“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

 

Catherine writes @ WashPost:

 

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

 

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

Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

 

PWS

11-15-19

 

 

MICHAEL GERSON @ WASHPOST: THE “TRULY TRUMPIAN MEN” SYMBOLIZE THE GOP’S DESCENT INTO WHITE NATIONALISM AND DISHONESTY:  “Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/stephen-miller-and-jim-jordan-give-us-a-taste-of-the-truly-trumpian-man/2019/11/14/e187e8b8-0725-11ea-b17d-8b867891d39d_story.html

Across the years of a presidential administration, the churn of politics and policy brings certain men and women to the top of U.S. politics. The past few days have demonstrated the paths to preferment and influence in the Trump years.

First is the case of Stephen Miller, a senior adviser to President Trump and the administration’s unofficial liaison to the alt-right world.

Miller is best known as the prime mover behind the Muslim travel ban and the main opponent of any political compromise involving compassion for Dream Act “dreamers.” Now, with the release of a trove of emails sent to Breitbart writers and editors in 2015 and 2016 (soon before Miller became a Trump administration official), we get a glimpse of Miller’s inspirations and motivations. In response to the massacre of nine black churchgoers by a white nationalist in 2015, Miller was offended that Amazon removed merchandise featuring the Confederate flag and was concerned about the vandalization of Confederate monuments. Miller encouraged attention at Breitbart to a “white genocide”-themed novel, featuring sexualized violence by refugees. He focused on crime and terrorism by nonwhites as the basis for draconian immigration restrictions. He complained about the “ridiculous statue of liberty myth” and mocked the “national religion” of “diversity.” He recommended and forwarded stories from a range of alt-right sources.

All this is evidence of a man marinated in prejudice. In most presidential administrations, a person with such opinions would be shown the White House exit. But most of Miller’s views — tenderness for the Confederacy, the exaggerated fear of interracial crime, the targeting of refugees for calumny and contempt — have been embraced publicly by the president. Trump could not fire his alt-right alter ego without indicting himself. Miller is safe in the shelter of his boss’s bigotry.

Second, there is Rep. Jim Jordan (R-Ohio), the tireless, tendentious, often bellowing chief defender of Trump during the impeachment hearings.

Jordan is not, of course, alone in his heroic sycophancy. GOP Reps. Devin Nunes (Calif.), Mark Meadows (N.C.) and others try to equal him. Together they update Alexander Pope: Fools rush in where Mick Mulvaney and Rudy Giuliani fear to tread.

But Jordan has mastered the art of talking utter rubbish in tones of utter conviction. His version of the events at the heart of the impeachment inquiry? Rather than committing corruption, Trump was fighting corruption. Military assistance was suspended, in Jordan’s telling, while the president was deciding whether Ukrainian President Volodymyr Zelensky was “legit” in his determination to oppose corruption. When Trump found that Zelensky was the “real deal,” the aid was released.

This is a bold but flimsy lie, of the type Trump has made common. Why, in this scenario, would Trump try to secure specific commitments from Zelensky to investigate former vice president Joe Biden and his son Hunter, and to examine Trump’s conspiracy theory about Ukrainian influence in the 2016 election? Are we supposed to believe that Trump employed these as random, theoretical examples of corruption that a worthy, crime-fighting leader would root out? And was the release of U.S. aid just two days after Congress was notified about the whistleblower report a coincidence as well?

Jordan asks us not to accept additional facts but to live in a substitute reality. Almost everyone who participated in these events — both professional staff and political appointees — has affirmed that Trump was employing leverage to secure his political objectives. It is the plain meaning of the reconstructed transcript of Trump’s call to Zelensky.

But none of this matters to Jordan or his colleagues. Consistency and coherence are beside the point. Their objective is not to convince the country; it is to maintain and motivate the base, and thus avoid Trump’s conviction in the Senate. The purpose is not to offer and answer arguments but to give partisans an alternative narrative. And the measure of Jordan’s success is not even the political health of his party (which is suffering from its association with Trump); it is the demonstrated fidelity to a single man.

The elevation of Trump to the presidency has given prominence to a certain kind of follower and permission for a certain set of social values. Bolsheviks once talked of creating the New Socialist Man. Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

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

Let’s hear that again:

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

Yup!

This also confirms what we already knew about Miller’s “role model,” his former boss and White Nationalist nativist “mentor’ Jeff  “Gonzo Apocalypto” Sessions. He’s someone who should have been disowned by the GOP ages ago and who has demonstrated “beyond a reasonable doubt” his total unfitness too hold public office!

PWS

11-15-19

SENATE REPORTS “OUTS” WHITE NATIONALIST REGIME’S VILE ATTACK ON ASYLUM SYSTEM, WHILE HOUSE FINALLY SCHEDULES LONG-OVERDUE OVERSIGHT OF “LET ‘EM DIE IN MEXICO” PROGRAM!

 

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://www-m.cnn.com/2019/11/14/politics/merkley-asylum-report/

Priscilla Alvarez Reports for CNN:

(CNN)The Trump administration’s immigration policies have taken a toll on some of the officers tasked with carrying them out, according to a scathing report by Democratic Sen. Jeff Merkley.

The 81-page report released Thursday compiles whistleblower accounts and media reports to provide an overview of the administration’s crackdown on migrants seeking asylum in the United States and attempts to curb migration to the southern border.

In one email, dated August 12, 2019, and obtained by Merkley’s office, an asylum officer denounced one of the administration’s policies as “clearly designed to further this administration’s racist agenda of keeping Hispanic and Latino populations from entering the United States.” The email was first reported by The Washington Post.

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<img alt=”Trump administration proposes rule that would deny work permits to some asylum seekers” class=”media__image” src=”//cdn.cnn.com/cnnnext/dam/assets/190813111158-ken-cuccinelli-presser-uscis-081219-large-169.jpg”>

Trump administration proposes rule that would deny work permits to some asylum seekers

The officer was referring to the so-called Migrant Protection Protocols program, which requires some migrants to stay in Mexico for the duration of their immigration proceedings. The program is being challenged in court, but has been allowed to proceed for the time being.

It’s not the first time asylum officers have expressed frustration over the program, which advocates argue puts migrants, many of whom are from Central America, in harm’s way.

In June, the union representing US asylum officers asked a federal court to end the policy, saying the directives are “fundamentally contrary to the moral fabric of our Nation and our international and domestic legal obligations.”

Merkley’s report, titled “Shattered Refuge,” emphasizes the frustrations held by some officials in the administration who are responsible for carrying out its policies and raises alarm over departmental actions that it alleges exacerbated the crisis at the southern border.

The report included details about:

  • Six pregnant women in Customs and Border Protection custody were sent back to Mexico in May to await their immigration proceedings despite being several months pregnant, according to whistleblowers. The report cites a letter the American Civil Liberties Union directed to the Department of Homeland Security inspector general in September elevating concerns about the placement of pregnant women in the Migrant Protection Protocols program.
  • The former head of the US Citizenship and Immigration Services asylum division, John L. Lafferty, was pushed out by then-acting Director Ken Cuccinelli. Whistleblowers perceived this to be “the result of acting as a committed, civil servant who played it by the book,” according to the report.
  • In April, US Citizenship and Immigration Services moved to raise the standard for credible-fear screenings, the first step in the asylum process. A lawsuit was filed in June challenging the change.
  • The Trump administration assigned CBP agents to conduct credible fear interviews in what appeared to be an attempt to curb the number of asylum applicants, the report states. (More than 50 Border Patrol agents are conducting credible fear screenings, according to USCIS. As of October 2019, Border Patrol agents have completed around 2,000 credible fear determinations.)
  • The report states that limiting entry at CBP ports of entry, a practice known as “metering,” has led to long wait lines and put migrants at heightened risk.

“America should be a land of hope and refuge — the place President Reagan called a shining city on a hill. We’ve seen the betrayal of that vision by the Trump administration’s intentional infliction of trauma on children and families as a warning to others to stay away,” Merkley said in a statement. “Their draconian actions were so contrary to American values and law that at least one whistleblower felt they could not morally or legally carry out their orders.”

The Trump administration has argued that the nation’s immigration system has incentivized people to journey to the southern border. President Donald Trump directed the Justice Department and DHS in April to propose regulations to staunch the flow of migrants, many of whom claim to be seeking asylum in the United States.

Within the last week, USCIS, an immigration agency within DHS, has rolled out proposed changes that would deny work permits to asylum seekers who cross the border illegally and apply a charge to asylum applications, among other things. Immigrant advocates and lawyers have pushed back on the proposed regulations, arguing that the rules penalize a swath of migrants who are seeking refuge in the United States.

Merkley’s report acknowledges the proposed changes to the asylum system and also resurfaces documents that found the controversial policy that led to the separation of thousands of families at the US-Mexico border was intended to deter migrants from coming to the border. It also reflects on the overcrowding at CBP facilities over the summer.

Here’s the information on the House Oversight hearings of “Let ‘Em Die In Mexico,” dishonestly referred to by DHS as the “Migrant Protection Protocols” (“MPP”): 

EXAMINING THE HUMAN RIGHTS AND LEGAL IMPLICATIONS OF DHS’ ‘REMAIN IN MEXICO’ POLICY

DATE: Tuesday, November 19, 2019

Add to my Calendar

TIME: 10:00 AM

LOCATION: 310 Cannon House Office Building

SUBCOMMITTEE: Border Security, Facilitation, & Operations (116th Congress)

ISSUE: Border Security & Immigration

Video

Check back for live video of this hearing.

