TRUMP REGIME’S DISHONEST BATTLE TO “SNUFF” NAIJ SHOWS CONTEMPT FOR UNIONS, WORKING PEOPLE, CAREER EMPLOYEES, DUE PROCESS, FAIRNESS, MIGRANTS, JUDICIARY, & AMERICAN VALUES ALL WRAPPED INTO ONE VILE PACKAGE!

Joe Davidson
Joe Davidson
Federal Employment Columnist
Washington Post

 

https://www.washingtonpost.com/politics/trump-has-attacked-federal-unions-now-for-the-first-time-hes-trying-to-bust-one/2020/01/17/3426d8ea-3971-11ea-a01d-b7cc8ec1a85d_story.html

 

By

Joe Davidson

Columnist

Jan. 18, 2020 at 6:00 a.m. EST

President Trump is escalating his attacks on federal unions to a new level.

For the first time, the Trump administration is seeking to bust a union, the National Association of Immigration Judges, by declaring that its members are managers ineligible for labor organization membership. It’s tantamount to decertification.

A possible change in the judges’ status from staffers to managers raises another issue beyond union membership: Should judges be part of the Justice Department, the law enforcement agency whose cases the judges consider?

Making immigration judges part of the department’s management could politicize their role during a period when Trump’s aggressive immigration practices are among his more controversial policies.

This case intensifies a series of administration actions designed to undermine federal labor organizations. The most notable of those occurred in May 2018 when Trump issued three executive orders that hit federal unions by, among other things, making it harder for union leaders to organize, represent employees and use agency facilities.

Arguments from both sides of the attempted union busting are now being considered by the Federal Labor Relations Authority, a small independent agency that resolves federal labor-management disputes. Two of the three authority members are Trump appointees.

Justice Department officials say the judges are essentially management officials “and should be excluded from a bargaining unit” in papers filed this month with the authority.

The department is fighting history, hoping it does not repeat.

In 2000, when Bill Clinton was president, the authority considered the same issue and, as the administration’s brief acknowledges, “determined that immigration judges are not management officials.”

So why re-fight a lost battle?

Justice officials now contend that decision “was wrongly decided” and has been undermined by changes in the law that affect immigration judges’ decisions.

Administrative decisions and federal court rulings since the authority’s 2000 decision, according to Justice, significantly influence “the ability of immigration judges to determine, formulate, or influence policy of the Agency,” rendering them more management than labor.

A decision by an immigration judge, the brief added, “commits or binds the Agency to a course of action,” a characteristic of management. Currently there are 465 immigration judges, the most ever, according to the department.

The association, however, says not only have the judges’ duties not changed since the earlier decision, but they are “less able to influence policy” than they were then.

“Immigration Judges are now subject to mandatory performance reviews and efficiency metrics,” the association said in its brief. “The Agency has increased control over the procedures and protocols of the judges’ courtrooms. It has implemented a restrictive public speaking policy, blocking judges from many speaking engagements,” the union’s brief said.

On top of that, agency managers “are frequently in the courthouses, supervising and evaluating the Immigration Judges. These changes give the judges yet less authority than before, showing that the Agency clearly treats them as employees.”

The judges have important allies.

When the union hit was proposed last year, a statement by House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) and immigration subcommittee Chairwoman Zoe Lofgren (D-Calif.) said the administration “has taken unprecedented steps to strip immigration judges of judicial independence.”

The union-busting attempt, they added, “underscores why we need an immigration court system that is separate and independent from the Executive Branch.” The committee leaders planned a hearing on creation of an independent immigration court.

During an interview, union president A. Ashley Tabaddor said housing the current immigration court in the Justice Department is a “major structural design defect” whose conflicts of interest, vulnerabilities and weaknesses have been particularly exploited under Trump.

She likened the immigration courts under him to a “widget factory model process [where] the judges have been subjected to quotas and deadlines, which intrudes upon their decision-making authority. The court system has been micromanaged from the top based on law enforcement priority.”

Busting the union would be “a dark day not only for every immigrant who appears before the immigration court, but also for the deeply [held] American principle that courts must be balanced and neutral in order to administer justice,” according to an email from Gregory Chen, the American Immigration Lawyers Association’s government relations director.

If the union is busted, he said, “There will be no voice that speaks for the judges, and the administration will have unchecked power to pressure the courts to serve as a tool of enforcement rather than justice.”

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

As Due Process and fundamental fairness die in America, all of us are losers. And, the Trump regime is making a concerted effort to dismember every American institution that protects constitutional rights and due process for all.

 

PWS

01-20-20

NY TIMES BLASTED FOR GIVING FORUM TO WHITE NATIONALIST PROPAGANDA FROM CIS SHILL! — “The organization has gained credibility by writing pseudo-science ‘research’ papers that are little more than racist ideology dressed up in scholarly language.”

 

 

Sebastian Murdock
Sebastian Murdock
Senior Reporter
HuffPost

https://www.huffpost.com/entry/new-york-times-anti-immigration-op-ed-hate-group_n_5e21d9d8c5b673621f752f9c

The Center for Immigration Studies, an anti-immigration think tank, is categorized as a hate group by the Southern Poverty Law Center.

BY SEBASTIAN MURDOCK

SENIOR REPORTER

HIUFFPOST

The New York Times published an op-ed decrying immigration by an author claiming to be a “liberal restrictionist” who is in fact attached to a known hate group.

The column, published Friday, was written by , “a senior research fellow at the Center for Immigration Studies,” according to the biography listed under his byline.

CIS, which calls itself “an independent, non-partisan, non-profit, research organization,” is a known hate group that has been described by the Southern Poverty Law Center as an anti-immigrant movement that hires racist writers and associates with white nationalists.

“I’m a Liberal Who Thinks Immigration Must Be Restricted,” Kammer’s headline reads. The piece begins with an anecdote about how immigrants take the jobs of American-born workers and later claims “many liberal Democrats” want illegal immigration to run rampant:

Now many liberal Democrats, including those who call for the abolition of Immigration and Customs Enforcement, seek to erase the distinction between legal and illegal immigration. Under the banner of inclusiveness, equality, human rights, racial reconciliation and reparations for American interventions in the third world, those liberals demand sanctuary for those who make it past the Border Patrol or overstay a visa. Few speak openly of open borders, but that is essentially what they are calling for.

Throughout the piece, Kammer seems set on reminding readers that he is liberal, even if his views might suggest otherwise.

“That’s why I call myself a liberal restrictionist,” Kammer, a former journalist, writes. “I have long considered myself a moderate liberal, in part because Democrats have always been the allies of working people.”

White House adviser Stephen Miller, a white nationalist, has cited CIS when speaking about immigration, and in 2011, the group released a report attempting to connect immigration with the creation of future terrorists, calling them “terror babies.”

The organization has gained credibility by writing pseudo-science “research” papers that are little more than racist ideology dressed up in scholarly language. According to the SPLC, “longtime CIS executive director Mark Krikorian’s contributions to the immigration policy debate rarely rise above petulant commentary dashed with extremist statements.”

Running a column by an author employed by a known hate group is the latest in the Times’s run of publishing racist pieces in its opinion section. In December, columnist and known bedbug Bret Stephens cited a study by a white nationalist that falsely claimed Ashkenazi Jews have a higher IQ than other races. The study he cited “traffics in centuries-old anti-Semitic tropes,” according to the SPLC.

Do better, New York Times.

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

Ben Mathis-Lilley
Ben Mathis-Lilley
Chief News Blogger
SLATE

https://slate.com/news-and-politics/2020/01/times-op-ed-white-nationalist-center-for-immigration-studies.html

THE SLATEST

Times Taps White Nationalist Organization for Thought-Provoking Perspective on Immigration

By BEN MATHIS-LILLEY

JAN 17, 20206:42 PM

The New York Times opinion section under editor James Bennet ostensibly aims to challenge the paper’s predominately liberal readers by presenting them with thoughtful critiques of their worldview. In practice, it runs pieces like this recent argument that launching a war against Iran would end attacks against American interests in the Middle East—which was written by a veteran of the Bush administration who had predicted confidently in a 2003 piece also published by the Times that launching a war against Iraq would end attacks against American interests in the Middle East. There was no acknowledgment in the new piece of the old one, as an opinion section committed to intellectual honesty might require, nor was it particularly challenging in the sense of being difficult to rebut. But it did make people on the left feel bad, and like they were losing their minds, which is the bar that Bennet’s section requires an argument to clear.

The essay “I’m a Liberal Who Thinks Immigration Must Be Restricted,” published in the Times Thursday, may represent the nadir of this approach. It makes a familiar argument: that “the left” believes in a “post-national” system of open borders which sacrifices the interests of native-born working Americans to the interests of low-skilled foreign immigrants who drive down wages and disrupt the cultural cohesiveness of their communities. It argues for respecting a distinction between legal and illegal immigration and asserts that Donald Trump’s position on immigration can be appreciated, in a non-racist way, as “a patriotic battle to defend common people.” It accuses Trump’s critics of having had their minds addled by “tribal passions” and a fetish for conflict “between ethnic groups,” and it proposes a “conciliatory” policy that would offer amnesty to existing undocumented workers but institute a crackdown regime of visa enforcement that would prevent future undocumented individuals from finding jobs.

The familiarity of the article’s arguments is matched by the familiarity of its flaws. While large-scale immigration is, in fact, believed by some non-racists to flatten wages at the bottom of the pay scale, it’s also known to accelerate rather than retard economic expansion overall, and tends to be supported by progressives who advocate for other means of increasing working-class wages and sharing the benefits of GDP growth. The distinction between “legal” and “illegal” immigration is not some ancient, race-agnostic pillar of global affairs, but rather a concept that was instituted in the United States in the early 20th century to explicitly discriminate against Asian, southern European, and eastern European individuals and expanded in the 1960s to explicitly discriminate against Mexicans. Trump’s support is strongest in areas where there are fewer undocumented immigrants, not more, and he lost four of the five states that have the highest undocumented populations per capita. Many of the most immigration-heavy and ethnically diverse cities in the U.S. are also the safest and wealthiest and are considered so desirable to live in by migrating native-born Americans that they are experiencing housing crises.

As to whether criticizing an administration that instituted the premeditated, systematic separation of young children from their parents after they applied legally for asylum is a matter of unseemly “tribal passions,” or whether support for the principles of inclusive American citizenship described on the Statue of Liberty constitutes “post-national” anti-patriotism, perhaps we can agree to disagree.

More concerning than any of these specific problems, though, is the piece’s provenance: It’s written by someone named Jerry Kammer, a fellow at a think tank called the Center for Immigration Studies. Kammer has made a career out of covering immigration policy, he writes, for two reasons: “I was fascinated by its human, political and moral complexity. I also wanted to push back against the campaign by activist groups to label restrictionism as inherently racist.” He expresses regret that “odious people” with white-power affiliations have given the cause of cutting back on immigration a “bad name.”

What neither Kammer nor the Times discloses is that the Center for Immigration Studies was in fact founded by these people, most prominent among them a white nationalist named John Tanton who died last year. Tanton, as the Southern Poverty Law Center has documented, believed that the United States needed to maintain a “European-American majority, and a clear one at that”; he founded CIS, he wrote in the 1980s, in order to give his ideas the appearance of independent “credibility.”

Kammer does write that he disagrees with “some of the center’s hard-line positions.” Among his more hard-line colleagues at CIS are a writer named Jason Richwine, who contributed to a journal founded by white supremacist Richard Spencer and who has said that “IQ” is the “most important” difference between racial groups. (As the SPLC has documented, CIS has circulated literally hundreds of articles by explicit white supremacists like Spencer via links in its weekly newsletter. Its director once accused Barack Obama of trying to “foment race war.”) A statement of purpose on the CIS website is credited to longtime Tanton collaborator Dan Stein, who once complained that mass immigration was a tool developed by “Ted Kennedy and his political allies” in approximately 1958 to “retaliate against Anglo-Saxon dominance.”

In 1997, the Wall Street Journal wrote about Tanton in a piece called “The Intellectual Roots of Nativism.” It was a scathing article which noted that Tanton had once described the immigrant’s contribution to society as “defecating and creating garbage and looking for jobs.” The piece expressed concern that “otherwise sober-minded conservatives” and “reasonable critics of immigration” were affiliating themselves with his ideas. The author of that WSJ article, a 28-year-old journalist named Tucker Carlson, has since made the career-advancing decision to embrace Tanton-style nativism; he was in the news not too long ago for complaining in his role as a Fox News host that immigrants make the United States physically “dirtier.”

Whatever space ever existed between mainstream conservatism and white-power nationalism, Carlson demonstrates, has collapsed. And it turns out that the “odious people” that Kammer references in the Times are actually his colleagues and forebears, who created his organization so that policies intended to perpetuate “European-American” and “Anglo-Saxon” superiority could be laundered into the respectable discourse. What else is there to say but: It worked!

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

So, we have a White Nationalist in the White House assisted by neo-Nazi advisor Stephen Miller actually turning nativism into “Government policy.” Other white supremacists are scattered in key positions throughout the Government, particularly the immigration bureaucracy. Trump tweets and right-wing media put out a constant barrage of nativist lies, misrepresentations, false narratives, and racial, ethnic, and religious slurs.

So, just why is it that the “mainstream media” owes White Nationalists yet another forum to spread their nativist propaganda?

It’s not limited, of course, to just the Times. The WashPost regularly publishes largely fact and value free right-wing blather from professional shills like Marc Thiessen and Hugh Hewitt under the guise of “op-eds.”

