🇺🇸 MAINE VOICES: A “Woke” America Is A Better America, Says Don Bessey Of Old Orchard Beach — Speak Out Against the Agenda Of Hate, Marginalization, & Dehumanization Being Touted By Right-Wing Politicos & Their Followers! — “These people should not be leading our wonderful country.”

Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Ron DeSantis
Dave Grandlund
PoliticalCartoons.com
Republished under license
Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!

https://www.pressherald.com/2023/06/10/maine-voices-woke-should-not-be-a-four-letter-word/

From the Portland Press Herald:

Maine Voices: ‘Woke’ should not be a four-letter word

Being aware of how we have treated and still treat other people in our society is so important to our society’s evolving that it should be honored, not vilified.

It is frustrating to see the continuous redefining of words and terms by the extremist conservative element in our society and government. One of these terms is “woke.” According to Merriam-Webster, the definition is “aware of and actively attentive to important societal facts and issues.” I will add in the qualification as well: “especially issues of ABOUT THE AUTHOR

For my entire life I have strived to embrace this philosophy, trying to listen to and understand other opinions, beliefs and religions, whether they agreed with mine or not, understanding that one cannot fully comprehend a point of view without appreciating the counterpoint. This certainly requires personal evolution and maturity. Being aware of the true history of our country, of how we have treated and still treat other people in our society, is so important to our society’s evolving that it should be honored, not vilified.

The term “woke” has now been unjustly transformed into a negative term. Let that sink in: Attention to important facts and issues, the truth, is something to avoid and discredit. Somehow, this makes sense to a significant number of our political leaders and fellow Americans. It appears that what is most troubling for those who would see “woke” as a vile four-letter word is the qualification above, that it applies to “issues of racial and social justice.”

One of the tag lines for objecting to this thought is that it may cause someone to feel uncomfortable or criticized by being confronted with these historical facts. Personally, I strongly desire to know the truth. I am delighted – admittedly, shocked sometimes – by learning about the history we were never taught, which was suppressed to a large extent for so many years by those who perpetrated many injustices. The historical truth has never made me feel bad about myself. In fact, it is enlightening. It expands my understanding of how and why we have come to this place in our evolution. It shows me how to be better and more empathetic, and it suggests the path forward.

I believe I do understand why this can be so threatening and discomforting to so many. I believe that the truth is like a mirror to them. They see their own racist views, their distrust of anyone they perceive as being “different” as a significant threat. I feel so sad for them, since in my life, through being open to other races, ethnicities, religions and thoughts, I have learned so much and have been blessed with a much more beautiful world, life and friends.

It is extremely troubling to see elected officials, the leaders of our political parties, and fellow Americans embracing and endorsing this philosophy of derision, division and hateful rhetoric that has its roots in the cesspool of white supremacist thought.  They are leading us into the abyss of an authoritarian kakistocracy, or government by the worst of us. We must all, every rational one of us, stand and reject this thinking. We must only, and always, embrace truth, the actual facts. These people should not be leading our wonderful country.

Don Bessey is an Air Force veteran of the Vietnam War and a resident of Old Orchard Beach.

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

Well said, Don! Thanks for speaking out so forcefully! 

Don’s views echo several previous postings from Courtside:

Walter Rhein: “When people say they are ‘anti-woke,’ I interrupt them and say ‘You mean ‘anti-black.’ They become enraged and act like they’re the victims (like racists always do).”https://wp.me/p8eeJm-8tJ

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

 

As [Villanova University President] Father [Peter M.] Donohue said at yesterday’s celebration,  “‘Woke’ means social justice!” https://wp.me/p8eeJm-8vF

 

🇺🇸Due Process Forever!

PWS

06-11-23

⚖️🧑‍⚖️ IMMIGRATION COURTS IN CRISIS = DENIAL OF DUE PROCESS FOR INDIVIDUALS  — NY Times Article Quoting Round Table’s Judge Eiza Klein & Charles Honeyman, Also NDPA Officials, Judge Mimi Tsankov and Judge Samuel Cole! — PLUS BONUS COVERAGE: My Latest “Mini Essay” — “EOIR ABUSES ASYLUM SEEKERS”

Hon. Eliza Klein
Eliza C. Klein, a retired immigration judge, said the asylum case backlog “creates a second class of citizens.”Credit…Taylor Glascock for The New York Times

https://www.nytimes.com/2023/05/12/us/politics/immigration-courts-delays-migrants-title-42.html?smid=nytcore-ios-share&referringSource=articleShare

Zolan Kanno-Youngs reports for the NYT:

. . . .

Eliza C. Klein, who left her position as an immigration judge in Chicago in April, said the latest increase in illegal border crossings will strain the understaffed work force as they prioritize migrants who crossed recently.

That will leave some older cases to languish even longer, she said.

“This is a great tragedy because it creates a second class of citizens,” Ms. Klein, who started working as an immigration judge in the Clinton administration, said of those immigrants who have been waiting years for an answer to their case. The oldest case Ms. Klein ever adjudicated had been pending in the court for 35 years, she said.

“It’s a disgrace,” Ms. Klein said. “My perspective, my thought, is that we’re not committed in this country to having a just system.”

While crowds of migrants continued to seek refuge in the United States after the lifting of Title 42, U.S. officials said the border remained relatively orderly. About 10,000 people crossed the border on Thursday, a historically large number, but that dropped significantly to about 6,200 on Friday.

Tens of thousands of migrants continued to wait in makeshift camps on both sides of the border for a chance to request sanctuary in the United States. The administration remained concerned about overcrowding; Border Patrol held more than 24,000 migrants in custody on Friday, well over the agency’s maximum capacity of roughly 20,000 in its detention facilities.

. . . .

Mimi Tsankov, the president of the National Association of Immigration Judges, said that to truly address the backlog, the Biden administration would need to do more than simply hire more judges. She said that the government should increase funding for better technology and bigger legal teams, and that Congress should reform the nation’s immigration laws.

“The immigration courts are failing,” said Samuel B. Cole, the judge association’s executive vice president. “There needs to be broad systemic change.”

