Category: Tal Kopan

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

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

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

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

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

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 In the other, Sessions is asking for briefs on an unpublished opinion as to how much the threat of being the victim of a crime can qualify for asylum.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

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

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

America needs an independent Article I Immigration Court.

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

PWS

03-11–17

Related posts:

  1. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. HON. JEFFREY CHASE: Speaking Out Against The “Notable Minority” Of U.S. Immigration Judges Who Demonstrated Bias Against Women & Asylum Seekers – “Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death. Will there be any consequences for their actions? Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision? Or would that have been viewed as dangerous?”
  4. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!

TAL @ CNN – When It Comes To DACA, DOJ Appears To Be Rewriting History – There Was Nothing “Discretionary” About Sessions’s Advice to DHS To Terminate Program!

http://www.cnn.com/2018/03/06/politics/daca-decision-trump-win/index.html

Judge sides with Trump on DACA, but blasts White House, Congress for inaction

By: Tal Kopan, CNN

The Trump administration won a victory in court Monday on its plan to end the Deferred Action for Childhood Arrivals program, but not before a federal judge criticized the White House and Congress for failing to work together.

The ruling is a relatively symbolic win after two other federal courts have already halted the President’s effort to end the program nationwide.

Still, the administration is hailing the ruling as evidence that it has the authority to terminate DACA, a program that protected young undocumented immigrants who came to the US as children from deportation, as President Donald Trump decided in September.

In a 30-page opinion, Maryland District Judge Roger Titus rejected a challenge to the termination of DACA, saying the administration did in fact have a “reasonable” justification given it concluded the program was likely unlawful.

Previous judges have found the opposite — that there’s a plausible argument the government’s reasoning in this case was “arbitrary and capricious.”

The Supreme Court last week declined the administration’s request to leapfrog the appellate courts and immediately consider the other judges’ rulings, meaning until a further court rules in what will likely be several months, the administration must continue renewing two-year DACA permits.

Titus began his opinion with an unusual lamentation of the partisan nature of politics in this country, criticizing Congress and the administrations’ inaction on a permanent solution for DACA participants.

“This case is yet another example of the damaging fallout that results from excessive political partisanship,” Titus wrote.

“The highly politicized debate surrounding the DACA program has thus far produced only rancor and accusations,” he added. “During the recent debate over the rescission of DACA, the program even turned into a bargaining chip that resulted in a brief shutdown of the entire federal government earlier this year.”

He added: “The result of this case is not one that this court would choose if it were a member of a different branch of our government. This court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached. Hopefully, the Congress and the President will finally get their job done.”

In a statement, Justice Department spokesman Devin O’Malley called the decision “good news” and criticized the rebukes from previous judges.

“The Department of Justice has long maintained that DHS acted within its lawful authority in making the discretionary decision to wind down DACA in an orderly manner, and we welcome the good news today that the district court in Maryland strongly agrees,” O’Malley said. “Today’s decision also highlights a serious problem with the disturbing growth in the use of nationwide injunctions, which causes the Maryland court’s correct judgment in favor of the government to be undermined by the overbroad injunctions that have been entered by courts in other states.”

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Contrary to the DOJ’s current claim, that the decision to terminate DACA was “discretionary,” Sessions has consistently taken the position that the DACA program was “illegal” and therefore the Administration had no choice but to terminate it. Here’s a copy of his letter to then Acting DHS Secretary Duke. No mention of “discretion” that I can find:

ag_letter_re_daca

Moreover, contrary to some of the Administration’s blabber, Judge Titus did not endorse Sessions’s view that DACA was illegal. Rather the Judge found:

Given the fate of DAPA, the legal advice provided by the Attorney General, and the threat of imminent litigation, it was reasonable for DHS to have concluded—right or wrong—that DACA was unlawful and should be wound down in an orderly manner. Therefore, its decision to rescind DACA cannot be arbitrary and capricious.

Judge Titus found that “reasonable legal minds may differ regarding [DACA’s & DAPA’s] lawfulness.” Indeed, Judge Titus clearly thought that the Administration had chosen to implement the wrong policy. He merely found that separation of powers prevented him from intervening to substitute his judgment for that of the Administration. Like virtually everyone else except Sessions, he viewed the situation of the DACA recipients as highly compelling and was critical of Congress and the Administration for failing to resolve it in favor of the DACA recipients.

Even when they supposedly “win,” Sessions and his DOJ minions seem tone-deaf to the “real messages” being sent by the Federal Judges who needlessly have been forced to rule on these cases that should never have happened had Congress taken appropriate actions to protect the Dreamers and the Administration exercised its power and judgment in a more humane manner.

PWS

03-06-18

Related posts:

  1. NIGHT SHIFT W/ TAL @ CNN – “CLARIFYING” THE UNCLEAR STATUS OF DACA IF CONGRESS PUNTS AGAIN – “It’s Complicated!” — PLUS “BONUS COVERAGE” OF OTHER IMMIGRATION “HOT NEWS” BY TAL & HER CNN COLLEAGUES!
  2. “GO POUND SAND” SUPREMES TELL TRUMP & SESSIONS ON DACA – HIGH COURT STIFFARMS DOJ’S FRIVOLOUS TRY TO END RUN LEGAL PROCESS!
  3. UPDATES FROM TAL @ CNN: IF NOT DEAD, DACA DEAL ON LIFE SUPPORT, FOLLOWING TRUMP/GOP RESTRCTIONIST ADD-ONS! – Also Unclear How It Could Clear House Given White Nationalist Objections!
  4. TAL @ CNN: ADMINISTRATION “SPLITS A PAIR” OF USDC RULINGS IN CAL. – Blown Out Again On DACA, But A Victory On “The Wall!”

TAL SAYS THE DREAM SEEMS TO HAVE PASSED – “Dreamers” Are Waking Up To The Reality That They Are Back In “Limboland” With No End In Sight!

http://www.cnn.com/2018/03/05/politics/daca-deadline-march-5-passing-immigration-courts/index.html

DACA’s March 5 ‘deadline’ marks only inaction

By Tal Kopan, CNN

It’s been six months since President Donald Trump moved to end a program that protected young undocumented immigrants from deportation, and Washington seems to be no closer to a resolution on the day everything was supposed to be solved by.

March 5 was originally conceived to be a deadline of sorts for action. When Trump ended the Deferred Action for Childhood Arrivals program in September, he created a six-month delay to give Congress time to come up with a legislative version of the policy, which protected young undocumented immigrants who had come to the US as children.

The Department of Homeland Security was going to renew two-year DACA permits that expired before March 5, and Monday was to be the day after which those permits began expiring for good.

But multiple federal judges ruled that the justification the Trump administration was using to terminate the program was shaky at best — and ordered DHS to resume renewing all existing DACA permits. And the Supreme Court declined the administration’s unusual request to leapfrog the appellate courts and consider immediately whether to overrule those decisions.

That court intervention effectively rendered the March 5 deadline meaningless — and, paired with a dramatic failure on the Senate floor to pass a legislative fix, the wind has been mostly taken out of the sails of any potential compromise.

Activists are still marking Monday with demonstrations and advocacy campaigns. Hundreds of DACA supporters were expected to descend on Washington to push for action.

But the calls for a fix stand in contrast with the lack of momentum for any progress in Washington, with little likelihood of that changing in the near future. Congress has a few options lingering on the back burner, but none are showing signs of imminent movement.

March 23 is the next government funding deadline, and some lawmakers have suggested they may try to use the must-pass package of funding bills as a point of leverage.

But sources close to the process say it’s more likely that efforts will be made to keep a bad deal out of the omnibus spending measure than to come up with a compromise to attach to it, as no solution has a clear path to passing either chamber and the House Republican leadership has opposed attaching any immigration matter to a spending deal.

“I have a feeling that anything that goes with the omnibus is going to be a punt, so I’m not excited about that. That’s not my goal,” Rep. Carlos Curbelo, a Florida Republican who has been one of the loudest voices pushing for a DACA fix on the GOP side, told reporters last week.

In the Senate, Jeff Flake, an Arizona Republican, and Heidi Heitkamp, a North Dakota Democrat, have introduced a bill that would give three-year extension to the DACA program along with three years of border security funding, though that legislation has yet to pick up any momentum and many lawmakers remain hesitant to give up on a more permanent fix. The Senate is also still feeling the residual effect of the failure of a bipartisan group to get 60 votes for a negotiated compromise bill, which suffered from a relentless opposition campaign from the administration. Trump’s preferred bill failed to get even 40 votes, far fewer than the bipartisan group’s.

On the House side of the Capitol, a more conservative bill than even Trump’s proposal has been taking up the focus. The legislation from Judiciary Chairman Bob Goodlatte, a Virginia Republican, and others contains a number of hardline positions and no pathway to citizenship for DACA recipients, and it fails to have enough Republican votes even to pass the House. It is considered dead on arrival in the Senate.

But conservatives in the House, buoyed by the President’s vocal support for the bill, have gotten leadership’s commitment to whip the measure, and leadership has been complying for now. According to lawmakers and sources familiar, House Speaker Paul Ryan, a Wisconsin Republican, talked about the bill in a GOP conference meeting during the House’s short workweek last week, and continued to discuss ways to get enough votes.

Lawmakers estimate that at this point, the measure had somewhere between 150 and 170 votes in its favor, far fewer than the 218 it would need. But the bill’s authors are working with leadership to see whether it can be changed enough to lock up more, even as moderates and Democrats remain skeptical it can get there.

“The vote count is looking better every day,” said Rep. Jim Jordan, a conservative Ohio Republican who has been a vocal advocate for the bill. “I think if leadership puts the full weight of leadership behind it, we can get there. … The most recent report I’ve heard is whip count is getting better.”

Moderate Republicans, however, are holding out hope that the party can move on from that bill and seek something that could survive the Senate and become law.