And Chuck Todd regularly invites GOP congenital liars and Trump toadies like Sen. Ron Johnson (R-WI), Sen. John Kennedy (R-LA), and Sen. Ted Cruz (R-TX) to spread their lies, false narratives, and debunked “conspiracy theories” from the “bully pulpit” of “Meet the Press.” To top it off, Chuck then appears to be flabbergasted that when he confronts these guys with truth and facts, they “double down” continuing to lie to his face, ignore established facts, and spread Putinesque conspiracy theories. 

Fact is, most of the Trump agenda is corrupt, counterfactual, unethical, inhumane, divisive, and corrosive to American democracy. We receive enough of it from lots of sources every day, pretty much 24-7-365. Is it really necessary for those supposedly dedicated to truth and democracy to give more free “air time” to nativist shills spreading their racially corrosive, divisive, anti-democracy propaganda?

PWS

01-18-20

83% OF AFRICAN AMERICANS SAY TRUMP IS A RACIST: What Planet Has The Other 17% Been Living On? — “He has taken hatred against people of color, in general, from the closet to the front porch.”

 

https://apple.news/ABd8vQaHZQJm6eDhvbK3j0Q

The WashPost reports:

BY CLEVE R. WOOTSON JR., VANESSA WILLIAMS, DAN BALZ AND SCOTT CLEMENT

President Trump made a stark appeal to black Americans during the 2016 election when he asked, “What have you got to lose?” Three years later, black Americans have rendered their verdict on his presidency with a deeply pessimistic assessment of their place in the United States under a leader seen by an overwhelming majority as racist.

The findings come from a Washington Post-Ipsos poll of African Americans nationwide, which reveals fears about whether their children will have a fair shot to succeed and a belief that white Americans don’t fully appreciate the discrimination that black people experience.

While personally optimistic about their own lives, black Americans today offer a bleaker view about their community as a whole. They also express determination to try to limit Trump to a single term in office.

More than 8 in 10 black Americans say they believe Trump is a racist and that he has made racism a bigger problem in the country. Nine in 10 disapprove of his job performance overall.

The pessimism goes well beyond assessments of the president. A 65 percent majority of African Americans say it is a “bad time” to be a black person in America. That view is widely shared by clear majorities of black adults across income, generational and political lines. By contrast, 77 percent of black Americans say it is a “good time” to be a white person, with a wide majority saying white people don’t understand the discrimination faced by black Americans.

Courtney Tate, 40, an elementary school teacher in Irving, Tex., outside Dallas, said that since Trump was elected, he’s been having more conversations with his co-workers — discussions that are simultaneously enlightening and exhausting — about racial issues he and his students face everyday.

“As a black person, you’ve always seen all the racism, the microaggressions, but as white people they don’t understand this is how things are going for me,” said Tate, who said he is the only black male teacher in his school. “They don’t live those experiences. They don’t live in those neighborhoods. They moved out. It’s so easy to be white and oblivious in this country.”

Francine Cartwright, a 44-year-old mother of three from Moorestown, N.J., said the ascent of Trump has altered the way she thinks about the white people in her life.

“If I’m in a room with white women, I know that 50 percent of them voted for Trump and they believe in his ideas,” said Cartwright, a university researcher. “I look at them and think, ‘How do you see me? What is my humanity to you?’ ”

The president routinely talks about how a steadily growing economy and historically low unemployment have resulted in more African Americans with jobs and the lowest jobless rate for black Americans recorded. Months ago he said, “What I’ve done for African Americans in two-and-a-half years, no president has been able to do anything like it.”

But those factors have not translated positively for the president. A 77 percent majority of black Americans say Trump deserves “only some” or “hardly any” credit for the 5.5 percent unemployment rate among black adults compared with 20 percent who say Trump deserves significant credit.

In follow-up interviews, many said former president Barack Obama deserves more credit for the improvement in the unemployment rate, which declined from a high of 16.8 percent in 2010 to 7.5 percent when he left office.

Others said their personal financial situation is more a product of their own efforts than anything the president has done.

“I don’t think [Trump] has anything to do with unemployment among African Americans,” said Ethel Smith, a 72-year-old nanny who lives in Lithonia, Ga., a suburb of Atlanta. “I’ve always been a working poor person. That’s just who I am.”

Black Americans report little change in their personal financial situations in the past few years, with 19 percent saying it has been getting better and 26 percent saying it has been getting worse. Most, 54 percent, say their financial situation has stayed the same.

A similar 56 percent majority of African Americans rate the national economy as “not so good” or “poor,” contrasting with other surveys that find most Americans overall rate the economy positively, although there are sharp political divides on this question.

Beyond questions about the economy, African Americans see a range of concerns impacting the country overall as well as their own communities.

Just 16 percent of black Americans believe that most black children born in the U.S. today have “a good opportunity to achieve a comfortable standard of living.” A 75 percent majority think most white children have such an opportunity.

More than 8 in 10 say they do not trust police in the United States to treat people of all races equally, and 7 in 10 distrust police in their own community.

Black Americans also widely sense that their experiences with discrimination are underappreciated by white Americans. Just about 2 in 10 say that most white Americans understand the level of discrimination black Americans face in their lives, while nearly 8 in 10 say they do not.

The starkly negative outlook appears to be a turnabout from previous points during both the Obama and George W. Bush presidencies, according to surveys asking related questions. A 2011 Washington Post-Kaiser Family Foundation survey found 73 percent of black women said it was a “good time” to be a black woman in America, while a similar survey in 2006 found 60 percent of black men saying it was a good time to be a black man.

Yet the Post-Ipsos poll also finds that 65 percent of black Americans say they feel optimistic about their own lives most or all of the time. This positive personal outlook crosses age and political groups, and while it peaks among those who are older and with higher incomes, roughly half of black Americans with incomes under $35,000 annually say they feel optimistic about their own lives.

Dana Clark, a father of 11 children in Ontario, Calif., said he tells all of his children that it’s possible to succeed in America, but that they’ll have to work harder than the white children they encounter.

“I tell them we’re going to set this plan up. Whatever you want to do you’re going to be able to do it,” he said. “But it ain’t going to be easy, especially if [you] want to make some money because you’re going to be in a world where they’re not going to expect you to be there. You can get what you want, but you’ve got to work harder, faster and stronger.”

The survey, by The Post and Ipsos, a nonpartisan research firm, is one of the most extensive recent surveys focused on views of the country and President Trump among black Americans, who are often represented by only small samples in customary national polls. It was conducted among 1,088 non-Hispanic black adults, including 900 registered voters, drawn from a large online survey panel recruited through random sampling of U.S. households.

Few black voters responded positively to Trump’s campaign appeal for their votes. Exit polls taken during the 2016 election showed just 8 percent of African Americans supported Trump and 89 percent backed Democratic nominee Hillary Clinton, although black turnout was significantly lower than in 2008 and 2012 for the election and reelection of Obama, the country’s first black president.

In the Post-Ipsos poll, roughly three-quarters of black adults say the things that Trump is doing as president are “bad for African Americans,” while a similar majority says Obama’s actions as president were good.

Kenneth Davis, a truck driver who lives outside Detroit, said that when Trump was elected, co-workers who secretly harbored racist thoughts felt emboldened to publicly express them.

“One gentleman is waving the Confederate flag on the back of his pickup truck,” said Davis, 48, who is a Marine Corps veteran. “He was very brave to say ‘Trump’s president, I’m going to get my window (painted).’ ”

Retired federal prison warden Keith Battle said the political climate has exposed “unresolved racial issues” and that Trump has emboldened white supremacists. Battle, who lives in Wake Forest, N.C., said white supremacists “are not the majority of whites in America, but there is a significant amount still, I’d say 30 percent, and I think they’re just leading the country down a path of, eventually, chaos. They’re feeling jeopardized of losing their white privilege.”

Survey respondents were asked to say how Trump’s presidency has affected them personally or African Americans in general. The responses illuminated the data in the poll.

“Donald Trump has not done anything for the African American people,” said one person.

“He has created an atmosphere of division and overt racism and fear of immigrants unseen in many years,” said another.

A third said, “He has taken hatred against people of color, in general, from the closet to the front porch.”

Others echoed that sentiment, saying that the president has emboldened those with racially prejudiced views and therefore set back race relations for years. “I sense a separation between myself and some of my white associates,” one person wrote.

Trump’s overall approval rating among black Americans stands at 7 percent, with 90 percent disapproving, including 75 percent who disapprove “strongly.”

Similarly large majorities of black men and women disapprove of Trump, as do black Americans across different age, education and income levels. Trump receives somewhat higher marks among self-identified black conservatives, with 25 percent approving of his performance, compared with 5 percent of moderates and 3 percent among liberals.

Few black Americans appear open to supporting Trump’s bid for reelection at this point. He receives between 4 and 5 percent support among black registered voters in head-to-head matchups against eight potential Democratic nominees. But the level of Democratic support depends on who is the party’s nominee, peaking at 82 percent for former vice president Joe Biden and falling to 57 percent for former South Bend, Ind., mayor Pete Buttigieg.

The Post-Ipsos survey was conducted Jan. 2-8, 2020, through Ipsos’s KnowledgePanel, a large online survey panel recruited through random sampling of U.S. households. Overall results have a margin of sampling error of plus or minus 3.5 percentage points among the sample of 1,088 black adults overall, and four points among the sample of 900 registered voters.

Emily Guskin contributed to this report.

Cleve R. Wootson Jr. is a national political reporter for The Washington Post, covering the 2020 campaign for president. He previously worked on The Post’s General Assignment team. Before that, he was a reporter for the Charlotte Observer.

Vanessa Williams is a reporter on the National desk.

Dan Balz is chief correspondent at The Washington Post. He has served as the paper’s deputy national editor, political editor, White House correspondent and Southwest correspondent.

Scott Clement is the polling director for The Washington Post, conducting national and local polls about politics, elections and social issues. He began his career with the ABC News Polling Unit and came to The Post in 2011 after conducting surveys with the Pew Research Center’s Religion and Public Life 

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

Unfortunately, it’s painfully simple. The GOP is the “21st Century Party of Jim Crow.” Those of us who believe in the 14th Amendment, equal justice, and human decency had better hang together to remove Trump and as many of his GOP toadies as possible from office in 2020. 

Otherwise, we’ll all be reliving one of the worst chapters in American history. And that will be tragic for future generations of Americans of all races.

Make America REALLY great by voting Trump and his White Nationalist kakistocracy out of office on every level of our political system. There are enough of us out there in the majority to get the job done this time — if we only hang together and get out the vote everywhere!

PWS

01-17-20

POLITICS: DANIEL DENVIR @ LITERARY HUB: The Case Against Immigration Centrism – Liberals Inevitably Get Co-Opted Into “Nativism Lite” & The Result Is Donald Trump & His Overtly White Nationalist GOP!

Daniel Denvir
Daniel Denvir
American Journalist

https://apple.news/ASCSwefgISM2mLjzRVdJeWQ

 

When It Comes to Immigration, Political Centrism is Useless

With Trump in office, things can seem absurdly bleak. But after Republicans lost the House, it became clear that Trump’s first two years were for nativists a critical opportunity to reshape the contours of the American demos. And they blew it: Republicans had total control of government yet legislative cuts to legal immigration went nowhere. Meanwhile, Democratic voters are moving sharply left in the face of accelerating Republican extremism. The percentage of Americans calling for a decrease in legal immigration has plummeted since the early 2000s—particularly but not exclusively among Democrats. Indeed, since 2006 Democratic voters have swung from a strong plurality supporting legal immigration cuts to a stronger plurality backing increased legal immigration.

In promoting attacks on “illegal immigration” and militarizing the border, establishment politicians from both major parties inflamed popular anti-immigrant sentiment. But they helped move the Overton window so far right that it snapped loose of its bipartisan frame, prompting vociferous resistance on the left. The war on “illegal immigrants” was based on a bipartisan consensus. It is becoming very partisan. That’s good.

As nativists well know, immigration means that we the people is increasingly made up of people who don’t look like Trump and his base. And they correctly worry that immigration is driving a large-scale demographic transformation that could ultimately doom the conservative movement—a prospect that the most honestly racist figures on the far-right call “white genocide.” Non-white people disproportionately vote Democrat—a trend gravely exacerbated by unconstrained Republican racism that has alienated even wealthy and economically conservative non-white people. Demographics aren’t destiny. But thanks to the foundational role that racism plays in American capitalism, they do mean quite a bit.

In August 2019, Trump finally implemented an aggressive attack on legal immigration, expanding the definition of what makes an immigrant “likely to become a public charge” and thus excludable from the country.28 The rule further empowers immigration officers to deny entry to poor and working-class immigrants, particularly from Latin America, or to deny immigrants already in the country a green card. The rule radically expands a provision of US immigration law dating back to the Immigration Act of 1882 and, before that, to New York and Massachusetts’s enforcement targeting Irish paupers. The Migration Policy Institute predicts that the rule “could cause a significant share of the nearly 23 million noncitizens and U.S. citizens in immigrant families using public benefits to disenroll.” And visa denials under Trump had already skyrocketed before the new rule was in place.

It is unclear how profoundly the rule will reshape either the size or the class, national, and racial makeup of legal immigration. But regardless, the new rule is a reflection of Trump’s inability to secure cuts or changes to legal immigration in Congress. The rule will very likely be rolled back under even a milquetoast Democratic president. The same holds true with Trump’s deep cuts to refugee admissions, and the draconian proposal pushed by some in his orbit to cut admissions to zero. Trump is effectively terrorizing migrants in the present but failing to secure the enduring legislative change that would outlast his presidency.

