⚖️🗽 WHAT DEMS SHOULD KNOW ABOUT THE BORDER — As Speculation Grows That Dems Will “Sell Out” Asylum Seekers To Get Aid For Israel & Ukraine, They Should Think About The Cruelty, Deadly Consequences & Inevitable Failure The GOP Seeks & The Real Costs Of Abandoning Human & Civil Rights —  “Deterrence won’t solve migration—it will only maim and mangle more men, women, and children.“

Border Death
Is it REALLY a good idea for Dems to trade war aid abroad for eradication of human rights and even more border deaths to appease right wing GOP extremists in Congress? — This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

From The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-political-pathology-of-border?r=330z7&utm_medium=ios&utm_campaign=post

We are happy to announce that we will be doing occasional guest op-eds here at The Border Chronicle, and today is our first. You probably remember Brian Elmore, the emergency-medicine resident physician who did a Q&A with Melissa last month. In this op-ed he vividly describes what border deterrence does to a person’s flesh, and he makes an eloquent call for its end. After 30 years of this strategy, which has proved both deadly and harmful for people crossing the border, it is our honor to publish this reckoning and call for action, especially since we are entering an election year (it is now November, after all).

Brian is also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute.

And lastly, !Feliz Día de Muertos! Todd

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

The Political Pathology of Border Deterrence: An Up-Close View of How This Policy Looks in the Emergency Room

“Deterrence won’t solve migration—it will only maim and mangle more men, women, and children. It will send more people to my emergency room. Some it will send to the morgue.”

. . . .

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

Read Dr. Elmore’s complete op-ed at the link.

So, exactly what makes “selling out” the legal, civil, and human rights of other persons a viable “strategy option” for Dem politicos, who certainly know better? See, e.g., https://www.politico.com/news/2023/11/02/biden-ukraine-aid-deal-00125125.  Sounds “pretty GOP” to me — selling rights that aren’t yours in the first place! See, e.g., Women’s Right to Choose & the “Forced Birth Movement!”

Dems shouldn’t believe that by abandoning asylum seekers and trashing both civil and human rights at the border they will gain any credit from the GOP or leverage from their xenophobic voters. They will just leave a trail of dead bodies and sow the seeds for the destruction of our democracy.

🇺🇸 Due Process Forever!

PWS

11-07-23

⚖️ GIVING CONTEXT TO THE GOP’s OVERHYPED “BORDER TERRORIST” CLAIMS: Experts Set The Record Straight!

Maria Ramirez Uribe
Maria Ramirez Uribe
Immigration Reporter
PolitiFact
PHOTO: PolitiFact.com

Maria Ramirez Uribe reports for PolitiFact:

https://www.politifact.com/article/2023/oct/27/ask-politifact-how-many-people-on-the-terrorist-wa/

Some Republican lawmakers are flagging Hamas’ attack on Israel as an example of why more security is needed at the southern U.S. border. Hamas militants breached a border fence and attacked Israeli villages bordering the Gaza Strip on Oct. 7.

“Potential terrorists are attempting to cross our southern border. In September alone, 18 illegal immigrants on the terror watchlist were caught at the border,” U.S. Sen. Marsha Blackburn, R-Tenn., posted Oct. 21 on X. “The attack on Israel should serve as a warning as to why we must secure the border.”

The next day, U.S. Rep. Kevin McCarthy, R-Calif., also mentioned the terrorist watchlist on NBC’s “Meet The Press.”

“We just caught 18 people, just last month, on the FBI terrorist watchlist, coming across our border,” McCarthy said. “More than 160 have done it this year, a record breaking.”

U.S. immigration officials have encountered rising numbers of people on the watchlist. But not everyone on the list is a terrorist, and not everyone encountered is allowed to enter the country.

Terrorism and immigration experts say that the threat of attacks in the U.S. and Israel are incomparable.

“They both involve borders, but the comparison ends there,” David Bier, an immigration expert at the libertarian Cato Institute, previously told us. “People aren’t crossing the border to conduct terrorist attacks or take over parts of the United States. A very small percentage may come to commit ordinary crimes, like selling drugs, but overwhelmingly, they are coming for economic opportunity and freedom.”

McCarthy’s office did not respond to our query for more information. A Blackburn spokesperson pointed us to a Fox News reporter’s post on X. Customs and Border Protection did not confirm whether 18 people were stopped in September.

Here’s what we know about who is on the terrorist watchlist, and what the data can and can’t tell us.

. . . .

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

Read Maria’s complete article which includes comments from real experts like Professor Stephen Yale Loehr, Professor Denise Gilman, Aaron Reichlin-Melnick, and others in addition to David Bier. They stand in sharp and long overdue contrast with the GOP’s alarmist, out of context, claims.

It’s little wonder that a party of anti-democracy activists, insurrectionists, and election deniers would want to deflect attention from themselves onto folks who are overwhelmingly coming to save their lives and to work hard and contribute to our economic growth! 

I have previously “called out” Kristen Welker and NBC’s Meet the Press for giving McCarthy an unnecessary public forum for his alarmist narrative. See, e.g.,  https://immigrationcourtside.com/2023/10/23/🚩politics-gops-bakuninist-clown-show-sows-american-chaos🤮☠️/. Worse yet, there was no effective “pushback” from Welker on McCarthy’s attempt to blame vulnerable asylum seekers for the political disorder and threats to our democracy that he and his righty GOP buddies helped sow!

Many thanks to Maria for setting the record straight and to the experts who were interviewed from her article! You actually did the “due diligence” that Welker and others often brush off when “doing immigration.”

Those wanting to learn about what’s really happening at the border and what reasonable improvements might actually be possible will get a chance to hear from Professor Yale Loehr and  Muzaffar Chishti in a webinar upcoming on Nov. 7. See https://immigrationcourtside.com/2023/10/25/🗽tired-of-border-bs-from-nativist-pols-media-bureaucrats-get-the-real-skinny-from-the-experts-yale-loehr-chishti-on-nov-7-zoom-option-availab/.

Of course border security is important! A significant, achievable improvement would be to establish a fair, timely, functional asylum screening and adjudication system at ports of entry so that those seeking asylum will be motivated to use it (rather than attempting  to “punish” and “deter” those who can’t use the current dysfunctional DHS/EOIR “system.”) That would give CBP a chance to concentrate on the real law enforcement challenge: identifying and stopping those who seek to harm the U.S. That’s going to take even better intelligence and more sophisticated efforts.

I also wouldn’t minimize that, as pointed out by the experts, CBP has been able to identify and deny entry to individuals on their list. That’s a sign of success, not failure!

To state the obvious, further cutting or restricting asylum (as many in the GOP disingenuously advocate) would only force even more of those seeking refuge into the hands of smugglers and push them into the dangerous lands between ports of entry. Misdirecting enforcement resources to fruitlessly and improperly trying to “deter” and “apprehend” those legitimately seeking refuge will only further dilute the attention that CBP can pay to any real dangers lurking at the border!

🇺🇸 Due Process Forever!

PWS

10-30-23

🤯 POLITICS: (SADLY) YOU CAN’T MAKE THIS STUFF UP! —  Bess Levin @ Vanity Fair With The (Very) Low Down On MAGAMIKE!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2023/10/everything-to-know-about-mike-johnson?utm_source=nl&utm_brand=vf&utm_mailing=VF_HIVE_102823&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&source=EDT_VYF_NEWSLETTER_0_HIVE_ZZ&utm_campaign=VF_HIVE_102823&utm_term=VYF_Hive

Election Denial, “Sexual Anarchy,” Noah’s Ark: All the Mike Johnson Details We Regret to Inform You Of

By Bess LevinOctober 26, 2023

There’s a lot that’s concerning!

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Drew Angerer/Getty Images

On October 25, after several weeks that saw dysfunction, chaos, humiliation, and anonymous threats to at least one lawmaker’s wife, Republicans finally elected a Speaker of the House to succeed Kevin McCarthy: Mike Johnson, a representative from Louisiana who has the distinction of being the least experienced Speaker in more than a century.

At the time of Johnson’s accession, a lot of Americans likely had no idea who he was; actual Republican senator Susan Collins, for one, told a reporter she didn’t know Johnson but planned to remedy that by googling him. And if you weren’t familiar with Johnson, you might’ve assumed that that was maybe even a good thing—that he was just a quiet Republican who hadn’t gotten wrapped up in the insanity plaguing the GOP over the last seven or so years. He didn’t have the name recognition of, say, Jim Jordan or Matt Gaetz, but perhaps that simply spoke to the fact that he wasn’t leading a series of absurd hearings in an attempt to take down Joe Biden; or bragging about being so devoted to Donald Trump that he answered his phone calls during sex. Maybe, you might have thought, he wasn’t someone you’d have to constantly worry about re: undermining democracy or trying to take away people’s rights.

Unfortunately, that is not the case with Johnson, who may not have been well known prior to being given one of the most powerful jobs in government but is very much someone whose extremist views and actions should keep you up at night.

Herein, a running list of the absolute most WTF things the new Speaker has said and done on everything from the 2020 election to abortion to LGBTQ+ rights and more.

