“Nothing in the Supreme Court’s decision requires a refugee to enter into a contract with a United States entity in order to demonstrate the type of formal relationship necessary to avoid the effects of EO-2. An assurance from a United States refugee resettlement agency, in fact, meets each of the Supreme Court’s touchstones: it is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security, and it is issued in the ordinary course, and historically has been for decades. See Slip Op. at 12. Bona fide does not get any more bona fide than that.11 Accordingly, Plaintiffs’ Motion is granted with respect to this specific request for injunctive relief.”

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PWS

07-14-17

WISCONSIN GOP JUMPS ON BANDWAGON TO SOLVE IMAGINARY PROBLEM OF SHARIA LAW! — “[N]one in Wisconsin, thankfully!”

http://www.jsonline.com/story/news/2017/07/10/wisconsin-bill-preserving-u-s-laws-promoting-islamophobia/452810001/

The Milwaukee Journal-Sentinal reports:

“Since 2010, at least 10 states have passed laws aimed at fighting what a network of far-right organizations insist is the encroachment of Sharia law into American courts.

Now, a group of state lawmakers would like to see Wisconsin follow suit.

State Rep. Thomas Weatherston (R-Caledonia) is spearheading an effort to pass a so-called “American Laws for American Courts” bill, which would bar Wisconsin judges from applying foreign laws — including those based on Islamic law — if doing so would violate fundamental human rights protected by the U.S. and Wisconsin constitutions.

Weatherston said he’s “not concerned about Muslims.” In fact, his bill, like others across the country, doesn’t explicitly mention Sharia. But he is worried, he said, “about other countries’ laws creeping into the United States.”

“Especially religious laws, no matter what the origin is,” said Weatherston. “I’m just making sure that U.S. laws are heard in U.S. courts.”

Critics, including the American Bar Association and many non-Muslims, argue that the laws are unnecessary because such protections already exist in American jurisprudence. And they’re seen by many as part of a larger agenda to vilify Muslims.

“If you look at the promotional materials, the lobbying, it’s the same people who are pushing against Sharia around the country — holding rallies, talking about ‘Sharia creep’ and Muslims taking over,” said Asifa Quraishi-Landes, who teaches constitutional and Islamic law at the University of Wisconsin-Madison and serves as president of the National Association of Muslim Lawyers. “They see any acknowledgment of Sharia in American Muslim life as a first step to the Trojan Horse.”

Last week, the Council on American-Islamic Relations called on Legislative leaders to reject the bill, saying it’s unconstitutional and “contrary to our nation’s crucial principle of not elevating or marginalizing one faith community.”

Sharia, meaning “path,” is the Islamic law, a set of guiding principles that touch on every aspect of Muslim life, from how one dresses and prays to marriage and business contracts. Aspects of it are embedded in the legal systems of Muslim-majority countries, and its tenets are interpreted variously based on the country and schools of Islamic thought. Those who are suspicious of Islam point to its harsher punishments, such as stoning and amputations in rare cases, and its bias in many cases against women.

American Laws for American Courts, or ALAC, was developed by the nonprofit advocacy group American Public Policy Alliance, David Yerushalmi of the Center for Security Policy and others as a way to address the constitutional challenges raised against the earliest versions of the laws — in Tennessee and Oklahoma — which explicitly singled out Sharia.

The newer versions make no mention of Sharia, referencing instead “foreign laws.” But the groups that promote them openly disparage Sharia as a threat to American values and liberties and a vehicle for imposing worldwide Islamic rule.”

. . . .

“Gélé said there have been hundreds of cases in which Islamic law has been invoked in U.S. courts, often to the detriment of women and children. And Weatherston said his office has found at least 70 others, though “none in Wisconsin, thankfully.”

Quraishi-Landes, the UW-Madison professor, disputes their claims. She said courts already look to public policy and constitutional protections — for example, the right to equal protection — as the bases for their rulings. She said she has reviewed all of the cases cited by the Center for Security Policy and found none in which the courts ultimatelyenforced a religious law that violated a fundamental civil right.