. . . . .

Judge Charles Honeyman, who spent 24 years as an immigration judge and retired in 2020, said he came away from his job believing the United States would need to do a better job of deterring fraud while protecting those who would be harmed in their home country.

When handling an asylum case, Mr. Honeyman said he would assess the person’s application and examine the state of their home country by reading reports from the State Department and nonprofits. Many of the applicants lacked attorneys; he believes some cases that he denied might have turned out differently if the migrants had had legal representation.

In trying to root out fraud, he would compare a person’s testimony with the answers they had given to an asylum officer or Border Patrol agent.

. . . .

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

Read the full article at the link.

 

EOIR ABUSES ASYLUM SEEKERS — The Problem Goes Deeper Than The Number Of Judges: Quality & Culture Matter!

By Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

Courtside Exclusive

May 16, 2023

While the NYT article notes that the majority of asylum cases are eventually denied on the merits, this data is often presented in a misleading way by the Government, and unfortunately, sometimes the media. According to TRAC Immigration, during the period Oct 2000 to April 2023, approximately 43% of asylum seekers who received a merits decision were granted asylum or some other type of relief. Approximately 57% were denied. https://trac.syr.edu/phptools/immigration/asylum/

Even in an overall hostile system, where individuals are often required to proceed without lawyers, and grant/denial rates among Immigration Judges vary by astounding levels (so great as to present prima facie due process issues), asylum seekers succeed on the merits of their claims at a very respectable rate. In a properly staffed and administered system where the focus was on due process and fundamental fairness for individuals, that number would almost certainly be substantially higher. 

Moreover, the data suggests that toward the end of the Obama Administration and during the entire Trump Administration, the asylum system was improperly manipulated to increase denials. 

For instance, in FY 2012, approximately 55% of asylum claims decided by EOIR on the merits were granted. https://trac.syr.edu/immigration/reports/306/. While there was no discernible worldwide improvement in human rights conditions in the following years, IJ asylum grant rates cratered during the Trump years, reaching a low of 29% in FY 2020, barely half the FY 2012 level. https://trac.syr.edu/immigration/reports/668/#:~:text=While%20asylum%20grant%20rates%20declined,after%20President%20Biden%20assumed%20office.%20That%E2%80%99s%20a%20decline%20of%20nearly%2050%%20since%20the%20FY%202012%20high.

I think there are three reasons for the precipitous decline in asylum grant rates, largely unrelated to the merits of the claims. First, Attorneys General Jeff Sessions and Bill Barr overruled some of the leading administrative precedents supporting grants of asylum. In the process, they made it crystal clear that they considered Immigration Judges to be their subordinate employees within the political branch of Government and that denial, deportation, and assistance to their “partners” at DHS Enforcement (actually DHS is a party before EOIR, not a “partner”) were the preferred results at EOIR.

Second, in greatly expanding the number of Immigration Judges, Sessions and Barr appointed almost exclusively from the ranks of prosecutors and government attorneys, even elevating an inordinate number of individuals with no immigration and human rights experience whatsoever. Not only were well-qualified individuals with experience representing individuals in Immigration Court largely passed over and discouraged from applying, but some of the best Immigration Judges quit or retired prematurely as a matter of conscience because of the nakedly anti-immigrant pro enforcement “culture” promoted at EOIR. 

Additionally, the nationwide appellate court and precedent setter, the BIA, was expanded and “packed” with some Immigration Judges who denied virtually all of the asylum cases coming before them and had reputations of hostility to the private bar and asylum seekers. Remarkably, Attorney General Garland has done little to address this debilitating situation at the BIA.

Third, since the latter years of the Obama Administration, when a vastly overhyped “border surge” took place, political officials of both parties have improperly “weaponized” EOIR as a “deterrent” to asylum seekers, focusing on expeditious denials of asylum rather than the due process and expert tribunal functions the agency was supposed to serve. The result has been a “culture of denial and deportation” with particular emphasis on finding ways to “say no” to women and individuals of color seeking asylum.

The NYT Article also mentions that asylum merits decisions require a higher standard of proof than “credible fear determinations.” That’s true. But the suggestion that the standards are much higher is misleading. In fact, the standards governing merits grants of asylum before the Asylum Office and EOIR are supposed to be extremely generous. 

In the seminal case, INS v. Cardoza-Fonseca, the Court said that “well-founded fear” is a generous standard, one that could be satisfied by a 10% chance of persecution. In implementing this holding, the BIA found in Matter of Mogharrabi that asylum could be granted even where the chances of persecution were substantially less than probable.

There is as also a regulation, 8 C.F.R. 208.13, issued under the Bush I Administration, that creates a rebuttable presumption of future persecution based on past persecution.

The problem is that none of these generous and remedial provisions relating to asylum has ever been properly, consistently, and uniformly applied within EOIR. As someone who during my time on the bench took these standards to heart, I found that a substantial majority of merits asylum cases coming before me could and should be granted under a proper application of asylum law.

Consequently, I am skeptical of judges who deny virtually all asylum claims. Likewise, I question the claims by political officials of both parties who pretend, without actual knowledge, that almost all asylum applicants at the border are “mere economic migrants” who deserve to be quickly and summarily removed. 

Actually, under some circumstances, severe economic hardships can amount to persecution. Moreover, under the legally required “mixed motive” analysis for asylum, an economic aspect does not automatically obviate other qualifying grounds.

So, at its root, “credible fear” is actually an even more generous application of what is already supposed to be (but often isn’t in reality) a very generous standard for asylum. The alleged “disconnect” between the number of individuals found to have credible fear and the number actually granted asylum on the merits appears to be more a function of defective and overly restrictive decision-making at EOIR than it is of unjustified generosity of Asylum Officers screening for credible fear. It’s also important to remember that at the credible fear stage, individuals haven’t had time to marshal the substantial corroborating evidence eventually required (some would say unrealistically and unreasonably) in formal merits asylum hearings before EOIR.  