There is no majority constituency today for enacting such legislation—nor any viable institutional vehicle for it. Whatever opportunity existed to leverage a white-grievance-fueled presidency toward a full nativist program has faded even as the right clings to power thanks to the system’s profoundly anti-democratic features. The left is nowhere near winning. But it is at long last emerging as a real force in clear conflict with both the Trumpist right and the center that facilitated its rise.

For Bill Clinton, Hillary Clinton, Obama, Biden, Feinstein, Schumer, and a host of other Democrats, a measure of nativism was useful. Quite a bit more than that has proven necessary for Republicans. But too much nativism is a problem: no rational capitalist favors shutting out exploitable migrant labor. As Karl Marx wrote in The Eighteenth Brumaire, political stances that seem rooted in principle are in reality founded—if often in indirect, unconscious, and obscure ways—in “material conditions of existence.” This is no doubt the case here.

The United States has undergone decades of enforcement escalation, fashioning a useful scapegoat for neoliberalism and empire while maintaining a segmented labor market. But business frequently lost too, most spectacularly with the repeated defeat of comprehensive immigration reform. Business wants the undocumented to be legalized and guest workers who provide the benefits of undocumented labor without the risk. But what perhaps best reflects—but by no means exclusively reflects—the power of business is what hasn’t happened: deep legislative cuts to authorized immigration have been consistently off the table for more than two decades. This has been the case since the 1996 legislation to slash legal immigration was defeated in favor of a law to persecute undocumented immigrants and “criminal aliens.” The immigration debate has taken on a bizarre and contradictory life of its own. The unspeakability of cuts to authorized immigration, and the failure to impose effective employer sanctions and employment verification systems reveal that immigration policy was still tethered, narrowly but firmly, to the interests of capital. With Trump, full nativism is spoken. But substantial immigration reductions still cannot pass Congress.

A full examination of the complex role of business, the rich, and their various factions during the past two decades of immigration politics is yet to be written. Some of its basic contours, however, are clear. For one, the capitalist class has become recklessly polyphonic. Lumpen-billionaires like the Mercer family and the Koch brothers have spent vast amounts to promote their ideologically distinct priorities rather than those of the collective. The Tanton network is a case in point: it received more than $150 million since 2005 from the Colcom Foundation, founded by the late Mellon heir Cordelia Scaife May. Ironically, independent right-wing oligarchs who pursue idiosyncratic agendas now rival the Chamber of Commerce for influence thanks to the policy achievements of groups like the Chamber of Commerce, which helped those oligarchs make and keep their billions. But does establishment big business even care about immigration anymore?

Political scientist Margaret Peters argues that productivity gains and globalization’s facilitation of an overseas supply of low-wage labor has led to a lessening of business’s need for immigrant workers, resulting in more restriction. The evidence for this, however, is mixed. On the one hand, business has not won a major legislative expansion of immigration since 1990. But it has also not suffered a major defeat. What’s clear is that business can tolerate border security theatrics and the demonization of “criminal aliens,” and is content to exploit undocumented workers. As anthropologist Nicholas De Genova writes, “It is deportability, and not deportation per se, that has historically rendered undocumented migrant labor a distinctly disposable commodity.”34 Business opposes dramatic cuts to authorized immigration, effective employer sanctions, and mandatory employee verification. Business prefers legalization, but that doesn’t rival priorities like tax cuts and deregulation; if it did, business would abandon the Republican Party. The roles played in immigration politics by business interests with various and often bipartisan attachments require further research, which will in turn help to clarify the woefully under-studied sociology of ruling class power more generally.

Meanwhile, business’s hold on the Democratic Party has come under intense assault. The war on “illegal immigrants” that accelerated in the 1990s is facilitating a realignment of left-of-center politics in favor of a diverse, immigrant-inclusive working class in opposition to war, neoliberal oligarchy, and hard borders. The post–Cold War dominance of carceral neoliberalism had made such a popular coalition impossible; the exhaustion of that model signaled by the 2008 crisis has made it astonishingly credible. Record deportations and a radicalizing racist right triggered a revolt among the Democratic Party’s young and increasingly diverse base. That base has along with much of American public opinion moved to perhaps the most staunchly pro-immigrant position in American history—and, in doing so, toward a radically inclusive vision of the American working class. Amid a post-Recession boom in labor militancy, that portends trouble for the entire political establishment and the racist and oligarchic order it protects.

Trump’s election set that trajectory into overdrive, rendering opinions on immigration a basic proxy for one’s partisan allegiance. Border militarization that once garnered bipartisan support is now the polarizing Wall. Obama’s brutal migrant detention centers have under Trump been labeled “concentration camps.” The number of Republicans who believe that the United States risks losing its national identity if the country welcomes immigrants from the world over has increased since Trump’s election.35 At the same time, Democrats have become more hostile to enforcement. In 2010, 47 percent of Democrats said that they equally prioritized a pathway to legalizing undocumented immigrants and “better border security and stronger enforcement of immigration laws,” while just 29 percent prioritized a pathway to legalization alone. By 2018, the number prioritizing legalization alone skyrocketed to 51 percent. As the war on immigrants kicked into high gear in 1994, just 32 percent of Democrats and 30 percent of Republicans agreed that immigrants strengthened the country. By 2016, the share of Democrats who said so had surged to 78 percent.

Extreme polarization, the establishment’s bête noire, is in fact the only solution to the long-standing bipartisan agreement that immigration is a problem for enforcement to solve. Demanded and rejected, oppressed and expelled, this country’s many others have long insisted that the promise of American freedom, designed for if never truly delivered to white settlers, belongs to them too because they too are the people. And contrary to what Trump’s presidency might suggest, a growing number of Americans agree and are turning against nativism and war. Racism is, as the remarkable number of Americans embracing socialism understand, an obstacle to freeing everyone.

The issue of borders is, in turn, a simple one in principle for socialists: borders are a nationalist enterprise and thus incompatible with an internationalist workers’ creed. Migration is a symptom of social violence when it is compelled by poverty, war, or climate change. But moving to faraway and strange places is often a beautiful journey too, one nurtured by love, adventure, and the drive for self-determination and realization. Migration should be free and the choice to migrate should be freely made. The border does not protect Americans against cultural change, economic insecurity, and terrorism. It bolsters a system of global inequality that harms people everywhere by dividing them.

Even with public opinion moving rapidly to our side, border controls will not fall anytime soon. To chip away at them, we must understand their historical particularity. The legal right to travel was, for most white people, a basic one for much of American history. It remains so for wealthy people, particularly those with passports from rich countries. Border controls arose in the United States not out of any neutral law enforcement principle but to exclude Asians, Jews, Italians, Latinos, blacks, Muslims, and other Others in the service of an exploitative and expansionist empire. Our land borders began to harden only alongside the rise of industrial capitalism, and were only militarized in recent decades.

If Democrats stick to the center on immigration, they will find themselves fighting on two fronts. A fight against Republicans, with the left at their back, will be far easier to win—and a more noble victory. Simple realism dictates that no legislation to grant citizenship to millions will be passed until Republicans are defeated. There’s no use trying to appease them. The bipartisan consensus supporting harsh immigration and border enforcement has fractured. Democratic elected officials need to catch up or be defeated too. It’s the task of the left to accelerate the nascent split, demanding radical reforms that correspond to our dream of a world where no human being is illegal. We must transform nation-states so that they no longer divide workers but instead are conduits for the democratic control of our social, economic, political, and ecological futures.

We must urgently develop demands for policies that will not create an open border overnight but a radically more open border soon. The border must be demilitarized, which would include demolishing the hundreds of miles of already existing wall and dramatically downsizing the Border Patrol. Criminal sanctions on illegal entry and reentry and the public charge rule must be repealed. Links between ICE and local law enforcement created by Secure Communities and 287(g) must be broken. Opportunities for legal immigration, particularly from Mexico and Central America, must be expanded. The right to asylum must be honored. And citizenship for those who reside here must be a stand-alone cause, unencumbered by compromises that are not only distasteful but also politically ineffectual—and that today would provoke opposition from both the nativist right and the grassroots left.

 

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

The nativists start with lies, myths, and distortions. The liberals start with truth and humane values. They used to meet in the “center right” which is “nativism lite” and bad news for migrants and for humane values.

 

With some logic, Denvir argues that the nativist right has now come “out of their shell” and just advocates against all foreigners and for maximum human cruelty.  In other words, complete dehumanization and abandonment of the common good: A trashing of the “Statute of Liberty” (see, e.g., Stephen Miller & “Cooch Cooch”) and an obliteration of the real, diverse America, a nation of immigrants, in favor of a mythical “Whitbread” version that never really existed (as American has always been heavily reliant on the labor of non-white immigrants — but they often were intentionally kept without social standing or political power).

 

In many ways, the right’s abandonment of the “pro-immigration, anti-illegal immigration” false narrative frees liberals to explore more robust, realistic immigration policies that would serve the national interest, recognize the truth of American as a rich and diverse nation of immigrants, and, perhaps most helpfully, sharply reduce the amount of time, effort, and goodwill squandered on ultimately unrealistic and impractical immigration enforcement schemes and gimmicks (see e.g., “The Wall” & “The New American Gulag”). In that context, immigration enforcement could be rationalized and made more efficient to serve the actual national interests rather than the political (and sometimes financial) interests of the far-right nativist minority.

 

Interesting thoughts to ponder.

 

PWS

 

01-17-20

🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!

Kate Brumback
Kate Brumback
Reporter
Associated Press
DEEPTI HAJELA
Deepti Hajela
Reporter
Associated Press, NY
Amy Taxin
Amy Taxin
Reporter
Associated Press

https://apple.news/A9aA4TWFpQoSBoXVeAOv_Rg

By KATE BRUMBACK, DEEPTI HAJELA and AMY TAXIN, THE ASSOCIATED PRESS

In a locked, guarded courtroom in a compound surrounded by razor wire, Immigration Judge Jerome Rothschild waits — and stalls.

A Spanish interpreter is running late because of a flat tire. Rothschild tells the five immigrants before him that he’ll take a break before the proceedings even start. His hope: to delay just long enough so these immigrants won’t have to sit by, uncomprehendingly, as their futures are decided.

“We are, untypically, without an interpreter,” Rothschild tells a lawyer who enters the courtroom at the Stewart Detention Center after driving down from Atlanta, about 140 miles away.

In its disorder, this is, in fact, a typical day in the chaotic, crowded and confusing U.S. immigration court system of which Rothschild’s courtroom is just one small outpost.

Shrouded in secrecy, the immigration courts run by the U.S. Department of Justice have been dysfunctional for years and have only gotten worse. A surge in the arrival of asylum seekers and the Trump administration’s crackdown on the Southwest border and illegal immigration have pushed more people into deportation proceedings, swelling the court’s docket to 1 million cases.

“It is just a cumbersome, huge system, and yet administration upon administration comes in here and tries to use the system for their own purposes,” says Immigration Judge Amiena Khan in New York City, speaking in her role as vice president of the National Association of Immigration Judges.

“And in every instance, the system doesn’t change on a dime, because you can’t turn the Titanic around.”

The Associated Press visited immigration courts in 11 different cities more than two dozen times during a 10-day period in late fall. In courts from Boston to San Diego, reporters observed scores of hearings that illustrated how crushing caseloads and shifting policies have landed the courts in unprecedented turmoil:

–Chasing efficiency, immigration judges double- and triple-book hearings that can’t possibly be completed, leading to numerous cancellations. Immigrants get new court dates, but not for years.

–Young children are everywhere and sit on the floor or stand or cry in cramped courtrooms. Many immigrants don’t know how to fill out forms, get records translated or present a case.

— Frequent changes in the law and rules for how judges manage their dockets make it impossible to know what the future holds when immigrants finally have their day in court. Paper files are often misplaced, and interpreters are often missing.

In Georgia, the interpreter assigned to Rothschild’s courtroom ends up making it to work, but the hearing sputters moments later when a lawyer for a Mexican man isn’t available when Rothschild calls her to appear by phone. Rothschild is placed on hold, and a bouncy beat overlaid with synthesizers fills the room.

He moves on to other cases — a Peruvian asylum seeker, a Cuban man seeking bond — and punts the missing lawyer’s case to the afternoon session.

This time, she’s there when he calls, and apologizes for not being available earlier, explaining through a hacking cough she’s been sick.

But by now the interpreter has moved on to another courtroom, putting Rothschild in what he describes as the “uneasy position” of holding court for someone who can’t understand what’s going on.

“I hate for a guy to leave a hearing having no idea what happened,” he says, and asks the lawyer to relay the results of the proceedings to her client in Spanish.

After some discussion, the lawyer agrees to withdraw the man’s bond petition and refile once she can show he’s been here longer than the government believes, which could help his chances.

For now, the man returns to detention.

. . . .

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

Read the full article at the link.  Yes, there’s lots of blame to go around: Administrations of both parties, an irresponsible Congress, several decades of underfunding and poor management.

But that doesn’t change these simple truths:

  • We have a scofflaw regime that glories in committing “crimes against humanity” directed at migrants;
  • We have a feckless Congress that won’t legislate responsibly as long as “Moscow Mitch” McConnell and his Trump-toady GOP control the Senate;
  • The only branch of Government that could put a stop to this unconstitutional and unconscionable mess is the Article III Federal Judiciary;
  • And, this highly privileged group of jurists, the only public officials I’m aware of with the “protective insulation” of life tenure, has stood by and watched their fellow humans being “thrown to the lions” in this disgraceful display of unconstitutional injustice.

