http://www.cnn.com/2017/08/02/politics/cotton-perdue-trump-bill-point-system-merit-based/index.html
Tal writes:
http://www.cnn.com/2017/08/02/politics/cotton-perdue-trump-bill-point-system-merit-based/index.html
Tal writes:
David Nakamura reports in the Washington Post:
“Trump’s appearance with the senators came as the White House moved to elevate immigration back to the political forefront after the president suffered a major defeat when the Senate narrowly rejected his push to repeal the Affordable Care Act. The president made a speech last Friday on Long Island in which he pushed Congress to devote more resources to fighting illegal immigration, including transnational gangs.
The event on Wednesday illustrated the president’s efforts to broaden his push to reform border control laws beyond illegal immigration. Trump called the changes to legal immigration necessary to protect American workers, including racial minorities, from rising competition for lower-paid jobs.
“Among those who have been hit hardest in recent years are immigrants and minority workers competing for jobs against brand new arrivals,” Trump said. “It has not been fair to our people, our citizens and our workers.”
But the bill’s prospects are dim in the Senate, where Republicans hold a narrow majority and would have difficulty getting 60 votes to prevent a filibuster. The legislation is expected to face fierce resistance from congressional Democrats and immigrant rights groups and opposition from business leaders and some moderate Republicans in states with large immigrant populations.
Opponents of slashing immigration levels said immigrants help boost the economy and that studies have shown they commit crimes at lower levels than do native-born Americans.
“This is just a fundamental restructuring of our immigration system which has huge implications for the future,” said Kevin Appleby, the senior director of international migration policy for the Center for Migration Studies. “This is part of a broader strategy by this administration to rid the country of low-skilled immigrants they don’t favor in favor of immigrants in their image.”
Other critics said the Raise Act, which maintains the annual cap for employment-based green cards at the current level of 140,000, would not increase skilled immigration and could make it more difficult for employers to hire the workers they need. And they noted that Canada and Australia admit more than twice the number of immigrants to their countries as the United States does currently when judged as a percentage of their overall population levels.
“Just because you have a PhD doesn’t mean you’re necessarily more valuable to the U.S. economy,” said Stuart Anderson, executive director of the National Foundation for American Policy. “The best indication of whether a person is employable is if someone wants to hire them.”
Alex Nowrasteh, an immigration policy analyst at the CATO Institute, wrote in a blog that the bill “would do nothing to boost skilled immigration and it will only increase the proportion of employment-based green cards by cutting other green cards. Saying otherwise is grossly deceptive marketing.”
Groups that favor stricter immigration policies hailed the legislation as a step in the right direction. Roy Beck, president of NumbersUSA, said the Raise Act “will do more than any other action to fulfill President Trump’s promises as a candidate to create an immigration system that puts the interests of American workers first.”
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If Stephen Miller and Roy Beck favor it, you can be sure that it’s part of a racist agenda.
PWS
08-02-17
Charlie Savage reports for the NY Times:
“WASHINGTON — The Trump administration is preparing to redirect resources of the Justice Department’s civil rights division toward investigating and suing universities over affirmative action admissions policies deemed to discriminate against white applicants, according to a document obtained by The New York Times.
The document, an internal announcement to the civil rights division, seeks current lawyers interested in working for a new project on “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.”
The announcement suggests that the project will be run out of the division’s front office, where the Trump administration’s political appointees work, rather than its Educational Opportunities Section, which is run by career civil servants and normally handles work involving schools and universities.
The document does not explicitly identify whom the Justice Department considers at risk of discrimination because of affirmative action admissions policies. But the phrasing it uses, “intentional race-based discrimination,” cuts to the heart of programs designed to bring more minority students to university campuses.
Supporters and critics of the project said it was clearly targeting admissions programs that can give members of generally disadvantaged groups, like black and Latino students, an edge over other applicants with comparable or higher test scores.
The project is another sign that the civil rights division is taking on a conservative tilt under President Trump and Attorney General Jeff Sessions. It follows other changes in Justice Department policy on voting rights, gay rights and police reforms.
. . . .
The pending start of the affirmative action project — division lawyers who want to work on it must submit their résumés by Aug. 9, the announcement said — joins a series of changes involving civil rights law since Mr. Trump’s inauguration.
In a lawsuit challenging Texas’ strict voter identification law, the Justice Department switched its position, dropping the claim that the law was intentionally discriminatory and later declaring that the law had been fixed. Mr. Sessions has also made clear he is not interested in using consent decrees to impose reforms on troubled police departments and has initiated a sweeping review of existing agreements.
Last week, the Justice Department, without being asked, filed a brief in a private employment discrimination lawsuit. It urged an appeals court not to interpret the ban on sex-based discrimination in the Civil Rights Act of 1964 as covering sexual orientation. The Obama administration had shied from taking a stand on that question.
Vanita Gupta, who ran the civil rights division in the Obama administration’s second term and is now president of the liberal Leadership Conference on Civil and Human Rights, noted that the briefs in the Texas voter identification and gay-rights cases were signed only by Trump administration political appointees, not career officials, just as the affirmative action project will apparently be run directly by the division’s front office.
“The fact that the position is in the political front office, and not in the career section that enforces antidiscrimination laws for education, suggests that this person will be carrying out an agenda aimed at undermining diversity in higher education without needing to say it,” Ms. Gupta said.
The civil rights division has been a recurring culture-war battleground as it passed between Democratic and Republican administrations.”
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Wow! Talk about waste, fraud, and abuse by political officials at the DOJ! Oh, GAO, where art thou when the country needs you? Assuming that any minorities can still vote by the time Sessions and Trump get through — a big if — they might want to consider turning out for candidates who will support the “original intent” of Civil Rights laws, rather than perverting them to further entrench the White (Largely Male) GOP Establishment.