Finally, just aimlessly increasing the number of Immigration Judges, without solving the systemic legal, logistical, management, quality control, training, and “cultural” problems infecting EOIR creates its own set of new problems. 

Recently, a veteran practitioner before EOIR wrote the following:

In about eleven years, our local DMV went from twelve (12) judges in Baltimore and Arlington in 2012 to a hundred (100) judges in 2023 (8 BAL, 18 HYA, 30 WAS, 9 FCIAC, 14 RIAC, 21 STE). That’s an increase of 733.33%. This seismic expansion has resulted in many attorneys being overscheduled for individual hearings, which has an adverse effect on our clients, our ethical obligations, due process, and mental health.

Well-prepared attorneys, many serving pro bono or “low bono,” are absolutely essential to due process and fundamental fairness in Immigration Court, particularly in cases involving asylum and other forms of protection. For EOIR to schedule cases in a manner that does not take into consideration the legitimate needs and capacities of those practicing before their courts is nothing short of malpractice on the part of DOJ leadership.

There is a silver lining here. The EOIR judicial hiring program gives NDPA stars a chance to get on the bench at the retail level level, bring much needed balance and perspective, and to develop the credentials for future Article III judicial appointments. Since change isn’t coming “from the top,” we need to make it happen at the “grass roots level!” Keep those applications coming!

🇺🇸Due Process Forever!

PWS

05-16-23

        

 

📰 IMMIGRATION JOURNALISM: ATLANTIC’S CAITLIN DICKERSON WINS PULITZER FOR REPORTING CRUELTY & OFFICIAL LIES BEHIND FAMILY SEPARATION!

Caitlin Dickerson
Caitlin Dickerson
Immigration Reporter
The Atlantic
PHOTO: Wikipedia

 

https://www.theatlantic.com/press-releases/archive/2023/05/caitlin-dickerson-wins-2023-pulitzer-prize-explanatory-journalism/673986/

May 8, 2023—The Atlantic’s staff writer Caitlin Dickerson has won the 2023 Pulitzer Prize in Explanatory Journalism for the September 2022 cover story, “‘We Need to Take Away Children,’” an exhaustive investigation that exposed the secret history of the Trump administration’s policy to intentionally separate migrant children from their parents; the incompetence that led the government to lose track of many children; and the intention among former officials to separate families again if Trump is reelected. Her reporting, one of the longest articles in The Atlantic’s history, laid out in painstaking detail one of the darkest chapters in recent U.S. history, exposing not only how the policy came into being and who was responsible for it, but also how all of its worst outcomes were anticipated and ignored. The investigation was edited by national editor Scott Stossel.

. . . .

In awarding Dickerson journalism’s top honor, the Pulitzer Board cited: “A deeply reported and compelling accounting of the Trump administration policy that forcefully separated migrant children from their parents resulting in abuses that have persisted under the current administration.”

The Atlantic’s editor in chief, Jeffrey Goldberg, wrote to staff: “This is a wonderful moment for everyone, but particularly for Caitlin, Liz, and Xochitl. There is much to say about their talents, and the talents of their editors. This is also a very proud moment for all of you who worked on these stories. Caitlin’s piece, one of the longest and most complicated stories The Atlantic has published across its 166-year history, required the unflagging work of a good portion of our comparatively small staff—from the copy-editing and fact-checking teams to our artists and designers and lawyers. Our ambitions outmatch our size, but I’m proud to say that our team rises to every challenge.”

Dickerson’s investigation exposed that U.S. officials misled Congress, the public, and the press, and minimized the policy’s implications to obscure what they were doing; that separating migrant children from their parents was not a side effect of the policy, but its intent; that almost no logistical planning took place before the policy was initiated; that instead of working to reunify families after parents were prosecuted, officials worked to keep families apart longer; and that the architects of the legislation will likely seek to reinstate it, should they get the opportunity. Over 18 months, Dickerson conducted more than 150 interviews––including the first extensive on-the-record interviews on this subject with Kirstjen Nielsen, John Kelly, and others intimately involved in the policy and its consequences at every level of government––and reviewed thousands of pages of internal government documents, some of which were turned over only after a multiyear lawsuit.

. . . .

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

Read the complete article at the link.

Many congrats and thanks Caitlin! Unfortunately, the message still doesn’t seem to have gotten through to politicos and policy-makers of both parties who continue to promote, tout, and sometimes employ illegal, immoral, and ineffective measures directed at migrant children and families!

Most important — no accountability for the perpetrators! Indeed, if the GOP gets power again they plan to repeat their crimes! And the Dems aren’t that much better — happily touting policies that can have the same effect, whether intended or not.

🇺🇸 Due Process Forever!

PWS

05-09-23

🇺🇸🗽⚖️ NDPA SUPERHERO 🦸🏽‍♀️ MARIA DANIELLA PRIESHOFF: Cut The Dehumanizing Language! — “[T]he more dehumanizing language we use, the more likely it is that we will see immigrants as the “other” to justify cruel immigration policies.”

Maria Daniella Prieshoff
Maria Daniella Prieshoff
Senior Attorney
Tahirih Justice Center
Baltimore, MD
PHOTO: Tahirih

https://otherwords.org/retire-this-dehumanizing-language-about-immigrants/

Four Central American girls at a tent for U.S. asylum seekers in Reynosa, Mexico. For years now the U.S. has forced asylum applicants to wait in Mexico, often for years and in dangerous conditions. (Shutterstock)
Four Central American girls at a tent for U.S. asylum seekers in Reynosa, Mexico. For years now the U.S. has forced asylum applicants to wait in Mexico, often for years and in dangerous conditions. (Shutterstock)

Retire This Dehumanizing Language About Immigrants

Human beings fleeing persecution are not a “flood” or “surge.” And it’s not “illegal” when they cross the border to seek asylum.

Daniella Prieshoff

Last year, my client Susan called me to discuss her immigration case.

During our conversation she referenced the news that immigrants were being bused from the southern border to cities in the North, often under false promises, only to be left stranded in an unknown city.

In confusion and fear, Susan asked me: “Why do they hate us so much?”

