LA TIMES: ONE OF THE “MOST REAL” AMERICANS RESPONDS TO TRUMP’S MESSAGE OF HATE AND RACISM: “Trump’s rhetoric has people expressing hatred toward Americans like me, whose ancestors have been here for generations, and now he preaches against migrants who want to come here now. Perhaps Trump should learn more about the customs of his family’s adopted homeland so he can become a leader rather than a divider of people.”

From the LA Times Editorial Section for Nov. 3, 2018:

Re “Who’s really an American?” editorial, Oct. 31

Questions over who ought to be considered American are complicated for those who do not look white. Ethnically and culturally, I am numerous things, which is a huge bonus because it helps me understand others. Because I have a significant amount of indigenous American heritage, I can honestly state that some of my people have been in North America for thousands of years.

However, within the last year, I have been told to go back where I came from. Since I don’t speak Spanish, being dumped in Mexico, presumably where these people want me to go, would be a challenge. Regardless, not one of my ancestors arrived here any later than the early 1800s.

On the other hand, President Trump’s mother, both of his paternal grandparents and two of his wives were not born in the United States. Trump’s present wife, who is our first lady, speaks English well enough to hold a casual conversation. In other words, the president’s family is a family of immigrants, and they have been welcomed here.

However, Trump’s rhetoric has people expressing hatred toward Americans like me, whose ancestors have been here for generations, and now he preaches against migrants who want to come here now. Perhaps Trump should learn more about the customs of his family’s adopted homeland so he can become a leader rather than a divider of people.

Marcella Hill, Los Angeles

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

Pretty much says it all about Trump’s lack of character, morality, and qualifications to serve as President.

Regime change can start on next Tuesday! Get out the vote! Take our “country of immigrants” back from the White Nationalists (who, ironically, also are immigrants themselves, notwithstanding their ingratitude, lack of decency, and lack of any sense of REAL history — not the White Nationalist version peddled by Trump, Sessions, Miller, Bannon, Kobach, Steve King, etc.).

PWS

11-03-18

 

RECREATING 1939: Led By Trump’s Brand Of Selfish “It’s All About Me” Racially Charged Nationalism, Prosperous Western Democracies Are Abandoning Their Legal & Moral Commitments To Refugees! – Are We On The Verge Of A “New Holocaust” While The Free Word Looks Inward? — “[M]illions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed ‘never again.'”

https://www.nytimes.com/2018/11/02/world/europe/trump-asylum.html

Max Fisher and Amanda Taub in the NY Times:

LONDON — President Trump’s promise to stop a caravan of Central American migrants from reaching the United States border, if necessary through military force, might seem like just another effort by the president to unilaterally dismantle international laws and accepted practices.

But there is one important difference between this and Mr. Trump’s go-it-alone defiance of climate change agreements, trade deals or arms control treaties. In attacking the long accepted means of protecting refugees and upholding stability in times of mass displacement, he’s got company. Lots and lots of company.

There is no shortage of countries that also skirt, and therefore undermine, global refugee rules. The European Union and Australia are two of the biggest offenders. Peru and Ecuador are restricting Venezuelan refugees, while Tanzania is working to push out Burundians.

Image
Stateless Rohingya migrants passing food supplies dropped by a Thai Army helicopter to others on a boat drifting in Thai waters in the Andaman Sea in 2015.CreditChristophe Archambault/Agence France-Presse — Getty Images

In 2015, as Rohingya refugees fled Myanmar on overcrowded boats, the governments of Indonesia, Malaysia and Thailand — in a move that might make even Mr. Trump blush — pushed the boats out to sea, stranding them, to prevent them from reaching safe shores.

Still, countries tend to hide their violations by presenting themselves as following the letter of the law, or by dressing up anti-refugee measures in humanitarian terms. But Mr. Trump is selling his harsh treatment of asylum-seekers as deliberate. And even if he is not the first to breach the rules, he is contributing to their breakdown in ways that could have global consequences.

“The more brazen you get, like Trump, and the more frequent you get, you can easily imagine a norm being completely torn down,” said Stephanie Schwartz, a migration expert at the University of Pennsylvania, who added that Mr. Trump was “taking an ax” to “one of the strongest norms we’ve got in international law” — the right of a refugee to seek asylum.

To consider how that would happen and what it would mean, it helps to understand the basics of asylum and how Mr. Trump fits into its erosion.

. . . .

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

Read the complete article at the link for a clear understanding of how refugee and asylum law is supposed to work and how immoral scofflaws like Trump, Sessions, and Miller are intentionally perverting and subverting it to satisfy their racist White Nationalist agenda.

Their final paragraph should send chills down the spine of every decent human being

The resurgence of populist and nationalist politics also bodes poorly. Us-vs-them movements, skeptical of international agreements and immigration, have little interest in asylum’s foundational concepts of global burden-sharing or universal rights.

If asylum rights were declining even in the era of sunny 1990s global liberalism, it is hard to imagine their doing much better in the era of Donald J. Trump, Viktor Orban and Vladimir V. Putin.

“It takes a really, really long time to build these norms, especially when they restrict government actions in some way,” Ms. Schwartz said. “It’s so much easier to take them down.”

If that happens, the consequences will be most felt far away from the United States-Mexico border, in places like Honduras, Myanmar, Jordan or Burundi, where millions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed “never again.”

PWS

11-03-18

WASHPOST: DON’T SEND TROOPS, GUNS, & MONEY – SEND JUDGES!

https://www.washingtonpost.com/opinions/dont-send-troops-to-the-border-send-judges/2018/11/02/cd54d0f0-deda-11e8-85df-7a6b4d25cfbb_story.html

The Post Editorial Board writes:

PRESIDENT TRUMP has based his midterm election campaign on the specter of an “invasion” by immigrants marching from Central America to the southern border. His demagoguery is disgusting and irresponsible. But there is a real problem of migrants — one that his administration is failing to address.

Many people are crossing the border with their children and applying for asylum, overwhelming existing mechanisms for dealing with asylum seekers. They are feeding what the president calls a “catch-and-release” revolving door for migrants freed as they await hearings to adjudicate their cases, and contributing to a backlog of some 750,000 cases in immigration courts.

A rational response would be to add substantially to the approximately 350 immigration judges, who cannot handle the tens of thousands of asylum claims flooding the immigration courts annually. The administration this year hired a few dozen new judges, a fraction of what is required. As the caseload has more than quadrupled since 2006, the number of judges has not even doubled, according to congressional testimony in April by Judge A. Ashley Tabaddor, president of the National Association of Immigration Judges.

Despite that, Mr. Trump has sneered at the idea of hiring more, even after aides pressed him to do so. “Who are these people?” he raged, before suggesting darkly that adding many new judges would somehow corrupt the system. “Now can you imagine the graft that must take place?” he said.

Granted, the hiring could be challenging, in vetting and cost. But any major challenge involves scaling up resources and personnel, and it’s hard to see why that’s beyond the government’s capabilities.

On the other hand, maybe Mr. Trump prefers having an issue to a solution. He has made it clear he believes the immigration question propelled him into the White House. Now, by ramping up his inflammatory rhetoric, and by advancing over-the-top measures such as sending thousands of troops to the border to fulfill a mission for which they are not trained — Congress has barred troops from law enforcement duties — it seems apparent Mr. Trump has opted for crisis instead of constructive improvements to what he rightly calls a broken system. Instead of deploying thousands of troops, why not hire hundreds of judges?

****************************************
Certainly on the right track here!
But here’s what really needs to happen to address the issue in a rational way:
  • Send more Asylum Officers to do credible fear interviews at the border;
  • Send enough private attorneys to represent all arriving migrants before both the Asylum Office and the Immigration Courts;
  • Allow Asylum Officers to grant temporary withholding of removal under the Convention Against Torture (“CAT”) to the many applicants who have a probability of torture upon return, which clearly happens with “government acquiescence” — or in many cases actual participation or connivance — in the Northern Triangle;
  • Put the asylum claims of those granted CAT withholding on the “back burner” (thus keeping them from clogging the Immigration Courts) while working with the UNHCR and other counties in the Hemisphere (including, of course Mexico and Canada) on a more durable solution for those currently fleeing the Northern Triangle;
  • Otherwise, individuals who pass credible fear should be released on minimal bonds and allowed to go to locations where they will be represented by pro bono lawyers (thus avoiding the money wasted on “tent cities” and other types of expensive and arguably illegal detention) — contrary to the Trump Administration lies, almost all represented asylum applicants show up faithfully for their Immigration Court Hearings;
  • If the Administration wants to “prioritize” the cases of recent arrivals before the Immigration Courts, this can and should be done without creating more “Aimless Docket Reshuffling.” Not “rocket science.” Here’s how:
    • Hundreds of thousands of those now unnecessarily clogging the Immigration Court dockets are long-time residents eligible to apply for “Cancellation of Removal for Non-Lawful Permanent Residents.”  Take those with no serious criminal records off the Immigration Court docket and send them to USCIS Adjudications for initial processing. No rush, since only 4,000 “numbers” are available each year for grants;
    • Those granted can be put in a line for green card numbers maintained by USCIS;
    • Those denied who have committed serious crimes should be referred back to the Immigration Courts;
    • For others who don’t qualify for cancellation of removal, the Administration should sponsor bipartisan legislation to provide legal status to such long-term residents. With Administration support, such legislation clearly could pass both Houses and be enacted into law.
  • The Immigration Courts could then return to real priorities: detained cases; cases of recently arrived individuals with or without asylum claims; cases of immigrants who have committed crimes; and cases of other individuals who don’t fit within our legal system, as properly administered.
  • Sure, this doesn’t match the “White Nationalist game plan.” But, it’s a practical, legal solution that would be good for immigration enforcement, the legal system, and the country as a whole. And, until the final step of legalization of long-term residents, it can be achieved under the current law.
  • And, I’ll bet you the overall cost would be much less than some of the “designed to fail” and perhaps illegal schemes now being pursued by the Administration. That’s particularly true because applications to USCIS and legalization programs actually “pay their own way” through application fees — perhaps even turning a slight profit for the Government.