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

Make no mistake about it, the bogus MPP never had anything whatsoever to do,with “protecting” migrants! No, it was designed specifically to harm (kill on some occasions), punish, and “deter” asylum applicants from exercising their rights under U.S. and international law. 

PWS

11-14-19

BENEATH THE TRUMP ADMINISTRATION’S LIES: LET’S SEE WHAT’S REALLY HAPPENING IN EL SALVADOR: “We don’t hear that what’s happening at the border is a symptom of the real crisis in El Salvador and other countries in the Northern Triangle of Central America.”

Meghan E. Lopez
Meghan E. Lopez
Head of Mission
International Rescue Committee
El Salvador

Yesterday my colleague Frank Mc Manus updated you on the escalating crisis in Yemen. Today, I wanted to share what’s happening in El Salvador — and why your help is needed now.

The threat to women and girls is real. It is frightening. And it must not go unnoticed any longer.

Our teams at the IRC supports women and girls around the world, including in El Salvador. Donate now to help us provide women and girls and entire families in need with lifesaving support.

In the States, we often don’t hear much about El Salvador aside from it being the country of origin for many asylum seekers at the border. We don’t hear that what’s happening at the border is a symptom of the real crisis in El Salvador and other countries in the Northern Triangle of Central America.

El Salvador is one of the world’s most violent and deadly places, similar to those of active war zones. The high level of violence is largely due to organized crime and rampant gang activity — and it’s what drives people to flee for their lives. Here are some startling facts:

 

  • In 2018, one woman was murdered every 20 hours.
  • There were more than 9.2 homicides per day.
  • Approximately 10 people each day disappear.

 

My teams on the ground are seeing that it’s teenage girls who are particularly vulnerable to sexual violence from state, civilian and criminal entities. They are also being forced into becoming “gang girlfriends,” which is essentially sex slavery so they can protect their families.

We are helping women and girls and their families in El Salvador in many ways. We run an online platform called CuentaNos.org which has become a lifeline. It provides information for people during moments of crisis or while on the move in El Salvador, and soon in Honduras and Guatemala as well. We provide emergency cash assistance to help people find shelter and safety when they most need it and a crisis referral service to help people connect directly with the support they need, all the while working to improve those services that our partners provide.

The IRC provides support in many places facing emergencies around the world. You can help women and girls in the places where we work, including in El Salvador, by making a lifesaving gift today.

Thank you so much for giving your attention to this often forgotten crisis.

My very best,

Meghan Lopez
Head of Mission
IRC El Salvador

 

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

So why are we not only returning vulnerable women, children, and families to El Salvador, but, outrageously, also trying to send asylum applicants from other countries there, even though the Administration knows full well:

 

  • It isn’t “safe,” by any definition;
  • It’s a hellhole where gangs, narcos, and corrupt government officials aligned with them are in control of much of the country;
  • It doesn’t even have a functioning asylum system; and
  • It can’t protect and support its own population, let alone tens of thousands of refugees from other countries that the U.S. intends to “outsource” there.

These outrageous shams are some of the “proud legacy” that folks like “Big Mac With Lies” leave behind. And the new DHS honchos, Wolf and “Cooch Cooch,” have promised to be even more cruel, racist, and scofflaw.

Remember the truth and the facts the next time you hear a dishonest Trump official falsely claim that the only reason folks are fleeing for their lives is to take advantage of “loopholes” in US. law.

 

PWS

11-13-19

 

 

NIGHTMARE ON 1st ST., NE: AS SUPREMES APPEAR SEARCHING FOR WAY TO “STICK IT TO” DREAMERS, TRUMP’S OBSESSION WITH REMOVING LONG-TIME UNDOCUMENTED INDIVIDUALS REMAINS HIGHLY UNPOPULAR!

Chantal Da Silva
Chantal Da Silva
Senior Reporter
Newsweek

https://apple.news/AVLJN2Lt1SD-o5h81B1pQqw

Chantal Da Silva reports for Newsweek:

Most Americans Want Undocumented Immigrants To Be Able To Stay Legally 

November 12, 2019

The majority of Americans believe it is important for the U.S. to establish a way for most undocumented immigrants in the country to remain here legally, a new study has found.

The revelation from the Pew Research Center’s findings, which were published on Tuesday, comes as the Supreme Court deliberates over whether the Trump administration can legally end the Deferred Action for Childhood Arrivals (DACA) program.

Under the DACA program, nearly 800,000 undocumented immigrants brought to the U.S. by their parents have been allowed to live and work in the country.

Related Stories

Will Donald Trump Be Able to End DACA? Decision Heads to Supreme Court

However, the Trump administration has sought to bring the program to an end, a bid which was temporarily blocked by courts and which will now be brought before the Supreme Court this week.

According to the Pew Research Center’s findings, two-thirds of Americans (67 percent) said it was “very or somewhat important” for the U.S. to establish a way for “most immigrants in the country illegally to remain her legally.” 

While support for a pathway for undocumented immigrants to remain in the U.S. fell largely along party lines, nearly half (48 percent) of Republican and Republican-leaning participants said they were in favor of the idea. 

Meanwhile, 82 percent of Democrats and Democratic-leaning independents said they felt it was an important goal. 

In addition to establishing a route for most undocumented immigrants to be able to remain in the U.S., Americans also expressed support for taking in refugees fleeing war and violence.

Seventy-three percent of the 9,895 respondents who were surveyed between September 3 and 15 said they felt it was important for the U.S. to take in refugees, with Republicans showing greater support for that goal than in previous years. 

In 2016, Pew said, just 40 percent of Republicans identified admitting refugees as an important initiative. This year, however, a majority of Republicans (58 percent) said they supported that goal.

While the majority of Americans were in favor of both of the above initiatives, they also expressed support for strengthening security along the U.S.-Mexico border, with 68 percent of participants in favor of that goal. 

Around 9 in 10 Republicans (91 percent) said they were in favor of increasing security at the border, while about half of Democrats and Democratic-leaning respondents (49 percent) said they believed it was an important bid. 

The apparent divide between Republicans and Democrats is also significant when it comes to increasing deportations of immigrants unauthorized to be in the U.S. 

Roughly eight-in-ten Republicans (83 percent) said they were in favor of increasing deportations, including 51 percent who identified that initiative as “very important.”

Meanwhile, among Democrats, support for that bid was much lower, with around just three-in-10 (31 percent) in favor of boosting deportations and only 10 percent calling it a “very important” goal.” 

Despite what the American public thinks, the decision on whether DACA is allowed to move forward currently sits in the Supreme Court’s hands. 

Justices will be deliberating on whether federal courts should have been able to block the Trump administration’s decision to end the program—and whether Trump had the legal right to end it in the first place. 

If the program does come to an end, the thousands of people who benefit the program, as well as the many who might have applied for DACA protections in the future could face deportation from the U.S. 

In an interview with Newsweek on Monday, Carolina Fung Feng, a DACA recipient and plaintiff in one of the cases before the Supreme Court, said that if the Supreme Court rules in the Trump administration’s favor, she could lose her job and be deported back to a country that she left when she was 12-years-old. 

“I’d be separated from my family here in New York and, also, I would lose the ability to be independent,” Feng said. “Right now, I live on my own with my younger brother, so if they were to eliminate the DACA program permanently I wouldn’t be able to help my brother pay for the house.”

Feng, who is now 30 and works in the U.S. helping adult learners earn their high school equivalency diplomas, said she cannot understand why the U.S. government would want to see the country lose a population that has contributed to the country’s economy and strengthened its local communities. 

“We contribute to this economy. We haven’t done anything wrong,” she said. “We’re just human beings who want to live a better life and we want to protect our families and do the best we can so they can have a better life.”

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

A majority of the Supremes appear ready to “go along to get along” with the latest move by the Trump Administration to screw, demean, and dehumanize undocumented American young people who are continuing to contribute to our society.

A Court that not so long ago had little trouble treating inanimate and amoral large corporate interests as “persons” under the Constitution appeared to have no such concerns for the rights and dignity of a large class of human beings actually living, working, and studying in America.

By either agreeing with the bogus legal argument half-heartedly presented by the Solicitor General or saying Trump could act for no particular reason other than his White Nationalist political agenda, the Supremes appeared willing to allow young people to be held hostage for an extreme nativist anti-immigrant legislative program.

Trump gave his usual “off-the-wall tweet.” First, he smeared so-called “Dreamers” as containing among their ranks “tough, hardened criminals” (even though such individuals were specifically excluded from the program by the Obama Administration). At the same time, he said that if his Supremes gave him what he demanded he would cut a “deal” with the Dems for Dreamer relief. We’ve heard that before.

That’s highly unlikely to happen without regime change in the Executive and the Senate. Similar to the last failed exercise, the Trump Administration would almost certainly demand an end to refugee and asylum programs, sharp cuts to legal immigration, massive new funding for the New American Gulag, and a free hand to summarily deport almost anyone without due process in return for even limited Dreamer relief. That’s a “deal” the Dems aren’t going to make.

Therefore, most Dreamers likely will continue to “twist in the wind” for another election cycle and perhaps longer. With Immigration Court backlogs at an astounding 1.3 million and growing, they won’t be forcibly removed any time in the near future, even if Trump wins re-election. 

On the other hand, deprived of work authorization and “color of law” status, most will face obstacles to legal employment or study in the U.S. This will leave them with the “choice” of “going underground” or “self-deportation.” Either way, America will be deprived of the full potential of some of our most talented and dedicated younger generation.

Of course, I hope that my gloomy analysis is wrong. But, things are sure looking like another avoidable judicially-enabled nightmare in a nation that has empowered a White Nationalist minority to run roughshod over individual rights with judicial complicity.

