DOUG JONES “THEORETICALLY” WOULD HAVE “JUST SAID NO” TO GONZO AS AG — “too harsh on voting rights and criminal-justice issues!” — So What Else Is New?

https://www.washingtonpost.com/news/powerpost/wp/2017/12/15/doug-jones-eager-to-speak-for-the-south-embraces-the-spotlight/

David Weigel reports for the Washington Post:

“Doug Jones, weeks away from taking office as Alabama’s first Democratic senator since 1996, is not done talking about his win. On Wednesday, as national TV cameras rolled, he spent 26 minutes talking about his goals for 2018. On Thursday, he talked to the hosts of “Pod Save America” — a tastemaking podcast for liberals — about how he won. And on Sunday, he will be interviewed by Chris Wallace on Fox broadcast channel, and the show will be repeated later in the day on Fox News — a cable channel on which many Democrats refuse to appear.

So far, Jones has not made much news since his victory, ducking the Democratic fight over whether he should be seated in time to cast a vote on the GOP tax bill. (“We’ve still got a process in Alabama that we have to go though,” he said on “Pod Save America.”) He’s said more about how he won — as a “kitchen table” pragmatist and critic of Republican policy — and his hope that the South’s Republican dominance may start to crack.

“I believe we are on the road to having a competitive two-party state,” Jones said at Wednesday’s news conference.

Jones had been talking like that for months, though rarely before a national audience, and not in stump speeches. But as Republicans knew, and as they failed to exploit Tuesday, Jones did not run as a conservative and rarely took the Trump administration’s side on key issues. Most of Jones’s television ads, especially in the last month, portrayed the election as a choice between a Democrat who could “work with anybody” and a Republican who would engage in futile, embarrassing grandstanding.

In interviews, however, Jones often spoke of a different choice for Alabama — whether they wanted to send a new representative of the Deep South to the national stage. In an August interview with The Washington Post, before much national attention had driven toward his campaign, Jones said he would have theoretically opposed Jeff Sessions’s nomination for attorney general. He rattled off the reasons: Sessions was too harsh on voting rights and criminal-justice issues.”

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Read the rest of the article at the link.

Jones might have added “bigot, racist, xenophobe, White Nationalist, homophobe, Islamophobe, bully, liar, theocrat, sexist, and “D-grade legal mind,” to the reasons. But, we get the point. Even in Alabama, Sessions’s obvious bias, retrograde views, and general lack of qualifications for high office were well known.

In other words, if you remove the pedophelia, the ridiculous leather vest, poor little pony, waving pistol, and totally obnoxious wife, then “Gonzo” is “Ayatollah Roy.”

Unfortunately,  Gonzo has been able to do even more damage to our country, our Constitution, and our future (e.g.,our “Dreamers“) as an appointed official than he was in the Senate (perhaps because he was so, well, “Gonzo,” that even in his own party nobody took his “parallel universe” 1950’s segregationist view of America seriously). Probably happy enough to get rid of him as a colleague, the GOP inflicted him on the entire nation!

But, the majority of Americans who don’t believe in Gonzo’s “Apocalyptic Vision” don’t  have to put up with this travesty indefinitey. Hopefully, working with colleagues on both sides of the aisle, and drawing on the abysmal record of “Gonzo in action,” Doug Jones will be able to use “the system” to work cooperatively with others to remove the  most stunningly unqualified Attorney General since John Mitchell from office.

We can all hope.

PWS

12-15-17

NPR: INSIDE THE TRUMP-SESSIONS – NIELSEN “AMERICAN GULAG” – DHS INTERNAL REPORT FINDS CRUEL, INHUMAN, LIFE-THREATING CONDITIONS ARE WIDESPREAD – 4 OF 5 (80%) OF PRISONS STUDIED “FLUNK” MINIMUM STANDARDS – WHY AREN’T THE CABINET OFFICIALS & SENIOR EXECS WHO ARE “DOUBLING DOWN” ON THESE UNLAWFUL PRACTICES IN PRISON THEMSELVES (OR AT LEAST BEING SUED IN COURT FOR ORDERING CLEARLY UNCONSTITUTIONAL ACTIONS)!

https://www.npr.org/sections/thetwo-way/2017/12/14/570984026/federal-investigation-finds-significant-issues-at-immigrant-detention-centers

Richard Gonzales reports for NPR:

“Updated Dec. 15

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.

The “concerns” about the treatment of detained immigrants in facilities in California, Georgia, New Jersey and New Mexico is summarized in a report issued by the Inspector General’s Office of the Department of Homeland Security.

As NPR’s Joel Rose reports,

“The findings are similar to those of outside groups that have alleged ‘extensive’ human rights abuses at ICE detention centers.

“The inspector general’s report comes as the Trump administration is asking Congress for funding to expand the immigration detention system.

“ICE says some of its existing facilities are short-staffed. And the acting director has agreed to the report’s recommendations.”

The report was based on inspections of five detention facilities, four of which failed to meet certain federal standards, although “not every problem was present in all of them.”

The report summarized the results of the inspections:

“Upon entering some facilities, detainees were housed incorrectly based on their criminal history. Further, in violation of standards, all detainees entering one facility were strip searched. Available language services were not always used to facilitate communication with detainees. Some facility staff reportedly deterred detainees from filing grievances and did not thoroughly document resolution of grievances. Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation. Finally, we observed potentially unsafe and unhealthy detention conditions.

Detainees … reported long waits for provision of medical care, poor conditions in bathrooms and insufficient hygiene supplies. OIG inspectors also observed expired, moldy, and spoiled foods in the kitchen in four facilities.”

The report also recommends that ICE improve its oversight of detention facility management and operations. In an official response, ICE concurred with the findings and promised to strengthen oversight and improve overall conditions.

Critics of President Trump’s immigration policies say the findings are not new as they predate the current administration.

A 2015 report by the National Immigrant Justice Center questioned ICE’s ability to oversee the detention centers it uses.

In a statement on the 2017 report, the Center’s Executive Director Mary Meg McCarthy said:

“ICE’s inability to provide for the safety and health of the tens of thousands of immigrants in its custody has been documented for years. Today, we are calling on Congress to demand accountability and drastically reduce ICE’s detention budget.

“While the Inspector General’s report provides documentation of extensive abuses, its remedy is incredibly insufficient: it directs ICE field office directors to review the areas of concern. We know from earlier directives that ICE’s internal review processes fail to generate meaningful change.”

The Women’s Refugee Commission said the report is consistent with what the organization and its partners have “documented for years” from visits to ICE detention facilities as well as with research it has conducted over 20 years. Katharina Obser, senior program officer at WRC said in a statement:

“This week’s OIG report spells out what WRC and our partners have documented for years, making clear the critical need for greater oversight and reform. Instead, the  Trump administration is intent on lowering or eliminating standards for immigration detention – putting detainees’ lives at risk – all while promising to ramp up detentionon a grand scale. As Congress continues to debate DHS FY 18 appropriations, the OIG’s findings show that now is not the time to expand a detention system that ICE is not capable of effectively and safely running. Detention must be reduced and, where needed, humane alternatives to detention, implemented in its place.”

Three years ago, the Department of Homeland Security Inspector General’s office reported on a series of unannounced visits to detention centers for unaccompanied children. The inquiry found evidence of inadequate food, temperature control problems and inconsistent employee-to-detainee ratios.”

**********************************
These are hardly “new” developments! So, why are Sessions and his DHS “stooges” “doubling down” on detention of non-crimninal aliens in private facilities, rather than fixing these  life-threatening, unconstitutional conditions first. Sounds like clear Civil Rights violations to me. Why isn’t the DOJ’s Civil Rights Division “all over this like a cheap suit?” The answer to that is pretty obvious: They would have to prosecute  their boss for knowingly creating and furthering these conditions. All part of his “Gonzo deterrence strategy.” What if it were a member of YOUR family being held in inhumane conditions like these?
The solution?” Simple:  Let the non-dangerous immigrants (about 98% of them) out; put Sessions, Nielsen, Homan, and Miller in prison until the problems are fixed. Now THAT would finally be a use of detention that would have some real and appropriate deterrent value!
The true “rule of law” won’t be “restored” to America until “Gonzo” Sessions is removed from office.
PWS
12-15-17

TIS INDEED THE “SEASON OF MIRACLES” — I WOKE UP THIS MORNING AND FOUND MYSELF IN COMPLETE AGREEMENT WITH CHARLES KOCH!

https://www.washingtonpost.com/opinions/congress-must-act-on-the-dreamers/2017/12/14/3dc0ab98-e053-11e7-bbd0-9dfb2e37492a_story.html

From the Washington Post:

Congress must act on the ‘dreamers’


A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Dec. 5. (Jacquelyn Martin/AP)
December 14

Tim Cook is chief executive of Apple. Charles Koch is chairman and chief executive of Koch Industries.