Abortion

Johnson is proudly antiabortion. When Roe v. Wade was overturned last year, he called it “a great, joyous occasion,” later writing, “We will get the number of abortions [in Louisiana] to ZERO!!” As an attorney for the Alliance Defense Fund, now known as the Alliance Defending Freedom, he worked on efforts to shut down abortion clinics in the state. In Congress, he cosponsored legislation that would have banned abortions at about six weeks of pregnancy, i.e., a time when many people do not even know they’re pregnant. He’s beloved by the antiabortion organization Susan B. Anthony Pro-Life America, which has given him an A+ rating. In 2015, he blamed school shootings on abortion, telling writer Irin Carmon, “When you break up the nuclear family, when you tell a generation of people that life has no value, no meaning, that it’s expendable, then you do wind up with school shooters.”

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In some real Handmaid’s Tale shit, he declared during a House hearing that if women were forced to have more children, a.k.a. “able-bodied” workers, there would be more funding for Social Security and Medicare:

On at least one occasion, he declared that doctors who perform abortions should be sentenced to “hard labor”:

Oh, and like many antiabortion zealots, Johnson doesn’t seem to like contraception either.

LGBTQ+ rights

Hoo boy, where to start? Here are some things that Johnson has said about LGBTQ+ people, same-sex marriage, and gay sex between consenting adults:

In his work as an attorney for the Alliance Defense Fund, Johnson also argued in court that same-sex couples should not receive domestic partnership benefits, and officially opposed the Supreme Court’s decision to decriminalize gay sex between consenting adults. In the Louisiana House of Representatives, he proposed a bill that critics say would have made it easier to discriminate against LGBTQ+ people. (In response, he claimed he was not a “bigot,” adding: “I know that I brought this bill for the right reason.”) Meanwhile, in Congress, he introduced a national bill seemingly modeled after Florida’s “Don’t Say Gay” law; voted against the 2022 bipartisan bill to codify gay marriage; and last year cosponsored a bill making it a crime to provide gender-affirming care to anyone under 18, despite the American Academy of Pediatrics backing such care.

“I would be hard-pressed to think of a worse member to be elected Speaker of the House,” Allen Morris, policy director for the National LGBTQ Task Force, told The 19th.

Separation of church and state

If you guessed that Johnson doesn’t believe in it, you guessed right. In April—as in, just a few months before he was elected Speaker—the congressman railed against what he referred to as the “so-called separation of church and state,” saying, “The founders wanted to protect the church from an encroaching state, not the other way around.”

In 2018, Johnson argued for prayer in public schools.

Evolution

In addition to blaming abortion for mass shootings, Johnson has also claimed that the teaching of evolution has played a part. In a 2016 sermon, he told the audience, “People say, ‘How can a young person go into their schoolhouse and open fire on their classmates?’ Because we’ve taught a whole generation—a couple generations now—of Americans, that there’s no right or wrong, that it’s about survival of the fittest, and [that] you evolve from the primordial slime. Why is that life of any sacred value? Because there’s nobody sacred to whom it’s owed. None of this should surprise us.”

In related news, a year prior, Johnson filed a lawsuit for an organization to receive tax subsidies to build a Noah’s Ark–focused theme park in Kentucky. “When the Ark Project sails, everybody will benefit,” he wrote in an op-ed, “even those who are stubbornly trying to sink it.” The Ark Encounter is operated by a fundamentalist Christian group that believes in creationism.

Climate

Where does Johnson, not exactly a man of science, land on global warming? Well, per The New York Times:

Representative Mike Johnson of Louisiana, the newly elected House Speaker, has questioned climate science, opposed clean energy, and received more campaign contributions from oil and gas companies than from any other industry last year. Even as other Republican lawmakers increasingly accept the overwhelming scientific consensus that human activity is dangerously heating the planet, the unanimous election of Mr. Johnson on Wednesday suggests that his views may not be out of step with the rest of his party.

A former constitutional lawyer, he does not sit on committees that decide the fate of major energy issues. But he has consistently voted against dozens of climate bills and amendments, opposing legislation that would require companies to disclose their risks from climate change and bills that would reduce leaks of methane, a potent greenhouse gas, from oil and gas wells. He has voted for measures that would cut funding to the Environmental Protection Agency.

In 2017, Johnson opined: “The climate is changing, but the question is, is it being caused by natural cycles over the span of the earth’s history? Or is it changing because we drive SUVs? I don’t believe in the latter. I don’t think that’s the primary driver.”

The 2020 election

By now you’ve likely heard that Johnson spent a significant amount of time and energy trying to overturn the 2020 election—an effort that included leading the amicus brief signed by more than 100 GOP lawmakers that asked the Supreme Court to overturn the 2020 election results in Georgia, Michigan, Wisconsin, and Pennsylvania. Johnson also objected to the certification of Biden’s win on January 6; his arguments for doing so were adopted by a significant number of Republicans, leading the Times to call him “the most important architect of the Electoral College objections.” One day prior, per Politico, he told colleagues, “This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” before pressing them to oppose the Electoral College results. Oh, and he was a Dominion truther:

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Where does Johnson stand on the 2020 election now? Before the floor vote, he refused to answer a reporter’s question about the matter, and after officially becoming Speaker, he did just the same:

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Not really the kind of endorsement you want these days

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Thank God the GOP is now free to get back to the important, not-at-all-made-up issues

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Elsewhere!

Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

NYT • Read More

North Carolina Republicans Approve House Map That Flips at Least Three Seats

NYT • Read More

Georgia’s congressional map violates Voting Rights Act, court finds

Politico • Read More

Donald Trump’s 2020 Cronies Appear to Be Ditching Him One by One

Vanity Fair • Read More

Democrats plot end run around Tuberville blockade of military promotions

The Washington Post • Read More

Blake Masters announces House bid in Arizona, forgoing another run for Senate

Politico • Read More

“Get the right cases to the Supreme Court”: inside Charles Koch’s network

The Guardian • Read More

CEO Morning Routines Are Bananas. So I Tried a Few.

WSJ • Read More

More Great Stories From Vanity Fair

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

Go on over to the Levin Report at the above link to get all the gory (perhaps an understatement) details on America’s Retrograde Speaker! 

MAGAMike often pretends as if the his interpretation of the Bible, not the Constitution or the Declaration of Independence, were our founding document. 

But, believe it or not, the founding fathers were actually “revolutionaries,” not “reactionaries,” who overthrew tradition to arrive at a different place. In the process they incorporated what in those days were some “enlightenment” ideals to replace “traditionalist” regressive principles like the “divine” right of kings and a purely hierarchical society where there was no escape from the status assigned at birth!

One can debate the exact religious beliefs of the founders. But, they certainly foresaw a non-static society, open to change, and tolerating more than one viewpoint. They weren’t theocrats, and they weren’t wedded to the view that society can’t change and evolve to adapt to new norms and practical realities.

One could read the teachings of Christ as promoting love, kindness, tolerance, forgiveness, perspective, and siding with society’s outcasts. MAGAMike and his zealots appear to have a quite different “take.” That’s their prerogative. But, they shouldn’t be allowed to impose their peculiar, wayward views on the rest of us.

Faced with his first national tragedy, and a chance to show some real guts, leadership, and humane, common-sense principles derived from Christianity, all the self-professed “Man of God” and “protector of the unborn” (but “rejector of the  born”) could muster was the same old trite “hearts and minds” garbage that flows from spineless GOP politicos. Compare MAGAMike with Rep. Jared Golden (D-ME) who apologized and changed his position to favor an assault weapons ban. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiJ35iN1puCAxVBk2oFHWs3CX8QvOMEKAB6BAgQEAE&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2023%2F10%2F26%2Fmaine-shooting-gun-control-laws%2F&usg=AOvVaw1NdJWXqX0pvd75g3dguKa_&opi=89978449.

Jesus would have valued assault weapons over human lives? Gimmie a break!

🇺🇸 Due Process Forever!

PWS

10-29-23

🏴‍☠️🤮 “CHRISTIAN” WHITE NATIONALIST MAGAMIKE TAKES GOP TO NEW LOWS — Greg Sargent @ WashPost

 

MAGA MikeMAGA Mike

By Bruce Plante

Republished under license

Greg writes:

https://www.washingtonpost.com/opinions/2023/10/27/mike-johnson-great-replacement-theory-house-speaker/

Rep. Mike Johnson, the newly elected House speaker, has repeatedly flirted with what’s known as the “great replacement theory,” the idea that Democrats are scheming to supplant American voters with immigrants. The Louisiana Republican’s views show how fringe conspiracy theories have gone mainstream in the Republican Party at the highest levels of power.

“This is the plan of our friends on this side — to turn all the illegals into voters,” Johnson said at a congressional hearing in May 2022, gesturing at Democrats. “That’s why the border’s open.”

The “open borders” trope is a lie, and while a few municipalities allow voting for noncitizens in local elections, in no sense do national Democrats have any such “plan” for “all the illegals.” As far as I can determine, no House speaker in recent memory has been quite as reckless and incendiary with this kind of language.

Johnson employs it regularly. He reiterated the claim in an interview this year with the right-wing outlet Newsmax, accusing President Biden of “intentionally” encouraging undocumented migration to “turn all these illegals into voters for their side.” On numerous other occasions, he has made similar charges, even declaring that Democrats’ express goal is the “destruction of our country at the expense of our own people.”

On immigration, as well as on abortion and gay rights, Johnson’s elevation is a triumph for the far right. It has been widely noted that Johnson doesn’t come across as a MAGA bomb-thrower, despite his extreme views. That’s true on immigration, too: He voices high-minded platitudes about how providing asylum to the persecuted is a noble ideal, but he’s a big booster of the wildly radical House GOP border bill that would functionally gut asylum entirely.