“Bring up the Goodlatte bill that went through Judiciary. If it does not have 218 votes, then let’s go to the next one that makes sense for DACA,” said Rep. Jeff Denham, a California Republican who has supported a compromise on DACA.

In the meantime, most think DACA recipients will continue in limbo, especially with the courts ensuring that renewals can continue for now.

“It’s good news for people in the DACA program, because they can continue renewing their permits. I have mixed feelings on what it means for us here, because we know this institution sometimes only works as deadlines approach, and now there isn’t a deadline,” Curbelo said.

 

 

 

(Published Sunday)

http://www.cnn.com/2018/03/04/politics/daca-advocacy-push-aclu-trump-immigration/index.html

Advocates target Trump in DACA push ahead of March 5

By: Tal Kopan, CNN

Immigration advocates are unveiling a fresh advocacy campaign on the Deferred Action for Childhood Arrivals program aimed directly at President Donald Trump — even as a March 5 deadline has been rendered toothless and Congress is retreating from action.

The American Civil Liberties Union is launching a six-figure campaign Sunday to keep the issue up front, using digital and TV advertising as well as local protests and targeted messaging.

The campaign is designed to get the President’s attention, using a mix of digital geo-targeting and physical presence.

The ACLU’s national political director, Faiz Shakir, described the theory behind the effort as getting the issue in front of Trump and sending the message that he uniquely can reach a solution if he commits to it.

“I think the one important thing that I feel like we all appreciated and learned about Donald Trump is that he is a person who reacts to headlines. He’s a person who reacts to PR, publicity and attention, and if you’re not in his face on headlines and press, then essentially you’re kind of outside of his scope,” Shakir said in an interview. “Whatever we can do to try to make it a front-and-center, in-front-of-his-face issue, that’s what we’re going to try to do.”

As of Sunday, the ACLU campaign will be on TV screens, in DC cabs, local political newspapers and other outlets, and streaming apps.

The civil liberties group also plans to buy ads on “Fox and Friends,” a show the President regularly watches, and Twitter ads designed to help supporters tweet directly at Trump and get into his Twitter feed, another presidential favorite.

The 30-second ad intersperses clips of Trump saying how much he supports DACA and its recipients with direct calls to action, saying in text directed at the President: “You killed DACA. … Fix what you broke before it’s too late.”

The group will also debut a banner with Trump’s face and a countdown clock to March 5 in front of the White House on Sunday, as well as work to have demonstrators in California when Trump travels to San Diego, perhaps later this month, to see his border wall prototypes.

The campaign demonstrates the long odds of achieving action on DACA in Washington, as well as the loss of meaning for the March 5 deadline. When Trump opted to terminate the program, which protects from deportation young undocumented immigrants who came to the US as children, he planned for the permits to begin expiring after March 5, giving Congress six months to act to make the program permanent.

But court decisions have required the administration to resume renewing the two-year DACA permits indefinitely, and after a failed attempt in the Senate to pass bipartisan legislation over objections from Trump, Congress has retreated from the issue with the deadline no longer offering urgency.

Shakir said the ACLU plans to continue the push in the coming weeks and into November’s elections, urging action however it can send the message.

“We’re trying to find a way to be positive and optimistic to keep the enthusiasm going,” Shakir said. “The court injunctions are helpful in that … we have some hopes that we’ll be able to have months of reprieve, but we don’t know how many months.”

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

I think it’s going to take “regime change.” And, “regime change” takes time and great effort. And, the outcome is always far from certain.

PWS

03-05-18

Related posts:

  1. TAL @ CNN – TOP “KAKISTOCRAT” JEFF SESSIONS ENTHUSIASTICALLY IMPLEMENTS TRUMP’S IMMORAL, OFTEN LAWLESS, AND PROBABLY UNCONSTITUTIONAL WHITE NATIONALIST IMMIGRATION AGENDA – This Should Disabuse Everyone, Including Federal Article III Courts, Of The (Fictional) “Independence” Or “Professional Responsibility” Of The USDOJ!
  2. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  3. TAL @ CNN: ADMINISTRATION “SPLITS A PAIR” OF USDC RULINGS IN CAL. – Blown Out Again On DACA, But A Victory On “The Wall!”
  4. THREE FROM “TIRELESS TAL” @ CNN: 1) First, Salvadoran Women Was Forced To Perform Slave Labor By Salvadoran Guerrillas, Then The BIA Shafted Her; 2) Trump/Sessions Scofflaw Attack On “Sanctuary Cities” Stomped By Yet Another U.S. Judge; 3) GOP Continues Internal Immigration Negotiations!

WHEN EVERYTHING & EVERYBODY IS A PRIORITY, THERE ARE NO PRIORITIES — WHAT “GONZO” IMMIGRATION ENFORCEMENT IS REALLY ABOUT!

At CNN, the “Amazing Tal” has it all for you:

Happy Friday!
Hope you’re battening down the hatches during this Nor’easter.
You may have already seen, but wanted to send you my latest story this morning, a deep dive into immigration arrests.
Have a great weekend and stay safe!
Tal

http://www.cnn.com/2018/03/02/politics/ice-immigration-deportations/index.html

How Trump changed the rules to arrest more non-criminal immigrants
By Tal Kopan, CNN
A businessman and father from Ohio. An Arizona mother. The Indiana husband of a Trump supporter. They were unassuming members of their community, parents of US citizens and undocumented. And they were deported by the Trump administration.
It’s left many wondering why the US government is arresting and deporting a number of individuals who have often lived in the country for decades, checked in regularly with immigration officials and posed no danger to their community. Many have family members who are American citizens, including school-aged children.
President Donald Trump famously said in a presidential debate that his focus is getting the “bad hombres” and the “bad, bad people” out first to secure the border, but one of his first actions after taking office was an executive order that effectively granted immigration agents the authority to arrest and detain any undocumented immigrant they wanted.
Where the Obama administration focused deportation efforts almost exclusively on criminals and national security threats, as well as immigrants who recently arrived illegally, the Trump administration has also targeted immigrants with what are called final orders of removal — an order from a judge that a person can be deported and has no more appeals left.
In Trump’s first year, US Immigration and Customs Enforcement arrested 109,000 criminals and 46,000 people without criminal records — a 171% increase in the number of non-criminal individuals arrested over 2016.
The Trump administration regularly says its focus is criminals and safety threats, but has also repeatedly made clear that no one in the country illegally will be exempted from enforcement.
“We target criminal aliens, but we’re not going to exempt an entire class of (non)citizens,” Department of Homeland Security spokesman Tyler Houlton told reporters Wednesday.
“All of those in violation of immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States,” ICE spokeswoman Sarah Rodriguez added in a statement.
Critics say including people with decades-old final orders of removal as priorities is more about boosting numbers by targeting easily catchable individuals than about public safety threats.
“A final order of removal is absolutely not indicative of a person’s threat to public safety,” said former Obama administration ICE chief and DHS counsel John Sandweg. “You cannot equate convicted criminals with final orders of removal.”
Sandweg said that people with final orders, especially those who are checking in regularly with ICE, are easy to locate and can be immediately deported without much legal recourse. Identifying and locating criminals and gang members takes more investigative work.
There are more than 90,000 people on so-called orders of supervision who check in regularly with ICE officials, according to the agency. And there are more than 1 million who have removal proceedings pending or who have been ordered to leave the country but have not.
As a result of the change in ICE policy, headlines about heart-wrenching cases of deportation separating children from parents or caregivers have been a regular occurrence.
The story of Amer Adi, an Ohio businessman who lived in the US nearly 40 years, and has a wife and four daughters who are all American citizens, drew national media coverage last month. Through a complicated dispute about his first marriage, Adi lost his status and was ordered deported in 2009, but ICE never opted to remove him from the country. His congressman even introduced a bill to protect Adi, saying he was a “pillar” of the community, but last fall, ICE told Adi to prepare to be deported.
At a check-in on January 15, he was taken into custody and not allowed to see his family before being put on a plane back to his home country of Jordan on January 30.
“We shouldn’t spend one penny on low-hanging fruit,” said Sarah Saldana, the most recent director of ICE before Trump’s inauguration. “What we should be spending money is on getting people who are truly a threat to public safety.”

‘ICE fugitives’
The Trump administration has subtly blurred the distinction between criminals and those with final orders of removal, which is a civil, not criminal charge.
ICE has combined “ICE fugitives” — people who have been ordered to leave the country but haven’t yet — with convicted criminals who have pending criminal charges and reinstated final orders of removal, allowing the agency to say 92% of those arrested under Trump had criminal convictions or one of the other factors — when the number with criminal records is closer to 70%.
With an estimated 11 million undocumented immigrants in the US, ICE has typically had resources to arrest and deport only roughly 150,000-250,000 individuals per year — requiring the agency to make choices about who to prioritize to proactively seek out for arrest.
ICE says its mission is carrying out the law and that it “must” deport these individuals.
“The immigration laws of the United States allow an alien to pursue relief from removal; however, once they have exhausted all due process and appeals, they remain subject to a final order of removal from an immigration judge and that order must be carried out,” said Rodriguez. “Failing to carry out final orders of removal would be inconsistent with the entire federal framework of immigration enforcement established by Congress, and undermine the integrity of the US immigration system.”
Administration officials also argue the publicizing of these cases sends a message to would-be border crossers that undocumented immigrants are never safe in the US, even when sympathetic.
“If we don’t fix these loopholes, we’re going to entice others to make that dangerous journey,” ICE Director Tom Homan told the President at a roundtable earlier last month. “So it’s just not about law enforcement, it’s about saving lives.”