While I couldn’t answer Susan’s question, her underlying concern highlights a startling escalation of public aggression against migrants over the past year.

There seems to be a growing “us” versus “them” mentality towards immigrants. This divisive language serves no purpose other than to divide our country, undermine the legal right to seek asylum in the United States, and cultivate a fear of the most vulnerable.

A clear example is showcased in recent media coverage of northbound migration across the U.S.-Mexico border. Many outlets describe recent migration through the Americas as a “flood,” “influx,” “wave,” or “surge”— language that reinforces the notion that migration is akin to an imminent, uncontrollable, and destructive natural disaster.

These descriptions are accompanied by sensational photographs and videos of long lines of brown and Black immigrants wading across the Rio Grande, crowding along the border wall, or boarding Customs and Border Patrol (CBP) vehicles to be transported to detention.

Woven into this framing is the near-constant use of the term “illegal” or “unlawful” to describe unauthorized crossings. As an advocate for immigrant survivors of domestic violence, sexual violence, and trafficking, I’m alarmed by the use of this language to describe a migrant’s attempt to survive.

Moreover, it’s often simply incorrect. A noncitizen who has a well-founded fear of persecution in the country from which they’ve fled has a legal right — protected under both U.S. and international law — to enter the United States to seek asylum.

When mainstream media wield the term “illegal” as though it were synonymous with “unauthorized,” they misinform readers and falsely paint asylum seekers as criminals.

Worse still, they encourage politicians who call immigrants themselves “illegals,” a deeply dehumanizing term. And the more dehumanizing language we use, the more likely it is that we will see immigrants as the “other” to justify cruel immigration policies.

We must retire the use of this inflammatory rhetoric, which distracts from real solutions that would actually serve survivors arriving at our borders.

Migrants expelled back to their home countries are at grave risk of severe harm or death at the hands of their persecutors. Those forced to remain in Mexico as they await entry to the United States are increasingly vulnerable to organized crime or abusive and dangerous conditions in detention.

And those who have no choice but to desperately navigate dangerous routes to the United States to avoid apprehension are increasingly dying by dehydration, falling from cliffs, and drowning in rivers.

The words we use in everyday discourse mean something — they can spell out life or death for those among us who are most vulnerable to abuse and exploitation. Now more than ever, I’d urge the public and the media to retire the use of sensationalizing, stigmatizing, and misleading imagery and rhetoric surrounding immigration.

Now is the time to apply accuracy and humanity in our depictions of migrants. Let’s not repeat the errors of our past.

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

Thanks for speaking up, MDP!

Dehumanization of the “other” has a long ugly history in the U.S., of course going back to enslaved African Americans, Native Americans, and the Chinese Exclusion Laws. 

We also see that dehumanizing language has extended from asylum seekers and other migrants to the LGBTQ+ community, Asian Americans, advocates for social justice, homelessness, handicaps, economic disadvantages, women, government officials, political opponents, etc.

🇺🇸 Due Process Forever!

PWS

05-05-23

🏴‍☠️ TRUMP, MILLER, & SESSIONS ARE GONE! — BUT, FIVE YEARS LATER, THE PAIN & SUFFERING FROM THEIR CRUEL, UNCONSTITUTIONAL “CHILD SEPARATION” POLICY CONTINUES — Miriam Jordan Reports For The NYT!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license
Miriam Jordan
Miriam Jordan, National Immigration Reporter, NY Times

https://www.nytimes.com/2023/04/11/us/migrant-family-separations-citizens.html?smid=nytcore-ios-share&referringSource=articleShare

Miriam Jordan @ NYT:

April 11, 2023

6 MIN READ

LOS ANGELES — The Trump administration intentionally separated thousands of migrant children from their parents at the southern border in the spring of 2018, an aggressive attempt to discourage family crossings that caused lasting trauma and drew widespread condemnation.

What is only now becoming clear, however, is that a significant number of U.S. citizen children were also removed from their parents under the so-called zero tolerance policy, in which migrant parents were criminally prosecuted and jailed for crossing the border without authorization.

Hundreds, and possibly as many as 1,000, children born to immigrant parents in the United States were removed from them at the border, according to lawyers and immigrant advocates who are working with the government to find the families.

In many cases, the U.S.-born children were placed into foster care for lengthy periods, and some have yet to be reunited with their parents, lost in the system nearly five years after the separations took place.

. . . .

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

Read Miriam’s full article at the link.

Notably, no accountability for public officials who intentionally violate human rights!

🇺🇸 Due Process Forever!

PWS

04-12-23

⚖️🗽 INTERNATIONAL HUMAN RIGHTS EXPERTS PROFESSORS KAREN MUSALO & AUDREY MACKLIN LAMBASTE ADMINISTRATION’S EXPORT OF TRUMP’S CRUELTY TO THE NORTHERN BORDER! — LA TIMES —  “[M]ost tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.“☠️⚰️

 

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law
Professor Audrey Macklin
Professor Audrey Macklin
University of Toronto
Law Faculty
PHOTO: U of Toronto

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwici4Gv7YP-AhWXFFkFHd8TDXYQFnoECA4QAQ&url=https%3A%2F%2Fwww.latimes.com%2Fopinion%2Fstory%2F2023-03-29%2Fsafe-third-country-policy-at-canada-united-states-border-hurts-asylum-seekers&usg=AOvVaw0lGBjB9cBDdxHBiQnCQ5Zc

At almost 4,000 miles, the United States’ northern border is about twice as long as the U.S.-Mexico border — much of it wild, unmarked and dangerously cold for half the year. And yet, human smuggling and deaths at the U.S.-Canada border have not been a major phenomenon, as they have been down south. Nor has Canada poured billions of dollars into a network of walls, fences, robotic dogs and militarized border patrol. It is also true that historically the number of asylum seekers and migrants seeking entry to Canada has been relatively low.

But the ills of the U.S.-Mexico border seem bound to spread northward, now that Canada reached a deal with the Biden administration to expand a 2004 agreement to repel Canada-bound asylum seekers back to the United States (and vice versa).