The pro-immigrant group America’s Voice, which tracks lawmakers’ positions on the issue, has not documented any comparable rhetoric in Johnson’s predecessor, Rep. Kevin McCarthy. “Johnson has gone farther than most of his Republican colleagues in elevating alarmist and dangerous rhetoric,” says Vanessa Cardenas, the group’s executive director.

Other predecessors, such as John A. Boehner and Paul D. Ryan, were supporters — nominally, at least — of reforms that would legalize large numbers of undocumented immigrants, though they ultimately failed to deliver. Not even Newt Gingrich, the most extreme House speaker of the modern era, went as far as Johnson, says Nicole Hemmer, author of a history of conservatism in the 1990s.

“Even at his most anti-immigrant, he spoke largely in fiscal and law-and-order terms,” Hemmer told me, while eschewing the “eliminationist rhetoric” at the core of great replacement theory.

Yet little by little, those more extreme ideas have penetrated GOP leadership circles. In 2021, Rep. Elise Stefanik (N.Y.), a top House Republican, charged Democrats with scheming to replace conservative voters with Democratic-leaning immigrants.

. . . .

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Read Greg’s full column at the link.

Bigot, racist, theocrat, misogynist, liar, election denier, anti-democracy zealot — “MagaMike” is the disgraceful embodiment of today’s extremist GOP. Just when we think that the GOP can’t sink any lower, they surprise us!

🇺🇸 Due Process Forever!

PWS

10-28-23

👦🏽⚒️ 🤯 THE U.S. HAS A BIG CHILD LABOR PROBLEM: Stephanie Canizales & Jen Podkul Have Solutions! — Hint: Deportations, Detentions, Separtions, Weakening Child Labor Laws, Border Militarization AREN’T Helping! — “Children’s futures are under threat in the U.S., and stalled immigration policy is a culprit.”☠️

 

Stephanie L. CanizalesAssistant Professor of Sociology U of Cal. - Merced PHOTO: UCM
Stephanie L. Canizales
Assistant Professor of Sociology
U of Cal. – Merced
PHOTO: UCM

Stephanie writes in the LA Times:

https://www.latimes.com/opinion/story/2023-10-26/immigration-policy-child-migrants-labor

. . . .

The stories of child migrant laborers are harrowing. They take on late-night, early-morning or 12-hour shifts that keep them out of school. They work on farms, at garment and food manufacturing factories as well as meat and processing plants, in construction and sawmills — often dangerous jobs with few protections.

Despite media portrayals of this system as a new economy, historian Ivón Padilla-Rodríguez has documented that the success of industries such as agriculture, manufacturing and construction in the Southwest relied on child labor as far back as the early 20th century. My dad arrived in Los Angeles from El Salvador as a 17-year-old in the 1970s. He immediately became a garment worker in denim factories across downtown Los Angeles and later installed carpet for a man who refused to pay him.

Los Angeles remains a center for this problem. My research studies the lives of undocumented young adults who arrived in the U.S. as unaccompanied minors from 2003 through 2013 and now live in L.A. I’ve spoken to children who have worked in garment factories that sew clothes for companies including Forever 21, J. Crew and Old Navy. Others worked in hotels such as the Ritz Carlton downtown or cleaned the homes of the rich and famous as live-in domestic workers.

Given my research focus, I often get asked what the government is doing about this child labor epidemic and what regular people can do about it. My response: It depends how far you want to go.

Perhaps counterintuitively to many Americans, part of the equation is paying attention to these youth before they cross our border by granting them what anthropologist Lauren Heidbrink and other scholars identify as “el derecho a no migrar” — the right not to migrate. 

Young people need alternatives to migration to make a living. That shouldn’t mean aiding foreign governments in deporting migrants, as the Biden administration recently pledged to aid Panama’s government. It should mean investing in community-based programming to integrate children into their home society, such as Colectivo Vida Digna in Guatemala, which aims to reduce youth migration by supporting Indigenous teens and their families in reclaiming Indigenous cultural practices and strengthening communities so they can build futures without leaving their home country.

Even with those programs, some children will migrate to the U.S. and need shielding from exploitation. That may sound uncontroversial in theory, but the current policy landscape shows little willingness to widen the social safety net in practice, even for children and youth.

Take, for example, that last month a federal judge ruled illegal, but declined to end, Deferred Action for Childhood Arrivals, a program implemented by executive order in 2012 that offers work authorization and a stay on deportation for undocumented youth brought to the U.S. as children. Courts have debated the policy for more than a decade, and with the Supreme Court expected to review the policy a third time, even these longtime U.S. residents — once touted by President Obama as “talented, driven, patriotic young people” — are left in limbo.

Then there’s the immigration program meant to provide vulnerable immigrant children a path to lawful residence and citizenship: the Special Immigrant Juvenile Status designation created in 1990. A recent report found that it has produced “avoidable delays, inconsistent denial rates, and a growing backlog” of petitioners, putting unaccompanied youth’s lives “on hold” and leaving them vulnerable to exploitation and abuse.

All the while, states across the U.S. are actively moving to weaken child labor laws for all children, immigrants or not.

Children’s futures are under threat in the U.S., and stalled immigration policy is a culprit. Protecting children and child workers requires moving forward on immigration. Failing to do so may haunt us for generations to come.

Stephanie L. Canizales is an assistant professor of sociology at UC Merced.

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

Jennifer Podkul
Jennifer Podkul
Vice President of Policy & Advocacy
Kids In Need of Defense (“KIND”)
PHOTO: Momsrising.com

Jen writes in WashPost:

https://www.washingtonpost.com/opinions/2023/10/26/legal-protection-children-exploitation/

October 26, 2023 at 1:58 p.m. ET

The figures in the Oct. 20 news article “Child labor violations soar in FY 2023” were staggering and all too familiar in my work with unaccompanied children, who are particularly vulnerable to exploitative labor conditions. Overnight shifts operating heavy machinery at slaughterhouses are not jobs or roles for any child.

To prevent this exploitation of unaccompanied children, we need to ensure existing laws are enforced, including child labor standards put forth by the Labor Department. Additionally, the Department of Health and Human Services should work toward ensuring every unaccompanied child is provided legal counsel as set out in the Fair Day in Court for Kids Act, recently introduced by Sen. Mazie Hirono (D-Hawaii).

As we’ve seen from experience, a lawyer can be one of the few trusted adults in the life of a child who is experiencing exploitation. Attorneys help unaccompanied children understand their rights against abuse and access a fair chance to make their case for U.S. protection, which can lead to the ability to apply for legal and safe employment. Most unaccompanied children do not have this elemental protection.

Jennifer Podkul, Washington

The writer is vice president of policy and advocacy for Kids in Need of Defense.

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

Read Stephanie’s full op-ed at the above link. Many thanks to both of these experts for speaking out on this tragic, solvable, yet widely ignored by the pols and the media, issue!

For what it’s worth, one enforcement measure that Nolan Rappaport and I have agreed upon and pushed in our respective commentary has been better enforcement of labor laws. See, e.g.,  https://immigrationcourtside.com/2018/06/06/nolans-latest-in-the-hill-undocumented-immigrants-shouldnt-replace-legal-ones/. Seems like it should be a “no-brainer first step” that doesn’t require major legislative changes. 

Another outspoken supporter of the right of all children not to be exploited is my friend Rep.Hillary Scholten (D-MI)! See, e.g., https://immigrationcourtside.com/2023/02/28/⚖️-tackling-the-problem-in-fiery-🔥-floor-speech-rep-hillary-scholten-d-mi-demands-action-against-migrant-child-labor-these-are-my-kids-re/.

🇺🇸 Due Process Forever!

PWS

10-27-23

 

🗽TIRED OF BORDER BS FROM NATIVIST POLS, MEDIA, & BUREAUCRATS? — Get The “Real Skinny” From The Experts, Yale-Loehr & Chishti on Nov. 7! — Zoom Option Available!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law
Muzaffar Chishti
Muzaffar Chishti
Senior Fellow
Migration Policy Institute
PHOTO: MPI

The Migrant Surge: What’s Different About It This Time?

Please join us on November 7, 2023, from 12:15 p.m. to 1:15 p.m. in Myron Taylor Hall G85 of Cornell Law School for a lunchtime seminar given by our guest Muzaffar Chishti and moderated by Stephen Yale-Loehr. 

Food will be provided during the event, so please RSVP at https://cornell.ca1.qualtrics.com/jfe/form/SV_bxQgGPjwGJmgu8K

Join Mr. Chishti and Professor Yale-Loehr as they discuss the history of recent migrant flows to the U.S. border, the current migrant surge at the border, the impact on cities and states beyond the border, and possible impacts on federal immigration policy.

Muzaffar Chishti is a Senior Fellow at the non-partisan Migration Policy Institute (MPI) and Director of MPI’s office at New York University School of Law. He received his LLM from Cornell Law School in 1975.

Steve Yale-Loehr teaches immigration and asylum law at Cornell Law School as Professor of Immigration Practice and is of counsel at Miller Mayer in Ithaca, New York. 

Can’t make it to our event in-person? You can attend virtually!

We are also livestreaming the event, so you can sign up to attend via Zoom at this link: https://cornell.zoom.us/webinar/register/WN_RwEvxopRTWOfcootUY5-qA

Please feel free to distribute the link to anyone you feel would be interested in the seminar. All are welcome!

This event is co-sponsored by the Cornell Migrations Initiative.  