The holidays are upon us, and families across the United States are coming together to celebrate. Yet for about 690,000 of our neighbors, colleagues and friends, this holiday season is marked by uncertainty and fear.

These are the “dreamers” — children of undocumented immigrants who are working, in countless ways, to make the United States stronger. Unless Congress acts, this holiday season might be the last one the dreamers get to spend in the country they love and call home.

We must do better. The United States is at its best when all people are free to pursue their dreams. Our country has enjoyed unparalleled success by welcoming people from around the world who seek to make a better life for themselves and their families, no matter what their backgrounds. It is our differences that help us to learn from each other, to challenge our old ways of thinking and to discover innovative solutions that benefit us all. To advance that prosperity and build an even stronger future, each successive generation — including, today, our own — must show the courage to embrace that diversity and to do what is right.

We have no illusions about how difficult it can be to get things done in Washington, and we know that people of good faith disagree about aspects of immigration policy. If ever there were an occasion to come together to help people improve their lives, this is it. By acting now to ensure that dreamers can realize their potential by continuing to contribute to our country, Congress can reaffirm this essential American ideal.

This is a political, economic and moral imperative. The sooner Congress resolves this situation — on a permanent basis — the sooner dreamers can seize the opportunity to plan their lives and develop their talents.

This extraordinary set of circumstances has brought the two of us together as co-authors. We are business leaders who sometimes differ on the issues of the day. Yet, on a question as straightforward as this one, we are firmly aligned.

As a matter of both policy and principle, we strongly agree that Congress must act before the end of the year to bring certainty and security to the lives of dreamers. Delay is not an option. Too many people’s futures hang in the balance.

Both of our companies are fortunate to have dreamers on our teams. We know from experience that the success of our businesses depends on having employees with diverse backgrounds and perspectives. It fuels creativity, broadens knowledge and helps drive innovation. For our nation to maximize progress and prosperity, we need more, not fewer, talented people at the table.

Another foundation of our country’s success is our consistent and equal application of the law. In a free nation, individuals must be able to trust that when our government makes a promise, it is kept. Having laws that are reliable is what gives people the confidence to plan their futures and to invest in their businesses, their communities and themselves.

The United States should not hold hard-working, patriotic people hostage to the debate over immigration — or, worse, expel them because we have yet to resolve a complex national argument. Most Americans agree. In fact, more than 8 in 10 Americans support a straightforward solution to allow dreamers to stay.

No society can truly flourish when a significant portion of its people feel threatened or unable to fulfill their potential. Nor can it prosper by excluding those who want to make positive contributions. This isn’t just a noble principle; it’s a basic fact, borne out through our national history.

Dreamers are doing their part. They have shown great faith in the United States by coming forward, subjecting themselves to background checks, and submitting personal and biometric data.

Now, the rest of us need to do our part. Congress should act quickly, ideally before year’s end, to ensure that these decent people can work and stay and dream in the United States. As a nation, we must show that the dreamers’ faith in our word and goodwill was not misplaced. And we should make clear that the United States welcomes their contributions as part of our national life.

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

I agree with every word.

My only question: Why are Ol’ Charlie and his bro David (the “Koch Bros”) bankrolling a GOP that has been taken over by repulsive, dishonest, backward looking, fundamentally dumb, anti-American guys like Trump, Sessions, Bannon, Miller and their racist, White Nationalist, xenophobic, homophobic, religiously intolerant, exclusionary agenda of hate, fear, and loathing, which if followed to its logical conclusion, would destroy America and quite possibly the world?

Even though the Koch Bros are White, many of the employees they depend on to maintain their billionaire status aren’t White, Christian, straight, or U.S. citizens. They have no place in the Trump GOP’s vision of America. Trump and his band wouldn’t exempt the Koch Bros from their planned Armageddon just because of their Whiteness or past services to the party.

So, why keep supporting these heinous individuals and their anti-American agenda? The only reason we have this problem is because a minority of voters with incredibly poor judgement and total disregard for the common good, in an intentionally gerrymandered America, voted for the absurdly unqualified Trump rather than the clearly more qualified candidate. And, if the Kochs had supported Clinton, America would be closer to the place that Charlie Koch and Tim Cook describe in their article. Indeed, the whole costly, divisive, and totally unnecessary self-created “Dreamer Disaster” need never have occurred. What do you expect when you enable a racist xenophobe like Jeff Sessions (who doesn’t know much, if any, law either) to serve as our Attorney General?

At some point, decent folks (and, I’d be willing to admit the Kochs into that company even if I don’t agree with them on most things) who believe in America have to either 1) support Democrats, or 2) form an honest Third Party that excludes the White Nationalist haters. Today’s GOP is not that party.

Realizing that I actually have a fundamental area of agreement with the Koch Bros makes their overall conduct all the more inexplicable.

PWS

12-14-17

TWO NEW FROM TAL@CNN: 1) Will “Radical Moderation” Be The Next Great Political Movement? – 2) How Will Dems Negotiate The DACA Endgame?

Here’s what Tal has to say:

1) Will “Radical Moderation” Be The Next Great Political Movement?

http://www.cnn.com/2017/12/14/politics/congress-moderate-republicans-revenge/index.html

Can moderates get their revenge on DACA?

By: Tal Kopan, CNN

As year-end funding decisions loom, a familiar pattern is repeating, with House conservative Republicans playing hardball to pull their colleagues to the right.

And moderates are increasingly tiring of it — especially after Tuesday’s repudiation of a candidate seen as emblematic of the GOP’s right flank in the Alabama special election.

Government funding and efforts to abolish Deferred Action for Childhood Arrivals, a popular program for young undocumented immigrants, have some moderates increasingly wondering: Why can’t we play hardball, too?

Moderate Republicans and House members in districts that are either generally competitive or which Hillary Clinton carried in the 2016 presidential election are starting to grow frustrated with the effectiveness of groups like the House Freedom Caucus in influencing legislation, often by withholding their votes as a bloc until demands are met.

“Yes,” Florida Republican Rep. Carlos Curbelo said with exasperation when CNN asked Wednesday if the time had come for centrists to borrow tactics from the far right.

“We cannot be spectators here,” Curbelo said. “Other groups have used their leverage to influence the process, and we must do so as well, especially when there are 800,000 lives which could be radically changed for the worse if we don’t take care of (DACA).”

“I think last night’s election’s going to cause a lot of people to re-think where we are and what we’re doing,” said New York Republican Rep. Pete King of Democrat Doug Jones’s victory in Alabama.

While the current focus is on passing tax reform, one Republican staffer said patience could be limited once it’s dispensed with, as vulnerable moderates are frustrated with being forced to take tough votes seen in many cases as messaging exercises to appease the conservative base.

“It’s the moderates who are going to have to run in tough elections on this sh**,” the staffer said.

But there remains skepticism that, despite the frustration, moderates can hold together as a group the way conservatives have been able to do, or are willing to stomach the tough tactics the right flank employs.

The conservative House Freedom Caucus, for example, almost tanked a procedural measure on tax reform in a public show of force on the House floor earlier this month to send a message to Speaker Paul Ryan about year-end funding.

And according to a Republican source, rumors have been building around the Capitol that the farther right lawmakers are prepared to challenge Ryan’s speakership immediately if he calls a stand-alone fix for DACA to the floor.

