Sanctuary Cities – Page 18 – immigrationcourtside.com

ELISE FOLEY @ HUFFPOST: TRUMP’S WHITE NATIONALIST AGENDA APPEARS ON TRACK TO SINK DREAMER AGREEMENT, PERHAPS RESULTING IN USG SHUTDOWN! – Sen. Durbin, Dems “Just Say No” To Restrictionist Measures!

https://www.huffingtonpost.com/entry/trump-daca-dreamers-dick-durbin_us_5a4fff0ce4b01e1a4b151ad1

Elise writes in HuffPost:

“WASHINGTON ― President Donald Trump sent senators a lengthy set of demands on Friday that could tank a deal to help Dreamers ― young undocumented immigrants who came to the U.S. as children ― and might risk a government funding agreement in the process.

The document is essentially an immigration restrictionist wish list. It calls for a border wall, more immigration enforcement agents, punishment for so-called “sanctuary cities,” restrictions on citizens and legal residents sponsoring family members’ visas, and policies to make it easier to detain and deport undocumented immigrants. No dollar amounts were included in the list of demands, but The Wall Street Journal reported earlier Friday that Trump is seeking nearly $18 billion to pay for a border wall.

Democrats and immigrant rights activists have said they won’t accept the White House’s demands in a deal to grant legal status to Dreamers, hundreds of thousands of whom are at risk of losing deportation protections because Trump ended the Deferred Action for Childhood Arrivals or DACA program.

The list could be enough to trigger a Democratic revolt on a government funding bill that needs to pass later this month, Senate Minority Whip Dick Durbin (D-Ill.), whose office shared the White House’s list with reporters, said in a statement.

“President Trump has said he may need a good government shutdown to get his wall,” Durbin said. “With this demand, he seems to be heading in that direction. … It’s outrageous that the White House would undercut months of bipartisan efforts by again trying to put its entire wish-list of hardline anti-immigrant bills—plus an additional $18 billion in wall funding—on the backs of these young people.”

Trump ended DACA in September and said Congress should act to give more permanent protections to recipients of the two-year work permits and deportation relief. DACA recipients will begin to lose permits in greater numbers in March, although activists estimate they’re already losing them at a rate of about 122 per day.

In the months since Trump ended the program, the White House has put out long lists of immigration priorities, and Trump has made broad pronouncements in public comments and tweets, largely focused around building a wall, ending the diversity visa lottery and eliminating so-called “chain migration,” immigration restrictionists’ preferred term for family reunification visas.

The list of demands was initially created in October, with Stephen Miller, a Trump policy adviser, listed as the author of the document, according to the properties on the PDF file. But senators didn’t get a copy until Friday.

The White House did not immediately respond to a request for comment on the document.

Democrats have said they are willing to give Trump some of what he wants on border security, such as more infrastructure, technology and funds, in exchange for legal status for Dreamers. But they, and Dreamers themselves, have argued any deal must be proportional — not everything Republicans want in exchange for legal status for one subset of the undocumented population. During comprehensive immigration reform efforts in 2013, for example, Democrats agreed to an overhaul of the legal immigration system, border security measures and enforcement as part of a package that would have also granted a path to legal status and eventual citizenship for much of the undocumented immigrant population.

Democrats, activists and even some Republicans have warned that piling on more immigration issues has the potential to sink a deal — it happened during past reform efforts and could again now.

The document the White House sent to senators on Friday could indicate the administration either thinks it can get Democrats to settle because of their desire to help Dreamers, or that it doesn’t really want a deal at all.

I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it. Greisa Martinez Rosas, advocacy director for United We Dream

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.

The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.

The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.

The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.”

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Read the rest of Elise’s report at the link.

I think that “Dreamers” are a good place for the Dems to take a stand. And, given the “Bakuninist Wing” of the GOP (who share Trump’s desire to destroy Government, but are dissatisfied with the pace of the destruction), it’s going to be very difficult for Trump to get any type of budget passed without Democratic support.

The DHS needs an additional 10,000 agents like we all need holes in our heads. They don’t have enough legitimate law enforcement functions to perform with the staff they have; that’s why they have time for chasing after kids and stuffing their generally law-abiding parents into an already overwhelmed Immigration Court system for hearings that probably won’t take place until long after this Administration is history. (And, that’s even without Gonzo’s current “plan” which appears to be intentionally “jacking up” the Immigration Court backlog to more than 1,000,000 cases overnight by “recycling” all of the currently “administratively closed” cases!)

The words of Greisa Martinez Rosas, advocacy director for United We Dream, are worth repeating and keeping in mind:

“I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it.”

PWS

01-06-17

INSIDE THE LATEST DACA NEGOTIATIONS WITH TAL @ CNN—PLUS LAUREN FOX ON WHY SOME IN GOP FEAR THE “RUBIO EXAMPLE” ON IMMIGRATION!

http://www.cnn.com/2018/01/05/politics/daca-trump-congress-next-steps/index.html

“By Tal Kopan, CNN

The outline of an immigration deal is starting to take shape in Washington after months of negotiations. Yet even as lawmakers draw close to a resolution, filling in the blanks could prove insurmountable.

Key Republican senators left a White House meeting Thursday optimistic about reaching a deal to make permanent the Deferred Action for Childhood Arrivals program — which protected young undocumented immigrants who came to the US as children from deportation — along with some border security and immigration reforms.

But the meeting was boycotted by one Republican who is actively negotiating with Democrats, Sen. Jeff Flake of Arizona, for not being bipartisan, and even the GOP lawmakers in the room did not all agree on how to hammer out remaining sticking points.

President Donald Trump called for a bipartisan meeting next week to follow, lawmakers said afterward, and Vice President Mike Pence personally called to invite Flake, who accepted.

Democrats, meanwhile, are keeping their options open — doubling down on bipartisan negotiations and declining opportunities to draw red lines around some of the proposals.

The shape of a deal

Republicans who were in the meeting, including Sens. John Cornyn of Texas, Thom Tillis of North Carolina and James Lankford of Oklahoma, all described a similar set of ingredients. A deal should include a resolution for DACA — which currently would be a path to citizenship for qualifying young undocumented immigrants, negotiators say — along with beefed up border security that would include physical barriers, some limits to family-based visa categories and the end of the diversity visa lottery.

But there was disagreement over what all that consists of specifically.

South Carolina Sen. Lindsey Graham, who was at the White House meeting, and Flake — who have been negotiating intensely with Democratic Whip Dick Durbin of Illinois and Colorado Sens. Michael Bennet, a Democrat, and Cory Gardner, a Republican — both said Thursday that the “chain migration,” or family-based migration, piece would be limited.

“We’re not going to fix it all,” Graham told radio host Hugh Hewitt on Thursday. “But the first round, there will be a down payment on breaking chain migration.”

Flake told reporters that the negotiations were settling on limiting the issue of “chain migration” to the DACA-eligible immigrants protected in the eventual deal.

But Lankford flatly rejected that approach.

“No,” he said when asked about Graham’s characterization of talks. “This has to be broader than that, because if you’re going to deal with chain migration, you deal with chain migration. … I can’t count on the fact that we’re going to do another (bill) in six months to resolve the rest of it.”

Lawmakers are discussing ending the diversity visa lottery but not erasing the 50,000 visas for legal permanent residency distributed through it annually. Graham said the deal would “use them more rationally” and Flake said it would be part of a trade for resolving a type of immigration protection for nationals of countries who suffer major disasters, which the Trump administration has moved to curtail.

And the border security piece still remained elusive, even as Trump continues to demand his wall. Lankford and Tillis made efforts to tell reporters that the “wall” piece does not mean a solid structure all the way across the entire southern border.

“That’s not what he means. That’s not what he’s tried to say — I think that’s what people are portraying it as,” Lankford said. But neither could describe what Republicans actually want out of a border deal, and they said they were still waiting for the White House to provide clarity on what it could and could not live with.

“What we did today that I thought was truly (a) breakthrough … we saw the President assume leadership on this issue beyond what he already has in terms of the message to the American people,” Tillis said. “Now it’s about the mechanics.”

Lankford said he anticipated something on “paper” from the White House by Tuesday, though lawmakers have been asking for such guidance for weeks.

Democrats hedge

Democrats, for their part, wave off Republican accusations that they are not being serious on a border security compromise as noise, pressing on in the Durbin-hosted negotiations.

“Anybody who thinks that isn’t paying attention or has their own agenda,” said a Democratic Senate aide.

Senate Minority Leader Chuck Schumer at a news conference Thursday dodged an opportunity to attack Republicans’ demands on “chain migration” and the visa lottery.

“I’m not going to negotiate in front of everyone here,” the New York Democrat said. “We’ve always said we need strong and real border security, not things that sound good but don’t do the job. And we need to help the (DACA recipients). That’s what we believe, and we will sit down with our Republican colleagues and try to negotiate.”

As a January 19 government funding deadline rapidly approaches, Democrats are still insisting a DACA deal must be had but are also continuing to hope negotiations bear fruit, alarming some progressives.

“It’s concerning that Schumer and Pelosi are not positioning and framing on this,” tweeted Center for American Progress’ Topher Spiro, speaking of House Minority Leader Nancy Pelosi, a California Democrat. “They’re not setting themselves up to win public opinion and the blame game.”

In December, when Democrats helped Republicans punt the issue to January, a Senate Democratic leadership aide noted that it made no sense to force the issue when negotiations were still productive.

“I can’t imagine Sen. Schumer or Ms. Pelosi wanting to shut down the government over this issue when there is a bipartisan commitment to work on it in good faith,” Cornyn said Thursday, reiterating that Senate Majority Leader Mitch McConnell had promised Flake he would call a bill for a vote by the end of January if a compromise were reached.

Until then, 60 is the magic number — the number of votes required in the 51-49-split Senate to advance legislation.

“We got to get to 60, we’ve got to be reasonable and we’ve got to get it done,” Tillis said Wednesday.”

