🇺🇸🗽⚖️ LISTEN UP DEMS ⚠️ — THE SO-CALLED “ASYLUM CRISIS” CAN BE SOLVED WITHOUT THROWING REFUGEES, DUE PROCESS, & HUMANITY UNDER THE BUS 🚌☠️— Human Rights First Has Practical Proposals For Better Borders!

IMG_0004.png

 

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

Read the complete HRF report at the above link!

“Pie in the sky?” Hardly! Undoubtedly, these measures could be carried out far less expensively than further, ultimately fruitless, border militarization and enhanced cruelty being pushed by the GOP and some Dems. And, they would be more effective in bringing “law and order” to the border and our overall legal system.

Fanned by alarmist narratives being spread by folks like Adams and Hochul (no, Governor, 8 billion people aren’t going to descend on your state — in fact, the U.S. has a “refugee/1,000 population ratio” far below that of many smaller, much poorer countries), and the mainstream media’s insatiable need for a “trumped-up invasion narrative” to create headlines and sound bites, I suspect that the Administration and Dem politicos might be prepared to “throw asylum seekers under the bus” to reach an agreement with the GOP to keep the Government open. After all, asylum seekers don’t vote, and their advocates have historically been good “team players” who go to bat for the Dem Party despite having their contributions, energy, and ideas consistently undervalued, even dissed, once elections are over.

Don’t do it Dems! Giving in to the righty nativists will NOT solve anything, nor will abandoning values help you in the next election! Indeed, the Administration could set more “world records” for exclusions, deportations, denials, imprisonments, wall-building, enforcement hiring, “rocket dockets,” and the GOP would still spout the same “open borders” myth, and the media would give it equal, or greater, time. They largely ignore HRF and other experts who actually understand the border, migration, and have practical, humane, if less inflammatory or drastic, solutions to offer.

The mainstream media seems to have endless time for folks like Trump, Gaetz, Jordan, Haley, Ramaswamy, etc., who have little to contribute to solving pressing national problems. Why aren’t they talking to the folks who understand migration, asylum seekers, the border, and the legal framework? Why aren’t they “headlining” and publicizing reasonable, humane, values-based solutions rather than promoting narratives of doom, hopelessness, and expensive, often illegal, cruelty as the only “solutions?” There actually have been some bipartisan proposals for addressing the border while respecting and even enhancing the rights of asylum seekers. See, e.g., https://immigrationcourtside.com/2023/02/14/🇺🇸courtside-politics-rep-hillary-scholten-d-mi-is-part-of-a-bipartisan-group-of-new-house-members-reaching-across-the-aisle-in-an-attempt-to-govern-for-the-public-good/. But, you sure wouldn’t know it from listening to the so-called “mainstreamers!”

Here’s another fascinating thing. Humane, sensible, legally compliant, cost effective solutions to migration issues proposed by experts, many of whom are immersed in the reality on a daily basis, are often dismissed, if even mentioned, as “impractical,” “unrealistic,” “idealistic,” “costly.” On the other hand, when politicos, think tankers, reporters, commenters, profiteers, many largely removed from the human trauma of the border situation, present costly, proven to fail, draconian, often illegal measures directed against asylum seekers, the same prejorative, dismissive terms are seldom used.

Indeed, the worse, crueler, and more hare-brained a scheme is, the more likely it is to be mischaracterized as a “realistic response” to a hyped-up emergency! Somehow, wanton cruelty and end-running legal obligations are packaged as a “practical necessities,” while creative ideas on how to solve problems and make the current laws work are summarily brushed aside, often without meaningful analysis and discussion.

🇺🇸 Due Process Forever!

PWS

10-15-23

🇺🇸🗽😎👩🏽‍🏫 D.C. TEACHER OF THE YEAR BETH BARKLEY HELPS MIGRANTS SUCCEED! — “I have students that are changemakers. My students are leaders. … This is really for and because of them.”

Beth Barkley
Beth Barkley
English Teacher
Cardozo High
Washington, D.C.
D.C. Teacher of the Year 2023
PHOTO: WashPost

Lauren Lumpkin writes in WashPost:

By Lauren Lumpkin

October 11, 2023 at 5:55 p.m. ET

Beth Barkley thought she was attending a ceremony for International Day of the Girl on Wednesday. The high school English teacher stood in the library at Cardozo Education Campus as the citys mayor explained the importance of attaining educational equity across genders.”

But, in a ceremony focused mostly on her, Barkley learned that she had been named D.Cs 2024 Teacher of the Year.

This year we have a teacher of the year who serves as a role model not only for her students, but for other teachers across the District,” said D.C. Mayor Muriel E. Bowser (D). She has gone above and beyond her normal teaching duties to uplift student voices and inspire her students.”

Each year, educators across the city vie for the top honor, which comes with a $7,500 check and the chance to compete for National Teacher of the Year in a contest run by the Council of Chief State School Officers. Barkley, who teaches English and other classes to students who are new to the United States, was met with applause and sparkling pompoms wielded by students.

This is a huge honor,” she said to the room of teachers, staff members and several of her students. I have students that are changemakers. My students are leaders. … This is really for and because of them.”

. . . .

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

Read and listen to the complete article at the above link.  Here’s an NBC 4 TV News special report on Beth’s achievements. https://www.youtube.com/watch?v=qvTPZ7fOt-Q.

A great reminder that each of us can choose to be part of the problem or part of the solution, like Beth!

🇺🇸Due Process Forever!

PWS

10-11-23

🇺🇸 COURTSIDE POLITICS: DEMS BAIL OUT McCARTHY, SAVE AMERICA (FOR NOW)! — NATIVIST IMMIGRATION NONSENSE STRIPPED OUT, BUT GOP THROWS UKRAINE 🇺🇦 UNDER THE BUS!🚌

Matt Gaetz (R-Outer Space)
Matt Gaetz (R-Outer Space)
The so-called mainstream media has seen fit to anoint this evil clown as the official spokesthing for the insurrectionist GOP.
PHOTO: X (formerly Twitter)

By Paul Wickham Schmidt

Courtside Exclusive

October 1, 2023

Saturday, at the 12th hour, GOP Speaker Kevin McCarthy (D-CA) finally did the obvious — reached out to Dems to save America from insurrectionist, anti-American GOP extremists by passing a last-minute continuing resolution that will fund American government until Nov. 17. 

All Dems except one (who was protesting the GOP’s pro-Putin defunding of Ukraine aid) voted for the House bill, while 90 GOP insurrectionists voted to tank America and manufacture a needless crisis. The bill passed the nominally Dem-controlled Senate in about 30 seconds, and was signed by President Biden before midnight. The message about which party is serious about governing for the common good is obvious to all real patriots, even if a shocking number of GOP voters have foisted these far-right GOP clowns upon the rest of us.

The mainstream media uses the namby-pamby misnomer “border security,” to refer to the GOP’s proposed racist-nativist attack on immigration, destruction of the long-established right to asylum, and bogus attempts to reinstate “proven to fail,” draconian deterrence measures. As happened when tried unsuccessfully in the past, the GOP would turn over control of border migration policies to cartels, smugglers, and organized crime, while deflecting attention and undermining law enforcement efforts to control human and drug smuggling. 