Nearly three dozen moderates, on the other hand, sent a carefully worded letter to Ryan urging him to move on a fix for DACA, which protects young undocumented immigrants brought to the US as children, by the end of the year, without making any concrete threats to withhold any votes on government funding.

Curbelo has committed to oppose government funding without clear progress toward a DACA fix, and is urging fellow Republicans to do the same.

Pennsylvania Rep. Charlie Dent, a moderate Republican who has decided to not seek reelection, said he agreed with Curbelo that a DACA fix should go on an upcoming must-pass bill, though it could potentially be in January.

“The power of 25 here can force a lot of things,” Dent said, referring to the GOP margin of the majority in the House. “And Freedom Caucus has been effective at it, they can put their votes together, and we need to do that from time to time, (though) we need to pick our fights carefully.”

But one conservative Republican source noted that moderates have always had difficulty being as united as more conservative groups. That sentiment was echoed by King, who referred to the group that former House Speaker John Boehner once called “legislative terrorist(s)” as “crazies” even as he distanced himself from moderates.

“I consider myself actually a blue-collar conservative, I’m not really in the moderate wing, I’m just against some of the crazies,” King told CNN, speaking of his unsuccessful fight against the GOP tax bill he sees as devastating for his state. “It’s hard to unify everybody.”

Some moderates gave credit to the Freedom Caucus, saying their effectiveness should only be a source of inspiration.

“I don’t fault anybody for doing what they believe is best in their way of representing their district,” said Washington Rep. Dan Newhouse, who helped organize the DACA letter. “I respect that. …(But) it’s also incumbent upon me to do the same thing.”

2) How Will Dems Negotiate The DACA Endgame?

http://www.cnn.com/2017/12/14/politics/daca-likely-slip-january/index.html

Democrats wrestle with likelihood DACA slips to January

Washington (CNN)Democrats are increasingly grappling with the likelihood that Congress could push a decision on a popular immigration program into January, even as they’ve spent weeks saying it should be dealt with by the end of the year.

“To some extent, yes,” Congressional Hispanic Caucus member and Arizona Democrat Rep. Raúl Grijalva said Thursday on Capitol Hill when asked if there’s a growing realization that the issue will likely slip to January.
“Some of us are holdouts, but if you talk about reality, yeah,” he continued. “I mean, if leadership is not pushing it, they’re not holding the line with members and we have a CR that includes (children’s health funding), which is really, really important, funding for community health centers, then not seeing it before the end of the year becomes more and more precarious.”
Democrats and even some Republicans have not given up on trying to get done a deal to maintain a version of the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants brought to the US as children from deportation but which President Donald Trump has opted to terminate.
Advocates note the issue is more urgent than portrayed by the administration. More than 20,000 DACA recipients either did not renew or were rejected in the window the government offered, meaning more than 100 lose their status every day before the March 6 deadline the administration intended to set.
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But even as negotiations continue and intensify on both sides of the Capitol to reach a bipartisan compromise on the issue, the likelihood of being able to pass something by the end of the year is rapidly slipping away.
Illinois Sen. Dick Durbin, the No. 2 Democrat, hosted a meeting of the Senate negotiators on Thursday afternoon, including Republicans Lindsey Graham, James Lankford, Cory Gardner, Jeff Flake and staff from Sen. Thom Tillis. But all exiting the meeting said while negotiations progressed, no break-throughs have been reached yet. And while some wouldn’t rule it out as a possibility, none expressed much optimism it could be done by the end of the year.
“It’s starting to take form, but we’re still negotiating,” Durbin said.
Tillis, R-North Carolina, said earlier Thursday that negotiators are working on a consensus on how to handle the DACA component of the deal, reconciling different bill approaches that are out there.
“What we’re trying to do is figure out where we have common ground there,” Tillis said. “But we’ll be reaching a point pretty soon to where we have to have a discussion about chain migration, which is very important, the President’s told us, and border security and other things. I would say when we talk about ‘we’re close to an agreement,’ we’re only talking about one half of the broader agreement, so maybe we’re a third of the way there.”
“I think people are having good faith discussions,” he continued. “I can’t imagine it being done by year end.”

Strategic maneuvering

Democrats know that their greatest leverage for many of their priorities is on government funding, which expires a week from Friday. Republicans will likely need Democratic votes to pass a full year of funding, in the Senate and likely in the House where budget hawks traditionally reject domestic spending levels.
But they also have a laundry list of priorities for negotiation, including an overall deal on domestic spending, community health centers, children’s health insurance, pensions and immigration. And five legislative days before funding runs out.
The current plan, according to multiple lawmakers and aides, is for the House to pass a bill that would fund defense for a year, reauthorize children’s health insurance, and punt the rest into January. That bill is dead on arrival in the Senate, where 44 Democrats have gone on record opposing it. The belief is that the Senate will send something back to the House, likely with Obamacare payments or possibly just a short-term funding extension into January. All the while, parties negotiating a DACA deal in both chambers remain optimistic about the progress of talks.
Such a plan could squeeze Democrats, especially in the Senate, to weigh rejecting an opportunity to keep negotiating and risk the government shutting down, or to hold out for more offers from Republicans.
It’s possible that a short-term extension could pass the House without Democratic votes, taking pressure of House Minority Leader Nancy Pelosi, who with her caucus has been more vocal about rejecting anything that doesn’t include DACA by the end of the year. House Freedom Caucus Chairman Mark Meadows said many of his members, who are the more troublesome Republicans for the party on funding, could support a punt.
“If it’s just looking at a (continuing resolution) that gets us to January 19 where we can negotiate on a bigger omnibus, I think most of my members will support that,” Meadows, R-North Carolina, told reporters Thursday. “There are some who won’t, but most would be supportive of that.”
In the Senate, Democratic aides believe that January could be an option. They feel there would be no need to force a bad deal now, if a good deal is still attainable in a few weeks’ time. Senators have also been more cautious than their House colleagues.
“I’m hopeful that it will happen. And we’re not there yet on what will happen if it doesn’t happen,” Hawaii Sen. Mazie Hirono said at a press conference Thursday about pushing for all of Democrats’ priorities by the end of the year, asked whether members would reject a deal to keep making progress on some issues.

Warnings to Democratic leadership

Still, Democrats are warning their leadership that they can’t appear to surrender.
“I think there is a Plan A, a Plan B, a Plan C, a Plan D and a Plan E in the House, I can see that there are more heightened negotiations in the Senate, and I’m dedicated to working 24/7 and I have to say my caucus has been doing that,” Congressional Hispanic Caucus Chairwoman Michelle Lujan Grisham said Thursday. “We want something to vote on next week, and we are making that clear to leadership. … So I think we have to stay the course and any conversation that we can wait even 15 days is cruel, unjust, wrong and there’s real harm.”
“I’m not ready to wave the white flag and say let’s see what happens,” Grijalva echoed. “I think the pressure has to be constant on this thing or it will fail.”
The deputy chair of the Democratic Party, Minneosta Rep. Keith Ellison, said Democratic leadership should know that the party base will not accept less than a full fight.
“My advice to anybody in leadership in the House of Representatives is we better do everything imaginable to deliver on DACA or we better we be visibly shown to have done every single thing that could be done,” Ellison said. “Our grassroots base is expecting us to deliver on DACA, and that’s it. … I feel so strongly about this. We cannot fail on this.”

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

Tal is amazing! As you probably can tell, I’m a big fan of her reporting: Timely, informative, balanced, easy to read. I’m glad she is on the CNN “immigration beat” — particularly for the “Dreamers” story which is so critical to the fate of our nation (not to mention the Dreamers).

The “Freedom Caucus” is in fact the “Bakuninist Wing” of the GOP: Out to destroy American Government and perhaps take the world with it. They are an existential threat to every American, nearly on the same level as the Trump Administration itself.

Somewhere, Mikhail Alexandrovich Bakunin –– the “Grandaddy of all Anarchists — must be smiling at how these “valueless bad dudes” can actually “con” constituents into voting for their own (and everyone else’s destruction). Of course, on the way to destruction, they don’t mind freeloading off the public purse. They just mind it when others get their fair share of the pie.