Do your duty Article IIIs and put an end to the EOIR Clown Show! History is recording your failures to act, every day!

Due Process Forever; Clown Courts 🤡 and Their Complicit Enablers, Never!

PWS

01-17-20

THE NDPA STRIKES BACK:  ACLU Sues In DC To End The Regime’s Bogus “Safe Third Country” Abuse Of Human Rights & The Rule Of Law! — Regime’s Actions Could Be Characterized As “Crimes Against Humanity!”

Camilo Montoya-Galvez
Camilo Montoya-Galvez
CBS Journalist

https://apple.news/ALbDFozeyQemj7zT-zO0VUA

 

Camilo Montoya-Galvez reports for CBS News:

 

 ACLU files lawsuit to halt Trump policy of sending asylum-seekers to Guatemala

Washington — The American Civil Liberties Union on Wednesday mounted the first legal challenge against the Trump administration’s policy of sending migrants who seek protection at the U.S.-Mexico border to Guatemala, a country with a skeletal asylum regime that has seen an exodus of hundreds of thousands of its own citizens in the past two years because of extreme poverty and endemic violence.

The lawsuit filed in the U.S. District Court in Washington, D.C., seeks to halt the implementation of a controversial asylum agreement with the Guatemalan government. Under the deal forged last summer, the U.S. has sent more than 150 asylum-seekers from Honduras and El Salvador to Guatemala, denying them access to America’s asylum system and requiring them to choose between seeking refuge in the Central American country or returning home.

The agreement, the ACLU said in its 54-page complaint, amounts to “a deadly game of musical chairs that leaves many desperate asylum-seekers without a safe haven, in violation of U.S. and international law.”

“If this rule remains in effect, it means that the U.S. can completely wash their hands of any responsibility to provide safe haven for people fleeing persecution,” Lee Gelernt, the ACLU’s top immigration litigator, told CBS News. “It would end asylum at the southern border, plain and simple.”

A spokesperson for the Department of Homeland Security told CBS News that while it cannot comment on litigation, “the U.S. Government and the Government of Guatemala remain committed to the asylum cooperative agreement and stand behind the integrity of the program.”

For lead plaintiff, returning home isn’t an option

As of last week, 158 Honduran and Salvadoran migrants have been rerouted by the U.S. to Guatemala, including dozens of families and at least 43 children, according to the Guatemalan migration institute. Nine people initially chose to request protection in Guatemala, but five of them have since abandoned their claims, the institute said. The rest have asked for help returning to their home countries.

The lead plaintiff in the ACLU’s lawsuit is a gay man from El Salvador who was sent by the U.S. to Guatemala after asking for asylum at the southern border. The man, identified only by the initials U.T., says he was sexually abused as a child, disowned by his family because of his sexuality and threatened by a gang member who solicited him for sex in El Salvador.

When he arrived at the U.S.-Mexico border, he was told he would be sent to Guatemala. He told Customs and Border Protection (CBP) officials, who make the initial determination about whether migrants should be subject to the U.S.-Guatemala deal, that he feared being sent to Guatemala. His concerns fell on deaf ears.

He was then referred for an interview with an asylum officer and again expressed fear of persecution in Guatemala. Nonetheless, he was deported to the country shortly afterward.

During these types of interviews, migrants must affirmatively say they fear being sent to Guatemala. Even if they do, they have to meet a fear of persecution threshold that is much higher than that of the typical “credible fear” interviews most asylum-seekers at the southern border are subject to.

The ACLU says the man applied for asylum once in Guatemala, but officials there advised him to seek protection in Mexico instead, since Guatemala is “unsafe for gay people.” The State Department warns of “societal discrimination” and police abuse against LGBTI people in Guatemala.

Returning to El Salvador is not an option for the asylum-seeker, who is currently in Mexico, since he “fears that he will be attacked or killed for his sexual orientation if he tries to live openly as a gay man,” according to the ACLU.

“A way for the U.S. to simply pass the buck”

There are five other individual plaintiffs in the ACLU’s lawsuit, including a woman and two families who were sent to Guatemala by the U.S. The Tahirih Justice Center and Las Americas Immigrant Advocacy Center, two organizations that provide legal services to asylum-seekers, are also named as plaintiffs in the lawsuit — which the National Immigrant Justice Center, Center for Gender & Refugee Studies and Human Rights First joined the ACLU in filing.

The group is asking the court to prohibit officials from enforcing a regulation the administration unveiled in November to implement the Guatemala deal and similar agreements that the U.S. brokered with Honduras and El Salvador which have not yet been implemented. The suit also challenges a U.S. Citizenship and Immigration Services (USCIS) guidance document for asylum officers carrying out the agreement.

The ACLU alleged that both measures violate U.S. statutes designed to prevent officials from sending asylum-seekers to places where they may face persecution and that provide legal safeguards for migrants the government seeks to deport quickly. The group also said the policy violates administrative law, since the administration did not give the public a chance to comment on it and failed to provide “reasoned explanations” for dramatically changing the asylum system at the southern border.

The administration maintains that its agreements with Guatemala and the other countries in Central America’s Northern Triangle will foster the “distribution” of asylum claims among nations in the region and provide protection to migrants “closer to home.” But the ACLU says the so-called “Asylum Cooperative Agreements” represent a dramatic departure from the “safe third country” provision in U.S. law that the administration is using to defend their legality.

In 1996, President Bill Clinton signed into law an act that codified the “safe third country” concept, allowing the U.S. to enter into bilateral or multilateral agreements to send asylum-seekers to third countries, as long as the U.S. government made sure those asylum-seekers would not face persecution based on a protected ground under U.S. asylum law and would have access to a “full and fair” process to request protection in those nations.

Gelernt and his group believe the accords with Guatemala, El Salvador and Honduras violate this law because the countries do not have fully functioning asylum regimes, unlike Canada — the only nation which has an official “safe third country” agreement with the U.S.

“There is no way the administration can plausibly claim that Guatemala can provide a safe, fair and full asylum process. This administration has simply thumbed their nose at Congress,” Gelernt said, noting that Canada, a developed country with a robust asylum system, is a safe place for refugees.

“This is not a way to provide people with a fair asylum process but a way for the U.S. to simply pass the buck,” he added.

Guatemala has experienced moderate economic growth since the end of a bloody civil war in the 1990s, but it continues to grapple with high homicides rates, drug trafficking, political instability and widespread poverty, especially among its large indigenous communities in the Western highlands of the country. Only about 262 migrants sought refuge in Guatemala in 2018, according to the United Nations.

The ACLU also noted in its lawsuit that the Trump administration hasn’t publicly revealed any designations certifying that the Northern Triangle countries have the capacity to take in migrants rerouted there by the U.S., despite a requirement that such a certification be included in the government regulation to enforce the asylum agreements.

Sweeping implications for asylum-seekers

All three agreements the U.S. made last year suggest that they could grant the U.S. the power to reroute most asylum-seekers from any country in the world, barring a few exceptions, like unaccompanied children, to Central America. The ACLU underscored the sweeping nature of the deals in its suit, saying that in practice, the U.S. could send asylum-seekers from Afghanistan to one of the Northern Triangle countries, even if they did not travel through there to get to the U.S. southern border.

The administration believes it can include “all populations” in the agreements, and it recently announced it was planning to send Mexican asylum-seekers to Guatemala. The move sparked scathing criticism at home and abroad, with Mexico’s government objecting to the proposal.

Unlike migrants from Honduras and El Salvador, Mexican asylum-seekers do not travel through Guatemalan territory to reach the U.S.-Mexico border. A plan to subject Mexicans to the U.S.-Guatemala accord could, in practice, lead to the U.S. flying a Mexican asylum-seeker from Tijuana, San Diego’s neighboring city, some 1,500 miles away, asking her to seek protection in Guatemala.

How Guatemala continues to implement its “Asylum Cooperative Agreement” with the Trump administration will now be decided by conservative government of President Alejandro Giammattei, who took office on Tuesday.

The asylum agreements with countries in Central America are part of a series of policies the administration rolled out over the past year to restrict asylum at the U.S.-Mexico border. These also include a sweeping rule that renders most non-Mexican migrants ineligible for asylum and the Migrant Protection Protocols program, which has required more than 57,000 asylum-seekers from Central America to wait in dangerous Mexican border cities for the duration of their U.S. immigration proceedings.

First published on January 15, 2020 / 4:19 PM

© 2020 CBS Interactive Inc. All Rights Reserved.

 

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

The bogus “Safe Third Country Agreements” with Guatemala, El Salvador, and Honduras, clearly unsafe countries without functioning asylum systems, in violation of U.S. and international laws, are daunting acts of malicious fraud. This fraud is undertaken, in the open, by a neo-fascist regime that has contempt for humanity and human rights, believes itself above the law, and has no fear of being held accountable by the Federal Courts or Congress (notwithstanding Trump’s impeachment).

 

The regime’s unlawful fraudulent actions are defended in court by DOJ lawyers who believe the obligation of truthfulness before tribunals and other ethical requirements simply don’t apply to them. And, that’s probably with good reason.

 

The Trump regime has been peddling lies, false narratives, and bad faith legal arguments to the Federal Courts, all the way up to the Supremes, for nearly three years now with no consequences to the lawyers or their political clients. Indeed, Wilbur Ross lied under oath in the “Census Case,” but continues to be the Secretary of Commerce; to my knowledge, the Government lawyers who tried to present, defend, and rationalize. Ross’s census fraud are still on the payroll. A few Supremes even voted to sweep it all under the rug. It took an unusual display of backbone by Chief Justice Roberts to prevent the fraud from being perpetrated on American voters, particularly targeting voters of color.

 

Private lawyers who conducted themselves in a similar manner would likely be facing state disciplinary proceedings. A private executive who lied under oath like Ross probably would have been referred for a perjury prosecution or held in contempt of court.

 

But, Federal Judges, who are used to giving U.S. government lawyers pretty much a “free pass,” don’t seem to “get” that they are now dealing with a willfully corrupt, thoroughly dishonest, neo-fascist regime, not “just another Administration.”

 

When the laws, rules, and our Constitution don‘t apply to our Government, and nobody is held accountable for outrageous official wrongdoing (arguably “crimes against humanity” in the “Safe Third Country Fraud”) we all lose!

 

Due Process Forever! Complicity In The Face Of Tyranny, Never!

 

PWS

 

01-16-20

BAD NEWS FOR TEX. GOV. “GREG THE BIGOT” ABBOTT: U.S. District Judge Blocks Trump’s Illegal Anti-Refugee Order — But, Will Often Complicit Appellate Courts Uphold The Rule Of Law Or “Toady Up” To The Trump Regime’s White Nationalist Agenda?

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal
Brent Kendall;
Brent Kendall
Legal Affairs Reporter
Wall Street Journal;

https://www.wsj.com/articles/federal-judge-blocks-trump-executive-order-on-refugees-11579108138?emailToken=575893ec6fe4b185f88708c59e175ef6CwUCcHqk/fEL6ReRFZZtuTxDwMXs7aS/qFBj8SMDh/g7NCEloF0znbPD48wkR6yiC0BZsPXe7V5mlXkbIptEUFTrxSHC0xOnxMYTwzWXscuGXaA/C7v5DN5I0vAE+Hef&reflink=article_email_share

Brent Kendall and Michelle Hackman report for the WSJ:

A fed­eral judge in Mary­land blocked Pres­i­dent Trump’s ex­ec­u­tive or­der giv­ing state and lo­cal gov­ern­ments the abil­ity to say no to hav­ing refugees placed in their com­mu­ni­ties.

U.S. Dis­trict Judge Pe­ter J. Mes­sitte is­sued a pre­lim­inary in­junc­tion Wednes­day that barred the ad­min­is­tration from im­ple­ment­ing the pres­i­dent’s or­der. He said refugee-re­set­tle­ment or­ga­ni­za­tions that sued to chal­lenge the pol­icy “are clearly likely to suc­ceed in show­ing, that, by giv­ing states and lo­cal gov­ernments veto power over the re­set­tle­ment of refugees within their bor­ders, the or­der is un­law­ful.”

Giv­ing states the power to de­ter­mine whether refugees will be re­ceived “flies in the face of clear con­gres­sional in­tent,” Judge Mes­sitte, a Clin­ton ap­pointee, said in the opin­ion.

. . . .

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

Those with WSJ access can read the complete article at the above link.

This “victory” might be little more than symbolic for refugee advocates. In an unprecedented action, the Trump Administration has slowed the flow of legal refugees to a trickle and could simply use the “bureaucratic veto” to prevent any more from coming, as they have gotten away with in other areas.

Certainly, this should give lie to the Trump Administration’s inevitable argument to Federal Appeals Courts that this is an “emergency” requiring them to intervene prior to the completion of District Court proceedings. But, up until now, neither law nor reality has been much of a factor when it comes to the Supremes, and sometimes the Circuits, going “belly up” and allowing the regime to run roughshod over human lives and the rule of law in the immigration and refugee areas. 

Chief Justice Roberts wonders why the judiciary is treated with contempt by the regime and is losing respect from the large majority of the legal community not subservient to Trump. The answer is all too often pretty obvious.

Per MKL, Jr.:Injustice anywhere is a threat to justice everywhere.” It’s an important message that all too many Federal Judges and other (supposedly responsible) public officials seem to have forgotten in the “Age of Trump” and his corrupt and overtly White Nationalist regime.