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Sorry, “zoomers,” but you will have to provide your own food!☹️

“Open borders” is a dangerous myth pushed by GOP nativist pols and “closet nativist” Dems. In fact, the border has never been more fortified, inhospitable, and deadly than it is now. See, e.g., https://www.axios.com/2023/10/17/us-mexico-border-open-borders-myth. Border deaths are up. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj2_OP3opGCAxXjElkFHQjFDUUQFnoECBMQAw&url=https://www.voanews.com/a/iom-us-mexico-border-the-deadliest-land-crossing-in-the-world-/7297145.html#:~:text=Fatalities%20double%20in%20fiscal%202023,with%2071%20in%20fiscal%202022.&usg=AOvVaw1VipHkDxFBrakZDiwTcyB9&opi=89978449.

The Title 42 farce instituted by Trump, under false pretenses, to unjustly suspend asylum laws has expired. But, the Biden Administration has come up with its own scofflaw regulations and policies intended to “meter” the flow of legal asylum seekers at ports of entry and to improperly “punish” those who exercise their legal rights by entering and turning themselves in to CBP. Biden’s BIA continues to churn out unrealistic hyper-technical asylum precedents (that actually fly in the face of precedents like Cardoza-Fonseca and Mogharrabi) and wrong, anti-asylum decisions intended to “deter and discourage” asylum seekers from applying and to make it unnecessarily difficult, frustrating, and time consuming for pro bono lawyers to represent them!

Yet, desperate forced migrants continue to come. That’s hardly “rocket science” given that the world is experiencing record forced migration from various causes. See https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf. 

Contrary to the nativist myths, the U.S. does NOT bear the brunt of increased forced migration! Even in the Western Hemisphere, Colombia has many times more displaced Venezuelans than the U.S. Indeed, the U.S. experience, no matter how much it’s hyped or distorted by nativists and shallow media alarmists, is only a relatively modest slice of the pie. Over three quarters of the world’s forced migrants end up in low and middle income countries outside the U.S. https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf. Yet, you would never know that from listening to the apocalyptic narrative of GOP nativists and their Dem “fellow travelers!”

Years of cruelty, dehumanization, fortification, imprisonment, prosecution, endangerment, harsh laws, family separations, racist rhetoric, illegal turn backs, and summary deportations of asylum seekers in the U.S. and at the border have demonstrably, and quite predictably, failed to stop or materially deter forced migration stemming from causes outside of U.S. legal policies. Yet, most of our “dialogue” about the U.S. border and immigration start with the bogus assumption that closing the border and unilaterally suspending due process and domestic and international legal obligations will effectively create “Fortress America” where no migrant will dare to tread!

A real discussion of the border and migration must reject nativist myths, racist tropes, and media alarmism by starting with the truth. That is:

  • Human migration is a real and inevitable worldwide phenominon;
  • No one nation-state can unilaterally stop or prevent human migration;
  • Because of climate change and political instability in the world, forced migration is likely to increase in the foreseeable future;
  • Seeking asylum is a basic legal and human right;
  • The U.S. will have to accept more migrants, whether legally (preferable)  or extralegally (the alternative).

Only by “ditching” and getting beyond nativist myths can we develop solutions that will deal realistically and humanely with human migration. I’m hoping that these two knowledgeable migration and legal experts can get us beyond the myths and to a discussion of practical, achievable actions!

🇺🇸 Due Process Forever!

PWS

10-25-23

🤯 EOIR WANTS YOUR HELP TO “CTA!” — After Unilaterally Foisting “Dedicated Dockets” On Public & Watching Them (Predictably) Fail, EOIR Now Seeks YOUR Help In Making Them Due Process Compliant! — YOUR Chance To Tell EOIR What YOU Think on THURSDAY, OCT. 26!  — Check Out My “Four Point Plan” For Reducing EOIR Backlog While Promoting Due Process (The “Long-Ignored Sole Mission of EOIR”)!⚖️🗽😎

Tower of Babel
EOIR HQ, Falls Church, VA (a/k/a “The Tower of Babel”) — EOIR and their DOJ handlers imposed designed-to-fail “dedicated dockets” on the public over the objections of advocates. Now they need the same experts they “blew off” to help them save their “due-process-denying rocket dockets!”
By Pieter Bruegel The Elder
Public Domain

https://www.justice.gov/d9/2023-10/invite_lswg_national_stakeholder_mtg_for_dd_courts_10172023.pdf

 INVITATION

U.S. Department of Justice

Executive Office for Immigration Review

5107 Leesburg Pike

Falls Church, Virginia 22041

Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov

www.justice.gov/eoir @DOJ_EOIR

Oct. 17, 2023

     EOIR to Host National Stakeholder Meeting Seeking to Increase

Pro Bono Representation for Immigration Courts with Dedicated Dockets

SUMMARY: The Executive Office for Immigration Review (EOIR) invites immigration law school clinical communities and pro bono organizations to attend a national stakeholder meeting for an open discussion on how to increase pro bono representation in immigration courts with Dedicated Dockets.

 

At this meeting, EOIR seeks input and recommendations on how the agency can better encourage and facilitate pro bono advocacy, either in person or remotely, at the following immigration courts with established Dedicated Dockets: Boston, Denver, Detroit, El Paso, Los Angeles – N. Los Angeles Street, Miami, New York – Broadway, New York – Varick, Newark, San Diego, San Francisco, and Seattle. See EOIR’s Policy Memorandum 21-23 for more details on this initiative.

EOIR continues to work to increase the representation rate and the number of practitioners available to represent noncitizens in immigration proceedings. Practitioners who volunteer their time to help those unable to afford counsel are a critical part of that effort.

Please join us for a targeted discussion with the goal of strengthening pro bono representation for the Dedicated Dockets. 

 DATE: TIME: LOCATION:

Oct. 26, 2023  

1 p.m. – 2 p.m. Eastern Time  

Live via Webex – Meeting Registration

  

All media inquiries should be directed to pao.eoir@usdoj.gov.

— EOIR —

 Communications and Legislative Affairs Division

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

Studies show that EOIR’s “rocket dockets” (a/k/a “dedicated dockets”) have led to massive due process violations and illegal removals, many based on totally bogus “in absentia” hearings, exactly as experts and advocates had predicted, only to be arrogantly “blown off” by the “powers that be” at DOJ and EOIR. See, e.g., https://immigrationcourtside.com/2022/05/26/☠%EF%B8%8F👎🏽dems-catastrophic-due-process-failure-as-predicted-garlands-dedicated-dockets-are-asylum-free-zones/.

In reality, these ill-conceived and poorly-planned dockets have been “dedicated” to maximizing denials, minimizing due process, impeding effective representation, and developing an unfriendly atmosphere that will discourage asylum seekers from fully exercising their legal rights.

Some DOJ politicos and EOIR bureaucrats must belatedly be worrying about their “legacy,” future employability, or eventually being held accountable for plotting to deny due process to thousands of the most vulnerable humans! As usual, the immigration bureaucracy creates unnecessary problems, then leaves it to the NGO/advocacy community to bail them out! 

It’s a deadly, counterproductive, wasteful, frustrating “downward cycle” that needs to stop! Why not “cut out the nonsense” by putting in charge those with the comprehensive knowledge, creative ideas, advanced skills, moral courage, and realistic foresight to solve these problems BEFORE they become self-created “crises?” Those needed leaders and judges are primarily OUTSIDE the USG right now. They need to be brought on board to solve the problems that are demonstrably beyond the ability, will, and skill set of the current immigration bureaucracy at DOJ and DHS!

Here’s my solution: 

  1. Replace EOIR senior managers with qualified experts who will work with the private bar and DHS, in ADVANCE, to schedule cases in a rational, efficient, manner that will comply with due process, fundamental fairness, and avoid “Aimless Docket Reshuffling” (“ADR”) — the bane of those practicing before EOIR and major driver of backlogs. (It’s also a significant deterrent to pro bono representation.) See, e.g.,.https://immigrationcourtside.com/2023/10/08/🤯-jason-the-asylumist-dzubow-explores-the-incredible-exploding-asylum-backlog-predictably-eoirs-aimless-docket-reshuffling/. It’s NOT rocket science!🚀
  2. Only those Immigration Judges granting at or above the (already substantially suppressed) national average should be allowed to hear asylum cases.
  3. Reassign those BIA Appellate Judges who are not recognized asylum experts, and replace them with qualified asylum experts committed to providing and enforcing some positive guidance and best practices for asylum adjudication. 
  4. Identify and promptly grant the hundreds of thousands of meritorious asylum cases now moldering in the EOIR backlog (many victims of EOIR’s ADR) so that these refugees can get on with their lives and contribute fully to American society and our economy.

Dems have the power to reform EOIR — a huge “Federal Court system” that they exclusively control! Why are they afraid to use that power “to promote justice and resist evil?”

In the meantime, please take advantage of this chance to “enlighten” EOIR bureaucrats about what it’s really like to attempt to provide pro bono representation on “dedicated dockets” while dealing with their ADR on already-prepared cases that could and should have been granted long ago. Hopefully, some members of the  media will also tune in to get a dose of the challenges of trying to fight for justice in America’s worst and least-user-friendly “courts!”

🇺🇸 Due Process Forever!

PWS

10-19-23

☠️🤯 WALLS: EXPENSIVE, DEADLY, INEFFECTIVE “TOOLS!”  — Why Does America Keep Building Them? — “Political Pathology” — New Rubric For Doctors Treating Border Injuries From Failed Deterrence! — “I feel like Americans have very little context for what’s going on in [Venezuela] and how desperate things are there.”