As U.S. policies toward asylum seekers grew harsher from 2017 on, the number attempting to enter Canada increased. Instead of appealing to its southern neighbor to do better, Canada is coordinating with the U.S. to pass the buck on the legal obligation to protect refugees, which both countries undertook when they signed the Refugee Convention and Protocol more than 50 years ago. Their current approach foists responsibility onto poorer, less stable countries that are already doing more than their share.

Both the U.S. and Canada have pursued this under a “safe third country” rule, which enables a country to return asylum seekers to a nation they have passed through on their journey if it is considered safe and deemed to have a fair process for seeking protection. That “safe third country” then has the responsibility to determine their claims.

. . . .

This has been labeled a crisis, but it simply isn’t, especially when one considers that 85% of the world’s refugees are hosted in lower- and middle-income countries. Furthermore, Canada knows how to manage refugee inflows decently when it chooses to do so: Over 160,000 Ukrainian refugees have been welcomed during the past year.

. . . .

The Safe Third Country Agreement and related policies subvert the obligations to which Canada and the U.S. are subject under international refugee law. They undermine the existing global system of protection. But most tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.

Karen Musalo is a law professor and the founding director of the Center for Gender and Refugee Studies at UC Law, San Francisco. Audrey Macklin is the director of the Centre for Criminology and Sociolegal Studies at the University of Toronto.

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

Read the complete op-ed at the link.

Predictably, bad things happen when the border is closed to legal asylum seekers! Illustrating the point made by Professors Macklin and Musalo, the bodies are already being found along the Northern border.  See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=071fc539-98b4-49fc-9656-26412f42e79b.

The obvious answer is to establish a fair, timely, generous asylum adjudication system at ports of entry and to dramatically increase the number of legal refugees who can come from countries in Latin America, particularly the Northern Triangle. If you build a functional legal refugee and asylum system refugees will use it.  Why wouldn’t they?

A legitimate refugee and asylum system results in permanent admission with permission to work that leads to green cards and, eventually, citizenship for those who choose the latter. It’s quite different from ad hoc, nationality and numerically limited use of discretionary “parole” stratus. Parole status lacks transparent criteria, does not necessarily prioritize refugees and asylees as the law requires, and most seriously has no “built in” path to permanent status. 

Consequently, “parolees” must either apply under a incredibly backlogged asylum system in the U.S. — thus guaranteeing delay and unnecessarily adding to the already monster backlog — or find themselves “in limbo” after two years and clearly becoming both a target and “political football” for restrictionists. And, there can be little doubt that even if the Biden parole program survives pending court challenges, it will immediately be terminated by any future GOP Administration.

Making the existing legal system work in a durable, fair, and properly generous manner to protect refugees is clearly the way to go! It would be hugely beneficial to both both the refugees and our nation! Why the Biden Administration insists on scofflaw “deterrence only” gimmicks that advance the racist/nativist agenda of the losers of the 2020 election is beyond me!

🇺🇸 ⚖️🗽 Due Process Forever!

PWS

04-02=3-23

🤮🤥 “DUH” OF THE DAY: “Billy the Bigot” Barr Is An Unethical, Right-Wing Hack Who Abused His Authority @ DOJ In Service Of Trump Over America! — Durham Investigation Was “Abusive, Partisan, and Unhinged!“

 

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License

https://nymag.com/intelligencer/2023/01/the-durham-probe-was-barrs-witch-hunt.html

Johnathan Chait
Johnathan Chair
Political Columnist
NY Magazine
PHOTO: Facebook

Johnathan Chait @ The Intelligencer:

There is an enduring pattern in American conservatism in which the right first develops a paranoid interpretation of the liberal Establishment, and then reverse engineers its own version of the monster it has imagined. Conservatives convinced themselves that the mainstream media and universities were mere propaganda organs, then created institutions like the Heritage Foundation and Fox News, warped reflections of their own overheated critique. The January 6 insurrection was, of course, in the mind of its participants, a “response” to the imagined vote-fraud conspiracy and its antifa/BLM shock troops.

John Durham’s investigation is a classic episode in this tradition. The American right first convinced itself that Robert Mueller and the deep state, using the cover of dispassionate professionalism, had launched a partisan witch hunt to smear Donald Trump. In response, it created a right-wing mirror image, as fervently partisan and unhinged as they believed their enemies to be.

The New York Times has a deeply reported narrative showing how Durham’s counter-investigation of the Russia probe, cooked up by William Barr at Donald Trump’s urging, was just as abusive, partisan, and unhinged as Trump’s defenders made Mueller out to be.

The purpose of special counsel is to wall off a politically sensitive investigation from the attorney general. But Durham, reports the Times, was working closely with Barr behind closed doors all along. The two Republicans dined and drank together, and came to share Barr’s Fox News–brained beliefs that Trump had been the victim of a conspiracy.

Rather than preventing Barr from meddling in a politicized investigation, this arrangement inverted that purpose and laundered Barr’s involvement through Durham’s putative independence. “At some point, some particularly ill-informed critic of the administration may try to paint Durham as a right-wing hack or Republican loyalist,” wrote National Review’s Jim Geraghty in a fawning profile, singling out the NAACP’s Sherrilyn Ifill for having the temerity to suggest Durham might have been compromised by serving Trump’s ends.

Durham and Barr kept failing to prove the deep-state conspiracy they imagined, but continued to press forward anyway. At one point they seized upon hacked Russian memos that intelligence analysts deemed obviously fake, instead treating them as a valuable intelligence trove, and tried to prove it out, even harassing one of the targets to obtain his emails (which contained nothing incriminating). It weirdly reflected the Trumpist accusation that Robert Mueller had been tricked into pursuing Russian disinformation.

As Durham kept failing to find support for the conspiracy he was pursuing, and which Barr kept floating in public, his deputies chafed at his obsession. Eventually, one of them resigned in protest when he brought charges against Michael Sussmann, a target of the right. As his former lieutenants expected, Durham’s case was defeated in court.

. . . .