PWS

01-15-20

WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!

yhttps://www.washingtonpost.com/world/the_americas/the-us-is-putting-asylum-seekers-on-planes-to-guatemala–often-without-telling-them-where-theyre-going/2020/01/13/0f89a93a-3576-11ea-a1ff-c48c1d59a4a1_story.html

Kevin Sieff
Kevin Sieff
Latin American Correspondent, Washington Post

Kevin Sieff reports from Guatemala for WashPost:

By

Kevin Sieff

Jan. 14, 2020 at 4:21 p.m. EST

GUATEMALA CITY — The chartered U.S. government flights land here every day or two, depositing Honduran and Salvadoran asylum seekers from the U.S. border. Many arrive with the same question: “Where are we?”

For the first time ever, the United States is shipping asylum seekers who arrive at its border to a “safe third country” to seek refuge there. The Trump administration hopes the program will serve as a model for others in the region.

But during its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next.

When the migrants land in Guatemala City, they receive little information about what it means to apply for asylum in one of the hemisphere’s poorest countries. Those who don’t immediately apply are told that they must leave the country in 72 hours. The form is labeled “Voluntary Return.”

 

“In the U.S., the agents told us our cases would be transferred, but they didn’t say where. Then they lined us up to get on the plane,” said a woman named Marta, 43, from Honduras. She sat in a migrant shelter here with her 17-year-old son, who nursed a gunshot wound in his left cheek — the work, both say, of a Honduran faction of the MS-13 gang.

“When we looked out the window, we were here,” she said. “We thought, ‘Where are we? What are we supposed to do now?’ ”

After the volcano, indigenous Guatemalans search for safer ground — in Guatemala, or the United States

Human rights organizations in Guatemala say they have recorded dozens of cases of asylum seekers who were misled by U.S. officials into boarding flights, and who were not informed of their asylum rights upon arrival. Of the 143 Hondurans and Salvadorans sent to Guatemala since the program began last month, only five have applied for asylum, according to the country’s migration agency.

 

“Safe third country” is one of the Trump administration’s most dramatic initiatives to curb migration — an effort to remake the U.S. asylum system. President Trump has called it “terrific for [Guatemala] and terrific for us.”

But an Asylum Cooperation Agreement is bringing migrants to a country that is unable to provide economic and physical security for its own citizens — many of whom are themselves trying to migrate. In fiscal 2019, Guatemala was the largest source of migrants detained at the U.S. border, at more than 264,000. The country has only a skeletal asylum program, with fewer than a dozen asylum officers.

Trump wants border-bound asylum seekers to find refuge in Guatemala instead. Guatemala isn’t ready.

As the deal was negotiated, it drew concerns from the United Nations and human rights organizations. But its implementation, advocates say, has been worse than they feared.

“It’s a total disaster,” said Thelma Shau, who has observed the arrival of asylum seekers at La Aurora International Airport in her role overseeing migration issues for Guatemala’s human rights ombudsman.

“They arrive here without being told that Guatemala is their destination,” she said. “They are asked, ‘Do you want refuge here or do you want to leave?’ And they have literally minutes to decide without knowing anything about what that means.”

pastedGraphic_4.png

President Trump and first lady Melania Trump meet in the Oval Office last month with then-President Jimmy Morales of Guatemala. (Jabin Botsford/The Washington Post)

The Guatemalan government says that it explains asylum options and that migrants are simply choosing to leave voluntarily.

“Central American people are given comprehensive attention when they arrive in the country, and respect for their human rights is a priority,” said Alejandra Mena, a spokeswoman for Guatemala’s migration agency. “The information provided is complete for them to make a decision.”

In Guatemala, lenders that were supported by USAID and the World Bank are now funding illegal migration.

The Department of Homeland Security did not respond to requests for comment. The United States has signed similar “safe third country” agreements with El Salvador and Honduras, but they have not yet been implemented. In recent days, Trump administration officials have said they are considering sending Mexican asylum seekers to Guatemala to seek refuge.

Human rights groups in Guatemala that have observed the process say migrants here are not given key information about their options — such as what asylum in Guatemala entails and where they would stay while their claims are being processed. Many migrants are aware that Guatemala suffers from the same gang violence and extortion that forced them from their home countries.

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Migrants from Guatemala disembark from a raft in Ciudad Hidalgo, Mexico, in June. (Rebecca Blackwell/Associated Press)

Paula Arana observed the orientation as child protection liaison for the human rights ombudsman.

“It’s clear that the government is not providing enough information for asylum seekers to make a decision, especially in the three minutes they are given,” she said. “Instead, they are being pushed out of the country.”

The United States had suggested that it would begin implementing the agreement by sending single men to Guatemala. But less than a month after it began, families with young children are arriving on the charter flights. Last week, Arana said, a 2-year-old arrived with flulike symptoms.

On Thursday, a man named Jorge, 35, his wife and two daughters, ages 11 and 15, landed here. A day later, they were clustered together at the Casa del Migrante, a shelter in Guatemala City where government officials took them in a bus. They had been given the papers with 72 hours’ notice to leave Guatemala, and couldn’t figure out what to do.

The family had fled multiple threats from gangs in Honduras, which started with an interpersonal dispute between Jorge’s wife and one of the gang’s leaders. Jorge was certain that going back would mean certain death. Like Marta, Jorge did not want his last name to be published out of fear for his family’s safety.

“We’re thinking about our options. We know we can’t stay here. What would I do? Where would we stay?” he said. “Maybe we need to try to cross to the United States again.”

In western Guatemala, cultivating coffee was once a way out of poverty. As prices fall, growers are abandoning their farms for the United States.

The Office of the U.N. High Commissioner for Refugees is not participating in the program. But officials say they’re aware of problems with its implementation.

“UNHCR has a number of concerns regarding the Asylum Cooperation Agreement and its implementation,” said Sibylla Brodzinsky, UNHCR’s regional spokeswoman for Central America and Mexico. “We have expressed these concerns to the relevant U.S. and Guatemalan authorities.”

 

Human rights advocates who have interviewed the asylum seekers, known locally as “transferidos,” say many have decided that their best option is to migrate again to the United States. Smugglers often offer their customers three chances to make it across the border.

Migrants at the Casa del Migrante described spending a week in Immigration and Customs Enforcement custody in the United States, where they had intended to make their asylum claims. Many carried binders full of evidence they assumed would bolster their cases. On her phone, Marta saved avideo of her son being tortured by MS-13 gang members.

But in their brief conversations with U.S. immigration officials, they were told they would not be given a chance to apply for asylum in the United States.

“We had all this information to show them,” Marta said, leafing through photos of her son’s scars and Honduran court documents. “They said, ‘That’s not going to help you here.’ ”

This school aims to keep young Guatemalans from migrating. They don’t know it’s funded by the U.S. government.

In interviews with The Washington Post, some migrants said they were told vaguely that their cases were being “transferred.” Others were told they were going to be returned to their countries of origin.

“One agent told me, ‘You’re going back to Honduras,’ ” Marta said. But then they arrived in Guatemala City.

“When we looked out the window, we just assumed it was a stop,” her son said.

Marta thought Guatemala might be even more dangerous. They had no connection to the country and nowhere to stay beyond their first few days. When she left the migrant shelter to buy food Friday morning, she said, she stumbled upon a crime scene with a dead body a few blocks away.

During their nine-day detention at an ICE facility in Texas, she said, the family shared a cell with a Guatemalan family that was fleeing violence perpetrated by a different MS-13 group based here.

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Agronomy students, some hooded, block a street outside a Guatemala City hotel before lawmakers voted on the deal that made Guatemala a “safe third country” for migrants seeking asylum in the United States. (Oliver De Ros/Associated Press)

“Why would they send us to a country where the same gangs are operating?” she asked.

 

In the absence of a thorough explanation of their asylum rights in Guatemala, El Refugio de la Niñez is offering a short tutorial to the asylum seekers. So far, 45 have attended.

“The Guatemalan government is completely absent in this whole process,” said Leonel Dubon, the director of the U.N.-funded center. “It sends a clear message. The government isn’t here to offer shelter, it’s here to push people out as quickly as possible.”

The Trump administration negotiated the “safe third country” agreement last year with lame-duck Guatemalan President Jimmy Morales.

As Guatemala pursues war criminals, a dark secret emerges: Some suspects are living quiet lives in the U.S.

Guatemala’s constitutional court initially blocked the deal. Then Trump threatened tariffs on the country and taxes on remittances sent home by Guatemalans living in the United States. It was eventually signed in July.

The new Guatemalan president, Alejandro Giammattei, was sworn in Tuesday. He has raised concerns about the agreement, saying he hadn’t been briefed on its details.

At the signing ceremony, Trump said it would “provide safety for legitimate asylum seekers, and stop asylum fraud and abuses [of the] system.”

U.S. asylum officers do not vet the cases of migrants before they are sent to Guatemala.

In her brief conversations with U.S. immigration agents, Marta tried to get them to look at her binder full of documents and photos.

“They weren’t interested,” she said. “They just kept saying that your case will be transferred to an institution that can handle it.”

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

Kevin writes about a tragically absurd situation that seems to have fallen “below the radar screen” of public outrage or even discourse. This is wrong! Most days I can’t believe that the county that I proudly served for more than 35 years is engaging in this type of abusive behavior that would be below the level of even some Third World dictatorships.

And, it isn’t just “occasional abuse” — it’s systemized, institutionalized abuse and dehumanization on a global and regular basis — all approved or de facto enabled by feckless and spineless Federal Appellate Courts, all the way up to the Supremes! These are folks who should know better and really have no other meaningful function in our “separation of powers” system other than to protect our individual rights. Authoritarian governments and dictators hardly need “courts” to enforce their will, even if some find it useful to “go through the motions” of creating and employing complicit “judges.” As one of my Round Table colleagues succinctly put it “there appears to be no bottom!”

Clearly, the “Safe Third Country” exception was never intended by Congress, nor does the statutory language permit it, to be used to “orbit” asylum applicants to some of the most dangerous refugee sending countries in the world with thoroughly corrupt governments and non-existent asylum systems. So, why does the Trump regime have confidence that it can and will get away with these atrocities? Because they believe, correctly so far, that the Article III Federal Courts, many of them now stacked with Trump’s hand-selected “toady judges,” are afraid to stand up to tyranny and protect the rights of desperate, mostly brown-skinned, asylum seekers.

Obviously, from an institutional standpoint, the Article III Courts are saying:

 “Who cares what happens to a bunch of brown-skinned foreigners. Let ‘em die, rot, or be tortured. Human rights, due process, and human dignity simply don’t matter when they don’t affect us personally, financially, or socially. That’s particularly true because the results of our abuses are taking place, thankfully, in foreign nations: out of sight, out of mind. Not our problem.”

Apparently, many Americans agree with this immoral and illegal approach. Otherwise, the “black robed, life tenured ones” would be pariahs in their communities, churches, and social interactions. They wouldn’t be offered those cushy teaching positions at law schools or a chance to expound before public audiences.

But, not speaking out against bad judges and not insisting on integrity and courage in the Article III courts could ultimately prove fatal for all of our individual rights. Judges who use their privileged positions to turn a blind eye to the oppression of others, particularly the most vulnerable humans among us, and the catastrophic failure of the rule of law and Due Process in  the U.S. immigration system can hardly be expected to stand up for the individual rights of any of us against Government oppression. 

After all, why should an exulted Federal Appellate Judge or a Supreme Court Justice care about what happens to you, unless your blood is about to spatter his or her pristine black robe? Many of those supportive of or complicit in Trump’s tyranny will personally experience the costs of a feckless Federal Judiciary when their “turn in the barrel” comes. And, the Trump regime’s list of those who’s “lives and rights don’t matter” is very, very long and continually expanding.

All I can say now is that some day, the full truth about what happens to those unlawfully and immorally turned away at our borders will “out.” Then, many Articles III judges will try to disingenuously protect their reputations by saying, similar to many judges of the Third Reich, “Gee, who knew,” or “I was powerless,” or “It was a political problem beyond our limited jurisdiction.”

My charge to the New Due Process Army: Don’t let the complicit judges get away with it in the “Court of History.” You see, know, and experience first-hand every day the results of Article III judicial complicity. Don’t ever forget what those judges have done and continue to do to human lives from their protected and “willfully clueless” ivory towers! Ultimately, you aren’t as powerless as the “complicit ones” think you are!

Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!

PWS

01-14-20 

  

TRAC: EVEN AS REGIME MOVES TO UNLAWFULLY “ZERO OUT” ASYLUM GRANT RATES, HUGE DISPARITIES REMAIN – Two Of Top Five Asylum Deciding Courts – New York & San Francisco – Appear To Be Maintaining Due Process With Substantial Majority of Asylum Cases Being Granted – Many Others Appear To Be “Tanking” Under Regime’s Pressure To Deny & Deport!

Transactional Records Access Clearinghouse

Asylum Decisions Vary Widely Across Judges and Courts – Latest Results

FOR IMMEDIATE RELEASE

TRAC’s judge-by-judge asylum decision reports are now updated through FY 2019. These reports examine 179,848 asylum decisions across 59 immigration courts. A total of 456 individual reports are available on Immigration Judges who made at least 100 decisions from FY 2014 to FY 2019.

To visualize this unique data in an easy-to-understand format, TRAC created an infographic which shows court denial rates, judge denial rates, and sizes of caseload for all judges included in the reports. This depicts the extent to which asylum decisions vary widely across judges and courts. This graphic is available in the report and also as a downloadable PDF file.

