DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon's 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18

TAL @ CNN: A “Gold Star Father” Urges The Supremes To Reject Discriminatory “Muslim Ban!”

http://www.cnn.com/2018/03/23/politics/khizr-khan-brief-muslim-travel-ban-supreme-court/index.html

Tal writes:

“Washington (CNN)Gold Star father Khizr Khan wrote a personal appeal to the Supreme Court on Friday to strike down President Donald Trump’s travel ban, using his family’s story to argue the ban is unconstitutional and “desecrates” his son’s sacrifice.

Known for his impassioned speech at the 2016 Democratic National Convention, Khan is a lawyer and the father of Capt. Humayun Khan, an Army captain who was killed when he moved to stop a car containing suicide bombers headed toward his base in Iraq, for which he was posthumously awarded the Bronze Star.
Originally from Pakistan and a Muslim, Khan filed the legal brief on Friday because, in his view, Trump’s travel ban “not only desecrates Humayun Khan’s service and sacrifice as a Muslim- American officer in the United States Army, but also violates Khizr Khan’s own constitutional rights,” his attorney wrote in the brief.
The brief describes the Khan family’s history and the service of Humayun Khan, mentioning as well Khan’s speech at the DNC where he held up a pocket Constitution and emotionally asked Trump if he’d read it.
The brief also notes Trump’s comments on the campaign trail that he wanted to institute a “Muslim ban,” a key component of critics’ arguments that the administration’s travel ban is a thinly veiled attempt to target Muslims.
“The taint of discrimination has not been washed away,” the brief argues, saying the latest travel ban and its predecessors all flow from that original idea.
“The message is that Muslims are unwelcome outsiders,” it continues. “And that message has been received loud and clear — not only by Muslims like Mr. Khan, but by those who have been denigrating and attacking Muslims with increasing frequency and vehemence since President Trump called for, and then began trying to implement, his unconstitutional Muslim Ban.”
“The message is that Muslims are outsiders, regardless of the depth of their devotion to the Constitution, and despite paying the ultimate price to defend it. That message is painfully clear to Mr. Khan,” the brief states.
Khan’s attorney, Dan Jackson, said the Gold Star father felt compelled to weigh in because of the impact of the travel ban on his son’s legacy, and added Khan has a “fierce devotion” to the Constitution.”
*********************************
Go on over to CNN at the link to read Tal’s complete article.
The rich irony here is that the individuals who “designed” the “travel ban” — Trump, Sessions, Miller — have shown a total disdain for our Constitution. Time and time again, they have failed in their duty to protect the rights of everyone in America, regardless of race, religion, gender, or status. What kind of country disrespects the memory of those who have died in its defense while allowing itself to be governed by biased, morally bankrupt, intellectually dishonest individuals who reject the very notion of a Constitutional republic?
PWS
03-24-18

Sean McElwee @ The Nation – WHY ICE MUST GO! — A Radical Idea Whose Time Has Come! — “Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.”

https://www.thenation.com/article/its-time-to-abolish-ice/

McElwee writes:

. . . .

The call to abolish ICE is, above all, a demand for the Democratic Party to begin seriously resisting an unbridled white-supremacist surveillance state that it had a hand in creating. Though the party has moved left on core issues from reproductive rights to single-payer health care, it’s time for progressives to put forward a demand that deportation be taken not as the norm but rather as a disturbing indicator of authoritarianism.

White supremacy can no longer be the center of the immigration debate. Democrats have voted to fully fund ICE with limited fanfare, because in the American immigration discussion, the right-wing position is the center and the left has no voice. There has been disturbing word fatigue around “mass deportation,” and the threat of deportation is so often taken lightly that many have lost the ability to conceptualize what it means. Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.

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

Read the rest of McElwee’s well-written and very provocative article at the link.

Not going to happen! Yet the out of control misconduct by ICE and its leadership during this Administration certainly helps McElwee make a powerful moral, if not practical political, case for elimination. Definitely worth a read.

PWS

03-13-18

TAL @ CNN TELLS ALL ON HOW SESSIONS IS USING HIS AUTHORITY OVER THE SCREWED UP U.S. IMMIGRATION COURTS TO ATTACK DUE PROCESS & TARGET VULNERABLE ASYLUM SEEKERS — One Of My Quotes: “I think due process is under huge attack in the immigration courts. Every once in a while Sessions says something about due process, but his actions say something quite different.”

https://www.cnn.com/2018/03/10/politics/sessions-immigration-appeals-decision/index.html

Sessions tests limits of immigration powers with asylum moves
Tal Kopan
By Tal Kopan, CNN
Updated 8:01 AM ET, Sat March 10, 2018

Washington (CNN)The US immigration courts are set up to give the attorney general substantial power to almost single-handedly direct how immigration law is interpreted in this country — and Jeff Sessions is embracing that authority.