PWS

11-03-18

 

YES, THEY ARE LEGITIMATE REFUGEES — WSJ EXPOSES THE TRUMP ADMINISTRATIONS’S BOGUS NARRATIVE ON CENTRAL AMERICA – Gangs Have Basically Assumed Quasi-Governmental Authority In El Salvador – The Punishment They Inflict On Those Who Oppose Them Is Good Old Fashioned “Political Persecution” That Squarely Fits The “Refugee” Definition & Our Protection Laws! — Contrary To Sessions’s Misrepresentations, The El Salvadoran Government Clearly “Acquiesces” To The Daily Torture & Threats By Gangs Going On In The Country!

https://www.wsj.com/articles/pay-or-die-extortion-economy-drives-latin-americas-murder-crisis-1541167619?mod=hp_lead_pos5

Robbie Whelan reports for the WSJ:

APOPA, El Salvador—The Congress of El Salvador agreed in April to extend the authority of jailers to keep gang leaders in solitary confinement. Over the next five days, the two reigning street gangs killed more than 100 people.

With the highest homicide rate of all countries in the world, El Salvador is a nation held hostage.

Law-enforcement officials estimate that one gang, MS-13, operates an extortion racket with little pressure from authorities in 248 of the 262 of the country’s municipalities. It battles for neighborhood control with another gang, Barrio 18, which runs its own protection scheme in nearly as many regions.

Politicians must ask permission of gangs to hold rallies or canvass in many neighborhoods, law-enforcement officials and prosecutors said. In San Salvador, the nation’s capital, gangs control the local distribution of consumer products, experts said, including diapers and Coca-Cola . They extort commuters, call-center employees, and restaurant and store owners. In the rural east, gangs threaten to burn sugar plantations unless farmers pay up.

A law-enforcement officer checks the phone of a man suspected of working as a gang lookout during a police sweep this year in a neighborhood of San Salvador, the capital of El Salvador.
A law-enforcement officer checks the phone of a man suspected of working as a gang lookout during a police sweep this year in a neighborhood of San Salvador, the capital of El Salvador.

They have grown so pervasive that “you don’t know where the state ends and the criminal organizations begin,” said Mauricio Ramírez Landaverde, El Salvador’s minister of justice and security, who oversees the national police force.

Latin America accounts for 8% of the world’s population and a third of its homicides, which makes it one of the world’s most murderous regions. At its violent core is El Salvador, where an imported American gang culture rivals government authority, and its leaders hold sway with a surplus of money, guns and willing young men.

Unlike the major drug cartels that for years produced much of the region’s violence—using murder in the service of selling marijuana, cocaine and heroin largely to Americans—gangs in El Salvador, Honduras and Guatemala profit from extorting their own neighborhoods.

The gangs have evolved a more violent, chaotic economic model, one that is advancing in drug-trafficking countries, including Mexico, where large cartels have splintered into many warring groups.

Mauricio Ramirez Landaverde, El Salvador’s minister of justice and security.
Mauricio Ramirez Landaverde, El Salvador’s minister of justice and security.

“We’ve left behind the era of the cartel and the kingpin,” said Alejandro Hope, a security consultant in Mexico City. “Today, most violence in Latin America is the result of a new system that’s more diverse, harder to control, and much more local.”

While drug cartels collect profits from customers abroad, with dollars and euros trickling into local communities, these gangs steal from their own people. Documents collected in a recent federal investigation in El Salvador found that MS-13 earns as much as $600,000 a month in extortion payments from bus companies, retailers and other businesses. The payments range from a few dollars a day on each vehicle operated to hundreds of dollars a month charged to vendors in public markets.

Drug enforcement officials said El Salvador’s gangs earn about $20 million a year from extortion, with an estimated $3 million coming from businesses in San Salvador’s historic center. The gangs also sell drugs and stolen cars, adding to the revenue from legitimate businesses they have seized.

Cementing their national role, MS-13 and Barrio 18 may be El Salvador’s largest employers. The defense ministry estimates the gangs hire as many as 60,000 people as lookouts, collectors and assassins. By comparison, the two largest private employers, underwear makers Hanesbrands Inc. and Berkshire Hathaway’s Fruit of the Loom, together employ about 20,000.

. . . .

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

Read Robbie’s full article at the link.

These aren’t “your father’s neighborhood hoodlums.” No, they are organized, probably more powerful than the Government, and basically control most of the country. Opposing their will is a potential death sentence — not dissimilar to the ways in which totalitarian dictatorships operate.

Rather than wasting time and money sending troops to our borders and pledging to violate our own laws as well as international standards, the Administration needs to begin treating the Central American migration for what it is — a humanitarian refugee situation. They should begin working constructively and cooperatively with the UNHCR and governments in the Western Hemisphere to address it as a refugee situation and to develop meaningful resettlement plans as well as plans to address the chaos going on in the Northern Triangle which is creating the refugee flow in the first place!

PWS

11-02-18

 

 

NO LONGER SUBTLE: Racism, Hate, Intolerance, Lies, Fear-Mongering Against Immigrants At Core Of Trump GOP’s Midterm Pitch! -– The Ugliest Side Of American History & Politics Rears Its Head!

https://apple.news/AxHra5TtoTEqR96pQ3ermwA

RUCKER AND FELICIA SONMEZ report for the Washington Post:

COLUMBIA, Mo. — President Trump, joined by many Republican candidates, is dramatically escalating his efforts to take advantage of racial divisions and cultural fears in the final days of the midterm campaign, part of an overt attempt to rally white supporters to the polls and preserve the GOP’s congressional majorities.

On Thursday, Trump ratcheted up the anti-immigrant rhetoric that has been the centerpiece of his midterm push by portraying a slow-moving migrant caravan, consisting mostly of families traveling on foot through Mexico, as a dangerous “invasion” and suggesting that if any migrants throw rocks they could be shot by the troops that he has deployed at the border. The president also vowed to take action next week to construct “massive tent cities” aimed at holding migrants indefinitely and making it more difficult for them to remain in the country.

“If you don’t want America to be overrun by masses of illegal aliens and giant caravans, you better vote Republican,” Trump said at a rally here Thursday evening.

The remarks capped weeks of incendiary rhetoric from Trump, and they come just five days after a gunman reportedly steeped in ­anti-Jewish conspiracy theories about the migrant caravan slaughtered 11 people at a Pittsburgh synagogue in what is believed to be the worst anti-Semitic attack in U.S. history.

Trump has repeatedly cast the migrants as “bad thugs” and criminals while asserting without evidence that the caravan contains “unknown Middle Easterners” — apparently meant to suggest there are terrorists mixed in with the families fleeing violence in Honduras and other Central American nations and seeking asylum in the United States. The president also said Wednesday that he “wouldn’t be surprised” if liberal donor George Soros had funded the migrant groups — echoing the conspiracy theory that is thought to have influenced the accused Pittsburgh shooter.

Trump questioned again at Thursday night’s rally whether it was really “just by accident” that the caravans were forming.

“Somebody was involved, not on our side of the ledger,” Trump told the crowd. “Somebody was involved, and then somebody else told him, ‘You made a big mistake.’ ”

He also called birthright citizenship a “crazy, lunatic policy,” warning that it could allow people such as “a dictator who we hate and who’s against us” to have a baby on American soil, and “congratulations, your son or daughter is now an American citizen.”

Many of Trump’s Republican acolytes, from Connecticut to California, have followed his lead in the use of inflammatory messages, including an ad branding a minority Democratic candidate as a national security threat and a mailer visually depicting a Jewish Democrat as a crazed person with a wad of money in his hand.

Trump and his supporters argue that the media and the president’s political opponents call racism or anti-Semitism where none exists as a way to demean him and divide Americans. At a campaign rally Wednesday night in Estero, Fla., Trump sought to link his supporters to the accusations.

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“We have forcefully condemned hatred, bigotry, racism and prejudice in all of its ugly forms, but the media doesn’t want you to hear your story,” Trump said. “It’s not my story. It’s your story. And that’s why 33 percent of the people in this country believe the fake news is, in fact — and I hate to say this — in fact, the enemy of the people.”

Meanwhile, an online campaign video personally promoted by Trump this week was denounced by Democrats and some Republicans on Thursday as toxic or even racist.

The footage focuses on Luis Bracamontes, a twice-deported Mexican immigrant who was given a death sentence in April for killing two California law enforcement officers in 2014. The recording portrays him as the face of the current migrant caravan, when in fact he has been in prison for four years.

The 53-second video is filled with audible expletives and shows Bracamontes smiling as he declares, “I killed f—— cops.” With a shaved head, a mustache and long chin hair, Bracamontes shows no remorse for his crimes and vows, “I’m going to kill more cops soon.”

Trump shared the video Wednesday afternoon with his 55.5 million followers on Twitter, and it remained pinned atop his Twitter page the next day. As of late Thursday afternoon, the video had been viewed 3.5 million times.

Ohio Gov. John Kasich (R), a potential 2020 challenger to the president, said Trump crossed a new Rubicon by posting the video.

“We all go through periods where we’re in a tough race and we’ve got to figure out what we should do, but at some point there’s just an ethical line that you should not cross, and I think it’s been crossed here,” Kasich said in an interview. “This latest ad is an all-time low. It’s a terrible ad, it’s designed to frighten people and it’s wrong.”

Rep. Bennie Thompson (D-Miss.) sounded a similar note, saying in a statement Thursday that Trump and Republicans “are so desperate to distract voters from their failures on everything from health care to foreign policy, they have sunk to new lows with hateful rhetoric and racist campaign ads.”

Five days from Election Day, the video underscored the dilemma facing Democrats as they work to calibrate their response to the president’s increasingly incendiary language on race and immigration.

Democratic strategist Donna Brazile said leaders of her party have two schools of thought about Trump’s video and his caravan rhetoric in general. She said they fear that reacting to it only allows the president to dictate the terms of the debate and “spread the toxins into the bloodstream of the electorate,” but that the tone is so appalling — especially coming from the president himself — that they feel compelled to speak out.

“Trump has opened up a whole new playbook to sow discord and to weaponize hate,” Brazile said. “Everyone has seen low politics. We’ve all done low politics. But Lee Atwater would be shocked at the vitriol we’re seeing today — and, man, Lee was scrappy. This is virulent. It’s bone-chilling. It’s like a toxin.”