The geographic distribution of asylum cases across immigration courts is highly uneven. Just five immigration courts – New York, Los Angeles, San Francisco, Houston, and Miami – decided half of all asylum cases. Although just over 60 percent of all asylum applications were denied in this period, slightly less than half of applications – just 49 percent – in the top five courts were denied. This is mostly due to the balancing effect of comparably low denial rates in New York (26%) and San Francisco (30%) in contrast to much higher denial rates in Houston (92%) and Miami (86%) and a more moderate denial rate in Los Angeles (71%).

Twelve immigration courts accumulated denial rates above 90%. Atlanta denied over 97 percent of over 2,000 asylum applications, Las Vegas denied 93 percent of its 2,000 applications, and Conroe denied 92 percent of just over 850 applications. In contrast, only seven immigration courts deny less than 50 percent of cases: Newark (49%), Phoenix (48%), Chicago (47%), Boston (42%), Honolulu (31%), San Francisco (30%), and New York (26%).

View the entire report at:

https://trac.syr.edu/immigration/reports/590/

For the individual judge-by-judge reports go to:

https://trac.syr.edu/immigration/reports/judgereports/

Additional free web query tools which track immigration court proceedings have also been updated through November 2019. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

Follow us on Twitter at

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
http://trac.syr.edu

 

 

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So, this is how a feckless Congress and complicit Article III courts are allowing Due Process to be trampled in America – life or death decisions being made in an arbitrary and capricious manner in a broken, dysfunctional, and clearly unconstitutional system. Wonder how legislators and judges would like it if their lives were being decided by “throwing darts at a board.”

 

It‘s what passes for “justice” in the “Age of Trump” and the ”Era of Complicity.” But, it’s still an entirely preventable national disgrace! And, a personal disaster for those whose lives are lost or irreparably damaged by U.S. Government misfeasance and malfeasance across the Executive, Legislative, & Judicial Branches!

Due Process Forever; Fecklessness & Complicity In the Face Of Tyranny Never!

 

PWS

01-13-20

ROGER ALGASE @ ILW.COM: How The Trump Regime’s Gross Immorality, Inhumanity, & Illegality Have Replaced America’s Moral Leadership On The World Stage!

Roger Algase
Roger Algase
Immigration Attorney
New York, NY

https://clicks.aweber.com/y/ct/?l=BXLvi&m=fxzs.sAL1oeaGWA&b=YSYqSh1DOxFOlVXvkRos2A

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ImmigrationLawBlogs started a blog post As asylum-seeker kills himself at the border, leading Jewish cleric condemns administration’s inhumanity toward desperate immigrants. Meanwhile, Trump ramps up hate for 2020 election By Roger Algase

01-10-2020, 09:08 AM

Update: January 11 1:42 pm:

For another viewpoint on the urgency of defeating Trump’s politics of hate against immigrants and other minorities in he upcoming election this November, see Kristian Ramos in The Hill (January 11):

We can’t let ‘white nativism’ politics cloud 2020 election

We can’t let ‘white nativism’ politics cloud 2020 election

Update: January 11 at 9:15 am:

Two late-breaking January 10 news stories show that Trump and his Republican allies are ramping up the hate against legal non-European immigrants in preparation for this November’s election.

The Washington Post reports that Texas has become the first state to bar resettlement of refugees under Trump’s executive order giving them the authority to do so. Admission to the UIS of legal refugees this year is already at an historic low under the agenda of Trump and Miller. Miller reportedly didn’t want to any refugees at all to be admitted this year.

For more on this latest show of bigotry by Texas Republican governor Greg Abbot, see:

https://www.washingtonpost.com/immigration/2020/01/10/texas-becomes-first-state-publicly-reject-refugees-under-trump-order

On the same day, The Guardian reports that Trump is planning to add unspecified additional countries to his infamous Muslim ban order.

https://www.theguardian.com/us-news/2020/jan/10/trump-travel-ban-expansion

Both of these developments, which involve barring legal immigrants whose ethnicity or religion doesn’t happen to fit in with Trump’s avowed goal of admitting only immigrants from “Countries like Norway” and with Miller’s goal (expressed in almost 1,000 recent emails) of taking America’s immigration system back to the openly racist 1924 regime (which Adolf Hitler expressed so much admiration for in Mein Kampf) show that exploiting and stirring up more hate against nonwhite immigrants, including those eligible to come to the US legally, will be the order of the day for Trump’s re-election campaign.

My earlier comment follows below:

While the media remain focused on Donald Trump’s apparently now-abandoned threat to commit a war crime by blowing up cultural heritage sites in Iran, as an end result of his dehumanizing 2017 Muslim Ban order; or on the travesty that Senate Republicans are planning in order to “acquit” Trump of cravenly timid Democratic impeachment charges which entirely ignore his High Crimes and Misdemeanors against the basic human rights of nonwhite immigrants, what could very arguably be considered a Crime Against Humanity that the Trump administration is carrying out against desperate asylum seekers at the Mexican border in service of Stephen Miller’s white supremacist agenda is growing worse and worse.

The Guardian reports on January 9 that an obviously desperate Mexican asylum-seeker killed himself on the international bridge after being refused entry to the United States.

https://www.theguardian.com/world/2020/jan/09/mexico-asylum-seeker-refused-us-entry

This may be less surprising than it seems in light of the appalling, inhuman conditions that legitimate asylum seekers fleeing gang violence and other life-threatening conditions in Central America are forced to endure as a result of Trump’s racist and inhuman (as well as almost certainly illegal) “Remain in Mexico” asylum policy. See Vox (December 20, 2019):

In camps on the US-Mexico border, asylym-seekers have been abandoned

https://www.vox.com/policy-and-politics/2019/12/20/20997299/asylum-border-mexico-us-io,-unhcr-usaid-migration-international-humanitarian-aid-m…

See also: Slate:

Trump’s tent cities are on the verge of killing immigrant children

https://slate.com/news-and-politics/2019/12/trump-tent-cities-mpp-killing-immigrant-children.html

This horrendous display of inhumanity by the Trump administration as led to a protest by a leading Jewish religious leader, Arnold Eisen, Chancellor of the Jewish Theological Seminary (in New York City) America’s leading institution for the Conservative branch of Judaism against what he calls America’s failure to carry out its moral obligation toward desperate asylum seekers and immigrants and other immigrants. See, The Hill, January 9:

https://the hill.com/opinion/immigration/477577/-our-moral-obligation-to-us-migrants-and-asylum-seekers

After visiting overcrowded immigrant border shelters , an ICE detention center and an asylum hearing courtroom along with other Jewish clergy, Eisen writes:

“What we saw was profoundly sobering. The predicament of those trapped at the Mexican border looks increasingly bleak as the federal government enacts more restrictive policies in the name of protecting Americans from the alleged invasion.”

Eisen then explains what motivated him to write:

“When people asked me why I was making this journey, my answer was simple: ‘Because I am a Jew.’ My grandparents arrived in this country seeking a better life, in some cases fleeing pogroms and persecutions, and the Torah’s command to care for the stranger summons me in a voice I dare not ignore. The Bible tells us that Jews are not permitted to stand by in the face of suffering and injustice.”

He then explains that this is not only a Jewish issue.:

“But the crisis at the border is a non-denominational issue and it should be non-partisan.” 

Unfortunately, in today’s America, the crisis caused by the Trumps administration’s egregious violations of essential human rights of nonwhite immigrants is anything but non-partisan. One party is blindly following its Leader into making hatred of non-European immigrants, both legal and “irregular”, as the centerpiece of its agenda, while the other party’s leaders are too cowardly to mount an effective defense of immigrants’ human rights which are being trampled on.

Ironically, the driving force of this agenda of anti-immigrant persecution, Stephen Miller, is also the grandchild of a Jewish immigrant. What kind of understanding of the Jewish heritage of care and compassion for the suffering of the stranger in our midst is he showing?

And how much understanding of this tradition of essential humanity does Miller’s boss Donald Trump, who claims to be a great friend of Israel and the Jewish people, show in his immigration policy, which includes drastic measures against even the most highly skilled and educated legal immigrants, not only asylum seekers and unauthorized immigrants?

Roger Algase

Attorney at Law

Last edited by ImmigrationLawBlogs; 01-11-2020, 01:43 PM.

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Unfortunately, for America and the world, Roger has it pegged exactly right. Humanity, compassion, decency, and equal justice for all have disappeared from U.S. foreign and domestic policy under Trump. That’s the essence of a White Nationalist kakistocracy. And, as Roger also recognizes, there is more than a little anti-semitism and racism mixed in and driving these policies. It just so happens that Hispanics and folks with brown skins are the current “target of the day.”  

But, actually, nobody is safe in the “Age of Trump” as his sycophants and supporters have found out (see., e.g., Jeff “Gonzo Apocalypto” Sessions, Kristjen Nielsen, Steve Bannon, John Bolton, Michael Cohen, et al.). The only thing or person that Donald Trump has ever cared about is (surprise): Donald Trump. Everybody else, including our nation, the environment, and world civilization, is expendable.

I also appreciate Roger’s “outing” of bigoted Texas Gov. Greg Abbott for his ridiculous and disingenuous attempt to “bar” refugee resettlement in Texas. For the record, quite contrary to Abbott’s racist whining, few states have benefitted more than Texas from migrants, whether they be refugees, asylum recipients, documented, or undocumented.  See, e.g., https://www.americanimmigrationcouncil.org/research/immigrants-in-texas

In the “race to the bottom,” never count out Donald Trump and his GOP stalwarts!

PWS

01-13-20

AILA POLICY BRIEFING: EOIR Still Playing “Hide The Ball” On Tent Court Access!

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA
Leidy Perez-Davis
Leidy Perez-Davis
Policy Counsel
AILA

20011061-AILA Policy Briefing

Policy Brief: Public Access to Tent Courts Now Allowed, but Meaningful Access Still Absent January 10, 2020

Contact: Laura Lynch (Llynch@aila.org) or Leidy Perez-Davis (LPerez-Davis@aila.org)

In September 2019, the U.S. Department of Homeland Security (DHS) opened massive temporary tent facilities in Laredo and Brownsville, Texas, that function as virtual immigration courtrooms for vulnerable asylum seekers subject to Remain in Mexico. During the hearings, asylum seekers are held in tents at the ports of entry while judges appear remotely via video teleconference (VTC).

Unlike in other immigration courts, the government barred attorney observers, press, and the public from accessing these facilities, in violation of U.S. Department of Justice (DOJ) regulations requiring immigration hearings to generally be open to the public. Access to the tent courts is critical to ensuring due process, and AILA, along with several other organizations and numerous members of Congress, repeatedly voiced concerns about the lack of transparency. In response, and after months of public demand for access, the Wall Street Journal reported on December 29, 2019, that DHS directed component agencies to open the tent courts to the public.1

The DHS acknowledgement that transparency is both necessary and required is a vital first step toward upholding due process in tent courts. However, thus far, DHS and DOJ have operationalized this directive in a way that fails to allow meaningful access to the tent court facilities and imposed new hurdles to transparency by assigning immigration judges from the Ft. Worth Immigration Adjudication Center.

Tent Court Access Prior to December 29, 2019, Public Access Announcement

When DHS initially opened the tent courts in September 2019, it allowed only asylum seekers and their attorneys of record into the facilities. At one time, even support staff for attorneys of record such as interpreters and paralegals were restricted from entering the tents, though they were later allowed to accompany the attorneys. Attorney observers, press, and members of the public were categorically barred from the tent facilities while hearings were taking place. Representatives from AILA and other court observers were permitted to observe Master Calendar Hearings and Individual Merits Hearings only at the brick-and-mortar courtrooms where the judges appearing by VTC were located. However, remote observation is not an adequate substitute for access to the tent courts because observers are not able to assess how the proceedings are operating from the vantage point of the individual respondent, who is the most gravely impacted by these proceedings.

1 “In an effort to ensure consistency, clarity, and transparency, the acting secretary directed [component agencies] to formalize guidance for public access to these facilities, consistent with immigration courts across the country.” – DHS spokeswoman, Heather Swift. See Michelle Hackman, Wall Street Journal, U.S. Opens Immigration ‘Tent Courts’ to Public, Dec. 29, 2019.

1

Laredo and Brownsville Tent Court Setup from September 2019 through December 2019

Laredo Tent Court Brownsville Tent Court
Laredo tent court proceedings, including both Master Calendar Hearings and Individual Merits Hearings, were conducted via VTC by immigration judges located at the brick-and-mortar San Antonio immigration court, which is nearly 200 miles away. Brownsville tent court proceedings, including both Master Calendar Hearings and Individual Merits Hearings, were conducted by immigration judges located at the Harlingen and Port Isabel immigration courts, as well as the El Paso SPC, which is nearly 800 miles away from the Brownsville tent court.
  • ●  Respondents appeared in person at the Laredo tent court.
  • ●  Immigration judges from the San Antonio Immigration Court appeared via VTC.
  • ●  Attorneys of record appeared either (1) at the Laredo tent court or (2) via VTC from the San Antonio brick-and-mortar courtrooms.
  • ●  ICE trial attorneys located at the San Antonio Immigration Court appeared via VTC.
  • ●  Interpreters interpreted remotely from the San Antonio Immigration Court.
  • ●  Witnesses appeared either (1) at the Laredo tent court or (2) via VTC from the San Antonio brick-and-mortar courtrooms.
  • ●  Court observers were only permitted to observe Master Calendar Hearings and Individual Merits Hearings at the brick-and-mortar courts
  • ●  Respondents appeared in person at the Brownsville tent court.
  • ●  Immigration judges from Harlingen, Port Isabel, or El Paso SCP appeared via VTC.
  • ●  Attorneys of record appeared either (1) at the Brownsville tent court or (2) via VTC from the immigration judge location.
  • ●  ICE trial attorneys appeared via VTC from the immigration judge location.
  • ●  Interpreters interpreted remotely from the immigration judge location.
  • ●  Witnesses appeared either (1) at the Brownsville tent court or (2) via VTC from the immigration judge location.
  • ●  Court observers were only permitted to observe Master Calendar Hearings and Individual Merits Hearings at the brick-and-mortar courts.