“Border Wall Breach Collage” Assembled by Cato Institute “Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!”
“Border Wall Breach Collage”
Assembled by Cato Institute
“Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!”

Nick Miroff in WashPost:

Nick Miroff
Nick Miroff
Reporter, Washington Post

https://www.washingtonpost.com/immigration/2023/10/12/border-wall-biden-trump-policies/

. . . .

The fact remains that the U.S. government spent a lot of money to build new barriers to keep migrants out and did not get the result it wanted.

. . . .

Trump used a lot of hyperbole to promote his pet project and was prone to describe the barrier as the personification of his presidency. He took a keen interest in its aesthetic appearance and design features, often urging aides to make it look as imposing as possible. He told supporters his wall would be “impenetrable.” He also said Mexico would pay for it (Mexico did not).

U.S. Customs and Border Protection officials didn’t make such claims and weren’t surprised when criminal smuggling organizations in Mexico began sawing through the steel bars — using ordinary power tools — almost immediately.

The border wall has been hacked through thousands of times since then, so often that the government has had to deploy welding crews full-time to shore up the structural integrity of the barrier. Smugglers have figured out a cheaper and even easier way to defeat it, fashioning cheap, disposable ladders out of scrap wood or metal rebar. They send migrants and drug couriers up and over the top, then use ropes to lower them down the other side. Experienced fence-jumpers have developed a technique using the steel bars like fire poles, sliding down onto the U.S. side in seconds.

. . . .

Dozens of migrants have been killed and hospitalized after falling from the structure, often with horrific spinal trauma and broken legs. Immigrant advocates also say the barriers force migrants toward more remote desert areas, contributing to more deaths from heat stroke and exposure. CBP reported 568 migrant deaths along the border during the 2021 fiscal year, the most recent for which data is available — nearly twice the amount of the previous year.

The border wall has a devastating toll on animals too, advocates say. The steel bars have essentially cut in half the habitat of animal species, in some cases cutting off their access to water and grazing areas. Trail cameras set up by researchers have shown pumas, bobcats and other large mammals blocked and searching fruitlessly for some way to get through.

The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:

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

https://open.substack.com/pub/theborderchronicle/p/on-political-pathologies-and-practicing?r=330z7&utm_medium=ios&utm_campaign=post

Dr. Brian Elmore is an emergency-medicine resident physician in El Paso, Texas. He’s also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute. Elmore frequently treats patients who have been injured by razor wire or fallen from the border wall that divides El Paso and Ciudad Juárez. He’s coined a term for these injuries: political pathologies. “These are normally healthy people, most of them young, who have been injured because of political decisions made thousands of miles away,” he says. “These are the political repercussions of the border.”

. . . .

That’s interesting that you use this term political pathologies. Is that a term you coined yourself?

It’s what I’ve started calling these injuries that otherwise healthy folks are receiving. These are mostly young people in their 20s, 30s, and sometimes kids, who out of sheer desperation decided to climb the wall or cross the river or desert. Other than for decisions that politicians made thousands of miles away to fortify the border, and make it as dangerous to cross as possible, they wouldn’t have these injuries. It’s really tragic.

. . . .

I’ve treated quite a few border wall falls. I’ve become used to this. But last week, I had a child who came in with multiple lacerations from barbed wire. She came in with her family, and they were all cut up from barbed wire. It’s jarring to see this, especially when it’s a kid, who’s innocent and has no idea what’s going on.

I started talking to the dad, and he told me they were from Venezuela. He said they’d heard a rumor in Ciudad Juárez that officials were letting Venezuelans cross outside of ports of entry. So a huge crowd showed up to present themselves to U.S. border officials [and ask for asylum]. Everyone became frustrated and irritated when they discovered that it wasn’t true.

And this family were pressed up against the barbed wire by the crowd, and they couldn’t go back. The only way for them to move was forward. So they started crawling under the barbed wire. This is the mother, father, the child, who is about 10, and an infant.

So, I’m stitching them up, making small talk because sewing up lacerations takes time and you’re face-to-face, and I’m talking to the dad and he lifts his shirt, and I see that he has a thoracotomy scar. When you perform a thoracotomy, it’s a last-ditch Hail Mary effort to save somebody’s life. The majority die after a thoracotomy. It’s when you crack open a chest because there’s either aortic bleeding or a penetrating injury to the heart. He told me he’d been stabbed and robbed in Caracas. And it was stunning to see his scar and to know that he’d survived. And the thing is, this is the second thoracotomy scar I’ve seen on a Venezuelan patient I’ve treated. This really reinforced for me the constant levels of violence people are facing. I feel like Americans have very little context for what’s going on in that country and how desperate things are there.

. . . .

There’s a very characteristic injury. It’s called a pilon fracture. It’s a lower-extremity kind of ankle fracture, very debilitating. And it’s often associated with a lumbar spinal fracture. Sometimes the bone has broken through the flesh and may require surgery. A lot of times they’ll be fitted with a device that keeps the bone in place while the swelling goes down, so they can get surgery. They’re then discharged to a migrant shelter in town while they wait for surgery.

. . . .

You see on the news, all these headlines, “migration crisis” and “invasion.” And that’s not what people in El Paso are experiencing or how they’re responding to it. They’re responding to the humanitarian crisis with compassion. You see people at shelters volunteering their time, offering to cook, and giving donations. I think the people of El Paso are amazing in the way they’ve responded. As opposed to how the rest of the country is just totally freaking out. I think El Paso is the most inspiring place to be and to practice.

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

You can read the full articles (and listen to Nick’s) at the above links.

Just think what could happen if we stopped “doubling down on failure,” eschewed dehumanizing treatment of asylum seekers, and devoted some of the time, money, and effort we spend on dehumanization, militarization, and deterrence to building better systems for fairly and timely screening, identifying, and resettling refugees. 

🇺🇸 Due Process Forever!

PWS

10-18-23

🤯ABSURDIST HEADLINE OF THE DAY — “SOME REPUBLICANS LOSE FAITH IN JIM JORDAN” — Apparently being “architect of a nationwide abortion ban, a vocal election denier, and an insurrection insider” (per Rep. Pete Aguillar (D-California) in NY Daily News) wasn’t enough to get dangerous, anti-democracy right wing zany over the finish line — yet! More threats and “enhanced arm-twisting” (a/k/a “arm breaking”) in line for Ohio’s notorious “political terrorist?”

“EvilClown”
“Does this guy inspire confidence in you?”
“Evil Clown”
By Tom Woodward
Creative Commons License

From AP:

Some Republicans Lose Faith In Jim Jordan

Republicans are starting to lose faith in Jordan, several of them told reporters after the Ohio congressman failed to muster enough support during the first round of voting.

Rep. Carlos Gimenez (Fla.), who voted against him, called Jordan’s chances “shaky,” while Rep. Michael McCaul (Texas), who voted for Jordan, said he does not “see how he can recover” with so many defectors on the first round of voting.

Jordan’s supporters also told Fox Newsthat they’re losing confidence in him. “I’m afraid there will be more votes against him,” an unnamed senior Republican told the network.

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

At least for the moment, the far right/Fox News threats and high pressure campaign appears to have backfired. But, the process isn’t over. And, that 200 Republicans voted for this spectacularly unqualified candidate for Speaker is bad for America.

As well-stated by Vanity Fair’s Molly Jong-Fast:

It’s been reality-TV central lately in the halls of Congress—wacky stunts, wild rants, and a mystery baby. But like the prospect of Speaker Jim Jordan, the party’s antics are hardly entertaining.

https://link.vanityfair.com/view/5bd67c363f92a41245df49ebjoaw2.4jj/61bc881e

In the end, as Molly says, the GOP’s clown show is 🤡 no laughing matter for America and the process of responsible government.

🇺🇸 Due Process Forever!

PWS

10-17-23

🤯 ADMINISTRATIONS CHANGE, BUT BORDER MILITARIZATION CONTINUES UNABATED — Big Profits, Few Durable Results Except More Migrant Deaths! — “Perhaps a way forward might come from the people who populate the borderlands themselves, from those who constantly cross the border, who move from one side of the line to the other, the ones who see and feel firsthand what is happening.”

Todd Miller
Todd MIller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

Todd Miller in The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-machine-biden?r=1se78m&utm_medium=ios&utm_campaign=post

When Joe Biden took office in 2021, he had promised not to build “one more foot” of border wall. This promise seems to have been put to rest last week with the waiving of 26 laws that protect land and people to build a wall through Starr County, Texas, along the Rio Grande. Reactions ranged from disappointment to feelings of betrayal, especially among people who had opposed Trump’s border wall obsession. But in reality, the Biden administration has been quietly constructing and maintaining the border wall system since he took office.

In other words, it is time to set aside tired partisan narratives. Whether it is the Trump regime’s racist overtures to pump up a “big, beautiful border wall” or the Democrats’ calls for a humane yet orderly border, the result has been the same: rising border budgets year after year, increasing fortification, more physical and virtual walls, and more detention centers and deportations. The CBP and ICE budgets in 2023 have yet again eclipsed the highest previous amount, and they now include a record number of contracts to private industry (more on that below).

The border can’t be reduced to just partisan politics. This is not to say that partisan politics don’t matter, and certainly disinformation about the border is real. But the border also supersedes these narratives. It is a machine that is beholden to no political party, a point that becomes more important as we head into an election year.