The Dems need to peel off enough GOP moderate support to enact a decent Dream Act. They definitely can’t go with the White Nationalist inspired — essentially racist (let’s be upfront about it) — end of so-called “chain migration.”

Chain migration is actually the White Nationalists’ misnomer for “Beneficial Family Migration” that has helped make America great and is essential to our future success. Yeah, they aren’t all White Christians who arrive with PhDs speaking English (although some family members undoubtedly fit this mold). And, that’s a good thing for both us and them that “they aren’t, and they don’t.”

While I can see a case for some additional immigration enforcement resources, increases  should be limited to technology, management improvements, and  increased legal resources for the ICE Offices of Chief Counsel.

Under NO circumstances should more immigration agents be authorized unless and until DHS improves their current hiring and training practices; abandons “Gonzo enforcement” for a rationally tailored enforcement program along the lines of other law enforcement agencies; and closes down the majority of their unnecessary, wasteful, and counterproductive “American Gulag,” starting with substandard and corrupt private immigration detention facilities.

With the border largely under control, interior enforcement without any discernible plan, rational objectives, or meaningful results, and the U.S. Immigration Courts in complete disarray under Sessions, there is no need for yet more immigration agents at present.

What on earth would they do? “Bust” more janitors, maids, landscapers, mothers, and students who are helping America? Then what? Throw them into the collapsing Immigration Courts which already have enough work for the balance of this Administration?

It’s much more likely that White Nationalists Trump, Sessions, and their cronies would build up an internal security police, to be used against America, than that additional agents would be put to any reasonable, permissible, and constructive use. It’s a prescription for disaster. And, ironically, one that should worry the GOP “Bakuninists.”  Hard to see how expanding Government domestic police resources without rational assignments or goals should be a priority for folks who want to “shrink government, then drown it in a teacup.”

And anyone who says that the so-called “Trump Executive Orders” (an exercise in “Gonzo racist irrationalism” if I’ve ever seen one) is some sort of “reasonable blueprint” has been smoking some stuff stronger than can legally be bought in Colorado. Yeah, Trump can issue any Executive Order he wants to. But, he can’t fund most of his unnecessary initiatives without Congressional permission. This is Congress’s chance to force some rationality back into the U.S. Immigration enforcement system, which has taken a decidedly irrational, racist, and xenophobic turn under Trump and Sessions.

PWS

12-14-17

LAUREN & TAL @ CNN: Dreamer Relief Still Appears Likely, But Maybe Not This Year! — Pressure Shifts To Dems!

http://www.cnn.com/2017/12/12/politics/democrats-daca-shutdown-plan/index.html

 

Lauren Fox & Tal Kopan report for CCN;

“For Democrats, a tough choice on DACA
By: Lauren Fox and Tal Kopan, CNN
With just two weeks until Congress is expected to leave town, the fate of roughly 700,000 young immigrants still hangs in the balance.
And, it could be up to Senate Democrats now to decide whether they will make protections for the Deferred Action for Childhood Arrivals (DACA) program recipients a condition of their support for a must-pass spending bill or punt the issue to next year when they still have months to work it out.
There’s a whole host of issues that must be dealt with by the end of the year including reauthorizing a spying program, funding disaster relief and paying for the Children’s Health Insurance Program, which has all sparked questions about whether Democrats will insist DACA also be included in that list of year-end spending priorities.
“There’s no reason it can’t get done, but there’s a lot that needs to be done in the next 10 days,” Democratic Sen. Patty Murray of Washington, a member of the Senate Democrats’ leadership, said about DACA on Monday evening. “We have the CHIP re-authorization, we need the budget numbers, we have to have some decisions on a number of things.”
Asked if Democrats would reject a spending bill that punted DACA to January, independent Maine Sen. Angus King, who caucuses with the Democrats, said, “I can’t answer that.”
Republican leaders have thrown cold water on the idea that a DACA deal could get attached to a year-end spending package, leading to questions about whether Democrats — under pressure from their base — would shut down the government over a program that doesn’t begin to expire fully until March. Activists and some Democratic members point out that the must-pass spending deadline could be the party’s best opportunity to exert pressure on Republicans who don’t want a government shutdown to occur when they control all levers of government.
“That’s a complex question that’s not amenable to a simple answer. There’s a whole lot of things that are not resolved right now. Republicans control the whole government — House, Senate and White House. We are what, 69, 70 days past CHIP authorization. I’ve got folks pressing every day on wildfire relief, Virgin Islands, Puerto Rico … CHIP and Dreamers,” said Sen. Chris Coons of Deleware, a Democrat. “I think we ought to be able to fix all of that, and if it takes another week or two to resolve all of those, I think folks will forgive us. But I don’t think we should go home or close out the year without a clear path to resolving it.”
Most Democrats in the Senate say they are optimistic that an immigration bill will be passed by the end of the year or close to it and that they’ll never be forced to decide between funding the government or giving certainty to DACA recipients. But, with fewer than two weeks until Congress faces its spending deadline and no real, concrete compromise on DACA at this point, it’s unclear how Democrats will proceed if they are faced with no solutions for young immigrants.
“There’s still some negotiations going on between some Democrats and some Republicans about how to get this done,” said Sen. Jeanne Shaheen, a Democrat from New Hampshire. “I’m hopeful that will produce a positive outcome.”
Talks have circled for months on a fix to DACA, but sticking points remain. Working groups and bipartisan negotiations have formed and faltered in both chambers, with some continuing under the radar even as leadership focuses on bigger picture issues like tax reform and spending cap negotiations. On the House side, rank-and-file members in the Problem Solvers Caucus are trying to reach a bipartisan compromise, while Minority Whip Dick Durbin of Illinois continues to negotiate with a range of Republicans interested in a deal on the Senate side.
Pressure has been increasing on leadership from both sides as the end of the year looms. Democrats on the left, especially Congressional Hispanic Caucus members in the House, have pushed House Minority Leader Nancy Pelosi of California to hold firm on wanting something by the end of the year. Illinois Rep. Luis Gutierrez said it would be a “betrayal” to push the fight until January, and just last week Pelosi pledged to not go home for the year without a fix.
Moderate Republicans have also sought to push their leadership for a fix by the end of the year, with nearly three dozen House Republicans urging House Speaker Paul Ryan of Wisconsin to come up with a solution by then. But on the other side, conservatives like the House Freedom Caucus have also threatened a political price if Ryan were to attach a deal to a spending package.
In private, Democratic staff have been concerned about being able to reach a compromise by the end of the year, and whether Republicans will cave in the face of a potential shutdown, potentially forcing Democrats’ hand. Still, at least one Senate Democratic aide on Monday remained optimistic, saying back room talks were making more progress than public posturing might indicate.
Sen. Patrick Leahy, who has been working on a DACA deal, said he wouldn’t negotiate publicly about what Democrats will do if a deal isn’t reached by the end of the year, but that his group continues to work.
“It should have been done five months ago,” the Vermont Democrat said.
Throughout the entire process, President Donald Trump has remained the mystery. Lawmakers know that his blessing could allow a deal to happen rapidly — while his public opposition to a deal could prove its death knell. The President had spoken favorably in September about DACA recipients and pushed Congress to reach a deal, but in recent weeks ne has taken to hardline rhetoric on illegal immigration and blaming Democrats for crime.
Republicans — who do support a fix to DACA — say that it’s still an open question whether a deal will come together by the holiday, but that no matter what, they hope to see Republicans and Democrats come together to keep the government funded.
“I support marrying up DACA reform to border security and a break in chain migration on the spending bill,” said Sen. Lindsey Graham, a Republican from South Carolina. “I support that. I’m not going to shut down the government over it.”

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

What’s going to happen with DACA was a major area of concern on the Spanish language radio programs I did in Richmond, VA last Friday. As I said on radio, I remain “cautiously optimistic” on an eventual legislative solution for “Dreamers.” But, probably not before the end of this year. Stay tuned! And many thanks to Tal & Lauren for staying “on top” of this story which is so important for so many!