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

Read the complete article at the link.

Immigration advocates didn’t need a NY Times investigation to tell you that Barr was corrupt! Biased anti-immigrant, anti-asylum “AG precedents;” BIA “Appellate Judges” appointed for their unusually high asylum denial rates and known hostility to migrants and their attorneys; Immigration Judges appointed without expertise in immigration and human rights, overwhelmingly from the ranks of prosecutors; busting the IJ union (“NAIJ”) for speaking out against DOJ’s politicized mismanagement; issuing an EOIR “Fact Sheet” full of lies, misrepresentations, and myths; appointing politicized managers at EOIR without judicial or due process qualifications; taking ethically questionable litigating positions in Federal Court; the list of Barr’s abuses of authority on immigration and human rights goes on and on!

AG Merrick Garland has made a few ameliorative changes. Some of the worst precedents have been overruled; some unqualified political senior executives been removed or reassigned; over time, judicial selection has been shifted to a more balanced, merit-based system that has resulted in the appointment as Immigration Judges of some widely-recognized experts, with experience representing individuals, and a demonstrated commitment to due process for all; “numerical quotas” for IJs have been eliminated. (Curiously, however, Garland “honored” 17 “transition” Barr judicial selections made under badly flawed selection criteria!)

Yet, overall, EOIR remains largely the disaster zone that Barr left behind. Trump-era anti-asylum Appellate Judges continue to dominate the BIA; many Trump-era IJs still misapply basic immigration legal standards and operate “asylum free zones;” management is weak; training is inadequate; dockets are out of control; respondents and their attorneys are treated unprofessionally; quality control is largely nonexistent; wildly inconsistent “refugee roulette” asylum adjudication remains; an enforcement-skewed culture of “any reason to deny and deport” continues to infect EOIR at all levels; “numbers” are emphasized over quality and fairness; and the DOJ’s OIL often defends indefensible EOIR decisions in Federal Court on the apparent rationale that “it’s only migrants’ lives at stake, so who cares!”

Unhappily, the Biden Administration has barely “scratched the surface” of the badly needed and long overdue common sense reforms needed at EOIR and the DOJ to put the Sessions/Barr abuses behind us and move forward! Barr was a bad AG; but, his ghost continues to haunt the DOJ and those seeking equal justice for all!

🇺🇸 Due Process Forever!

PWS

01-30-23

 

🎪 NEWS FROM THE BIG TOP: “We need a Congress, not a circus,” 🤡 say Dan Rather & Elliot Kirshner! — “Burning Down The House!” 🔥

Dan Rather
Dan Rather
American Journalist
PHOTO: Creative Commons

https://steady.substack.com/p/burning-down-the-house?utm_medium=email

Burning Down The House

Chaos reigns

Dan Rather

and

Elliot Kirschner

13 hr ago

834

266

Before craziness and chaos engulfed the House of Representatives in the saga of electing a new speaker, a Kodak moment provided a vivid portrait of the relative health of our two major political parties and our nation as a whole.

There stood Nancy Pelosi raising the gavel for the last time as speaker in front of the imposing scroll-back chair from which she had wielded power. Her job at that moment was purely ceremonial — closing the 117th Congress — but the symbolism was poignant. It marked an end to a Congress of action and accomplishment and the beginning of an era of performative pandemonium. The gavel stood there in mid-air like a baton with no one to accept it.

(Photo by Chip Somodevilla/Getty Images)

In the reporting on Kevin McCarthy’s travails for gaining the speakership, many have noted how small his majority is, how he can afford to lose only a few votes, and that therein lies his major problem. But as others have pointed out, Pelosi had a small majority in the last Congress — yet she maintained unity in her party and ran the House with efficiency and precision, and to great effect.

The dumpster fire we are witnessing now has been smoldering for years, if not decades. It is what happens when people elect representatives who actively hate the idea of governance. It is what happens when people rack up victories with Fox News rants and not legislation. It is what happens when a quest for power means you’re willing to yield and appease everyone and everything that can help you secure it.

To be sure, crooks, cranks, and malevolent embarrassments have not been the exclusive purview of any one political party over the years. The nature of democracy is that it can be very messy; in moments of passion, fear, or even apathy, it can sweep into office all manner of men and women who have no business being there. The idea of a legislature, however, is that the whims, idiosyncrasies, and destructive instincts of a few can be tempered by the many. Obviously that is not what is happening now.

There is a tendency among some in the beltway press to frame this as a battle of the political extremes, how the far right is undermining Republican initiatives. In this analysis there is often a perfunctory “both sides” mention of the political left, which also supposedly threatens the “center” and the ability to govern.

This simplistic framing misses the mark at this moment. On the Republican side, it is not clear what the renegades want, other than to figuratively burn down the house (or House). Some have specific demands, and McCarthy has caved more than a spelunker. But it’s still not good enough. Furthermore, these demands are almost exclusively about process and not policy. It’s about allowing a nihilistic minority to foment perpetual mayhem, thereby undercutting the debate and responsible compromise that should be the business of Congress. Ultimately, it’s about accommodating Steve Bannon and not delivering for constituents.

There is no analogous movement on the left. Even if one disagrees with the policy positions of the so-called progressive wing of the Democratic Party, ultimately those members of Congress are almost all institutionalists — in that they believe in the idea and work of the legislative branch of government. They understand that you need a speaker for the House to function, so they backed Pelosi. They left the debates and disagreements for individual bills and votes. That, by the way, is how the Founders envisioned it.

But this isn’t just about Pelosi, as formidable as her leadership skills were. The Democrats also have rallied around her successor, Hakeem Jeffries of New York, who occupies more of the moderate middle of the party. As Republicans embarrass themselves on the national stage with rounds and rounds of votes, the Democrats have held steady in unity behind Jeffries. It’s an impressive show of discipline for a political party that was once mocked (including by Democratic members of Congress) for having all the herding instincts of cats.