I would expect the Supreme majority’s decision to be  loaded with some disingenuous and self-serving references as to how disputes like the fate of the Dreamers should be determined by the “political system.” Then, it will be good to remember that this is a Court that has chosen to take a “pass” on partisan gerrymandering and other gimmicks used by the GOP and the Trump Administration to disenfranchise racial minorities, suppress the vote, and circumvent true democratic rule. In other words, the Supremes know full well that the “political system” is broken to a large extent because they have helped enable its demise.

That’s why it’s important for the New Due Process Army and others who believe in the Constitution, the rule of law, and basic human decency to get out the vote, remove the GOP across the board, and pave the way for better, more intellectually honest judges, who will uphold individual rights and true Constitutional values rather than siding with the tyranny of an unrestrained, unprincipled Executive and inanimate corporate interests in derogation of human rights. 

Obviously, there are lots of folks out there, even among the GOP, who don’t “buy in” to Trump’s unrelenting cruelty toward migrants (except, I guess, those migrants he marries and their foreign-born families). The Dems shouldn’t be afraid to run on a program of Dreamer relief combined with other practical, common sense reforms that would allow us to “rationalize” the inevitable and largely positive forces of human migration. We could actually be “beefing up” our revenue collections with a sane immigration policy, rather than hemorrhaging billions on cruel, inhumane, and ultimately futile “enforcement only” schemes and gimmicks. And, yes, with a more rational and realistic system in place, including for the processing of legitimate refugees and asylees, removal of those who evade it would become more efficient, effective, and uniform than it is under our current broken system, at least as administered by the Trump Administration.

Finally, here’s a link to a great article from Zachary Pleat at Mediamatters “calling out” NBC, CBS, and other so-called “mainstream media” for uncritical repetition and re-publication of Trump’s smears and racist-inspired lies about “Dreamers.”  https://www.mediamatters.org/immigration/daca-goes-supreme-court-cbs-and-nbc-push-trumps-lie-about-dreamers.

PWS

11-12-19

NIKKI HALEY:  How Ambitious Daughter Of Immigrants Became A Shill For White Nationalist, Xenophobic, Misogynistic Regime & Its Corrupt Leader — “All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/if-officials-believe-trump-is-a-danger-to-the-country-they-have-a-duty-to-say-so/2019/11/11/0541dc64-04bf-11ea-ac12-3325d49eacaa_story.html

Michael Gerson writes in the WashPost:

Nikki Haley used to be known as the other member of President Trump’s Cabinet who left with an intact reputation (in addition to former defense secretary Jim Mattis). In an administration more influenced by Recep Tayyip Erdogan than Ronald Reagan, the former U.S. ambassador to the United Nations often provided a more traditional rhetorical take on American foreign policy. Haley seemed genuinely to care about human rights and democracy, and to somehow get away with displaying such caring in public. Her confidence in national principles marked her as such a freakish exception that some speculated she might be the rogue, anti-Trump Trump official who wrote an anonymous op-ed in the New York Times.

But Trump’s corruption still pulls at a distance. Clearly convinced that Trumpism is here to stay, Haley has publicly turned against other officials in the administration who saw the president as a dangerous fool. She recounts an hour-long meeting with then-Chief of Staff John F. Kelly and then-Secretary of State Rex Tillerson, who “confided in me that when they resisted the president, they weren’t being insubordinate, they were trying to save the country.” The conspirators (in Haley’s telling) considered it a life-and-death matter. “This was how high the stakes were, he and Kelly told me. We are doing the best we can do to save the country, they said. We need you to work with us and help us do it.”

Haley, by her own account, refused to help. “Instead of saying that to me, they should’ve been saying that to the president, not asking me to join them on their sidebar plan,” she now explains. “It should’ve been, ‘Go tell the president what your differences are, and quit if you don’t like what he’s doing.’ But to undermine a president is really a very dangerous thing.”

Here Haley is confusing two categories. If a Cabinet member has a policy objection of sufficient seriousness, he or she should take that concern to the president. If the president then chooses against their position — and if implementing the decision would amount to a violation of conscience — an official should resign. Staying in office to undermine, say, a law or war you disapprove of would be a disturbing arrogation of presidential authority.

But there is an equally important moral priority to consider: If you are a national security official working for a malignant, infantile, impulsive, authoritarian wannabe, you need to stay in your job as long as you can to mitigate whatever damage you can — before the mad king tires of your sanity and fires you.

This paradox is one tragic outcome of Trumpism. It is generally a bad and dangerous idea for appointed officials to put their judgment above an elected official’s. And yet it would have been irresponsible for Mattis, Kelly, Tillerson and others not to follow their own judgments in cases where an incompetent, delusional or corrupt president was threatening the national interest.

Consider the case of former White House counsel Donald McGahn. According to the Mueller report, McGahn complained to then-Chief of Staff Reince Priebus that Trump was trying to get him to “do crazy s–t.” McGahn (thankfully) told investigators he ignored presidential orders he took to be illegal.

Or consider a negative illustration. When it came to pressuring Ukraine to investigate Joe Biden, the only morally mature adults in the room (and on the phone) were quite junior in rank. They expressed their concerns upward. But those above them — Secretary of State Mike Pompeo and acting chief of staff Mick Mulvaney — had learned the lesson about officials fired for an excess of conscience. They apparently looked the other way as a friendly country was squeezed for political reasons.

On the whole, I’m glad that responsible officials such as Kelly and Mattis stayed as long as they did to prevent damage to the country. But I also think they have a moral obligation to come out before the 2020 election and say what they know about Trump’s unfitness. If Biden is the nominee, they might even get together and endorse him. But, in any case, if they believe Trump is a danger to the national interest, they eventually have a duty to say something. Saving the country requires no less.

As for Haley, she has now signaled to Trump Republicans that she was not a part of the “deep state,” thus clearing away a barrier to ambition. All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.

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

Haley’s ridiculously disingenuous performance on Today when grilled by Savannah Guthrie about the facts was worthy of her new role model, “Don the Con.”

Although you wouldn’t know it from the sycophantic Haley, political appointees, including Cabinet Members, actually take an oath to uphold the Constitution of the U.S., not the President. They are also first and foremost public servants paid by the People, not personal retainers of Trump as Haley, Barr, Pompeo, and others have functioned. I’d actually put Kelly and Tillerson in that category too; they certainly made a mess out of things at DHS and State, respectively, by putting the President’s xenophobic political policies before the law and the public interest. 

And, if they in fact thought the President was endangering the U.S., they have kept it a secret after leaving. Compare these tawdry performances with those of the career public servants who have spoken out about Trump’s misdeeds even at the likely cost of their careers. And, unlike the stream of political appointees who have left in various stages of disgrace, they probably don’t have lucrative private sector jobs and/or fat book contracts awaiting them.

Expect Haley to “repackage herself” as a “powerful woman” and eventually as a Presidential candidate. She should be met with the same contempt as Kirstjen Nielsen and the few other GOP women who penetrated the Trump GOP’s “White Men Only Club” only to choose pandering to its corrupt leader over the welfare of our nation and advancement of humanity.

PWS

11-12-19

THE HATER-IN-CHIEF: “Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.”

https://www.washingtonpost.com/outlook/trump-has-spread-more-hatred-of-immigrants-than-any-american-in-history/2019/11/07/7e253236-ff54-11e9-8bab-0fc209e065a8_story.html

Professor Tyler Anbinder
Tyler Anbinder
Professor of History
George Washington University

Professor Tyler Anbinder writes in WashPost:

November 7, 2019 at 10:03 a.m. EST

President Trump insists that he harbors no prejudice against immigrants. “I love immigrants,” he told Telemundo in June. Indeed, Trump has married two immigrants — Ivana Zelníčková (from what is now the Czech Republic) and Melanija Knavs (born in what is now Slovenia). He does occasionally say something positive about an immigrant group, such as when he wondered why the United States couldn’t get more immigrants from Norway. But for the most part, Trump portrays immigrants as a threat or a menace, and he calls the largest segment of America’s newcomers — Latinos — “animals” and invaders.

As a historian who specializes in the study of anti-immigrant sentiment, I know that Trump is not the first president to denigrate newcomers to the country. But Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.

Trump’s nativism is especially striking for its comprehensiveness. Over the centuries, nativists have leveled 10 main charges against immigrants: They bring crime; they import poverty; they spread disease; they don’t assimilate; they corrupt our politics; they steal our jobs; they cause our taxes to increase; they’re a security risk; their religion is incompatible with American values; they can never be “true Americans.”

Trump has made every one of these charges. No American president before him has publicly embraced the entire nativist worldview. A commander in chief who is also the nativist in chief has the potential to alter immigrants’ role in American society now and for generations to come.

There have, of course, been upsurges of nativism in previous eras, but presidents have rarely been the ones stoking the flames. President John Adams signed the Alien and Sedition Acts in 1798, which among other things nearly tripled the time immigrants had to wait before they could become citizens and vote, but his voluminous writings contain nary a word critical of immigrants.

Millard Fillmore, president at the height of the massive influx of Irish immigrants fleeing the Great Famine, remained silent during his administration on the social tensions these newcomers caused. Even in 1856, when the anti-Catholic, anti-immigrant American Party (popularly called the Know Nothing Party) nominated Fillmore to return to the White House, he and his surrogates eschewed attacks on immigrants and rebranded the party as a moderating force between proslavery Democrats and anti-slavery Republicans.