PWS

12-12-17

THIRD WORLD AMERICA! – THE ATTACK OF THE SWAMP RATS! — Under Trump’s GOP, Americans Now Correctly View White House As The Most Corrupt Institution — But, Who Are The Fools Who Voted These Immoral Jokers Into Control?

https://www.washingtonpost.com/news/josh-rogin/wp/2017/12/12/report-americans-view-trump-white-house-as-the-most-corrupt-government-institution/

Josh Rogin reports in the Washington Post:

“Almost half of Americans believe that corruption is pervasive in the White House under President Trump, a sharp increase over last year, according to a new survey. Americans now see Trump and his top officials as the most corrupt public officials in government, despite his campaign pledge to drain the swamp.

A new report out Tuesday compiled by Transparency International, the leading nonprofit organization tracking corruption worldwide, shows Americans have significantly lost faith that their government is ably fighting corruption, compared to last year. Overall, Washington-based government institutions are viewed by Americans are more corrupt than those outside the Beltway, the report found. But the Trump White House tops the list.

According to the group’s 2017 U.S. Corruption Barometer, 44 percent of respondents said that most or all of the officials in the office of the president are corrupt, up from 38 percent at the end of Obama’s second term.

Members of Congress are seen as the second most corrupt group of government officials of the nine categories in the survey, with 38 percent of Americans viewing them as mostly or all corrupt. After that, Americans perceive corruption as pervasive in non-White House government officials, business executives, local officials and business leaders in decreasing proportions. Only 16 percent of respondents viewed judges and magistrates as mostly or all corrupt, according to the data.

Meanwhile, 69 percent of respondents said the U.S. government is fighting corruption “fairly badly” or “very badly,” up from 51 percent in 2016. More than half of respondents said people don’t report corruption due to fear of retaliation.

Transparency International defines corruption as “the abuse of entrusted power for private gain.” Key issues within that definition include the influence of wealthy individuals over government, “pay for play” politics, revolving doors between government and corporate entities and the abuse of the financial system by elites.

The perception of Trump and his top officials as being corrupt is easy to understand. Trump and his family have scores of well-documented conflicts of interest they have dealt with in an opaque manner. Meanwhile, Trump’s failure to divest fully from his businesses, combined with his failure to release his tax returns, has fueled suspicions.

The phone survey, performed by the company Efficience3, included interviews of 1,005 randomly selected Americans in October and November. The data were weighted to be demographically representative of all American adults by age, race, gender, urbanization, social grade and ethnicity.

Zoe Reiter, Transparency International’s U.S. representative, said that the study was meant to form a basis for understanding how government is failing to uphold high anti-corruption standards and provide a call to action for Americans to respond. She pointed out that 74 percent of respondents said they believed ordinary people still can make a difference.

“The good news is a majority of Americans feel empowered to fight corruption,” she said. “Since our elected officials are failing to deliver, we need to figure out a way to push them much harder to take these issues more seriously.”

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

Read the rest of the article at the link.

There is some disconnect here, because some of the folks who now are concerned about corruption voted for Trump and the GOP, despite more than ample public evidence of his endemic dishonesty, congenital lying, incompetence, and general immorality. Garbage in — garbage out!

But, the answer to the problem is still pretty obvious:

  • Vote Trump and his corrupt cronies out of office;
  • Dismantle the current version of the GOP, which has become an “aider and abettor” of corruption, greed, immorality, and bad government.

Yes, we could and should have a viable two-party system. But, no major party should include horrible immoral individuals like Donald Trump, “Ayatollah Roy,” Steve King, Stephen Miller, or Steve Bannon whose views are deeply Anti-American and threatening to our continued existence as a nation and to the entire free world!

PWS

12-12-17

 

THE GIBSON REPORT — 12-11-17 

THE GIBSON REPORT 12-12-17

HERE ARE THE HEADLINES:

“TOP UPDATES

 

Concerning I-765 form and instructions, comments open until Dec. 12

Three worrisome changes caught by KIND:

  • requirement to provide a passport or US or foreign government-issued ID applies to those with asylum-pending or withholding granted (as well as SIJs, and T & U nonimmigrants); this is a major break with past practice, and huge obstacle.
  • if asylum is pending, requires arrest and conviction records. The EAD will be denied if you have been convicted of an aggravated felony, and USCIS will evaluate the arrest records to determine that. This is a procedural due process problem in that this is an ultimate question to be determined by the adjudicator of the asylum application.
  • option of using a “Safe Mailing Address” is buried deep in the instructions where it’s easy to miss, and limits it to VAWA, T and U applicants.

 

Update on Joint Motions

From the OCC duty attorney via Make the Road:

  • she generally reviews all proposed JMTRs, and makes a decision by written letter as to whether to join, decline, or request more information
  • she has a significant backlog such that she is still reviewing proposed JMTRs filed in November of 2016… (Note from EG: when I spoke with her in April of 2017, she was doing September of 2016)
  • without an “exceptional or unusual” circumstance such as urgent need to travel because of death or illness, she wouldn’t prioritize reviewing one sooner
  • if I am concerned about the wait, she encourages me to “seek prosecutorial discretion from ERO through a stay or deferred action.”

 

Sessions outlines principles to reduce immigration case backlog

DOJ: “[DOJ aims] to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice.”

 

PRUCOL for Asylum Applicants (see attached)

Effective immediately, PRUCOL status will be granted to Asylum applicants with EAD cards for the purpose of Cash Assistance eligibility, which in turn has implications for rental assistance.

 

New Federal Lawsuit on Behalf of Lawful Permanent Residents Denied the Opportunity to Become U.S. Citizens Because of Disabilities

Legal Services NYC’s Bronx program, Immigrant Justice Corps, Alaska Immigration Justice Project, and WilmerHale filed a federal lawsuit on behalf of nine LPRs from New York, Massachusetts, and Alaska, who are statutorily eligible to apply for citizenship, but who have mental health or cognitive impairments which make it impossible for them to learn English and pass the English and civics tests ordinarily required to become U.S. citizens. The lawsuit was filed against the DHS and USCIS.

 

NIJC and Immigrant Rights Advocates Demand Civil Rights Investigation into ICE Raids that Targeted Sponsors of Unaccompanied Children

Eight immigrant rights organizations filed a complaint with DHS OIG and Office of Civil Rights and Civil Liberties on behalf of some of the 400 people detained in raids during the summer of 2017 that used unaccompanied children to identify and target their relatives living in the United States. AILA Doc. No. 17120762

 

DOS Updates Guidance Due To New Court Orders on Presidential Proclamation

DOS provided updated guidance due to the 12/4/17 Supreme Court orders that granted the government’s motions for emergency stays of preliminary injunctions. Per the orders, restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning 12/8/17. AILA Doc. No. 17120830

 

CBP Muster: Policy Regarding Border Search of Information

CBP created a muster regarding border searches of electronic devices. Notes such searches may include searches of the information physically present on the device when presented for inspection or during its detention. Obtained by a FOIA request by the Electronic Frontier Foundation. AILA Doc. No. 17120636.

 

DHS Provides ICE and CBP End of FY2017 Statistics

DHS released a summary of its end-of-the-year immigration enforcement numbers. In FY2017, CBP reported 310,531 apprehensions nationwide, 303,916 of which were along the Southwest border. In FY2017, ICE conducted 143,470 arrests and 226,119 removals. AILA Doc. No. 17120534

 

EOIR Final Rule on Denials of Suspension of Deportation and Cancellation of Removal

EOIR final rule adopting without change the rule proposed at 81 FR 86291 on 11/30/16. The final rule allows IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. (82 FR 57336, 12/5/17) AILA Doc. No. 17120530

 

 

ACTIONS

 

  • Sign petition to Judge DiFioreon keeping ICE out of NY courts.
  • IDP Push on State Pardons: We have reason to think that the Governor’s office may be more likely to grant pending pardon applications (and more in the future) if we package together compelling cases. If you have pardon applications currently pending (or that could be submitted soon) where someone would receive some kind of immigration benefit and would like to be included in this joint advocacy effort, please email awellek@immigrantdefenseproject.org by 12/13: 1-2 paragraphs about the applicant. It should cover who the applicant is, their equities, what their convictions are, and the current posture of their immigration case and how a pardon will help.
  • NYIC and CUNY survey of gang-related issues – deadline 12/15/17

 

RESOURCES

 

·         USCIS Provides FAQs on Rejected DACA Requests”

 

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

Thanks, Elizabeth, for keeping the members of the “New Due Process Army” informed!