As much as this spectacle is gaining the attention of the American people, make no mistake that it is being watched with keen eyes around the world — by our friends and foes alike. Our allies wonder, especially in the wake of the last administration, whether they can count on America. Will these renegades blow up the world economy by defaulting on American debt? Will they pass a budget? Will they support Ukraine? Will they actively continue to undermine America’s democratic traditions?

Meanwhile, in places like Moscow, Beijing, Tehran, and Pyongyang, despots, autocrats, and dictators are cheering our divisions and the distance they create between our national ideals and our political reality. In moments of instability in Washington, the entire world becomes more dangerous. Not that the Republican holdouts care.

The public debasement of House Republicans may make for great schadenfreude viewing for Democrats. Some literally broke out the popcorn in the House chamber. But ultimately this is a sad moment for our country. We need strong political parties that believe in negotiating, legislating, and governing. We need individual congresswomen and men of decency and integrity. We need strength and thoughtfulness to tackle our myriad problems.

We need a Congress, not a circus.

Note: If you are not already a member of the Steady community, please consider subscribing. We always appreciate you sharing our content with others and leaving your thoughts in the comments.

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

Don’t expect the “Party of Insurrection & Putin” to come around. Even assuming that McCarthy eventually prevails (not by any means a “safe bet”), he is totally compromised as a leader. Any other candidate would be in a similar weak position. 

The GOP has for many years evinced no interest whatsoever in governing in the public interest, rather than destroying, disrupting, and engaging in shameless self-aggrandizement.The problem for democracy is that too many voters keep electing them, thereby promoting the demise of our nation. 

For now, the “Clown Car” 🤡🚗 remains parked in the Speaker’s space at the Big Top 🎪!

🇺🇸Due Process Forever!

PWS

01-05-23

🤯“The words egregious and illegal don’t go far enough!” — LATEST SCREW-UP BY DHS ENDANGERS CUBAN ASYLUM SEEKERS!

Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

Hamed Aleaziz reports for the LA Times:

https://www.latimes.com/world-nation/story/2022-12-19/cuba-immigrants-deported-asylum-leak

The Department of Homeland Security inadvertently tipped off the Cuban government this month that some of the immigrants the agency sought to deport to the island nation had asked the U.S. for protection from persecution or torture, officials said Monday.

Immigration and Customs Enforcement officials are now scrambling to foreclose the possibility that the Cuban government could retaliate against individuals it knows sought protection here. The agency has paused its effort to deport the immigrants in question and is considering releasing them from U.S. custody.

The accidental disclosure to the Cuban government is an example of any asylum seeker’s “nightmare scenario,” said Robyn Barnard, associate director of refugee advocacy at Human Rights First.

Many immigrants who seek safety in the U.S. fear that gangs, governments, or individuals back home will find out that they did so and retaliate against them or their families. To mitigate that risk, a federal regulation generally forbids the release of personal information of people seeking asylum and other protections without sign-off by top Homeland Security officials.

“The words egregious and illegal don’t go far enough,” Barnard said. “And this is not any foreign government, but a government we have irrefutable evidence routinely detains and tortures those they suspect of being in opposition to them.”

An even larger breach of confidentiality last month led directly to the surprising disclosure to the Cuban government. Less than three weeks ago, Immigration and Customs Enforcement officials accidentally posted the names, birth dates, nationalities and detention locations of more than 6,000 immigrants who claimed to be fleeing torture and persecution to the agency’s website.

. . . .

Anwen Hughes, director of legal strategy at Human Rights First, has years of experience comforting asylum seekers who are worried that their home countries will find out about their applications.

“They come in nervous, shaking and afraid their relatives could get arrested,” Hughes said.

Hughes has long told her clients that they should feel secure that their information would be protected.

But the most recent disclosures have given her pause.

“I don’t want to say things that won’t be true,” she said. “It is important that these assurances be meaningful.”

ICE’s November disclosure of the 6,252 names had already triggered a massive effort by the agency toinvestigate the causes of the error andreduce the risk of retaliation against immigrants whose information was exposed.

. . . .

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

Read Hamed’s complete article  at the link.

Robyn Barnard
Robyn Barnard
Associate Director of Refugee Advocacy
Human Rights First
PHOTO: Linkedin

Thanks for speaking out so forcefully, Robyn! There is Fourth Circuit case law holding that breaches of confidentiality can give rise to entirely new asylum claims that require evaluation by adjudicators.

As cogently pointed out by Anwen, problems like this also diminish confidence in the system. That, in turn, undermines efforts by advocates to assure asylum applicants that they should use the legal system, rather than being afraid of it.  This is also something that the Government should be doing, but isn’t!

For example, right now at the southern border, thousands of asylum applicants are waiting patiently in Mexico, many in dangerous and substandard conditions, for Title 42 to end so they can appear at legal ports of entry and present their claims in an orderly and legal manner. This right for “any individual, regardless of status” to apply for asylum, is guaranteed by law. Every stay or delay in the lifting of Title 42 undermines the credibility of the entire system.

As cogently found by U.S. District Judge Emmet Sullivan, asylum applicants have been illegally denied this “life or death right” to apply for asylum in an orderly manner at the border since 2020, first by the Trump Administration and now by the Biden Administration. Tellingly, the GOP nativist politicos (and, sadly, some Dems) promoting continuing abuse of Title 42 have abandoned the original Trump claim that it was a “public health measure.” They now openly present it as a “border management tool” something that it clearly was never intended to be!

Contrary to the nativist blather, the unlawful suspension of the legal asylum system at ports of entry has actually driven irregular entries, rather than discouraging them! Additionally, nativists and many member of the media fail to acknowledge that, even without Title 42, the existing law grants DHS extraordinarily authority to “summarily remove” asylum seekers if they can’t establish a “credible fear“ of asylum in an interview by a trained and well-qualified Asylum Officer.

This process was designed to take place within a relatively short period of time, at or near the border, after the individual has indicated a fear of return upon initial encounter with an Immigration Inspector at a port of entry or to a Border Patrol Agent. Those who “fail” the credible fear process can be summarily removed by DHS without formal removal proceedings before an Immigration Judge (although there is a right to request a brief review by an Immigraton Judge of the Asylum Officer’s negative decision).