“To us, that is an example of the system working,” she said.

Invoking Sharia principles in a family matter is no different from other religious minorities invoking their religious principles in civil cases, she said, pointing to the Beth Dins, or rabbinical tribunals used by Orthodox Jews to negotiate disputes, which are recognized by state courts.

The “American Laws for American Courts” bills have been criticized by Jewish and Catholic groups concerned that their rights to invoke religious principles could also be affected.

In Catholic church bankruptcies, for example, including Milwaukee’s, the church has cited canon law to defend the way it responded to the sexual abuse crisis and to protect assets.

“Americans who care about religious liberty should be concerned about anti-Sharia laws,” even those purporting to address foreign laws, said Robert Vischer, dean of the School of Law at St. Thomas University in Minneapolis.

“Suggesting that the religious convictions of citizens have no place in our courts misunderstands the function of our legal system and sends a troubling message about the place of religion in our society.”

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Read the complete article at the link.

The GOP often “fakes” concern about expenditure of public funds. However, in reality, they waste countless taxpayer dollars pursuing unnecessary, unneeded, and divisive pet projects of the far right.

PWS

07-13-17

WHITE NATIONALISTS IN WHITE HOUSE AIM TO STRIP VISA AND REFUGEE FUNCTIONS FROM STATE DEPT!

https://www.washingtonpost.com/opinions/global-opinions/battle-emerging-inside-trump-administration-over-who-controls-immigration-and-refugees/2017/07/09/006c6e9a-6357-11e7-8adc-fea80e32bf47_story.html?hpid=hp_no-name_opinion-card-c%3Ahomepage%2Fstory&utm_term=.afef8f7696dd

Josh Rogin writes in a WashPost op-ed:

“When President Trump spoke of the need to defend Western civilization in Poland last week, many saw an effort by him and some of his top White House advisers to redefine the mission of American foreign policy away from building relationships and spreading democratic principles, to a more protective stance drawing sharp lines between the United States and those perceived as threats.

One emerging flash point in that struggle is the internal administration debate over which part of the government should be in charge of deciding who gets into the United States.

Ever since the passage of the Immigration and Nationality Act in 1952, that mission has been charged to the State Department. Thousands of diplomats not only stamp passports and issue visas, but also craft policy and make recommendations about who gets to visit, work and seek refuge in the United States. That tradition has now come into question.

A document crafted by senior White House advisers, first reported by CNN, includes proposals to move the State Department’s Bureau of Consular Affairs and Bureau of Population, Refugees and Migration over to the Department of Homeland Security. White House policy adviser Stephen Miller, who helped craft the document, has reportedly been pushing Secretary of State Rex Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.

. . . .

That nativist strain in the White House is represented by Miller, who was the principal author of Trump’s travel ban, which targeted six Muslim-majority countries, as well as of Trump’s speech last week in Poland, which cast the mission of U.S. foreign policy as one based on threats, not relationships.

“The fundamental question of our time is whether the West has the will to survive,” Trump said. “Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”

Viewing immigration and refugee programs through that lens alone is the opposite of courage. Only through a humane, non-discriminatory approach, led by diplomats and integrated with the rest of American foreign policy, can the United States achieve long-term stability abroad and security at home.”

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Sometimes, all you need to know about a “bureaucratic reorganization” is who is sponsoring it. On its face, combining all immigration related functions in one agency could make sense and has been discussed in various forums for years. But, once we know that racist white nationalist Stephen Miller, a disciple of Steve Bannon and Jeff Sessions, is sponsoring the proposal, it’s obvious that it has nothing to do with efficiency or security and everything to do with advancing a racist, xenophobic, white nationalist agenda. That an out of touch, anti-social, extremist like Miller, who has no known positive accomplishments in his life, should be in the White House and shaping national and international policy should be of concern to every American who believes in the tenants of Western liberal democracy.