Sessions quietly moved this week to adjust the way asylum cases are decided in the immigration courts, an effort that has the potential to test the limits of the attorney general’s power to dictate whether immigrants are allowed to enter and stay in the US and, immigration advocates fear, could make it much harder for would-be asylees to make their cases to stay here.
Sessions used a lesser-known authority this week to refer to himself two decisions from the Board of Immigration Appeals, the appellate level of the immigration courts. Both deal with asylum claims — the right of immigrants who are at the border or in the US to stay based on fear of persecution back home.

In one case, Sessions reached into the Board of Immigration Appeals archives and overturned a ruling from 2014 — a precedent-setting decision that all asylum cases are entitled to a hearing before their claims can be rejected. In the other, Sessions is asking for briefs on an unpublished opinion as to how much the threat of being the victim of a crime can qualify for asylum. The latter has groups puzzled and concerned, as the underlying case remains confidential, per the Justice Department, and thus the potential implications are harder to discern. Experts suspect the interest has to do with whether fear of gang violence — a major issue in Central America — can support asylum claims.
A Justice official would say only on the latter case that the department is considering the issue due to a “lack of clarity” in the court system on the subject. On the former, spokesman Devin O’Malley said the Board of Immigration Appeals’ 2014 holding “added unnecessary cases to the dockets of immigration judges who are working hard to reduce an already large immigration court backlog.”
Tightening asylum
Sessions referring the cases to himself follows other efforts during his tenure to influence the courts, the Justice Department says, in an effort to make them quicker and more efficient. In addition to expanding the number of Board of Immigration Appeals judges and hiring immigration judges at all levels at a rapid clip, the Justice Department has rolled out guidance and policies to try to move cases more quickly through the system, including possible performance measures that have the judges’ union concerned they could be evaluated on the number of closed cases.

“What is he up to? That would be speculation to say, but definitely there have been moves in the name of efficiency that, if not implemented correctly, could jeopardize due process,” said  Rená Cutlip-Mason, until last year a Justice Department immigration courts official and now a leader at the Tahirih Justice Center, a nonprofit that supports immigrant women and girls fleeing violence.
“I think it’s important that the courts balance efficiencies with due process, and any efforts that are made, I think, need to be made with that in mind,” she added.
The Board of Immigration Appeals decisions could allow Sessions to make it much harder to seek asylum in the US.
Asylum is a favorite target of immigration hardliners, who argue that because of the years-long backlog to hear cases, immigrants are coached to make asylum claims for what’s billed as a guaranteed free pass to stay in the country illegally.
Advocates, however, say the vast majority of asylum claims are legitimate and that trying to stack the decks against immigrants fleeing dangerous situations is immoral and contrary to international law. Making the process quicker, they argue, makes it harder for asylum seekers — who are often traumatized, unfamiliar with English and US law, and may not have advanced education — to secure legal representation to help make their cases. The immigration courts allow immigrants to have counsel but no legal assistance is provided by the government, unlike in criminal courts.
Reshaping the immigration courts
Beyond asylum, Sessions’ efforts could have far-reaching implications for the entire immigration system, and illustrate the unique nature of the immigration court system, which gives him near singular authority to interpret immigration laws.
Immigration cases are heard outside of the broader federal court system. The immigration courts operate as the trial- or district-level equivalent and the Board of Immigration Appeals serves as the appellate- or circuit court-level. Both are staffed with judges selected by the attorney general, who do not require any third-party confirmation.
How Trump changed the rules to arrest more non-criminal immigrants
How Trump changed the rules to arrest more non-criminal immigrants
In this system, the attorney general him or herself sits at the Supreme Court’s level, with even more authority than the high court to handpick decisions. The attorney general has the authority to refer any Board of Immigration Appeals decision to his or her office for review, and can single-handedly overturn decisions and set interpretations of immigration law that become precedent followed by the immigration courts.
The power is not absolute — immigrants can appeal their cases to the federal circuit courts, and at times those courts and, eventually, the Supreme Court will overrule immigration courts’ or Justice Department decisions. That’s especially true when cases deal with constitutional rights, said former Obama administration Justice Department immigration official Leon Fresco. Fresco added that the federal courts’ deference to the immigration courts’ interpretation of the law has decreased in the past 10 years, though that could change as more of the President’s chosen judges are added to the bench.
But Sessions could be on track to test the limits of his power, and the moves might set up further intense litigation on the subject.
“From what I can see, Sessions is really testing how far those powers really go,” said Cutlip-Mason. “The fact that the attorney general can have this much power is a very interesting way that the system’s been set up.”
Retired immigration Judge Paul Wickham Schmidt, who served for years in federal immigration agencies and the immigration courts, said that to say the immigration courts are full due process is “sort of a bait and switch.” He says despite the presentation of the courts’ decisions externally, the message to immigration judges internally is that they work for the attorney general.
“I think due process is under huge attack in the immigration courts. Every once in a while Sessions says something about due process, but his actions say something quite different.”