Limited resources
But Saldana and other former immigration officials question the prudence of going after that population indiscriminately, saying it diverts resources from more serious security concerns.
If 20 officers are assigned to identify targets with final orders, “those are 20 officers who won’t be out focused on finding gang members or criminals,” said Bo Cooper, a career official who served as general counsel of ICE’s predecessor, the Immigration and Naturalization Service, under Presidents Bill Clinton and George W. Bush.
“When there are a finite amount of resources, choices you make come at the expense of other choices,” Cooper said. “It really is a significant policy choice.”
Sandweg said the Obama administration in 2014 changed its priorities to move away from those with old removal orders in order to give itself more resources to pick up targets from jails, which can be hours away from ICE offices, when they get word that a criminal could be detained on immigration charges.
Sandweg and Cooper noted that other law enforcement agencies also prioritize — the Drug Enforcement Administration doesn’t bother with low-level marijuana possession, but focuses on cartels, Sandweg said — and it’s a part of agency culture.
“Setting enforcement priorities is not micromanagement, that’s what every law enforcement agency does,” agreed Cooper.
As for whether ICE was handcuffed during the Obama era, Saldana said that even in Trump’s executive order, there is room for discretion.
“That’s silly,” Saldana said. “Can you imagine having 11, 12 million in the system? The cost would be extraordinary, so you have to make priorities and work that way. … You can’t sweep everybody into one category. Not everyone is a contributor to society, and not everyone is a criminal.”

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Homan’s shtick about “saving lives” is as preposterous as it is insulting! The “dangers” of seeking to come to the US actually are well known by those making the journey. Whether they are educated or not, they are smart, brave, resourceful people — the kinds of folks we actually could use more of in America.

What Homan and others (including some of the jurists at all levels hearing these cases and getting the results wrong) fail to recognize is that the dangers of remaining in failed states controlled by gangs and corrupt politicos is much greater than the dangers of the journey and the chance of being returned. That being the case, folks have been coming and will continue to come, no matter how nasty and arbitrary we are and no matter how much we mock our Constitution, our own laws on asylum and protection, and the international standards to which we claim adherence.

Too many of those being returned were denied relief under arcane legal standards even when the judges hearing the cases acknowledged that they had established a likelihood of persecution or death upon return. But, they failed to show a “nexus to a protected ground” or “government acquiescence” as those terms are often intentionally restrictively defined by the BIA and some courts.

I know that I had such cases, and I can’t say as anyone ever understood why I was sending them back to possible severe harm or death. Homan and others like him don’t actually have to pronounce such judgments on other human beings face to face as do U.S. Immigration Judges. Neither do the Appellate Immigration Judges sitting in the “BIA Tower” in Falls Church, VA for that matter!

But, the DHS always has discretion as to whether to execute such an order. How on earth does sending productive members of our society and others who have committed no crimes back to be killed, extorted, raped, or forced to join gangs “save lives.” What total hypocrisy!

Indeed, the only “message” we’re actually sending to such folks is that they might as well join the gangs because their lives don’t matter to us. There will be a reckoning for such attitudes for Homan and others some day, even if its only that the judgement of history and the shame of future generations for their lack of empathy, intellectual honesty, common sense, and humanity!

We can diminish ourselves as a nation, but that won‘t stop human migration!

PWS

03-03-18

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. JOURNAL ON MIGRATION & HUMAN SOCIETY (“JMHS”) PUBLISHES MY TRIBUTE TO JUAN OSUNA (1963-2017): “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era”

TAL @ CNN: ADMINISTRATION “SPLITS A PAIR” OF USDC RULINGS IN CAL. – Blown Out Again On DACA, But A Victory On “The Wall!”

http://www.cnn.com/2018/02/27/politics/daca-revocation-ruling/index.html

 

Court hands DACA recipients another victory

By: Catherine E. Shoichet and Tal Kopan, CNN

Young immigrants brought illegally to the United States as children have won another legal victory.

A federal judge in California ruled Monday that the government can’t revoke DACA recipients’ work permits or other protections without giving them notice and a chance to defend themselves.

The ruling in a California district court marks the third time a lower court has ruled against the administration’s handling of the Deferred Action for Childhood Arrivals program. But this case, unlike the others, is not about President Donald Trump’s September decision to end the program.

US District Judge Philip Gutierrez’s preliminary injunction Monday addressed another aspect: government decisions to revoke protections from individual DACA recipients.

The Obama-era DACA program protected young immigrants brought illegally to the United States from deportation if they met certain criteria, paid fees, passed background checks and didn’t commit serious crimes.

The Trump administration announced it was ending the program last year, arguing that it was unconstitutional. A series of recent lower court rulings have thwarted that effort, requiring the government to continue renewing permits under the program while legal challenges make their way through the courts. On Monday, the US Supreme Court said it was staying out of the dispute for now.

Meanwhile, activists across the country have increasingly criticized government decisions to end DACA protections in individual cases.

Monday’s ruling came in a class action lawsuit filed by the American Civil Liberties Union. The suit  argues that the government had revoked protections from DACA recipients who hadn’t been convicted of serious crimes without giving them any opportunity to defend themselves.

An example: Officials revoked the work permit of one of the plaintiffs, Jesus Arreola, after he was arrested on suspicion of immigrant smuggling. An immigration judge later found that allegation wasn’t credible, according to the ACLU’s complaint. Arreola says he was an Uber and Lyft driver who had picked up passengers for a friend without any knowledge of their immigration status.

Attorneys representing the government argue that the plaintiffs had “misused the trust given to them with the administrative grace of DACA.”

The judge said the Department of Homeland Security must restore protections to the group of DACA recipients who had them revoked “without notice, a reasoned explanation, or any opportunity to respond.”

The ruling also temporarily blocks officials from revoking DACA protections from others without following a procedure “which includes, at a minimum, notice, a reasoned explanation, and an opportunity to be heard prior to termination.”

The Justice Department did not immediately respond to a request for comment about Monday’s ruling.

According to DHS, officials had revoked or terminated 2,139 individuals’ DACA protections over the lifetime of the program as of August 2017.

The ruling came the same day the Supreme Court said it would stay out of the dispute over the termination of DACA for now, leaving renewals under the program in place for at least months.

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

http://www.cnn.com/2018/02/27/politics/border-wall-ruling-curiel/index.html

Judge Curiel, once attacked by Trump, rules border wall can proceed

By Tal Kopan, CNN

(CNN)US District Judge Gonzalo Curiel has cleared one potential obstacle to President Donald Trump’s long-promised border wall, ruling Tuesday that the administration has the authority to waive a host of environmental laws and other regulations to begin construction.

Curiel’s 100-page order does not mean construction of the wall will begin immediately. Congress has yet to authorize or provide funding for any new wall to begin the project. Thus far, the Department of Homeland Security has built several prototypes in San Diego — which was the focus of the lawsuit Curiel rejected.
Still, the ruling is a win for the administration as it seeks to get money to build its wall, a centerpiece of Trump’s campaign.
Curiel’s ruling left little doubt that the DHS has broad authority to issue waivers — authorized in a cluster of laws passed by Congress in the mid 1990s to 2000s — to expedite the construction of border barriers and infrastructure. His lengthy ruling went point-by-point through the challenges to DHS’ authority brought by environmental groups and the state of California and rejected all of them.
Judge criticized by Trump will hear case on border wall
Judge criticized by Trump will hear case on border wall
Curiel was famously the target of Trump’s ire when he presided over a lawsuit against Trump University, which was ultimately settled after Trump won the White House.
Trump drew fierce criticism in June 2016 when he said that Curiel, who was born in Indiana, was biased against him due to his Mexican heritage.
In his ruling Tuesday, Curiel noted that the border wall is a highly contentious issue under this administration but said he did not factor that into his decision.
“The court is aware that the subject of these lawsuits, border barriers, is currently the subject of heated political debate in and between the United States and the Republic of Mexico as to the need, efficacy and the source of funding for such barriers,” Curiel wrote. “In its review of this case, the Court cannot and does not consider whether underlying decisions to construct the border barriers are politically wise or prudent.”
Not just Trump's idea: A short history on famous walls and the environment
Not just Trump’s idea: A short history on famous walls and the environment
The groups had challenged DHS’ move to expedite construction of the prototypes and replacement fencing in San Diego on a number of grounds. The collection of lawsuits from the environmental advocacy organizations and the state of California argued that the Trump administration’s waiver wasn’t allowed by the law that created the overarching authority and that the authority itself violated the Constitution.
Curiel rejected each argument, saying the law and the nature of the border clearly give the DHS broad authority to build border barriers.
“Both Congress and the Executive share responsibilities in protecting the country from terrorists and contraband illegally entering at the borders. Border barriers, roads, and detection equipment help provide a measure of deterrence against illegal entries,” Curiel wrote. “With section 102, Congress delegated to its executive counterpart, the responsibility to construct border barriers as needed in areas of high illegal entry to detect and deter illegal entries. In an increasingly complex and changing world, this delegation avoids the need for Congress to pass a new law to authorize the construction of every border project.”
In addition to pro-immigration and civil liberties groups, environmental groups have opposed the construction of Trump’s border wall on the grounds that it would disturb sensitive wildlife and ecosystems.
One section of Trump’s proposed wall in Texas would run through a wildlife preserve.

Where border rhetoric meets reality

The Justice Department, meanwhile, hailed the ruling.
“Border security is paramount to stemming the flow of illegal immigration that contributes to rising violent crime and to the drug crisis, and undermines national security,” said spokesman Devin O’Malley. “We are pleased DHS can continue this important work vital to our nation’s interests.”
One of the groups challenging the wall said it intended to appeal the decision.
“We intend to appeal this disappointing ruling, which would allow Trump to shrug off crucial environmental laws that protect people and wildlife,” said Brian Segee, a senior attorney at the Center for Biological Diversity. “The Trump administration has completely overreached its authority in its rush to build this destructive, senseless wall.”
California Attorney General Xavier Becerra said in a statement that he was considering his options.
“We remain unwavering in our belief that the Trump Administration is ignoring laws it doesn’t like in order to resuscitate a campaign talking point of building a wall on our southern border,” Becerra said. “We will evaluate all of our options and are prepared to do what is necessary to protect our people, our values, and our economy from federal overreach. A medieval wall along the US-Mexico border simply does not belong in the 21st century.”
The waiver authority to build barriers along the border has been used a number of times dating back to the George W. Bush administration, and it has been upheld by the courts every time it has been challenged.
Trump is scheduled to visit the border wall prototypes next month.