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Meanwhile, Tal’s CNN colleague Lauren Fox tells us why some (but not all) in the GOP are “gun-shy” of involvement in immigration legislation.

http://www.cnn.com/2018/01/05/politics/republicans-immigration-daca-fight-2013/index.html

“(CNN)A group of Republican senators is working alongside Democrats to try to protect hundreds of thousands of young immigrants from being deported in upcoming months, but the harsh lessons of a failed immigration reform push in 2013 loom large for a party barreling toward a midterm election.

For the last several months, familiar players in the immigration debate — South Carolina’s Sen. Lindsey Graham and Arizona’s Sen. Jeff Flake — have re-emerged, committed to finding a narrower legislative solution for the Deferred Action for Childhood Arrivals policy, a program that shielded young immigrants who came to the US illegally as children from deportation. But new faces have also joined in. Sen. James Lankford, a Republican from Oklahoma, a state with a relatively small immigrant population, is involved, as is Sen. Cory Gardner of Colorado, the leader of the Senate’s campaign arm, and Sen. Thom Tillis of North Carolina, who worked as speaker of the House back in his state to pass immigration bills.

RELATED: Trump meets with Republican senators on immigration

But in a climate where President Donald Trump swept the 2016 Republican primary with promises to build a wall at the southern border and applause lines to deport “bad hombres,” the politics for GOP senators involved in the negotiations are precarious. Still hanging in the backs of many members’ minds is the stark reality of what happened to a rising star in the Republican Party who stuck his neck out to fight to overhaul the country’s immigration system.

Notably absent in this debate is Sen. Marco Rubio of Florida — who spent most of his 2016 presidential campaign trying to answer for the Gang of Eight’s 2013 immigration bill. From debates to campaign ads, it was Rubio who endured the brunt of the right’s consternation.

close dialog

“I frankly think Sen. Rubio would have been better off embracing and not apologizing for what we did. The Gang of Eight bill was a good bill. I think that Republicans can survive more than we think we can survive on immigration,” said Flake, who will retire at the end of his term after facing a serious primary threat. “But on this, on DACA, look at this issue. This is a 70 to 80% issue across the board. People think kids shouldn’t be punished for the actions of their parents.”

Marco Rubio’s immigration muddle

One Democratic aide suggested the lesson from 2013 wasn’t to avoid immigration reform. After all, Graham was able to run for re-election successfully in a primary in South Carolina after backing the 2013 bill. Instead, the Democratic aide said, the lesson was “if you are going to get involved in immigration, do it all the way.”

Republicans working now say the politics of immigration reform have changed drastically for the party. Many have compared Trump’s opportunity on immigration to that of former President Richard Nixon’s détente with China, and Republican lawmakers hope that if they can convince the President to endorse a bipartisan immigration bill, it will offer political cover in the midterms from a mobilized base that has long opposed anything that gives immigrants who entered the country illegally a shot at legal status.

“At the end of the day, the base needs to recognize we would do nothing the President doesn’t support and the President has strong support from the base,” Tillis said when asked why he’d ever engage in talks on immigration after watching what happens to Republicans who got involved in the Gang of Eight negotiations in 2013.

On one hand, Republicans argue that Trump gives them the flexibility to pursue protections for immigrants eligible for DACA they never could have touched when President Barack Obama was in office. If the argument during the Obama administration was the base couldn’t trust Obama to enforce immigration laws or secure the border, Republicans believe the base will follow Trump wherever he leads them on immigration.

“We all agree that this president is the first president in my adult life time who really is in a position to to deliver on the promise that every other president has made and failed to produce,” Tillis said.

Even with Trump, however, there is still a liability in jumping headfirst into immigration reform. After the President attended a dinner with House Democratic leader Nancy Pelosi of California and Senate Minority Leader Chuck Schumer, D-New York, in the fall and Democrats suggested Trump had agreed to support the DREAM Act, conservative news site Breitbart declared Trump was “Amnesty Don.”

GOP Rep. Steve King of Iowa, a hard-liner on immigration, blasted Trump on Twitter: “@RealDonaldTrump Unbelievable! Amnesty is a pardon for immigration law breakers coupled with the reward of the objective of their crime.”

Other conservatives suggested the President had violated his promise on the campaign trail.

For now, the bipartisan effort to protect DACA recipients is far narrower than anything the Gang of Eight attempted — and the Republicans who are new to the talks insist on keeping it that way. In exchange for a potential path to citizenship for young immigrants, Republicans would get additional border security that included barriers, more personnel and technology. And anything agreed to, again, would have to have the blessing of the White House.

“I think it will be hard for Breitbart to attack Republicans who support Donald Trump’s immigration plan,” said GOP consultant and former Rubio spokesman Alex Conant.

Some also argue that DACA recipients themselves are easier to defend on the campaign trail, no matter how conservative your district is.

“I think it’s much harder to arouse hostility against the DREAMers,” former House Speaker Newt Gingrich told CNN. “But I also think the President is making real progress in controlling the border and dealing with illegals and going after MS-13.”

Rep. Mario Diaz-Balart, a Florida Republican who has worked for years on immigration reform in the House and has seen the politics evolve, said he’s been “encouraged” by how many Republicans still want to be involved despite the risks.

“The safe thing to do is just stay away from the issue, but I have been very encouraged by the number of Republicans who want to get involved,” Diaz-Balart said.

CNN’s Tal Kopan, Ted Barrett and Phil Mattingly contributed to this report.”

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

No deal yet, and not clear there will be.

At some point, the GOP is going to have to start governing in the overall public interest, not just the interests of the 20-30% of voters who make up the dreaded “Trump Base.” Yeah, I understand that without the support of the “Trump Base” the GOP might revert to its proper place as a minority party. But, eventually, even the “Base,” plus gerrymandering, plus voter suppression won’t be able to save the GOP. Leaving the retrogressive policies of “the Base” behind would make the GOP more competitive with the rest of the electorate. It would also make America better and stronger, both domestically and internationally. And, assuredly, the “Trump Base” represents a “dying breed” in American politics. It’s just a question of how nasty and for how long its “death throes” will last.

PWS

01-05-17

NEW DOJ REPORT ON MIGRANTS IN FEDERAL PRISONS SHEDS LITTLE LIGHT BUT RE-IGNITES HEATED DEBATE!

https://www.nytimes.com/2017/12/21/us/undocumented-immigrants-crimes.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

As reported by Vivian Yee in the NY Times:

About one in five inmates in federal prison are foreign-born, and more than 90 percent of those are in the United States illegally, according to a report released on Thursday by the Trump administration, which has sought to highlight the dangers it says unauthorized immigrants pose to public safety.

Officials at the Justice Department and the Department of Homeland Security quickly framed the statistics as evidence that the country needed stricter anti-immigration measures, particularly the wall President Trump has pushed to erect across the southern border.

The report arrives as the White House and Republicans in Congress insist that any legislative deal to restore legal protections for young immigrants who were brought to the country illegally as children must include more restrictions on legal and illegal immigration.

. . . .

Administration officials have repeatedly emphasized what it says are links between unauthorized immigrants and crime, even opening an office to advocate for the victims of crimes committed by immigrants. But a large body of research has suggested that immigrants are no more likely, and often less likely, to commit serious crimes than native-born Americans.

The proportion of unauthorized immigrants in federal prison may be explained partly by the fact that immigration offenses now account for about half of all federal prosecutions, including those for smuggling people into the United States, illegally entering the country and illegally re-entering the country after being deported.”

Predictably, Attorney General Jeff Sessions seized upon the report to re-iterate his oft-made claim that we’re in the middle of an “alien crime wave:”

“At the border and in communities across America, our citizens are being victimized by illegal aliens who commit crimes,” the attorney general, Jeff Sessions, said in a statement on Thursday, calling on Congress to pass Mr. Trump’s immigration agenda. “The simple fact is that any offense committed by a criminal alien is ultimately preventable.”

Also predictably, Sessions’s claim was vigorously rejected by pro-immigrant advocacy groups:

“The report proves one thing only: The administration will take any opportunity possible to twist facts to demonize immigrants,” said Tom Jawetz, the vice president for immigration policy at the Center for American Progress, a liberal think tank. “The vast majority of immigrants in federal prison are there for crimes that only immigrants can be charged with — illegal entry and illegal entry after removal. When you cook the books you shouldn’t pretend to be surprised by the results.”

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The Administration’s conclusions were also rejected in a report filed by Alex Nowrasteh of the Cato Institute, a Libertarian think tank:

https://www.cato.org/blog/new-report-illegal-immigrant-criminality-reveals-little-admits-its-own-shortcomings

Nowrasteh writes:

“The Department of Homeland Security (DHS) and the Department of Justice (DOJ) today released a report that found that about 94 percent of foreign-born inmates in Federal prisons are illegal immigrants. That is not surprising, as illegal immigrants convicted of an immigration offense are incarcerated in federal prison and account 7.3 percent of all inmates. Likewise, drug traffickers who cross international borders are also in federal prison and account 46.3 percent of all prisoners. Thus, illegal immigrants are overrepresented in federal prison because the federal government enforces immigration laws and many drug trafficking laws but only a small fraction of all those incarcerated for all crimes committed in the U.S. are in federal prisons.

The authors of this DHS/DOJ report do deserve credit for highlighting its shortcomings. On the first page, it states:

This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees. This limitation is noteworthy because state and local facilities account for approximately 90 percent of the total U.S. incarcerated population.

The federal prison population is not representative of incarcerated populations on the state and local level, so excluding them from the report means that it sheds little light on nationwide incarcerations by nativity, legal status, or type of crime. On the last point, it is shocking how unrepresentative federal prison is regarding the types of crimes its inmates are convicted of. In 2016, 67,742 people were sentenced to federal prison. Almost 30 percent of them were for immigration offenses. Those immigration convictions comprised 100 percent of the convictions for immigration crimes in the United States in 2016. By contrast, there were only 85 federal convictions for murder out of a nationwide total of 17,785 murder convictions that year, comprising less than 0.5 percent of all murders.

If Garcia Zarate had actually been convicted of murdering Kate Steinle, then he would have been incarcerated in California state prison and he would not show up as an illegal immigrant murderer in this DHS/DOJ report. What good is a federal report on illegal immigrant incarceration rates if it would have excluded Kate Steinle’s killer had he been convicted?