A true accounting for the GOP extremist agenda would clearly show how firmly on the side of Putin and border bandits today’s dangerous, “destroy America” GOP has become. Too bad the so-called “mainstream media” has so little interest in digging beyond the cosmetics on the border issues and Ukraine aid.

The mainstream media is also salivating about the bogus prospect of MAGA-maniac Matt Gaetz (R-Outer Space) unseating McCarthy. The fact that Gaetz is an extremist idiot who has nobody to replace McCarthy with doesn’t seem to have dawned on the “mainstreamers.” (“Matt Gaetz’s Motto is, ‘I’m an Asshole, What are You Going to Do About It?’” https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjnkLH8h9WBAxXPkYkEHcr5CdoQFnoECBIQAQ&url=https://buzzflash.com/articles/matt-gaetz&usg=AOvVaw2XoHad3KzJeQitggMsTve3&opi=89978449). 

In perhaps the ultimate example of clueless, Fox News inspired, “mainstream journalism,” CBS’s “This Sunday” saw fit to inflict Gaetz and his bombastic nonsense on hapless viewers today. NBC, on the other hand, maybe still smarting from new-host Kristen Welker’s disastrous, totally uncalled for, “inaugural” interview with a raving, incoherent, lie-spouting Trump, gave us wall-to-wall coverage of the Ryder Cup in place of “Meet the Press.” Honestly!

Look forward to more clownish theatrics and anti-American posturing from the GOP and their “Chief Clown” Trump, and more insipid reporting from the mainstreamers as America careens toward another likely GOP-generated “crisis” in mid-November. It’s NOT a “Washington problem! It’s purely a GOP that lacks any interest whatsoever in responsible governing.

🇺🇸 Due Process Forever!

PWS

10-01-23

🇺🇸🗽😎 — IMMIGRANTS BRING OPTIMISM TO U.S. — New L.A.Times Series Lets Immigrants’ Voices, Often Drowned Out In Debate, Be Heard — “So we set out to ask immigrants to tell us about their lives and put their voices and stories at the forefront.”

Smiley Face
Smiley Face
Creative Commons

By David Lauter

Good morning. It’s Tuesday, Sept. 19. Here’s what you need to know to start your day.

  • Inside a new Times project on immigrants in America
  • A suspect was arrested in the killing of a L.A. County sheriff’s deputy
  • Indulge in Carpinteria’s retro, family-friendly vibe
  • And here’s today’s e-newspaper

The Times is exploring immigrant stories. Here’s what we’ve learned so far

What if we could give you a window into the lives of one-sixth of the U.S. population? What would we find out?

I’m David Lauter, a senior editor at The Times. That window is what we set out to create with Immigrant Dreams, our project on the lives of America’s huge and growing immigrant population, who make up 1 in 6 adults in the U.S. — close to a record for the past century.

For years, immigration has been one of the hottest of political hot buttons. The U.S. has been stuck in a seemingly unending debate over a broken immigration system, featuring stalemates in Congress, disorder at the southern border and a lot of heated rhetoric.

Much of that debate, however, has ignored the voices of actual immigrants. So we set out to ask immigrants to tell us about their lives and put their voices and stories at the forefront.

That’s not only an important American story, it’s a crucial story for California, which is home to the nation’s largest immigrant population.

We partnered with the nonprofit KFF, formerly the Kaiser Family Foundation, to do a large-scale poll of U.S. immigrants to find out how their lives are going, what they’ve experienced since coming to America and what their expectations are for their futures.

Planning and conducting that poll took almost two years. We tested extensively in advance to make sure we had polling methods that would work to get a representative sample of immigrants. Then we drafted a questionnaire and translated it into nine languages. Pollsters spent more than 13,000 hours interviewing people and mailed more than 75,000 surveys.

You can take some of the poll questions yourself and see how your views compare with the people we surveyed.

Once the data came back this spring, Times reporters and photographers went to work looking for individuals and families with whom we could spend time to illuminate the findings of the survey.

So what did we find out?

Optimism. That’s one of the clearest findings and the theme of our initial story, told beautifully by reporters Brittny Mejia, Jeong Park, Jack Herrera and Tyrone Beason and photographers Irfan Khan, Dania Maxwell and Brittainy Newman. Columnist Gustavo Arellano weighed in, as well, with his own story of immigrant optimism.

And because our poll told us that many immigrants feel they don’t have enough information about how the U.S. system works, our project also includes pieces about important issues like the public charge rule and how to protect yourself against scams.

For the rest of the fall, we’ll be rolling out additional stories about aspects of immigrants’ lives. We hope you’ll come along with us on the journey.

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

The initial report — on how and why immigrants are more optimistic — gives some great profiles and is a “must read” for those interested in getting beyond the myths and outright falsehoods about migration that dominate the airwaves and our political dialogue. 

🇺🇸 Due Process Forever!

PWS

09-20-23

🇺🇸⚖️🏅A LIFE DEVOTED TO JUSTICE: JOSEPH GERALD “GERRY” HEBERT (1949-2023): Voting Rights Icon, Teacher, Community Activist, Inspiration To Upcoming Generations!

Gerry Hebert
Joseph Gerald (Gerry) Hebert (1949-2023)
Civil Rights Lawyer, Community Activist

https://www.legacy.com/us/obituaries/washingtonpost/name/joseph-hebert-obituary?id=53065154

Joseph Hebert Obituary

Hebert

Joseph Gerald Hebert

Joseph Gerald Hebert (Gerry), Voting Rights Attorney of Alexandria, Virginia passed away at the age of 74 on September 7, 2023.

Gerry was born in Worcester, Massachusetts to Joseph Gerald Laurie Hebert and Adeline Agnes Whitehead Hebert on February 13, 1949. A graduate of St. John’s High School in Shrewsbury, Gerry went on to earn his bachelor’s degree from Stonehill College and Juris Doctor from Suffolk University Law School.

A respected Civil Rights and Voting Rights attorney, Gerry worked in the U.S. Department of Justice’s Civil Rights Division from 1973 to 1994. While at the DOJ, he won acclaim for his work in school desegregation cases and served as the lead attorney in voting rights and redistricting lawsuits, including several cases decided by the U. S. Supreme Court. Post-DOJ, Gerry spent time in private practice specializing in election law and the Voting Rights Act. His expertise led him to the Campaign Legal Center in 2004, serving as Executive Director until 2018, before retiring from the organization in 2021. During this time, Gerry was also an adjunct professor at Georgetown University Law Center and developed a thriving intern program for CLC. He also taught at University of Virginia, American University, and New York Law School. He was awarded the Wasserstein Fellowship at Harvard Law School and Mentor in Residence at Yale Law School. In 2015, Gerry spearheaded the CLC effort to establish the Voting Rights Institute (VRI), a partnership with the American Constitution Society and Georgetown Law, which created opportunities for law students and graduates to learn how to litigate voting rights cases.