PWS

07-09-17

 

 

9th Stuffs Hawaii On Travel Ban 2.0 — No Jurisdiction!

http://thehill.com/policy/national-security/341072-hawaii-loses-final-appeal-to-narrow-scope-of-travel-ban

Alicia Cohn reports in The Hill:

“Hawaii must wait on the Supreme Court to rule on President Trump’s so-called travel ban after losing a Friday appeal on an emergency motion to narrow the scope of the ban.

The 9th U.S. Circuit Court of Appeals in San Francisco ruled it does not have jurisdiction to clarify the U.S. Supreme Court’s decision regarding the ban, Reuters reported.

The Supreme Court last month granted the Trump administration’s request to implement part of the travel ban meant to temporarily block people from six predominantly Muslim countries from entering the United States.

The ban as currently implemented prevents travelers from six predominately Muslim countries entering the country if they lack a “bona fide relationship with any person or entity in the United States.”

Trump called the Supreme Court order a “clear victory for our national security.”

Hawaii challenged the ban in its current form this week, asking the U.S. District Court of the District of Hawaii to narrow its scope to define “bona fide relationship.” The state called it “preposterous” that the phrase does not appear to include fiances or grandparents.

However, a federal court judge said the state will have to turn to the Supreme Court for clarity.

“Because plaintiffs seek clarification of the June 26, 2017 injunction modifications authored by the Supreme Court, clarification should be sought there, not here,” District Court Judge Derrick K. Watson of the District Court of the District of Hawaii wrote.

Hawaii then filed an appeal Friday that was also denied.

The Supreme Court will hear the travel ban case when it returns for the fall term, which begins in October.”

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Looks like the DHS definitions will remain in effect at least until the Fall.

 

PWS

07-09-17

 

 

JAMELLE BOUIE IN SLATE: Trump’s Hypocritical “Defense Of Western Values” Is Really About White Nationalism!

http://www.slate.com/articles/news_and_politics/politics/2017/07/the_white_nationalist_roots_of_donald_trump_s_warsaw_speech.html

Bouie writes:

“Thus far, Donald Trump has governed as a typical Republican president, with the usual suite of tax cuts, deregulation, and conservative nominees for the federal bench. The difference is that unlike his predecessors, Trump isn’t rooted in the tenets of conservativism. Indeed, as a man of id and impulse, it’s hard to say he’s rooted in anything. To the extent that he does have an ideology, it’s a white American chauvinism and its attendant nativism and racism. It was the core of his “birther” crusade against Barack Obama—the claim that for reasons of blood and heritage, Obama couldn’t be legitimate—and the pitch behind his campaign for president. Trump would restore American greatness by erasing the racial legacy of Obama’s presidency: the Hispanic immigration, the Muslim refugees, the black protesters.

Jamelle BouieJAMELLE BOUIE

Jamelle Bouie is Slates chief political correspondent.

This is the reason Trump’s campaign attracted, and his administration employs, men like Jeff Sessions, Stephen Bannon, and Stephen Miller. Sessions, a staunch opponent of federal civil rights enforcement and proponent of radical immigration restriction. Miller, his protégé, whose young career is marked by the same contempt for racial pluralism. Bannon, an entrepreneur with intellectual pretensions whose literary touchstones include virulently racist propaganda, and who brought that sensibility to Breitbart, a news website where “black crime” was a vertical and writers churn out stories on dangerous Muslims. Each shares a vision of a (white) America under siege from Hispanic immigration to the South and Islam to the East. All three are influential in the Trump White House as strategists and propagandists, taking the president’s impulses and molding them into a coherent perspective.