Atwater, who died in 1991, was a Republican consultant who was known for crafting culturally divisive messages.

Rep. David N. Cicilline (D-R.I.) described the video as a “horribly racist” attempt by Trump to “prey on people’s fears and lack of information about how the immigration system works.”

Some conservatives, meanwhile, cheered the president for ramping up his focus on an issue that helped push him to victory in 2016. “The clip of convicted cop murderer Luis Bracamontes laughing in a Calif. court is something every American should see,” Fox News host Laura Ingraham wrote in a tweet.

Republican strategists say Trump’s immigration push is helping the party here in Missouri, where state Attorney General Josh Hawley is trying to unseat Democratic Sen. Claire McCaskill. Race has been a sensitive issue in the state, which was rocked by unrest in 2014 after an unarmed 18-year-old African American man was fatally shot by a white police officer in Ferguson, Mo.

Ahead of his rally here Thursday in Columbia, the speakers blared “We Are The World,” Michael Jackson’s ode to peace and inclusiveness. Several white supporters interviewed at the event rejected the notion that the president is racially divisive — and they said they resented the very suggestion.

“He’s not a racist president and I’m not a racist,” said Meredith Leon, 65, a retired small-business owner from Columbia. “We want law and order and justice for all people. I’m fed up with everything being race, race, race. Fed up!”

David Ewing, 59, a farmer in Tebbetts, Mo., said he supports Trump’s immigration agenda “100 percent.”

“I don’t think he’s racist,” Ewing said. “It’s just the far left trying to do anything they can to stop him. I ignore them, really.”

As Trump has intensified his rhetoric, a growing number of Republican candidates across the country have followed suit. Some feature graphic anti-immigrant messages and images in their campaign ads, while others have been accused of inciting anti- Semitic or anti-Muslim sentiment.

In Tennessee, a recent ad for Republican Senate nominee Marsha Blackburn features footage of the caravan and warns that it includes “gang members, known criminals, people from the Middle East, possibly even terrorists.” The ad also slams Blackburn’s Democratic opponent, Phil Bredesen, for stating that the caravan is “not a threat to our security.”

An ad released Thursday by Pennsylvania Republican gubernatorial nominee Scott Wagner features ominous music along with footage of the caravan. “A dangerous caravan of illegals careens to the border, two more behind it, and liberal Tom Wolf is laying out the welcome mat,” the ad declares, referring to the state’s Democratic governor.

A Facebook ad being run by the campaign of Rep. Rob Woodall (R-Ga.) features a photo of three heavily tattooed Latino men with the message, “I will protect Georgia from violent criminal gangs.”

And in California, the campaign of Rep. Duncan D. Hunter (R-Calif.), who has been indicted on charges of alleged misuse of campaign funds, has called his opponent, Ammar Campa-Najjar, a “national security threat” with “close family connections” to Islamist militant groups. The 29-year-old Democrat’s grandfather, who died 16 years before he was born, was a key planner of the 1972 attack on Israeli athletes at the Munich Olympics. Campa-Najjar has condemned the attack.

“Instead of making an affirmative case for his own record, he’s trying to disparage the character of a fellow American,” Campa- Najjar said in an interview. “I think that speaks volumes about his policy record.”

The messaging has filtered down to local races as well. In Connecticut, a mailer recently sent out by Republican state Senate nominee Ed Charamut’s campaign depicts Democrat Matthew Lesser as holding a wad of money with a crazed look in his eyes. Lesser is Jewish, and the ad has been denounced for promoting anti-Semitic stereotypes.

After first defending the ad, Charamut’s campaign later issued an apology to Lesser, acknowledging that “the imagery could be interpreted as anti-Semitic.”

Some candidates who have long made inflammatory remarks on immigration and race have found themselves facing a backlash in recent days. Rep. Steve King ­(R-Iowa), who met in August with representatives of a far-right Austrian party and declared that “Western civilization is on the decline,” was publicly rebuked Tuesday by Rep. Steve Stivers (R-Ohio), the head of the National Republican Congressional Committee. King, who previously retweeted a self-described “Nazi sympathizer” and endorsed a Toronto mayoral candidate who appeared on a neo-Nazi podcast, has also seen companies such as Land O’Lakes withdraw their support for his campaign.

Trump’s rhetoric also has prompted outrage from a handful of lawmakers from his party, particularly those who are departing Congress or are in Democratic-leaning districts. Republican leadership has largely remained silent.

Sen. Jeff Flake (R-Ariz.), a frequent critic of Trump who is retiring at the end of his current term, said in a tweet Thursday that the ad featuring Bracamontes was “sickening” and that “Republicans everywhere should denounce it.”

Rep. Carlos Curbelo (R-Fla.), whose district was won by Hillary Clinton by 16 points in 2016, said on CNN that while he hadn’t seen the ad, it was “definitely part of a divide-and-conquer strategy that a lot of politicians, including the president, have used successfully in the past.”

“I hope this doesn’t work,” Curbelo said. “I hope that type of strategy starts failing in our country, but that’s up to the American people.”

Sonmez reported from Washington. Sean Sullivan, Matt Viser and Eli Rosenberg in Washington contributed to this report.

Philip Rucker is the White House Bureau Chief for The Washington Post. He previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local news reporter.

Felicia Sonmez is a national political reporter covering breaking news from the White House, Congress and the campaign trail. She was previously based in Beijing, where she worked for Agence France-Presse and The Wall Street Journal.

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

I always find it interesting when individuals who support, promote, and enable racist agendas “bristle” when confronted with the truth about their actions. Jeff Sessions is one great example of that phenomenon. But, it is what it is. Trump and his brand of GOP are running on an overtly racist platform; support for Trump simply can’t be detached from the reality of what he promotes and stands for — hate, dishonesty, intolerance, and frankly, a very grim future for a country that can’t get its act together and celebrate and use the skills, creativity, dedication, and humanity of all of its inhabitants. Whether you are conservative or liberal, the Trump platform of racism and hate can’t possibly be the keys to success as a nation. We need responsible moral leadership in American. It certainly can’t come from Trump or the GOP at this time in our history.

Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!

PWS

11-02-18

WONG KIM ARK: The Case Where The Supremes Rebuffed The Racist Attack On Birthright Citizenship!

https://www.huffingtonpost.com/entry/chinese-cook-case-birthright-citizenship_us_5bd9ecf5e4b0da7bfc1689d6

Kimberly Yam reports for HuffPost:

During a time of rampant anti-Chinese sentiment, the Supreme Court ruled anyone born in the U.S. is automatically a citizen.

Wong Kim Ark, a restaurant cook who was born in San Francisco, was barred from reentering the U.S. after a trip to visit his parents in China. Ark was arrested, and his case eventually made it to the Supreme Court, where judges ruled that under the 14th Amendment, anyone born in the U.S. is automatically a citizen.

Though Trump claimed he could sign an executive order to revoke the current birthright citizenship policy, Ark’s case set a precedent that’s remained the law of the land for more than a century. In fact, the policy could likely only be changed through a constitutional amendment.

“The bigger issue for us as a country is how do we create more pathways to citizenship, not whether we should cut it off,” Aarti Kohli, executive director of Advancing Justice ― Asian Law Caucus, told HuffPost. We have a lot of people who already call America home who should have the opportunity to become citizens.

Wong Kim Ark, a cook born in San Francisco, was barred from reentering the U.S. after visiting his parents in China.

DEPARTMENT OF JUSTICE/NATIONAL ARCHIVES
Wong Kim Ark, a cook born in San Francisco, was barred from reentering the U.S. after visiting his parents in China.

Ark’s parents had arrived in the U.S. from China during a time of fierce anti-Chinese sentiment. The era had birthed the Chinese Exclusion Act, legislation that put a 10-year moratorium on Chinese labor immigration. The act also barred courts from granting Chinese immigrants citizenship.

Ark’s parents came to the country seeking U.S. citizenship but eventually left after the act had cut off any pathway to citizenship status. They had also feared the vigilante violence that often targeted Chinese immigrants at the time. In fact, the largest lynching in American history occurred in 1871. Hundreds had descended upon Los Angeles’ Chinatown, and the mob lynched an estimated 17 to 20 Chinese immigrants.

But Ark himself had a life in the United States, and, though he had traveled to China before and had been readmitted into the U.S. without any issues, his 1895 trip presented a host of problems. Authorities ordered the Chinese-American to return to the ship.

Chinese immigrant aid organization Six Companies stepped in to provide Wong legal help. Wong’s lawyer, Thomas D. Riordan, argued that the cook’s reentry into the U.S. was protected under the 14th Amendment. As the case escalated to federal court, immigration hard-liners fought back, claiming Ark’s “accident of birth” didn’t mean citizenship.

In the end, the U.S. Supreme Court ruled in favor of Ark.

“If the Trump administration issued an executive order, it would be immediately challenged in the courts, and judges would likely rely on Wong Kim Ark to find the executive order unconstitutional,” Kohli said.

Many conservatives and even officials appointed by Trump himself disagree with the president’s stance on birthright citizenship.

“The plain meaning of this language is clear,” James Ho, whom Trump appointed as a federal appeals court judge, wrote in 2011 of the 14th Amendment.

Ho, then a solicitor general of Texas, wrote that “a foreign national living in the United States is ‘subject to the jurisdiction thereof’ because he is legally required to obey US law.”

House Speaker Paul Ryan (R-Wis.) addressed Trump’s comments, telling a Kentucky radio station earlier this week that “you cannot end birthright citizenship with an executive order” ― to which Trump responded that Ryan “knows nothing about” birthright citizenship.

Kohli pointed out that those who oppose birthright citizenship are in the minority.

“It’s clear that most Americans have embraced birthright citizenship and believe that anyone who is born here should have the right to be a citizen. A few political leaders are trying to further a white supremacist agenda and create a ‘fix’ to a problem that doesn’t exist,” she said.

What’s more, “Many scholars have noted that birthright citizenship has helped the U.S. integrate each new wave of immigrants as their children are recognized as U.S. citizens.”

