George Will Blasts Jeff Sessions for His Position on Civil Forfeiture.

https://www.washingtonpost.com/opinions/the-very-bad-reason-jeff-sessions-is-very-unhappy/2016/12/23/213a3cb8-c86d-11e6-bf4b-2c064d32a4bf_story.html?utm_term=.dbac3501fb9b

In this op-ed, conservative pundit George Will rips AG Designate Senator Jeff Sessions for his views on civil forfeiture proceedings.   Interestingly, immigration, on which Senator Sessions also has expressed strong opinions, like civil forfeiture is a nominally civil proceeding with quasi-criminal features and sanctions which in many cases exceed those which could be imposed in a criminal prosecution.

Here’s the key portion of Will’s broadside at Sessions:

“There might somewhere be a second prominent American who endorses today’s civil forfeiture practices, but one such person is “very unhappy” with criticisms of it. At a 2015 Senate Judiciary Committee hearing on forfeiture abuses, one senator said “taking and seizing and forfeiting, through a government judicial process, illegal gains from criminal enterprises is not wrong,” and neither is law enforcement enriching itself from this. In the manner of the man for whom he soon will work, this senator asserted an unverifiable number: “95 percent” of forfeitures involve people who have “done nothing in their lives but sell dope.” This senator said it should not be more difficult for “government to take money from a drug dealer than it is for a businessperson to defend themselves in a lawsuit.” In seizing property suspected of involvement in a crime, government “should not have a burden of proof higher than in a normal civil case.”

IJ’s Robert Everett Johnson notes that this senator missed a few salient points: In civil forfeiture there usually is no proper “judicial process.” There is no way of knowing how many forfeitures involve criminals because the government takes property without even charging anyone with a crime. The government’s vast prosecutorial resources are one reason it properly bears the burden of proving criminal culpability “beyond a reasonable doubt.” A sued businessperson does not have assets taken until he or she has lost in a trial, whereas civil forfeiture takes property without a trial and the property owner must wage a protracted, complex and expensive fight to get it returned. The Senate Judiciary Committee might want to discuss all this when considering the nominee to be the next attorney general, Alabama Sen. Jeff Sessions.”

Merry Christmas (to some) and Happy Holidays (to all).

PWS

12/24/16

THERE IS NO “IMMIGRATION CRISIS” – U.S. POPULATION STABLE – MIGRATION WELL WITHIN HISTORIC LEVELS — IMMIGRATION FUELS A GREAT FUTURE FOR THE U.S.

https://www.washingtonpost.com/local/social-issues/us-population-growth-is-lower-than-at-any-time-since-the-great-depression/2016/12/21/5267e480-c7ae-11e6-85b5-76616a33048d_story.html?utm_term=.188da004f316

This article from today’s Washington Post confirms what many of us already knew – there is no “immigration crisis” in America. Rather, our aging population is stable, and immigration (despite a modest uptick since the recession) remains within historic norms. This ties in with respected demographer Robert Warren’s research and conclusion that notwithstanding the so-called “Border Surge” beginning in 2014, U.S. immigration has remained well within historic norms (link below).

Today’s article also states “the United States will need to invest in immigrants who are helping to shore up the younger segment of the labor force.” In other words, we “geezers” are going to need a continuing flow of immigrants to support Social Security and Medicare, as well as to take jobs as nursing assistants, home health care workers, and caretakers for the elderly that few Americans seem to want. When was the last time you heard a high school student say that he or she aspired to a career as a home health care provider – although I see such individuals daily in our neighborhood and know that they are providing essential services to my neighbors in need?

This also fits in with an article in yesterday’s Wall Street Journal pointing out how Latino entrepreneurs and businesspeople – some of them immigrants – have become a key economic force propelling our future greatness as a nation (see below).

Sure, deporting serious criminals from the United States is a worthy goal and one that I have personally participated in to the extent appropriate under law. The current Administration has done as good job of this.  Some would say too good a job, and that cases of relatively minor, non-violent offenders with crimes such as petty theft, receiving stolen property, or possession of marijuana or cocaine, should not have been pushed into an already overcrowded Immigration Court System.

But, the foregoing article suggests to me that rather than fixating on how we might get rid of millions of other undocumented migrants who are law abiding contributors to our society, or looking to further restrict legal immigration as some have advocated, we should be modifying our laws to create additional opportunities for legal immigration that would serve our country’s future.  Moreover, a larger and more rational legal system, with shorter waiting periods, would encourage individuals to “use the system” rather than attempting to circumvent it.

PWS

12/23/16

http://cmsny.org/warren-immigration-surge-illusory/

http://www.wsj.com/articles/the-latino-drivers-of-economic-growth-1482363118

 

NYT and WSJ Articles Highlight Continuing Persecution of Coptic Christians in Egypt

http://www.nytimes.com/2016/12/22/opinion/egypts-cruelty-to-christians.html?_r=

http://www.wsj.com/articles/trumps-opportunity-saving-coptic-christians-1482363152

I granted some Coptic Christian cases in Arlington.  Very nice people with an interesting and inspiring history.  The only problem I ever had was that every Coptic Christian wanted to tell me the complete history of Coptic Christianity — not a good “fit” for a “three hour slot.”  I soon went to “proffers” of evidence as the cases were all well-documented and supported by the country background materials on Egypt.

I fully agree with Mr. Tadros that Egypt’s loss is our gain.  As he suggests, it would be great if President Trump could help protect and improve the situation of these long-suffering people.

PWS

12/22/16