The DHS/DOJ report also explained why they did not include an estimate of illegal immigrants incarcerated on the state and local level:

DHS and DOJ are working to develop a reliable methodology for estimating the status of state and local incarcerated populations in future reports.

A March 2017 Cato Institute Immigration Research and Policy Brief employed a commonly used residual statistical methodology to analyze the incarcerated population in the U.S. Census for 2014. We found that illegal immigrants were about 44 percent less likely to be incarcerated than native-born Americans. I look forward to reviewing any methodology that the federal government comes up with but illegal immigrant criminals would have to be severely undercounted in prisons to give them an incarceration rate that even approaches native-born Americans.

The broad finding among criminologists and economists who study this topic is that immigrants are less crime-prone than natives whether measured by the areas where they live or their incarceration rates. Although there is less research on illegal immigrant criminals, the general finding is that they are less crime-prone or about as criminally inclined as native-born Americans. The DHS/DOJ report reveals no new information about incarcerations on the federal level, does not provide evidence for a higher nation-wide illegal immigrant incarceration rate, nor does it support the administration’s plea for more border security.”

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Meanwhile, over at the American Immigration Council (“AIC”), another pro-immigrant group, Walter Ewing, although not mentioning the DOJ report specifically, asserts that here is no basis for the “nativists” claim that crimes by migrants are a crisis:

http://immigrationimpact.com/2018/01/03/nativists-claims-immigration-crime/

Ewing writes in AIC’s Immigration Impact blog:

“Social scientists have concluded that immigrants are far less likely than the native-born to commit serious criminal offenses or end up behind bars. More than one hundred years of research has firmly established this fact. Yet nativists still claim that undocumented immigrants pose a threat to public safety and national security.

They do this in two ways.

First, in the nativist mindset, since undocumented immigrants have broken a law by coming to or staying in the United States without authorization, they are all “criminals”—and criminals are dangerous. Therefore, according to this line of reasoning, undocumented immigrants must be dangerous criminals.

Second, since some undocumented immigrants are in fact serious criminals, nativists argue that we would have fewer criminals in the United States if we had fewer undocumented immigrants. Yet the same reasoning applies to any social group. If we had fewer white people, or short people, or blonds in this country, then there would be fewer serious criminals as well since some criminals are white, and some are short, and some are blond. Missing from this argument is the fact that immigrants commit crimes at a much lower rate than the native-born.

An example of the nativist line of reasoning comes from a story on Frontpage Magazine by retired Immigration and Naturalization Service (INS) agent Michael Cutler. The story throws together a collection of disembodied incarceration statistics with inflammatory political rhetoric. Cutler also argues, without citing a primary source, that undocumented immigrants are responsible for nearly a third of all murders in the country.

While Cutler can’t credibly back up his claims, there is no shortage of credible researchers who have demonstrated the absence of any relationship between high rates of immigration and high crime rates. In just the past three years, three compelling studies have been added to the pile of evidence which has been growing for decades concerning the lack of any connection between immigration and crime.

A study released in 2017 concluded that “undocumented immigration was significantly associated with reductions in drug arrests, drug overdose deaths, and DUI arrests” between 1990 and 2014. The study “provides evidence that undocumented immigration has not increased the prevalence of drug or alcohol problems, but may be associated with reductions in these public health concerns.”

Another recent study found no relationship between undocumented immigration and rates of violent crime. The authors note that their findings undermine what they call the “Trump Hypothesis,” a notion which holds that undocumented immigration is fueling “violent and drug-related crime in the United States” as declared by President Trump’s 2015 presidential campaign announcement.

Finally, a 2014 study found that “immigrants to the United States are less likely to engage in violent or nonviolent antisocial behaviors than native-born Americans.” Notably, native-born Americans were approximately four times more likely to report violent behavior than Asian and African immigrants and three times more likely than immigrants from Latin America.”

Cutler’s piece ignores this evidence and resorts to simplistic rhetoric; labeling any immigrant in prison for any offense a “criminal alien” and accusing them of terrorizing the American people. But it is immigrants—particularly the undocumented—who risk being terrorized by nativists in their zeal to stereotype and scapegoat immigrants as the source of every ill that afflicts the United States.

The former INS agent characterizes the statistics in his story as “the stunning numbers the Left cannot refute.” However, it is Cutler who seemingly can’t refute the body of research which thoroughly discredits his arguments.”

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Suffice it to say that the grandiose claims about the DOJ report’s findings made by Sessions and others in the Administration appear problematic, at best.

PWS

01-04-18

READ (RETIRED) JUDGE THOMAS LISTER’S “Personal pledge for planetary peace!”

http://lacrossetribune.com/opinion/columnists/article_424899f4-67e5-59b6-92dc-dc9e41c8e67a.html

Judge Lister writes in the LaCrosse (WI) Tribune:

“Our planet is beset with war, terror, hunger, disease, poverty and environmental degradation which must end soon if future generations are to survive and progress.

Perpetuating hatred, ignorance, bias, prejudice, selfishness, greed, fear, extremism, jealousy and misunderstanding from generation to generation perpetuates the world’s differences, disasters, degradations and difficulties.

Without an immediate, dramatic change of direction individually and collectively, our human race will come to where we are presently — and suicidally

— headed.

I and many others doubt whether individual actions or reactions to the planet’s universal problems can or will make any difference.

I personally pledge that I will forever peacefully condemn, resist and denounce killing, terror, war, crime, prejudice, vengeance and the loss or limitation of basic human rights – including, but not limited to:

The right to adequate food, shelter, clean water, clean air and clothing.

The right to health care.

The right to education.

The right to work for a living.

The right to worship one’s highest spirit and/or creator.

The right to a homeland free of challenge or aggression.

I will work to promote remedial action by those who have too much in favor of those who have too little; and, by those who can offer aid to those who need help.

I will not tolerate — without my active peaceful protest and, where necessary my peaceful civil disobedience — any government action that violates these covenants.

I support one planetary, plenary police power, consisting of fair representation from all nations, which will enforce the principles of universal law and peace through a multinational force governed by the United Nations.

I support one World Court, representative of all nations, to interpret and administer its universal rights and laws and principles.

I support a renewed and more responsible United Nations, free of veto power vested in any single nation or select group of nations.

Any declaration of war implied by any nation, government, individual or organized entity, other than the United Nations, shall be a declaration against all earth’s people; and, I will oppose any such aggressor.

I advocate the prompt mutual elimination of all weapons of mass destruction.

I will look anew at earth’s environmental status as well as my own in light of the damage humankind has wrought; and, I will endeavor to waste no resource, to conserve energy and prevent pollution of air, water and soil. I will try to use no more energy than is necessary to support my family.

I will teach my children and grandchildren principles of universal tolerance, love, equality, understanding, compassion, sympathy, empathy and freedom. I will teach the lessons of history and world events that have led us to this perilous time. This promotion of universal principles has become so necessary to the survival of humankind and the preservation of our earth.

I pledge to end the exposure of children to violence, including that portrayed in the media and I will also reject such portrayals myself.

I will pray for all those who are asked to understand this simultaneous planet-wide denouncement of violence and killing and vengeance even though they and their loved ones have been brutalized and victimized; and, I will promote the message that we must altogether say “enough” to violence, terror and killing. I believe earth’s present generations must agree to forgive terrible past and present wrongs and forego future wrongs and revenge.

I will respect and work to protect human differences in religion, culture, color, nationality, language, gender, age, ethnicity and political beliefs.

This dramatic and immediate change, so essential to preserving the planet and its people, will not come about through slow generational purging of the problems and prejudices that plague our earth.

We must act together to adopt sweeping, global change that will provide all people with the ultimate promise and hope, that we can together act to change tomorrow. I pledge to act responsively and responsibly to achieve this end.

I support a general amnesty for those who have engaged in conflict, so long as they terminate armed conflict and lay down their arms forever.

We must redirect worldwide economic resources from weapons and armies, fear and terror, to provide world sustenance, health, universal education and other basic human rights and needs for all. I will work for the preservation of the earth’s natural resources and development of clean renewable alternative energy to sustain future life on the planet.

I will urge others to take this pledge including my governmental representatives at all levels, my religious leaders, my nation’s military leaders, educational leaders and corporate leaders.

If we support these changes, there can and will be peace on earth and preservation of our planet and protection and perpetuation with dignity for humankind.

Thomas Lister is a trial lawyer, former Jackson County district attorney and circuit court judge. He is retiring from Fitzpatrick Skemp & Associates, La Crosse.

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

Judge Thomas “Tom” Lister and I were members of the Class of 1973 at the University of Wisconsin School of Law. (No Orange Bowl — or indeed any Bowl — victories in those days — we were happy if the Badger Football team won a game. But, we faithfully attended the games in the “law student section” and the “fifth quarter” afterward!) Indeed, Tom, his wonderful wife Sally, my wife Cathy, and I were very close friends throughout those three years and have remained in touch ever since. Tom and I were members of the same “study group.”

Like me, Tom has seen the U.S. legal system from a number of different vantage points — as a prosecutor, a judge, and a private practitioner. Several years ago at our 40th UW Law Reunion we had an interesting discussion of the failures of the traditional law enforcement approach to drug and opioid use, a particular problem not only in Northern Virginia but in the largely rural Jackson Country Wisconsin where Tom was a Circuit Judge and, some years prior to that, the District Attorney.

I find Tom’s words and thoughts inspiring, particularly at a time when the level of political and intellectual discourse in our country is often quite the opposite, to say the least. I particularly appreciate his message about tolerance and the recognition of basic universal human rights — a subject which has concerned me throughout my legal career.

PWS

01-04-18

SO-CALLED “SANCTUARY CITY” NEW YORK SEES AMAZING DROP IN CRIME! — Maybe Gonzo Should Stop Lobbing Anti-Immigrant Grenades & Study What Actually Works!

https://www.nytimes.com/2017/12/27/nyregion/new-york-city-crime-2017.html?_r=0

Ashley Southall reports for the NYT:

“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.

In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.

If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.

“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.

But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful men like Harvey Weinstein, which gave rise to the #Me Too m ovementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.

And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.