CNN’s Sara Sidner and Devan Cole contributed to this report.

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

I guess even Gonzo can’t lose ’em all.  But, he certainly hasn’t taken his last beating on his counterproductive, ill-conceived, and wasteful “War on Dreamers.”

PWS

02-28-18

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  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

“GO POUND SAND” SUPREMES TELL TRUMP & SESSIONS ON DACA – HIGH COURT STIFFARMS DOJ’S FRIVOLOUS TRY TO END RUN LEGAL PROCESS!

https://www.cnn.com/2018/02/26/politics/daca-supreme-court/index.html

\

 

Ariane de Vogue and Tal Kopan report for CNN”

“Washington (CNN)The Supreme Court said on Monday that it will stay out of the dispute concerning the Deferred Action for Childhood Arrivals program for now, meaning the Trump administration may not be able to end the program March 5 as planned.

The move will also lessen pressure on Congress to act on a permanent solution for DACA and its roughly 700,000 participants — undocumented immigrants who came to the US as children.
Lawmakers had often cited the March 5 deadline as their own deadline for action. But the Senate failed to advance any bill during a debate earlier this month, and no bipartisan measure has emerged since.
Originally, the Trump administration had terminated DACA but allowed a six-month grace period for anyone with status expiring in that window to renew. After that date, March 5, any DACA recipient whose status expired would no longer be able to receive protections.
Monday’s action by the court, submitted without comment from the justices, is not a ruling on the merits of the DACA program or the Trump administration’s effort to end it.
At issue is a ruling by federal District Judge William Alsup of the US District Court for the Northern District of California, who blocked the plan to end DACA and held that the Trump administration must resume accepting renewal applications. The action means the case will continue going through the lower courts.
Alsup said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”
“Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States,” he wrote.
The 9th US Circuit Court of Appeals has generally allowed nationwide injunctions against the Trump administration actions from lower court judges under this President to stand, meaning the DACA program could be spared a year or more until the Supreme Court could take up the case in next year’s term, given the likely realities of the calendar.
Justice Department spokesman Devin O’Malley said the administration’s appeal to the Supreme Court was an uphill climb, given it came before the 9th Circuit ruled.
“While we were hopeful for a different outcome, the Supreme Court very rarely grants certiorari before judgment, though in our view, it was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA,” O’Malley said. “We will continue to defend DHS’s lawful authority to wind down DACA in an orderly manner.”
University of Texas professor law and CNN legal analyst Stephen Vladeck said justices normally don’t weigh in at this stage.
“The justices have not granted such a request since 2004, but the government claimed that the urgency of settling the legal status of DACA, and the potential for nationwide confusion, justified such an extraordinary measure,” Vladeck said.”
***********************************
Good news for America on a number of fronts:
  • DACA immigrants get to keep their status and work authorization for now. While the Administration claimed (disingenuously) that removal of DACA recipients would not be a “priority,” loss of DACA status would mean loss of work authorization (and therefore jobs) for many and loss of in-state tuition eligibility for college for others. Thus, they would have been driven “into the underground.” Honest employers who insisted on following work authorization laws would have been penalized by loss of important, talented workers. Meanwhile, unscrupulous employers willing to overlook lack of work authorization or pay “under the table” at substandard wages would have been empowered by the Administration’s bone-headed actions to exploit Dreamers and U.S. workers alike.
  • Supremes rebuffed the arrogant Trump/Sessions attitude of entitlement. Whatever their disingenuous explanations might be today, in attempting to circumvent the Courts of Appeals to the Supremes, the Administration basically was touting that the GOP had “bought and paid for” five seats on the Supremes and that they expected their “wholly-owned Justices,” including of course the recently appointed Justice Gorsuch, to deliver on their demand for unprecedented special treatment. By forcing the Administration to follow the rules like everyone else, at least for now, the Supremes maintained some degree of dignity and judicial independence in the context of an Administration that publicly holds itself above the law and states that the only acceptable role of Federal Judges (particularly GOP appointees) is to “rubber stamp” Administration positions.
  • Litigation in the Courts of Appeals will further expose the absurdity of Session’s “legal position” on DACA. In the DACA litigation, the DOJ is incredibly asking the Federal Courts to invalidate the Executive’s own legal authority to exercise prosecutorial discretion on a consistent and disciplined basis. While courts have acknowledged that there are likely ways in which the Administration could go about terminating DACA, claiming that it is “illegal” isn’t one of them. Session’s bogus claim that an Administration doesn’t have authority to exercise prosecutorial discretion on a widespread basis is both disingenuous and absurd on its face. Obviously, this Administration has already chosen to exercise lots of prosecutorial discretion not to enforce environmental, health care, civil rights, ethics, and other “laws on the books” when it suited their purposes.
  • If the lower court rulings stand, Trump will have difficulty coming up with a “rational reason” to terminate DACA “on the merits.” Trump himself, as well as other Administration officials and politicos from both parties have widely and publicly praised DACA youth and their contributions to the United States. There is neither a legal nor a rational basis for terminating DACA. While Trump & Sessions might well attempt to do so, those attempts are also likely to be tied up in the Federal Courts for a long time. DACA created “settled expectations” on the part of the recipients, their employers, their schools, and even their U.S. families of continuing ability to, at a minimum, remain, work, and study in the United States, assuming continued “good behavior.” In my long experience in Government, Federal Courts have more often than not been anxious to find ways to protect such “settled expectations.”
  • Congress was going to “punt” on DACA anyway. I detected little if any interest on the part of GOP “leadership” in the House and Senate to fix DACA on a temporary or permanent basis for now. It’s going to take “regime change” —  eventually replacing recalcitrant GOP legislators with Democrats more interested in governing in the public interest, including solving the Dreamer issue on a long-term basis (without otherwise damaging our permanent immigration system or further enabling lawless behavior by DHS). That’s going to take time, just like the litigation. In this case, time is the Dreamer’s and the bulk of America’s friend.

PWS

02-26-18

 

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  2. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  3. DANA MILBANK @ WASHPOST: KIRSTJEN NIELSEN IS A BUREAUCRATIC SUPER SYCOPHANT! – Duh! Why Do You Think She Got The Job?
  4. PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!

TRUMP ON PACE TO DEPORT ALL 11 MILLION UNDOCUMENTED AMERICANS BY 2070!

Tal Kopen reports for CNN:

http://www.cnn.com/2018/02/23/politics/trump-immigration-arrests-deportations/index.html

 

“Arrests of immigrants, especially non-criminals, way up in Trump’s first year

By Tal Kopan, CNN

In his first year in office, President Donald Trump’s administration’s arrests of immigrants — especially those without criminal convictions — were up substantially, but actual deportations lagged behind his predecessor, according to statistics released Friday.

The jump corresponds to Trump’s central pledge to crack down on illegal immigration, at least in terms of casting a wide net to catch undocumented or deportable immigrants.

Days after being inaugurated, one of Trump’s first actions was to release immigration agents of specific prioritization of who to go after, giving them wide discretion to target almost any undocumented immigrant as a priority.

According to new data from Immigration and Customs Enforcement, there was a 41% increase in the number of undocumented immigrants who were arrested by the agency in 2017 compared to 2016.

But the increase was driven by the agency arresting a significantly higher rate of immigrants without a criminal background. While the share of criminals arrested was up 17%, there was an increase 10 times that — of 171% — in the share of non-criminals arrested.

ICE had previously released fiscal year data, but on Friday released additional numbers from the last three months of 2017 as well, allowing for the year-to-year comparison.

In 2017, ICE made routine arrests of more than 155,000 immigrants, 30% of whom were not criminals. The final three months of the year, the rate of non-criminals arrested was even higher, at 35%.

That number was far lower, though, in 2016. That year the Obama administration arrested almost 110,000 immigrants, nearly 16% of whom were not criminals. In 2014, Obama’s Department of Homeland Security set priorities for ICE that focused first on serious criminals and national safety threats, followed by other public safety threats and immigrants who had recently had an order of deportation signed.

Unlike the increased arrests, at the end of 2017, deportations continued to lag behind the Obama administration’s pace, despite Trump’s repeated pledges to get undocumented immigrants “out” of the country.

In 2017, the administration deported nearly 215,000 immigrants, 13% fewer than the nearly 250,000 deported in 2016. The percentage of those individuals who were non-criminals was steady at just over 40%.

Deportations are a complex statistic to compare, however, because it can take many years to work an individual case through the immigration courts. The administration has also cited a decrease in the number of people apprehended at the border as part of the lagging numbers.”

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

While “Gonzo” immigration enforcement is demonstrably bad for America, the good news here is that the pace at which it is proceeding insures its own ultimate failure.  That’s great news for America and our future!

If Trump, Sessions & Co were actually able to remove all 11 million so-called “undocumented” Americans tomorrow, the American agriculture, hospitality, technology, construction, dairy, teaching, health care, child care, technology, restaurant, and sanitation industries, to name just a few, would cease to function, thus throwing our country into an economic and social tailspin from which we likely would never recover. When you are being governed by idiots, sometimes your only protection is in the idiocy and self-defeating nature of their own policies.

PWS

02-26-18

Related posts:

  1. 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!
  2. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  3. 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.”
  4. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”

SENATORS REACH BIPARTISAN AGREEMENT, BUT TRUMP APPEARS TO HAVE KILLED ANY REALISTIC CHANCE OF DREAMER LEGISLATION FOR THE FORSEEABLE FUTURE – DREAMERS FUTURE LIKELY TO BE LEFT IN HANDS OF COURTS, LAWYERS, & THEIR OWN SURVIVAL SKILLS! – Tal Kopan & Daniella Diaz Report for CNN!

https://www.cnn.com/2018/02/15/politics/immigration-bipartisan-plan-congress-daca/index.html

 

“Washington (CNN)A group of bipartisan senators struck a deal on an immigration compromise, but it’s unclear whether it will garner the 60 votes it needs to advance the legislation in the Senate.