PWS
08-02-17
Excerpts from two reports from the Washington Post:
“Senate Republicans suffered a dramatic failure early Friday in their bid to advance a scaled-back plan to overhaul the Affordable Care Act, throwing into question whether they can actually repeal the 2010 health law.
Their latest effort to redraw the ACA failed after Sen. John McCain’s decision to side with two other Republicans against President Trump and GOP leaders. The Arizona Republican, diagnosed with brain cancer last week, returned to Washington on Tuesday and delivered a stirring address calling for a bipartisan approach to overhauling the ACA, while criticizing the process that produced the current legislation.
It was a speech that laid the groundwork for Friday’s dramatic vote.
The vote was 49 to 51 — all 48 members of the Democratic caucus joined with McCain and Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) to block the legislation.”
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“Republican female senators whose disapproval of the GOP health-care effort has at times endangered its progress are facing an increasingly pointed backlash from men in their party, including a handful of comments that invoked physical retaliation.
In the past week, Sen. Susan Collins (Maine) has been challenged by a male lawmaker to a duel. She and Sen. Lisa Murkowski (Alaska) were told that they and others deserve a physical reprimand for their decisions not to support Republican health-care proposals. Murkowski, who voted with Collins against starting the health-care debate this week, was specifically called out by President Trump on Twitter and told by a Cabinet official that Alaska could suffer for her choice, according to a colleague.
The language of retribution increasingly adopted by Republican men reflects Trump’s influence and underscores the challenges GOP women can face when opposing the consensus of their party, which remains dominated by men, outside experts said. A videotape of Trump surfaced during the campaign revealing him bragging in vulgar terms about groping women, and some believed that opened the gates for further insults and degrading behavior toward women.
“Masculine dominance in the Republican Party is not only in numbers but in culture,” said Kelly Dittmar, a scholar at the Center for American Women and Politics at Rutgers University and the author of “Navigating Gendered Terrain: Stereotypes and Strategy in Political Campaigns.”
“When the person who is supposed to be the leader of the party shows it’s okay to use those sorts of attacks, whether they are specifically gendered or not, that is something that catches on at other levels,” Dittmar said. “We see it in the [elected officials] who feel it’s okay to say things like this.”
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Gee, are there only three adults in the “romper room” that passes for the Senate GOP? According to NBC’s Chuck Todd on Today, at least a dozen GOP Senators were “secretly relieved” that McCain vetoed the bill. What happened to their backbones? Whatever happened to governing for the good of the country, rather than trying to make good on boneheaded campaign promises? How much taxpayer money has the GOP wasted with its endless bogus votes to repeal Obamacare and the ongoing legislative circus they have been staging? Probably enough to pay for health care in all the rural counties in America.
Oh, and the threats to let Obamacare tank (that’s the latest version of Trump(we don’t)care)? Those hurt most would be the poor and struggling folks out there in Trumpland. Interesting that Democrats were willing to stand up for them, even though the folks in Trumpland were not willing to stand up for the rest of us Americans. Yeah, and no amount of Kris Kobach, Mike Pence obfuscation and outright lying can change the fact that the majority of Americans voted against the Trump Circus in the first place.
I’ve read lots of articles about how the rest of us need to be kind, compassionate, and understanding of the needs and situations of those who voted for Trump. Generally, I agree with that. It’s one country, and we should take care of everyone, including those who have differing ideas and those who can’t take care of themselves. But, as the GOP would say, at some point there has to be at least a little sense of personal responsibility. Don’t the folks who irresponsibly voted for a supremely (and obviously) unqualified individual to occupy the highest office in the land, and compounded the problem by putting a party that can’t (and never really has been) able to govern in power, bear any accountability for the disaster that has followed?
And one more thing. Could we please have a moratorium on articles about the “legislative genius” of Mitch McConnell?
PWS
07-28-17
Joshua Zeitz writes in Politico:
“President Trump’s condemnation of his own attorney general may seem bizarre and unprecedented, but here’s something many in America’s gobsmacked chattering class are forgetting: The vaunted independence of the Justice Department took over a century to build, and it’s a far more fragile institution than we realize.
The spectacle of Trump attacking Jeff Sessions, one of his earliest and most stalwart supporters, as “beleaguered” and “unfair” is certainly jarring. The president seemingly cannot help but vent his frustration over the attorney general’s decision to step aside in the Department of Justice’s probe into Russian election interference—a step that led indirectly to the appointment of special counsel Robert Mueller. If Sessions “would have recused himself before the job,” Trump told the (“failing”) New YorkTimes. “I would have said ‘Thanks, Jeff, but I’m not going to take you.’”
The prospect that the president might fire Sessions, whose immigration policies and draconian approach to law enforcement are anathema to the left, places Democrats in an unusual position. They despise the attorney general but find themselves bound to protect the independence of his office. But the real test lies with Republicans, who have largely looked the other way as Trump has laid waste to one political norm after another. Will they draw a sharp line in the sand, or bury their heads in it?
It took well over a century for the office of the attorney general to accrue the very power and independence that Trump now stands poised to blow up. Originally a minor position with little authority or autonomy, over the years the AG emerged as the nation’s top law enforcement official and a key adviser to the president. The office withstood considerable strain in the latter quarter of the 20th century. But like so many civic institutions today, it is imperiled precisely because it is largely the product of traditions, and administrative rules that capture those traditions, rather than permanent statutes or laws. Once broken, it may not be so easily reassembled.”
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Read the complete article, which contains a fascinating short history of the DOJ, at the link.
Washington was, in fact, built on swampland with Tiber Creek running through it. I’m sort of expecting that the old swamp will just open up again some day and swallow Trump and the whole corrupt mess surrounding him.
PWS
07-27-17
http://www.huffingtonpost.com/entry/597274e1e4b0545a5c31000
Nolan writes:
“In 1903, these lines were engraved on a plaque and placed on the pedestal of the Statue of Liberty:
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!
But should our immigration system be based on a desire to help immigrants from around the world? Or should it be based on our own national interests?