 

MAX BOOT WITH SOME GREAT ADVICE FOR SAVING AMERICA: VOTE AGAINST EVERY GOP CANDIDATE!

https://www.washingtonpost.com/opinions/global-opinions/sick-and-tired-of-trump-heres-what-to-do/2018/10/31/72d9021e-dd26-11e8-b3f0-62607289efee_story.html

“I am sick and tired of this administration. I’m sick and tired of what’s going on. I’m sick and tired of being sick and tired, and I hope you are, too.”

Joe Biden

I’m sick and tired, too.

I’m sick and tired of a president who pretends that a caravan of impoverished refugees is an “invasion” by “unknown Middle Easterners” and “bad thugs” — and whose followers on Fox News pretend the refugees are bringing leprosy and smallpox to the United States. (Smallpox was eliminated about 40 years ago.)

I’m sick and tired of a president who misuses his office to demagogue on immigration — by unnecessarily sending 5,200 troops to the border and by threatening to rescind by executive order the 14th Amendment guarantee of citizenship to anyone born in the United States.

I’m sick and tired of a president who is so self-absorbed that he thinkshe is the real victim of mail-bomb attacks on his political opponents — and who, after visiting Pittsburgh despite being asked by local leaders to stay away, tweeted about how he was treated, not about the victims of the synagogue massacre.

Opinion | Trump owns the Republican Party, and there’s no going back

Donald Trump has irreversibly changed the Republican Party. The upheaval might seem unusual, but political transformations crop up throughout U.S. history.

I’m sick and tired of a president who cheers a congressman for his physical assault of a reporter, calls the press the “enemy of the people” and won’t stop or apologize even after bombs were sent to CNN in the mail.

I’m sick and tired of a president who employs the language of anti-Semitic conspiracy theories about Jewish financier George Soros and “globalists,” and won’t apologize or retract even after what is believed to be the worst attack on Jews in U.S. history.

I’m sick and tired of a president who won’t stop engaging in crazed partisanship, denouncing Democrats as “evil,” “un-American” and “treasonous” subversives who are in league with criminals.

I’m sick and tired of a president who cares so little about right-wing terrorism that, on the very day of the synagogue shooting, he proceeded with a campaign rally, telling his supporters, “Let’s have a good time.”

I’m sick and tired of a president who presides over one of the most unethical administrations in U.S. history — with three Cabinet members resigning for reported ethical infractions and the secretary of the interior the subject of at least 18 federal investigations.

I’m sick and tired of a president who flouts norms of accountability by refusing to release his tax returns or place his business holdings in a blind trust.

I’m sick and tired of a president who lies outrageously and incessantly — an average of eight times a day — claiming recently that there are riots in California and that a bill that passed the Senate 98 to 1 had “very little Democrat support.”

I’m sick and tired of a president who can’t be bothered to work hardand instead prefers to spend his time watching Fox News and acting like a Twitter troll.

And I’m sick and tired of Republicans who go along with Trump — defending, abetting and imitating his egregious excesses.

I’m sick and tired of Sen. Lindsey O. Graham (R-S.C.) acting like a caddie for the man he once denounced as a “kook” — just this week, Graham endorsed Trump’s call for rescinding “birthright citizenship,” a kooky idea if ever there was one.

I’m sick and tired of House Speaker Paul D. Ryan (R-Wis.), who got his start in politics as a protege of the “bleeding-heart conservative” Jack Kemp, refusing to call out Trump’s race-baiting.

I’m sick and tired of Republicans who once complained about the federal debt adding $113 billion to the debt just in fiscal year 2018.

I’m sick and tired of Republicans who once championed free trade refusing to stop Trump as he launches trade wars with all of our major trade partners.

I’m sick and tired of Republicans who not only refuse to investigate Trump’s alleged ethical violations but who also help him to obstruct justice by maligning the FBI, the special counsel and the Justice Department.

Most of all, I’m sick and tired of Republicans who feel that Trump’s blatant bigotry gives them license to do the same — with Rep. Pete Olson (R-Tex.) denouncing his opponent as an “Indo-American carpetbagger,” Florida gubernatorial candidate Ron DeSantis warning voters not to “monkey this up” by electing his African American opponent, Rep. Duncan D. Hunter (R-Calif.) labeling his “Palestinian Mexican” opponent a “security risk” who is “working to infiltrate Congress,” and Rep. Steve Chabot (R-Ohio) accusing his opponent, who is of Indian Tibetan heritage, of “selling out Americans” because he once worked at a law firm that settled terrorism-related cases against Libya.

If you’re sick and tired, too, here is what you can do. Vote for Democrats on Tuesday. For every office. Regardless of who they are. And I say that as a former Republican. Some Republicans in suburban districts may claim they aren’t for Trump. Don’t believe them. Whatever their private qualms, no Republicans have consistently held Trump to account. They are too scared that doing so will hurt their chances of reelection. If you’re as sick and tired as I am of being sick and tired about what’s going on, vote against all Republicans. Every single one. That’s the only message they will understand.

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

Right on, Max! Take back our country!

PWS

11-01-18

CNN: FRAUD, WASTE, & ABUSE: DOJ & DHS Continue To Thumb Noses At Supremes & Congress, Forcing Migrants To Dutifully Appear For Bogus Immigration Court Hearings At Knowingly False Dates & Times! – It’s “Kakistocracy In Action” & Nobody Has The Backbone To Put An End To It!

https://www.cnn.com/2018/10/31/us/immigration-court-fake-dates/index.html

Catherine E. Shoichet reports for CNN:

(CNN)Lines snaked around the block outside immigration courts across the United States on Wednesday. But many people standing in them later learned they had no reason to be there.

More than 100 immigrants showed up to court carrying paperwork ordering them to appear before a judge, only to find out that their court dates hadn’t actually been scheduled, according to the American Immigration Lawyers Association (AILA). And as a result, uncharacteristically long lines were reported outside at least 10 immigration courts, the association said.
Lawyers told CNN it’s part of a troubling trend that shows how dysfunctional the system has become and how chaotic the Trump administration’s approach to immigration enforcement can be.
“From a humanitarian point of view, it’s sickening what you’re seeing happening here, because they’re toying with these individuals’ lives in many cases. … This is widespread, it’s national and it’s outrageous,” said Jeremy McKinney, AILA’s treasurer and an immigration attorney in North Carolina.
Attorneys say the practice began after the US Supreme Court ruled in June that notices to appear — the charging documents that immigration authorities issue to send someone to immigration court who’s accused of being in the United States illegally — must specify the time and place of proceedings in order to be valid.
Since then, immigration lawyers across the country have reported that officials are increasingly issuing such notices with so-called “fake dates,” ordering immigrants to appear at hearings that, it later turns out, were never scheduled in immigration courts.
In recent months, lawyers have reported examples of notices issued for nonexistent dates, such as September 31st, and for times of day when courts aren’t open, such as midnight.
Selected portion of a source document hosted by DocumentCloud
Atlanta immigration attorney Rachel Effron Sharma says this is an example of a notice a client received, ordering the client to report to an immigration court at a time when the court was closed.
US Citizenship and Immigration Services spokesman Daniel Hetlage said in a statement that initial dates on notices issued by his agency and Immigration and Customs Enforcement are “based on guidance on upcoming docket dates from local EOIR, an agency within the US Department of Justice responsible for administering the immigration courts.”
EOIR, Hetlage said, “is responsible for setting and re-setting appearances dates upon receipt of Notices to Appear filed by US Immigration and Customs Enforcements and other components of the US Department of Homeland Security.”
A spokeswoman for the Executive Office for Immigration Review (EOIR) did not immediately respond to a request for comment.

Notices issued for dates that don’t exist, times when court is closed

On Wednesday, reports of the so-called “fake date” practice were far more widespread, and attorneys reported seeing larger numbers of people affected than previously, said Laura Lynch, AILA’s senior policy counsel.
Attorneys observed long lines at courts in Baltimore, Charlotte, Atlanta, Orlando, Boston, Chicago, Los Angeles, Dallas, Phoenix and San Diego. Immigrants with “fake dates” were also seen at courts Wednesday in Las Vegas and Denver, Lynch said, but lines there weren’t as long.

In this screengrab from a handout video provided by the American Immigration Lawyers Association, people are seen lining up outside the Atlanta Immigration Court on October 31.

“The line was around the corner,” said Jorge Gavilanes, an immigration attorney in Atlanta who witnessed the crowds gathering Wednesday. “Security was unprepared for this. The court was unprepared for this. They were scrambling to check every single one of these cases to see if these cases have been already filed with this court.”
This isn’t the first time such situations have been reported.
The Dallas Morning News documented the practice occurring in court there in September.
It may sound like a small bureaucratic glitch, Lynch said, but such mix-ups can take a significant toll on immigrants’ lives.
“Clients are driving like eight hours and taking off of work in order to appear at these hearings, only to find out that it’s not the actual correct hearing date. The impact is their jobs, it’s their life, and also just the anxiety,” she said.

Attorney: ‘People were obviously fearful’

Sometimes, lawyers say they’re able to confirm with courts beforehand that certain noticed hearing dates aren’t accurate, but then struggle to convince their clients not to show up in court anyway.
“They’re so anxious to cooperate. They don’t want any problems with ICE or with the authorities,” says Rachel Effron Sharma, an immigration attorney in Atlanta who tried to explain the situation to clients this week. “They got a letter telling them to go that day. They didn’t understand how it would be possible that there would be a date that was just made up.”
Gavilanes said he’s found himself in a similar predicament, trying to reassure clients who know that if they don’t show up for a scheduled court hearing, the consequences could be severe.
“People were obviously fearful that if they miss their hearing, they were going to get deported in their absence, and they didn’t want to take that chance,” he said. “They’d rather show up at the court and have them tell them go home instead of not showing up and worry(ing) about it.”
On Wednesday, Gavilanes said he fielded questions from numerous immigrants who were baffled by the situation.
“I don’t think people really understand why this is happening,” he said.

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

Thank you, Catherine, for helping to expose the corrupt administration of the Immigration Courts and DHS Enforcement under Trump, Sessions, & Nielsen! 

Not only are individuals being denied due process, but taxpayer money is literally being poured down the drain when cases have to be reset by the courts, rather than being rationally and correctly set in the first place. Since the Immigration Courts have been so incompetently managed that they are virtually an “automation free zone” every mistake has to be corrected manually by already overwhelmed Court Clerks who already are struggling to keep up with all of Sessions’s other “Gonzo priorities.”