You’re the greatest!

 

PWS

12-12-17

WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”

https://www.washingtonpost.com/opinions/trumps-deportation-tough-talk-hurts-law-abiding-immigrants/2017/12/10/9a87524a-a93b-11e7-850e-2bdd1236be5d_story.html

The Post Editorial Board writes:

“The broader dysfunction in America’s immigration system remains largely unchanged. Federal immigration courts are grappling with a backlog of some 600,000 cases, an epic logjam. The administration wants to more than double the number of the 300 or so immigration judges, but that will take time. And its recent moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.

Mr. Trump’s campaign bluster on deportation was detached from reality. He said he’d quickly deport 2 million or 3 million criminal illegal immigrants, but unless he’s counting parking scofflaws and jaywalkers, he won’t find that many “bad hombres” on the loose. In fact, legal and illegal immigrants are much less likely to end up in jail than U.S. citizens, according to a study by the Cato Institute.

The president’s sound and fury on deportation signify little. He has intensified arrests, disrupting settled and productive lives, families and communities — but to what end? Only an overhaul of America’s broken immigration system offers the prospect of a more lasting fix.”

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

Read the full article at the link.

The Post also points out the damage caused by Trump’s racist “bad hombres” rabble rousing and the largely bogus nature of the Administration’s claims to be removing “dangerous criminals.” No, the latter would require some professionalism and real law enforcement skills. Those characteristics are non-existent among Trump Politicos and seem to be in disturbingly short supply at DHS. To crib from Alabama GOP Senator Richard Shelby’s statement about “Ayatollah Roy:” Certainly DHS can do better than Tom Homan.

And certainly America can do better than a US Immigration Court run by White Nationalist Attorney General Jeff “Gonzo Apocalypto” Sessions. Gonzo’s warped concept of Constitutional Due Process is limited to insuring that he himself is represented by competent counsel as he forgets, misrepresents, misleads, mis-construes, and falsifies his way through the halls of justice.

Jeff Sessions does not represent America or American justice. The majority of American voters who did not want the Trump debacle in the first place still have the power to use the system to eventually restore decency, reasonableness, compassion, and integrity to American Government and to send the “Trump White Nationalist carpetbaggers” packing. The only question is whether or not we are up to the task!

PWS

12-12-17

 

NO SURPRISE HERE! — TRUMP’S GONZO IMMIGRATION ENFORCEMENT PRODUCES LESS THAN ADVERTISED – Majority Of So-Called “Criminal” Arrests & Removals Apparently Involve Relatively Minor Offenders!

http://theweek.com/speedreads/741645/ice-isnt-rounding-violent-criminals-like-trump-promised

Kelly O’Meara Morales reports for The Week:

“U.S. immigration agents are going after minor offenders rather than the hardened criminals President Trump repeatedly warned about, a report released Tuesday by the U.S. Immigrations and Customs Enforcement reveals. Illegal crossings into the United States have dropped and immigration arrests are up under the Trump administration, but the report suggests nearly three-quarters of those apprehensions have been for minor transgressions.

Of the 143,470 immigration arrests made in fiscal year 2017, less than 25 percent of the people arrested had been convicted of or charged with violent crimes. Although the ICE report notes that 92 percent of the people arrested between Jan. 20 and Sept. 30, 2017, did have some criminal convictions or charges against them, the top four criminal charges against those arrested were described as DUIs, “dangerous drugs,” immigration-related violations, or traffic offenses.

In January, Trump signed an executive order to crack down on illegal immigration and declared that “many aliens who illegally enter the United States … present a significant threat to national security and public safety.” Acting ICE Director Thomas Homan indicated at a press conference Tuesday that the agency would have more “collateral arrests” of people who were not initially targeted in ICE raids: “We’re going to arrest them either way. Chances are when we go to their homes, or place of business, we’re going to find other illegal aliens that weren’t even on our radar to begin with.”

Deportations are down 6 percent from 2016, however, and there is currently a backlog of more than 650,000 cases in immigration courts. Read the full report on ICE arrests and deportations here. Kelly O’Meara Morales”

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

The Administration apparently continues to focus on relatively “low hanging fruit” rather than engaging in the more difficult task of rounding up more dangerous criminals.

PWS

12-10-17

 

FOURTH CIRCUIT JOINS 9TH, 2d, & 6TH IN REVERSING BIA’S OVERLY RESTRICTIVE READING OF ASYLUM ELIGIBILITY – ADDITIONAL EVIDENCE OF A PRE-EXISTING CLAIM CAN BE A “CHANGED CIRCUMSTANCE” JUSTIFYING “LATE” ASYLUM FILING! — ZAMBRANO V. SESSIONS (PUBLISHED)!

4th Cir on changed circumstances-1yr

Zambrano v. Sessions, 4th Cir., 12-05-17 (published)

PANEL: KEENAN and WYNN, Circuit Judges, and John A. GIBNEY, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION BY: Judge Gibney

KEY QUOTE:

“This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may include circumstances that show an intensification of a preexisting threat of persecution or new instances of persecution of the same kind suffered in the past. The Court remands to the BIA and leaves the determination of whether the facts on record constitute changed circumstances which materially affect the petitioner’s eligibility for asylum to the BIA’s sound discretion.

III.
The BIA erred when it categorically held that additional proof of an existing claim

does not establish changed circumstances. Accordingly, we grant the petition for review, vacate the BIA’s order, and remand the case to the BIA for further consideration in light of this opinion.”

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

This is a very important decision for asylum applicants in the Fourth Circuit, as this situation arises frequently in Immigration Court.

With three well-reasoned Circuit decisions already in the books, why is the BIA holding out for a discredited rationale? How many individuals who weren’t fortunate enough to have Ben Winograd or an equally talented lawyer argue for them in the Court of Appeals have already been wrongfully removed under the BIA’s discredited rationale? Where’s the BIA precedent adopting this rationale and making it binding on IJ’s nationwide before more individuals are wrongfully removed? How is this “through teamwork and innovation being the world’s best administrative tribunal guaranteeing fairness and due process for all?”

The answer to the latter question is sadly obvious. While the BIA’s problems predated his tenure, the attitude of Attorney General Jeff Sessions, as demonstrated in his recent pronouncement on so-called “Immigration Court efficiency” elevates “false efficiency,” speed, and cranking out removals above fundamental fairness and Due Process. Why have an elaborate administrative court system that doesn’t put Due Process first and foremost as “real” (non-captive) courts generally do? Why not just send all removal cases to U.S. District Judges and Magistrate Judges who make Due Process and fairness “job one” and aren’t preoccupied with “jacking up” removal statistics to please political bosses?

And, I’d like to see how far the DHS/Sessions’s (they are pretty much the same these days) boneheaded, arrogant, unrealistic, and wasteful “no PD” policy would get in a “real” court system where widespread, reasonable, and prudent use of PD by prosecutors is understood and accepted as an essential part of fairness, efficiency, and responsible use of publicly-funded judicial resources. Indeed, in some of my past “off the record” conversations with Article III Judges, they were absolutely flabbergasted to discover the unwillingness of DHS to meaningfully exercise “PD” in the pre-Obama era and to learn that at DHS the “cops,” rather than the prosecutors were responsible for setting PD policies!

PWS

12-08-17

 

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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

Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want  to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

 

HON. JEFFREY CHASE DISCUSSES ASYLUM BASED ON FEAR OF HONOR KILLINGS!

https://www.jeffreyschase.com/blog/2017/12/2/honor-killings-and-particular-social-group

Honor Killings and Particular Social Group

The threat of honor killing may form the basis of an asylum claim.  While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere to a rigid moral code imposed upon her brings such dishonor on her family in the eyes of the community that nothing short of her murder (at the hands of her own family) can restore the family’s “honor.”  The BIA has issued no precedent decisions relating to these types of claims; there are not many published circuit court decisions.  In a recent published decision, Kamar v. Sessions, the U.S. Court of Appeals for the Sixth Circuit reversed the BIA’s incorrect determination that a woman from Jordan who credibly fears an honor killing was not genuinely at risk, and did not show that the government of Jordan was unwilling or unable to protect her.  However, I would like to focus in this article on the particular social group aspects of such claims.