Congress has typically been the source of the greatest nativist zeal in national politics — and presidents have generally tried to tamp down that zeal. Rutherford B. Hayes and Chester Arthur vetoed legislation barring the immigration of Chinese laborers in the 1870s and 1880s, though Arthur later agreed to sign a 10-year ban. In subsequent decades, Grover Cleveland, William H. Taft and Woodrow Wilson vetoed bills making the ability to read a prerequisite for adult men to immigrate. Congress eventually overrode Wilson’s veto to enact such a law in 1917.

By the 1920s, most Americans were convinced that further limits on immigration were necessary. “America must be kept American,” President Calvin Coolidge declared in December 1923, following the political winds, and by “American,” he meant white in race, Anglo-Saxon in ethnicity and Protestant in religion. Coolidge endorsed the severe limits Congress placed on the immigration of Slavs, Poles, Italians, Greeks and Eastern European Jews and accepted a ban on immigration from Asia and Africa, as well.

Those racist restrictions were rescinded in 1965. When Lyndon Johnson sat at the feet of the Statue of Liberty and signed legislation that ended the discriminatory quotas, he predicted that the federal government would “never again shadow the gate to the American nation with the twin barriers of prejudice and privilege.” But Johnson could not have imagined a president like Trump.

The only Americans who came even remotely close to rivaling Trump’s nativist influence were more narrowly focused than the president is. Charles Lindbergh and Henry Ford were widely admired anti-Semites whose views reached millions, but their animus was focused on powerful Jews at home and abroad, not Jewish immigrants in general. Father Charles Coughlin, a Catholic priest, had millions of loyal radio listeners in the 1930s, but he, too, was more an anti-Semite than a broad nativist. None of them commanded the devotion of nearly as large a share of the population as Trump does.

John Tanton, who died this year, was a driving force behind the modern anti-immigration movement, organizing and raising money for a variety of groups that have advocated a reduction in immigration. But those groups didn’t have influence until Trump began spreading their ideas and appointing their leaders and allies to positions in his administration.

Trump’s anti-immigrant efforts have featured several classic nativist tropes. He falsely associates immigrants with crime, as when he said during his campaign that Mexicans are “bringing drugs. They’re bringing crime. They’re rapists.” In truth, immigrants commit significantly less crime than the native-born do. He scapegoats entire immigrant religious groups for the actions of one or two criminals, calling for “a total and complete shutdown of Muslims entering the United States” after Syed Rizwan Farook (who was not even an immigrant) and his wife (who was foreign-born) killed 14 people in San Bernardino, Calif. He perpetuates the notion that immigrants pose a public health threat, as when he wondered in 2018 why we let “all these people from shithole countries come here.” One of his objections, reportedly, was that Haitians “all have AIDS,” though the White House denies he said that. He’s making it harder for low-income immigrants to come here in ways that would almost certainly reduce immigration from Latin America, Africa and the Caribbean, justifying his proposal on the grounds that he needs to “protect benefits for American citizens.” And he argues that even the U.S.-born children of recent immigrants — if they are part of ethnic, religious or racial minorities — are not real Americans, as he suggested when he tweeted that four congresswomen of color should “go back” to “the totally broken and crime infested places from which they came.”

What makes Trump more influential than any previous American nativist is the size of his audience and the devotion of his supporters. Trump has more than 66 million Twitter followers and a powerful echo chamber in conservative media, allowing him to instantaneously convey his ideas to a quarter of the adult population. Other presidents had passionate followers (Andrew Jackson, Franklin Roosevelt and Ronald Reagan come to mind), but none of them expressed much, if any, animus toward immigrants. Trump’s rhetoric has changed the way many Americans view immigrants: Nearly a quarter now call immigration a “problem,” more than double the percentage who characterized it that way in 2015, and the highest share since Gallup began asking that question a quarter-century ago.

Trump has made public expressions of nativism socially acceptable for the first time in generations. As he lambasted Rep. Ilhan Omar (D-Minn.), a Somali immigrant, at a July rally in Greenville, N.C., the crowd erupted with chants of “Send her back,” echoing Trump’s notorious tweet. “There was a filter,” a Latino resident of Greenville noted after the rally, that previously prevented Americans from expressing such hatred of immigrants, but “now the filter has been broken. My Hispanic friends are afraid to go to the store. They’re afraid to do anything. It’s scary.”

Trump’s spread of nativism has led to an upsurge in animosity directed at immigrants. Those who read or hear the president’s nativist views are more likely to write offensive things on social media about the groups he targets, one political science study found. One study using data compiled by the Anti-Defamation League found that counties that hosted Trump rallies in 2016 saw a 226 percent increase in hate crimes in the following months, primarily assaults or acts of vandalism, compared to counties that didn’t host rallies. ABC News identified at least 29 cases in which violence or threats of violence were carried out, and the perpetrators targeted immigrants or those perceived to be immigrants more than any other group.

The president’s rhetoric inspires not merely petty violence but occasionally full-fledged acts of terrorism as well. Throughout the fall of 2018, Trump relentlessly sowed fears that an “invasion” of Central American refugees was imminent via an immigrant “caravan” heading through Mexico toward the United States. Before a gunman killed 11 worshipers in a Pittsburgh synagogue in October 2018, he apparently justified his actions on the grounds that the Hebrew Immigrant Aid Society, which these days assists refugees from all over the world, “likes to bring in invaders that kill our people. I can’t sit by and watch my people get slaughtered.”

Five months later, the man accused of killing more than 50 Muslims at two mosques in New Zealand hailed Trump as a symbol “of renewed white identity” in an online manifesto. In August, a man traveled to El Paso with the goal of killing as many Latinos as possible, authorities said, slaying 22 people at a Walmart. A manifesto linked to him echoed many of the president’s favorite talking points: It condemned “the Hispanic invasion of Texas,” charged that immigrants are taking jobs from natives and lauded Republicans for reducing “mass immigration and citizenship.” These accused shooters all seemingly found Trump’s nativist rhetoric inspirational.

While this upsurge in nativist violence is terrifying, history suggests that, over the long term, those who embrace immigrants will win out over those who fear them. The percentage of Americans who want to cut immigration has risen since Trump took office, but that figure is still down by almost half since the mid-1990s. Ironically, Trump’s nativist pronouncements and actions may have galvanized Americans who oppose him to look even more favorably at immigrants than they did before. Seventy-six percent of Americans now say that immigration is good for the country — an all-time high in Gallup’s poll — while the percentage who call it harmful, 19 percent, is at an all-time low.

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Twitter: @TylerAnbinder

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

Beyond the vileness and lies of Trump’s White Nationalist, racist, xenophobia, Professor Anbinder’s article ends on an upbeat note:

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Unfortunately, the “upward arc of history” will be too late to save the many individual lives and futures daily destroyed by Trump’s White Nationalist hate campaign.

That’s why the “New Due Process Army” is fighting to save lives and protect the Constitutional, legal, and human rights of everyone.

PWS

11-11-19

9TH CIRCUIT’S CONTINUING SHAME: “Let ‘Em Die In Mexico” Program Was Ruled “Illegal From The Git Go” By Courageous U.S. District Judge – Then, 9th Intervened To “Open The Killing Fields” –  Empowered By Appellate Judicial Complicity, DHS Agents Now Simply Commit Fraud On Asylum Applicants & Their Lawyers By Returning Them To Mexico With Fake Hearing Dates!      

Gustavo Solis
Gustavo Solis
South Bay Reporter
San Diego Union-Tribune

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=1e0901c7-ba27-4d78-a71a-823c2481d392

 

Gustavo Solis reports for the San Diego Union-Tribune:

 

By Gustavo Solis

Asylum seekers who have finished their court cases are being sent back to Mexico with documents that contain fraudulent future court dates, keeping some migrants south of the border indefinitely, records show.

Under the Migrant Protection Protocols policy, asylum seekers with cases in the United States have to wait in Mexico until those cases are resolved. The Mexican government agreed to accept only migrants with future court dates scheduled.

Normally, when migrants conclude their immigration court cases, they are either paroled into the United States or kept in federal custody depending on the outcome of the case.

However, records obtained by the San Diego Union-Tribune show that on at least 14 occasions, Customs and Border Protection agents in California and Texas gave migrants who had already concluded their court cases documents with fraudulent future court dates written on them and sent the migrants back to Mexico anyway.

Those documents, unofficially known as tear sheets, are given to every migrant in the Migrant Protection Protocols program who is sent back to Mexico. The document tells the migrants where and when to appear at the border so that they can be transported to immigration court. What is different about the tear sheets that migrants with closed cases receive is that the future court date is not legitimate, according to multiple immigration lawyers whose clients have received these documents.

This has happened both to migrants who have been granted asylum and those who had their cases terminated — meaning a judge closed the case without making a formal decision, usually on procedural grounds. Additionally, at least one migrant was physically assaulted after being sent back to Mexico this way, according to her lawyer.

Bashir Ghazialam, a San Diego immigration lawyer who represents six people who received these fake future court dates, said he was shocked by the developments.

“This is fraud,” he said. “I don’t call everything fraud. This is the first time I’ve used the words, ‘U.S. government’ and ‘fraud’ in the same sentence. No one should be OK with this.”

The Department of Homeland Security and Customs and Border Protection did not respond to multiple requests to comment about why they had engaged in the practice.

Ghazialam first noticed this in September, when three of his clients were sent back to Mexico after their cases were terminated on Sept. 17. After the judge made his decision, the family spent 10 days in Customs and Border Protection custody.

On Sept. 27, the family was given a document that read, in part, “At your last court appearance, an immigration judge ordered you to return to court for another hearing.” That piece of paper told them to return to court on Nov. 28.