The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.

The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.

The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.

Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?

“We don’t know when we’ve exhausted the possibilities of urban crime decline, and we won’t know unless and until New York scrapes bottom,” said Mr. Zimring, who analyzed the first 20 years of New York’s historic crime reduction and expounded on it in a book.

Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.

Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.

One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.

But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.

More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.

“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.

The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.

Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.

Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.

“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”

Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.

In some cases, the data annotates horrible crimes: an ISIS-inspired truck rampage on a Manhattan bike lane on Halloween that left eight people dead; the ambush killing of a police officer, Miosotis Familia, 48, who was shot in the head on July 4 while sitting in her R.V.-style command post in the Bronx; the death of Timothy Caughman, 66, a black man, at the hands of a sword-wielding white supremacist on March 20.

Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.

While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”

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

AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.

PWS

01-01-18

THE HILL: NOLAN HAS SOME SAGE ADVICE FOR IOWA: “Cool It” On The “Anti-Sanctuary” Legislation!

http://thehill.com/opinion/immigration/366675-iowa-better-off-holding-fire-on-anti-sanctuary-city-law-for-now

Nolan writes:

“Iowa should consider waiting on SF 481 until the fate of the Texas anti-sanctuary bill is decided, which is likely to require a decision from the Supreme Court.

If Iowa actually needs a bill to eliminate sanctuary policies, it is not an urgent need.

State Senator Julian Garrett, the bill’s floor manager, has acknowledged that the vast majority of Iowa cities and counties cooperate with ICE enforcement efforts already.

And Iowa has a relatively small population of undocumented aliens. According to the PEW Research Center’s 2014 per-state estimate, Iowa only had 40,000 undocumented aliens in 2014, which was 1.3 percent of Iowa’s population. California had 2,350,000 undocumented aliens (6.0 percent of its population), and Texas had 1,650,000 (6.1 percent of its population).

[Graphic Omitted]

SF 481 also has substantial political opposition.

Numerous organizations have registered opposition to SF 481, including the Iowa League of Cities, Iowa State Bar Association, Iowa Police Chiefs Association, Iowa County Attorneys Association, Interfaith Alliance of Iowa, American Civil Liberties Union of Iowa, Iowa Catholic Conference, and Iowa Annual Conference of the United Methodist Church.

Only one organization has registered support for SF 481, the Iowa Minuteman Civil Defense Corps.

Perhaps Iowa should just leave the decision on whether to cooperate with ICE up to the discretion of its police departments.

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

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

Read Nolan’s complete article with more on the origins of Iowa SF 481 and the Texas litigation over at The Hill at the link.

I think Nolan is “right on” here. It appears that at present there is no need for this legislation.

PWS

12-29-17

JRUBE IN WASHPOST; GONZO’S SCAPEGOATING OF UNDOCUMENTED RESIDENTS IMMORAL & STUPID!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/12/27/scapegoating-illegal-immigrants-isnt-just-immoral-its-bad-crime-policy/

Rubin writes:

“Anti-immigrant voices’ smokescreen that they were only opposed to illegal immigration has been shredded. They now revel in their calls for immigration exclusionism. If allowed to persist, it will distort and damage our economy and impede entrepreneurship. It has already encouraged a wholly-misguided approach to crime fighting.

Attorney General Jeff Sessions and Trump have concocted a theory that we are awash in crime because of illegal immigrants, especially those living in “sanctuary cities.” That is patently false, and Sessions’ efforts to punish cities that refuse to do the feds bidding in detaining and helping to deport illegal immigrant have been swatted down in court. However, the barrage of litigation over sanctuary cities and obsession with the issue has led us to ignore both the successes and failures in crime fighting — and the causes of each.

. . . .

So when Los Angeles mayors and police chiefs tell the Justice Department that making police into immigration agents will impair their community policing success and divert valuable resources, maybe we should listen to them. Conservatives used to understand that in federalism we have the “laboratories of democracy,” namely the opportunities to find through experimentation what works and what doesn’t. Rather than riding roughshod of localities, Sessions should highlight the successes of local police departments, urge others to follow suit and increase funding — rather than threaten to yank it for spurious reasons — for those localities that need it the most. Alas, his ideological fixation with demonizing illegal immigrants seems to preclude such a fact-based approach.“

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

Read JRube’s compleat article at the link.

As she indicates, Gonzo is undoubtedly the most “fact and law free” Attorney General in our lifetime. Almost every one of his amazingly horrible and destructive decisions is driven by deeply ingrained ideological bias. Senator Liz Warren and the others who spoke up at the confirmation hearings were right. But, the GOP Senate tuned them out. Remember that the next time you go to the polls!

PWS

12-27-17

OUT HERE BEYOND THE WHITE NATIONALIST XENOPHOBIC WORLD OF TRUMP & SESSIONS, LIES THE “REAL AMERICA” – A NATION OF IMMIGRANTS, DIVERSITY, & LOYALTY TO AMERICA – THREE CAMEROONIAN SISTERS BOUND FOR THE IVIES SHOW THAT THERE IS HOPE FOR OUR NATION’S FUTURE BEYOND THE BLEAK, SELF-INDULGENT MYOPIA OF TRUMP & HIS CRONIES!

https://www.nytimes.com/2017/12/24/opinion/trump-african-immigrants-ivy-league.html?_r=0

“Opinion | OPINION

As Trump Rages About Immigrants, They Go to the Ivy League

By TARIRO MZEZEWADEC. 24, 2017

Photo

American sisters born in Cameroon, from left, Ella, Chris and Xaviera. CreditVictor J. Blue for The New York Times

Ten years ago, a family arrived in the Bronx from Yaoundé, Cameroon, not speaking a word of English. This Christmas, they are celebrating a feat that would be impressive for any family: Three of the family’s five daughters have been accepted to Ivy League universities.

In a year in which our nativist president would have you believe that immigrants are, at best, a job-stealing drain and at worst, criminals, rapists and people with AIDS, these three remarkable sisters are worth paying attention to. Not just because they are inspiring — they are — but because they are far better ambassadors for this country and exponents of its ideals than the 45th president.

“We brought the girls to this country because there are better opportunities here,” says Flore Kengmeni, their mother, who works as a nurse. “I don’t know of another country where you can try hard, work hard and get somewhere. Where you are given the opportunity to fulfill your potential.”

“This country is built on immigrants,” Francois de Paul Silatchom, their father, a professor of economics at SUNY, starts to say, before his middle daughter, Ella, a sophomore at Yale, interjects: “Our experience as a family is what America is.”

That experience is marked by hard work, optimism, resilience and a persistent sense of gratitude even to have the opportunity.

All three girls admit it wasn’t easy. They recall sitting in class during their first year in America and not understanding what their teachers and classmates were saying. They remember being made fun of, but not really knowing why.

“Everyone spoke so fast and I guess we speak that fast now, too,” says Xaviera, the youngest of the three, who was accepted to Harvard earlier this month.

They turned to books for guidance. Their parents got the girls library cards and made reading mandatory — “Education is the most valuable asset,” the parents say repeatedly when we meet. The sisters were encouraged to read broadly, from “The Magic School Bus” to “Harry Potter,” and they practiced English as a family in their two-bedroom apartment in the Bronx’s Pelham Parkway neighborhood.

By the end of their first year at their local public schools, the girls had learned enough English to take the state exams, and were excelling in their classes. But their parents were alarmed that they were finishing their homework during the school day and coming home bored. They asked teachers to assign their daughters more homework. But even that wasn’t enough.

“Something was wrong,” Mr. de Paul Silatchom says. “I started looking for schools that would challenge them and keep them busy. At a school fair, we learned about Democracy Prep.”

At Democracy Prep, a public charter school in Harlem where I met them one recent afternoon, the day begins at 7:45 a.m. and ends at 5 p.m. Longer school days, many argue, allow teachers to spend more time on subjects other than math and English, and keep students out of trouble.

Photo

Francois de Paul Silatchom, left, poses for a portrait with his daughters (left to right) Xaviera, 17, Ella, 19, and Chris, 20, and their mother Flore Kengmeni, center, at their church on the Upper East Side.CreditVictor J. Blue for The New York Times

Through the school’s Korean language program, the sisters were exposed to a culture completely different from their own, which sparked an interest in global affairs for all of them. Civics is a core part of the school’s curriculum, which Xaviera says showed her that, “Regardless of how disadvantaged you are in society, you have an advantage if you understand how our system of government works.”

“I learned so much here,” Ella says of the school. “And between that and our parents, my work ethic — our work ethic — really developed. Our parents required us to do an extracurricular, so sports or choir or whatever and that was for after 5 o’clock. That was normal for us.”

When the oldest, Chris, now a junior at Dartmouth, got into the college in 2014, friends and family were elated, but her parents made it clear that the work wasn’t over.

“The night I got into Dartmouth, Mom asked me, ‘Have you done the dishes?’ Getting in was exciting and I knew she was proud, but it was just a regular day,” Chris says.

“They haven’t ‘arrived,’ as people like to say, just because they are into Ivy League schools,” Mr. de Paul Silatchom says. “It’s a good start and a platform of opportunity.”

When speaking, the sisters transition seamlessly between New York-accented English and French, their first language. The irony that they landed at a school called Democracy Prep after immigrating from one of the world’s least democratic countries is not lost on them.

It’s something they’ve spent a lot of time thinking about as President Trump has rolled out various cruel immigration policies, from his proposed travel ban to, in September, rescinding the Deferred Action for Childhood Arrivals, or DACA — an Obama-era program that protected the country’s approximately 800,000 undocumented youth raised in the country from being deported.

“It’s scary to see because this is not the country we know,” says Chris, who along with her sisters, became an American citizen in 2016. “America at its core is principled on immigrants. We came to this country to improve our futures and I feel as American as anyone born here.”

“These girls are more American than Cameroonian,” their mother says. “Can you imagine being undocumented? We were very lucky,” Xaviera adds.

Watching videos of immigration agents separating families in recent months has been particularly difficult for Ms. Kengmeni and Mr. de Paul Silatchom. “I can’t imagine what it’s been like for these children who go to school in the morning knowing they might come home at the end of the day to no parents,” Ms. Kengmeni says.