That is the key context for President Trump’s recent remarks in Warsaw, Poland, where he made a defense of “Western civilization.” He praised Poland’s resilience in the face of Nazi aggression and Soviet domination (and stayed quiet on Nazi collaboration within Poland), and celebrated the nation as a beacon of Western values. “A strong Poland is a blessing to the nations of Europe, and they know that. A strong Europe is a blessing to the West and to the world.” (It should be said that U.S. allies in Western Europe are less enthusiastic about the current right-wing Polish government.) From here, Trump presented the West as an empire under siege: “We have to say there are dire threats to our security and to our way of life. You see what’s happening out there. They are threats. We will confront them. We will win.”

Although marked by Trump’s characteristic bombast, much of this was in line with past presidential rhetoric, especially during the Cold War when American presidents routinely engaged in this kind of clash of civilizations rhetoric. (It is unclear, though, if previous presidents would have endorsed a narrative that erases victims of Polish anti-Semitism.)

But this isn’t the Cold War. The Soviet Union no longer exists. For Trump then, what are these “dire threats”? The chief one is “radical Islamic terrorism” exported by groups like ISIS. But he doesn’t end there. For Trump, these threats are broader than particular groups or organizations; they are internal as well as external.

“We must work together to confront forces, whether they come from inside or out, from the South or the East, that threaten over time to undermine these values and to erase the bonds of culture, faith, and tradition that make us who we are,” said Trump. “If left unchecked, these forces will undermine our courage, sap our spirit, and weaken our will to defend ourselves and our societies.”

Not content to leave his message understated, Trump hammered home this idea in a subsequent line. “The fundamental question of our time is whether the West has the will to survive,” said the president, before posing a series of questions: “Do we have the confidence in our values to defend them at any cost? Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”

In the context of terrorism specifically, a deadly threat but not an existential one, this is overheated. But it’s clear Trump has something else in mind: immigration. He’s analogizing Muslim migration to a superpower-directed struggle for ideological conquest. It’s why he mentions “borders,” why he speaks of threats from “the South”—the origin point of Hispanic immigrants to the United States and Muslim refugees to Europe—and why he warns of internal danger.

This isn’t a casual turn. In these lines, you hear the influence of Bannon and Miller. The repeated references to Western civilization, defined in cultural and religious terms, recall Bannon’s 2014 presentation to a Vatican conference, in which he praised the “forefathers” of the West for keeping “Islam out of the world.” Likewise, the prosaic warning that unnamed “forces” will sap the West of its will to defend itself recalls Bannon’s frequent references to the Camp of the Saints, an obscure French novel from 1973 that depicts a weak and tolerant Europe unable to defend itself from a flotilla of impoverished Indians depicted as grotesque savages and led by a man who eats human feces.

For as much as parts of Trump’s speech fit comfortably in a larger tradition of presidential rhetoric, these passages are clear allusions to ideas and ideologies with wide currency on the white nationalist right.

Defenders of the Warsaw speech call this reading “hysterical,” denying any ties between Trump’s rhetoric in Poland and white nationalism. But to deny this interpretation of the speech, one has to ignore the substance of Trump’s campaign, the beliefs of his key advisers, and the context of Poland itself and its anti-immigrant, ultranationalist leadership. One has to ignore the ties between Bannon, Miller, and actual white nationalists, and disregard the active circulation of those ideas within the administration. And one has to pretend that there isn’t a larger intellectual heritage that stretches back to the early 20thcentury, the peak of American nativism, when white supremacist thinkers like Madison Grant and Lothrop Stoddard penned works with language that wouldn’t feel out of place in Trump’s address.

“Unless we set our house in order, the doom will sooner or later overtake us all. And that would mean that the race obviously endowed with he greatest creative ability, the race which had achieved most in the past and which gave the richer promise for the future, had passed away, carrying with it to the grave those potencies upon which the realization of man’s highest hopes depends,” wrote Stoddard in his 1920 book The Rising Tide of Color Against White World-Supremacy. Compare this to the crest of Trump’s remarks in Warsaw, which follows his warning of internal threat and his praise of Western civilization:

What we have, what we inherited from our—and you know this better than anybody, and you see it today with this incredible group of people—what we’ve inherited from our ancestors has never existed to this extent before. And if we fail to preserve it, it will never, ever exist again.