The whole process is what I call “Aimless Docket Reshuffling” or (“ADR”).  While ADR certainly was practiced by both the Bush II and Obama Administrations, Sessions has taken ADR to new heights of dysfunction, irrationality, and intentional cruelty. The Government and the Immigration Courts actually exist to serve the public interest (including, of course, the interest of the people summoned before them), not to satisfy the outlier restrictionist agenda that Jeff Sessions failed to enact during his many wasted years in Congress. 

With competent, professional, independent, non-political Administration, by folks who understand the system and are willing to work with the public and the lawyers, the money could be spent creating a system that would actually be fair, just, and efficient  — no, not tomorrow or the next day, but certainly in the foreseeable future.

But, as long as folks like Sessions are in charge, “Good Government” has no chance whatsoever! And, that’s bad for all of us!

Many thanks to my good friend Laura Lynch over at AILA National for passing this item along.

PWS

11-01-18

THE GIBSON REPORT – 10-29-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

TOP UPDATES

 

Suspected synagogue shooter appears to have railed against Jews, refugees online

WaPo: The most recent postings on the Gab account believed to belong to Bowers specifically targeted the Hebrew Immigrant Aid Society, known as HIAS, which is one of nine organizations that works with the federal government to resettle refugees in American communities.

 

Trump administration considers travel ban-like order for Mexican border

Politico: Under the plan, the Trump administration would publish fast-track regulation that would restrict certain migrants’ ability to seek asylum. The regulation would be paired with a related proclamation from President Donald Trump.

 

Pentagon to deploy 5,000 active-duty troops to southern border to halt migrant caravan

USA Today: The Pentagon will deploy up to 5,000 active-duty troops to the U.S.-Mexico border in an effort to prevent members of a migrant caravan from illegally entering the country, a U.S. official said Monday. About 2,100 National Guard troops are already fanned out across the border under an order from President Donald Trump earlier this year.

 

Migrant caravan: Mexico offers temporary work permits

BBC: Mexico has offered temporary work permits to migrants who register for asylum, as a big caravan of Central American migrants makes its way through the country toward the US.

 

New Poll Shows Voters Support Access to Asylum for Refugees

WRC: As President Donald J. Trump pursues new separation and detention policies for families fleeing violence and danger in their home countries, and threatens to arm the southern border, a new poll released today shows that the majority of likely voters—up to 70%—support allowing refugees to seek asylum in the U.S.

 

Counties Where ICE Arrests Concentrate

TRAC: More than a quarter (28%) of recent Immigration and Customs Enforcement (ICE) arrests of immigrants living and working in communities across America took place in just ten counties in the United States, along with their immediate surrounding locales…The county with the most arrests was San Bernardino County, California. In second place was DeKalb County, Georgia, where Atlanta is located. New York County, New York, and surrounding locales was in third place.

 

Asylum claims are soaring as migrant families take an administrative path, buckling the immigration system.

WaPo: The migrants coming today are increasingly Central Americans seeking asylum or some form of humanitarian protection, bearing stories of torture, gang recruitment, abusive spouses, extortionists and crooked police. They know the quickest path to a better life in the United States is now an administrative one — not through mountains or canyons but through the front gates of the country’s immigration bureaucracy.

 

55% Of America’s Billion-Dollar Startups Have An Immigrant Founder

Forbes: A new study from the National Foundation for American Policy finds that 55%, or 50 of 91, of the country’s $1 billion startup companies had at least one immigrant founder.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Asks for SG’s Views on Cross-Border Shooting Case

ImmProf: Amy Howe on SCOTUSBlog reports that the Supreme Court today “called for the views of the U.S. solicitor general in Swartz v. Rodriguez, a petition for review filed by Lonnie Swartz, a U.S. Border Patrol agent alleged to have shot and killed a 16-year-old Mexican boy who was walking on the Mexican side of that country’s border with the United States.

 

ACLU Calls for Moratorium and Files FOIA Request to DHS on Facial Recognition

The American Civil Liberties Union (ACLU) called for a moratorium, and filed a FOIA request with DHS, on the use of facial recognition technology for immigration enforcement and law enforcement purposes until Congress and the public debate, what, if any, uses of this technology should be permitted. AILA Doc. No. 18102500

 

USCIS Efforts Lead to Guilty Plea in Case of Unauthorized Practice of Immigration Law

USCIS announced that it helped initiate an investigation that led to guilty pleas from Veronica Perdomo, 43, for fraudulently practicing immigration law and impersonating an immigration officer. A USCIS Fraud Detection and National Security immigration officer in Charlotte received the original tip. AILA Doc. No. 18102240

 

AILA Submits Comments In Response to Comment Request Concerning UAC Sponsorship Review Procedures

In response to a comment request concerning UAC sponsorship review procedures, AILA noted its opposition to the proposed changes. Rather than improve the efficiently placement of unaccompanied children in suitable environments with safe caregivers, the proposed changes would impede such placement. AILA Doc. No. 18102633

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, October 29, 2018

Sunday, October 28, 2018

Saturday, October 27, 2018

Friday, October 26, 2018

Thursday, October 25, 2018

Wednesday, October 24, 2018

Tuesday, October 23, 2018

Monday, October 22, 2018

 

AILA NEWS UPDATE

 

http://www.aila.org/advo-media/news/clips

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

Thanks, Elizabeth, as always!

Everyone should check out Elizabeth’s “Item 5” — New Poll Shows Voters Support Access to Asylum for Refugees.

Folks like Trump, Sessions, Nielsen, Cissna, and Kobach often falsely claim to be “speaking for the American people.” But, in reality, they aren’t, and never have been.  They actually represent toxic, basically un-American views on immigration and migrants that are held by a vocal and active White Nationalist minority of Americans.

The rest of us need to take back our country at the ballot box — starting next Tuesday.

PWS

11-01-18

 

 

 

 

 

RUTH ELLEN WASEM @ THE HILL REMINDS US THAT NOT ONLY IS “BIRTHRIGHT CITIZENSHIP’ ENSHRINED IN OUR CONSTITUTION, IT’S ALSO A GREAT CONCEPT —- Without It, Many Americans, Regardless of Parentage, Would Be Disenfranchised & America Would Be Creating Generations of “Stateless Individuals” In Our Midst!

https://itk.thehill.com/opinion/immigration/398865-theres-no-place-like-home

Ruth writes:

Lost in last month’s heroic drama rescuing the Thai youth soccer team is that three of the boys and their coach are stateless individuals; that is, they have no citizenship papers from any country. While they were trapped in the cave, it was the least of their problems. As their lives begin to return to a new normal, the obstacles of their statelessness are compounding their challenges.

According to the United Nations High Commissioner for Refugees (UNHCR), a stateless child is born every 10 minutes somewhere in the world. UNHCR estimates that at least 10 million people in the world are stateless and subject to severe consequences. Stateless people typically are denied the protections of the laws of the nation, limited in their access to labor markets, and restricted from the social safety net. Jacqueline Bhabha, professor of the Practice of Health and Human Rights at the Harvard T.H. Chan School of Public Health, concludes that being stateless as a child can stunt opportunity, erode ambition and destroy the sense of self-worth.

In this context of an emerging crisis of stateless children, why would anyone propose legal and policy changes that would exacerbate statelessness?Those who argue that the United States should end birthright citizenship are doing just that. Recently, Michael Anton, who had been a national security adviser to President Trump, published an editorial arguing against birthright citizenship. Grounded in the Constitution, birthright citizenship is automatically granted to any individual born within and subject to the jurisdiction of the United States. As a candidate, Donald Trump suggested ending birthright citizenship, labeling it the “biggest magnet for illegal immigration.” An excellent series of editorials debating the matter has ensued, largely centered on legal issues.

Beyond the legal debate lies the policy crisis that would unfold if the United States abandoned birthright citizenship: Ending birthright citizenship would place an undue burden on U.S. citizens as they scramble to obtain appropriate government documents to establish that they are U.S. citizens. Children of citizens as well as children of foreign nationals would run the risk of becoming stateless.

As respected immigration attorney Margaret Stock has noted, most U.S. citizens rely on the birthright citizenship rule to establish their citizenship. A birth certificate from a jurisdiction in the United States is all one needs currently. Each U.S. state has its own unique registry of births, and most vital statistic records are kept at the county level. These local birth registries do not verify the citizenship of the child’s parents.

Equally critical, a birth certificate is the linchpin of all other state and federal government identity documents. It is required for state-issued driver’s licenses and state ID cards, as well as federally-issued Social Security cards and passports. If a birth certificate issued by a local jurisdiction in the United States no longer establishes that the person is a U.S. citizen, what would be the qualifying document?

At this time, a passport is the only document the U.S. government issues that confirms both the individual’s identity and citizenship. Fewer than half (46 percent) of U.S. citizens have passports.  A 2006 surveysponsored by the Brennan Center at New York University estimated that more than 13 million U.S. adults lacked readily available documentation of citizenship, and a birth certificate was one of the documents included as proof.

Imagine the steps new parents would have to go through to establish their child’s citizenship if birthright citizenship were abandoned. Expectant mothers would need to pack their passport or a bundle of identification documents in the overnight bag readied for the baby’s delivery.

These bureaucratic hurdles would be particularly onerous for low-income citizens or citizens living in rural or geographically underserved areas. The Brennan Center survey also found that citizens earning less than $25,000 per year are more than twice as likely to lack ready documentation of their citizenship as those earning more than $25,000. If a birth certificate no longer would be proof of citizenship, this disparity would rise substantially. Such citizens might find themselves stateless because they would not be able to acquire the documents needed to establish U.S. citizenship.

UNHCR cites three major causes of statelessness: discrimination, gaps in nationality laws, and lack of birth registrations. Would the political leaders who oppose birthright citizenship support the establishment and funding of a federal system of birth registration that provided citizenship documents to all U.S. citizen children?

Opponents of birthright citizenship may have their eyes set on the children of unauthorized migrants, but the impact would be equally acute on the children of U.S. citizens who do not have the wherewithal to maneuver the bureaucracy to acquire citizenship documents.