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

The idea that the U.S. Immigration Courts can fairly adjudicate asylum cases and provide Due Process to migrants with Jeff Sessions in charge is a bad joke.

America needs an independent Article I Immigration Court.

Harm to the most vulnerable among us is harm to all of us.

PWS

03-11–17

GONZO’S WORLD: TRUMP & SESSIONS ARE SYSTEMATICALLY DISMANTLING OUR JUSTICE SYSTEM – THE “BOGUS FOCUS” ON IMMIGRATION ENFORCEMENT IS KEY TO THEIR DESTRUCTIVE STRATEGY! — “Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration.”

https://www.nytimes.com/2018/02/17/opinion/sunday/donald-trump-and-the-undoing-of-justice-reform.html

The New York Times Editorial Board writes:

“In the decade or so before Donald Trump became president, America’s approach to criminal justice was changing fast — reckoning with decades of destructive and ineffective policies that had ballooned the prison population and destroyed countless lives. Red and blue states were putting in place smart, sensible reforms like reducing harsh sentencing laws, slashing prison populations and crime rates, and providing more resources for the thousands of people who are released every week.

President Obama’s record on the issue was far from perfect, but he and his first attorney general, Eric Holder Jr., took several key steps: weakening racially discriminatory sentencing laws, shortening thousands of absurdly long drug sentences, and pulling back on the prosecution of low-level drug offenders and of federal marijuana offenses in states that have legalized it. This approach reflected state-level efforts and sent a message of encouragement to those still leery of reform.

Within minutes of taking office, Mr. Trump turned back the dial, warning darkly in his Inaugural Address of “American carnage,” of cities and towns gutted by crime — even though crime rates are at their lowest in decades. Things only got worse with the confirmation of Attorney General Jeff Sessions, who, along with Mr. Trump, appears to be stuck in the 1980s, when politicians exploited the public’s fear of rising crime to sell absurdly harsh laws and win themselves re-election. Perhaps that’s why both men seem happy to distort, if not outright lie about, crime statistics that no longer support their narrative.

Last February, Mr. Trump claimed that “the murder rate in our country is the highest it’s been in 47 years.” Wrong: The national rate remains at an all-time low. It’s true that the 10.8 percent increase in murders between 2014 and 2015 was the largest one-year rise in more than four decades, but the total number of murders is still far below what it was in the early 1990s.

 

As bad as the dishonesty is the fact that Mr. Trump and Mr. Sessions have managed to engineer their backward worldview largely under the public’s radar, as a new report from the Brennan Center for Justice documents. Last May, Mr. Sessions ordered federal prosecutors to charge as aggressively as possible in every case — reversing a policy of Mr. Holder’s that had eased up on nonviolent drug offenders and others who fill the nation’s federal prisons. In January, Mr. Sessions rescinded another Obama-era policy that discouraged federal marijuana prosecutions in states where its sale and use are legal. (Mr. Sessions has long insisted, contrary to all available evidence, that marijuana is “a dangerous drug” and “only slightly less awful” than heroin.)

These sorts of moves don’t get much attention, but as the report notes, they could end up increasing the federal prison population, which began to fall for the first time in decades under Mr. Obama.

The reversal of sensible criminal justice reform doesn’t stop there. Under Mr. Trump, the Justice Department has pulled back from his predecessor’s investigations of police abuse and misconduct; resumed the use of private, for-profit prisons; and stopped granting commutations to low-level drug offenders who have spent years or decades behind bars.

Meanwhile, Mr. Sessions, who as a senator was one of the most reliable roadblocks to long-overdue federal sentencing reform, is still throwing wrenches into the works as Congress inches toward a bipartisan deal. Mr. Sessions called the Sentencing Reform and Corrections Act, a sweeping bill that would reduce some mandatory-minimum sentences, and that cleared the Senate Judiciary Committee on Thursday, a “grave error.” That earned him a rebuke from the committee’s chairman, Senator Charles Grassley, who pointed out that the attorney general is tasked with enforcing the laws, not writing them. “If General Sessions wanted to be involved in marking up this legislation, maybe he should have quit his job and run for the Republican Senate seat in Alabama,” Mr. Grassley said.

Mr. Grassley is no one’s idea of a justice reformer, but he supports the bill because, he said, it “strikes the right balance of improving public safety and ensuring fairness in the criminal justice system.”

So what has this administration done right? The list is short and uninspiring. In October, Mr. Trump declared the epidemic of opioid abuse a national emergency, which could be a good step toward addressing it — but he’s since done almost nothing to combat a crisis that killed more than 64,000 Americans in 2016.