The main difference between legal and illegal immigration is that with legal immigration, the government decides which aliens will be allowed to come to the United States. Whereas, with illegal immigration, the aliens decide themselves whether they are going to come.
That distinction loses significance when the government does not base its immigration policy decisions on the country’s needs.
President Donald Trump believes that the current system for legal immigration does not meet our national interests.
. . . .
“Should we reject this approach and honor Lady Liberty’s invitation? That might have been possible when the plaque was put on the base of the Statute of Liberty more than a century ago, but it is no longer possible. Even if we limited the invitation to the huddled masses who have been driven from their countries by war, criminal violence, and persecution, there are too many of them.
And is it really wrong to base America’s immigration system on our own national interests instead of on a desire to help people from other countries? Trump and the Jordan Commission concluded not only that we should do what’s in our national interests, but that the current immigration system is hurting us.”
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Read Nolan’s complete article over at HuffPost at the above link!
Sorry, Nolan, but I think it’s all lots of White Nationalist bull. We wouldn’t even be having this debate if the immigrants were White Christians. It would be in the country’s best interests to legalize everyone who is here now and also to boost legal immigration limits for skilled, unskilled, and family to levels that more realistically match the market of supply and demand. And, we can take many more refugees than we take now.
By having a bigger and more realistic legal immigration system, our need for all the wasteful and largely ineffective law enforcement we have now would be reduced. We could concentrate on folks who really don’t belong here. And, by having a real “line,” instead of the fake one we have now, we would increase the incentives for folks to wait their turn and come in an orderly manner.
Most economists who have looked at our situation are appalled at the so-called RAISE Act. One has only to look at who sponsors it to see the motives behind it.
I largely agree with the recent article in the Washington Post by Heather Long which demonstrates how harebrained the Trump and RAISE policies would be. However, I don’t agree with the idea of some interviewed in the article that family immigration should be cut to raise employment-based immigration. Family immigration does great things for America, and folks with family ties here have a “leg up” in getting started and making a difference.
Trump doesn’t care two hoots and a holler about America’s future. He’s out to 1) cement his position with the White Nationalists in his base, and 2) to loot the U.S. for his and his family’s benefit any way he can. Cotton and Purdue also are about cultural issues and white Nationalism, not what’s best for America’s future.
I reprint Heather Long’s article below in full:
President Trump’s “to do” list still includes cutting legal immigration. Economists say that’s a “grave mistake.”
A Washington Post survey of 18 economists over the weekend found that 89 percent said it’s a terrible idea for Trump to curb immigration to the United States. Experts overwhelmingly predicted it would slow growth — the exact opposite of what Trump wants to do with “MAGAnomics.”
“Restricting immigration will only condemn us to chronically low rates of economic growth,” said Bernard Baumohl, chief global economist at the Economic Outlook Group. “It also increases the risk of the recession.”
Thomas Simons, senior economist at the Jefferies investment firm, called the idea “absolutely harmful to an economy with a population undergoing the demographic transformation.”
The bottom line is: The United States needs more workers. Growth happens when one of two things occurs: The economy gets more workers or the existing workers become more productive. At the moment, both of those factors are red flags. Productivity growth is sluggish, and, as Trump has pointed out many times, the percent of American adults who actually work — the labor-force participation rate — is hovering at the lowest levels since the 1970s.
A big part of the problem is the baby boomers are starting to retire. The United States needs more people to replace them, but the U.S. birthrate just hit a historic low, according to the Centers for Disease Control and Prevention. That’s why many economists, demographers and business owners keep calling for more immigration, not less.
“Limiting immigration to the U.S. is a grave mistake,” says Mark Zandi, chief economist at Moody’s Analytics. “The only way to meaningfully increase U.S. economic growth on a sustained basis anytime soon is to increase immigration.”
During the campaign, Zandi predicted that Trump’s protectionist stances on trade and immigration would lead to a “lengthy recession.” According to Zandi’s economic models, Trump’s worst policy was his plan to deport 11 million immigrants currently in the country illegally.
Now scaling back on legal immigration is a serious part of the policy discussion.
Congress and the White House are dealing with a slew of issues. Immigration appeared to be sidelined until a much-cited Politico report last week that top Trump aides are actively working with Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) to cut legal immigration by as much as 50 percent. It would be a revised version of the RAISE Act that the senators introduced in February and that would cut back on the number of refugees allowed in each year and make it much harder for anyone other than spouses or minor children of U.S. citizens or permanent residents to immigrate.
Trump still sees action on immigration as a critical part of his agenda. He brought it up on his trip to France last week.
“What I’d like to do is a comprehensive immigration plan,” the president told reporters on his way to Paris. “But our country and political forces are not ready yet.”
If Trump can’t get the bigger immigration overhaul he wants, he’s likely to push for something like the RAISE Act. Trump says the United States needs to limit immigration, legal and illegal, to give workers at home a better chance. One of the proposals Cotton and Perdue are considering is slashing the number of legally issued green cards from 1 million a year to 500,000 over the next decade.
Trump portrays immigrants as scooping up American jobs. But the data appears to tell a different story.
U.S. unemployment is at 4.4 percent. In May, unemployment hit the lowest level since 2001, a milestone Trump celebrated. That implies there aren’t many people struggling to find work. At the same time, the United States has 5.7 million job openings, which is near a record high. It’s been that way for a year now. Business leaders with big and small firms say they can’t find enough workers. They are especially vocal about not being able to find enough people for really low-skilled, low-pay work and for really highly skilled jobs.
Take Bayard Winthrop. He is founder and chief executive of American Giant, a company that Slate said produces the “greatest hoodie ever made.” American Giant makes those masterpiece sweatshirts by using only U.S. workers, U.S. cotton and U.S. manufacturing. In other words, Winthrop is the living embodiment of the “Made in America” a movement Trump is trying to resurrect. Yet one of the biggest problems Winthrop faces is not enough American workers want to do the hard work of picking cotton.