Gerry’s advocacy extended beyond his professional career. He served as PTA president at George Mason Elementary School, where he was a fixture in the hallways for years, his voice on the loudspeaker delivering the morning announcements. He worked particularly hard to ensure that families of color were involved in their children’s education, and that the needs of George Mason Elementary were made known to the School Board.

As ASA soccer coach to many of Alexandria’s youth, Gerry shared his own athletic skills, always ending a weekly practice – at the request of the team – punting the ball straight up in the air, multiple stories high.

A man of strong faith and an enthusiastic choir member, Gerry served the Fairlington United Methodist Church community in many capacities including lay leader.

Gerry worked tirelessly to help Alexandrians in need, volunteering with ALIVE! Inc. since 1986. He dedicated his time and talents, serving as ALIVE’s president, director of development, chair of the furniture program, and Last Saturday food distribution coordinator. Earlier this year, Gerry was awarded Volunteer Alexandria’s 2023 Joan White Grassroots Volunteer Service Award for his commitment to ALIVE!’s mission, specifically for his work to open both of ALIVE!’s beautiful and welcoming food hubs, ensuring that Alexandrians maintained their integrity while receiving food and critical services.

Gerry approached his personal life with the same passion and purpose. He was omnipresent in his children’s lives as he filled the roles of brown bag lunch maker, short order breakfast cook, and overprotective parent. He could be found lifting his grandchildren to top the Christmas tree, eating Oreos and drinking straight from the milk carton in the middle of the night, or dancing in the street with Victoria during a red light at the intersection of Braddock and Russell. He would “give you a nickel” if you could name the artist from the 60’s singing on the radio. He’d send you recipes for the perfect pork chop, articles about the latest threat to justice and democracy, and a heads up about recent sunscreen recalls. He was deeply devoted to playing the guitar, discovering the best deal on good wine, and playing the lottery. He never said goodbye without also holding up his hand to sign “I love you.” He had the timing of a stand-up comedian, all the wisdom of a perfect storyteller, and an unfulfilled desire to travel the world. He was just beginning to discover what retirement was like and between the Rock ‘n Roll cruises he took with Victoria, his long ponytail, and his Bohemian pants, he confirmed his family’s suspicion that he really did dream of being the next great American folk singer. He was a lively wedding dancer, a proficient recaller of sports stats, and even attended MLB professional umpire school. Gerry was an expert magician, the friend you were thankful to call yours, and as far as his family knew, he was “the strongest man in the world.”

Gerry is preceded in death by his mother and father.

Gerry is survived by his wife of 37 years, Victoria, his children, Christy Przystawik (Tom Przystawik), Greta Gordon (Jim Gordon), Brooke Harris (Ben Harris), Josh Hebert, and Marlea Hebert (Anthony DiBerardinis). His brother, Tom Hebert (Maria Hebert), and his 10 grandchildren, Gunter, Annika, Amelie, Harper, Sadie, Bailey, Brighid, Adrian, Tyler, and Abe.

A funeral service will be held on Saturday, September 16, 2023 at Fairlington United Methodist Church.

In lieu of flowers donations can be made in honor of Gerry to The Campaign Legal Center, ALIVE, Lawyers’ Committee for Civil Rights Under Law and Fairlington United Methodist Church (music program).

Published by The Washington Post on Sep. 10, 2023.

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

Gerry’s son Josh Hebert is one of our son Will’s closest friends, growing up in Alexandria and attending Alexandria City Public Schools together. Our church, Beverley Hills Community Methodist Church, has been part of ALIVE’s “grass roots” programs to make Alexandria a better place to live for families and individuals of all income levels. I also spoke at Fairlington Methodist on immigration and the need for reform at a public forum that Gerry helped organize. 

Gerry was one of the former DOJ attorneys to courageously speak out publicly against the appointment of notorious White Nationalist  and civil rights underminer then-Senator Jeff Sessions to be U.S. Attorney General under Trump. See.e.g., https://immigrationcourtside.com/2017/01/04/sessions-no-civil-rights-hero-say-former-doj-cvil-rights-attorneys/. Sessions proved to be just as horrible and unqualified for the job as Gerry had warned.

Gerry was an inspiration and role model for the “new generation” of civil rights attorneys dedicated to making equal justice in America a reality rather than an unfulfilled promise!

Yesterday’s “Courtside” post highlighted the words of Justice Ketanji Brown Jackson that embodied many of Gerry’s life values;

And I am confident that, just like generations of Americans before us, we are up to the challenge. Armed with our history, well-prepared by our past, and secure in the knowledge of what we have been through and where we’re headed, we will triumph in the valiant struggle to promote constitutional values and to obtain freedom and justice for all. 

Due Process Forever and deep appreciation to a great American who represented “due process in action” and leaves a vibrant legacy for future generations. A life well-lived indeed!

PWS

09-18-23

🇺🇸⚖️ THE GOP RIGHT WING WANTS TO WHITEWASH AMERICAN HISTORY — JUSTICE KETANJI BROWN JACKSON SAYS WE MUST TEACH THE TRUTH ABOUT THE ROLE OF RACISM IN AMERICA —“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history.”

Dan Rather
Dan Rather
American Journalist
PHOTO: Creative Commons
Elliot Kirschner
Elliott Kirshner
Science Filmmaker & Journalist
PHOTO: iBiology Courses
Justice Katenji Brown Jackson
Judge (now Justice) Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020, University of Chicago Law School. Photographer Lloyd DeGrane.
Creative Commons License

Dan Rather and Elliot Kirschner write on Steady on Substack:

https://open.substack.com/pub/steady/p/60-years-ago-in-birmingham?r=330z7&utm_medium=ios&utm_campaign=post

60 Years Ago in Birmingham

September 15, 1963 — 60 years ago today. An act of murderous cowardice in Birmingham, Alabama, shocked a nation. A bomb at the 16th Street Baptist Church placed by Klansmen killed four girls as they attended Sunday school. Many others were wounded.

As Dr. Martin Luther King Jr. would say in eulogy, “These children — unoffending, innocent, and beautiful — were the victims of one of the most vicious and tragic crimes ever perpetrated against humanity.”

Let us pause in remembrance. Please say their names aloud. They deserve our recognition:

Denise McNair, age 11.

Carole Robertson, 14.

Addie Mae Collins, 14.

Cynthia Wesley, 14.

This horrific act is not ancient history. Some of you were of memory age at the time it happened. And it was not an isolated act of violence. Rather, it was part of a bloody, tragic, and unjust campaign of terror that stretches from before our country’s birth into our present age. It is a story of murder, torture, rape, lynching, and the tearing apart of families. It is a story of Jim Crow, redlining, and voter suppression. And now it is a story that powerful forces in our country would like us to forget, or at least sanitize from the unadulterated truth.

And yet, throughout our history, bigotry has not gone unanswered. Women and men of courage and fortitude have reminded us that we should walk a path toward equality and justice. Many have sacrificed greatly in service to our nation’s highest ideals.

This bombing was an act of domestic terrorism meant to stifle a growing Civil Rights Movement. It had the opposite effect. Less than a year later, President Lyndon Johnson signed the groundbreaking Civil Rights Act.