Those lines fit comfortably into a long history of white nationalist rhetoric. They in no way resemble Ronald Reagan’s words in Berlin or John Kennedy’s speeches in defense of the “free world.”

To read those previous presidential speeches is to see what makes Trump distinctive. Kennedy and Reagan defined “the West” in ideological terms—a world of free elections and free markets. It’s an inclusive view; presumably, any country that adopts these institutions enters that community of nations. For Trump, “the West” is defined by ties of culture and religion. It’s why a government that disdains democratic institutions, like Poland’s, can still stand as a vanguard of Western civilization, and why Muslim immigration is a chief threat to the integrity of Europe. What makes this racial is its relationship to Trump’s other rhetoric. If Western civilization is defined by religion and culture, then Mexico—with its Catholic heritage and historic ties to European monarchies—is unquestionably an outpost of “the West.” But for Trump and his advisers, it too is a threat to the Western order.

Donald Trump went to Europe and, in keeping with his campaign and influences, gave a speech with clear links to white nationalist thought. To pretend otherwise, to ignore the context of this address—to place Trump in a vacuum of history and politics, divorced from his own persona—is, at best, to cross the line into willful ignorance.”

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Trump has clearly shown himself to be a person of no values whatsoever. Although his xenophobic, white nationalist/racist agenda appears to be little more that political opportunism — parroting concepts developed by Sessions, Bannon, Miller & company — that doesn’t make it any less problematic — or dangerous.

PWS

07-07-17

 

TRAVEL BAN UPDATE: Hawaii Federal Judge Rebuffs Plaintiffs’ Attempt To Broaden Travel Ban Exception — Only The Supremes Can Clarify — Grandparents Of Americans Stiffed!

 

https://www.washingtonpost.com/national/religion/us-judge-in-hawaii-leaves-trumps-travel-ban-rules-in-place/2017/07/06/dedcf73a-62b7-11e7-80a2-8c226031ac3f_story.html?utm_term=.4b44cb00533

Audrey McEvoy of AP reports in the Washington Post:

“HONOLULU — A federal judge in Hawaii on Thursday left Trump administration rules in place for a travel ban on citizens from six majority-Muslim countries.

U.S. District Court Judge Derrick Watson denied an emergency motion filed by Hawaii asking him to clarify what the U.S. Supreme Court meant by a “bona fide” relationship in its ruling last month.

The Supreme Court ruled the administration could mostly enforce its travel ban, but said those “with a credible claim of a bona fide relationship with a person or entity in the United States” could enter.

Watson says the relationship question would be better posed to the Supreme Court, not him.

“This court will not upset the Supreme Court’s careful balancing and ‘equitable judgment,’” Watson said in his order.

Hawaii attorney general Doug Chin objected to the administration’s omission of grandparents, aunts and uncles from its list of people meeting the definition of a close relationship.

The Trump administration has said the exemption to the ban would apply to citizens of the six countries with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the U.S.

The U.S. Department of Justice said in an emailed statement that it was pleased with the decision.

“If the plaintiffs elect to proceed, we are confident that the U.S. Supreme Court will again vindicate the President and his constitutional duty to protect the national security of the United States,” the department said.

The Hawaii Attorney General’s Office noted after the ruling that the district court did not address the substance of either party’s arguments and instead focused on the procedural question about which court is the appropriate forum to decide the issue.

“The scope of the travel and refugee bans badly needs to be resolved and not just according to the Trump administration’s interpretation,” Chin said.

Hakim Ouansafi, president of the Muslim Association of Hawaii, said he respects Watson’s ruling but thinks there will be more opportunities to ensure the ban does not exclude grandparents and others close family members.