If the border is a machine, then we have to look under its hood, inspect its motor, and understand how it functions. First, in the parlance of Customs and Border Protection, it is not a border wall but a border wall system. The system’s components include the physical barrier, but this is but one “layer” (the term that Border Patrol uses in its strategic plan). The system also includes surveillance technology—both on and away from the border—and armed agents from the U.S. Border Patrol, CBP’s Office of Field Operations, Immigration and Customs Enforcement, and local police (state, county, city, and tribal) that work with (and receive financing for their border enforcement duties from) DHS. In the border wall system, technology does not offer a “humane” alternative to the physical wall; it works in tandem with it. Thus, the so-called smart wall.

Before we get to the smart wall, let’s contemplate a few things about the physical wall—since it has been such a source of ire and adulation. The one burning question I have is why, if the Democrats were dead set against the wall during Trump’s administration, didn’t they order it removed when they took over in 2021? I’m talking about the wall that Trump built during his tenure, not the 650 miles or so that was constructed under the 2006 Secure Fence Act, which Biden himself voted for when he was a senator. Taking down Trump’s wall construction, however, was never mentioned and didn’t seem within the realm of the possible. In the end, even though Biden ordered a “pause” on wall construction when he took office, CBP announced in September 2022 that it would fill in the “gaps.” In other words, the Biden administration was not going to tear down the Trump wall; in the weirdest and quietest way, it was going to finish it.

. . . . 

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

Read the complete article at the link. Years of failed “deterrence” produce higher budgets and demands for more and more costly “deterrence gimmicks” — from both sides of the aisle. No wonder it’s profitable! No accountability! Each inevitable failure is treated as a justification for even more of what doesn’t work. Each increase in deportations and draconian denial of human rights is met with disingenuous claims of “open borders.” Interesting “business model!” 

🇺🇸 Due Process Forever!

PWS

10-14-23

🏴‍☠️🤮 SURPRISE: NIHILISTS CAN’T GOVERN — INCOMPETENT, UNINTERESTED — With Wars Raging, GOP Clown Show On Full Display, As Scalise Withdraws!🤡

Clown Car
“GOP House Conference en route to Capitol.”
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

 https://www.nytimes.com/2023/10/12/us/politics/scalise-jordan-house-speaker.html

By Luke Broadwater

Reporting from the Capitol

Oct. 12, 2023

Updated 8:57 p.m. ET

Representative Steve Scalise of Louisiana withdrew on Thursday from consideration for the speakership he was on the cusp of claiming after hard-line Republicans balked at rallying around their party’s chosen candidate, leaving the House leaderless and the G.O.P. in chaos.

After being narrowly nominated for speaker during a Wednesday closed-door secret-ballot contest among House Republicans, Mr. Scalise, their No. 2 leader, found himself far from the 217 votes needed to be elected on the House floor. Many supporters of his challenger, Representative Jim Jordan of Ohio, the right-wing Republican endorsed by former President Donald J. Trump, refused to switch their allegiance.

With no clear end in sight to the G.O.P. infighting that has left one chamber of Congress paralyzed at a time of challenges at home and abroad, Mr. Scalise said he would step aside in hopes that someone else could unite the fractious party.

“I just shared with my colleagues that I was withdrawing my name as a candidate for speaker-designee,” Mr. Scalise said. “If you look at where our conference is, there’s still work to be done. Our conference still has to come together, and it’s not there. There are still some people that have their own agendas.”

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

With two wars involving our allies raging and the USG on track to run out of funding in a month, the GOP focuses on what’s important to them: THEMSELVES!

The GOP is a national disgrace and an international menace! They have brought the same disorder, callous disregard for the common good, and wacko, selfish, far right minority agenda to national politics that they have to the states they misgovern.

The GOP also also threatens America’s standing and influence on the world stage. The only thing standing between us and disaster is President Biden’s determination to lead and govern despite the GOP’s disgraceful chaos and betrayal of the common good!

And remember, it’s not like Scalise, who has coddled White Supremacists — once comparing himself to Klanster David Duke — and is a lifetime shill for a divisive far/right extremist agenda, was qualified to be Speaker. He was, at best, “slightly less unqualified” than insurrectionist election denier and Trump toady Jim Jordan!

As for Trump, his incoherent, hateful, anti-democracy rantings and unhinged ravings shows why the GOP he controls is an existential problem for American democracy. See, e.g.https://www.washingtonpost.com/opinions/2023/10/12/hamas-israel-biden-trump/

Just vote ‘em out, vote ‘em out!

🇺🇸 Due Process Forever!

PWS

10-13-23

🤯 JASON “THE ASYLUMIST” DZUBOW EXPLORES THE “INCREDIBLE EXPLODING ASYLUM BACKLOG!” — Predictably, EOIR’s “Aimless Docket Reshuffling on Steroids” Remains a Significant “Driver” of Unnecessary Backlogs!

 

Jason Dzubow
Jason Dzubow
The Asylumist

https://www.asylumist.com/2023/10/04/the-incredible-exploding-backlog/

Jason writes:

. . . .

In Immigration Court, the number one “internal” problem has probably been aimless docket reshuffling, where cases are repeatedly re-arranged depending on the priorities of different administrations. Other problems include inefficient Master Calendar Hearings and pre-trial conferences, insufficient guidance from the Board of Immigration Appeals, which leads to inconsistent decision-making, and not enough staff members to support the Immigration Judges. In addition, there is a shortage of DHS attorneys (the prosecutors), and those attorneys have insufficient power (or willingness) to resolve cases or narrow contested issues prior to the final hearing.

What does all this mean for asylum seekers? In court, cases are still being heard, though I expect that delays will increase and more cases will be rescheduled. We can also expect that more non-priority cases (i.e., people who do not have criminal or security issues) will be dismissed based on prosecutorial discretion. At the Asylum Office, nothing seems to be moving. You can try to expedite your case and if that fails, file a writ of mandamus to force the agency to adjudicate your application. Otherwise, I would not expect any progress any time soon.

Finally, we might as well end on a positive note. Having recognized that most asylum applicants will be stuck waiting for years and years, the government has recently increased the validity period of asylum-pending work permits from two years to five years. For asylum applicants, this change will save money and reduce stress, and for USCIS, it will reduce their workload and allow them to focus on other applications. I guess the lesson here is that every cloud has a silver lining–even a mushroom cloud.

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

Read Jason’s full analysis at the link.

As Jason acknowledges, some of the drivers are “world events” over which — contrary to GOP and other nativist blather, often fanned by the so-called “mainstream media” — receiving countries like the U.S. have relatively little effective control. This is particularly true in the short run. 

We’ve notoriously tried “taking over” countries in conflict. It never works! Moreover, it can eventually create additional refugee situations rather than resolving them. See, e.g., Afghanistan.

Nor are border barriers, razor wire, dungeons, arbitrary deportations, stripping asylum rights, xenophobic rhetoric, criminal prosecutions, killing some migrants by forcing ever more dangerous crossings, and a host of other unilateral measures pushed primarily by the GOP (but also by some Dems) going to change the actions of Maduro, Ortega, Putin, Diaz-Canel or any of the other authoritarian autocrats whose policies drive folks to flee their native lands and seek refuge abroad.

So, rather than wringing hands about what we can’t change, why not change that which is under our control? Long overdue, common-sense reforms and improvements in asylum adjudication, reception, and resettlement, some mentioned by Jason, could be achieved. 

They won’t necessarily halt the flow of refugees, nor are they guaranteed to eliminate backlogs, particularly in the short run. But, they will reduce the backlogs, contribute mightily to a better U.S. legal system, and comply with our international and domestic legal obligations. That, in and of itself, appears to be a worthy and achievable goal. But, nobody in charge seems to be interested in anything but “quick fixes” — which aren’t really “fixes” at all, since they have all been tried and failed.

🇺🇸 Due Process Forever!

PWS

10-08-23

🤮 AMERICAN ASYLUM POLICY: GOP POLITICOS PANDER, ADMINISTRATION BUILDS WALLS, DEMS PREPARE TO THROW ASYLUM SEEKERS UNDER THE BUS (AGAIN) — What Happens To Those Waiting To Use “CBP One” At The Border? — They Get Raped & Extorted!   — “It’s the saddest, most horrible thing that can happen to a person!”

""Rape of the Sabine Women"
“Rape of the Sabine Women”
Peter Paul Rubens
Circa 1635
Public Domain

From Reuters:

https://www.voanews.com/a/migrants-being-raped-at-mexico-border-as-they-await-entry-to-us-/7291239.html

REYNOSA, MEXICO —

When Carolina’s captors arrived at dawn to pull her out of the stash house in the Mexican border city of Reynosa in late May, she thought they were going to force her to call her family in Venezuela again to beg them to pay $2,000 ransom.

Instead, one of the men shoved her onto a broken-down bus parked outside and raped her, she told Reuters. “It’s the saddest, most horrible thing that can happen to a person,” Carolina said.

A migrant advocate who assisted Carolina after the kidnapping, who spoke to Reuters on condition of anonymity due to security concerns, confirmed all the details of her account.

The attack came amid an increase in sexual violence against migrants in the border cities of Reynosa and Matamoros, both major transit routes for immigrants seeking to enter the U.S., according to data from the Mexican government and humanitarian groups, as well as interviews with eight sexual assault survivors and more than a dozen local aid workers.

“The inhumane way smugglers abuse, extort, and perpetrate violence against migrants for profit is criminal and morally reprehensible,” U.S. Department of Homeland Security (DHS) spokesperson Luis Miranda said in response to questions about the rise in reported rapes.

Criminal investigations into the rape of foreign nationals, excluding Americans, were the highest on record in the two cities this year, according to state data from 2014 to 2023 obtained by Reuters through freedom of information requests.