Progress has been made. However, we are reminded in our current age that the forces of white supremacy will never give up their privilege without a fight. We see more acts of racist violence, more denying of reality, more attempts to rewrite history. It is a cynically destructive ploy for power at the expense of our national unity and the truth.

All this was on the mind of Supreme Court Justice Ketanji Brown Jackson this morning, when the first Black woman to serve on the court went to the 16th Street Baptist Church to commemorate the bombing’s anniversary. It was the justice’s first trip to Alabama, but she told those in the pews, “I felt in my spirit that I had to come.”

What she subsequently shared was an acknowledgement of the past and an admonition for our present and our future. We were moved by her words and want to include some of them here, as well as a video of the entire speech, should you wish to watch.

Justice Jackson began by contrasting the story of the Birmingham bombing and her own personal journey.

. . . .

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

Read the complete article, including Justice Jackson’s remarks and pictures of the murdered girls, at the link. Don’t let GOP extremists get away with rewriting our history to match their White Nationalist myths! It’s a key part of their scheme to “dumb down” American education and intellectual debate on all levels!

🇺🇸 Due Process Forever!

PWS

09-17-23

⚖️😎☹️ AFTER  RARE VICTORY FOR RESPONDENT IN MATTER OF  C-G-T- (UNWILLING/UNABLE TO PROTECT, POLICE REPORT, HIDING SEXUAL ORIENTATION), BIA REVERTS TO FORM BY DENYING ADJUSTMENT TO CONDITIONALLY PAROLED CUBANS (MATTER OF CABRERA-FERNANDEZ)   

 

Here’s the link to Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023):

https://www.justice.gov/eoir/page/file/1594626/download

Here’s the link to Matter of Cabreara-Fernandez, 28 I&N Dec, 747 (BIOA 2023):

https://www.justice.gov/eoir/page/file/1595041/download

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

This e-mail exchange among experts says it all about Cabrera-Fernandez:

Expert 1: Wow – they never miss a chance to hurt noncitizens, do they?

Expert 2: The cruelty is the point.

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com

With an available interpretation that would have allowed regularization of status, what purpose is served by devising a way to keep these otherwise qualified Cubans in limbo? Why would the DHS appeal a decision like this? Why would the BIA reward them for pursuing a result that is 1) inhumane, 2) undesirable, and 3) entirely avoidable with a little creativity and common sense (see, IJ in this case)?

No wonder we have backlogs everywhere an a dysfunctional system that nobody in charge seems interested in fixing — even when fixes are available and basically “cost free?” Better leaders and more enlightened decision-makers would be helpful.

🇺🇸Due Process Forever!

PWS

09-12-23

🏴‍☠️ 🤯 ABSURDIST SCOFFLAW TEX “GOV” ABBOTT BLOWN AWAY IN ROUND I OF “BUOY BATTLE!” — Texas Federal Judge Rejects Ludicrous “Invasion Defense!”

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

Priscilla Alvarez reports for CNN:

https://www.cnn.com/2023/09/06/politics/texas-mexico-border-water-barriers-migrants/index.html

CNN  —

A federal judge ordered Texas to remove floating barriers in the Rio Grande and barred the state from building new or placing additional buoys in the river, according to a Wednesday court filing, marking a victory for the Biden administration.

Judge David Alan Ezra ordered Texas to take down the barriers by September 15 at its own expense.

The border buoys have been a hot button immigration issue since they were deployed in the Rio Grande as part of Gov. Greg Abbott’s border security initiative known as Operation Lone Star. The Justice Department had sued the state of Texas in July claiming that the buoys were installed unlawfully and asking the judge to force the state to remove them.

In the lawsuit, filed in US District Court in the Western District of Texas, the Justice Department alleged that Texas and Abbott violated the Rivers and Harbors Appropriation Act by building a structure in US water without permission from United States Army Corps of Engineers and sought an injunction to bar Texas from building additional barriers in the river. The Republican governor, meanwhile, has argued the buoys are intended to deter migrants from crossing into the state from Mexico.

Texas swiftly appealed the judge’s order.

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

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

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

Who knows how this will play out in the 5th Circuit and the Supremes, given the composition of those courts. But, at least for a day, Judge Ezra has brought some common sense and the rule of law to bear on out of control grandstanding Texas “Governor” Greg Abbott. 

In addition to being cruel and illegal, Abbott’s $140 million buoy boondoggle is predictably a failure from a deterrence standpoint. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi-5saEvpiBAxUXpIkEHU1VBwoQFnoECBoQAQ&url=https://www.livemint.com/news/texas-floating-border-wall-fails-to-deter-migrants-11693942981798.html&usg=AOvVaw0TX6bBkO0Fv0MezJLQPJkk&opi=89978449. (Although Abbott and his White Nationalist supporters falsely claim otherwise.) But, as my friends Dan Kowalski and Judge “Sir Jeffrey” Chase often say, effective deterrence isn’t the point — the cruelty and dehumanization is!

We should also remember that the vast majority of those whom Abbott and the nativists bogusly call “invaders” seek only to turn themselves in to U.S. authorities so they can exercise their clear legal rights to apply for asylum — rights that attach regardless of status or manner of entering the U.S. (Rights that also have improperly been diminished and impeded by the Biden Administration’s ill-advised asylum regulations, currently under legal challenge).  

If successful (under a legal system intentionally rigged against them), these so-called “invaders” will use their skills and work ethic to expand our economy and help Americans prosper while saving their lives and those of their families. To anybody other than Abbott and other White Nationalists, that sounds like a potential “win-win” that could and should be “leveraged” for everyone’s benefit!

Judge Ezra’s opinion in the aptly-named U.S. v. Abbott can be found here:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749163/gov.uscourts.txwd.1172749163.50.0.pdf?ftag=YHF4eb9d17

🇺🇸 Due Process Forever!

PWS

09-07-23

🇺🇸🗽👩🏾‍🎓 INVESTING IN AMERICA’S FUTURE: MAINE MAKES EFFORT, WELCOMES NEW STUDENTS FROM ASYLUM-SEEKING FAMILIES!  — “School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.”

 

Gillian Graham
Gillian Graham
Staff Writer
Portland Press Herald

https://www.pressherald.com/2023/08/28/schools-make-last-minute-push-to-prepare-for-new-students-from-asylum-seeking-families/?utm_source=Newsletter&utm_medium=email&utm_content=Daily+Headlines%3A+Hundreds+celebrate+return+of+Gray-New+Gloucester%2FRaymond+Little+League+team&utm_campaign=PH+Daily+Headlines+ND+-+NO+SECTIONS&auth0Authentication=true

Local schools make last-minute push to prepare for new students from asylum-seeking families

In Freeport and Sanford, schools have hired English instructors and made other adjustments needed to welcome dozens of new students.

BY GILLIAN GRAHAM STAFF WRITER

Maine welcomes students
Maine welcomes students

 

Children catch bubbles Aug. 17 at a free barbecue organized by the Lewiston School Department to mark the end of its summer outreach program that provided numerous services for students and families. It also gave the School Department the opportunity to connect with students and parents, hand out schedules, sign students up and make connections before the start of school. Russ Dillingham/Sun Journal

With just a week to go before the first day of school, staff from Freeport schools headed to a local hotel to meet their newest students.