In his State of the Union address last month, Mr. Trump promised to “embark on reforming our prisons to help former inmates who have served their time get a second chance.” It’s great if he really means that, but it’s hard to square his assurance with his own attorney general’s opposition to a bill that includes recidivism-reduction programs intended to achieve precisely this goal.

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

The rhetoric from the White House and the Justice Department has emboldened some state and local officials to talk tougher, even if just as ignorantly, about crime. The good news is that it’s not working as well anymore. In Virginia’s race for governor last fall, the Republican candidate, Ed Gillespie, attacked his opponent, Ralph Northam, with ads blaming him for violence by the MS-13 gang.

It was a despicable stunt, its fearmongering recalling the racist but effective Willie Horton ad that George H. W. Bush ran on in his successful 1988 presidential campaign. Thankfully, Virginia’s voters overwhelmingly rejected Mr. Gillespie, another sign that criminal justice reform is an issue with strong support across the political spectrum. In the era of Donald Trump, candidates of both parties should be proud to run as reformers — but particularly Democrats, who can cast the issue not only as a central component of a broader progressive agenda, but as yet another example of just how out of touch with the country Mr. Trump and his administration are.”

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

I know it’s quoted above, but two paragraphs of this article deserve re-emphasis:

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

Gonzo consistently uses bogus statistics, fear-mongering, racial innuendo, and outright slurs of immigrants, including Dreamers, and their advocates to advance his White Nationalist agenda at Justice.

At the same time, he largely ignores or proposes laughably inadequate steps to address the real justice problems in America: Russian interference, the opioid crisis, uncontrolled gun violence (much of it involving mass shootings by disgruntled White Guys with assault-type weapons), overcrowded prisons, lack of an effective Federal community-based anti-gang effort in major cities, hate crimes committed by White Supremacists, grotesquely substandard conditions in civil immigration detention, and the uncontrolled backlogs and glaring denials of Due Process and fairness to migrants in our U.S. Immigration Court System.

How long can America go without a real Attorney General who acknowledges the rights of all people in America? How will we ever recover from the damage that Gonzo does every day he remains in the office for which he is so supremely unqualified?

PWS

02-19-18

 

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

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

Beinart writes:

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-18-18

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

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

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

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

Columnist February 14

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

Davis was that temporarily paralyzed victim.

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

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

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

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

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

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

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

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

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

PWS

02-16-18

SLAMMED AGAIN! — 4TH CIR. FINDS CLEAR ANTI-MUSLIM BIAS IN AGAIN REJECTING TRUMP’S BOGUS TRAVEL BAN! — SUPREMES WILL HAVE LAST WORD!

https://www.buzzfeed.com/zoetillman/a-federal-appeals-court-ruled-that-trumps-third-travel-ban

Zoe Tillman reports for BuzzFeed News:

“A federal appeals court on Thursday ruled that President Donald Trump’s third attempt at a travel ban is likely unconstitutional, writing that it “continues to exhibit a primarily religious anti-Muslim objective.”

The US Court of Appeals for the 4th Circuit upheld a lower court injunction that blocked the Trump administration from enforcing key parts of the travel ban, but put its order on hold while the US Supreme Court takes up the issue of the ban.

The president’s third travel ban is already before the Supreme Court, after the 9th Circuit ruled in December that it violated federal law. The 9th Circuit did not rule on the issue addressed by the 4th Circuit — whether the ban amounts to religious discrimination in violation of the US Constitution’s Establishment Clause — but the justices asked for briefing on the constitutional question as well.

The 4th Circuit sided in favor of the groups challenging the ban in a 9–4 decision. Chief Judge Roger Gregory wrote in the majority opinion that the government’s “proffered rationale for the Proclamation lies at odds with the statements of the President himself.”

“Plaintiffs here do not just plausibly allege with particularity that the Proclamation’s purpose is driven by anti-Muslim bias, they offer undisputed evidence of such bias: the words of the President,” Gregory wrote.

Gregory cited Trump’s “disparaging comments and tweets regarding Muslims,” the president’s repeated references to a Muslim ban, the fact that Trump’s previous travel bans were focused on majority-Muslim countries, and statements by Trump and his advisers that the latest order has the same goals as the previous ones.

A Justice Department spokesman did not immediately return a request for comment.

Cecillia Wang, deputy legal director of the American Civil Liberties Union, who argued the case for the travel ban challengers in the 4th Circuit, said in a statement, that, “President Trump’s third illegal attempt to denigrate and discriminate against Muslims through an immigration ban has failed in court yet again. It’s no surprise. The Constitution prohibits government actions hostile to a religion.”