“We will have people directly affected by this, for sure,” Ouansafi said. “When you exclude that many people, the circle is much wider.”

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Read the complete story at the link.

One problem when an appellate court emasculates the trial judge at a preliminary stage of the case is that the higher court then “owns” the case. But, in this particular situation, the Supremes are out to recess until Fall. So, the Trump Administration appears to have won this round because right now the plaintiffs realistically have no forum for their complaint. We can all sleep better knowing that we are protected from a few grandparents of U.S. citizens!

PWS

07-07-17

N. RAPPAPORT IN HUFFPOST: ESTABLISHMENT CLAUSE SHOULDN’T BE AN ISSUE IF SUPREMES EVER REACH MERITS OF TRAVEL BAN CASE!

http://www.huffingtonpost.com/entry/5956805de4b0f078efd9894c

Nolan writes:

“May not need to state a reason at all.

In Kleindienst v. Mandel, the Court observed that, without exception, it has sustained Congress’ “plenary power to make rules for the admission of aliens.” And, “The power of Congress …. to have its declared policy in that regard enforced exclusively through executive officers, without judicial intervention, is settled by our previous adjudications.” (Page 408 U. S. 766).

Mandel held that when Congress has made a conditional delegation of its plenary power over the exclusion of aliens to the Executive Branch, and the Executive Branch exercises this power “on the basis of a facially legitimate and bona fide reason,” the courts will not look behind the exercise of that discretion.

The next sentence in Mandel indicates that it may not be necessary to state the reason. “What First Amendment or other grounds may be available for attacking [an] exercise of discretion for which no justification whatsoever is advanced is a question we neither address nor decide in this case.” (Page 408 U. S. 769-70).

No basis for finding religious discrimination in the language of the order.

But the travel ban order does state a reason, and the District Court for the District of Hawaii found no basis in the stated reason or elsewhere in the language of the order for suspecting that the real purpose of the ban was religious discrimination:

It is undisputed that the Executive Order does not facially discriminate for or against any particular religion, or for or against religion versus non-religion. There is no express reference, for instance, to any religion nor does the Executive Order — unlike its predecessor — contain any term or phrase that can be reasonably characterized as having a religious origin or connotation (page 30).
Does it matter if other explanations for the travel ban are possible?

The district court nevertheless went on to find that religious discrimination was the real reason for the ban. In other words, the court finds two reasons, the stated one, which does not reflect religious discrimination, and the real reason, which was found in Trump’s calls for a Muslim ban when he was still campaigning.

Other areas of immigration law do require a weighing of conflicting reasons. An alien is not eligible for an immigration benefit on the basis of a sham marriage, which is defined as a marriage that was entered into for the primary purpose of circumventing the immigration laws. But if the primary reason was that the couple was in love and wanted to spend their lives together, the fact that they got married so the alien spouse could stay in America does not make the marriage a sham.

In the present case, however, the Court will not be weighing reasons to determine which one is primary. It will be interpreting an unambiguous statutory provision that does not require the stated reason to be the primary one. It doesn’t even require the president to say why he made the finding. Section 212(f) has no requirements at all. The president just has to proclaim that he has found that that “the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States.”

If opponents of the travel ban find this unacceptable, their only recourse is to lobby Congress to revise section 212(f).

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.”

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Man, Nolan is prolific, appearing not only in The Hill on an almost weekly basis, but in HuffPost and other publications as well! And, it’s all “original stuff.”  I have a hard time just keeping up with posting his articles!

Nolan might be right, if Trump can keep from shooting off his mouth and undermining his own case, as he has done in the past. But, that’s a big “if!” And to date, I’ve seen nothing to indicate that 1) Trump possesses the quality of self control, or 2) that anyone else can impose it on him. So, I wouldn’t underestimate Trump’s ability to screw this up. Perhaps, Nolan is just hoping that Trump will show some restraint.