The 67 students, all from asylum-seeking families, had just moved to the Casco Bay Inn from the Portland Expo, where nearly 200 people had been staying in the temporary shelter before it closed. The families all decided to send their kids to Freeport schools instead of busing them to Portland to attend classes, said Jean Skorapa, superintendent of Regional School Unit 5 in Freeport.

“Our first goal is to get them enrolled and in a class,” she said. “That piece is done. Now we look at how to best serve their needs.”

The scramble to welcome new students and connect them with the services they need is becoming a familiar challenge in Freeport and other Maine communities where the families are settling.

For the past several years, school districts in southern Maine have had to make quick adjustments as they enroll dozens of students from asylum-seeking families, many of whom come from African countries and speak little or no English when they arrive. To meet their needs, they’ve had to hire more teachers for English learners, add social workers and support staff, and make sure translation services are in place to communicate with parents.

“For us, this is a new experience,” said Steve Bussiere, assistant superintendent in Sanford, where 38 students enrolled in May when their families arrived in the city. There will be 55 students from asylum-seeking families in Sanford schools this year, he said.

School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

. . . .

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

Read the complete article at the link.

Congrats to educational and political leaders in Maine for making the system work as it should! Immigrants becoming Mainers and settling down there is making a positive difference! Seems like the Feds, not to mention other states and localities, could use some of this same positive approach and enlightened, courageous leadership.

The Portland’s Press Herald’s Editorial Board echoed this view in an editorial published yesterday:

Our View: To invest in immigrant pupils is to invest in the future

A big effort by Maine schools to accommodate English language learners will have a big return for their communities.

A new experience.

That’s how Steve Bussiere, assistant superintendent in Sanford, described Sanford schools’ addressing the needs of 55 new students from asylum-seeking families this coming school year.

It’s a new experience for the kids, too, and thanks to thoughtful, time-intensive efforts by Bussiere’s colleagues and other schools around Maine – hiring additional teachers to teach English to English language learners, hiring more social workers and more support staff and refining translation services so that school staff and administrators can communicate with new pupils’ parents – it can be a good experience.

The focus on multilingual learners requires a serious effort and will make a serious difference to our state.

Thankfully, the Maine Legislature expressed its understanding of that fact in July, including $3.5 million for the support of English language learners – via the English Language Learner Hardship Fund – in the special supplemental budget.

This valuable funding becomes available to schools at the end of October. Portland’s public schools will receive more than $784,000; Lewiston, $631,000; South Portland, $302,000; Biddeford, $192,000, Brunswick, $150,000; Saco, $110,000; Freeport, $109,000, and Westbrook, $93,000.

In Freeport, arrangements have been made for 67 new students who recently moved with their families from the temporary shelter at the Portland Expo to the Casco Bay Inn. Jean Skorapa, superintendent of Regional School Unit 5 in Freeport, struck a crystal-clear and exceedingly warm note earlier this week – sounding like many other Maine educators on the same subject in recent years.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

In other school districts, efforts such as these have been up and running for a while. According to our reporting Monday, Lewiston schools work with students who speak a total of 38 languages. The school district there has a multilingual center that works with families and offers vital help with paperwork and orientation. Portland has been supporting new students from asylum-seeking families for years; in July, we reported that one-third of the district’s roughly 6,500 students were multilingual.

The numbers make it clear as day: The downside risk of underfunding English language learning is now way too steep for these parts of Maine to run. Yes, there’s a moral imperative here; it is also a legal requirement of our public schools. We trust that, on the strength of existing work in this realm, the practice of funding multilingual learning education becomes just that – a practice. Rep. Michael Brennan, D-Portland, House chair of the Education and Cultural Affairs Committee, expressed his commitment to continue funding the program “in the coming years.”

Appropriate investment in these students fosters a sense of belonging, reduces the risk of pernicious, hard-to-close learning gaps and, as students find themselves better and better equipped to support their families locally, has wide-reaching benefits. To say nothing of what it means for school graduates of the future. On top of that, successive studies have shown that the teaching techniques that assist English language learners assist all students.

That’s not to say there won’t be hurdles to overcome. In recent days, tense and ugly anti-immigrant rallies in Manhattan, Staten Island and Woburn, Massachusetts, laid bare the style of racist, isolationist thinking that continues to oppose even the most commonsense steps towards integration and inclusion.

Our schools need more support, and they need it to be specific. The calls for increased attention to the new members of the student body need to be sustained in their volume and their clarity. It makes sense, at every level, to seize this opportunity to enrich our classrooms and our communities.

Kids are our future. It’s definitely worth the effort!

Helping Hand
A Helping Hand.jpg
Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand.
Safiyyah Scoggins – PVisions1111
Creative Commons Attribution-Share Alike 4.0
White Nationalist Xenophobes like Trump, DeSantis, Abbott, & Ducey have abandoned Traditional Judeo-Christian values in favor of neo-fascism. But, the rest of us should hold true to our “better angels.”

🇺🇸 Due Process Forever!

PWS

08-31-23

🇺🇸⚖️ ON THE 60TH ANNIVERSARY OF DR KING’S “DREAM SPEECH,” NDPA SUPERSTAR BREANNE J. PALMER RELEASES PART III OF HER “BLACK IMMIGRATION PRIMER:” MAGA America Seeks To Turn Back The Clock On Progress: “45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people.”

 

Breanne Justine Palmer, Esquire
Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

Breanne Justine Palmer, Esq.

Breanne Justine Palmer, Esq.

(She/Her) • 1st

(She/Her) • 1st

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

1d •

1d •

The following post is the final part of my 2017 Black Immigration Primer! I delve into the impact of former President Donald Trump’s early executive orders on Black immigrants, the consequences of which are still being felt today.

It seems like ages since 45 (the former President of the U.S.) issued a volley of executive orders affecting various areas of our lives. Here, I want to talk about the two versions of the Travel Ban (a.k.a. the #MuslimBan) and how they target Black immigrants, Muslim immigrants, and Black Muslim immigrants. The travel bans live at the intersection of anti-Blackness and Islamophobia.

First, some terms and their definitions. Anti-Blackness (also known as anti-Black racism) is what it sounds like: systems, policies, beliefs, and behaviors that are “resistant or antagonistic to Black people or their values or objectives.” We often see anti-Blackness in other communities of color. Some argue that assimilation into American culture is predicated on embracing anti-Blackness (in order to succeed in America, one must separate oneself from Black people and violently oppose Black people’s success). Islamophobia is a “dislike or prejudice against Islam or Muslims, especially as a political force.” It’s important that anti-Blackness and Islamophobia are not merely individual beliefs; they encompass power of the systemic kind. Anti-Blackness and Islamophobia result in harmful, deadly policies and wars.

It’s safe to say that 45 and his administration are a number of things (misogynistic, racist, unethical, evil, and so forth) but they are also distinctly anti-Black and Islamophobic. 45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people. Let’s discuss them in turn. Read more on my blog!