“If you go through our supply chain and talk to a lot of the business that are ginning cotton, dyeing and finishing cotton, what you hear pretty universally is they have open job requests but few people actually want these entry-level, lower-wage jobs,” he said Monday in an interview with WAMU radio. His message to Trump is, “Make immigration much more accessible.”
Trump is already heeding the calls for more lower-skilled workers. His administration just bumped up visas for seasonal foreign workers by 15,000, a 45 percent increase from last year.
There’s little love among economists and business leaders for a 50 percent cut in immigration overall, but there is growing support for moving the United States to a more merit-based immigration system. The idea is to attract more of the immigrant workers that the country desperately needs. At the moment, only 15 percent of green cards are issued for employment reasons, according to Department of Homeland Security data.
“There is a case for adopting a Canada-style system of ‘points’ whereby preference is given to people with desired skills,” said Martin Barnes, chief economist at BCA Research in Montreal.
The vast majority of legal immigrants are entering the country because they are relatives of someone already in the United States. It’s known as “chain immigration,” and the RAISE Act wants to limit that substantially so only spouses and children could come with a visa holder, not more-extended relatives.
From an economics standpoint, the key is to get more workers with the desired skills into the country. It’s why the tech community is lobbying so hard for more H-1B visas.
Immigrants also tend to start more businesses. While start-up founders in Silicon Valley are glorified, the reality is, business formation in the United States is near a 40-year low. That worries Carl Tannenbaum, chief economist at Northern Trust.
“Countries that get collectively older are granted fewer patents, start fewer small businesses and take fewer risks with capital,” Tannenbaum said. All of that hurts economic growth.
Tannenbaum is concerned not only that Trump will cut immigration in the future but also that the president’s anti-immigrant rhetoric and controversial travel ban are already encouraging the best young minds in the world to look elsewhere for their college educations and early careers.
“If smart kids get educated elsewhere, the U.S. will experience a talent drain that we will certainly come to regret,” Tannenbaum warned.”
PWS
07-21-17
https://www.theguardian.com/us-news/2017/jul/20/trump-undocumented-immigrants-dream-act-congress
Sabrina Siddiqui reports for The Guardian:
“A top Republican senator has challenged Donald Trump to make “a moral decision” on the fate of hundreds of thousands of undocumented immigrants brought to the US as children, part of a revamped bipartisan push to grant permanent residency to so-called Dreamers.
“The moment of reckoning is coming,” South Carolina senator Lindsey Graham warned the president and his Republican colleagues at a press conference Thursday to unveil a new iteration of legislation known as the Dream Act.
Graham was joined by Illinois senator Dick Durbin, the Democratic cosponsor of the bill who first introduced legislation of the same name 16 years ago. Their proposal, which mirrors previous legislation that failed to pass Congress multiple times, would grant legal status and a path to citizenship to Dreamers if they were longtime residents of the US.
In a sign of tough odds facing the bill, the White House swiftly rejected the notion that the president would support such a measure.
“The administration has opposed the Dream Act and we are likely to be consistent in that,” said Marc Short, the White House legislative affairs director, in an off-camera briefing with reporters on Wednesday.
Graham acknowledged the president’s candidacy was rooted in a hardline approach to immigration but cast the debate as an existential question for the party that now controls the White House and both chambers of Congress.
“President Trump, you’re going to have to make a decision,” Graham said. “The campaign is over.”
“The question for the Republican party is, what do we tell people? How do we treat them?” he added. “Here’s my answer: we treat them fairly. We do not pull the rug out from under them.”
. . . .
An emotional Graham said he first became engaged on the issue of immigration at the request of his close friend John McCain, the Arizona senator who made public on Wednesday his diagnosis with brain cancer.
Graham said he spoke with McCain three times by phone on Thursday morning, in which his closest ally’s message amounted to: “No more ‘woe is me’.”
“He is yelling at me to buck up,” Graham said. “So I’m going to buck up.”
“I’ve stopped letting 30% of the people who are mad about immigration to determine how I behave … When they write the history of these times, I’m going to be with these kids.”
These articles from today’s Washington Post highlight three “gonzo” immigration proposals driven by the Trump Administration’s white nationalist agenda.
First, the proposal to require nonimmigrant students in the U.S. to apply for annual extensions of stay would roll back the “duration of status program” for students — arguably the single best and most mutually beneficial efficiency move in the history of INS/USCIS. It would also create chaos in student visa programs that not only keep many colleges and universities financially viable, but also fuel American innovation and technological advances in the STEM fields.
Second, proposals to make visa issuance a law enforcement function within the DHS would lead to chaos in the visa issuing program and probably will result in retaliation by other friendly nations. Visas are part of the foreign commerce of the U.S., not a domestic law enforcement program.
Finally, proposals to reduce legal immigration and further restrict legal opportunities for unskilled workers would deprive the U.S. of workers at a time when the growing economy needs them the most. This short-sighted policy would likely lead to the same type of economic stagnation that has plagued EU countries and Japan over the past several decades.
Read the articles here:
https://www.washingtonpost.com/opinions/the-latest-nativist-trump-proposals-would-actually-hurt-american-institutions/2017/07/17/c85765fc-67eb-11e7-8eb5-cbccc2e7bfbf_story.html?utm_term=.570c8e41fee6
https://www.washingtonpost.com/news/wonk/wp/2017/07/17/cutting-legal-immigration-50-percent-might-be-trumps-worst-economic-policy-yet/?utm_term=.ac7808d8383d
Restrictionist policies driven by xenophobia and racism inevitably lead to disaster.
PWS
07-18-17
Sarah Sherman-Stokes writes in an op-ed in today’s Washington Post:
“Sarah Sherman-Stokes is a clinical instructor and the associate director of the Immigrants’ Rights and Human Trafficking Program at Boston University School of Law.