PWS

07-01-17

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists.  Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

HAWAII CHALLENGES TRUMP ADMINISTRATION’S RE-IMPLEMENTATION OF TRAVEL BAN — CLAIMS GOV DEFINITIONS VIOLATE SUPREME’S ORDER! — JUDGE WATSON TO DECIDE!


http://www.huffingtonpost.com/entry/travel-ban-hawaii_us_595594eee4b05c37bb7d3390

Mollie Reilly reports for HuffPost:

“Hawaii has filed a challenge to the State Department’s implementation of President Donald Trump’s travel ban, disputing the administration’s guidelines for what relationships to the U.S. are necessary to continue travel to the country.

Hawaii is challenging guidance issued by the State Department on Wednesday that says travelers from the six banned countries must have formal ties or close family relationships with someone or an entity within the U.S. Having familial ties “does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancés, and any other ‘extended’ family members,” the guidance said. (The State Department later said fiancés would, in fact, count as close family.)

In its motion, Hawaii asked a federal judge to clarify that the Trump administration can’t enforce those bans.

“The state of Hawaii is entitled to the enforcement of the injunction that it has successfully defended, in large part, up to the Supreme Court — one that protects the State’s residents and their loved ones from an illegal and unconstitutional Executive Order,” reads the state’s motion.

“In Hawaii, ‘close family’ includes many of the people that the federal government decided on its own to exclude from that definition,” said Hawaii Attorney General Douglas Chin. “Unfortunately, this severely limited definition may be in violation of the Supreme Court ruling.”

Trump signed the executive order, which seeks to ban travel to the U.S. for most nationals of six Muslim-majority countries for 90 days and suspend refugee resettlement for 120 days, in March.

The travel ban went into effect Thursday, three days after the U.S. Supreme Court ruled to partially reinstate a watered-down version of it before the court hears arguments on its constitutionality in October.

In its ruling, the Supreme Court specified that the ban could be implemented with the exception of individuals who have “a credible claim of a bona fide relationship with a person or entity in the United State.” The court, however, did not specify what qualifies as a “bona fide” relationship, thus leaving the matter up to State Department interpretation.

In March, Hawaii became the first state to sue to block Trump’s second attempt at a travel ban, which included citizens of Iran, Libya, Syria, Somalia, Sudan and Yemen, all majority-Muslim countries. In its suit, the state said its universities would be hurt by the ban because they would struggle to recruit faculty and students. It also argued that the ban would have a detrimental effect on tourism, critical to the state’s economy.”

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Stay tuned for the results!

PWS

06-30-17

 

TRUMP ADMINISTRATION’S NARROW, INSENSITIVE DEFINITION OF “FAMILY” SURE TO PROVOKE NEW ROUND OF TRAVEL BAN LITIGATION! — GRANDPARENTS DISSED!

https://www.washingtonpost.com/world/national-security/travel-ban-to-take-effect-as-state-department-defines-close-family/2017/06/29/03eb8a8e-eba6-4749-9fa2-79117be89884_story.html?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.703d0cc8aeea

As reported by Carol Morello in the Washington Post:

“A cable sent to consular officials worldwide Wednesday provided a narrow definition of close family: a parent, spouse, child, an adult son or daughter, son-in-law, daughter-in-law or sibling, as well as stepfamily relationships.

However, it explicitly excluded other family relationships: grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiances and other “extended” family relations.

. . . .

It was not clear how the State Department came up with its narrow definition of family, which was quickly criticized by some advocates and lawyers.

“Defining close family to exclude grandparents, cousins, and other relatives defies common sense,” said Johnathan Smith, legal director of Muslim Advocates, a civil rights group that plans to send monitors to Dulles Airport Thursday night.

Cornell University Law School professor Stephen Yale-Loehr, who has written volumes of legal books on immigration law, said more than half of all refugees have no close family ties in the United States. Among past refugees who would be barred from entering today, he said, are the Lost Boys of Sudan and children orphaned by famine and war.”