#blackimmigrants #muslimban #africanban #45 #xenophobia #islamaphobia #antiblackness

http://www.breannejpalmer.com/blog/black-immigration-primer-part-iii

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

Thanks Breanne!

Most recently, Black Americans in Jacksonville have reacted to Florida Gov. Ron DeSantis’s promotion of racism, guns, and White Nationalist myths. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjo1euz_IGBAxWBFVkFHXvnCdIQFnoECBYQAQ&url=https://www.npr.org/2023/08/28/1196305761/desantis-jacksonville-vigil-booed&usg=AOvVaw0S6ZRq1nLipLNzpK2reN_T&opi=89978449

It’s going to take more than $1 million in “security assistance” to a HBUC and $100k to victims’ families to cover up the far right GOP’s responsibility for promoting racism and hate crimes in America. And, the war on immigrants of color is a key part of the racism, Islamophobia, and misogyny that has found a home in the far right of today’s GOP! 

Indeed, as I have pointed out on many occasions, MAGA’s hate-fueled campaign to eliminate individual rights in America started with Trump’s lies and distortions targeting migrants of color from Mexico and elsewhere! That’s why Dems’ overall failure to engage with the GOP on immigration, and to vigorously and proudly defend migrants’ rights, has such tragic implications for American democracy!

🇺🇸 Due Process Forever!

PWS

08-2-23

🇺🇸🗽👍 WATCH TEA’S COFFEE: Immigrant Food’s Superstar 🌟 Co-Founder/COO & Cato’s Alex  Nowrasteh Take Apart The White Nationalist Restrictionist Myths About Immigrants! 

Tea Ivanovic
Tea Ivanovic
Co-Founder and Chief Operating Officer
Immigrant Food
PHOTO: Immigrant Food

 

Alex Nowrasteh
Alex Nowrasteh
Vice President for Economic & Social Policy Studies
Cato Institute

Tea writes:

Editor’s Note – August 2023

Dear Reader,

America is built on the drive and determination of immigrants. Even though immigration is one of America’s founding principles, it remains one of the most hotly contested social and political issues of modern times. This ongoing debate is fueled by a number of negative myths about immigrants that have taken root in society.

This month, we are committed to busting the common political, economic, and demographic myths about immigration. We examine how these myths have taken root in our society, how they spread, and what can be done to change the narrative on immigration.

For this month’s issue, we spoke with Alex Nowrasteh, the Vice President for Economic and Social Policy Studies at the Cato Institute. Alex is one of the leading voices when it comes to immigration policy.

Hope you gain new insights,
Téa

 

Watch “Tea’s Coffee” where she interviews Alex Nowratseh here:

https://immigrantfood.us4.list-manage.com/track/click?u=ce06e58bfebaeac8af360fd3e&id=2800d3f1d8&e=16814f5ced

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

Watch the video at the above link and find out more on the Immigrant Food website here:

https://immigrantfood.com/

Alex says there are three things we can do to combat the myths and lies being spread by the nativist/restrictionists:

  • Recognize the humanity of immigrants and their legal rights under our laws;
  • Emphasize that immigrants compliment, rather than compete with, us;
  • Point out that the “border chaos” is largely the result of bad laws and failed deterrence policies rather than the fault of immigrants.

By contrast, you can spot the bogus restrictionist/nativist myths a mile way because they:

  • Dehumanize immigrants by falsely reducing them to “statistics, numbers, apprehensions, beds, costs, graphs, and charts;”
  • Make the bogus claim that our economy is a “zero sum game” where every additional immigrant means “less of the pie” for you or me — a claim which is demonstrably false because people and immigration are what have allowed us historically to expand our economy so there potentially will be more for everyone (provided that those at the top don’t grab a disproportionate share for themselves);
  • Promote the myth of “just get in line” when there in reality is no line for most to get in because of the unduly restrictive nature of our laws and their poor administration by successive Administrations. They ignore the reality that robust migration is here to stay. The real choice is whether or not we want realistic laws and policies that recognize and harness that reality or instead continue to reward smugglers, enrich jailers, and force millions of migrants into the “extralegal” underground economy where they can not contribute fully economically or politically.

 

Haley Sweetland Edwards
Haley Sweatband Edwards
Nation Editor
Time Magazine
PHOTO: Pulitzer

As another “myth debunker,” Time’s Haley Sweetland Edwards, said:

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

https://immigrationcourtside.com/2019/01/27/inconvenient-truth-haley-sweetland-edwards-time-tells-what-trump-miller-cotton-sessions-their-white-nationalist-gang-dont-want-you-to-know-human-migration-is-a-powerful-force-as-old/

Clown Court
“And the winner was . . . .”
PHOTO: Clown Civertan.jpg, Creative Commons License

“Governments must act rationally!” Certainly, neither Trump nor any of the GOP clowns 🤡 seeking to be him are “rational actors” on immigration, the economy, infrastructure, education, individual rights, or anything else of importance to our nation. Indeed, the ignorance, indecency, irrationality, and bias exhibited during the so-called “GOP debate” was beyond appalling, despite the media’s pathetic attempts to “normalize” idiocy. Six folks afraid to say “hypothetically” that they would vote for someone OTHER than a convicted felon who made totally baseless claims that he won the 2020 election! Gimmie a break! (I’m certainly not the only one impressed by the disturbingly low quality of  the GOP “field.” See, e.g., https://www.huffpost.com/entry/larry-hogan-gop-candidates-trump-conviction-question_n_64e82302e4b0a2a9abc4bdc0).

Tea Ivanovic — an amazing immigrant entrepreneur and inspirational leader who is on Forbes’s list of “30 under 30” — is a stellar example of how immigrants of all types — from those at the border to those in boardrooms — make America better! See, e.g.,

https://immigrationcourtside.com/2023/07/22/🦃-hokie-hero-va-tech-honors-ndpa-all-star-tea-ivanovic-of-immigrant-food-industry-leader-spotlight-disruptive-food-startup-incorporates-gastronomy-a/

Food for thought from Tea and the good folks at Immigrant Food!

🇺🇸 Due Process Forever!

PWS

08-26-23

🏴‍☠️☠️⚰️ GOP WHITE NATIONALIST THEOCRACY THREATENS AMERICA, STARTING @ BORDER! — “Worthy of Goebbels!” — “[N]othing new. . . . It’s called fascism.” — “America’s Orbans” Undermine Liberal Democracy, Promote Illiberalism!”

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

https://substack.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.Rwn0xJ7gMZxpR5nks4NIo58FlfZsCsJm972lF9tcKws?

Melissa Del Bosque writes in the Border Chronicle:

. . . .

While this might seem uniquely cruel, Abbott is closely following the authoritarian playbook of Viktor Orbán, Hungary’s prime minister, and current European thought leader for MAGA Republicans. Donald Trump calls Orbán a friend, and White supremacist Tucker Carlson spent a week covering him for his former show on Fox, later making a “documentary” about Hungary called Hungary vs. Soros: Fight for Civilization. For the last two years, the right-wing Conservative Political Action Conference, founded in the U.S., has held a “Woke Free Zone” conference in Budapest.