After federal courts struck down the president’s first two attempts at a travel ban, Trump on Sept. 24 signed the latest set of travel restrictions. It in large part suspended travel to the US by nationals of five majority-Muslim countries covered under the previous travel bans — Iran, Libya, Somalia, Syria, and Yemen — as well as two new countries, Chad and North Korea. The presidential proclamation also placed travel restrictions on certain government officials in Venezuela and their family members.

In October, federal judges in Hawaii and Maryland issued injunctions blocking enforcement of the ban, which the Trump administration appealed. The Supreme Court issued an order on Dec. 4 allowing the ban to go fully into effect while the appeals in the 9th Circuit and the 4th Circuit went forward. The justices wrote at the time that it expected that the appeals courts would rule “with appropriate dispatch.”

The 9th Circuit, which heard arguments on Dec. 6, issued its opinion on Dec. 20. But the 4th Circuit, which heard arguments two days later, did not rule until Thursday.

Gregory wrote in the main opinion that even if the proclamation was “facially legitimate” — that the text on its face didn’t run afoul of the constitution — it failed the test of whether the government had a “bona fide” reason for adopting it. The administration argued that the proclamation was rooted in national security concerns, but Gregory wrote that Trump’s statements undermined that.

Gregory said that even setting aside Trump’s statements during the campaign calling for a Muslim ban, the president had continued to make statements that “convey the primary purpose of the Proclamation—to exclude Muslims from the United States.” He quoted Trump’s tweets supporting his original travel ban executive order, which multiple courts determined was likely unconstitutional, as well as a tweet expressing support for an unverified story about a general who killed Muslims using bullets dipped in pig’s blood and his retweets of anti-Muslim videos.

“Plaintiffs offer undisputed evidence that the President of the United States has openly and often expressed his desire to ban those of Islamic faith from entering the United States. The Proclamation is thus not only a likely Establishment Clause violation, but also strikes at the basic notion that the government may not act based on ‘religious animosity,'” Gregory wrote.

The court upheld US District Judge Theodore Chuang’s preliminary injunction, which blocked enforcement of the proclamation’s travel restrictions with respect to nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen who have a “credible claim of a bona fide relationship with a person or entity in the United States.”

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The Administration continues to trip over the out of court statements by Trump and his sleazy subordinates which reveal the real agenda of bias and  hate beneath his actions.

No matter how the Supremes come out (and Trump could win the cherished right to discriminate and carry out his bogus hate agenda) the stain on America being caused by Trump, Sessions, Miller, the other White Nationalists, and their supporters and enablers will take a long time to wash away!

PWS

02-15-15

HUMAN RIGHTS FIRST – JOIN THE BATTLE – TELL YOUR SENATORS TO ”JUST SAY NO” TO ADMINISTRATION’S SLEAZY WHITE NATIONALIST ATTACK ON HUMAN RIGHTS, DREAMERS, AND HUMAN DECENCY!

Human Rights First - American Ideals. Universal Values.
Paul,

The Dreamers—immigrants brought to the United States as children—have become the quintessential political football. And today, the battle continues.

The Senate will vote on bills today to protect the Dreamers, but many of them include inhumane provisions that would turn our backs on asylum seekers—some of the most vulnerable individuals in the world.

President Trump and his allies are using Dreamers, asylum seekers, and refugees as bargaining chips to pursue extreme immigration restrictions.

Take Action Now

Under the Trump Administration, the United States is turning away migrants at the border, restricting their ability to seek asylum, and increasing criminal prosecutions. And today, the Senate may vote to expand these cruel practices further, punishing refugees fleeing violence and prosecution, and families left in harm’s way.

Join with us and call on your senators to stand firm on protections for refugees, asylum seekers, and families.

Sincerely,

Jennifer Quigley

Advocacy Strategist

On human rights, the United States must be a beacon. America is strongest when our policies and actions match our values.
Human Rights First - American Ideals. Universal Values.
Human Rights First is an independent advocacy and action organization that challenges America to live up to its ideals. We believe American leadership is essential in the struggle for human rights so we press the U.S. government and private companies to respect human rights and the rule of law. When they don’t, we step in to demand reform, accountability and justice. Around the world, we work where we can best harness American influence to secure core freedoms.

Human Rights First
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www.humanrightsfirst.org | Click here to unsubscribe | Click here to signup

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Click on “Take Action Now” to stop the White Nationalist assault on American Values and Human Rights.  “Harm to one, is harm to all.” 

“We can diminish ourselves as a Nation, but that won’t stop human migration!”