America’s immigration judges have long been overburdened and under-resourced. One immigration judge has compared her job to “doing death-penalty cases in a traffic-court setting.” The stakes are high, while support and procedural protections for noncitizens facing deportation are negligible. It’s no surprise, then, that immigration judges suffer greater stress and burnout than prison wardens or doctors in busy hospitals.
Now, the Trump administration is making a difficult situation almost untenable. In an effort to expand and accelerate the deportation machine, the Trump administration has hit immigration judges with a one-two punch: dramatically increasing their caseloads and, at perhaps the worst time, canceling the annual week-long training conference for immigration judges. The impact on the entire removal system — and, more importantly, on the rights and lives of our most vulnerable noncitizen neighbors — will be devastating.
On average, an immigration judge completes more than 1,500 cases per year, with a ratio of 1 law clerk for every 4 judges, according to a recent report of the National Association of Immigration Judges. By comparison, the typical district court judge trying civil suits has a pending caseload of 400 cases and three law clerks for assistance.
This imbalance is poised to deteriorate even further. In January, the administration issued an executive order that effectively repealed and replaced a tiered system of immigration enforcement and removal priorities crafted by the Obama administration, which focused deportation efforts on the most serious offenders. President Trump’s executive order places a priority on every noncitizen suspected of violating the law. This includes noncitizens who have been charged with (but not convicted of) any offense or who have committed acts that constitute a criminal offense (though they have been neither charged nor arrested). In fact, a recently leaked February 2017 memo from an Immigration and Customs Enforcement official is even more explicit, instructing ICE agents to “take enforcement action against all removable aliens encountered in the course of their duties.” It adds that the agency “will no longer exempt classes or categories of removable aliens from potential enforcement.”
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Read the complete article at the link.
How much longer does this due process and administrative disaster have to go on before the U.S. Immigration Courts are taken out of the Justice Department and authorized to operate as an independent Article I judiciary?
PWS
0712-17
Danielle writes:
“Archaeologists at Thomas Jefferson’s Virginia plantation, Monticello, are unearthing the room where Sally Hemings is believed to have lived, allowing for a new way to tell the story of the enslaved people who served our third president. The excavation has once again reminded us that 241 years after the United States was founded, many Americans still don’t know how to reconcile one of our nation’s original sins with the story of its Founding Fathers.
Just before the Fourth of July, NBC News ran a feature on the room, setting off a spate of coverage about the dig. Many of these stories described Hemings, the mother of six children with Jefferson, as the former president’s “mistress.” The Inquisitr, the Daily Mail, AOL and Cox Media Group all used the word (though Cox later updated its wording). So did an NBC News tweet that drew scathing criticism, though its story accurately called her “the enslaved woman who, historians believe, gave birth to six of Jefferson’s children.” The Washington Post also used “mistress” in an article about Hemings’s room in February.
Language like that elides the true nature of their relationship, which is believed to have begun when Hemings, then 14 years old, accompanied Jefferson’s daughter to live with Jefferson, then 44, in Paris. She wasn’t Jefferson’s mistress; she was his property. And he raped her.
Such revisionist history about slavery is, unfortunately, still quite common. In 2015, Texas rolled out what many saw as a “whitewashed ” version of its social studies curriculum that referred to enslaved Africans as “immigrants” and “workers” and minimized slavery’s impact on the Civil War. One concerned parent spoke out, forcing a textbook publisher to revise some of the teaching materials.
In a speech at the Democratic National Convention last year, Michelle Obama reminded Americans that no less a symbol of our government than the White House was built by those in bondage. In response, then-Fox News host Bill O’Reilly offered a softer, gentler take: Those enslaved workers were “well fed and had decent lodgings provided by the government,” he said. That they had no choice in their food, lodging or whether they even wanted to do the backbreaking work of building Washington by hand was nowhere to be found in O’Reilly’s version.
. . . .
Romanticizing Hemings and Jefferson’s so-called relationship minimizes the deadly imbalance of power that black people suffered under before the Civil War. It also obscures our collective history as a nation that moved from being built on the blood, bones and backs of enslaved African Americans and indigenous people, to being the imperfect, hopeful and yet still unequal country we are today.”
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Four of our first five U.S. Presidents had no visible means of support other than the free labor provided by enslaved African Americans. In other words, they were incapable of, or chose not to, make an “honest” living, essentially freeloading off of “welfare” provided by their enslaved workers.
And it wasn’t just the south. Much of the prosperity of the New England merchant class rested directly or indirectly on the profitable slave trade or the agricultural products produced by slave labor in the south. As pointed out in the article, enslaved black workers literally built our nation’s capitol.
Nor were religious institutions absolved of the taint. Georgetown University (where I teach at the Law School), a Jesuit institution, recently had to come to grips with the fact that it sustained itself by literally selling black families “down the river” where many of them were permanently separated.
Even after the Civil War, which, contrary to apologist historians, was driven almost entirely by slavery and keeping blacks from sharing in democracy, the white power structure in both the north and the south cooperated in undermining the 14th Amendment for more than a century. Today, politicians like Donald Trump, Jeff Sessions, and Kris Kobach, assisted by their “groupies” like Steve Bannon and Stephen Miller, seek to turn back the clock on our nation’s hard-earned progress toward racial equality.
Why as a nation do we have so much difficulty acknowledging the immoral conduct of many of our founders and the overwhelming debt we owe to those black Americans whose skills, perseverance, and hard work literally built America?
PWS
07-07-17
Bouie writes:
“Thus far, Donald Trump has governed as a typical Republican president, with the usual suite of tax cuts, deregulation, and conservative nominees for the federal bench. The difference is that unlike his predecessors, Trump isn’t rooted in the tenets of conservativism. Indeed, as a man of id and impulse, it’s hard to say he’s rooted in anything. To the extent that he does have an ideology, it’s a white American chauvinism and its attendant nativism and racism. It was the core of his “birther” crusade against Barack Obama—the claim that for reasons of blood and heritage, Obama couldn’t be legitimate—and the pitch behind his campaign for president. Trump would restore American greatness by erasing the racial legacy of Obama’s presidency: the Hispanic immigration, the Muslim refugees, the black protesters.