However, the immigration judge ordered no further hearing. Ghazialam’s clients do not have a hearing scheduled on that or any other day.

To confirm Ghazialam’s claims, a reporter called a Department of Justice hotline that people with immigration court cases use to check their status and dates of future hearings. That hotline confirmed that the family’s case had been terminated on Sept. 17 and that “the system does not contain any information regarding a future hearing date on your case.”

“That date is completely made up and the Mexican authorities are not trained enough to know this is a fake court date,” Ghazialam said.

After being returned to Mexico, the mother was stabbed in the forearm while protecting her children from an attempted kidnapping. She still has stitches from the wound, Ghazialam said.

The mother presented herself at the border shortly after the stabbing. She told Customs and Border Protection agents that she was afraid to stay in Mexico. The agents gave her a fear of return interview and tried to send her back to Mexico.

But this time, Mexican immigration officials refused to let her and her children back into Mexico because they did not have a court date, Ghazialam said. She is currently with relatives in New York, waiting to figure out the future of her legal status in the United States while wearing an ankle monitor.

In most of these cases, immigration attorneys aren’t aware that their clients were sent back to Mexico until it’s too late.

In one case, a Cuban asylum seeker was returned to Mexico after an immigration judge in Brownsville, Texas, granted her asylum.

The woman’s lawyer, Jodi Goodwin, remembers hugging her client after the decision and arranging a place to meet after authorities released her later that day following processing.

Goodwin expected the process to take 45 minutes, so she went to a nearby Whataburger and ordered a chocolate milkshake. About 40 minutes later, she got a phone call from her client.

“She was hysterical and crying,” Goodwin said. “I’m like, ‘What happened?’ and she says, ‘I’m in Mexico.’ ”

Goodwin called U.S. and Mexican immigration authorities to try to find out what happened. She spent five hours at the border until 9 p.m. and then went home to draft a lawsuit. It wasn’t until she threatened to sue CBP that her client was paroled into the United States.

“It was total chaos for 24 hours to try to figure it out,” Goodwin said. “It shouldn’t be like that, especially when CBP is blatantly lying. They are creating documents that have false information.”

The American Immigration Lawyers Assn. said it was worried about the practice.

“The idea that even though these vulnerable individuals are able to obtain an asylum grant from an immigration judge and CBP is sending them back to harm’s way in Mexico is really disturbing, especially under the guise that there’s a future hearing date,” said Laura Lynch, senior policy counsel for the organization.

Mexico’s National Institute of Migration did not immediately respond to questions about this practice.

Although Ghazialam and Goodwin were able to eventually get their clients back into the United States, some people are still in Mexico.

That’s what happened to a Guatemalan woman and her two children after a judge terminated their case on Oct. 18. The same day the judge closed their case, a U.S. immigration official gave her a piece of paper with the false hearing date of Jan. 16.

“But this appointment does not exist,” said the woman’s New York City attorney, Rebecca Press. “If you check with the immigration court system, there is no January hearing date and the case has already been terminated.”

It’s unclear how widespread this practice is. Lawyers in San Diego; Laredo, Texas; and Brownsville confirmed they have seen it firsthand.

However, only about 1% of asylum seekers in the Migrant Protection Protocols program have lawyers. Therefore it’s difficult to track what happens to the overwhelming majority of the people in the program.

Lawyers said asylum seekers without legal representation who have been sent back in this manner probably have no way of advocating for themselves. It took Goodwin hours of calls to high-level officials in both U.S. and Mexican immigration agencies plus the threat of a lawsuit to get her client back into the United States.

“If you don’t have someone who’s willing to sit around and spend five hours on the phone and stay up all night drafting litigation to force their hand, you’re going to be stuck,” she said.

As news of these false hearing dates spread among the immigration attorney community, some lawyers are taking proactive steps to protect their clients from being returned to Mexico after their court cases are closed.

Siobhan Waldron, a Los Angeles lawyer, wrote a letter to Mexican immigration officials explaining that her client had no future hearing date and outlined a step-by-step process Mexican officials could take to verify that her client’s case had been closed by using the Department of Justice hotline.

The letter worked at first.

When CBP officers tried to return Waldron’s client to Mexico on Nov. 1 with a false January hearing date, her client showed the note to Mexican officials, who refused to take her in. However, the next day, CBP officers sent Waldron’s client back to Mexico with another false court date and this time did not allow her to show Mexican officials her lawyer’s letter that she kept in a special folder, Waldron said.

“They didn’t let her take it out,” Waldron said. “They said, ‘You can’t present anything from that folder.’ ”

The lawyer plans to file “any complaint you can imagine” to CBP, the Department of Homeland Security and other regulatory agencies because “these agents need to be held accountable.”

Her client is still in Mexico, too afraid to walk outside because she has already been kidnapped and assaulted, Waldron said.

Solis writes for the San Diego Union-Tribune.

 

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

As my friend Laura Lynch points out, the individuals affected by this judicially-enabled outrage are not just “asylum applicants” – they include those who have been GRANTED ASYLUM as well as those whose removal proceedings were terminated because a U.S. Immigration Judge found that DHS ILLEGALLY SUBJECTED THEM to the “Let ‘Em Die In Mexico Program.”

The 9th Circuit’s horrible and incompetent handling of Innovation Law Lab v. McAleenan will live in infamy as a monumental judicial abdication of duty that has actually harmed or killed innocent asylum seekers while inspiring DHS to new heights of illegal behavior and contempt for our entire legal system.

Why have a “Judicial Branch” that won’t stand up for individual legal rights in the face of Executive tyranny, overreach, and downright fraud? What are these robed folks doing to earn their lifetime paychecks? And, given the quality and philosophy of many of Trump”s judicial appointments, rammed through a corrupt GOP Senate by “Moscow Mitch,” these are questions the majority of Americans might be asking for decades to come!

 

PWS

 

11-08-19

 

 

 

 

BIA NEWS: Judge Garry D. Malphrus Leapfrogs Into Acting Chair Job, As Two Of The Remaining “Voices Of Reason” Bite The Dust At Barr’s “Newly Packed” Falls Church Station Stop On The “Trump Deportation Express!”

BIA NEWS: Judge Garry D. Malphrus Leapfrogs Into Acting Chair Job, As Two Of The Remaining “Voices Of Reason” Bite The Dust At Barr’s “Newly Packed” Falls Church Station Stop On The “Trump Deportation Express!”

 

By Paul Wickham Schmidt

Exclusive for immigrationcourtside.com

 

Nov . 7, 2019. In a little noticed move, “Trump Chump” Attorney General Billy Barr in October advanced conservative GOP appointed Appellate Immigration Judge Garry D. Malphrus to the position of Acting Chair of the Board of Immigration Appeals in Falls Church Virginia. The move followed the sudden reputedly essentially forced “retirement” of former Chair David Neal in September.

 

Notably, Barr bypassed long-time BIA Vice Chair and three-decade veteran of the Executive Office for Immigration Review (“EOIR”) (which “houses” the BIA) Judge Charles “Chuck” Adkins-Blanch to elevate Judge Malphrus. Increasingly, particularly in the immigration area, the Trump Administration has circumvented bureaucratic chains of command and normal succession protocols for “acting” positions in favor of installing those committed to their restrictionist political program.

 

Like former Chair Neal, Vice Chair Adkins-Blanch has long been rumored not to be on the “Restrictionist A Team” at EOIR. Apparently, that’s because he occasionally votes in favor of recognizing migrants’ due process rights and for their fair and impartial treatment under the immigration laws.

 

For example, although generally known as a low-key “middle of the road jurist,” Vice Chair Adkins-Blanch authored the key BIA precedent Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). There, the BIA recognized the right of abused women, particularly from the Northern Triangle area of Central America, to receive protection under our asylum, and immigration laws. That decision was widely hailed as both appropriate and long overdue by immigration scholars and advocates and saved numerous lives and futures during the period it was in effect.  It also promoted judicial efficiency by encouraging ICE to not oppose well-documented domestic violence cases.

 

Nevertheless, in a highly controversial 2018 decision, White Nationalist restrictionist Attorney General Jeff Sessions dismantled A-R-C-G-. This was an an overt attempt to keep brown-skinned refugees, particularly women, from qualifying for asylum. Matter of A-B –, 27 I&N Dec. 316 (A.G. 2018). Session’s decision was widely panned by immigration scholars and ripped apart by U.S. District Judge Emmet Sullivan, the only Article III Judge to address it in detail to date, in Grace v. Whitaker, 344 F. Supp. 3d 96 (D.D.C. 2018). Nevertheless, Matter of A-B- remains a precedent in Immigration Court.

 

In addition to the Malphrus announcement, sources have told “Courtside” that veteran BIA Appellate Immigration Judges John Guendelsberger and Molly Kendall Clark will be retiring at the end of December. While the current BIA intentionally has been configured over the past three Administrations to have nothing approaching a true “liberal wing,” Judges Guendelsberger and Kendall Clark were generally perceived as fair, scholarly, and willing to support and respect individual respondents’ rights, at least in unpublished, non-precedential decisions.

 

This was during an era when the BIA as a whole was moving in an ever more restrictive direction, seldom publishing precedent decisions favoring or vindicating the rights of individuals over DHS enforcement. Additionally, under Sessions and now Barr, the BIA has increasingly been pushed aside and given the role of “restrictionist enforcer” rather than “expert tribunal.” The most significant policies are rewritten in favor of hard-line enforcement and issued as “precedents” by the Attorney General, sometimes without any input or consultation from the BIA at all.