PWS

02-15-18

ENJOINED AGAIN: US DISTRICT JUDGE IN EDNY ALSO TEMPORARILY HALTS DACA REPEAL — FINDS GONZO’s “LEGAL” RATIONALE “PLAINLY INCORRECT!”

https://www.cnn.com/2018/02/13/politics/federal-judge-daca/index.html

Ariane de Vogue Reports for CNN:

(CNN)A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

Success for Harvard medical students in DACA could mean their parents are deported
Success for Harvard medical students in DACA could mean their parents are deported
Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.
Trump last year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the US as children to stay in the country, effective March 5. That deadline has become central in the congressional debate over immigration, but Democrats and Republicans are nowhere near a breakthrough.
Tuesday’s ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied.
“Defendants indisputably can end the DACA program,” Garaufis wrote, referring to the Trump administration. “The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so.”
The judge said that the decision to end the program was based in part on the “plainly incorrect factual premise” that the program was illegal.
“Today’s ruling shows that courts across the country agree that Trump’s termination of DACA was not just immoral, but unlawful as well,” said Karen Tumlin of the National Immigration Law Center.
This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration’s appeal of the related case.
The Justice Department said it maintains that the administration acted “within its lawful authority” in deciding to end DACA and will “vigorously defend this position.”
“DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress,” the Justice Department said in a statement. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens.”
Impact on immigration negotiations
Sen. Thom Tillis, R-North Carolina, urged lawmakers to “focus” on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time.
“We should still focus on the March 5 date,” Tillis said on Fox News Tuesday afternoon. “The reality is, unless there’s any action by the Supreme Court, looks like we have some number of weeks following March 5 to solve the problem.”
Judge brought up “Norway” comments
In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President’s “recurring, redundant drumbeat of anti-Latino commentary.”
“It’s not just an ad hoc comment that was overheard on an open mic,” the judge said. “It’s not just that somebody at INS said something derogatory about Mexicans. This came from the top.”
Garaufis was responding to a question regarding Trump’s comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.
CNN’s Laura Jarrett contributed to this report.

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Who knows how this eventually will end if Congress doesn’t solve the problem? I certainly can imagine a conservative majority of the Supremes cooking up a way to empower Trump and dump on the Dreamers.

But, no matter how this comes out, it’s never been about the “rule of law,” border security, or protecting Americans. Indeed, every commentator who isn’t Jeff Sessions or one of his White Nationalist xenophobic buddies agrees that ending DACA and removing “Dreamers” would make America a worse place in every possible way.

No, it’s always been about White Nationalism, racism, xenophobia, dividing America, and the general alt right “agenda of hate and intolerance” which has been what Sessions and those like him are all about. And, he’s not even a very good lawyer, taking most of his bogus so-called “legal arguments” off of “cue cards” prepared  for him by restrictionist interest groups.

And racist, xenophobic statements by Trump himself continue to undermine the DOJ attorneys’ arguments that there is some type of “rational basis” for Trump immigration policies.

PWS

02-13-17

AGENDA OF HATE AND INTOLERANCE: USDOE SCOFFS AT LAW, MOVES TO TRASH THE RIGHTS OF TRANSGENDER STUDENTS WHO WANT TO USE THE BATHROOM!

https://www.buzzfeed.com/dominicholden/edu-dept-trans-student-bathrooms?utm_term=.mlEGELBLKo#.mlEGELBLKo

Dominic Holden reports for Buzzfeed News:

“The Education Department has told BuzzFeed News it won’t investigate or take action on any complaints filed by transgender students who are banned from restrooms that match their gender identity, charting new ground in the Trump administration’s year-long broadside against LGBT rights.

It’s the first time officials have asserted this position publicly as an interpretation of law. No formal announcement has been made.

For nearly a year, the Trump administration took a less clear stance, with officials saying they were studying the issue. When the Education Department and Justice Department withdrew Obama-era guidance on transgender restroom access in February 2017, Trump’s officials said in a memo and court filings that they would “consider the legal issues involved.” Then last June, the Education Department issued another memo saying it was “permissible” for its civil rights division to dismiss a trans student’s restroom case. However, in those statements, officials never cemented their intent to reject all restroom complaints issued by trans students.

For the past three weeks, BuzzFeed News called and emailed Education Department officials attempting to pinpoint the agency’s position.

Finally on Thursday, Liz Hill, a spokesperson for the agency, responded “yes, that’s what the law says” when asked again if the Education Department holds a current position that restroom complaints from transgender students are not covered by a 1972 federal civil rights law called Title IX.

Asked for further explanation on the department’s position, Hill said Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”

She added that certain types of transgender complaints may be investigated — but not bathroom complaints.

“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX,” Hill said. “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”

The bathroom rule is the Trump administration’s latest step to rescind and undermine LGBT protections. Attorney General Jeff Sessions withdrew a policy protecting transgender workers, while he took the unusual step of jumping into a private lawsuit arguing that anti-gay discrimination was permissible in employment under federal law. Sessions has also argued religious business owners can refuse service to gay customers, even when anti-gay discrimination is banned by state law, and Trump has attempted to ban transgender people from all military service.”