This is the reason Trump’s campaign attracted, and his administration employs, men like Jeff Sessions, Stephen Bannon, and Stephen Miller. Sessions, a staunch opponent of federal civil rights enforcement and proponent of radical immigration restriction. Miller, his protégé, whose young career is marked by the same contempt for racial pluralism. Bannon, an entrepreneur with intellectual pretensions whose literary touchstones include virulently racist propaganda, and who brought that sensibility to Breitbart, a news website where “black crime” was a vertical and writers churn out stories on dangerous Muslims. Each shares a vision of a (white) America under siege from Hispanic immigration to the South and Islam to the East. All three are influential in the Trump White House as strategists and propagandists, taking the president’s impulses and molding them into a coherent perspective.
That is the key context for President Trump’s recent remarks in Warsaw, Poland, where he made a defense of “Western civilization.” He praised Poland’s resilience in the face of Nazi aggression and Soviet domination (and stayed quiet on Nazi collaboration within Poland), and celebrated the nation as a beacon of Western values. “A strong Poland is a blessing to the nations of Europe, and they know that. A strong Europe is a blessing to the West and to the world.” (It should be said that U.S. allies in Western Europe are less enthusiastic about the current right-wing Polish government.) From here, Trump presented the West as an empire under siege: “We have to say there are dire threats to our security and to our way of life. You see what’s happening out there. They are threats. We will confront them. We will win.”
Although marked by Trump’s characteristic bombast, much of this was in line with past presidential rhetoric, especially during the Cold War when American presidents routinely engaged in this kind of clash of civilizations rhetoric. (It is unclear, though, if previous presidents would have endorsed a narrative that erases victims of Polish anti-Semitism.)
But this isn’t the Cold War. The Soviet Union no longer exists. For Trump then, what are these “dire threats”? The chief one is “radical Islamic terrorism” exported by groups like ISIS. But he doesn’t end there. For Trump, these threats are broader than particular groups or organizations; they are internal as well as external.
“We must work together to confront forces, whether they come from inside or out, from the South or the East, that threaten over time to undermine these values and to erase the bonds of culture, faith, and tradition that make us who we are,” said Trump. “If left unchecked, these forces will undermine our courage, sap our spirit, and weaken our will to defend ourselves and our societies.”
Not content to leave his message understated, Trump hammered home this idea in a subsequent line. “The fundamental question of our time is whether the West has the will to survive,” said the president, before posing a series of questions: “Do we have the confidence in our values to defend them at any cost? Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”
In the context of terrorism specifically, a deadly threat but not an existential one, this is overheated. But it’s clear Trump has something else in mind: immigration. He’s analogizing Muslim migration to a superpower-directed struggle for ideological conquest. It’s why he mentions “borders,” why he speaks of threats from “the South”—the origin point of Hispanic immigrants to the United States and Muslim refugees to Europe—and why he warns of internal danger.
This isn’t a casual turn. In these lines, you hear the influence of Bannon and Miller. The repeated references to Western civilization, defined in cultural and religious terms, recall Bannon’s 2014 presentation to a Vatican conference, in which he praised the “forefathers” of the West for keeping “Islam out of the world.” Likewise, the prosaic warning that unnamed “forces” will sap the West of its will to defend itself recalls Bannon’s frequent references to the Camp of the Saints, an obscure French novel from 1973 that depicts a weak and tolerant Europe unable to defend itself from a flotilla of impoverished Indians depicted as grotesque savages and led by a man who eats human feces.
For as much as parts of Trump’s speech fit comfortably in a larger tradition of presidential rhetoric, these passages are clear allusions to ideas and ideologies with wide currency on the white nationalist right.
Defenders of the Warsaw speech call this reading “hysterical,” denying any ties between Trump’s rhetoric in Poland and white nationalism. But to deny this interpretation of the speech, one has to ignore the substance of Trump’s campaign, the beliefs of his key advisers, and the context of Poland itself and its anti-immigrant, ultranationalist leadership. One has to ignore the ties between Bannon, Miller, and actual white nationalists, and disregard the active circulation of those ideas within the administration. And one has to pretend that there isn’t a larger intellectual heritage that stretches back to the early 20thcentury, the peak of American nativism, when white supremacist thinkers like Madison Grant and Lothrop Stoddard penned works with language that wouldn’t feel out of place in Trump’s address.
“Unless we set our house in order, the doom will sooner or later overtake us all. And that would mean that the race obviously endowed with he greatest creative ability, the race which had achieved most in the past and which gave the richer promise for the future, had passed away, carrying with it to the grave those potencies upon which the realization of man’s highest hopes depends,” wrote Stoddard in his 1920 book The Rising Tide of Color Against White World-Supremacy. Compare this to the crest of Trump’s remarks in Warsaw, which follows his warning of internal threat and his praise of Western civilization:
What we have, what we inherited from our—and you know this better than anybody, and you see it today with this incredible group of people—what we’ve inherited from our ancestors has never existed to this extent before. And if we fail to preserve it, it will never, ever exist again.
Those lines fit comfortably into a long history of white nationalist rhetoric. They in no way resemble Ronald Reagan’s words in Berlin or John Kennedy’s speeches in defense of the “free world.”
To read those previous presidential speeches is to see what makes Trump distinctive. Kennedy and Reagan defined “the West” in ideological terms—a world of free elections and free markets. It’s an inclusive view; presumably, any country that adopts these institutions enters that community of nations. For Trump, “the West” is defined by ties of culture and religion. It’s why a government that disdains democratic institutions, like Poland’s, can still stand as a vanguard of Western civilization, and why Muslim immigration is a chief threat to the integrity of Europe. What makes this racial is its relationship to Trump’s other rhetoric. If Western civilization is defined by religion and culture, then Mexico—with its Catholic heritage and historic ties to European monarchies—is unquestionably an outpost of “the West.” But for Trump and his advisers, it too is a threat to the Western order.