The bill would offer nearly 2 million young undocumented immigrants who came to the US as children before 2012 a path to citizenship over 10 to 12 years.
White House says Trump will veto bipartisan immigration deal
White House says Trump will veto bipartisan immigration deal
The plan would also place $25 billion in a guarded trust for border security, would cut a small number of green cards each year for adult children current US green card holders, and would prevent parents from being sponsored for citizenship by their US citizen children if the children gained citizenship through the pathway created in the bill or if the parents brought the children to the US illegally.
Even with the fanfare of its release, the prospects of the bipartisan bill, with the lead sponsors being Sens. Mike Rounds, R-South Dakota, and Angus King, I-Maine, looked dim on Thursday.
To get 60 votes, the bill would need all 49 Democratic votes and 11 Republicans — plus more Republicans for any Democratic defections.
At its release, the bill had eight Republican co-sponsors, but among the small handful of remaining Republicans who had voted for immigration reform compromises in the past, some were already skeptical on the bill or outright no votes.
Democrats on the left were still reviewing the bill, with some vote counters believing at least a few would defect. California Democrat Kamala Harris, a 2020 prospect, was still reviewing the bill, her office said. New Jersey Sen. Bob Menendez, a key member of the Congressional Hispanic Caucus in the Senate, was likely to support this bill, his office said.
Here’s a look at the breakdown for the votes on the bill:

Republicans voting no

Sen. Bob Corker (Tennessee) — “Senator Corker does not plan to support Rounds-King,” according to his spokesperson.
Sen. James Lankford (Oklahoma) — Will not support the bill.
Sen. Chuck Grassley (Iowa) — Will not support the bill.
Sen. Thom Tillis (North Carolina) — Told supporters he will not support the bill.
Sen. Shelley Moore Capito (West Virginia) — Will not support the bill.

Republicans voting yes

Sen. Mike Rounds (South Dakota) — Will support the bill.
Sen. Susan Collins (Maine) — Will support the bill.
Sen. Lindsey Graham (South Carolina) — Will support the bill.
Sen. Jeff Flake (Arizona) — Will support the bill.
Sen. Cory Gardner (Colorado) — Will support the bill.
Sen. Lisa Murkowski (Alaska) — Will support the bill.
Sen. Lamar Alexander (Tennessee) — Will support the bill.
Sen. Johnny Isakson (Georgia) — Will support the bill.

Republicans leaning no

Sen. Orrin Hatch (Utah) — “Senator Hatch has spoken extensively about what he believes needs to be part of the path forward on immigration and is reviewing the current proposals. He wants to support a proposal that not only can pass the House, but that can be signed into law by the President,” his spokesperson said.

Republicans on the fence

Sen. Marco Rubio (Florida) — Said on Fox News he’s “open” to voting for the bill.
This story will be updated.

CNN’s Lauren Fox, Ted Barrett and Ashley Killough contributed to this report.”

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

White House interference appears to have “tanked” the “great Senate debate” before it even began. Actually, pretty predictable.

PWS

02-15-18

Related posts:

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  3. TAL @ CNN – TOP “KAKISTOCRAT” JEFF SESSIONS ENTHUSIASTICALLY IMPLEMENTS TRUMP’S IMMORAL, OFTEN LAWLESS, AND PROBABLY UNCONSTITUTIONAL WHITE NATIONALIST IMMIGRATION AGENDA – This Should Disabuse Everyone, Including Federal Article III Courts, Of The (Fictional) “Independence” Or “Professional Responsibility” Of The USDOJ!
  4. TAL @ CNN: ADMINISTRATION “SPLITS A PAIR” OF USDC RULINGS IN CAL. – Blown Out Again On DACA, But A Victory On “The Wall!”

DREAMERS: THE UGLY TRUTH COMES OUT — ADMINISTRATION UNLEASHES AN ALL-OUT XENOPHOBIC, WHITE NATIONALIST, “GONZO” “FACT-FREE” ATTACK ON DREAMERS, IMMIGRANTS, AND AMERICA’S FUTURE IN A DESPERATE ATTEMPT TO UNDERMINE BIPARTISAN IMMIGRATION REFORM! – Tal @ CNN Reports!

“White House goes all out to stop bipartisan immigration deal

By Tal Kopan, CNN

The Trump administration is working Thursday to kill a bipartisan deal on immigration that could be the best chance to get a bill through the Senate.

The White House is “actively considering issuing a veto threat” against the bipartisan immigration bill Thursday morning, a senior administration official said.

Attorney General Jeff Sessions derided the legislation in remarks to a national sheriff’s association.

“This is open borders and mass amnesty and the opposite of what the American people support,” Sessions claimed about the bill, according to prepared remarks. “This amendment — plain as day — will invite a mad rush of illegality across our borders.”

Department of Homeland Security Secretary Kirstjen Nielsen is also making calls to lawmakers to urge them to reject the bill, or potentially even revoke their sponsorship of it, according to an administration official.

And in a statement released late Wednesday night, the Department of Homeland Security had tough words for the plan, calling it “the end of immigration enforcement in America.”

The legislation from a group of 16 bipartisan senators would offer nearly 2 million young undocumented immigrants who came to the US as children before 2012 a path to citizenship over 10 to 12 years.

The plan would also place $25 billion in a guarded trust for border security, would cut a small number of green cards each year for adult children of current green card holders, and would prevent parents from being sponsored for citizenship by their US citizen children if that child gained citizenship through the pathway created in the bill or if they brought the child to the US illegally.

The administration statements riled up co-sponsors of the bill, who said the White House and allies have “lost credibility” by criticizing a bipartisan agreement.

“With their press release this morning, it seems as if DHS is intent on acting less like a partner and more like an adversary,” said Sen. Lindsey Graham, R-South Carolina. “Instead of offering thoughts and advice — or even constructive criticism — they are acting more like a political organization intent on poisoning the well. From the tone of this morning’s document, it appears as if DHS hopes all border security proposals fail. That would be the worst outcome of all.”

One provision the Department of Homeland Security particularly objected to would direct it to focus its arrests and deportations on criminals and newly arrived immigrants. The Trump administration has virtually removed all prioritization of arresting and deporting immigrants. It has targeted individuals with final deportation orders, some years and decades old, drawing criticism for deporting longtime members of communities with US citizen families.

“The Schumer-Rounds-Collins proposal destroys the ability of the men and women from the Department of Homeland Security (DHS) to remove millions of illegal aliens,” DHS said in a statement. “It would be the end of immigration enforcement in America and only serve to draw millions more illegal aliens with no way to remove them.

“The changes proposed by Senators Schumer-Rounds-Collins would effectively make the United States a Sanctuary Nation where ignoring the rule of law is encouraged,” the agency added.

President Donald Trump has backed a plan to give 1.8 million undocumented people who came to the US as children citizenship with $25 billion in border security, host of hardline enforcement power requests, substantially cutting family-based migration and ending the diversity visa lottery.

DHS called the bipartisan proposal an “egregious violation” of what the President has wanted.

The White House proposal has been introduced by Republican senators and is expected to be well below the 60 votes needed to advance.

Both proposals are expected to get a vote in the Senate on Thursday.”

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

Hang tough, Dems! Don’t sell out to outrageous lies, racism, and xenophobia!

PWS

02-15-18

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  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
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TAL @ CNN – STATUS OF PARENTS STICKING POINT IN SENATE DREAMER NEGOTIATIONS

http://www.cnn.com/2018/02/14/politics/daca-parents-flashpoint/index.html

 

DACA parents become flashpoint in negotiations

By: Tal Kopan, CNN

As the debate over the Deferred Action for Childhood Arrivals program goes down to the wire, the parents of the young undocumented immigrants affected — not the recipients themselves — may be the trickiest flashpoint.

Negotiations on a bipartisan Senate plan have been thorny on the issue of what to do about the parents, according to sources familiar with the group’s discussions, and comments from lawmakers. And threading the needle could be the difference on whether it can get 60 votes.

“If you deal with the parents now, you lose a lot of Republicans. If you try to do the breaking chain migration now, you lose a lot of Democrats,” South Carolina’s Republican Sen. Lindsey Graham said of the talks. “We’re going to say that parents can’t be sponsored by the Dream Act child they brought in illegally.”

According to a draft of the bipartisan deal obtained by CNN, the compromise would prevent parents from being sponsored for citizenship by their children if the children received citizenship through the pathway created by the bill or if the parents brought them to the US illegally. That leaves Democrats grappling with the idea that they may have to trade protections for DACA immigrants for a penalty for their parents, who brought them to the US illegally.

“I don’t like that part,” Hawaii’s Democratic Sen. Mazie Hirono said, leaving a meeting of Democrats where they were briefed on the bill, though she indicated she may be able to accept it as a compromise.

At issue are laws that allow US citizens to sponsor family members for eventual citizenship, including parents.

The Trump administration and allies have seized on the issue of family-based migration as a wedge, arguing that all forms of family sponsorship except spouses and minor children should be cut.

But even Republican moderates who don’t support that position are concerned about the implications for parents of recipients of DACA.

If eligible young immigrants are granted a path to becoming citizens in roughly a decade, as per most proposals, that could allow them to sponsor their parents down the road — though experts say it’s not that simple.

Conservatives object to the notion that parents who came here illegally could eventually be rewarded with citizenship.

In a call with reporters on Wednesday, a White House official said that without blocking parental sponsorship for people who came to the US illegally with their children, a deal “would massively incentivize” more illegal immigration and would create a “perverse incentive of adult illegal immigrants to (not) enter illegally without their children.”

How to do it is tricky. Lawmakers agree it’s impossible to create a class of citizen that has different rights than others, so that leaves either cutting parental sponsorship for all citizens, a massive cut to current legal immigration or specifically addressing parents of DACA immigrants.