The U.S. State Department considers Tamaulipas, where the two cities are located, to be the most dangerous state along the U.S.-Mexico border.

. . . .

A Venezuelan migrant said he was kidnapped in May in Reynosa by a cartel while traveling to the border for his confirmed CBP One appointment. He couldn’t raise the full $800 ransom, so he was forced to work for two months to pay off the remaining $200, he said.

Two other migrants who said they were held at the house during the same time period confirmed the man was forced to work against his will, and that they heard female migrants being raped.

On the nights the Venezuelan man was tasked with standing guard over the other migrants, he said he watched the cartel members ask the man in charge of the house for permission to rape the women of their choosing.

He said the answer was always the same: “Take her.”

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

Read the full article at the link.

Walls, detention, eliminating the right to asylum aren’t going to solve this. But, solving it doesn’t  seem to be the objective. Blaming the victims is a lot easier than treating them as human beings. 

As my friend Debi Sanders (who alerted me to this report) said: “Terrifying!” Yup! 🤯🏴‍☠️

How disingenuous is the Biden Administration’s latest attempt to “get tough” at the border with more proven to fail deterrence?  Well, just this week, DHS announced plans to deport more individuals to Venezuela. https://www.reuters.com/world/us/us-restarting-direct-deportations-venezuela-senior-official-2023-10-05/

Yet, just a few days earlier, in deciding to extend TPS to nearly a half million Venezuelans in the US, that same DHS found:

Overview

Venezuela continues to face a severe humanitarian emergency due to a political and economic crisis, as well as human rights violations and abuses and high levels of crime and violence, that impacts access to food, medicine, healthcare, water, electricity, and fuel, and has led to high levels of poverty. Additionally, Venezuela has recently experienced heavy rainfall in the spring and summer of 2023 which triggered flooding and landslides. Given the current conditions in Venezuela, these issues contribute to the country’s existing challenges.

Venezuela is experiencing “an unprecedented political, economic, and humanitarian crisis.” [5] “Venezuela is suffering one of the worst humanitarian crises in the history of the Western Hemisphere,” which has been characterized by “[h]igh levels of poverty, food insecurity, malnutrition, and infant mortality, together with frequent electricity outages and the collapse of health infrastructure.” [6] Though there were some positive developments in Venezuela in 2022 “as the economy stabilized and showed signs of economic growth,” the effects of these changes were not felt across the Venezuelan population and did not offset the impact of the large-scale economic contraction which resulted in significant humanitarian challenges that continue today and will take time to address.[7]

Political Repression and Human Rights

The Maduro regime has closed off channels for political dissent, restricting enjoyment of civil liberties and “prosecuting perceived opponents without regard for due process.” [8] The UN Human Rights Council’s Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (IIFFM) found in its September 2022 report, “Venezuela’s military and civilian intelligence agencies function as well-coordinated and effective structures in the implementation of a plan” to “repress dissent.” [9]

Crime and Insecurity

Venezuela has one of the highest rates of violent deaths in the world.[10] Additionally, “Venezuelans face physical insecurity and violence from several sources, including irregular armed groups, security forces, and organized gangs.” [11] Corruption in Venezuela exacerbates insecurity. InSight Crime has reported that “criminal groups and corrupt state actors together form a hybrid state that combines governance with criminality, and where illegal armed groups act at the service of the state, while criminal networks form within it.” [12] Human trafficking remains a serious concern. Traffickers exploit and subject Venezuelans, including those fleeing the country, to egregious forms of exploitation, including sex trafficking and forced labor.[13] Members of non-state armed groups that operate in the country with impunity, subject Venezuelans to forced labor and forced criminality, and recruit or use child soldiers.[14]

Economic Collapse

Since 2014, Venezuela has suffered from an “economic recession marked by hyperinflation, shortages of basic goods and a collapse in public services such as electricity and water.” [15] Recently, Venezuela’s economy has shown some signs of recovery; however, it is still in a precarious condition.[16] In a report covering the period from May 2022 through April 2023, the Office of the High Commissioner for Human Rights (OHCHR) noted that while economic growth which occurred in 2022 “would bring hope for improved economic prospects, persistent challenges and other factors continued to negatively affect essential public services, transport, education, and health.” [17]

In its annual report covering 2022, the Inter-American Commission on Human Rights (IACHR) noted “the high rates of poverty and inequality in the country, in which there are estimates that more than 90% of the population lives in poverty.” [18] The same report stated that “as of March 2022, HumVenezuela estimated that 94.5% of the population would not have sufficient income to cover items such as food, housing, health, education, transportation and clothing.” [19]

Health Crisis

Various sources have referred to severe problems with health systems in Venezuela, including the IACHR, Human Rights Watch, and the Congressional Research Service (CRS).[20] Per The Associated Press, Venezuela’s “health care system crumbled long before” the start of the COVID–19 pandemic.[21] Likewise, in its 2022 annual report, the IACHR acknowledged that while the COVID–19 pandemic “has had significant impacts on the health sector and the population, the serious affectations of the system preceded the health emergency.” [22] Elaborating on this topic, the IACHR identified “shortages of medicines, supplies, materials and medical treatment” as of 2018, and that the “situation has been worsening since 2014, and it is important to highlight that the health system has reportedly collapsed due to its persistent precariousness, which would have been exacerbated by the pandemic.” [23]

According to OHCHR, health centers in Venezuela “report structural underfunding and understaffing resulting in for example, regular blackouts and water shortages.” [24] In its report on the humanitarian situation in Venezuela in 2022, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) noted that “[h]ealth services continue to be affected by insufficient water and sanitation conditions and the lack of electricity supply in facilities.” [25] Similarly, Human Rights Watch stated in its annual report covering 2022 that “[p]ower and water outages at healthcare centers—and emigration of healthcare workers—were further weakening operational capacity.” [26] Furthermore, the IACHR has reported that “98% of the hospitals in the country lack medicines, electrical plants and water, as well as failures in laboratories, reagents and wards. As a result, it is estimated that only between 3 and 10% of the hospitals have medical and surgical material to solve medical circumstances.” [27]

Food Insecurity

In a humanitarian response plan published in 2023, the Food and Agriculture Organization of the United Nations (FAO) identified food insecurity as “the most pressing challenge for the population.” [28] Human Rights Watch stated in its annual report covering 2022 that HumVenezuela reported in March 2022 that “most Venezuelans face difficulties in accessing food, with 10.9 million undernourished or chronically hungry. Some 4.3 million are deprived of food, sometimes going days without eating.” [29] Moreover, the IACHR noted in its 2022 annual report that “32% of children live in a situation of chronic malnutrition.” [30]

Heavy Rains and Flooding

Since May 26, 2023, as hurricane season began, Venezuela has experienced heavy rains which resulted in flooding that affected several areas of the country.[31] According to ACAPS, “Between June and July there have been 19 tropical waves, that have brought heavy rains, floods and landslides across the country.” [32] As of July 11, 2023, the meteorological situation in Venezuela indicated “that rainfall and resulting damages are expected to be more severe than previous years.” [33] Reports of the damage caused by the heavy rains include 5,100 people affected with damage to houses and blockages in the drainage system in the state of Portuguesa.[34] In another area—Delta Amacuro state—around 7,500 people are affected by the 2023 floods.[35]

In summary, extraordinary and temporary conditions continue to prevent Venezuelan nationals from returning in safety due to a severe humanitarian emergency which has resulted in food insecurity and the inability to access adequate medicine, healthcare, water, electricity, and fuel. Additionally, human rights violations and abuses, high levels of poverty, high levels of crime and violence, and heavy rains and flooding prevent Venezuelan nationals from returning in safety and permitting Venezuelan noncitizens to remain in the United States temporarily would not be contrary to the interests of the United States.

Based on this review and after consultation with appropriate U.S. Government agencies, the Secretary has determined that:

• The conditions supporting Venezuela’s designation for TPS continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).

• There continues to be extraordinary and temporary conditions in Venezuela that prevent Venezuelan nationals (or individuals having no nationality who last habitually resided in Venezuela) from returning to Venezuela in safety, and it is not contrary to the national interest of the United States to permit Venezuelan TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).

• The existing designation of Venezuela for TPS (Venezuela 2021) should be extended for an 18-month period, beginning on March 11, 2024 and ending on September 10, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

• Due to the conditions described above, Venezuela should be redesignated for TPS beginning on October 3, 2023, and ending on April 2, 2025. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).

  • For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since July 31, 2023.
  • Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since October 3, 2023, the effective date of the redesignation of Venezuela for TPS.
  • There are approximately 243,000 current Venezuela TPS beneficiaries who are eligible to re-register for TPS under the extension.

It is estimated that approximately 472,000 additional individuals may be eligible for TPS under the redesignation of Venezuela. This population includes Venezuelan nationals in the United States in nonimmigrant status or without immigration status.

https://www.govinfo.gov/content/pkg/FR-2023-10-03/pdf/2023-21865.pdf

Does this sound like a country that will “ensure orderly, safe and legal repatriation?” Duh!

As for the DHS attempt to “blame the victims” for not taking advantage of legal opportunities, the legal right to apply for asylum in the U.S. attaches at the border to ANYONE “who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status.” INA, section 208.