Ruth Ellen Wasem is a clinical professor of policy at the Lyndon B. Johnson School of Public Affairs, the University of Texas in Austin. For more than 25 years, she was a domestic policy specialist at the U.S. Library of Congress’ Congressional Research Service. She has testified before Congress about asylum policy, legal immigration trends, human rights and the push-pull forces on unauthorized migration. She is writing a book about the legislative drive to end race- and nationality-based immigration.

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

Although this article originally was published in The Hill in July 2018, Ruth recently reminded me of its continuing relevance and timeliness.

The beauty of the 14th Amendment is that although Congress has been dilatory in  resolving the status of millions of undocumented Americans who are significant contributors to our society and economy, because of the 14th Amendment, the issue is slowly  but surely “self-resolving.”

As the “older generation” of undocumented Americans passes on, the overwhelming number of their offspring are full US citizens and are able to fully integrate into our society and have the advantages of belonging and full political rights that were denied to their parents. Rather than building generations of disenfranchised, underutilized, and likely disgruntled residents in our midst, the American citizenry automatically renews itself.

And, I’m sure that this new generation of Americans will give some careful thought to the hateful, wrong, and outright racist rhetoric being promoted by Trump, Sen. Lindsay Graham, and other GOP White Nationalists. That’s why real national leadership would be wise to unite, rather than divide America and to promote a humane and inclusive solution to the issue of undocumented immigration.

The totally bogus and disingenuous argument being pushed by Trump and the racist right is that children of undocumented individuals aren’t “subject to the jurisdiction” of the US. That is of course, total BS — doesn’t even pass the “straight face” test!” If it were true, no undocumented individual could be removed from the US because they would not be “subject to the jurisdiction” of our courts and legal system. Nor could they be punished for crimes or required to comply with our traffic laws, etc., because they would not be “subject to our jurisdiction.” What would happen to Ol’ Gonzo’s “zero tolerance” policy then. Indeed, our whole system for regulating, admitting, excluding, and removing foreign nationals is based on the reality that regardless of their status, they are subject to our laws and legal system.

In other words, we have “jurisdiction” over them, unlike foreign diplomats and heads of state who, to a large extent, are “diplomatically immune” from many of our laws and regulations. That’s actually the very limited category to whom Congress intended the term “subject to the jurisdiction” to apply.

PWS

10-31-18

 

 

DANA MILBANK @ WASHPOST: DEFEAT HATE! – Disingenuous “Condolences” Read From Cue Cards Written By Staff Can’t Mask Trump’s Real White Nationalist Message Of Hate, Bigotry, Racism, & Division!

https://www.washingtonpost.com/opinions/george-washington-saw-america-as-a-safe-place-for-jews-trumps-america-isnt/2018/10/28/e21ea6e6-dade-11e8-b3f0-62607289efee_story.html

Milbank writes in the WashPost:

George Washington, in his 1790 letter to the Touro Synagogue in Newport, R.I., told Jews they would be safe in the new nation.

“The government of the United States . . . gives to bigotry no sanction, to persecution no assistance,” he wrote. “May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants — while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.”

Though that assurance has been tested, the United States has endured as a safe haven for Jews.

Now President Trump has violated Washington’s compact. He has given sanction to bigotry and assistance to persecution. After the shooting in Pittsburgh, which the Anti-Defamation League believes is the deadliest anti-Semitic attack in U.S. history, there is no longer safety under the vine and fig tree.

I had been dreading and expecting this day, and more like it, for two years. This was more than predictable; it was predicted.

After Trump’s presidential campaign began with genteel anti-Semitism, progressed to dog whistles and ended with a full-throated targeting of Jewish “globalists,” I wrote on Election Day that the results would be coming in on the 78th anniversary of Kristallnacht, the infamous night of Nazi violence and vandalism against German Jews: “I pray that on this solemn anniversary, Americans tell Donald Trump and the world that we are never going back there.”


People arrive for a vigil at the Tree of Life synagogue in Pittsburgh on Sunday. (Brendan Smialowski/AFP/Getty Images)

After Charlottesville, when Trump said there “were very fine people” marching among the neo-Nazis chanting “Jews will not replace us,” I wroteabout my daughter’s fear of returning to Hebrew school because of violence; armed white supremacists had chanted “Sieg Heil” and forced worshipers to flee a Charlottesville synagogue.

Consider some of the many times Trump gave sanction to bigotry before 11 worshipers were shot dead at the Tree of Life:

Telling Jewish Republicans they wouldn’t support him “because I don’t want your money.”

Tweeting an image from an anti-Semitic message board with a Star of David atop a pile of cash.

Saying “I don’t have a message” for supporters who threatened anti-Semitic violence against a Jewish journalist, and Melania Trump saying the writer “provoked” the threats.

After the shooting at Tree of Life synagogue in Pittsburgh, many politicians condemned the violence and blamed divisive political rhetoric around the country.

Branding his campaign with the “America First” slogan of the anti-Semitic pre-war movement.

Alleging that “blood suckers” and “a global power structure” including “international banks” are secretly plotting against ordinary Americans.

And, when urged by the Anti-Defamation League to stop using traditionally anti-Semitic tropes, repeating the tropes in an ad with images of prominent Jews, including George Soros.

Once in office, in addition to making common cause with the Nazis of Charlottesville, Trump stocked his administration with Stephen K. Bannon and other figures of the nationalist “alt-right;” hesitated to condemn the rise of anti-Semitic threats and vandalism; issued a Holocaust remembrance statement without mention of Jews; lamented the attempts to silence Alex Jones, who peddles anti-Semitic conspiracy theories; and, declaring himself a “nationalist,” increased verbal attacks on “globalists,” particularly Soros.

Supposedly, American Jews are protected by Trump’s daughter Ivanka marrying into the faith, or by Trump’s fondness for Israel’s nationalist policies.

But it doesn’t work that way. The ADL reports a 57 percent rise in anti-Semitic incidents in 2017. Other groups Trump targets — African Americans, Latinos, Muslims — have long experienced this and worse; a man in Kentucky last week allegedly tried to enter a black church before killing two black people at a supermarket. It is the new normal, though, for Jewish journalists and public figures to endure routine threats, for unabashed anti-Semitism to flourish in social media — and now for Jews to fear for their safety in quiet places like Pittsburgh, where I lived and worshiped for three years.

Whatever Trump’s motives, his words and deeds inspire the hateful and the violent. The man accused of sending pipe bombs to a dozen favorite Trump targets (including Soros) eschewed politics, his family’s lawyer says, until he “found a father in Trump.” The accused Pittsburgh gunman, though apparently rejecting Trump for being insufficiently nationalist, embraced on social media the themes Trump has popularized: the “globalist” danger, immigrant “invaders that kill our people” and an “infestation” of undesirables.

After the shooting, Trump read from the teleprompter the proper denunciation of anti-Semitism. But proceeding with a rally mere hours after the massacre, he galvanized the crowd with the same complaint the alleged Pittsburgh killer cited in social media before the carnage: the migrant caravan. Trump told the crowd, “No caravans, right? We don’t want caravans. We’re not having caravans.”

“Build the wall!” the crowd chanted.

Trump closed with his usual vow to fight “others” who are trying to “destroy our proud American heritage.” White supremacists get the message.

On Shabbat, Jewish custom says, God gives each of us a “neshamah yeteirah,” an extra soul for rejuvenation on the day of rest. But this Shabbat, we lost 11 souls. And our Jewish and American souls will continue to be so drained — unless our president changes his ways, or we change our president.

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

George Washington had his own set of problems when it came to race and slavery. But, any way you look at it we’ve fallen a long way to get to Donald Trump and his supporters and their vile message of intolerance and White Nationalism in the 21st Century.

PWS

10-29-18

SCOFFLAW KAKSITOCRACY: Trump Politicos Were Advised That “Zero Tolerance” & Family Separation Likely Illegal & Unconstitutional – They Went Ahead Anyway!

https://www.washingtonpost.com/news/posteverything/wp/2018/10/25/feature/civil-servants-said-separating-families-was-illegal-the-administration-ignored-us/

Scott Shuchart writes in the Washington Post:

The meeting was way overdue, and it wasn’t going well.

It was May 21. The Department of Homeland Security, where I worked as a senior adviser in the Office for Civil Rights and Civil Liberties, had been making a show of prosecuting undocumented immigrant parents for weeks, cleaving them from their children without paying much attention to where the family members went or setting up any procedure for tracking and reuniting them later.

My office had played a central role, for years, in Homeland Security’s treatment of families and children. But when a cadre of Trump administration political appointees put the family separation plan into motion, neither they nor the career staff in the immigration enforcement agencies under DHS consulted with the civil servants in my office. When media reports throughout April and May led us to understand what was going on, we had urgent questions: What exactly was the policy? What had DHS’s front-line agents in Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) been told to do? How had the department assessed the risk that litigation would interfere with the policy? How was this justified in light of our treaty obligations toward refugees? And why was the department pushing out transparently misleading — or simply false — statistics to justify these steps? We were obliged, under the law that created our office, to register our objections that the administration was knowingly violating people’s rights.

But the top political appointee at the May meeting — John Mitnick, the experienced, Senate-confirmed general counsel — and his deputy seemed confused that the civil rights office would see any cause for concern. The administration was claiming in public that a policy of prosecuting all border crossers didn’t target families as such, so it could not present any legal issues. And if there were any issues, they hadn’t been raised ahead of time.

That was false. The next day, I called around to colleagues who confirmed that there had been multiple interagency phone calls and documents, involving the State and Justice departments as well as DHS, making clear that lawyers throughout the government worried that deliberately separating families could violate migrants’ rights under humanitarian treaties or U.S. law. But the political appointees simply didn’t listen. And a few weeks later, I came across an April 24 memo — signed by the very officials I had met with a month later — acknowledging, but dismissing, the legal risks. Even worse, it encouraged indicting immigrants specifically because doing so would justify separating families, arguing that the government’s “legal position” on “separating adults and children through the immigration process . . . is likely strongest [when] separation occurs in connection with a referral of an adult family member for criminal prosecution.”