Share

By studying Orbán’s crackdown on asylum seekers and its progression over the last several years, you can see exactly where Abbott’s Texas is headed (and DeSantis’s Florida, for that matter).

In a speech in July 2022, Orbán argued that European and non-European people should not mix. Europeans “do not want to become peoples of mixed-race,” he said. After the speech, one of Orbán’s longtime advisers quit in protest. “I don’t know how you didn’t notice that you were presenting a pure Nazi text worthy of Goebbels,” his adviser wrote in her public resignation letter. Orbán’s speech was widely condemned in Europe, and it further alienated him from other Western leaders.

But in Texas, just days after his speech “worthy of Goebbels,” Orbán was welcomed with a standing ovation at the CPAC conference in Dallas, where he touted his “zero migration” and Judeo-Christian nationalism. “The globalists can all go to hell,” he boasted. “I have come to Texas.”

On the same CPAC stage that day, Abbott followed with similar xenophobic talking points. He bragged about Operation Lone Star and encouraged conference-goers to donate to a state-run website to pay for bussing migrants out of Texas. Lieutenant Governor Dan Patrick echoed Orbán’s White Christian nationalism: “The framers did not write the Constitution,” he said. “God wrote the Constitution. We are a Christian nation.”

. . . .

Unsurprisingly, Orbán’s cruel tactics against asylum seekers, which have included kidnappings and beatings, do not deter people from coming. They are fleeing wars, after all. But Orbán has used his poisonous populism to solidify his power, just as Abbott and DeSantis are trying to do. It began with asylum seekers in 2015, but now in Hungary there is no independent media or judiciary, and the LGBTQ community and immigrants have become targets for persecution as the prime minister has consolidated his control over the government. Antisemitism is also on the rise.

This is the playbook that MAGA Republicans are following in Texas, Florida, and elsewhere. We already know how it ends. Orbán’s “illiberal democracy,” which is being lionized by Trump, Abbott, and others, is nothing new. In fact, it’s very old. It’s called fascism.

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

Read Melissa’s complete article at the link. Nearly 80 years after the fall of the Nazi regime, Hitler’s hateful, racist, virulently anti-Semitic views are alive and well in today’s GOP. Even in Texas, a Federal Judge had no time for Abbott’s racist/absurdist claim of “invasion.” https://linkst.dallasnews.com/click/32480676.167870/aHR0cHM6Ly93d3cuZGFsbGFzbmV3cy5jb20vbmV3cy9wb2xpdGljcy8yMDIzLzA4LzIyL2ZlZGVyYWwtanVkZ2UtcmVqZWN0cy10ZXhhcy1taWdyYW50LWludmFzaW9uLWRlZmVuc2UtaW4tZG9qLWxhd3N1aXQtb3Zlci1ib3JkZXItYnVveXMvP3NhaWx0aHJ1X2lkPTYyNjgxMjQyNGY3NTdmNjRiYWUyYWEzMg/626812424f757f64bae2aa32C5a2af025.

This is NOT a “normal” American political party!

🇺🇸 Due Process Forever, White Nationalism, Never!

PWS

08-23-23

🏴‍☠️☠️⚰️💰 DECADES OF DEADLY FAILURE FAIL TO DIM PROFITS OF BORDER DETERRENCE GIMMICKS!

Border Death
Full coffins mean full coffers for the “border deterrence industry.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0
Todd Miller
Todd MIller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

Todd Miller reports for the BorderChronicle:

https://substack.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.w-bNM02eUaZHfY7ojKTD4aVI7br24RMUUozCM32pBPs?

When I first came across Cochrane International, the company that built the floating barrier deployed in Eagle Pass, Texas, I watched a demonstration the company gave with detached bemusement. I was at a gun range just outside San Antonio. It was 2017, three months after Donald Trump had been sworn in and the last day of that year’s Border Security Expo, the annual gathering of Department of Homeland Security’s top brass and hundreds of companies from the border industry. Among industry insiders, the optimism was high. With Trump’s wall rhetoric at a fever pitch, the money was in the bank.

All around me, all morning, Border Patrol agents were blasting away body-shaped cutouts in a gun competition. My ears were ringing, thanks in part to the concussion grenade I had launched—under the direction of an agent, but with great ineptitude—into an empty field as part of another hands-on demonstration. The first two days of the expo had been in the much-posher San Antonio convention center, where companies displayed their sophisticated camera systems, biometrics, and drones in a large exhibition hall. But here on the gun range we seemed to be on its raw edge.

So when a red truck with a camo-painted trailer showed up and announced its demonstration, it wasn’t too much of a surprise. The blasting bullets still echoed all around as if they would never cease. Two men jumped out of the truck wearing red shirts and khaki pants. They frantically ran around the camo trailer, like mice scurrying around a piece of cheese trying to figure out the proper angle of attack. Then the demo began. One of the men got back in the truck, and as it lurched forward, coiling razor wire began to spill out of its rear end as if it were having a bowel movement. As the truck moved forward, more and more of Cochrane’s Rapid Deployment Barrier spilled out until it extended the length of a football field or more. It was like a microwavable insta-wall, fast-food border enforcement.

Little did I know that six years later, this same company, Cochrane, would give us the floating barrier, with its wrecking ball–sized buoys connected side by side with circular saws. The floating barrier, as the Texas Standard put it, is the “centerpiece of Operation Lone Star,” Texas governor Greg Abbott’s $4.5 billion border enforcement plan. For this barrier, which has now been linked to the deaths of at least two people, the Texas Department of Public Safety awarded Cochrane an $850,000 contract.

. . . . .

When I first saw Cochrane back in 2017 among the ear-ringing gunfire on the last day of the Border Security Expo, I had a feeling I might see them again. No matter how ludicrous the rapid barrier deployment camo truck seemed to me then, there was, indeed, plenty of money to be made.

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

Money and profit over humanity, common sense, and the rule of law. Read the full article at the link.

🇺🇸 Due Process Forever!

PWS

0-19-23

🇺🇸⚖️🗽🧑‍⚖️ CONGRATULATIONS TO HON. KATHERINE E. (“KATE”) CLARK, NEWLY APPOINTED APPELLATE JUDGE AT THE BIA: Practical Scholar, Legacy Arlington Immigration Court Intern Alum, Former EOIR JLC, Georgetown Law Grad, AYUDA Supervisor, Hill Staffer, Civil Servant, Judge Clark’s Broad Background Appears “Just What The Doctor Ordered” For Failing & Flailing “Supreme Court of Immigration!”😎

Hon. Katherine E. Clark
Honorable Katherine E. Clark
Appellate Immigration Judge & Board Member
U.S. Board of Immigration Appeals
PHOTO: AYUDA website

Here’s the EOIR press release:

https://www.justice.gov/eoir/page/file/1593116/download

EOIR Announces New Appellate Immigration Judge

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA).

The BIA is the highest administrative body for interpreting and applying immigration laws, having nationwide jurisdiction to hear appeals of decisions by adjudicators, including Immigration Judges.