Advocates and experts point out that it’s false to claim that a DACA pathway would quickly, or even easily, allow parents to get citizenship.

The law already requires that individuals who came to the US illegally and have been here without status for more than a year — statistically a substantial majority of DACA parents — are required to return to their home countries for at least 10 years before they can apply for green cards. Nothing in proposed legislation would remove that requirement, which would come after a 10- to 12-year waiting period for the children.

After that, all of those individuals would still have to meet other requirements on all green card applicants, including clean criminal records and being able to prove they could support themselves once here. Advanced age can be used as a factor to reject immigrants on the latter grounds.

William Stock, a partner at Klasko Immigration Law Partners and the former president of the American Immigration Lawyers Association, said “nearly all” DACA parents would have trouble becoming citizens even with a bill because of the 10-year penalty.

“If they didn’t have to deal with the 10-year bar, they would have done it already,” Stock said. “They wouldn’t be undocumented, because they could have found some way (to legalize their status.)”

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

How screwed up is U.S. Immigration policy under Trump and the GOP?

Under a rational policy, we would not only legalize the “Dreamers” and give them a path to citizenship, but also eliminate the stupid, cruel, and ineffective (actually counterproductive) 10-year bar. Then, over time, as the Dreamers naturalized (five or more years down the line from any green card) they could petition for their parents, and gradually, those who were still alive could gain legal status.  Pretty much another win-win. Parents of “Dreamers” are almost all good, hard-working folks who took risks and “put it all on the line” for their kids’ futures. Basically “salt of the earth.”What better people could you want for fellow citizens? And the parents who are already here are basically supporting the rest of us with their work.

But, when one side of the “debate” is driven by bias, racism, xenophobia, White Nationalism, bogus narratives, and fake statistics, well, you get folks like the immigration restrictionists and the mess we have today. We’d do much better if we just incorporated all the good folks who are already here into our society over time and moved forward as a united country. That would be common sense, enlightened self-interest, and basic human decency. Not in the restrictionists’ play book, I’m afraid. But, someday we’ll either get to that point, in spite of the restrictionists, or perish as a viable nation. That’s why Putin loves Trump and the GOP so much. America’s worst enemies are his best friends!

PWS

02-14-18

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  3. TAL @ CNN – TOP “KAKISTOCRAT” JEFF SESSIONS ENTHUSIASTICALLY IMPLEMENTS TRUMP’S IMMORAL, OFTEN LAWLESS, AND PROBABLY UNCONSTITUTIONAL WHITE NATIONALIST IMMIGRATION AGENDA – This Should Disabuse Everyone, Including Federal Article III Courts, Of The (Fictional) “Independence” Or “Professional Responsibility” Of The USDOJ!
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TAL & CO @ CNN: SENATE IMMIGRATION DEBATE KICKS OFF

http://www.cnn.com/2018/02/12/politics/immigration-debate-advances-one-week/index.html

Republican leaders say Senate immigration debate may end Thursday
By Tal Kopan, Ted Barrett and Lauren Fox, CNN
Senate Republicans on Monday night declared they would only allow immigration to be on the Senate floor for one week — pressuring Democrats to show their hand as the Senate inched closer to opening its debate.
Senators took a key step toward opening debate on immigration Monday evening, kicking off an exercise with little modern precedent that could affect millions of lawful and undocumented immigrants. The procedural vote, which passed 97-1, allows the Senate to next vote to officially open debate — a vote expected on Tuesday.
But Senate Republican leadership said Democrats would have to act fast if they wanted to offer proposals.
“This is Sen. (Dick) Durbin and Democrats’ opportunity and so far they kind of seem to be a little confused about what they’re planning on doing — but they better get it done quick because it’s this week or not at all,” said Senate Majority Whip John Cornyn.
“We need to get it wrapped up by Thursday,” Cornyn said.
Just an hour previous, Cornyn had told reporters the opposite, saying: “We could do it this week if there is cooperation. If there is not, it might take longer.”
A GOP leadership aide said Republicans want to light a fire under Democrats and get them to release their amendments. GOP leaders are worried Democrats want to drag out the debate for “weeks and weeks.”
“That’s the plan,” said GOP leadership member Sen. John Barrasso when asked if this would be finished this week. He added that “Democrats have been waiting for this for a long time. They were promised we’d go to the floor with this and it’s now on the floor.”
Aides and lawmakers were unsure of any agreements on proceeding expeditiously. Without unanimous agreement from all senators, each amendment could take hours to consider. It was also unclear how far afield amendments would get, and if senators would be able to offer proposals on any provision of immigration or just the four pillars being proposed by President Donald Trump: border security, broadly defined to included physical security and enforcement powers; ending the diversity visa lottery; curtailing family-based migration; and a permanent solution for the Deferred Action for Childhood Arrivals program, the policy that allowed undocumented immigrants brought to the US as children to stay in the country and that Trump has decided to end.
Negotiators hope to have plan Tuesday
Democrats and moderate Republicans negotiating with them, meanwhile, said they have nothing finalized — yet. But the goal, they said, is to have something by Tuesday.
“We are continuing to really talk turkey, legislative language etc,” said Democrat Sen. Tim Kaine, who is part of a bipartisan group negotiating on the topic. “We’re making progress, but,” he added, trailing off. “It may be (ready Tuesday), not for sure.”
“We’re close but we’re not ready right yet,” said Maine Republican Sen. Susan Collins, who co-leads the group.
“No, that’s being worked on,” Arizona Republican Sen. Jeff Flake said when asked if he was concerned about the lack of an offer. “We’ll have that by tomorrow.”
What’s next
The Senate is stepping into uncharted waters for recent history. Different amendments will be offered that will compete for 60 votes, the threshold to advance legislation in the Senate. If a proposal can reach that number, it will likely pass the upper chamber — but face an uncertain future in a House and White House that has not made any commitments to the eventual result.
The No. 2 Senate Democrat and longtime immigration reform advocate, Durbin said the only path forward he could see was getting at least 11 Republicans to join the 49 Democrats in the Senate.
“I’d feel much more optimistic and if I knew … 11 Republican names,” Durbin told reporters Monday afternoon. “We believe we have five or six strongly moving in our direction, and I feel that are another five are within reach, and I’m constantly talking to every Republican privately.”
On Monday afternoon, senators took to the floor of the upper chamber to speak on the upcoming debate, with a group of Republicans supporting a version of the White House framework that they introduced Sunday night.
That proposal got the support of Senate Majority Leader Mitch McConnell, though he did not indicate that he would tip the scales in its favor procedurally.
“It’s our best chance to producing a solution that can actually resolve these matters,” McConnell said.
Democrats say the White House framework supported only by Republicans couldn’t pass.
“The only enemy to this process is overreach,” Senate Minority Leader Chuck Schumer said. “Now is not the time nor the place to reform the entire legal immigration system.”
Monday afternoon, Durbin said he had faith in McConnell to keep his promise to be neutral in the process.
“I told Mitch McConnell looking him in the eye and said, ‘I trust you … and I defended you among some Democrats who were skeptical,'” Durbin said. “I was skeptical. I’m defending him now — I think he’s going to play it straight.”

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

Stay tuned!

PWS

02-12-18

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  2. TAL & FRIENDS REPORT @ CNN: DACA TALKS HUNG UP ON CITIZENSHIP – TRUMP’S LATEST SCOFFLAW IMMIGRATION IDEA: Deal With Self-Created Bogus “Crisis” By Ignoring Statute, Treaties, & U.S. Constitution!
  3. A WASHINGTON ANOMOLY – THE SENATE IS ABOUT TO EMBARK ON AN “IMMIGRATION DEBATE” WHERE THE OUTCOME HASN’T ACTUALLY BEEN “COOKED” IN ADVANCE! — Tal Tells All @CNN!
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A WASHINGTON ANOMOLY – THE SENATE IS ABOUT TO EMBARK ON AN “IMMIGRATION DEBATE” WHERE THE OUTCOME HASN’T ACTUALLY BEEN “COOKED” IN ADVANCE! — Tal Tells All @CNN!

“Open-ended immigration debate to grip Senate

By Tal Kopan, CNN

The Senate is set to begin debating immigration Monday evening, and in a rare occurrence for the upper chamber of Congress, no one is quite sure how that will go.

Late Sunday, a group of Republicans introduced a version of President Donald Trump’s proposal on how to handle the future of the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants who came to the US as children from deportation before Trump decided to terminate it. That is expected to be one of the amendments that will compete for votes this week.

Some things are known: McConnell teed up the debate early Friday morning, as he had pledged, immediately after the Senate voted to end a government shutdown. The bill McConnell chose was entirely unrelated to immigration, which he said he planned to do to allow a blank slate for proposals to compete for votes.

Let the debate begin

At 5:30 p.m. Monday, senators will vote on whether to open debate on the bill, a vote that is largely expected to succeed.

From there, a lot will be up to senators. Both sides will be able to offer amendments that will compete for 60 votes — the threshold to advance legislation in the Senate. It’s expected that amendments will be subject to that threshold and will require consent agreements from senators for votes, opening up the process to negotiations.

If a proposal can garner 60 votes, it will likely pass the Senate, but it will still face an uncertain fate. The House Republican leadership has made no commitment to consider the Senate bill or hold a debate of its own, and House Speaker Paul Ryan has pledged repeatedly to consider a bill only if President Donald Trump will sign it.

Different groups have been working to prepare legislation for the immigration effort, including the conservatives who worked off the White House framework and a group of bipartisan senators who have been meeting nearly daily to try to reach agreement on the issue. Trump has proposed giving 1.8 million young undocumented immigrants a pathway to citizenship in exchange for $25 billion for his long-promised border wall and a host of other strict immigration reforms.

The bill from GOP senators largely sticks to those bullet points, including sharp cuts to family-based migration, ending the diversity lottery and giving federal authorities enhanced deportation and detention powers.