 

The BIA’s new role evidently is to insure that Immigration Judges aggressively use these restrictionist precedents to quickly remove individuals without regard to due process. Apparently, this new role also includes promptly reversing any grants of relief to individuals, thus insuring that ICE Enforcement wins no matter what, and actively discouraging individuals from daring to use our justice system to assert their rights. To this end, Barr’s six most recent judicial appointments to the BIA, part of an obvious “court-packing scheme,” are all Immigration Judges with asylum denial rates far in excess of the national average and reputations for being unsympathetic, sometimes also rude and demeaning, to respondents and their attorneys.

 

Indeed, adding insult to injury, Barr’s latest regulatory proposal would give a non-judicial official, the EOIR Director, decisional and precedent setting authority over the BIA in certain cases. This directly undoes some of the intentional separation of administrative and judicial functions that had been one of the objectives of EOIR.

 

Judge Guendelsberger was originally appointed to the BIA by the late Attorney General Janet Reno in 1995. However, as a member (along with me) of the notorious due process oriented “Gang of Five,” he often wrote or joined dissents from some of the BIA majority’s unduly restrictive asylum jurisprudence. Consequently, Judge Guendelsberger and the rest of the “Gang” were “purged” from the BIA by Attorney General John Ashcroft in 2003.

Reassigned to “re-education camp” in the bowels of the BIA, Judge Guendelsberger worked his way back and was “rehabilitated” and reappointed to the BIA by Attorney General Eric Holder in August 2009. This followed several years as a “Temporary Board Member,” (“TBM”). The TBM is a clever device used to conceal the dysfunction caused by the Ashcroft purge by quietly designating senior BIA staff as judges to overcome the shortage caused by the purge and irrational BIA “downsizing” used to cover up the political motive for the purge. TBMs are also disenfranchised from voting at en banc, thus insuring a more compliant and less influential temporary judicial workforce.

Judge Guendelsberger was the only member of the “Gang of Five” to achieve rehabilitation. However, his former “due process fire” was gone. In his “judicial reincarnation” he seldom dissented from BIA precedents. He even joined and authored decisions restricting the ability of refugees to qualify for asylum based on persecution from gangs that the governments of the Northern Triangle were unwilling or unable to control or were actually using to achieve political ends.

Indeed, his later public judicial pronouncements bore little resemblance to the courageous and often forward-looking jurisprudence with which he was associated during his “prior judicial life” with the “Gang of Five.” Nevertheless, he continued to save lives whenever possible “under the radar screen” in his unpublished decisions, which actually constitute the vast bulk of a BIA judge’s work.

Judge Kendall Clark was finally appointed to a permanent BIA Appellate Judgeship by Attorney General Loretta Lynch in February 2016, following a lengthy series of appointments as a TBM. Perhaps because of her disposition to recognize respondents’ rights in an era of sharp rightward movement at the BIA, she authored few published precedents.

However, she did write or participate in a number of notable unpublished cases that saved lives at the time and advanced the overall cause of due process. She also had the distinction of serving as a Senior Legal Advisor to four different BIA Chairs (including me) from 1995 to 2016.

Thus, the BIA continues its downward spiral from a tribunal devoted to excellence, best practices, due process, and fundamental fairness to one whose primary function is to serve as a “rubber stamp” for White Nationalist restrictionist enforcement initiatives by DHS. The voices of reasonable, thoughtful, scholarly jurists like Judges Guendelsberger and Kendall Clark will be missed.

They are some of the last disappearing remnants of what EOIR could have been under different circumstances.  Their departure also shows why an independent Article I Judiciary, with unbiased judges appointed because of their reputations for fairness, scholarship, timeliness, teamwork, and demonstrated respect for the statutory and constitutional rights of individuals, is the only solution for the current dysfunctional mess at EOIR.

PWS

11-07-19

 

 

 

TRAC HITS BACK AGAINST EOIR’S “DATA STONEWALLING” – Requests Retraction Of EOIR’s Inaccurate Response!

David Burnham
David Burnham
Co-Director
TRAC
Susan B. Long
Susan B. Long
Co-Director
TRAC

==========================================
Transactional Records Access Clearinghouse
==========================================

FOR IMMEDIATE RELEASE

On October 31, 2019, TRAC published a report that outlined our recent unsuccessful attempts to address inaccurate data published by the Executive Office for Immigration Review (EOIR), the agency within the Department of Justice responsible for overseeing the U.S. Immigration Court system. In a response to a journalist, a spokesperson for the EOIR claimed, “to the best of our knowledge, the EOIR data release is accurate and up-to-date.” We disagree. Based on a careful review of the data published by the EOIR in September and in prior months, we have substantial evidence that the EOIR’s September release remains inaccurate and incomplete.

In response to what we believe are factually inaccurate statements made on behalf of the EOIR, TRAC sent a letter on November 4, 2019 to EOIR Director James McHenry requesting a correction to public statements made by his agency. TRAC enclosed a copy of detailed evidence substantiating the request. We emphasize that the ongoing issues with data accuracy persist despite several rounds of attempted corrections by the EOIR as described on our previous report, and we look forward to working with EOIR to resolve these issues.

To view the letter to the EOIR and the related data, go to:

https://trac.syr.edu/immigration/reports/582

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

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

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

———————————————————————————
The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

 

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

 

Once, the “Annual Statistical Yearbook” put out by EOIR was a “gold mine” of helpful information for scholars, researchers, reporters, and the public.

 

No more, under the Trump DOJ. Now, EOIR puts out a steady stream of inaccurate, incomplete, and misleading “statistics” that often are manipulated to distort the truth and offer apparent support to the Trump Administration’s endless store of White Nationalist lies, myths, fabrications, and false narratives calculated to demean, discredit, and dehumanize both migrants and those who are helping them, as well as to discourage any legitimate scholarly inquiries.

 

Usually EOIR gets away with it. Migrants and their lawyers are too busy fighting for their lives in the biased and unconstitutional EOIR system to spend too much time on “data dumps.” The media sometimes suspect the problems, but generally lack the time and expertise to do the in-depth analysis necessary to debunk many of EOIR’s bogus claims.

 

But, the folks over at TRAC are statistical pros. They are not about to be deterred or take EOIR’s normal “in your face, you are the problem, not us, response” without a fight.

 

Good luck in getting any “confession of error” out of EOIR. In an Administration let by the “Man of 10,000 Lies & Counting” when is the last time anyone admitted to getting or doing anything wrong?

 

But, I sincerely hope that Susan and David will be asked to testify before the House Oversight Committee and that EOIR will be required to respond in detail to their specific criticisms.

 

As many have noted, unreliable data makes effective oversight impossible. That’s undoubtedly the intent of this Administration.

 

PWS

11-07-19

ADMINISTRATION CONTINUES TO PILE UNPRECEDENTED CRUELTY ON ASYLUM SEEKERS!  — Latest Target Is Work Authorization!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

 

Bess Levin writes for Vanity Fair:

 

TRUMP ADMIN HAS A CRUEL NEW PLAN TO HURT ASYLUM-SEEKERS

Just when you thought it couldn’t get more evil, it rose to the occasion!

BY

BESS LEVIN

NOVEMBER 4, 2019

One of the regular themes of the Trump administration is the idea that there’s no way it will be able to continue outdoing itself when it comes to wildly evil policies. And yet, on a near-daily basis, it rises to the occasion! While its evilness does not discriminate—women, Democrats, the LGBTQ+ community, Muslims, pro athletes, the poor, and the media all get a taste—very often it relates to immigrants, with Team Trump finding new and inventive ways to demonize them and make their lives miserable. Recently that‘s involved deporting kids with cancer, and now it extends to refusing to allow asylum-seekers who work when they come to the U.S.

NBC News reports that the administration is working on a proposal to prevent asylum-seekers from applying for work permits for at least a year after they enter the country. Yes, the same administration under which visa denials for poor Mexicans have “skyrocketed”, and which announced in August that new factors that will count against green card applicants will include not having the money to cover “any reasonably foreseeable medical costs” related to a medical condition, having been approved to receive a public benefit, “financial liabilities,” and a low credit score, among other things. Obviously not being allowed to work for at least a year will no doubt contribute to the likelihood that people will be forced to turn to welfare, or force them to work in the shadow economy. It also doesn’t make a lot of sense for an administration that clearly prefers upwardly mobile immigrants, unless, of course, the point of the policy was to put such individuals between a rock and a group of assholes, and simply discourage them from coming to the country altogether.

The policy is expected to be discussed at a meeting Monday afternoon between Kevin McAleenan, the outgoing acting Homeland Security secretary, and heads of agencies for the U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement, according to two of the officials. And it is meant to target Mexican families seeking asylum, a demographic that has recently risen while the number of Central Americans has decreased since May.

One of the DHS officials said proponents of the policy believe prolonging the period when Mexicans are not allowed to work while they wait for their claim will deter them from coming to the U.S. in the first place…DHS did not respond to a request for comment.

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

Of course, the intent here is to discourage individuals from making the asylum applications that U.S. law entitles them to, but that Trump, with help from complicit courts, has all but extinguished without any legislative changes from Congress.

So, first the Trump Administration artificially and intentionally inflates the Immigration Court backlog through “Aimless Docket Reshuffling,” so that applications take much longer than they should in a fair and professionally administered system. Then they penalize the victims.

 

Meanwhile, the Article III Courts, who should have put an end to this unconstitutional nonsense long before now, continue to compound the problem by allowing a biased, xenophobic Administration to run a major court system as a branch of DHS enforcement.