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Homophobia, hate, White Nationalism, scoffing at the rule of law: that’s Jeff “Gonzo Apocalypto” Sessions and the rest of the alt-rightists (like DeVoss) who now represent the GOP. No wonder that these evil clowns were neck and neck in the balloting for the Worst Cabinet Member. Indeed, Gonzo is neck and neck with “John the Con” Mitchell for the worst AG of the “modern era.” And Gonzo hasn’t even been indicted (yet).

I just hope that decent folks will remember who’s pushing this agenda of hate and intolerance.

PWS

02-12-18

 

 

ON SATURDAY, “COURTSIDE” & SLATE’S JEREMY STAHL GAVE YOU THE “REAL LOWDOWN” ON AAG RACHEL BRAND’S “FLIGHT FROM JUSTICE!” — Two Days Later, NBC News Confirms What We Already Said!

Here’s a link to the prior blog on immigrationcourtside.com:

https://wp.me/p8eeJm-26R

Here’s the NBC report by one of my favorite Washington reporters, Julia Edwards Ainsley:

http://nbcnews.to/2CfKuHi

Julia reports:

“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.

Sources: Brand left DOJ over fear of overseeing Russia probe 3:40

As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

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Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.

While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.”  Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.

But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the  LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).

Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”

PWS

02-12-18

 

 

 

GONZO’S WORLD: DOJ #3 RACHEL BRAND FLEES SINKING SHIP TO SAVE CAREER – FINDS REFUGE AT WALMART – No, It’s Not Normal For The Associate AG To Leave After 9 Months! – But, Who Ever Said The Trump/GONZO DOJ Is “Normal?”

https://slate.com/news-and-politics/2018/02/rachel-brand-is-leaving-doj-are-we-headed-for-a-massacre.html

“In a surprise move, Rachel Brand is stepping down as the No. 3 official at the Department of Justice, the New York Timesreported on Friday. Brand was next in line to oversee the special counsel’s Russia inquiry after Deputy Attorney General Rod Rosenstein. Brand’s departure could have enormous consequences for Robert Mueller’s investigation of Russian election interference and President Donald Trump.

The New York Times has reported that Trump considered firing Rosenstein and Mueller over the summer, a situation that would have been reminiscent of Richard Nixon’s Saturday Night Massacre and the firing of Watergate investigator Archibald Cox. Trump will now get to hand-pick a replacement for Brand, who would step in to take over the investigation should he or she be confirmed by the Senate and should Rosenstein go. It’s also been noted that Rosenstein may ultimately have to recuse himself from the investigation; in that case, he wouldn’t even have to be fired for the Trump selection to take control of the investigation into Trump.

Last March, Trump issued an executive order modifying the line of succession for an acting attorney general, the person who would be in control of Mueller’s inquiry since Attorney General Jeff Sessions has recused himself. According to that order, under normal procedures, a potential replacement for either Brand or Rosenstein to oversee the Russia inquiry would need Senate confirmation.

Fordham Law professor and occasional Slate contributor Jed Shugerman has laid out the potential orders of succession at the current moment. According to the vacancy statutes, Solicitor General Noel Francisco would be designated by Jeff Sessions as acting attorney general if Rosenstein were to depart, and he’d be followed by the assistant attorneys general. The next in line after that would typically be the U.S. attorney for the Eastern District of Virginia, a position which is being vacated by Dana Boente. Since Boente is leaving that job, it would go to the U.S. attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.

It’s worth noting that the executive order says Trump “retains discretion, to the extent permitted by law” to go around this line of succession to select an acting attorney general on his own. But doing so in an effort to squelch an investigation into himself, his allies, and his family would conceivably be such a transparent effort to subvert the rule of law as to be a political liability even within the Republican Party.

Rosenstein has been personally attacked by Trump. He has come under additional fire recentlyfrom critics of the Russia investigation, who have been using a concocted and false narrative from a recently declassified talking points memo to go after the FBI, Mueller, and Rosenstein. When Trump was asked by reporters if he still had confidence in Rosenstein last week, he responded “you figure that one out.”

Brand is reportedly leaving to become the head of global corporate governance at Walmart. The move feels possibly odd for someone who has served in three presidential administrations, cultivated a reputation as a devoted public servant, and who has only been in her current job less than one year.

Politico’s Eliana Johnson reported that someone close to Brand and the administration said she was leaving “because she is very smart, accomplished, and talented, and wants to protect her career.”