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Wow! These Dudes just can’t help themselves. Mean-spirited, unreasonable administration of immigration and refugee laws is just in their blood.

Of course, as a grandparent 7x over about to connect with all of them over the next several weeks, I’m insulted. And, I’m sure that all the grandparents we know who essentially provide free full or part time child care for the grandchildren so the parents can work are pretty surprised to find out that they have been “booted” from the family unit!

And the Supremes “reward” for cutting Trump some slack — a poke in the eyes with a sharp stick.

Full employment for lawyers!

PWS

06-29-17

READ RAPPAPORT’S LATEST FROM THE HILL: Why The Travel Ban Might Become A “Moot Case!”

http://thehill.com/blogs/pundits-blog/immigration/339825-travel-ban-will-be-moot-before-it-reaches-supreme-court-heres

Nolan writes in The Hill:

“The six travel-ban countries will be subject to the new ban if their governments refuse to cooperate with the new vetting system, or they will not be subject to it if their governments agree to cooperate. In either case, they will no longer be subject to the 90-day travel ban. This will moot the travel ban issues before the court reconvenes to hear arguments on the merits of the case.

The new ban 

The original travel ban order was hastily issued one week after Trump’s inauguration without an interagency review. The new one will be based on a worldwide review and interagency input.

According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures and not all of them are predominantly Muslim countries.

This ban will depend entirely on a country’s willingness to cooperate with the new vetting system, and it will not apply categorically to every alien from a country with an uncooperative government. It only will apply to appropriate categories of aliens from those countries.

Therefore, it should be easier to defend if it is challenged in court.”

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Go over to The Hill to read Nolan’s complete article.

I agree with Nolan that the temporary Travel Ban is likely to become moot. I think this is actually the result that the six Justices who went along with the Court’s “per curium” opinion would prefer.

I also agree with him that a type of “customized” Travel Ban flowing directly from the results of the Executive study should be easier for the Government to defend.

PWS

06-28-17

 

NBA SUPERSTAR STEPH CURRY JOINS LIN-MANUEL MIRANDA’S PRO IMMIGRATION CAMPAIGN!

http://www.vibe.com/2017/06/steph-ayesha-curry-lin-manuel-ham4all/

VIBE reports:

Lin-Manuel Miranda early this morning announced his latest and most important contest yet: the #Ham4All challenge in support of Immigrants: We Get the Job Done Coalition.

“Hamilton has crisscrossed the country—New York, Chicago, San Francisco. Next stop…Los Angeles!” wrote the playwright in an open letter. “I’m thrilled to be back again with another great Hamilton experience, this time benefiting a cause that’s not only at the heart of Hamilton but particularly close to me—immigration. I’m raising money for the Immigrants: We Get the Job Done Coalition, which is comprised of 12 amazing organizations.”

READ: Lin-Manuel Miranda To Be Inducted In The Hollywood Walk Of Fame

Shortly after making the announcement, Golden State Warrior and NBA champion Stephen Curry and his wifey-in-crime Ayesha Curry entered the challenge, making a donation of their own—performing their favorite Hamilton track and throwing down the gauntlet to the next celebrity, in one fell swoop.

“We all feel strongly about supporting these important organizations fighting to protect immigrants, refugees, and asylum seekers who want to make a better life for themselves and their families,” the couple captioned on Instagram, urging Olivia Munn and Dwayne “The Rock” Johnson to join the fight. “The grand prize winner will join us and Lin-Manuel at the LA opening on August 16th. We think that this will be the biggest Hamilton sweepstakes yet, but we need your help…”

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Read the complete story and get links to more information about the “Immigrants: We Get The Job Done Coalition” at the above link. Compare Miranda’s positive, upbeat message about immigration with the steady stream of fear-mongering, xenophobia, implicit racism, and, let’s face it, outright lies about migrants coming from the Trump Administration.

PWS

06-28-17