With huge backlogs at both the Asylum Office and EOIR, and some problematic adjudicators, judges, administrators, and poor precedents, just how could hundreds of thousands of legal removals take place without huge systemic changes that to date the Administration has failed to make at either DHS or EOIR? Sounds like a prescription for massive legal and human rights violations!☠️

Yes, we’re going to hear chants of “we can’t take them all” from all sides. But, the truth that few acknowledge is that we haven’t and won’t be “taking them all” — not by a long shot! Of the more than 7 million who have fled the Maduro regime in Venezuela, only approximately 10% (about 750,000) have come to the U.S.! https://www.bbc.com/news/world-us-canada-66875264. The vast, vast majority — approximately 90% — have taken refuge elsewhere in Latin American, in poorer countries far less able than the U.S. to absorb them! But, hey, when does truth and reality ever enter into the U.S. political debate on immigration?

🇺🇸 Due Process Forever!

PWS

10-05-23

🤡 THE CLOWNING OF AMERICA: AS McCARTHY SLITHERS 🐍 OFF, WHO WILL BE THE “NEXT CLOWN UP?” — Who Would Want To Be? 🤮 — “The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction.”

Clown Court
“Speaker in Waiting”
PHOTO: Clown Civertan.jpg, Creative Commons License

Jay Kuo in “The Status Kuo” on Substack:

https://statuskuo.substack.com/p/ousted?utm_campaign=email-post&r=330z7&utm_source=substack&utm_medium=email

It wasn’t supposed to end this way for Kevin McCarthy. After all, he had done nearly everything that the far-right faction of his caucus wanted, given in to their every demand. Why ever would that fail to satisfy them? But in the end, his actions recalled the parable of the scorpion and the frog. As Fortune magazine retold it,

A scorpion asks a frog to carry him over a river. The frog is afraid of being stung, but the scorpion argues that if it did so, both would sink and the scorpion would drown. The frog then agrees, but midway across the river the scorpion does indeed sting the frog, dooming them both. When asked why, the scorpion points out that this is its nature.

It is the nature of nihilistic, burn-it-to-the-ground extremists to destroy everything around them, including the very party that once carried them to victory. McCarthy’s mistake was thinking he could ever change that by actually inviting the crazies in and embracing them even closer. Instead, he became the first ever speaker in the 240-year history of the House of Representatives to be ousted. In a period of historic firsts—first president impeached twice, first president to be indicted (and charged 91 times), and now first successful motion to vacate the chair—the GOP seems determined to outdo itself.

As writer Charlotte Clymer colorfully put it, “McCarthy served 270 days, the equivalent of 27 scaramuccis or 0.093 of a pelosi, after giving away his power—and his dignity—to man-toddlers who eventually stabbed him in the back.”

Let’s look at what happened yesterday and then answer some common questions about where things go from here in the GOP’s fractured majority in the House.

Subscribe

Mean Girls Day

October 3rd is a day that sticks in my mind because of my favorite movie, Mean Girls, which is turning out to carry many lessons for the GOP. The Lincoln Project was out with a meme quickly.

“On October 3rd, he asked me what day it was!” exclaims Cady Heron of the dreamy Aaron Samuels.

“It’s Kevin McCarthy’s last day as Speaker,” Cady responds.

Indeed, it was.

After Rep. Matt Gaetz (R-FL) made good on his promise to file a motion to vacate the chair, McCarthy pressed for quick consideration of the motion, rebuffing calls to wait until Thursday when more members were back in Washington. He apparently had hoped to catch a number of Democratic House members away. Nancy Pelosi missed the votes, for example, because she was attending the funeral of her longtime friend, the late Sen. Dianne Feinstein.

No matter. After first losing a procedural vote to table the motion, with 11 Republicans voting “no” along with all the Democrats present, Kevin McCarthy faced a full vote of the House and was removed by a vote of 216 to 210, with eight GOP members joining all of the Democrats. Even Gretchen Wieners—er, I mean, Nancy Mace (R-SC)—who styles herself as a moderate, was a yea on the motion. Et tu, Nancy?

It bears noting that the Democrats had met as a group earlier that day and emerged with a consensus that they would not be helping McCarthy out. There was simply too much bad blood, from his kissing Trump’s ring two weeks after condemning him for January 6; to his reneging on the budget deal struck in May; to his launch of an impeachment inquiry against Joe Biden based on nothing but speculation; to his blaming the Democrats for the near shutdown of the government, when it was Democrats who had kept it open. They simply did not trust him and saw no reason to throw him a lifeline. In fact, he never even asked for help from them directly, though his minions reportedly made a series of calls begging moderate Democrats to save him.

After the vote, several members of the House Republican caucus gathered in a group to pray on the House floor, while Rep. Ann Wagner (R-MO), wept openly. It was quite a fall for Rep. Wagner, who had triumphantly spearheaded two anti-abortion measures earlier in the year with Speaker McCarthy’s blessing.

McCarthy’s loss of the speakership leaves the GOP caucus effectively without leadership, at a time when appropriations remain largely unfinished.

The Speaker pro tempore

The gavel is currently in the hands of a caretaker Speaker pro tempore, Patrick T. McHenry (R-NC), who gaveled out the evening with such ferocity that he damn near cracked the thing. It’s a good thing men aren’t emotional in politics.

McHenry is supposed to hold the position only so long as it takes to elect a new speaker, and to wield the gavel only for purposes of getting this done. But he couldn’t help but act like yet another petulant man-baby, ordering Speaker Emeritus Nancy Pelosi to clear out her office in the Capitol building and relocate to the Cannon Building. Pelosi issued a response:

With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol. Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.

Petty moves aside, McHenry won’t have any real power to push legislation through, and few even inside the GOP would likely stand for him seeking to assert himself in any way except as a momentary caretaker.

So what happens next?

With McCarthy out, the GOP is back to where it was in January, without the numbers to put someone over the top. One key piece of news that already broke: McCarthy won’t be running for the job again.

That leaves a number of possible replacements. The No. 2 in the House is Rep. Steve Scalise (R-LA), who is well liked but faces health challenges, as he is currently undergoing treatment for blood cancer. Other names that have bubbled up include Rep. Jim Jordan (R-OH), Elise Stefanik (R-NY) and the No. 3 guy in charge of this mess, Tom Emmer (R-MN).

There is no consensus candidate as of this moment. The House GOP members scattered to their districts on Tuesday night after the debacle, giving a cooling off period before they regroup next week.

Isn’t the devil we know better?

There is considerable and understandable consternation that we might wind up with someone worse than McCarthy, whose feckless cowardice at least led to predictable capitulations and back to the inevitable point of political equilibrium.

But it’s also fair to say that even someone more extreme, like a Jim Jordan, couldn’t actually do anything with this fractured majority beyond what McCarthy already did with it. A House majority without a Senate in concurrence can accomplish little other than hearings and inquiries, which is what the GOP has been up to for months already with nothing to show for it. Handing the keys to the bus to someone else who doesn’t know how to drive isn’t going to keep the party from catastrophe next November.

It also might take some time before they can coalesce around a new leader. Extremists want someone to the right of McCarthy, but moderates might never support such a candidate. And even assuming they did, the party would quickly find itself exactly where it is now: facing a government shutdown while it tries to renege on a deal already agreed to, and up against a Democratically-controlled Senate ready to get on with the business of governing.

The political fallout

The collapse of GOP leadership in the House likely will become a central talking point for Democrats for the 2024 elections. The GOP brand is already badly tarnished by everything from anti-abortion extremism to election denialism to authoritarian suppression.

One thing is clear, however: It was Trump, acting behind the scenes by pressing extremists to hold the line against the budget, who is in large part to blame for the destruction of the House GOP caucus. He won’t take ownership of that, of course, but the amount of damage he has inflicted upon his own party cannot be overstated.

And in a weird twist, some members of the far-right are moving to nominate Donald Trump as Speaker. Rep. Troy Nehls (R-TX) announced late Tuesday he will file paperwork to nominate the former president to be the next Speaker, who in fact doesn’t have to be a member of the body to preside as Speaker. In the past Trump has said he would not be interested in the job, so it’s unclear whether he would take such a nomination seriously. But it does demonstrate how rudderless and leaderless the House GOP caucus is that they once again turn to their Dear Leader to beg him to rescue them. (Trump of course wouldn’t know the first thing about how to act as Speaker, or move legislation through, or count votes, nor would he have time to learn the ropes given his trial schedule. Perhaps they could recruit his son Eric, who at least is foolish enough to accept and might soon have nothing to do because all his businesses have had their certificates to operate in the state canceled.)

That plan might run smack into the GOP’S own House rules, though, which requires leadership to step aside if indicted for a felony with a punishment of more than two years.

Returning to the scorpion and frog fable, and looking back at his tragic and brief tenure, McCarthy’s political death was inevitable. The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction. After all, under the terms of his parole, a single missed frog step could bring down a motion to vacate by a single member. By May, McCarthy had already committed the giant sin of compromising with the Democrats in a near evenly divided government, and a few months later, a single MAGA scorpion planted its stinger right into his back.

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

Of course, it’s supreme irony that about the only responsible leadership action McCarthy took during his short tenure as speaker led to his demise at the hands of the GOP anti-American nihilists whom he coddled and ingratiated himself with to get the job in the first place!

At some point, the anti-American GOP voters who put these dangerous, yet cowardly, spineless, and valueless, nut cases into positions of influence have to be held accountable, if only by history! 🏴‍☠️

🇺🇸 Due Process Forever!

PWS

10-04-23

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders
Immigrant Defenders help humanity at the border, treating fellow humans with dignity, respect, kindness.
PHOTO: Linkedin

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals. 

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border. 

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23