This year, Christmas break involves running around to pack for Chris’s semester abroad and attending three Christmas Masses, but the family is grateful to be all together, even if it’s for just a few days. They know they are the lucky ones.

Forty percent of Fortune 500 companies were founded or co-founded by immigrants or the children of immigrants. Watching Ella, Chris and Xaviera, I’d bet good money that they will join those ranks of these world-class leaders. But the question I find myself asking as I leave their school: Who are the young women the Trump administration is currently keeping out?

CHRISTMAS 2017: Pope Francis Makes Migrants’ Humanity, Plight, Rights Focus Of Christmas Message To World’s Christians!

https://www.huffingtonpost.com/entry/pope-christmas-eve-migrants_us_5a4025cfe4b025f99e17c35b

Phillip Pullella reports for HuffPost:

“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”

“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.

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

Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.

PWS

12-26-17

TAL @ CNN: TRUMP GOP’S WHITE NATIONALIST AGENDA IMPEDES DREAMER NEGOTIATONS! (Plus, Extra Bonus : “Quadruple Header” From Tal!)

http://www.cnn.com/2017/12/18/politics/trump-administration-immigration-hardline/index.html

“Trump fully embraces far right immigration playbook

By: Tal Kopan, CNN

President Donald Trump and his administration have been sending a message in recent weeks: Trump’s campaign rhetoric on immigration was not just talk. In fact, it was just the beginning.

Trump has never shied from his attacks on illegal immigration, which, alongside a US-Mexico border wall, was a core component of his campaign.

But doubts existed about his commitment level, as some of the more aggressive proposals considered by the administration languished in bureaucratic morass and as he said strongly favorable things about recipients of the Deferred Action for Childhood Arrivals program in September as he opted to end it.

RELATED: DACA negotiations reach critical week

Of late, however, Trump and the administration have upped their rhetoric on immigration.

Trump has railed in several instances against “chain migration” and lotteries for green cards. His administration is moving to alter a program for the spouses of high-skilled visa holders. And the White House and Congress remain far apart on how to address DACA.

In mid-September, Trump wrote, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?”

But since then, he has insisted on controversial immigration reduction proposals that would have a hard time passing even among some Republicans, including drastically cutting the overall number of green cards given out annually and transforming the way they are given out, placing a heavy emphasis on only highly skilled, English-speaking immigrants and not low-skilled individuals.

Groups that have long advocated for reducing overall immigration are energized.

“We’re excited about how the administration has held firmly to these issues,” said Dan Stein, president of the Federation for American Immigration Reform. “We’ve put almost $1 million into ads. … This is the moment we’ve been waiting for four decades.”

Stein was especially pleased with Trump’s recent insistence that any deal to save DACA, which protected young undocumented immigrants brought to the US as children, include cuts to family-based immigration, or “chain migration,” and the diversity visa program, which allows up to 50,000 individuals from countries with low levels of immigration to the US to come on visas distributed by lottery.

Chain migration focus

The administration also was quick to point out that two recent terrorist attacks in New York City were committed by individuals with connections to family-based migration and the diversity lottery.

“You think the countries’ giving us their best people?” Trump said Friday in a speech to law enforcement personnel. “No. What kind of system is that? They come in by lottery. They give us their worst people, put them in a bin, but in his hand when he is picking them is really the worst of the worst.”

The theme of the dangers of immigrants — despite no research showing them to be more prone to crime than the native-born population — has been particularly hammered by longtime immigration hardliner Attorney General Jeff Sessions.

“If we accept lawlessness, then we encourage lawlessness. When people break our laws without consequences, we shouldn’t be surprised when they continue breaking our laws,” Sessions said in a speech last week. “We should give priority to those who are likely to thrive here — such as those who speak English or are highly skilled — not someone chosen at random or who happens to be somebody’s relative.”

In reality, individuals in those countries are selected randomly but still must meet the security and eligibility requirements placed on all immigrants to actually get their visas. Diversity recipients specifically must also have at least a high school education or equivalent and job experience. The process includes an in-person interview, and anyone that is found to be a security threat would be inadmissible to the US.

While the diversity lottery only affects about 50,000 of roughly 1 million green cards given out to the US annually, Trump has supported legislation from two GOP senators that would drastically reduce family visa categories, cutting yearly numbers in half.

The administration has also made its own efforts to reduce immigration levels without Congress, including setting a historically low number of refugee admissions for next year, instituting the travel ban and submitting would-be visitors and immigrants to “extreme vetting.”

Late last week, the Department of Homeland Security revealed it intends to do away with work permits for spouses of high-skilled visa holders who are waiting in a years-long green card backlog. The announcement also said the agency intends to set a higher bar for the high-skilled visa itself.

New Homeland Security Secretary Kirstjen Nielsen spent last week establishing her hardline immigration bona fides, touting security at the border and attacking sanctuary cities and immigrant-related crime. Her tour came after weeks of broadsides from Trump-aligned sources like Breitbart, which had pejoratively nicknamed her “Lady DACA.”

Leon Fresco, an immigration attorney and Obama administration alum, said that while there may be some fraud in the immigration system, the Trump agenda goes beyond reasonably trying to resolve it.

“They’re not just fixing the system, they are signaling a belief that regardless of their skills and talent, people from foreign countries are not welcome,” Fresco said. “Many of these reforms that are being implemented are simply out of the wishlist of the anti-immigrant groups and are not serving a legitimate purpose of reforming the immigration system. … The goal is to reduce the total number of foreigners.”

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

Right on, Leon!

DHS can use more lawyers, better technology, and some new equipment. The Dems certainly could offer up that.

The U.S. Immigration Court could use more resources. But, with “Gonzo” in charge, it’s probably a case of “throwing good money after bad.”

“The Wall” is overkill and has some bad symbology. But, in human rights terms, it’s not as overtly harmful as the other stuff on the restrictionist’s list.

The rest of the “restrictionist wish list” is pretty toxic. Don’t see how the Dems can vote for a bill that contains any of it.

For any of you who thought Tal was “easing up” on her amazing pace, here are her interesting reports on Puerto Rico:

http://www.cnn.com/2017/12/19/politics/puerto-rico-washington-equal-treatment/index.html

Puerto Rico governor calls out Washington on ‘equal treatment’By Tal Kopan, CNN

http://www.cnn.com/2017/12/19/politics/carson-nielsen-puerto-rico-visit/index.html

Carson: Puerto Rico recovery is ‘better than what I had heard’

By Tal Kopan

and Senator Lindsay Graham:

http://www.cnn.com/2017/12/18/politics/lindsey-graham-donald-trump-immigration-daca/index.html

“Graham had ‘long’ talk with Trump about immigration”

By: Tal Kopan, CNN”

Thanks for all you do, Tal!

Hope you will get some rest and relaxation over the holidays!

PWS

12-22-17

GONZO’S WORLD: JUDICIAL REBELLION – Less Than One Year Into Gonzo’s Reign at The DOJ, One of America’s Most Conservative Judiciaries Seeks Protection From His Plans to Politicize The U.S Immigration Courts!

http://www.asylumist.com/2017/12/19/immigration-judges-revolt-against-trump-administration/

Jason “The Asylumist” Dzubow writes:

“In a little noted, but quite extraordinary move, the National Association of Immigration Judges (“NAIJ”) has asked Congress to protect its members (Immigration Judges) from the Trump Administration (their employer). The reason? The Trump Administration is seeking to “evaluate judges’ performance based on numerical measures or production quotas.” According to NAIJ, “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” “Judges can face potential termination for good faith legal decisions of which their supervisors do not approve.”

EOIR is developing a more efficient way to adjudicate cases (and it comes with a free drink!).

Let’s start with a bit of background. NAIJ is a voluntary organization of United States Immigration Judges. It also is the recognized representative of Immigration Judges for collective bargaining purposes(in other words, the IJs’ union): “Our mission is to promote the independence of Immigration Judges and enhance the professionalism, dignity, and efficiency of the Immigration Courts, which are the trial-level tribunals where removal proceedings initiated by the Department of Homeland Security are conducted.”

According to NAIJ, the most important regulation governing IJ decision-making is 8 C.F.R. § 1003.10(b). This regulation requires that immigration judges exercise judicial independence. Specifically, “in deciding the individual cases before them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgment and discretion and may take any action consistent with their authorities under the Act and regulations that is appropriate and necessary for the disposition of such cases.” 8 C.F.R. §1 003.10(b).

Up until now, IJs were exempted from quantitative performance evaluations. According to NAIJ, “The basis for this exemption was rooted in the notion that ratings created an inherent risk of actual or perceived influence by supervisors on the work of judges, with the potential of improperly affecting the outcome of cases.”

The Trump Administration is now moving to change the way it evaluates IJs. The main reason for the change is the Administration’s goal of reducing the very-large backlog of cases in Immigration Court (currently, there are about 640,000 pending cases). The Executive Office for Immigration Review (EOIR – the office that administers the nation’s Immigration Courts) recently announced a plan to “transform[] its institutional culture to emphasize the importance of completing cases.” In other words, EOIR will judge its judges based–at least in part–on the number of cases completed.

NAIJ has called this development “alarming” and a threat to judicial independence. Why? Because when judges are forced to complete a certain number of cases, they may be unable to devote the necessary time to each case. As a result, the ability to make proper, well-thought-out decisions will suffer.

This is already a problem in Immigration Court. One IJ famously quipped that his job involved adjudicating death penalty cases in a traffic court setting. And so pushing judges to do more cases in less time will potentially impact the alien’s due process rights, and the integrity of our Immigration Courts.

NAIJ has long believed that the system needs a “structural overhaul” and has advocated for converting the Immigration Courts into Article I courts. Article I refers to the first article in the U.S. Constitution, the section on legislative (i.e., Congressional) powers. The idea is that Congress would establish an independent immigration court, much like it created a tax court and a court of veterans appeal. Such a court would be independent of the Executive Branch–the branch of government tasked with enforcing immigration law (currently, IJs are employees of the Department of Justice, a part of the Executive Branch).