Tent Court Access After December 29, 2019, Public Access Announcement

Master Calendar Hearings

Reports indicate that members of the press and public have been permitted to observe Master Calendar Hearings at the Brownsville and Laredo tent court facilities, in addition to the brick-and-mortar courts where the judges sit. However, this access has not been consistent with access allowed at other immigration courts across the country. For example, Master Calendar Hearings are generally open to the public, but in the tent courts, DHS personnel dictate particular Master Calendar Hearings the public is permitted to observe. Reporters and court observers have encountered other logistical hurdles, such as DHS prohibiting pens and notepads in the tents, which impede their ability to accurately observe and document the hearings.

Access to Individual Merits Hearings2

DOJ and DHS recently imposed significant new barriers that block the public’s ability to observe Individual Merits Hearings taking place at the Laredo and Brownsville tent courts. DOJ recently began assigning individual merits hearings to the Ft. Worth Immigration Adjudication Center (IAC) judges. The Ft. Worth IAC opened in October 2018 and is a remote-only facility that is closed to the public.3 Immigration judges

2 In order to observe asylum hearings, court observers need to obtain permission from the Respondent. See EOIR Immigration Court Practice Manual, Chapter 4.9, Public Access.
3 For more background information about IACs, please see the following materials: AILA’s Policy Brief: FOIA Reveals EOIR’s Failed Plan for Fixing the Immigration Court Backlog, Feb. 21, 2019 (pgs. 4-5); The American Bar

2

AILA Doc. No. 20011061. (Posted 1/10/20)

stationed at these centers adjudicate cases from around the country via VTC. The public has not been permitted to observe hearings at the IAC. Previously, court observers have been able to watch IAC proceedings by video in courtrooms where the respondent and ICE attorney are located.

However, reports indicate that DHS has blocked access to Individual Merits Hearings at the tent courts. If that continues, it would mean that there is no location for court observers or the media to watch the Individual Merits Hearings of respondents in tent courts assigned to IAC judges. For example, an AILA member reported earlier this week that DHS prevented her client’s adult son who is a lawful permanent resident from attending his mother’s Individual Merits Hearing at the Brownsville tent court that was assigned to a judge located at the Ft. Worth IAC. The son was initially permitted to enter the hearing in the tent court because he was listed as a witness in the case. Once the hearing started, the AILA member informed the immigration judge that she did not intend to call the son as a witness and would instead rely on his declaration. Despite empty chairs in the hearing room, security made the son sit in the waiting area for the duration of the hearing because the policy does not permit observers to attend Individual Merits Hearings.

At best, utilizing Ft. Worth IAC immigration judges to adjudicate Individual Merits Hearings at tent courts introduces additional operational complexities. At worst, it will block all public access. See below for more information on how using IAC judges to adjudicate hearings at the tent courts is functioning. AILA is still gathering additional information.

Merits Hearings at Brownsville Tent Court Adjudicated by IAC Judges

  • ●  Respondents appear in person at the Brownsville tent court.
  • ●  Immigration judges from the Ft. Worth IAC appear via VTC.
  • ●  Attorneys of record appear at the Brownsville tent court.
  • ●  ICE trial attorneys from an unknown location appear via VTC.
  • ●  Interpreters interpret in person at the Brownsville tent court.
  • ●  Witnesses appear in person at the Brownsville tent court.
  • ●  AILA is still gathering more information on whether DHS and DOJ are

taking steps to facilitate court observers’ access to these hearings.

What Don’t We Know?

DHS and DOJ’s lack of transparency continues to create chaos for court observers at these two tent courts. Below are a few of the many key outstanding questions regarding access to the tent court facilities.

  • DHS indicated that it has developed formal guidance on public access to tent court facilities but has not yet shared this guidance publicly. Will DHS share this guidance with the public?
  • What steps are DHS and DOJ taking to ensure meaningful public access to observe both Master Calendar Hearings and Individual Merits Hearings conducted at the tent court facilities, consistent with access allowed at other immigration courts across the country?
  • In situations where immigration judges from an IAC are assigned to adjudicate Individual Merits Hearings at the tent courts, how will DOJ facilitate public access? Does DOJ have plans to open the IACs to the public in the future?

Association’s 2019 Update Report, Reforming the Immigration System (pgs. 81-82); and The American Immigration Council Blog, The Judicial Black Sites the Government Created to Speed Up Deportations, Jan. 7, 2019.

3

AILA Doc. No. 20011061. (Posted 1/10/20)

 

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Shouldn’t surprise anyone familiar with EOIR’s “Trump Era” user unfriendly policies, misinformation, xenophobia, and anti-Due-Process agenda.

 

I appreciate “NDPA superstars” Laura and Leidy keeping “on” this story. But, with Congress and the Article III courts taking a “pass” on their Constitutional functions (but, still collecting their paychecks), those “true patriots” like Laura and Leidy defending our Constitution and trying to preserve our democratic institutions face constant unnecessary “uphill battles” because of the dereliction duty by those charged with protecting the public good.

 

Due Process Forever!

 

 

PWS

 

01-11-20

VIRGINIA HEFFERNAN @ LA TIMES: Yes, Trumpism Is a Cult: “To see Trumpism as a cult is not to refuse to engage with its effects, the crimes committed in its name or the way it has awakened and emboldened the cruelest and most destructive beliefs and practices in the American playbook.”

Virginia Heffernan
Virginia Heffernan
American Journalist & Author

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=c7eff502-0fc6-4c15-a5a9-4fd8adb62bb5

Trumpism deserves to be called a cult

VIRGINIA HEFFERNAN

The comparisons have come hard and fast, at least since 2015. Trump is like Silvio Berlusconi, like Adolf Hitler, like Boris Johnson. A 2018 film called “The Trump Prophecy” took the evangelical route, comparing Trump to Cyrus the Great, the 6th century BC Persian monarch chosen by God to free Jewish captives in Babylon.

But maybe it’s time to stop searching for the exact analogy for Trump, be he Cyrus or Boris, Adolf or a Silvio. What demands analysis is less the arrogant 73-year-old mediocrity in the Oval Office, but the worshipful attitude so many Americans have toward him.

A lot of nut jobs have peddled lies to Americans before, and even styled themselves as messianic. But at no time in history have so many Americans been drawn to what’s looking increasingly like a cult. I don’t use the term recklessly.

When Steven Hassan, an expert in cults and an ex-Moonie (as in the Unification Church, founded by a Korean businessman, the Rev. Sun Myung Moon), published “The Cult of Trump” last spring, some reviewers objected to his use of the cult framework as incendiary and not all that useful.

Indeed, for Trump critics to call his admirers cult members might be just another salvo in our nasty political warfare. It’s similar to the Trump psychologizing over the years that often doubles as name-calling: He’s a baby, a psychopath, a stone-cold narcissist.

The discourse around cults partakes of some woolly theories. “Mind control” and “brainwashing” are shibboleths from the 1950s, when the coinages were used to describe what Chinese Communists did to convert freethinkers to their cause. The implicit suggestion is that unsavory ideas and ideologies can only win adherents using extreme and witchy measures.

All that put me off the notion of Trumpism as a cult. But then in August, Trump looked heavenward and called himself “the chosen one.”

Suddenly, among evangelicals, it wasn’t enough to make comparisons with Cyrus or even King David. He had to be the savior himself. The far-right radio host Wayne Allyn Root called Trump “the second coming of God.” Then former Energy Secretary Rick Perry straight up affirmed Trump’s craziness, telling him, “You are here in this time because God ordained you.”

As 2019 drew to a close, my doubts about Trumpism as a cult dissolved. And I’m not alone.

Republican lawyer George Conway reportedly described his wife, Trump’s presidential counselor Kellyanne Conway, as a member of a cult. Former GOP strategist John Weaver has used the term. Anthony Scaramucci, Trump’s onetime communications director, concurs. Also news vet Dan Rather, conservative political scientist Norman Ornstein, science journalist Steve Silberman, pastor John Pavlovitz and academic and journalist Jared Yates Sexton.

What the cult diagnosis may lack in scholarly rigor, it makes up for in explanatory power. When polled, far too many Republicans come across as having abandoned their commitment to libertarianism, family values or simple logic in favor of Trump worship. They’re lost to paranoia and factually unmoored talking points, just the way Hassan was lost to Sun Myung Moon.

It can be heartbreaking when loved ones succumb to Trumpism. (It’s a double whammy when your grief is dismissed as liberal tears.) A true believer undergoes a “radical personal change,” as Hassan puts it. The person you once knew seems somehow … not there.

Journalists Luke O’Neil and Edwin Lyngar, as well as Jen Senko in “The Brainwashing of My Dad,” have compiled stories of Americans who have gone over. O’Neil summarized the transformation this way: “A loved one … sat down in front of Fox News, found some kind of deep, addictive comfort in the anger and paranoia, and became a different person.”

Sounds about right.

Hassan — who remembers, during his Moonie days, shouting, “I don’t care if Moon is like Hitler. I’ve chosen to follow him, and I’ll follow him to the end” — broke free, and became an expert on cults and how to leave them. He has spent his career proving it’s possible.

To see Trumpism as a cult is not to refuse to engage with its effects, the crimes committed in its name or the way it has awakened and emboldened the cruelest and most destructive beliefs and practices in the American playbook. Instead, the cult framework should relieve the pressure many of us feel to call Trumpites back to themselves, to keep arguing with them. They are stuck in a bad relationship with a controlling figure.

Understanding Trump is a fool’s errand. He’s sui generis, and far too erratic and finally insubstantial to reward close attention. Trump zealots are another matter. They are part of the tradition of radical converts in American history who elected to forfeit their authentic personalities and principles rather than refine or strengthen them. We need to stay focused on how so many Americans came to this pass and took this destructive course. The Trump cult will define American politics for decades to come, even after its dear leader is gone.

Twitter: @page88

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Heffernan’s analysis leads to the conclusion that it’s naive for Dems to keep wishing, hoping, and thinking that they can just speak truth and advance facts and thereby expect Trump’s followers to wake up, discover decency,  and suddenly embrace humanity and rationality again. 

No, the way the Democratic majority takes back the White House is by making sure that they get maximum turnout among the majority of Americans not enthralled by Trump and, particularly, that they fight through concerted GOP voter suppression efforts to appeal to, register, and get out the many new and younger voters who don‘t identify with Trump’s dark, White Nationalist view of America and the unfailingly false, cruel, and negative values that he so arrogantly projects to his cult followers.

PWS

01-11-20

KNIGHT INSTITUTE CHALLENGES EOIR’S MUZZLING OF IMMIGRATION JUDGES ON 1ST AMENDMENT GROUNDS – See The Letter Here!

 

https://knightcolumbia.org/content/knight-institute-calls-on-dojs-executive-office-for-immigration-review-to-suspend-policy-silencing-immigration-judges

 

PRESS STATEMENT

Knight Institute Calls on DOJ’s Executive Office for Immigration Review to Suspend Policy Silencing Immigration Judges

In a letter, the Institute argues that the agency’s policy, which it recently obtained through a FOIA request, violates the First Amendment

JANUARY 06, 2020

WASHINGTON — In a letter sent today to the acting director of the Justice Department’s Executive Office for Immigration Review (EOIR), the Knight First Amendment Institute at Columbia University demanded that the agency suspend its policy restricting the ability of EOIR employees to speak at public events. That policy, Institute lawyers argued, violates the First Amendment by unduly abridging the right of immigration judges and other EOIR employees to speak in their personal capacities about matters of significant public interest.

The Knight Institute recently obtained a copy of the EOIR’s policy through a Freedom of Information Act request. That FOIA request was submitted as part of a major investigation the Institute’s writer-in-residence Cristian Farias is leading on free speech restrictions at the U.S. border.

The policy categorically prohibits certain senior EOIR employees from speaking at public events in their personal capacities, and it requires all other EOIR employees to obtain supervisory approval before doing so.

“There is immense public interest in recent changes to immigration policy, and the effects those changes are having on migrant communities,” said Ramya Krishnan, a staff attorney at the Knight Institute. “EOIR’s policy deprives the public of a crucial voice in that debate, by silencing those charged with operating the nation’s immigration courts.”

The Knight Institute’s constitutional objections to the EOIR policy come in the midst of an ongoing conflict between U.S. immigration judges—who are EOIR employees—and the U.S. government. Some immigration judges have been critical of Trump administration policies that they say interfere with their independence, such as case-completion quotas, and the administration is now attempting to decertify the union that represents the judges. A hearing in that decertification proceeding is scheduled to begin tomorrow.

“Federal employees don’t relinquish their First Amendment rights when they begin working for the government,” said Stephanie Krent, a legal fellow at the Knight Institute. “Limits on federal-employee speech must be tailored to speech that would be genuinely disruptive, but this policy is anything but. It sweepingly suppresses protected speech without any apparent justification.”

Read the Knight Institute’s letter and the EOIR policy here.

For more information, contact: Lorraine Kenny, Knight First Amendment Institute, lorraine.kenny@knightcolumbia.org, (646) 745-8510.