Donald Trump went to Europe and, in keeping with his campaign and influences, gave a speech with clear links to white nationalist thought. To pretend otherwise, to ignore the context of this address—to place Trump in a vacuum of history and politics, divorced from his own persona—is, at best, to cross the line into willful ignorance.”
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Trump has clearly shown himself to be a person of no values whatsoever. Although his xenophobic, white nationalist/racist agenda appears to be little more that political opportunism — parroting concepts developed by Sessions, Bannon, Miller & company — that doesn’t make it any less problematic — or dangerous.
PWS
07-07-17
http://www.cnn.com/2017/07/07/politics/sanctuary-cities-trump-administration-words/index.html
Tal reports:
“Washington (CNN)The Trump administration does not shy away from tough rhetoric, and lawyers representing sanctuary cities are hoping that will come back to haunt it in court.
Sam Levine writes in HuffPost:
Former Department of Justice officials and voting advocates are seriously alarmed over a DOJ letter sent to states last week that they say could signal a forthcoming effort to kick people off voter rolls. This comes as national attention focuses on several states blocking a request for voter information from President Donald Trump’s commission to investigate voting fraud, which does occur, but is not a widespread problem.
The DOJ sent the letter to 44 states last Wednesday, the same day the Presidential Advisory Commission on Election Integrity sent a letter controversially requesting personal voter information. The DOJ letter requests that election officials respond by detailing their compliance with a section of the National Voter Registration Act of 1993 (NVRA), which covers 44 states and was enacted to help people register to vote, but also specifies when voters may be kicked off the rolls.
Several experts said it’s difficult not to see the DOJ letter in connection with the commission’s letter as part of a multipronged effort to restrict voting rights.
Former Justice Department officials say that while there’s nothing notable about seeking information about compliance with the NVRA, it is unusual for the department to send out such a broad inquiry to so many states seeking information. Such a wide probe could signal the department is broadly fishing for cases of non-compliance to bring suits aimed at purging the voter rolls.
“These two letters, sent on the same day, are highly suspect, and seem to confirm that the Trump administration is laying the groundwork to suppress the right to vote,” said Vanita Gupta, the CEO of the Leadership Conference on Civil and Human Rights and former head of DOJ’s civil rights division under President Barack Obama. “It is not normal for the Department of Justice to ask for voting data from all states covered by the National Voter Registration Act. It’s likely that this is instead the beginning of an effort to force unwarranted voter purges.”
These two letters, sent on the same day, are highly suspect, and seem to confirm that the Trump administration is laying the groundwork to suppress the right to vote.Vanita Gupta, head of DOJ’s civil rights division under President Barack Obama.
“If this went to any individual states, I don’t think anybody would’ve blinked twice,” said Justin Levitt, a professor at Loyola Law School who served as deputy assistant attorney general in the civil rights division in the Obama administration. The letter asked for public information that was uncontroversial, he added, but what made the letter “really weird” was that it was sent out to so many states.
“The Department of Justice does investigations all the time, but those are usually based on individualized predicates to believe that there’s a problem in a given area, in a given jurisdiction. And I’m not aware of a similar letter being sent to blanket jurisdictions across the country,” he said.”
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Read the complete article at the link. The concept that “Gonzo Apocalypto” would protect anybody’s voting rights except those of white GOP leaning voters is borderline absurd. Deconstructing (and perverting) the American justice system one gonzo decision at a time.
PWS
07-056-17
Allen writes:
“By now, we should all be bored to death with despairing Democrats’ decrying the non-appeal of their “brand.” If they remembered that we were citizens, not consumers, they might bother to develop some ideas and propose to lead us somewhere, anywhere. Perhaps the anti-Trump resistance could tackle the challenge of building a positive vision. “Resist and rebuild” might be the mantra.
The original Independence Day was one of construction. By July 4, work on the Articles of Confederation and state constitutions was already well advanced. Maybe the thing to do is have a competition. Hear ye, hear ye, all Americans, what do you think Democrats should be trying to achieve? Submit your ideas!
I, for one, would love to see somebody stand up on some platform somewhere and say something like the following:
We are better than this, America. Better than this division, disdain and despair. We will chase away the clouds and let the sun shine through. The sun of honor and truth. The sun of freedom, fairness and equality.
We will connect, empower and emancipate Americans.
How? By transforming transportation, housing, criminal justice and health care.
We will get our fiscal house in order — achieving a new social contract across generations to rebalance Social Security and Medicare. With our own resources — and without Saudi infrastructure investments being arranged at the same moment that sales of arms to the kingdom are being hammered out — we’ll rebuild our transportation infrastructure. We’ll reconnect rural America to mobility and break the grip of deadening traffic on the lives of urban and suburban residents. By banishing remoteness, we’ll restore opportunity. With less time in cars, we’ll have more time for neighbors; parents will have more time for kids.
We will tackle the true housing crisis: the high cost of rent and the limited availability of affordable housing in places where there is economic opportunity. While real estate developers get rich on the tax treatment of commercial real estate losses, ordinary Americans keep taking hits. We will address underwater mortgages that continue to trap people in undesirable situations and make moving a threat to one’s retirement. An America on the move is an America empowered, firing up engines of opportunity now stalled out.
We will end the war on drugs, build universal health care and reinvest in education. Criminal justice isn’t the tool for the problem of addiction. Health care is. We can and should fight high-level traffickers, but we should emancipate those who suffer from addiction, by calling on the blessings of medicine. We can and should rally the international community against international trafficking, but we must emancipate young people entrapped as low-level employees in international cartels’ predatory distribution systems. They need pathways out — through education and jobs. And we must emancipate communities of color from mass incarceration’s devastation. We must liberalize our drug laws at last.