NAIJ recognizes that creating Article I immigration courts “may not be feasible right now,” but it nevertheless urges Congress to protect the nation’s IJs from the new Trump Administration policy:

Congress can… easily and swiftly resolve this problem through a simple amendment to the civil service statute on performance reviews. Recognizing that performance evaluations are antithetical to judicial independence, Congress exempted Administrative Law Judges (ALJs) from performance appraisals and ratings by including them in the list of occupations exempt from performance reviews in 5 U.S.C. § 4301(2)(D). This provision lists ALJs as one of eight categories (A through H) of employees who are excluded from the requirement of performance appraisals and ratings. To provide that same exemption to Immigration Judges, all that would be needed is an amendment to 5 U.S.C. § 4301(2), which would add a new paragraph (I) listing Immigration Judges in that list of exempt employees.

The fact that IJs themselves are concerned about the Administration’s move is worrying. The Immigration Judges I know are conscientious and take their jobs very seriously (in contrast to the Trump Administration, which seems utterly lacking in seriousness). If EOIR is making it more difficult for IJs to do their duty, as they understand it, then something is clearly wrong.

Perhaps the IJs’ concerns are overblown. Maybe EOIR will implement the new case completion standards in a way that does not damage judicial independence or due process. But given the Administration’s track record in general, and the inexperienced acting director appointed to head EOIR, it’s difficult to have much confidence in the new policy. Since Congress is unlikely to act on NAIJ’s request for protection, I suppose we will see soon enough how these changes affect the Immigration Courts.

Finally, in my opinion, EOIR has largely misdiagnosed the problem. While some delay may be caused by IJs kicking the can down the road, or by aliens “playing” the system, most delay is systematic–it is caused by reshuffling Administration priorities, which affect how DHS and DOJ schedule cases. I doubt that imposing numerical quotas on IJs will do much to improve the situation. Other solutions–facilitating pre-trial conferences, reforming the Master Calendar system, better use of technology, imposition of costs, premium processing for certain applicants–might be more effective. Everyone agrees that reducing the backlog is a worthy goal, but case completion requirements are probably not the best way to achieve that end.”

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

“Extraordinary” to be sure! Folks, this isn’t the Ninth Circuit or even the Seventh, Second, or Fourth Circuit, all of which from time to time have “stood tall” for the Due Process rights of migrants.

For those unfamiliar with the process, the U.S. immigration Court is a “captive Administrative Court” functioning as part of the U.S. Department of Justice (“DOJ”) rather as an independent judiciary established under Article III or Article I of the U.S. Constitution.

For the past 17 years, the DOJ (with the exception of an ill-fated move by the Bush II Administration to hand out Immigration Judgeships as political rewards to their faithful) has gone out of its way to insure that those selected as Immigration Judges have a record demonstrating a “commitment to achieving agency priorities.” Translated from bureaucratese, that means that they understand the DHS immigration enforcement objectives and will not “rock the boat” by expanding or recognizing any new rights for migrants unless given permission to do so by the DOJ or DHS.

Not surprisingly, this has resulted in a judiciary where the overwhelming number of new U.S, immigration Judges appointed since 2000 — nearly 90% — come from “safe” government backgrounds, primarily from the DHS. Moreover, no “Appellate Immigration Judge” (or, “Board Member”) at the BIA has been appointed directly from outside the U.S. Government since the pre-21st Century “Schmidt Era” at the BIA. (For “EOIR trivia buffs,” the last two outside appointments to the BIA in 2000 were the late Hon. Juan P. Osuna and the Hon. Cecelia M. Expenoza who was exiled along with me and others during the “Ashcroft Purge” of 2003.)

So, we’re dealing with a basically conservative, government-oriented judiciary of “non-boat rockers” who mostly achieved and retained their present judicial positions by “knowing and doing what the boss wanted” and making sure that any “deviations” were within limits that would be tolerated.

Yes, it’s OK to grant some asylum cases, particularly from Africa or the Middle East, over DHS objections; but “watch out” if you start granting lots of asylum to folks from the Northern Triangle or Mexico for whom the big “NOT WELCOME SIGN” has been hung out by the last three Administrations, or if you accept any new “particular social groups” which Administrations tend to view with fearful eyes as potentially “opening the floodgates” of protection to those who sorely need and can easily access it (in other words, to those whom the Geneva Refugee Convention actually was intended to protect.)

So, this isn’t a judiciary that normally would be expected to “buck the system.” Indeed, although the world has probably never been worse for refugees since World War II, the Immigration Courts seem to have inexplicably but dutifully reduced asylum grants since the clearly xenophobic, anti-refugee, and anti-asylum Trump Administration assumed office and Gonzo began delivering his anti-asylum, anti-lawyer, anti-immigrant rants.

Therefore, the threat to the limited judicial independence that U.S. Immigration Judges possess under the regulations (which haven’t prevented occasional “reassignments” for ideological or political reasons in the past) has to be presumed both real and immediate to prompt this group to take the risky action of publicly seeking protection. After all, Gonzo could potentially “retaliate” by further limiting the judges’ authority, further jacking up the already astronomically high stress levels under which the judges operate, or “reassigning” “unreliable” judges to more mundane or unattractive positions within the DOJ (sometimes known as “hallwalker” positions).

It’s definitely a further sign of an unhealthy judicial system on the verge of collapse. Before that happens, and 650,000+ additional cases spew forth into other parts of our justice system, it would be wise of Congress to make at least some immediate reforms to preserve independence and due process within the U.S. immigration Courts.

I also agree with Jason that attorneys and respondents are not the major problem driving uncontrolled backlogs in the U.S. immigration Courts. No, it’s all about “Aimless Docket Reshuffling” (“ADR”) generated by EOIR itself at the behest of its political handlers at the DOJ.

But, I don’t agree with Jason’s statement that EOIR has merely “misdiagnosed” the problem. No, EOIR and DOJ know exactly what the problem is, because they created it (egged on, no doubt by DHS and sometimes the White House).

Gonzo and EOIR are intentionally misrepresenting and misusing data to hide the truth about how screwed up the system has become because of the DOJ’s toxic combination of administrative incompetence with improper political and enforcement motives. In other words, DOJ is attempting to cover up its own “fraud, waste, and abuse” of public funds.

Even worse, and more reprehensible, Gonzo is attempting disingenuously to shift the blame to respondents and their overworked attorneys who are more often than not the actual victims of the scam being pulled off by the DOJ as part of the Trump Administration’s xenophobic, White Nationalist campaign to reduce the precious rights of asylum seekers and others. We can’t let him get away with it!

JUST SAY NO TO GONZO!

PWS

12-21-17

POLITICO: Agreement On Dreamer Relief Still Likely, But Not This Year!

https://www.politico.com/story/2017/12/19/senate-white-house-trump-lay-groundwork-for-daca-deal-30

SEUNG MIN KIM, HEATHER CAYGLE and ELANA SCHOR 12/19/2017 08:40 PM EST
Top senactors and White House officials are laying the groundwork for a major immigration deal in January to resolve the fate of young undocumented immigrants whose legal protections were put in limbo by President Donald Trump.

At a Tuesday afternoon meeting with nearly a dozen senators deeply involved in immigration policy, White House chief of staff John Kelly pledged that the administration will soon present a list of border security and other policy changes it wants as part of a broader deal on so-called Dreamers, according to people who attended the meeting. The plan could come in a matter of days, senators said.

About a half-dozen senators have been negotiating a bipartisan package prompted by Trump’s decision to kill the Deferred Action for Childhood Arrivals program, an Obama-era executive action that granted work permits to nearly 800,000 undocumented immigrants who came here as minors. Yet the senators could not fully flesh out a deal before they knew what Trump was willing to sign.

“We couldn’t finish this product, this bill, until we knew where the administration was,” Sen. Jeff Flake (R-Ariz.), who has been negotiating a DACA compromise for weeks, said in an interview after the meeting with Kelly. “And that’s why this meeting was so important.”

Congressional Republicans and the White House have long said any DACA deal would need to be paired with security and other enforcement measures. Democrats say that’s fine as long as the provisions weren’t too onerous. But the border security question has been a sticking point for weeks, as senators swapped proposals without cutting a deal, so far.

And while liberal Democrats and grass-roots activists are pressuring Congress to enact permanent legal protections for Dreamers this year, both Democrats and Republicans at the meeting with Kelly said there was a consensus that legislation wouldn’t pass before lawmakers leave Washington. It was one of the clearest sign yet that a Dreamers agreement won’t, to the chagrin of liberals, come before 2018.

“Our belief is that if this matter is not resolved this week — and it’s not likely to be resolved — that come the omnibus and the caps, that we have another chance to finally come up with a bipartisan package of things to include” by mid-January, said Sen. Dick Durbin (D-Ill.), who also attended the meeting. “The closer we get [to the March deadline], the more nervous I get, not to mention the way these young people feel. I’m sorry that it’s taken this long.”

Flake said he believes he has a commitment from Senate Majority Leader Mitch McConnell (R-Ky.) to hold a cloture vote on the floor on an immigration deal by mid-January, before the next likely deadline to fund the government, Jan. 19.

A spokesman for McConnell did not immediately return a request for comment. But the majority leader said during a Fox News interview that he has talked about the immigration issue with his counterpart, Senate Minority Leader Chuck Schumer of New York.

“No, we’ll not be doing DACA … this week,” McConnell said. “That’s a matter to be discussed next year. The president has given us until March to address that issue. We have plenty of time to do it.”

At the Tuesday meeting, Kelly and other administration officials went into detail about how much of the southern border is currently fenced and how much more the White House would want in exchange for a DACA deal, according to people who attended.

Senators also pressed the White House on other immigration demands, such as an overhaul of the nation’s asylum system or a change in policy toward unaccompanied minors who are apprehended at the southern border, and whether they needed to be included in the current DACA talks.

“Which of those policy items, or immigration law changes, do we need to make as part of this and what can wait for something else?” Flake said, summing up the questions from senators. “There’s a lot of nice things we need to do as part of broader comprehensive reform, but we need to have a bill in January and we need to know what has to be in it and what the administration will support.”