Mitnick, through a DHS spokeswoman contacted by The Washington Post, declined to comment for this story. That spokeswoman, Katie Waldman, said: “The Department of Homeland Security does not disclose or comment on privileged legal advice provided by our attorneys to the Secretary or other officials, and therefore, unfortunately, we are not in a position to refute false narratives put forward by a former employee. We note, however, that in order to address the crisis at the border, the Trump Administration made a decision to enforce long-standing U.S. law and refer for prosecution under 8 U.S.C. § 1325(a) adults who crossed into the United States illegally. As we have repeatedly stated, the policy was to enforce the law, not to separate families.”

She also sent a statement from Cameron Quinn, the Trump appointee who runs the office I worked in: “I participated in the meeting in question. It was a brief, general discussion, and Mr. Mitnick made it clear that he desired to work collegially with our office.”

By law, our job in that office was to ensure that “the civil rights and civil liberties of persons are not diminished” by DHS’s programs. When it became clear that the department would be tearing families apart and — thanks to incompetence, dishonesty and sheer disinterest — had no reasonable plan to put them back together, I realized I could not do that. A few weeks after that meeting, I quit my job and left public service, carrying a profound sense of failure.

Children and parents from Central America, part of a caravan trying to reach the United States, wait to apply for asylum in Mexico at a checkpoint in Ciudad Hidalgo on Oct. 20. (Ueslei Marcelino/Reuters)

The government formally announced the family separation policy in April. The point was clear, as several officials later admitted: By threatening to separate their children, the administration hoped to deter Central American asylum seekers from coming here in search of humanitarian protection. Then-Homeland Security Secretary John Kelly had suggested the practice during a CNN interview in March 2017, and it had been gaining support in the White House since then.

Many senior civil servants at DHS believed that the policy violated the civil and human rights of migrants. (Many of them, like me, were trained and licensed attorneys, though our role was to give policy advice, not legal advice.) Crossing the border to surrender immediately to authorities and claim asylum is protected by the United Nations refu­gee protocol signed by the United States. Even for families outside that protection, the substantive due process principle in the Constitution suggests that it is illegitimate to threaten to harm or abscond with someone’s children to deter the commission of a misdemeanor. (First-time unlawful entry is the lowest level of federal crime.)

During past surges in border crossings, such as in 2005, 2006 and 2007 under George W. Bush and 2014 under Barack Obama, the civil rights office was central to planning humane and effective protections for migrants as they were arrested, detained, screened and, if they passed initial “credible fear” screenings, placed into immigration court proceedings. But Trump appointees such as White House adviser Stephen Miller, Attorney General Jeff Sessions, DHS Secretary Kirstjen Nielsen, CBP Commissioner Kevin McAleenan and U.S. Citizenship and Immigration Services (USCIS) Director L. Francis Cissna — along with many deputies, assistants and enablers inside ICE and CBP who dreamed up the “zero tolerance” policy — didn’t consult career experts like me: not when it was being considered last year, not when it was unveiled and not for the critical weeks afterward, even as we begged to share our legal and policy analyses.

My job was to ensure that the government did not violate clearly established individual rights, and the Trump administration was pushing a policy whose principal aim was to do just that. My colleagues and I identified a number of constitutional provisions and related case law holding that parents had rights to due process that could limit the ability of the government to separate them from their children for civil immigration violations. That meant that once parents served their typically short criminal sentences for crossing the border illegally, they should have been reunited with their children. Our research also suggested that threatening to detain children separately, and threatening civil detention generally to deter future conduct, was probably unconstitutional.

In our capacity as a gateway for public complaints about DHS, my office was analyzing hundreds of incidents of family separation, including dozens sent over by career staff at the Department of Health and Human Services, which was taking custody of children who had been separated from their parents. We noticed early that CBP and ICE weren’t providing HHS with proper records to allow families to be reunited or pursue their immigration cases jointly. We recommended that officials tell parents promptly and clearly where their children were going, how they could be reached and how family members could get them out of government custody while the parents were detained. Perhaps most urgently, we tried to ensure that children with serious disabilities were not thrown into a system unprepared to care for them. As allegations emerged of chaotic separations and deliberate lies — parents being told that their children were headed to a shower when they were instead placed in another agency’s custody — we started drafting guidelines and training for the Border Patrol agents on the ground. Above all, we tried to ring the alarm that the legal, strategic and human dimensions of the policy hadn’t been thought through, needed fast improvement and posed a massive liability for the government.

My colleagues and I learned while reviewing internal DHS documents through April and May that CBP had, the previous fall, undertaken a pilot project of prosecuting parents with small children who crossed the border illegally near El Paso, leading to a wave of separated families. But when we asked the acting second-ranking CBP official about it, he denied having any information.

That was also false. The formal memo to Nielsen from CBP, ICE and USCIS recommending the family separation policy had justified it on the basis of this same El Paso project, including misleading statistics that had already been debunked by Vox when DHS tried to pass them off to reporters.

Every attempt to raise civil rights concerns led nowhere: a lengthy staff memo to my boss, the top civil rights official; efforts to explain in meetings the toll on our staff from investigating complaints of children and parents who had been separated, without any communication to get back together; multiple efforts to schedule, and reschedule, a briefing that James McCament, the head of the DHS Office of Policy, had promised near the start of the crisis but never convened. Civil servants advanced recommendations for mitigating the worst of the harm; we suggested improving record-keeping, giving separated parents and children better information, and permitting more regular phone calls among families.

After hundreds of complaints filed by migrant children, parents and advocates on their behalf, my office finally managed to arrange a meeting in June with CBP managers to understand how they were separating families and to present ideas about how to do it in a more humane way, if they insisted on doing it. My notes from the meeting record my boiling frustration with the absurd answers we received. Border Patrol agents dismissed our offer to train them on how to speak to children after ripping them from their families. “No,” we were told, “many of our agents are parents themselves. They are very empathetic to the child’s needs and will know what to do.” Had officials in Washington directed agents to record family members’ names and information, so they could later be reunited? “I think we sent an email.” Can we see the email so we know what agents were directed to do? “Um, I’d have to find it.” (The official never did.) Is there a written policy on how to determine whether children have suffered trauma or have some other condition that would mean separating them from their parents would do too much harm? “No, we have no need for written policy. It’s simply ingrained in law enforcement culture.”

The culture ingrained at CBP, though, is one where the Border Patrol’s union opened its podcast (“The Green Line”) with the oath of the Night’s Watch from “Game of Thrones” — the pledge of a band of warrior monks to protect a magical kingdom from an army of ice zombies. If federal law enforcement agents see Central American children as the moral equivalent of the frozen undead, we can’t expect them to understand intuitively how to detain and process them humanely without training, guidance and leadership. That’s why my colleagues and I were pushing for record-keeping, communication and other policies that Trump appointees ignored. (Representatives of the Border Patrol union did not immediately return requests for comment from The Post.)

A U.S. Border Patrol agent acknowledges a family that had illegally crossed the Rio Grande from Mexico in Fronton, Tex., on Oct. 18. (Adrees Latif/Reuters)

It would be easy to see all this as part of the federal sausage-making, the usual intentional delays and risk-managing memos that bureaucrats deploy. But this level of dishonesty and subterfuge was unusual. This month, the DHS inspector general released a report making clear that the incompetence in managing family separation was pervasive, from a lack of planning, to “information provided to alien parents [that] resulted in some parents not understanding that their children would be separated from them,” to false public claims of having a “central database” of parents and children.

The Department of Homeland Security is filled with excellent, dedicated public servants. But it also has enormous authority and the power to enforce thousands of laws well or badly. Its leaders have a responsibility to give their people orders that they can competently and ethically execute, and the tools and guidance to do so. The family separation crisis represented a new frontier in weaponizing DHS’s authority, and its borderline competence, to disastrous effect. Front-line officers weren’t given enough guidance, and their managers in the field didn’t do enough to help them figure it out. Only the administration’s naivete in failing to predict the bipartisan public outrage kept it from being worse.

But most culpable were the high-level appointees, unwilling to take ownership of what they’d decided to do; lying to their staffs in the expectation that nobody really cared what happened to poor Central American kids; cynical about the notion that most of us who swear an oath to uphold the Constitution actually mean it. I cast about for more to do, but within a month of that June meeting, I realized there was no way to keep my oath and my job.

I quit.

Outlook • Perspective

Scott Shuchart was a senior adviser at the Department of Homeland Security’s Office for Civil Rights and Civil Liberties from 2010 to 2018. He is a non-resident senior fellow at the Center for American Progress. Follow @scottshuchart

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Seems like these are precisely the type of knowingly lawless, extra-legal actions that personal liability under the “Bivens doctrine” is supposed to discourage and prevent. It remains to be seen whether the Federal Courts, particularly the Supremes, will have the backbone to hold scofflaw Government officials like Sessions, Nielsen, Miller, & co. personally accountable for their intentional perversions of the rule of law. Recently, the Supremes have indicated that a majority would like to narrowly limit or even abolish Bivens liability.  Just when the country needs it most to rein in an out of control Administration!
PWS
10-29-18

 

LAUREN MARKHAM @ POLITICO: Trump’s Policies Won’t Stop Human Migration — It’s Driven By Dynamics He Neither Understands Nor Controls!

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This Is What It’s Like to Be a Migrant in the Age of Trump

90.jpegimageLauren Markham

TAPACHULA, MEXICO-Rosa Gonzalez arrived in the shelter here after leaving her native El Salvador suddenly in late summer, fleeing her small town with her older brother and a few possessions, hoping to avoid becoming yet another murder statistic at the hand…

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KEY EXCERPT:

To hear these men and women talk, it’s clear that, in a way, Trump’s policies are being received just as he expects them to be: Migrants seem to be more apprehensive about the journey than ever. But that doesn’t mean they’re staying home. Some, like Rosa, are choosing to leave their kids home and migrating without them. Some are moving through more dangerous routes if they do want to continue on to the United States—discarding the long-standing practice of turning themselves in to Border Patrol and applying for asylum. And in some cases, they are avoiding the United States: They’re deciding to settle in other countries, like Mexico or even Canada.