 

Also, it’s important to remember that these outrages are happening on the watch of “Big Mac With Lies.” Those who care about honest public service and American justice should make a point not to allow “Big Mac” to “reinvent” himself to profit from his wrongdoing and the pain and suffering he has unnecessarily inflicted on asylum seekers and others entitled to justice in America but finding none during “Big Mac’s” tenure as “Trump’s Acting Toady.”

 

Of course, things are going to continue to get worse for humanity when Trump’s new “Acting Toady of Homeland Security,” Chad Wolf takes over.

 

PWS

 

11-06-19

 

 

 

 

PROFILES IN WHITE NATIONALIST COWARDICE: At Time Of World’s Greatest Need, Trump Administration Resettled Zero (0) Refugees In October – “There couldn’t be a worse time for it. The UN estimates there are around 26 million refugees worldwide, many of whom are victims of torture or women and girls fleeing persecution or violence.”

Natasha Frost
Natasha Frost
Reporter
Quartz

https://apple.news/A9iGP0BvrTqCp47JtaKz2Wg

 

Natasha Frost reports for Quartz:

 

ACCESS DENIED

Not a single refugee was resettled in the US last month

The nosedive is the result of a State Department freeze on admissions, according to a World Relief press release, resulting in hundreds of canceled flights and yet more uncertainty for the thousands of refugees hoping to resettle in the US. The department has issued an admissions ceiling of 18,000 for the financial year 2020—the lowest in almost 30 years, and well below the number of displaced people already in the pipeline to be resettled in the US. (Ceilings for 2018 and 2019 were 45,000 and 30,000, respectively.)

There couldn’t be a worse time for it. The UN estimates there are around 26 million refugees worldwide, many of whom are victims of torture or women and girls fleeing persecution or violence. Others may be victims of the war in Syria, where the withdrawal of US troops has generated chaos and further devastation. Barely half a percent of the 26 million will be resettled at all, and even then only after a process of intensive screening from admitting states, noted Filippo Grandi, the UN High Commissioner for Refugees, in a statement released yesterday. “At a time of record forced displacement in the world, lower admissions constrain UNHCR’s ability to deliver on its refugee protection mandate and diminish our humanitarian negotiating power at the global level,” he added.

While states are barred from expelling asylum seekers or returning them “to any country in which they would face persecution,” they are under no legal obligation to accept any number of refugees. In the mid-1960s, the early years of modern refugee programs, according to the Center for Migration Studies, the US representative to the UN described the proper, legal treatment of refugees and asylum seekers as a “credit” to the US, rather than “a burden.” In recent years, however, the US government has come to see these obligations as a humanitarian headache—one that places an undue toll on US taxpayers.

In 1980, when records began, the US admitted more than 200,000 refugees to a country of around 270 million people. Nearly 30 years on, the US population has risen more than 40%, while the number of refugees resettled is down by more than 80%.

 

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

 

There is simply no end to the Trump Administration’s sleazy, selfish, cowardly, cruelty.  Under Trump, the U.S. has gone from a humanitarian beacon to the leader of the “race to the bottom.”

 

PWS

11-05-19

STUFFED AGAIN: Trump’s Attempt To Use Health Insurance As A Way To Cut Legal Immigration Temporarily Stopped By U.S. District Judge In Oregon – Administration That Works Tirelessly To Increase Number Of Uninsured Or Underinsured Americans Saw Bogus Health Insurance Requirement For Immigrants As Device To Circumvent Statute & Unlawfully Slash Legal Immigration!

 

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0e59f13d-9a82-4908-9249-75e7fe5b281d

 

The AP reports:

 

PORTLAND, Ore. — A federal judge on Saturday put on hold a Trump administration rule requiring that immigrants prove they will have health insurance or can pay for medical care before they can receive visas.

U.S. District Judge Michael Simon granted a preliminary injunction that prevents the rule from going into effect Sunday. It’s not clear when he will rule on the merits of the case.

Seven U.S. citizens and a nonprofit organization filed the federal lawsuit Wednesday contending the rule would block nearly two-thirds of all prospective immigrants coming to the U.S. legally.

The lawsuit also said the rule would greatly reduce or eliminate the number of immigrants who enter the United States with family-sponsored visas. “We’re very grateful that the court recognized the need to block the healthcare ban immediately,” said Justice Action Center senior litigator Esther Sung, who argued at Saturday’s hearing on behalf of the plaintiffs. “The ban would separate families and cut two-thirds of green-card-based immigration starting tonight, were the ban not stopped.”

The proclamation signed by President Trump in early October applies to people seeking visas from abroad — not those in the U.S. already. It does not affect lawful permanent residents. It does not apply to asylum seekers, refugees or children.

The proclamation says immigrants will be barred from entering the country unless they will be covered by health insurance within 30 days of entering or have enough financial resources to pay for any medical costs.

The rule is the Trump administration’s latest effort to limit immigrant access to public programs while trying to move the country away from a family-based immigration system to a merit-based system.

The White House said in a statement at the time the proclamation was issued that too many noncitizens were taking advantage of the country’s “generous public health programs” and that immigrants contribute to the problem of “uncompensated healthcare costs.”

Under the government’s visa rule, the required insurance can be bought individually or provided by an employer and it can be short-term coverage or catastrophic.

Medicaid doesn’t count, and an immigrant can’t get a visa if using the Affordable Care Act’s subsidies, which the federal government pays for. According to the Migration Policy Institute, a nonpartisan immigration think tank, 57% of U.S. immigrants had private health insurance in 2017, compared with 69% of U.S.-born, and 30% had public health insurance coverage, compared with 36% of native-born.

The uninsured rate for immigrants dropped from 32% to 20% from 2013 to 2017, since the implementation of the Affordable Care Act, according to Migration Policy.

About 1.1 million people obtain green cards each year.

“Countless thousands across the country can breathe a sigh of relief today because the court recognized the urgent and irreparable harm that would have been inflicted” without the hold, said Jesse Bless, director of federal litigation at the American Immigration Lawyers Assn.

Earlier this year, the administration made sweeping changes to regulations that would deny green cards to immigrants who use some forms of public assistance, but the courts have blocked that measure.

 

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

Trump continues to abuse the legal system and the Federal Courts with impunity to carry out his White Nationalist agenda. Unless and until the Circuits and the Supremes stand up to Trump’s racist-inspired lawlessness in clear and authoritative terms, the abuse will continue.

Appellate judicial wimpiness breeds contempt!

 

PWS

 

11-04-19

 

 

“JUDICIAL” FARCE: In 1983, The Reagan Administration Created EOIR To Enhance Judicial Independence – Hon. Ashley Tabaddor Tells Us How The Trump Administration & Billy Barr Are Rewriting That History To Weaponize EOIR As The Servant Of DHS Enforcement!

Hon. A. Ashlley Tabaddor
Hon. A. Ashley Tabaddor
President, National
Association of Immigration Judges (“NAIJ”)

Dear Colleagues,

As you may be aware, on August 26, 2019, the Agency announced drastic organizational changes to EOIR, via interim regulations effective immediately. Among a number of troubling changes, the Agency collapsed the role of the Director with that of the Chairperson of the Board. Attached please find NAIJ’s comment, filed on October 25, 2019, in response to this interim rule. You may also visit the following link to see other comments by additional organizations in response to the EOIR’s interim rule.

https://www.regulations.gov

I personally would like to take this opportunity to thank Judge Khan and Judge Marks for leading the laborious effort in finalizing this Comment for publication.

Additionally as we have just concluded our rating period, IJs should be receiving their formal performance evaluations. Please contact us with any questions or concerns if you believe (or have been notified) that you will receive a rating of less than Satisfactory on all of your PWP elements.

Many IJs have inquired about ways that they may register their protest against the imposition of the quotas and deadlines. If you are inclined, you may use the proposed language below in your cover email returning the electronically signed PWP to your ACIJ.

● Protest Language – “I do not agree that the numerical metrics/quotas constitute an accurate measure of my performance. Nor do I agree that the numbers produced by EOIR are accurate within the designated metric categories.”

As always, we welcome any questions, comments and concerns. Hope you have a great weekend,
Ashley Tabaddor
President, NAIJ

Here’s the complete NAIJ comment:

NAIJ Comment re Organization of EOIR 84 Fed.Reg. 44537 , RIN 1125-AA85- Final

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

Outrageous!

One of the “under the radar” aspects of this “deconstruction of justice in America” is the arrogant confidence of Sessions, Barr, and their minions at DOJ and EOIR that Congress and the Article III Courts will turn a “blind eye” to their blatantly “in your face” unconstitutional behavior. So far, they have been right.

Article III Courts have recognized the Immigration Judges’ “duty to remain neutral and impartial when they conduct immigration hearings.” See, e.g., Wang v. Att’y Gen., 423 F.3d 260, 267–68 (3d Cir. 2005). Yet, they have basically ignored their own rules and pronouncements by continuing to approve decisions from a “fake” court system. One where the “judges” are selected, supervised, and can be removed by the “Chief Prosecutor” and are told that they owe their first duty of obedience to that prosecutor rather than to the Constitution or the rule of law that they are sworn to uphold. Even when they do rule in favor of the individual, the prosecutor can and does simply reach in, change the result, and then designate his prosecutorial decision as a “precedent.”

What kind of “Due Process” and “fundamental fairness” is that? What Article III Judge would submit him or herself to such a parody of “justice?”

EOIR as “redesigned, politicized, and weaponized” against migrants and their courageous representatives by the Trump DOJ mocks the stated criteria and standards of the Article IIIs. Why are the Article IIIs afraid to follow up their legal rhetoric with the actions that logically should flow from it?