The time has also come for universal health care. Where Medicaid has expanded, states are better able to fight opioid addiction. When children go to school healthy, they learn better. As Thomas Paine, author of “Common Sense,” argued, everyone needs a starting kit for life. Congress has proved that our health-care system is a mess — too complicated, too byzantine — for any group of 535 honorable women and men to sort out. Let’s make it simple. Forty percent of the nation’s children are already on Medicaid. We can offer Medicaid to all.
With Medicaid for all, we can secure what most of us now recognize as a basic right: routine access to modern medicine. This should be, for all Americans, like access to our highway system. Sure, some will use toll roads for a superior journey. But the road to good health should be open to all. Empowered with a strong foundation of health and education, all Americans will at last have a shot at the American dream.
America is woven of many strands: religious and secular; black, brown and white; male, female; gay, trans and straight; rural and urban. We would recognize it and let it so remain. We will connect, empower and emancipate all Americans, new and old, the sons and daughters of ancestors who have been here for generations, the sons and daughters of those just arrived.
We ask in return that you begin to speak to each other again with civility and decency, whether online or off, and in the expectation of securing goodwill from one another. We didn’t get to be the richest, freest country in the world on a fuel of mutual disdain. What we have we’ve built with the mutual respect that makes working together possible. We ask that all Americans aspire to prove themselves trustworthy to one another, to stand beside each other, and to hope to guide one another generously, in a spirit of equality, upholding justice for all, with the grace of Lady Liberty.
We will also ask Americans to welcome a set number of new immigrants every year and another set number cycling through on work permits. We will bring order to our immigration system. But remember this: Families coming from distant lands seek us out because we are the country of good hope. This is our pride and joy. To see that hope reflected in the faces of newcomers is an honor indeed. By asking for entrance, new immigrants tell us that we have done well. We have built something of value to all humankind.
Connect. Empower. Emancipate. This is what we will do for the American people. This is what we ask you, the American people, to do for yourselves. Connect. Empower. Emancipate.
We will banish the dark. We will again lift the lamp of human dignity.”
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I wonder how many times the word “dark” has been used to describe various aspects of the Trump Administration?
PWS
07-05-17
Susan McWilliams writes in The Nation:
While many commentators say Trump will have to bring back jobs or vibrancy to places like the Rust Belt if he wants to continue to have the support of people who voted for him, Thompson’s account suggests otherwise. Many if not most Trump supporters long ago gave up on the idea that any politician, even someone like Trump, can change the direction the wind is blowing. Even if he fails to bring back the jobs, Trump can maintain loyalty in another way: As long as he continues to offend and irritate elites, and as long as he refuses to play by certain rules of decorum—heaven forfend, the president-elect says ill-conceived things on Twitter!—Trump will still command loyalty. It’s the ethic, not the policy, that matters most.
Even the racism that was on full display in Trump’s campaign should be understood at least in part in retaliatory terms, as directed at the political elite rather than at struggling minority groups. The Hells Angels, Thompson wrote, did things like get tattoos of swastikas mostly because it visibly scared the members of polite society. The Angels were perfectly happy to hang out at bars with men of different races, especially if those men drove motorcycles, and several insisted to Thompson that the racism was only for show. While I have no doubt (and no one should have any doubt) that there are genuine racists in Trump’s constituency—and the gleeful performance of racism is nothing to shrug off—Thompson suggests we should consider the ways in which racism might not be the core disease of Trumpism but a symptom of a deeper illness.
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Thompson would also direct our attention in the early days of the Trump administration to the armed forces and the policies that will mandate what they do. For one great exception to the Angels’ ethos of total retaliation against authority was the military, just as one great exception to the Trump voters’ ethos of total irreverence is the police. Thompson explains that such institutions, which are premised on brute force rather than the more refined rules of intellectual engagement, maintain both a practical and a cultural connection to people like the Angels. The military and the police draw mostly from poor and working-class communities to fill their ranks, and their use of violence is something the motorcycle guys understand. It is one aspect of American life they can easily imagine themselves being a part of.
For his part, Thompson thought that what might prove most dangerous about the ethic of total retaliation was the way it encouraged the distrust of all authority—except for the authority of brute force. The president-elect’s enthusiasm for waterboarding and other forms of torture, his hawkish cabinet choices, and his overtures to strongmen like Vladimir Putin are grave omens. We could end up back where Thompson left off at the end of his book: the Angels, marching with the John Birch Society, on behalf of the Vietnam War.
At the end of Hell’s Angels, having spent months with the motorcycle guys, Thompson finally gets stomped by them. For some offense he doesn’t understand (and which he probably didn’t commit), Thompson gets punched, bloodied, kicked in the face and in the ribs, spat at and pissed on. He limps off to a hospital in the dead of night, alone and afraid. Only in that moment does Thompson realize that as a journalist (and therefore a member of the elite), he could not possibly be a true friend of the Angels. Wear leather and ride a motorcycle though he might, Thompson stood on the side of intellectual and cultural authority. And that finally made him, despite his months of good-timing with the Angels, subject to their retaliatory impulses. The ethic of retaliation is total, Thompson comes to realize. There is nothing partial about it. It ends with violence.
There’s no doubt about it: trouble lies ahead. That Hell’s Angels foresaw all this 50 years ago underscores the depth and seriousness of Thompson as a political thinker and of ours as a singularly dangerous time. Trumpism is about something far more serious than Trump, something that has been brewing and building for generations. Let us take Thompson’s cautions seriously, then, so that this time we Berkeley types are not naive about what we face. Otherwise, we’re all liable to get stomped.”
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Read the complete, much longer, article at the link.
McWilliams’s article should be a “must read” for every American who can read.
PWS
07-02-17