Biographical information follows:

Katharine E. Clark, Appellate Immigration Judge

Attorney General Merrick Garland appointed Katharine E. Clark as an Appellate Immigration Judge in August 2023. Judge Clark earned a Bachelor of Arts, magna cum laude, in 2003 from Brown University and a Juris Doctorate in 2006 from Georgetown University Law Center. From 2022 to 2023, and 2007 to 2018, she served as a senior litigation counsel and trial attorney at the Office of Immigration Litigation, Civil Division, Department of Justice. From 2019 to 2021, she was a managing attorney at Ayuda in Silver Spring, Maryland, where she also handled cases on a pro bono basis. From 2018 to 2019, she was counsel for the U.S. Senate Judiciary Committee. From 2006 to 2007, she served as a Judicial Law Clerk at the Boston Immigration Court, entering on duty through the Attorney General’s Honors Program. Judge Clark is a member of the Maryland State Bar and the Pennsylvania State Bar.

— EOIR —

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

Proud to say Judge Clark is a graduate of not only Georgetown Law (where I am an Adjunct), but one of many distinguished alums of the Legacy Arlington Immigraton Court Internship Program, established by my good friend and colleague Retired U.S. Immigraton Judge Mario Christopher Grant. I later inherited the “Mentor Judge” position upon Judge Grant’s retirement. Judge Clark is the first, hopefully of many, of those we mentored to be appointed to the BIA.

I am also a member of the Advisory Board at AYUDA, where Judge Clark worked as a supervisory attorney from 2019-21.

Judge Clark’s experiences give her an exceptionally broad, varied perspective. She has seen the system from the inside, at EOIR, as an NGO advocate assisting those struggling to deal with EOIR’s dysfunction and institutional unfairness, as an OIL attorney defending EOIR’s work, and as a legislative aide attempting to address the system’s many shortcomings.

She is well positioned to help the BIA and EOIR move beyond the flawed decision-making, unrealistic guidance, and backlog-building “Aimless Docket Reshuffling” that has plagued the Immigration Court System over the past two decades. Hopefully she will be a force in returning EOIR to it’s proper (though long-abandoned) vision of: Through teamwork and innovation, becoming the world’s best administrative tribunals, guaranteeing fairness and due process for all!

It’s far away from that now! But, there are some judges at EOIR like Judge Clark qualified and capable of leading a “due process renaissance” at the beleaguered tribunals. Whether and to what extent they will be able to do so remains to be seen.

Congratulations again and good luck to Judge Clark!

🇺🇸 Due Process Forever!

PWS

08-16-23

🇺🇸⚖️🗽 ANDREA R. FLORES @ NYT: We Know That “Uber Deterrence” Fails At The Border — Title 42 Debacle Under Trump Proves It: Biden Must Abandon The Restrictionist Remnants & Restore Legality & Integrity To Our Current Refugee & Asylum Systems!

Andrea Flores
Andrea Flores
Vice President for Immigration Policy and Campaigns at FWD.us.
PHOTO: Linkedin

https://nl.nytimes.com/f/newsletter/H7Demr4HzkuwqSIi_5Cg4g~~/AAAAAQA~/RgRmt1VqP0TpaHR0cHM6Ly93d3cubnl0aW1lcy5jb20vMjAyMy8wOC8xMC9vcGluaW9uL2FzeWx1bS1zZWVrZXJzLWltbWlncmF0aW9uLXJlZm9ybS5odG1sP2NhbXBhaWduX2lkPTM5JmVtYz1lZGl0X3R5XzIwMjMwODEwJmluc3RhbmNlX2lkPTk5NzE5Jm5sPW9waW5pb24tdG9kYXkmcmVnaV9pZD03OTIxMzg4NiZzZWdtZW50X2lkPTE0MTYxOCZ0ZT0xJnVzZXJfaWQ9OGExZjQ3Mzc0MGIyNTNkOGZhNGMyM2IwNjY3MjI3MzdXA255dEIKZNNq0NRk4LcZOlISamVubmluZ3MxMkBhb2wuY29tWAQAAAAD

Andrea writes in a NYT Op-Ed:

U.S. asylum laws were designed to protect people fleeing harm. They were enacted in the decades following the Holocaust to ensure that the United States never again turned away people fleeing persecution. But now, many blame these laws for the chaos and inhumanity at the nation’s southern border.

The biggest blow to America’s commitment to asylum came during the pandemic, when former President Donald Trump invoked Title 42, an emergency measure that allowed border agents to turn away asylum seekers, under the justification of preventing the spread of the virus.

When Title 42 restrictions were lifted in May, President Biden enacted a carrot-and-stick approach aimed at deterring new asylum seekers from traveling by foot to the border. These new measures included a set of legal pathways, including a parole program that allows people from select countries, including Cuba and Haiti, to legally enter the country for at least two years, provided they have a financial sponsor in the United States. Doing so has discouraged would-be migrants from taking a dangerous trek with a smuggler, often through multiple continents.

This approach would have been a great step forward if it wasn’t paired with a counter measure that prohibits some asylum-seekers at the border from applying for protection in the United States. The vast majority of migrants must secure an appointment at an official port of entry, which are difficult to obtain, or else they will be subject to expedited removal if they cannot prove that they sought legal protection in another country along the way.

. . . .

If proponents of a secure border are serious about lowering border crossing numbers and decreasing unauthorized migration, they should support Mr. Biden’s attempts to create new legal pathways. Instead, a coalition of Republican attorneys general is challenging the president’s parole program. In Congress, Senate Republicans are trying to eliminate the same parole authority that allowed Afghans to temporarily resettle in the United States. There have been no challenges to the use of the parole authority to bring Ukrainians to the United States.

These actions reveal that our current fight over the border is not about the number of people trying to come here — it is about which should be allowed to come. American voters may not have strong opinions about the future of the asylum system or the legal pathways being created, but voters of both parties dislike the chaos and human suffering that have subsumed this issue for the past 10 years. Over a million American citizens have signed up to sponsor migrants from Cuba, Haiti, Venezuela and Nicaragua.

At a moment of record global displacement, we can’t keep waiting for Congress to modernize our immigration laws. Safe legal pathways are good for the people who use our immigration system. Mr. Biden has taken some critical steps to give migrants better options, but with no hope of congressional action in the near future, more is needed.

Andrea R. Flores is the vice president for immigration policy and campaigns at FWD.us.


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

Read the complete op-ed at the link.

Much of what Andrea says echoes what I have said over and over on Courtside and has been repeatedly recommended by experts, who are then largely ignored by the Biden Administration. 

As I have argued before, the “low hanging fruit” here would be EOIR reform: A new BIA of “practical scholars;” better IJs with proven asylum and human rights experience; ending “Aimless Docket Reshuffling On Steroids” (which drives many poor policy and legal decisions); and getting some dynamic, fearless, expert leadership on human rights and immigration at the DOJ — which is either the driver or the facilitator of many of the problems at the border, depending on how you look at it.  

We can also see how Garland’s lackluster performance on immigration affects other areas of justice such as civil rights, women’s rights, and LGBTQ rights, to name a few of the most obvious ones. Nobody at today’s DOJ appears to possess the “big picture” knowledge and experience to “connect the dots” on these critical issues.

🇺🇸 Due Process Forever

PWS

08-10-23