Under Trump, the Attorney General and his toadies have disingenuously disparaged the motives and character of the individuals coming before the “courts” and their attorneys. Many are actually forced to appear “unrepresented” and have no idea what is happening and the intentionally arcane, hyper technical, and confusing “rules” being applied to extinguish their rights and claims.

DOJ officials have also demeaned, disparaged, and denigrated the work ethic and character of their own “judges” with limitations on their authority, “Mickey Mouse” quotas and timeframes, and giving away judicial authority to non-judicial officials at EOIR, as Judge Tabaddor cogently points out.

Article III Courts compound that error when they improperly “defer” to Executive Branch adjudicators who are neither “fair and impartial” nor in many cases “expert.” The whole system is intentionally put under pressure to “produce and deport,” with scholarship, independent judicial decision making, and Due Process being shoved to the “back of the bus.”

By accepting contemptuous unlawful actions from Barr and the DOJ, the Article III Judiciary basically diminishes itself and demeans its Constitutional role. Perhaps that doesn’t make any difference to most of them; life tenure guarantees that they get paid every day just for waking up regardless of what they do afterwards. But, as Congress is finding out, once you establish yourselves as feckless in the face of a tyrannical and overbearing Executive, respect and proper Constitutional roles might prove difficult or impossible to regain.

Since the NAIJ leadership seem to be the only ones courageous enough to speak out against the travesty occurring in the Immigration Courts, no wonder the DOJ is trying to illegally disband the NAIJ. I wonder why these very overt actions to suppress the First Amendment and subvert the Fifth Amendment are going “over the heads” of the Article III Judiciary. What’s the purpose of an “independent judiciary” that is afraid or unwilling to stand up for judicial independence when it matters most!

As the late Dr. Martin Luther King, Jr., said:

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

I think he would be totally disgusted with the overall performance of the Article III Appellate Judiciary in failing to stand up for and protect the legal rights and very lives of the most vulnerable among us: migrants, including asylum seekers.

FULL DISCLOSURE: I am a proud retired member of the National Association of Immigration Judges.

PWS
11-03-19

NICOLE NAREA @ VOX: “CONFIRMING THE AMERICAN DREAM” –Debunking Another Trump White Nationalist False Narrative: Even The Poorest Immigrants Quickly Adapt & Become Self-Sufficient! — “The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States.”

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/A54Jcss-aTZ21cr6npgpyDA

Nicole Narea reports at Vox News:

 

A new study shows that even the poorest immigrants lift themselves up within a generation

It appears that the idea of the “American Dream” has some truth.

By Nicole Narea@nicolenarea  Nov 1, 2019, 2:20pm EDT

Share this story

Carmen del Thalia Mallol holds her daughter Lia, 4, after becoming a new US citizen during a naturalization ceremony inside the National September 11 Memorial Museum on July 2, 2019, in New York City. Drew Angerer/Getty Images

The adult children of immigrants, almost universally, show more upward economic mobility than their peers whose parents were born in the United States. Indeed, a new working paper by Stanford University’s Ran Abramitzky; Princeton University’s Leah Platt Boustan and Elisa Jácome; and the University of California Davis’ Santiago Pérez finds that this is especially true for the lowest-income immigrants and remains true for the most recent cohorts for which data is available.

Drawing from census data, publicly available administrative data, and federal income tax data, they traced the income levels of millions of fathers and sons over time dating back to 1880. The children of immigrants climbed higher in the income rankings than those born to US natives across history and in 44 of the 47 sending countries they studied.

The paper contradicts President Donald Trump’s rhetoric suggesting that immigrants drain the social safety net rather than pulling themselves up and that immigrants from a select few countries are more desirable than others. On that basis, the president has pursued numerous policies aimed at preventing low-income immigrants, particularly those from what he has referred to as “shithole countries,” from entering and settling in the US.

Even poor immigrants’ kids achieve success

Prior research has shown that immigrants who start out earning less than their US-born peers are unlikely to catch up in their lifetimes. And among more recent immigrants, that initial income gap is growing bigger and harder to close.

But the new study shows that, even if immigrants start out with low income levels, most are not only catching up eventually but surpassing their US-born peers — even if it takes a generation.

Even children of the poorest immigrants from most countries have higher levels of economic mobility than their peers born to American parents. https://economics.princeton.edu/2019/10/25/immigrant-mobility-abramitzky-boustan/

The typical explanation offered for this kind of immigrant achievement is some inherent quality resulting from cultural differences, such as a strong work ethic or placing a value on education. But the working paper offers a more tangible explanation for the mobility gap: Immigrants tend to settle where there is more economic opportunity and take jobs that are below their true skill level.

“We don’t even have to reach for these cultural explanations,” Boustan said in an interview. “A lot of it has to do with immigrants being willing to move anywhere and choosing locations where there are growing industries and a good set of job opportunities for their kids. Those are choices that immigrants are making that are different from the US-born and that could be a feature of immigrant success.”

It makes sense why immigrants choose to move to areas of higher economic opportunity as compared to the US-born. Without social and professional networks anchoring them to one place, they are more “footloose” and flexible in where they ultimately settle, Abramitzky said. Historically, that has meant that foreign-born populations tend to cluster in urban areas.

The first generation arriving in the US, however, might also have difficulty finding work at income levels that reflect their true talents and abilities due to a variety of factors: limited English skills, lack of an established professional network in the US, and discrimination, Boustan said.

A classic scenario might be a Russian scientist who comes to the US and works as a cab driver. In that case, the second generation might be able to move up more quickly than their father’s income ranking would suggest.

“What might matter for the kids is what their father’s true talents and abilities were, rather than where he gets placed in the labor market,” Boustan said.

The economic mobility gap, the paper finds, is particularly stark when examining the children of those on the lowest rungs of the income ladder, ranked below the 25th percentile. In that category, the children of immigrants climb three to six percentile rank points higher than the children of natives.

The gap narrows, however, when examining families from the top income levels. And it even reverses slightly when comparing children growing up in the same geographic area.

The paper, while expansive, has some limitations: It relies on federal income tax records that likely do not capture unauthorized immigrants, the primary target of the president’s ire as he attempts to make the southern border all but impenetrable to migrants from Central America attempting to cross illegally.

But it’s reasonable to speculate that unauthorized immigrants would also settle in areas of economic opportunity and take jobs below their skill level, potentially resulting in similar rates of economic mobility as compared to other immigrants, the researchers said. The only caveat could be that unauthorized immigrants and their children experience more discrimination in the US, limiting their access to higher-paying jobs.

All kinds of immigrants move up the ladder

Boustan said the paper pushes back on the idea of “model minorities”: that minorities from certain ethnic or racial backgrounds tend to find more socioeconomic success than others. It’s typically been used to describe Asians in contrast to Hispanics and African Americans. But regardless of race or ethnicity, children of immigrants from the overwhelming majority of the countries they studied performed better than the US-born.

The paper’s findings also challenge Trump’s ideas about who should be allowed to immigrate to the US.

In January 2018, he reportedly derided immigrants from what he considers “shithole countries,” including El Salvador and African nations, while simultaneously calling for “more people from Norway.” And he infamously maligned Mexican immigrants when launching his campaign for president in 2015.

“When Mexico sends its people, they’re not sending their best,” he said. “They’re sending people that have lots of problems, and they’re bringing those problems with us.”

In fact, immigrants from Mexico, El Salvador, and African nations such as Nigeria are all performing better than the US-born. And in past waves of immigration, immigrants from Norway actually performed worse than the US-born.

“We take it as a warning against taking a nostalgic view of immigration,” Abramitzky said.

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Trump’s (and his fellow White Nationalists’) racist-inspired false narratives are harming America and preventing us from becoming even greater. Obviously, a smarter, more decent Administration would cut the xenophobic nonsense, legalize the law-abiding migrants already here, and propose ways to expand legal immigration across the board.

Those actions, not expensive, mean-spirited, and ultimately futile “enforcement only” gimmicks, would address the “immigration issue” in a fair, humane, and mutually beneficial manner. Also, by reducing the “unnecessarily undocumented population” and providing more realistic opportunities for future legal immigration and integration into our society, immigration enforcement would become far more focused, efficient, and effective.

Instead of treating needed workers and legitimate refugees like “bank robbers” (often actually ignoring the real criminals), the DHS could concentrate on a smaller number of individuals attempting to evade a more reasonable and realistic system.  Additionally, with real lines for legal immigration, rather than imaginary ones the Trump crowd often disingenuously references, being sent “to the back of the line” would be more of a deterrent than it is now.

Although, as Nicole points out, the study didn’t specifically cover undocumented individuals, the findings of this study certainly match my “real life” experiences in Immigration Court. The overwhelming majority of those coming before me on the non-detained docket were basically decent, law abiding folks performing productive functions in our communities. For a short time at the end of the Obama Administration, ICE actually recognized the futility of removing such individuals and exercised “prosecutorial discretion” (“PD”) through “administrative closing” in many cases where removal would actually diminish our nation while wasting limited court time.

Those very few individuals who ”flunked out” of the “PD program by getting in trouble were returned to court, usually on the detained docket, and in most cases removed. The others formed a “natural core” for a future legislative legalization program that a smarter,  kinder, braver Administration would have proposed.

Naturally, one of the first things the Trump White Nationalists tried to do was end two of the most successful programs ever instituted within DHS: DACA and PD. The results of these mean-spirited and short sighted actions have been highly problematic for the individuals involved as well as our country.

PWS

11-02-19