The bipartisan group of senators — Flake and Durbin, Michael Bennet (D-Colo.), James Lankford (R-Okla.), Thom Tillis (R-N.C.), Lindsey Graham (R-S.C.) and Cory Gardner (R-Colo.) — has discussed a legalization plan that would marry the DREAM Act, drafted by Durbin and Graham, with a more conservative proposal for Dreamers written by Tillis and Lankford, Flake said.

Those seven senators attended Tuesday’s meeting with Kelly, as did Senate Majority Whip John Cornyn (R-Texas), and Republican Sens. Tom Cotton of Arkansas and David Perdue of Georgia.“I think what we’re trying to do is to get some clarity from the administration on what they require by way of border security and other enforcement measures,” Cornyn said as he left the meeting. “We got a promise to provide it to us and hopefully we’ll get that in short order. Maybe even this week.”

Republicans’ commitment to taking up a DACA deal next month won’t spare Democrats the fury of liberal groups that have demanded that any spending bill this year include a solution for Dreamers.

Democratic leaders have signaled that they won’t risk a government shutdown this month to secure relief for the Dreamers, though some lawmakers have vowed to withhold their votes for any must-pass funding measure without an immigration fix.

Durbin, the influential second-ranking Senate Democrat, is firmly in the camp of senators who won’t vote for a spending bill without help for Dreamers. That group also includes liberal Sens. Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.), Kirsten Gillibrand (D-N.Y.), and Elizabeth Warren (D-Mass.).

Durbin was asked by reporters Tuesday if there was a divide between him and Schumer over where to draw the line on the issue, and acknowledged that there “may be.”

Schumer, for his part, put Republicans on notice Tuesday that they shouldn’t count on Democratic votes for a short-term funding package that includes just some of Democrats’ priorities — such as children’s health insurance — while leaving immigration for next year.

In the House, lawmakers, including several in the Congressional Hispanic Caucus, privately say they don’t see a path to secure a legislative fix for Dreamers before the end of the year. They acknowledge that the sides are now positioning themselves for a fight in January.

House Minority Leader Nancy Pelosi (D-Calif.) touched on dynamics during a private leadership meeting Monday night.

“We need to stick [together] and show that they need us,” said one Democratic member with knowledge of the strategy going into January. Republicans “are not going to be able to keep going on with the CRs. … Then we’re at an inflection point in January.”

That hasn’t stopped some members from making a last-ditch effort to reach a bipartisan agreement, in hopes Democrats can use it as leverage in the House if Republicans need their votes to pass a short-term funding bill later this week.

“I believe that my leadership is gonna close the deal and I have to believe that,” said CHC Chair Michelle Lujan Grisham (D-N.M.), noting she’s canceled all Christmas travel to stay in Washington and work on a legislative fix.

Reps. Will Hurd (R-Texas) and Pete Aguilar (D-Calif.) are behind one effort that would pair a proposal similar to the DREAM Act with border security, according to several members.

And the Problem Solvers Caucus, a bipartisan group of 48 moderate Democrats and Republicans, is preparing to publicly embrace a specific proposal in the next day or two. A subset of the group has been working for weeks to hammer out an agreement and the entire caucus planned to meet again Tuesday night.

“There’s certainly scenarios where this could get done this week. I’m not an expert on how all these pieces could unfold,” said Rep. Josh Gottheimer (D-N.J.), a co-chairman of the group. “But everything is clearly on the table, which is why we think it’s important we move and move quickly here.”

Cristiano Lima contributed to this report

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

Ironically, as I’ve pointed out before, the controversial “Border Wall” seems to be the least overtly harmful to humans and the long-term interests of the US of the various unnecessary enforcement measures the GOP has put out there in negotiations. Yeah, it is a waste of money, a boondoggle for certain contractors, and makes us look like a nation of scared nincompoops.

But, ending normal family migration (or as GOP White Nationalists pejoratively have termed it “chain migration”), funding the “New American Gulag,” and/or providing more unneeded agents for the Trump-Sessions-Bannon “American Gestapo” all will do much more long-term damage to actual human beings and to the economic future and social fabric of our country,

Perhaps, at some better time in the future, we could pay a diverse group of native and immigrant workers to tear down “The Wall” as part of our gala Fourth of July celebration on TV. Or, it could work as part of the celebration of the birthday of President Ronald Reagan. Or, we could implode The Wall on national TV.

PWS

12-20-17

“GANGDOM” THRIVES IN VIEW OF CAPITOL — Michael E. Miller and Dan Morse @ WashPost Tell The Shockingly Ugly “Inside Story” Of How Gangs Terrorize The Undocumented Community In Langley Park, MD! — The Trump/Sessions “Gonzo” Approach To Immigration Seems Likely To Make Things Even Worse!

https://www.washingtonpost.com/local/people-here-live-in-fear-ms-13-menaces-a-community-seven-miles-from-the-white-house/2017/12/20/6cebf318-d956-11e7-b859-fb0995360725_story.html

Miller & Morse write:

‘People here live in fear’: MS-13 menaces a community seven miles from the White House
By Michael E. Miller and Dan Morse December 20 at 8:00 AM

Abigail Bautista, 34, of Langley Park, Md., describes what MS-13 did to her and then to her son. “People here live in fear,” she said. (Sarah L. Voisin/The Washington Post)
It took Abigail Bautista less than a month of living in Langley Park to learn that her new neighborhood in Maryland had its own set of laws, written not in statutes but in gang graffiti and blood.

The Guatemalan mother of five was pushing a cart of merchandise along University Boulevard one winter morning in late 2012 when three young men approached.

“Do you know who we are?” one asked her in Spanish.

Bautista shook her head.

“We are La Mara Salvatrucha,” he said. “And here, there are rules.”

Pay $60 “rent” per week or there would be trouble, he said. Undocumented and afraid of being deported if she went to police, Bautista began handing over the cash.

She had heard of the international street gang growing up in Central America, where MS-13, as it’s known, controls cities through brutality and corruption. But she had lived for the better part of a decade in the United States without crossing its path.

Now, she realized, she’d unwittingly moved into MS-13 territory a mere seven miles from the White House.

As the gang has grown in strength in recent years, so has its sway over communities across the country. From Boston to Northern Virginia to Houston, a string of grisly MS-13 murders has highlighted its resurgence, drawing a response from the White House.

“One by one, we’re liberating our American towns,” President Trump said this summer in Long Island, where MS-13 has been linked to more than a dozen recent killings.

Left out of Trump’s speeches, however, is the fact that most of the gang’s victims are not Americans but undocumented immigrants like Bautista. And when it comes to the gang’s infamous motto of “kill, rape, control,” it’s the third — enforced daily through extortion and intimidation — that defines life for some immigrants in places such as Langley Park.

“They are preying on the communities that they are living in,” said Michael McElhenny, a supervisory special agent for the FBI in Maryland.

More than a decade after a string of MS-13 killings shook the heavily Latino neighborhood, Langley Park is still struggling to shake off the gang’s influence. Despite aggressive policing, the area continues to be plagued by MS-13 drug dealing, prostitution, robbery, extortion and murder, according to court records and interviews with residents, activists, prosecutors and gang experts, as well as local and federal law enforcement officials.

. . . .

Federal authorities say the racketeering case and two other recent MS-13 indictments show they are serious about again dismantling the gang in Maryland. But Bautista won’t be satisfied until authorities lock up the man she suspects of leading MS-13 in Langley Park.

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Two weeks after her son’s body was found, and a few days before his vigil, she said, a letter was slipped under her door.

“If you keep talking, there will be consequences,” it warned in childlike handwriting, according to Bautista.

It was signed, she said, by the roofer.

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

Read the entire, much longer, article at the link.

One thing is clear: The gang problem isn’t going to be “solved” by having having clueless, anti-Hispanic, White Guys like Trump and Sessions uttering threats against the entire immigrant community from Washington.

No, the irony is that prosecutions and deportations, although they might rack up impressive statistics, really don’t bother gangs much. Gangs control big chunks of the prisons, both in the US and, even moreso, in the Northern Triangle. To some extent, a prison sentence is just a “temporary work reassignment.”

And, deportations: well that’s actually how the MS-13 grew, when the US deported LA gang members to El Salvador during the Reagan Administration without thinking about how to deal with the long term problem — how they would grow to control and terrorize the places to which they were being deported.

It doesn‘t take a “rocket scientist” (just someone smarter and less racist than Trump and Sessions) to figure out that the overheated anti-immigrant rhetoric that lumps gang members with generally law abiding workers and asylum applicants is a “made to order” recruitment tool for the MS-13 and other gangs.

”Trump and Sessions don’t respect you and don’t want you in America. They don’t even like the ‘good’ immigrants, so don’t waste your time on the false ‘American Dream.’ We’re you’re ‘REAL’ family that isn’t afraid of Trump, and will give you power, respect, and control, as long as you remain loyal to us. What’s Trump got to offer Hispanic youth?”

Reducing gang violence will require a nuanced, time consuming, labor intensive multi-cultural approach that:

Treats Hispanic youth, documented and undocumented, with respect and shows them they are valued by society;
Provides positive role models from the Hispanic community;
Gives youth viable alternatives to gangs;
Gains the trust of all members of the Hispanic community, whether documented or not;
Involves bilingualism, more Hispanic police officers, and potentially dangerous undocover operations in the community;
Recognizes and deals with the problems of gang control in US prisons;
Deals with the difficult question of what happens when we deport gang members back to the Norther Triangle.

With respect to the latter point, if we merely send U.S. gang members back to terrorize communities in the Northern Triangle, that will lead more terrorized community members to flee to the U.S. The cycle will continue.

The Trump Administration’s ham-handed immigration policies taken from the “White Nationalist restrictionist playbook” will likely only exaberrate the problem of gangs and gang violence in the long run.

PWS

THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!