Brand worked in the George W. Bush administration and has been considered a rising conservative legal star for more than a decade. It seems very possible that staying in that DOJ position might have ultimately left her facing a very difficult situation career-wise. In a world where Rosenstein was fired and Brand was placed in charge of the Mueller probe, she might have to choose between obeying a Trump order that might upend the rule of law and being fired by Trump. As congressional and mainstream Republicans have moved closer towards Trump’s apparent anti-Mueller, anti-rule of law position, such martyrdom does not sound like it would help her future in the GOP.

Either decision might have done long-term damage to Brand’s future career prospects in any branch of government.

Brand’s move, however, preemptively abdicates that possible decision, quite possibly leaving it to a Trump-approved successor. As Elie Mystal, the executive editor at Above the Law, wrotefollowing the news, it seems as though we might be rolling towards a “slow moving Saturday Night Massacre.”

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Gee, Jeremy, I’m only a retired Immigration Judge (and 35 year vet of the DOJ), but I don’t view this a much of a “surprise.”

Brand has a reputation as as a smart lawyer, perhaps the smartest of the “Sessions crew.” As opposed to someone like the buffoonish racist White Nationalist xenophobe Stevie Miller or the often incoherently bias spewing Sessions himself, Brand was a low-key “doer.” She actually did a “bang up job” of implementing the Sessions alt right, anti-civil rights, anti-due process, anti-minority, anti-civil-liberties, anti-diversity, homophobic agenda at the DOJ.

She obviously sees “Armageddon” coming to the realm of “Gonzo Apocalypto” and wants to get out before she is left in the “lose-lose” position (that both Trump & Sessions have a penchant for creating) of having to become “Trump’s patsy” in the Russia investigation or maintaining her integrity, getting fired, and getting on Trump’s “S-list.”

This way, she can get out of the way of the “train wreck,” make some real money, and preserve her reputation in both right-wing legal circles and with Trump. That sets her up as a possible Cabinet appointee in a future, somewhat saner GOP Administration, or even to be a Trump nominee for a Federal Judgeship.

Smart, Rachel!

PWS

02-10-18

WASHPOST WONKBLOG: THE REAL STAKES IN THE TRUMP GOP RESTRICTIONIST IMMIGRATION PROPOSAL – AN ADDITIONAL 1-5 YEARS OF WHITE SUPREMACY! — “By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families.”

https://www.washingtonpost.com/news/wonk/wp/2018/02/06/trump-immigration-plan-could-keep-whites-in-u-s-majority-for-up-to-five-more-years/?hpid=hp_rhp-top-table-main_wonk-trumpimmigration-1215pm%3Ahomepage%2Fstory&utm_term=.39256eab8ac1

“President Trump’s proposal to cut legal immigration rates would delay the date that white Americans become a minority of the population by as few as one or as many as five additional years, according to an analysis by The Washington Post.

The plan, released by the White House last month, would scale back a program that allows people residing in the United States to sponsor family members living abroad for green cards, and would eliminate the “diversity visa program” that benefits immigrants in countries with historically low levels of migration to the United States. Together, the changes would disproportionately affect immigrants from Latin America and Africa.

The Census Bureau projects that minority groups will outnumber non-Hispanic whites in the United States in 2044. The Post’s analysis projects that, were Trump’s plan to be carried out, the date would be between 2045 and 2049, depending on how parts of it are implemented.

(The Post’s methodology for estimating the annual impact of Trump’s proposed cuts is explained in more detail at the bottom of this story. Projecting this far into the future entails certain assumptions that could alter the range, but demographic experts said The Post’s approach was reasonable.)

All told, the proposal could cut off entry for more than 20 million legal immigrants over the next four decades. The change could have profound effects on the size of the U.S. population and its composition, altering projections for economic growth and the age of the nation’s workforce, as well as shaping its politics and culture, demographers and immigration experts say.

“By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families,” said Michael Clemens, an economist at the Center for Global Development, a think tank that has been critical of the proposal. “Selectively blocking immigrant groups changes who America is. This is the biggest attempt in a century to do that.”

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Read the complete article, along with supporting “wonkie” stats, at the above link.

Yup! It is, and probably always has been, about White Nationalism and racism! Trump and his gang have just made it “fashionable” to be overtly racist again.

And, make no mistake about it, the REAL targets here are African American and Latino American citizens —  immigrants are just a subterfuge. After all, if African Americans and Latinos were “good for America” why wouldn’t we want more of them and their families?

No, as Trumpie let on in his White House debacle, it’s all about trying (futilely) to make America “more White like Norway.” “Making America Great Again”  is not so subtile “code language” for “Making America White Again.” Trump and his restrictionist cronies and misguided followers are not good for the future of America, or for the world.

PWS

02-06-18

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

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

The Proper Role of Immigration Judges as Asylum Adjudicators

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

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

Paragraphs 66 and 67 of the Handbook state the following:

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

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

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

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

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

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

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

Notes:

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

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

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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

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

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

PWS

02-05-18