Meanwhile, a bipartisan group of about 20 senators was drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Multiple members of the group have expressed confidence that only such a narrow approach could pass the Senate — and hope that a strong vote could move Trump to endorse the approach and pave the way for passage in the House.

Advocates on the left may offer a clean DACA fix, like the DREAM Act, as well as the conservative White House proposal — though neither is expected to have 60 votes.

The move to hold an unpredictable Senate debate next week fulfills the promise McConnell made on the Senate floor to end the last government shutdown in mid-January, when he pledged to hold a neutral debate on the immigration issue that was “fair to all sides.”

Even Sunday, leadership aides weren’t able to say entirely how the week would go. The debate could easily go beyond one week, and with a scheduled recess coming next week, it could stretch on through February or even longer.

One Democratic aide said there will likely be an effort to reach an agreement between Republicans and Democrats on timing so that amendments can be dealt with efficiently, and, absent that, alternating proposals may be considered under time-consuming procedural steps.

“We just have to see how the week goes and how high the level of cooperation is,” the aide said.

Many Democrats and moderate Republicans were placing hope in the bipartisan group’s progress.

“We’re waiting for the moderates to see if they can produce a bill,” said the Senate’s No. 2 Democrat, Dick Durbin, on Thursday. “And considering options, there are lots of them, on the Democratic side. There’s no understanding now about the first Democratic amendment.”

Durbin said traditionally both sides have shared a few amendments with each other to begin to figure out the process’ structure. He also said the bipartisan group could be an influential voting bloc, if they can work together.

“They could be the deciding factor, and I’ve been hopeful that they would be, because I’ve had friends in those Common Sense (Coalition), whatever they call themselves, and reported back the conversations, and I think they’re on the right track.”

As she was leaving the Senate floor Friday night after the Senate voted to pass a budget deal and fund government into March, Maine Republican Sen. Susan Collins was optimistic about the preparedness of the bipartisan group she has been leading for the all-Senate debate.

“We’ll be ready,” she told reporters.

Oklahoma Republican Sen. James Lankford, who has been working both with the group introducing the White House proposal and the bipartisan group, said late Friday night that his plan is “to get things done.”

“It’s no grand secret that I have no problem with the President’s proposal; the challenge is going to be trying to get 60 votes,” Lankford said. “So I would have no issue with what (Sens. John) Cornyn and (Chuck) Grassley are working on and with the President supporting that, but I also want to continue to try finding out and see, if that doesn’t get 60 votes, what could.”

He said everyone is waiting to find out what happens next.

“Everybody’s trying to figure out the chaos of next week, and I’m with you,” Lankford said. “I don’t know yet how open the process is going to be. I hope it’s very open.”

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

Fortunately, we can rely on Tal’s amazing up to the minute reporting and analysis to keep us abreast of what’s happening on the Senate floor and in the cloakrooms!

Stay tuned!

PWS

02-12-18

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  2. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  3. 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!
  4. Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

SEE, HEAR, READ TAL’S ANALYSIS OF LATEST GOP IMMIGRATION PROPOSAL ON CNN!

https://www.cnn.com/2018/02/11/politics/republican-senators-white-house-framework/index.html

“GOP senators introduce version of White House immigration framework

By Tal Kopan, CNN
Updated 6:13 PM ET, Sun February 11, 2018
Trump proposes path to citizenship for 1.8M

Washington (CNN)A group of Republican senators on Sunday night released a version of President Donald Trump’s immigration proposal ahead of a floor debate on immigration this week.

The proposal is expected to be one of several amendments the Senate will consider this week as it debates immigration. Senate Majority Leader Mitch McConnell has used a bill unrelated to immigration as the starting point for the debate, which will allow senators to offer proposals that can compete for 60 votes to advance.
The bill from Republican Sens. Chuck Grassley, John Cornyn, James Lankford, Thom Tillis, David Perdue, Tom Cotton and Joni Ernst largely resembles what Trump has proposed.
At its base is still a resolution for the Deferred Action for Childhood Arrivals program, which has protected young undocumented immigrants brought to the US as children from deportation. Trump has decided to terminate the Obama-era program.
With DACA left out again, advocates figure out their next move
With DACA left out again, advocates figure out their next move
The White House proposal offered a pathway to citizenship for 1.8 million eligible immigrants, more than the 800,000 of whom registered for DACA in the five years of the program. In exchange, the White House sought upwards of $25 billion for border security and a wall, a number of changes to laws to make it easier to deport and detain immigrants, a substantial cut to legal immigration based on family relationships and an end to the diversity visa lottery.
The Grassley bill essentially makes those bullet points a reality, including the proposals that would toughen immigration enforcement and limiting family-based visas only to spouses and children under 18 years old — a vastly reduced number of eligible immigrants from the current system.
As proposed by the White House, the cuts to the family system and diversity lottery would be used to allow in the 4 million to 5 million immigrants already waiting years — and in some cases decades — in the backlog for visas. Cuts to yearly visas would only occur after that backlog is cleared, allowing Congress time to make reforms, the lawmakers said.
McConnell officially tees up immigration debate next week
McConnell officially tees up immigration debate next week
The bill is not expected to have 60 votes in support of it, the threshold required to advance legislation in the Senate. Democrats have uniformly objected to the cuts to family migration and have issues with the ending of the diversity visa without another way to support immigrants from countries that are otherwise underrepresented in immigration to the US. The so-called reforms to current immigration laws also face steep opposition.“

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

Click the above link to see Tal on TV!

Unfortunately, “closing loopholes” is a euphemism for increasing unnecessary, expensive, and inhumane civil immigration detention (the “New American Gulag”).

It also involves denying due process to tens of thousands of “unaccompanied children” seeking protection for which many should qualify were they given a fair opportunity to obtain counsel, adequate time to document applications, and truly fair hearings in Immigration Court.

In plain terms, it’s a cowardly and disingenuous attack on the rights of the most vulnerable migrants. Hopefully there are enough legislators on both sides of the aisle committed to due process, human rights, and just plain human decency to expose and defeat these highly abusive and dishonest parts of the GOP proposal.

PWS

02-11-18

Related posts:

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  4. COURTSIDE HISTORY: HOW THE FOUNDING FATHERS’ RACISM ERASED A PRESIDENT’S DAUGHTER! — ALSO MY: “FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”

DREAMERS “LEFT OUT” AGAIN – CONTEMPLATE NEXT MOVE – News & Analysis From Tal @ CNN

https://www.cnn.com/2018/02/10/politics/daca-left-out-what-next/index.html

The “Amazing Tal” writes:

“Washington (CNN)As the ink dried Friday on a major budget compromise deal in Congress, immigration advocates were taking stock of getting left behind — again — without a resolution for hundreds of thousands of young undocumented immigrants on the verge of losing protections.

It’s an open question if there are cards left to play in the push to enshrine the Deferred Action for Childhood Arrivals policy into law. While no advocates say they are giving up, many also openly admit that Democrats and allies gave up their best negotiating position on the issue without another clear avenue coming up.
In the meantime, a pending court decision on DACA, which President Donald Trump is terminating, means the immigrants protected by it and who mostly have never known another country than the US, won’t begin losing their protections as planned on March 5 — but their fate could be reversed at any moment by another court decision.

Trump signs massive budget deal after Congress votes to reopen government

Trump signs massive budget deal after Congress votes to reopen government
Rep. Luis Gutierrez, an Illinois Democrat who has long served as one of the most outspoken advocates in Congress for immigration reform, was pessimistic with reporters early Friday morning as Congress passed the deal with virtually every Democratic priority except DACA in it.
“No, I don’t, I don’t,” he said when asked if there was any other way Democrats could exert leverage on the issue. Gutierrez said the plan from the beginning was to either attach a DACA compromise to the must-pass budget deal or raising the debt ceiling, both of which were passed in the early morning hours Friday without DACA. Arizona Democrat Raul Grijalva called the episode “disheartening.”
close dialog
“We have decoupled the issues. Your leverage is you want them one and the same,” Gutierrez said. “Do we need a new way forward? Yeah, we’re going to figure out a new way forward.”

Step 1: Senate vote next week

McConnell officially tees up immigration debate next week
McConnell officially tees up immigration debate next week
There is one glimmer of hope for advocates. Senate Majority Leader Mitch McConnell made good on his promise to tee up an immigration debate on the Senate floor next week. Moments after the Senate passed the deal, McConnell filed to have a vote to open debate on an unrelated bill Monday evening — which will kick off a process where an as-yet-unknown number of amendments will be able to compete for a procedural threshold of 60 votes to then pass the Senate.
It was that promise that put in motion the deal that eventually severed DACA from other negotiations but also offers a rare opportunity for lawmakers to compete on a neutral playing field for bipartisan support.
“We’re pivoting, what can you do?” said longtime advocate Frank Sharry, executive director of the pro-immigration group America’s Voice. “We’ve had our doubts about the viability of a standalone legislative process but that’s what we’re left with, so we’re hoping to make the most of it. … That will put pressure on the President and the House to do the same.”
Already, groups of lawmakers are preparing for the floor debate, even as it remains unclear how many amendments will be offered, how debate will be structured and how long it might last.
A group of roughly 20 bipartisan senators is drafting legislation over the weekend to offer perhaps multiple amendments and potentially keep the debate focused on a narrow DACA-border security bill. Advocates on the left may offer a clean DACA fix like the Dream Act, and some on the right are drafting a version of the White House proposal that would include $25 billion for a border wall and heavy cuts to legal immigration with a pathway to citizenship — though neither is expected to have 60 votes.
Bipartisan group of senators scrambling to draft immigration bill
Bipartisan group of senators scrambling to draft immigration bill
“First of all, we have the Senate procedure, which is my hope. We’re working with the (bipartisan group) to see if we can come to a two-pillar solution,” said Sen. Bob Menendez, a New Jersey Democrat who has long worked on the issue, when asked Thursday what comes next for DACA. “Hopefully we could gather 60 votes for that. And then that would be it — we’d resist everything else, any other amendments, and then go back to the House and create all the pressure in the House to make it happen.”