THE GIBSON REPORT — 12-18-17

TOP UPDATES

Today Is International Migrants’ Day: 2017 Theme: Safe Migration in a World on the Move

A Day Without Migrants Campaign

OHCHR: #StandUp4Migrants videos

Honor the day with these guides to books, audio, and film:

o   Books: Give the Gift of Literary Empathy – Immigration Holiday Book Guide (full disclosure, I wrote this one)

o   Podcasts: Immigration and migration stories

o   Film: IOM and UNICEF Film Festival in New York today

White House to push merit-based immigration in new campaign

AP: The White House is embarking on a major campaign to turn public opinion against the nation’s largely family-based immigration system ahead of an all-out push next year to move toward a more merit-based structure.

Attorney General Sessions Delivers Remarks on the Administration’s Efforts to Combat MS-13 and Carry Out its Immigration Priorities: “The President has also proposed ending chain migration and switching to a merit-based system like they have in Canada and Australia. That means welcoming the best and the brightest and turning away not only terrorists, but gang members and criminals.”

TPS for Nicaragua and Honduras

Termination of the Designation of Nicaragua for Temporary Protected Status

Extension of the Designation of Honduras for Temporary Protected Status

EADs: Through operation of this Notice, your existing EAD issued under the TPS designation of Honduras with an expiration date of January 5, 2018, is automatically extended for 180 days, through July 4, 2018. You do not need to apply for a new EAD in order to benefit from this 180-day automatic extension. However, if you want to obtain a new EAD with an expiration date of July 5, 2018 on its face, you must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee in addition to filing your re-registration application (Form I-821).

LexisNexis’s Role in ICE Surveillance and Librarian Ethics

LLB: As library organizations discuss ways library professionals can advocate for intellectual freedom, democracy, and equality, we should begin by grappling with how to react when our major database providers engage in massive surveillance projects with the government.

Federal Investigation Finds ‘Significant Issues’ At Immigrant Detention Centers

NPR: Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report.

On the ground with ICE agents enforcing Trump’s immigration crackdown

ImmProf: Since President Trump took office, immigration arrests are up 42 percent. ICE estimates, nationwide, they make 400 arrests a day. ICE has arrested 37,000 undocumented immigrants without criminal records. That’s a 145 percent increase over fiscal year 2016.

Complaint Documents 15 Cases of Family Separation at the Border

AIC: Advocates filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG) on behalf of numerous families – most, if not all, who fled to the United States seeking humanitarian relief – who were separated at the U.S.-Mexico border.

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

CMS: This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS).

An HIV-Positive Gay Asylum Seeker Staged a 7-Day Hunger Strike in an ICE Detention Facility

The Nation: Protesting prolonged detention, substandard medical care, and parole denial, Jesus Rodriguez Mendoza may soon stop eating again.

Bronx man allegedly poses as Hempstead attorney, steals more than $30,000 from immigrant clients

PIX: Efrain Vargas told clients in Hempstead he would obtain immigration and residency papers for them, but never delivered on his promises, officials said. He was arrested and arraigned Wednesday for allegedly scamming immigrants.

OCC-NYC Filing Window Hours on 12/20 and 12/22

OCC: Please be advised that our reception area and filing window at 26 Federal Plaza and 201 Varick Street will be closed from 12:00-1:30pm on Wednesday, December 20th. Please be further advised that our reception area and filing window will close at 3pm on Friday, December 22nd.

ACTIONS

#GiveMateoBack: Amnesty International USA is also working to hold ICE accountable for family separation. You can find steps for a social media/letter writing campaign here.

RESOURCES

USCIS Provides Training Material on the International Religious Freedom Act and Religious Persecution

USCIS Provides Training Material on TRIG

Manhattan DA – Supp Bs – raej@dany.nyc.gov: December 2017 will be my last month at the Manhattan District Attorney’s Office. If you have pending supplement B certification request that has yet to be submitted to my office, please email the requests to me by Friday, December 22nd. We will make every effort to review each certification request and provide a response before the New Year. After December 22nd, please send all U-visa supplement B requests to Mayerling Rivera atRIVERAM@dany.nyc.gov. As with all past requests, please be sure to provide a waiver signed by your client (include your client’s date of birth and any aliases)… The body of the email should include the case indictment or docket number, name of the defendant, and/ or the case arrest number. Please keep in mind that we cannot locate cases in our system records using an NYPD complaint number.

Give the Gift of Literary Empathy – Immigration Holiday Book Guide(full disclosure, I wrote this one)

·         Podcasts: Immigration and migration stories

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

I’m a huge “Elizabeth Gibson Fan.” I’ve known Beth since she was a star student at Georgetown Law (one of the “Best Ever” of my “Refugee Law & Policy” — “RLP” — students), a terrific Legal Intern at the Arlington Immigration Court, and a spectacular Judicial Lw Clerk/Attorney Advisor at the New York Immigration Court before she was selected for the Immigrant Justice Corps (“IJC”) assigned to the New York Legal Assistance Group (“NYLAG”).

For those who don’t know, only the “best and brightest” with an overriding concern for social justice get into the IJC. Beth would excel at ANY legal job in America — “Nonprofit, “Big Law,” judging, teaching, writing, reporting, managing.

I’m inspired that with all these avenues open to her, Beth has chosen to use her “complete package” of talents to make the justice system work for the most vulnerable among us — those who have legal rights that are largely the same as all of us, but who are “bullied” and “intentionally mistreated” by our legal system (and our current Administration, in particular) in an attempt to prevent them from using and realizing those rights.

In addition to being a weekly contributor to immigrationcourtside.com, Beth has acted as a “clearinghouse” for the vast amount of information and assistance available to the legal community involved in defending the rights of migrants. She has patiently taken many referrals of reporters and lawyers. She also has found time to write articles of her own, in addition to, of course, her main mission of helping her clients.

Beth, thanks for all you do for our country, our world, the cause of justice, and making “Due Process” under our Constitution a reality (at least for some) rather than an “empty promise!” You are truly what serving in the “New Due Process Army” is all about and why, in the end, the forces of darkness threatening our country and democracy will not prevail!

PWS

12-18-17

MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

https://www.washingtonpost.com/local/immigration/watchdog-report-finds-moldy-food-mistreatment-in-immigrant-detention-centers/2017/12/15/c97b380a-e10d-11e7-89e8-edec16379010_story.html

Maria’s always “on top” of the almost daily examples of cruel, intentionally inhumane, unconstitutional, wasteful “Gonzo” Enforcement by the Trump regime. Here is some of what she reports on the deadly conditions in “NAG:”

“The inspector general for the Department of Homeland Security has criticized several immigration detention facilities for having spoiled and moldy food and inadequate medical care, and for inappropriate treatment of detainees, such as locking down a detainee for sharing coffee and interfering with Muslims’ prayer times.

Acting Inspector General John V. Kelly, who took over Dec. 1, said the watchdog agency identified problems at four detention centers during recent, unannounced visits to five facilities. The Dec. 11 report , released Thursday, said the flaws “undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.”

“Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation,” the report found, adding that observers found “potentially unsafe and unhealthy detention conditions.”

Immigration and Customs Enforcement jails tens of thousands of immigrants for civil immigration violations, holding them until they are deported or released in the United States. The jails are not supposed to be punitive, according to the report.

ICE concurred with the inspector general’s findings and said it is taking action to fix the problems, some of which have already been addressed.

“Based on multi-layered, rigorous inspections and oversight programs, ICE is confident in conditions and high standards of care at its detention facilities,” the agency said in a statement. “To ensure the safety and well-being of those in our custody, we work regularly with contracted consultants and a variety of external stakeholders to review and improve detention conditions at ICE facilities.”

The Office of Inspector General said it launched the surprise inspections after receiving complaints from immigrant advocacy groups and on its hotline about treatment of detainees. The inspectors also interviewed staff members and detainees and examined records.

Advocates for immigrants said the report reaffirmed their long-standing calls for the detention facilities to be closed. Advocates have complained about reports of physical and sexual assaults, deaths in detention and other concerns for years under past presidents — and say their worries are increasing under President Trump.

Trump has pledged to dramatically increase deportations and is seeking congressional approval for more than 51,000 detention beds this fiscal year, up from about 30,000 under President Barack Obama.

Trump’s pick for the permanent director of ICE, Thomas D. Homan, previously ran the ICE detention system.

“The realities documented by the OIG inspectors, and many more, are endemic to the entire detention system,” Mary Small, policy director at Detention Watch Network, a nonprofit group that monitors immigration detention, said in a statement. “ICE has proven time and time again to be incapable of meeting basic standards for humane treatment.”

In a statement, Azadeh Shahshahani, legal and advocacy director of Project South, in Atlanta, cited the death in May of Jean Jimenez-Joseph. The 27-year-old Panamanian national was held in solitary confinement for 19 days at the Stewart Detention Center in rural Georgia, according to Project South.

Shahshahani said his death “should have served as a final wake-up call and resulted in the immediate closure of the facility.”

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The Administration tries to hide, obscure, cover up, and bureaucratize what’s happening in the NAG. But, thanks to courageous reporters like Maria, the truth isn’t going to be suppressed. Read the rest of Maria’s report at the link.

Is this YOUR America? Is this the America you want YOUR children and grandchildren to read about and inherit?

Gee whiz, what were my parents and grandparents doing while neo-Nazis were invading the government and recreating the “Fourth Reich?”

And, when are the Article III Courts going to get some backbone to go with their lifetime sinicure and stand up for the Constitution and human decency before it’s too late? When good people stand by and do nothing, tyrants like Trump, Sessions, Homan, Bannon, and their corrupt supporters will have their way!

Tell your legislators:

NO to Tom Homan as ICE Director;
NO to funding for the NAG;
NO to funding DOJ’s corrupt defense of the NAG and Gonzo Immigration Enforcement;
NO to additional unneeded DHS Enforcement agents;
YES to legislative and criminal investigations of the unconstitutional activities of Gonzo, Nielsen, Homan, and their cronies and the human rights abuses they are knowingly creating by misusing the immigration laws;
YES to “Dreamer Relief” with “no strings attached;”
YES to immigration reform that legalizes law-abiding residents already here and provides additional legal visas for the future to end the “false criminalization” of needed workers and refugees!

Stand up for America as a Nation of Immigrants — Stand up for human decency — Stand against Trump, Nielsen, Sessions, Homan, Bannon, Miller and the other neo-Nazis promoting the NAG!

PWS

12-18-17

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