 

 

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Click the above link in the press release to see the letter to EOIR Director McHenry.

 

Given the absolute Due Process disaster in Immigration Court and the total dysfunctional mess that the “malicious incompetents” at DOJ and EOIR so-called “management” have made out of an already troubled system, it’s perfectly understandable why EOIR doesn’t want any public scrutiny or the truth to come out.

 

However, given the regime’s complete disregard of the Constitution, the rule of law, and sound public policy in areas from immigration to the environment to voting rights, etc., I wouldn’t hold my breath for EOIR to change their unconstitutional and “just plain dumb” policies. Hopefully, the Knight Institute has the resources to take this to the “real” courts and, perhaps, even to Congress in better times.

 

But, to date, a divided Congress with “Moscow Mitch” in the driver’s seat and the higher-level Article IIIs have shown little interest in applying the Constitution or insisting on compliance with laws when it’s only the rights and lives of immigrants, particularly brown skinned ones from south of our border, involved. That’s particularly interesting, and not just a little discouraging, because very few members of the Article III Judiciary are Native Americans; almost all descend from immigrants and many of their ancestors would not have been allowed to come here or would not have survived under the types of stereotyping and invidious, unconstitutional discrimination unleashed by Trump and his minions. The ability to see yourself in the situation of other humans should be a requirement for any Article III judge! Obviously, it hasn’t been, or at least not to a sufficient extent, in the past.

 

So far, the Article IIIs Appellate Courts have bent over backwards to demonstrate just how aggressively out of touch they are with humanity and the everyday individual rights of Americans, whether citizens or non-citizens, entitled to protection under our laws.

 

Unfortunately, the “failure of courage and dereliction of Constitutional responsibility” among the Article III Appellate Judiciary is a problem that will continue to plague whatever is left of America and our institutions even after Trump and his kakistocracy are gone from the scene.

 

At some point, maybe legal education in American has to focus on a larger problem: educating a future judiciary with an overriding commitment to ethics, courage to stand up for individual rights, and the integrity to “just say no” to tyranny, inhumanity, wanton cruelty, and constant Executive overreach!

 

We can’t change what has happened, but we can learn from our failures.

 

Due Process Forever!

 

PWS

 

01-10-19

HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”

Clyde W. Ford
Clyde W. Ford
American Author

https://www.latimes.com/opinion/story/2020-01-07/great-race-passing-trump

Ford writes:

OPINION

Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’

 

By CLYDE W. FORD

JAN. 7, 2020

 

3:01 AM

The images horrify.

On the banks of the Rio Grande, a child floats lifelessly, her arm around her father, both drowned while trying to cross from Mexico into the United States. Refugees crossing the Mediterranean from Africa into Europe regularly drown. A Honduran mother dragging children flees from tear gas at the U.S. border. Children in cages.

The policies terrify. A border wall. Family separation. The purgatory of waiting for asylum in a third country.

In December, the Washington Post reported that U.S. Immigration and Customs Enforcement wants to use migrant children in detention as bait. Adults who show up to claim them would be targeted for arrest and deportation.

The words incite fear. “Bad hombres.” “Rapists.” “Criminals.” “Shithole countries.” When uttered by a U.S. president, they carry even greater weight.

Britain, Poland, Italy, the United States. Around the world, countries once proud of welcoming immigrants seem determined to find ever more devious ways to keep them out. Are these signs of a newly ascendant nationalism? Or the last gasps of existential fear?

The worldwide immigration crisis — and the racism apparently driving it — can trace its roots in part to a century-old book, Madison Grant’s “The Passing of the Great Race.”

In publishing a centenary edition of the 1916 work, white nationalist Ostara Press praised the book as a “call to American whites to counter the dangers both from non-white and non-north Western European immigration.” Grant proposed a “Nordic race,” loosely centered in Scandinavia, as principally responsible for human social and cultural development. He feared immigration and intermarriage would dilute this race, dooming it to extinction.

Grant’s fears of his “great race” passing are very much alive today.

The Southern Poverty Law Center’s ongoing study of emails sent by Stephen Miller to Breitbart News in the lead-up to the 2016 presidential election document his affinity for white nationalism. Miller, an architect of the Trump administration’s immigration policies, lauds former President Calvin Coolidge for signing the Immigration Act of 1924, which hardened non-white immigration and eased white immigration from Western Europe. It also established the U.S. Border Patrol, the predecessor of Customs and Border Protection and ICE.

Grant’s writing is credited as part of the inspiration for the creation and passage of that 1924 Act. Hitler called Grant’s book, “my bible.” Grant’s ideas defined apartheid. His book fueled the U.S. eugenics movement.

Eugenics is a pseudoscience of race that seeks to breed and maintain a “Nordic stock” of human beings, while culling undesirables — blacks, Jews, Asians, South Americans, homosexuals, the physically and mentally ill, and others — through measures ranging from forced sterilization to death.

In Grant’s day, eugenics attracted the rich and famous — Carnegies, Rockefellers, and the Kelloggs of Corn Flakes fame. Eugenicist Margaret Sanger, founder of Planned Parenthood, saw birth control work as eliminating “human weeds” and Alexander Graham Bell presided over the scientific directors of the Eugenics Records Office, a research institute in Cold Spring Harbor, N.Y.

Eugenics is very much in vogue among white nationalists and far-right groups worldwide, though refashioned now into broader conspiracies like “replacement theory,” which originated in France with the writings of Renaud Camus and proposes that U.S. and European whites are being intentionally “replaced” through low birth rates and liberal immigration policies.

“We can’t restore our civilization with somebody else’s babies,” tweeted U.S. Rep. Steve King (R-Iowa) in 2017. A gunman in Norway who murdered 80 people in 2011 portrayed the act as a defense of the Nordic race from the scourge of Islamic immigration. Similar “replacement theory” fears influenced mass shooters in Christchurch, Pittsburgh, El Paso and Charleston.

Surprisingly, Grant was as an early conservationist who saw in the fate of endangered species — the moose, the buffalo, the redwood tree — a similar fate awaiting his “Nordics.” He helped establish the U.S. National Park system. Modern-day environmental and climate movements have roots in Grant’s work, leading to a convoluted, bizarre specter:

The U.S. and European countries that Grant lauded manufacture the “greenhouse gases” threatening the environment that Grant sought to protect. Meanwhile, the climate crisis produces refugees from countries that Grant abhorred, seeking shelter in countries with draconian immigration policies that Grant helped to create.

Yet Grant was right. His “great race” is passing. Studies cite 2050 as the tipping point, when U.S. whites will become a statistical minority, and most Americans will be people of color. Whether crafted in overtly racist language or couched in covertly racist immigration policies, fear of the “great race” passing is used to win elections, cling to power, manipulate public opinion and grow organizational membership.

Immigrants built America. This new wave is no different. They are the face of the future, deserving new lives in a country that helps them succeed.

Yes, the “great race” is passing. Good riddance. And we should turn to finding ways to help everyone accept this inevitability — and thrive from it.

Clyde W. Ford is the author of “Think Black,” a memoir about his father, the first black software engineer in America.

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Like those who were behind or “went along to go along” with horrible parts of our history like Dred Scott, Plessy v. Ferguson, the Chinese Exclusion Laws, or Jim Crow, Trump’s supporters and enablers eventually will have much to answer for in the “court of history.”

“Fake news.” “alternative facts,” false narratives, and internet myths might be gospel to Breitbart, Fox News, GOP sycophants, and Trump voters, but eventually, particularly in an age of information and documentation, “truth will out.” And, it won’t be pretty for the “Modern Day Jim Crows” any more than it was for the segregationists and other racists who preceded them.

PWS

01-10-20

 

FRANK RICH @ NY MAGGIE: TRUMP TOADIES WILL FACE A RECKONING — “With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it . . . .”

Frank Rich
Frank Rich
Writer-At-Large
NY Magazine

http://nymag.com/intelligencer/2020/01/what-will-happen-to-trumps-republican-collaborators.html

What Will Happen to The Trump Toadies? Look to Nixon’s defenders, and the Vichy collaborators, for clues.

By Frank Rich

@frankrichny

pastedGraphic.png

Photo: Getty Images

This article was featured in One Great Story, New York’s reading recommendation newsletter. Sign up here to get it nightly.

Irony, declared dead after 9/11, is alive and kicking in Trump’s America. It’s the concepts of truth and shame that are on life support. The definition of “facts” has been so thoroughly vandalized that Americans can no longer agree on what one is, and our president has barreled through so many crimes and misdemeanors with so few consequences that it’s impossible to gainsay his claim that he could shoot someone on Fifth Avenue and get away with it. Donald Trump proves daily that there is no longer any penalty for doing wrong as long as you deny everything, never say you’re sorry, and have co-conspirators stashed in powerful places to put the fix in.

No wonder so many fear that Trump will escape his current predicament scot-free, with a foregone acquittal at his impeachment trial in the GOP-controlled Senate and a pull-from-behind victory in November, buoyed by a booming economy, fractious Democrats, and a stacked Electoral College. The enablers and apologists who have facilitated his triumph over the rule of law happily agree. John Kennedy, the Louisiana senator who parrots Vladimir Putin’s talking points in his supine defense of Trump, acts as if there will never be a reckoning. While he has no relation to the president whose name he incongruously bears, his every craven statement bespeaks a confidence that history will count him among the knights of the buffet table in the gilded Mar-a-Lago renovation of Camelot. He is far from alone.

If we can extricate ourselves even briefly from our fatalistic fog, however, we might give some credence to a wider view. For all the damage inflicted since Inauguration Day 2017, America is still standing, a majority of Americans disapprove of Trump, and the laws of gravity, if not those of the nation, remain in full force. Moral gravity may well reassert its pull, too, with time. Rather than being the end of American history as we know it, the Trump presidency may prove merely a notorious chapter in that history. Heedless lapdogs like Kennedy, Devin Nunes, and Lindsey Graham are acting now as if there is no tomorrow, but tomorrow will come eventually, whatever happens in the near future, and Judgment Day could arrive sooner than they think. That judgment will be rendered by an ever-more demographically diverse America unlikely to be magnanimous toward cynical politicians who prioritized pandering to Trump’s dwindling all-white base over the common good.

All cults come to an end, often abruptly, and Trump’s Republican Party is nothing if not a cult. While cult leaders are generally incapable of remorse — whether they be totalitarian rulers, sexual Svengalis, or the self-declared messiahs of crackpot religions — their followers almost always pay a human and reputational price once the leader is toppled. We don’t know how and when Donald Trump will exit, but under any scenario it won’t be later than January 20, 2025. Even were he to be gone tomorrow, the legacy of his most powerful and servile collaborators is already indelibly bound to his.

Whether these enablers joined his administration in earnest, or aided and abetted it from elite perches in politics, Congress, the media, or the private sector, they will be remembered for cheering on a leader whose record in government (thus far) includes splitting up immigrant families and incarcerating their children in cages; encouraging a spike in racist, xenophobic, and anti-Semitic vigilantes; leveraging American power to promote ethnic cleansing abroad and punish political opponents at home; actively inciting climate change and environmental wreckage; and surrendering America’s national security to an international rogue’s gallery of despots.

That selective short list doesn’t take into account any new White House felonies still to come, any future repercussions here and abroad of Trump’s actions to date, or any previous foul deeds that have so far eluded public exposure. For all the technological quickening of the media pulse in this century, Trump’s collaborators will one day be viewed through the long lens of history like Nixon’s collaborators before them and the various fools, opportunists, and cowards who tried to appease Hitler in America, England, and France before that. Once Trump has vacated the Oval Office, and possibly for decades thereafter, his government, like any other deposed strongman’s, will be subjected to a forensic colonoscopy to root out buried crimes, whether against humanity or the rule of law or both. With time, everything will come out — it always does. With time, the ultimate fates of those brutalized immigrant and refugee families will emerge in full. And Trump’s collaborators, our Vichy Republicans, will own all of it — whether they were active participants in the wrongdoing like Jared Kushner, Stephen Miller, Kirstjen Nielsen, Mike Pompeo, and William Barr, or the so-called adults in the room who stood idly by rather than sound public alarms for the good of the Republic (e.g., Gary Cohn, John Kelly, Rex Tillerson), or those elite allies beyond the White House gates who pretended not to notice administration criminality and moral atrocities in exchange for favors like tax cuts and judicial appointments (from Mitch McConnell and Paul Ryan to Franklin Graham and Jerry Falwell Jr.).

. . . .

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Read the rest of Rich’s article at the link.

“Tomorrow will come, eventually.” Yup!

Just yesterday, the usually reliable “Trump Toadies” Sen. Mike Lee (R-UT) and Rand Paul (R-KY) were whining and sputtering upon learning what toadyism really means after being “treated like Democrats” during an insulting and clownish “after the fact briefing” on Iran. https://www.cnn.com/2020/01/09/politics/impeachment-watch-january-8/index.html .

But, that moment of lucidity and outrage will pass quickly, and they will undoubtedly rejoin their colleagues like Sen. Marco Rubio (R-FL), Sen. Teddy Cruz (R-TX), Sen. John “Vladimir” Kennedy (R-LA), Lindsey “Braindead” Graham (R-SC), and the rest of the “Party of Putin” in groveling before their Clown-in-Chief.

I would include the Article III judges who tanked in the face of tyranny and failed to protect the legal and human rights of the most vulnerable in the list of those whose misdeeds, spinelessness, and complicity in the face of tyranny eventually will be “outed.”

PWS

01-09-20