Step 2: Pressure Ryan

If the Senate can pass a bill, lawmakers hope Trump will fully embrace it, freeing House Speaker Paul Ryan to call it up.
Already as the budget deal was on track for passage, House advocates began a pressure campaign to urge Ryan to make a promise like McConnell — though Ryan continually demurred and insisted instead he’s committed to the issue of immigration and passing a bill the President can support.
Anger rises from left as DACA left out of budget deal again
Anger rises from left as DACA left out of budget deal again
“I think we have to be realistic,” said Arizona’s Democratic Rep. Ruben Gallego. “We’re going to have to deal with reality and find whatever means possible to put pressure on Speaker Ryan and the Republican Party to bring, again, a fair vote on the Dream Act to the floor.”
“I think for me the strategy has to be pressure Ryan and bring it to the floor,” Grijalva said, adding the process should allow any proposal to vie for a majority — even if it doesn’t have a majority of Republican votes. “The Senate, when they gave up on not voting for it, at the very minimum extracted a time certain and a debate on something. We don’t even have that.”
Democrats also may have some Republican supporters in the House to pressure Ryan. A bipartisan group of lawmakers that includes two dozen Republicans sent a letter to Ryan asking to open a floor debate like McConnell.
Republican Charlie Dent of Pennsylvania said he’s been urging fellow moderates to use their numbers the way that conservatives on the right flank do.
“The Freedom Caucus has been effective because they’ll use their power of 24 (votes to deny a majority), and they take the hostage, they’ll do what they have to do,” Dent said. “I tell our members, we put our votes together, we can really direct an outcome. … I suspect if the Senate sends us a bipartisan DACA bill, that’s when we’re going to have to flex our muscles.”
Exclusive: Pressure grows on Paul Ryan to commit to immigration debate
Exclusive: Pressure grows on Paul Ryan to commit to immigration debate
But others have doubts. Republican Sen. Marco Rubio of Florida, a member of the bipartisan group, says he learned his lesson in 2013, when he co-authored legislation that passed the Senate with wide margins but died in the House.
“There are some who believe that if we get a bunch of votes it’ll force the House to do it. I don’t agree,” Rubio said. “We could vote on it 90-10. … This notion that the House is going to listen to what a senator tells them to do is not real.”

Step 3: Other leverage

If the legislative process can’t produce success, advocates say, they will look for any other leverage points they can.
“If that doesn’t work out, then there’s still an omnibus at the end of the day,” said Menendez, referring to the spending bills due in March to fund the government under the topline two-year budget deal passed Friday.
But Gutierrez doubted that approach — scoffing at the idea that Democrats would be taken seriously if they threatened to withhold their votes yet again without success.
“Really?” Gutierrez said about the omnibus as leverage. “Is it plausible? Is it realistic? Can you continue to threaten with something?”
Other options could include a temporary, one-year or two-year extension of DACA without a permanent solution, though lawmakers have decried that option.
Still, many aren’t ready to give up hope.
“This President clearly wants to get it done, I think the majority of Republicans want to get it done and the majority of Democrats want to get it done. Can we reach that balance? We can get there, I feel very confident we can get there,” said Florida’s Republican Rep. Mario Diaz-Balart.”
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Although it should be a “no brainer,” I’m not as confident as Rep. Diaz-Balart that this group can “get to yes.” A fair resolution of the “Dreamers” situation just isn’t very high on the GOP agenda, particularly in the House. And, both the Dreamers and the Dems are coming to grips with the obvious reality: if you want to set or control the agenda, you have to win elections!
We need Julia Preston to lock these folks in a room for awhile!
PWS
02-10-18

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TAL @ CNN: DREAMERS WON’T BE PART OF BUDGET DEAL — What Happens After That Still Up In The Air!

Tal and her colleague Ashley Killough write:

http://www.cnn.com/2018/02/08/politics/bipartisan-senators-immigration-bill/index.html
Bipartisan group of senators scrambling to draft immigration bill
By Ashley Killough and Tal Kopan, CNN
A bipartisan group of roughly 20 senators that’s been huddling behind closed doors for weeks is furiously working to draft a bill that they can propose during an expected floor showdown on immigration next week.
If they are successful, it would mean at least one-fifth of the Senate would have established an influential voting block to shape the debate over immigration and the Deferred Action for Childhood Arrivals program.
Emerging from one of their closed-door meetings Thursday, senators said multiple members are drafting language for compromise legislation, though they acknowledged they still don’t have a consensus yet.
Sen. Claire McCaskill, D-Missouri, said she would be “shocked” if they didn’t end up introducing their plan next week.
Republican Sen. Susan Collins of Maine, who hosts the meetings in her office on a near-daily basis, said there will “probably” be more than one proposal that emerges from their recent talks that could serve as amendments during next week’s debate, though she added it’s “too early to tell.”
Senate Majority Leader Mitch McConnell is expected to bring up immigration next week in a rare neutral Senate floor debate. The Republican has pledged to allow for amendments from both sides, but it’s still unclear how many amendments either side will be able to offer. And the expectation is any proposal would need 60 votes to succeed, a high bar that may make a major immigration compromise unlikely.
Other groups of senators are expected to introduce amendments as well. The White House also has its own framework, and Senate Majority Whip John Cornyn confirmed this week that some Republican lawmakers are working to draft a version based on those bullet points.
The bipartisan group of roughly 20 lawmakers, which calls itself the Common Sense Coalition, is aiming to operate as a voting bloc that can help steer the debate. Sen. Bob Menendez, D-New Jersey, who is working with members of the group said the goal would be to get 60 votes on the bipartisan amendment, and “then that would be it, we’d resist everything else, any other amendments.”
It’s unclear just how many members will make up the coalition in the end. The group could be influential if they vote as a unit, though it’s not clear that everyone would get on board. Sen. Chris Coons, D-Delaware, said the number of supporters they have depends on the contours of the proposal. In their negotiations, sometimes a proposal will garner 30 members, while a different proposal will have 20 or 40.
“The challenge with immigration is it’s a very broad range of concerns,” he said.
Republican Sen. James Lankford of Oklahoma cautioned that a final deal hasn’t been reached yet. “It’s one thing to edit concepts, it’s another thing to look at language and go, ‘no this doesn’t work,’ and then try to make adjustments from there,” he told reporters.
While the White House wants an immigration bill that focuses on four key pillars — increasing border security, resolving DACA, ending the visa diversity lottery, and heavily curtailing family-based immigration, or chain migration, as they call it, multiple senators stressed that a bill has little chance of passing unless it narrows to just two of those pillars: DACA and border security.
“I think a lot of people are learning that immigration’s complicated. The more we try to do, the more unanswered questions emerge,” said Republican Sen. Marco Rubio, who was part of a different group of senators that pushed a much larger immigration bill in 2013. It was passed by the Senate but went nowhere in the House.
Like Rubio, Coons also endorses the concept of a narrower bill. “The challenge is, there’s lot of other proposals that the White House and others want to address,” he said.
The clock, however, is ticking, and the group is hoping to strike a final deal by Monday or Tuesday, roughly when McConnell is expected to kick off the amendment process.
“We don’t have any choice, right?” said Sen. Jeanne Shaheen, D-New Hampshire. “Next week’s coming.”

http://www.cnn.com/2018/02/08/politics/budget-deal-anger-daca/index.html
Anger rises from left as DACA left out of budget deal again
By: Tal Kopan, CNN
As a massive bipartisan budget deal moved towards a vote Thursday, temperatures were rising on the left, where Democrats were fuming that — once again — immigration was being left behind.
“Anyone who votes for the Senate budget deal is colluding with this President and this administration to deport Dreamers. It is as simple as that,” said Illinois Rep. Luis Gutierrez, a longtime Democratic advocate of immigration reform. Pro-immigration advocacy groups were sending similar messages to Democratic offices as well.
Democrats on the left, especially members of the Congressional Hispanic Caucus, were frustrated to see a budget deal negotiated that resolved virtually every Democratic priority except a resolution for the Deferred Action for Childhood Arrivals program, a policy that protected young undocumented immigrants who came to the US as children that President Donald Trump decided to terminate in September.
The Senate is expected to pass the bill Thursday and send it to the House attached to a continuing resolution to fund the government into March. Government funding expires Thursday at midnight.
The pushback was strong enough that House Minority Leader Nancy Pelosi, who was involved in negotiating the compromise, was so moved by the frustration when she presented the deal to her caucus that she took the House floor for a record-breaking eight hours straight on Wednesday, reading stories of DACA recipients.
But that wasn’t enough to satisfy some of her base, and the leadership team sent conflicting messages, saying they weren’t whipping the bill Wednesday, then sending a whip notice to vote no on Thursday. Pelosi also sent a “dear colleague” letter saying Republicans will need Democratic votes to pass the deal in the House and urging her caucus to “be heard,” though not necessarily block its passage.
“House Democrats have a voice here and we must be heard,” Pelosi wrote. “These are the reasons I am voting against this bill.”
But earlier Thursday, Pelosi called it a “good bill” and said she “fought very hard for many of the things that are in there,” even as she said she wouldn’t vote for it.
Pelosi also told members of her caucus planning to vote “yes” on the budget deal not to telegraph those positions in order to maintain leverage, according to two Democratic sources.
Even so, most everyone in Congress believed that the bill had enough votes to pass the House, even among Democrats.
“I think it’s very important for DACA that there be a significant presence of votes against whatever comes over, and not just for DACA, there’s other reasons (to oppose the deal),” said Rep. Raul Grijalva, an Arizona Democrat and Hispanic caucus member. “But I anticipate that if 30, 40 Democrats vote for it, it would pass.”

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I can definitely see some House Democratic “protest votes” over the DACA omission. What I can’t see is House Dems joining the “Bakuninists” in the GOP to shut down the Government again.

PWS

02-08-18

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