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Clearly, the “enforcement/deterrence only” policy will continue to fail. While it might shift migration patterns somewhat and even change the destination and methods of some migrants, it doesn’t begin to directly address the fundamental causes driving migration. And, to the extent that unilateral U.S. policies encourage migrants to resettle elsewhere, that will affect the relationship between the U.S. and other receiving states, like Mexico and Canada.
PWS
10-27-18

LA TIMES TAKES STAND AGAINST INHUMANE, UNNECESSARY, AND EXPENSIVE CIVIL IMMIGRATION DETENTION — “A National Embarrassment”

http://www.latimes.com/opinion/editorials/la-ed-detention-immigrants-ice-20181027-story.html

The United States has the dubious honor of maintaining the world’s largest immigration detention system. Other countries may house more refugees and temporarily displaced persons, but we lock up the most people whose right to stay in the country is in dispute. Tens of thousands of people a day are held until they’re deported or granted permission to stay by an immigration judge (or at least released on bond or into a sponsor’s custody pending a further hearing).

It is a shameful aspect of U.S. immigration enforcement that the government denies liberty to so many people who have neither been accused nor convicted of a crime. To be sure, every nation has a right to control its borders and determine who gets to come in, for what reasons, and through what legal mechanism. We don’t believe that the U.S. should maintain open borders, but the government’s historic reliance on detention as a tool for dealing with people accused of arriving or staying here illegally is needlessly expensive, grossly inhumane and unjust to people exercising their legal right to seek asylum

While the current administration has embraced and expanded the practice, this is not a creation of President Trump. Such detentions date to the Immigration Act of 1882, and current detention policies are rooted in the 1952 Immigration and Naturalization Act. More recently, Cuban and Haitian migrants arriving by boat in the 1970s and ’80s were placed in detention centers, in part to deter their countrymen from similarly setting off to sea on rickety boats. Congress eventually mandated detention for migrants convicted of certain crimes that made them ineligible for admission.

ICE spends nearly $3 billion a year on immigration detention.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 greatly expanded the immigration detention system through contracts with local jails and state and privately run prisons. In fact, most of the 39,000 people incarcerated on any given day in the U.S. for immigration reasons — more than 350,000 pass through the system each year — are held in prison-like conditions in more than 200 locations around the country.

Some local governments have expanded their jails so they can house, for a daily fee, migrants that Immigration and Customs Enforcement wants detained. Meanwhile, the U.S. Department of Agriculture has granted $360 million in low-interest loans since 1996 to help rural communities build jails often larger than they need, so local officials can use detainees and the federal fee payments they bring to cover operating expenses, according to a recent report by the nonprofit Vera Institute of Justice.

ICE spends nearly $3 billion a year on immigration detention, according to the Government Accountability Office. About two-thirds of that goes to private prison corporations to operate detention centers and to local jails to reimburse them for housing detainees. Through those efforts the government has expanded an incarceration industry costing an exorbitant amount of tax dollars to deny freedom of movement of people who, in the vast majority of cases, pose no threat to us.

And notably, at least 77% of migrants facing deportation proceedings show up for their hearings, according to reports. Rates are highest among those who find legal help or receive support from community groups, which suggests there are better methods for handling thisthan detention.

There may, of course, be valid reasons for detaining some migrants, such as newly arrived asylum-seekers whose identities have yet to be verified, people facing imminent court-ordered deportation who the government has reason to fear might disappear, or violent felons who pose a realistic threat to public safety.

One of the largest contributors to no-shows is the government’s failure to keep current contact information for migrants during proceedings that can stretch out for years. One approach would be to match migrants to community service groups or sponsors to better keep track of the individuals and ensure they appear for court hearings; sadly, Trump killedan experimental Obama program that did just that.

This administration has chosen instead to double down on detention, and now it reportedly is considering reviving a version of the vile family separations. If family separation and detention worked as a deterrent, the president wouldn’t be tweeting so furiously these days about the current caravan of Central American migrants moving northward through Mexico. Detention-as-deterrence is not only an inhumane approach, it’s a failed one.

The government can neither detain nor deport its way out of this problem. It must find a better way. The fact that it has failed to do so for so long, regardless of which party controlled Congress or the White House, is an embarrassment.

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Doubling down on the worst, most ineffective, wasteful, and expensive policies.  That’s the mantra of the Trump Administration on immigration. What if our Government spent the same amount of time, money, personnel, and effort on solving problems, rather than intentionally and cynically aggravating them?

PWS

10-27-18

 

TRUMP’S WRONG-HEADED IMMIGRATION & CLIMATE POLICIES LIKELY TO CREATE “PERFECT STORM” THAT WILL HAUNT W. HEMISPHERE FOR GENERATIONS! — “You can only shut the border if you’re willing to kill people.”

https://www.huffingtonpost.com/entry/trump-migrant-caravan-climate-change_us_

Alexander C. Kaufman reports for HuffPost:

The Trump administration is preparing to dispatch 800 troops and has threatened to shut down all entry across the U.S.-Mexico border as a caravan of thousands of Central American migrants travels northward seeking asylum.

It’s a textbook show of Trumpian drama, a fiery response intended to bolster the Republican case for stronger border protections ahead of next month’s election and following days of conspiracy-mongering and wall-to-wall Fox News coverage.

But within the thunderous saber-rattling over would-be asylum seekers is the overtone of President Donald Trump’s apparent long-term policy to deal with the anticipated social and political upheaval of rapidly worsening climate change.

Now ― with the White House poised to gut the federal government’s only two major rules to reduce planet-warming emissions, and Trump threatening to cut aid to drought- and violence-afflicted Honduras, Guatemala and El Salvador ― critics say the administration’s strategy to deal with climate change is taking shape, frustrating national security experts who say hunkering down and militarizing borders will do little to mitigate global warming’s threats.

“A quasi-fascist policy of fear-mongering about immigration and corresponding militarization of the border is clearly the major thrust of Trump’s response to the mounting impacts of climate chaos,” said Ashley Dawson, author of Extreme Cities: The Peril and Promise of Urban Life in the Age of Climate Change.

Despite the repeated dismissals of climate science by the president and many of his top advisers, the Trump administration officially forecasts that the planet is expected to warm by 7 degrees Fahrenheit by the end of the century ― a projection buried in a 500-page environmental impact statement in August.

That’s roughly double the temperature scientists say will cause cataclysmic drought, storms and sea level rise, and roughly four times the warming the planet has already experienced since the pre-industrial era. Under those conditions, more than 1 billion people globally could be forced to flee their homes by 2050, and 2 billion by 2100. Tropical regions ― where many of the roughly 20,000 to 40,000 migrants who crossed the U.S. southern border each month in the past year came from ― are expected to be hit the hardest.

Neither the White House nor the Pentagon responded to requests for comment Friday.

Migration from the trio of Central American nations surged 25 percent between 2007 and 2015 following the worst drought in 30 years, which left more than 3 million people hungry.

“The main driver is, yes, desperation,” María Mendez Libby, the country director of Oxfam Guatemala, told Earther this week. “They have seen it’s not a seasonal desperation. It’s an ongoing continuous desperation for their entire life.”

It’s difficult to draw a direct line between climate change and a migrant’s decision to leave home, and neither the United Nations nor nearly any other major countries currently offer legal avenues for asylum seekers fleeing the effects of global warming. New Zealand became the first country late last year to create a special status for climate refugees with 100 annual visas as low-lying island nations in its corner of the Pacific face existential threat of sea-level rise. On the opposite side of the ocean, a hotter climate is expected to parch once fertile lands. In an email, Jennifer Francis, a Rutgers University climate researcher, said “it’s likely that increasing drought in Central America is making it more difficult for farmers there to make a living.”

Lina Pohl, El Salvador’s environment and natural resources minister, made a similar declaration at a press conference in Panama this week: “The next migrants are going to be climate migrants.”

To some, the decision to send troops to the border demonstrates the president’s affinity for a “general approach of throwing the military at the problem.”

“The President had willing partners in Congress and could have worked on immigration, border security, DREAMers and all that,” Joseph Majkut, director of climate policy at the Niskanen Center, a libertarian think tank, said in an email. “But he didn’t take advantage of that opportunity. Having missed the chance to seek actual reforms, we now get a militaristic and hasty response to a predictable stress.”

Such a response will do little to quell the long-term national security concerns posed by climate change, said Francesco Femia, president of the Center for Climate and Security.

“Climate change [is] contributing to make nations unstable, both nations in our neighborhood and others abroad,” said Femia, whose Washington-based policy institute includes former top national security advisers. “The best way, from a security perspective, is to bolster the resilience of those countries so you reduce the likelihood of instability, reduce the likelihood of conflict and reduce the likelihood of displacement that might force outward migration.”

That doesn’t seem likely in the near term. The president attempted to cut funding for United States Agency for International Development by 33 percent this year, though bipartisan support for the federal government’s dedicated aid agency staved off the proposal.

By deporting hundreds of thousands of Central Americans from the United States, the administration, like the Obama administration before it, is bolstering gang recruitment in countries like El Salvador, according to a December report from the International Crisis Group. That worsens the violence that many cite as a main reason for fleeing northward.

Even if the White House backtracks on “substantially” cutting the combined $500 million in aid the United States gave to Honduras, Guatemala and El Salvador last year, Trump has halted payment of the $3 billion the nation pledged under the 2015 Paris Agreement to help poorer countries adapt to climate change.

In December, the Trump administration broke with two decades of military planning and removed reference to climate change from the White House’s 56-page National Security Strategy report. But if militarizing the border becomes long-term climate policy, Gwynne Dyer, a Canadian military historian, has said enforcement will require bloodshed.

“Remember the Iron Curtain?” Dyer said in a lengthy 2010 lecture. “You can only shut the border if you’re willing to kill people.”

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Yup. My observation after decades of study and involvement is the only ways to close a border are: 1) put up machine gun turrets and shoot anyone who approaches; or 2) make your country so completely miserable and unattractive that nobody wants to go there.

For everyone else, the best you can do is control. And control requires a realistic approach to legal immigration.

The Trump Administration’s studied disdain for history, science, and facts of all types can’t help but be bad news for us and the world, particularly future generations. Policies based largely on White Nationalism, racism, xenophobia and other irrational biases seldom succeed in the long run.

PWS

10-27-18