As I have stated in other posts, the BIA established a requirement in its 1985 precedent decision Matter of Acosta that members of a particular social group must share an immutable characteristic.  In a series of later decisions beginning with it’s 2006 precedent  Matter of C-A-, the BIA additionally required cognizable social groups to satisfy its particularity and social distinction requirements.  The former requires that there be a clear benchmark of who is and is not included in the group.  The latter requires that the society in question (i.e. not the persecutors alone) view the members as forming a distinct group.  It is not easy for a group to meet all three of these requirements.

However, I believe that women (and sometimes men) targeted for honor killings must be found to meet all three of these requirements, as they are inextricably built into the social code which gives rise to such horrific actions.  First, being targeted for an honor killing is clearly an immutable characteristic.  The entire reason the society in question requires an act as drastic as murder is that nothing short of eliminating the individual will undo the perceived shame on the family.  There is no lesser form of rehabilitation or restitution available.  Nor will the passage of time or the target’s departure from the society suffice.  USCIS itself states in its own training materials for asylum officers on gender-based persecution that “the family may go to great lengths to pursue women (and men) accused of violating the family’s honor.  Families employ bounty hunters, private detectives and social networks to pursue victims and searches may persist over years.  In cultures with extended family networks over a large geographic area, relocation may offer no real protection.”2  This is the definition of an immutable characteristic.

Additionally, the group satisfies the particularity requirement.  The code giving rise to honor killings (a term which the U.S. Court of Appeals for the Seventh Circuit has called “an oxymoron if we’ve ever heard one”)3 specifies who must be targeted.  In societies in which such killings take place, if a family that adheres to a rigid moral code believes that a female member of the family has behaved in a way that tarnished its reputation to the point that an honor killing is required, the family cannot decide to kill, e.g., the third person that walks down the street, or a more distant relative, or the gardener to achieve the goal of restoring honor.  The code governing such killings is specific as to who must be targeted.

Furthermore, social distinction is a given in such cases, as it is the perception of the society in question itself that is entirely responsible for both the family’s perceived loss of honor and for the “need” to carry out the murder.  It is  the society’s moral code that has been violated by the group member’s behavior; it is the society that has distinguished the violator in a manner that brings shame on her family; and it is the society’s perception that the honor killing is intended to appease.  Therefore, while the asylum officer, immigration judge, or BIA may deny asylum for another reason, if credible, an asylum applicant who fears an honor killing should not be denied based on a failure to meet her burden of establishing membership in a cognizable particular social group.

In order to avoid the Board’s prohibition against the group being defined in a circular manner, it is best not to include the term “honor killing” in the definition of the proposed group itself.  The membership in the group is the reason the person fears persecution.  The definition should therefore generally not include the actual harm feared, because a person is not targeted for an honor killing because they are targeted for an honor killing- this is what the Board terms a circular argument.  However, a person may be targeted for persecution because they are a member of the group consisting of, for example, “women from country X whose behavior is perceived to have brought dishonor on their family by flouting repressive moral norms.”  The honor killing is the type of persecution that the applicant fears as a result of their membership in the group.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

Notes:

1.  On the topic of males targeted for honor killings, see Caitlin Steinke, Male Asylum Applicants Who Fear Becoming the Victims of Honor Killings: The Case for Gender Equality, 17 CUNY L.Rev. 233,(2013).

2.  See USCIS, RAIO Directorate, Combined Training Course, Gender Related Claims Training Module, p. 24 (Rev. 9/26/2011)https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Directorates%20and%20Program%20Offices/RAIO/Gender%20Related%20Claims%20LP%20%28RAIO%29.pdf.

3.  Sarhan v. Holder, 658 F.3d 649 (7th Cir. 2011).

 

 

 

 

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

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My recent blog blog on this same case is here:

https://wp.me/p8eeJm-1IB

Instead of being on the wrong side of the law and history here, why hasn’t the BIA taken the lead in issuing a precedent establishing protection under the INA and the Conventions for these vulnerable individuals?

The was a time when the BIA had the courage to stand up for the rights of the oppressed and take a leadership role in recognizing legal protections.  See Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996). Decisions like Kasinga both saved lives and promoted the fair and orderly administration of immigration, refugee, and asylum laws in accordance with Due Process.

Today’s BIA appears more interested in serving as an apologist for the extreme anti-immigrant policies of Jeff Sessions and the Trump Administration and helping the DOJ’s OIL justify legally questionable positions in the U.S. Courts of Appeals than in standing up for the Due Process and statutory rights of migrants. What’s the purpose of a supposedly deliberative body that seldom visibly “deliberates” and all too often fails to perform its SOLE FUNCTION of “guaranteeing fairness and Due Process for all?”

PWS

12-04-17

 

 

“NOT GUILTY” VERDICT IN “KATE’S LAW” SHOOTING!

http://www.cnn.com/2017/11/30/us/kate-steinle-murder-trial-verdict/index.html

Holly Yan and Dan Simon report for CNN:

“San Francisco (CNN) A jury on Thursday found Jose Ines Garcia Zarate not guilty of homicide charges in the July 2015 death of Kate Steinle in San Francisco.

Jurors convicted the undocumented immigrant of being a felon in possession of a firearm after deliberating for more than 24 hours over six days.
The case became a political lightning rod in the debate over immigration policy. Proceedings lasted about one month.
Garcia Zarate, a Mexican citizen, is subject to immediate deportation.
He had been deported from the United States five times prior to Steinle’s death.
Garcia Zarate, 45, faced a charge of second-degree murder, but jurors also were allowed to consider first-degree murder and involuntary manslaughter convictions.
Garcia Zarate was accused of fatally shooting Steinle, 32, with a Sig Sauer .40-caliber handgun as she and her father walked on San Francisco’s Pier 14.

. . . .

Garcia Zarate’s undocumented status and San Francisco’s status as a “sanctuary city” prompted widespread debate over immigration policies.
Officials sued after Kate Steinle's death

Officials sued after Kate Steinle’s death 02:00
Garcia Zarate had been deported from the United States back to Mexico five times. Before the shooting, officials in San Francisco released him from custody instead of turning him over to immigration authorities.
Steinle’s death became a rallying cry for President Donald Trump and others, who have invoked the case in decrying sanctuary cities and promoting the construction of a border wall between the US and Mexico.
“This senseless and totally preventable act of violence committed by an illegal immigrant is yet another example of why we must secure our border immediately,” Trump said in July 2015. “This is an absolutely disgraceful situation and I am the only one that can fix it. Nobody else has the guts to even talk about it. That won’t happen if I become President.”
Trump also mentioned Steinle in his acceptance speech at the Republican National Convention after winning the Republican presidential nomination.
In June, the House of Representatives passed “Kate’s Law,” a bill that would create harsher penalties for repeat illegal entry to the US. The bill would also expand US law to pressure local cities to cooperate with federal immigration enforcement.
This summer, the House of Representatives passed H.R. 3004, dubbed “Kate’s Law” — a measure named for Steinle. The legislation would increase maximum prison penalties for immigrants caught repeatedly entering the US illegally.
The measure was introduced in the Senate but failed to get the 60 votes needed to pass.“

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A tragic situation.

PWS

11-30-17

LA TIMES: ICE DRAGNET SNARES US CITIZENS — Quick To Arrest, Slow To Release — The “Crime” Of Being Latino & Born In Mexico — How Would YOU Prove U.S. Citizenship If The ICEMEN Cometh?

https://flipboard.com/@flipboard/-how-a-us-citizen-was-mistakenly-targete/f-f3ae242702%2Flatimes.com

Joel Rubin & Paige St. John report for the LA Times:

“Sergio Carrillo had already been handcuffed in the Home Depot parking lot when an officer wearing a Homeland Security uniform appeared.

“Homeland Security?” Carrillo asked. “What do you want with me?”

Ignoring Carrillo’s demands for an explanation, the officer ordered the 39-year-old taken to a federal detention facility in downtown Los Angeles for people believed to be in the country illegally.

“You’re making a big mistake,” Carrillo recalled saying from the back seat to the officers driving him. “I am a U.S. citizen.”

The arrest last year was the start of a perplexing and frightening ordeal for Carrillo, who said in an interview with The Times that immigration officials scoffed at his repeated claims of citizenship and instead opened a case against him in immigration court to have him deported. It would take four days for government officials to concede their mistake and release Carrillo.

The case, say civil rights attorneys and other critics of the country’s immigration enforcement system, highlights broader problems with how people are targeted for deportation. They argue databases used by immigration officials to determine who is and isn’t in the country legally are beset by outdated and inaccurate information that leads to an unknown number of U.S. citizens being detained each year.

Since 2002, Immigration and Customs Enforcement has wrongly identified at least 2,840 United States citizens as possibly eligible for deportation, and at least 214 of them were taken into custody for some period of time, according to ICE records analyzed by the Transactional Records Access Clearinghouse at Syracuse University.

Because ICE in January stopped releasing data on those it takes into custody, it is impossible to know how many citizens have been caught up in the aggressive push to increase arrests and deportations being carried out under President Trump.

In one such case, Guadalupe Plascencia complained that she was transferred from San Bernardino County jail to ICE custody in March despite having become a citizen two decades earlier. The 59-year-old hairdresser said she was released only when her daughter showed ICE agents her passport.

On Wednesday, attorneys for Carrillo announced a settlement deal in which the government will pay him $20,000 to resolve a civil lawsuit he filed over the arrest.

ICE officials could not be immediately reached Wednesday.”

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Read the complete article at the link. Many thanks to Nolan Rappaport for sending this my way.

If you read the complete story, you will see that even after learning of their likely mistake, ICE was in no hurry to correct it. In fact, it appears that but for the intervention of his lawyer, this individual might well have remained in detention and been scheduled for a removal hearing before an Immigration Judge. At no point does in this article does it appear that ICE was in any way apologetic for its mistake. Indeed, it took a civil lawsuit and a $20,000 settlement to get any satisfaction.

What if this U.S. citizen had been an “Anglo” dressed in a business suit? Would he have been treated the same way by ICE? I doubt it.

As I have pointed out before, Trump, Sessions, Miller and their White Nationalist cronies are in the process of constructing an internal security police force using ICE as the spearhead. Today, their targets are mostly people of color — be they migrants, legal immigrants, refugees, or U.S. citizens — and most in the “Anglo Community” seem happy to ignore what’s really happening to their neighbors and in their communities.

But, the “Day of the Anglos” might still come. After all, there is a long list of Americans who are not entitled to full legal protections according to “Jeff’s Law:” LGBTQ individuals, reporters, liberal counter demonstrators, those who challenge police brutality, voters in gerrymandered districts, women who want to exercise their Constitutional right to an abortion, non-Christians, etc. Who is going to speak up for YOUR rights if your Government won’t?

According to DHS propaganda, the “hard-line” policies of the Trump Administration have resulted in spectacularly diminished illegal border crossings and are discouraging individuals from coming here or staying under our legal system. As I’ve observed, some immigration agents have so little “real” law enforcement work to do that they can take time to engage in such “enforcement overkill” as staking out a kid’s hospital room or arresting and deporting working parents of U.S. citizens and local soccer stars who have no serious criminal records.

So, with everything under control, why does the Trump Administration need 15,000 additional immigration agents, a Border Wall, and an expanded private immigration detention Gulag? What’s the “ultimate purpose” here? Who’s going to speak up for YOUR legal rights when the Trumpsters show up at your door to take them away?

PWS

11-30-17

 

 

GONZO’S WORLD: ADMINISTRATION OF SCOFFLAWS – TRUMP & SESSIONS CONTINUE TO CLOG COURTS WITH FRIVOLOUS ANTI-IMMIGRANT LAWSUITS ON PREVIOUSLY REJECTED THEORIES!

https://www.aclu.org/blog/immigrants-rights/trump-and-sessions-keep-trying-institute-anti-immigrant-policies

Ruthie Epstein reports for ACLU online:

“They just can’t win.

Since taking office, President Donald Trump and Attorney General Jeff Sessions have been trying illegally to strong-arm law enforcement agencies across the country into colluding with the Department of Homeland Security’s mass deportation agenda. But the courts have blocked them every step of the way.

President Trump took his first shot across the bow just a few days after inauguration. A single provision buried in Executive Order 13768 threatened to cut off all federal funds to so-called sanctuary cities. The provision was broad and undefined. It appeared to target jurisdictions that have adopted a range of lawful and sensible law-enforcement policies.

A federal court in California quickly put the executive order’s provision on hold. And last Monday, after months of hearings, the court permanently blocked the unconstitutional provision, ruling that it violated separation of powers, the Constitution’s Spending Clause, and the Tenth Amendment. The court also ruled that the provision was unconstitutionally vague. The judge in the case wrote that “[f]ederal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.” The government has appealed this case to the Ninth Circuit Court of Appeals, but for the time being, the president cannot carry out his threat.

Attorney General Sessions tried another way to coerce local governments into adopting anti-immigrant policies. His strategy was to attach new conditions to existing federal law enforcement grants. In July, he announced that recipients of Byrne Justice Assistance Grant (JAG) funds, which support a wide range of local programs including indigent defense, crime prevention, and drug treatment, would henceforth be required to allow Immigration and Customs Enforcement (ICE) agents to enter jails to interrogate inmates and provide 48 hours’ notice of an inmate’s release date if ICE requests it.In September, a federal court in Chicago blocked these conditions nationwide, ruling that the Justice Department had no authority to impose new requirements on the grant money – that’s the job of Congress. Again, the Trump administration has appealed to the Seventh Circuit. Earlier this month, a federal court in Philadelphia also ruled that these new conditions are illegal.Not to be discouraged, Sessions tried the same tactic with a different pot of Justice Department money. In September, he announced that applicants for Community Oriented Policing Services (COPS) Office grants would receive preferential consideration if they cooperated with ICE’s interrogation and notification demands. Last week, the Justice Department announced more than $98 million in COPS grants to hire 802 new full-time law enforcement officers across the country — and claimed that 80 percent of the grantees had agreed to cooperate with the feds on immigration enforcement. COPS funds are intended to help build trust between communities and law enforcement. Instead, Sessions is trying to incentivize police departments to do the exact opposite – discouraging immigrants from contacting the police if they are victims or witnesses to a crime, for fear that they or their family members might be detained and deported.

And sometimes Sessions resorts to naked threats. Since August, the Justice Department has sent at least two rounds of letters to states and local jurisdictions it deems to have insufficient immigration policies. The letters are impressive in their desperation, proposing a new and expansive interpretation of federal law that would strip Byrne JAG funds from almost any local law enforcement agency that limits entanglement with federal immigration enforcement. They are meant to frighten cities and states into agreeing to dedicate government personnel and taxpayer dollars to help the federal government advance its harsh vision of immigration enforcement — but, as its repeated losses in courts confirm, the Justice Department’s legal footing is weak.

With these letters, the administration continues its campaign to harass cities and states that support immigrant communities and advance public safety by focusing their efforts locally and leaving federal immigration enforcement to the feds. The law, however, is clear: Trump and Sessions cannot force state and local governments to do their bidding, no matter how hard they try.”

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Although Gonzo sanctimoniously and disingenuously pontificates about the “rule of law” and lobs restrictionist-inspired grenades about “dirty immigration lawyers,” in fact Gonzo and Trump are the one engaging in gross abuses of the  U.S. legal system in support of an illegal, racist, White Nationalist Agenda.
Because of the rules giving wide latitude to those in political positions, it’s doubtful that either one of these anti-American zealots will ever be held fully liable for his actions. But, their misguided campaign can be thwarted if enough of us who believe in the Constitution and representative government  “Just Say No” to their antics.
PWS
11-27-17