Additionally, under recently enacted regulations, Asylum Officers can now grant asylum to those who pass credible fear if they find that the generous “well-found fear” standard has been met. This also has the potential of avoiding full Immigration Court hearings. Unfortunately, however, DHS to date has failed to “leverage” this ability to rapidly grant asylum, even though the potential volume of asylum seekers has been evident for many months, if not years!

It’s also notable, in contravention of many nativist politico claims, that individuals crossing the border to seek asylum often voluntarily turn themselves in to the Border Patrol so that they can get the legal screening that the Government has been improperly denying them under Title 42.

Life threatening mistakes, two years without a plan to restore the rule of law for asylum seekers, inaccurate data, bad legal rulings, many poorly qualified judges, inadequate training, failure to use and leverage refugee programs, screwed up priorities, regressive thinking, lack of expertise, no commitment to protection, unending backlogs, absence of inspiring dynamic leadership: The Biden Administration’s inept and morally vapid approach to human rights is a life-threatening mess!

🇺🇸 Due Process Forever!

PWS

12-20-22

⚖️ AMANDA FROST @ SLATE: CLARENCE THOMAS IS A SUPREME ETHICAL NIGHTMARE — His Colleagues Should Stop “Giving Him A Pass” On The Rules!

Amanda Frost
Amanda Frost
Professor UVA Law
Author, “You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers “
PHOTO: UVA Law

Justice Clarence Thomas has openly flouted the federal law that requires all federal judges, including Supreme Court justices, to recuse themselves from cases in which they cannot be impartial: He has participated in a case in which his wife, Ginni, undeniably has an interest. For a long time, it has felt like there is nothing to be done about this—conventional wisdom says that short of impeachment, Supreme Court justices are immune from penalties for their misconduct. But that is wrong.

Thomas’ eight colleagues have the tools to protect the court’s integrity: They can publicly censure him, bar him from being the decisive vote in cases in which he should have recused, and take away his power to author majority opinions. Whether they will take action is a different story, which may explain why the court’s reputation is at a historic low.

But Thomas, who has long played fast and loose with recusal laws, has finally gone too far. The issue came to a head last month, when the Supreme Court refused to block the House committee investigating the Jan. 6 attack on the Capitol from obtaining Arizona GOP Chair Kelli Ward’s phone records. In January 2021, Ward had orchestrated an alternative slate of electors (which included herself) in an effort to subvert the election of Joe Biden as president. Thomas participated in the court’s decision, casting a dissenting vote, even though his wife was intimately involved in these events.

Chances are you heard nothing about this. That’s because the decision was part of the court’s “shadow docket”—orders issued without hearing or written decision—and so it garnered little public attention.

But it should have, because Thomas’ participation in the case was a flagrant violation of the federal law requiring recusal from cases in which it is “known by the judge” that his spouse “ha[s] an interest that could be substantially affected by the outcome.” His vote also transgressed that statute’s broader provision requiring disqualification in “any proceeding in which [a judge’s] impartiality might reasonably be questioned.”

Ginni Thomas’ connection to the case is not in question. She has actively tried to overturn Biden’s election in Arizona and other states. In December 2020, Ginni Thomas sent letters to 29 Arizona lawmakers urging them to “fight back against fraud” and select a “clean slate of Electors” after Biden won the election. She also sent numerous text messages to President Trump’s chief of staff demanding he overturn the election, and attended the rally on the Ellipse on Jan. 6, though she left before the attack on the Capitol. This past September, the Jan. 6 committee subpoenaed and interviewed Ginni Thomas, and she repeated then her unfounded belief that the 2020 presidential election was stolen.

Without question, Ginni Thomas has an “interest that could be substantially affected by the outcome” of the Jan. 6 committee’s subpoena of Ward’s phone records. Also, without question, Justice Thomas knew it when he cast his dissenting vote to bar disclosure.

The eight other justices know it, too. Yet so far, they have done nothing about a fellow justice’s blatant violation of a federal law designed to protect the integrity of the court on which they serve. Understandably, the justices are reluctant to police their colleagues. But Justice Thomas’ extraordinary conduct calls for an extraordinary response.

. . . .

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

Read Amanda’s full article at the link.

Failure of one of America’s (supposedly) “top judges” to comply with basic ethical and legal rules undermines democracy! That’s doubly true when the litigation at issue involves an ex-President who has made it abundantly clear that he doesn’t believe the rules apply to him. That’s the same ex-Pres who recently treasonously claimed that the Constitution should be set aside because he lost the 2020 election by more than 7 million votes and can’t accept that truth!

🇺🇸Due Process Forever!

PWS

12-14-22

🇺🇸⚖️👍🏼 FINALLY: 11TH CIR. SHUTS DOWN ABSURDIST TRUMP JUDGE “LOOSE” CANNON!

https://www.washingtonpost.com/national-security/2022/12/01/trump-cannon-special-master-rejected/

. . . .

But special master appointments are rare, and judges at the U.S. Court of Appeals for the 11th Circuit expressed concern at oral arguments that Cannon’s decision set a troubling precedent: allowing the target of a search warrant to go into court and request a special master that could interfere with an executive branch investigation before an indictment is ever issued.

The judges did not back down from that stance in their written opinion Thursday, saying they could not issue an order that would “allow any subject of a search warrant to block government investigations after the execution of the warrant.”

“Nor can we write a rule that allows only former presidents to do so,” the Thursday opinion read. “Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations.

. . . .

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

I imagine every criminal defendant in America would be delighted to have the benefit of “Judge Loose’s” incredible ruling that the subject of a criminal investigation, basically caught “red handed” with contraband after a lawfully executed search warrant, could block an ongoing  criminal investigation.

It’s notable that all three 11th Circuit panel judges were GOP appointees, two of them Trump appointees like Judge “Loose!” Unlike “Loose,” they actually take the Constitution and their oaths of office to uphold it seriously, at least in this case!

The saga of Trump’s frivolous abuse of our justice system isn’t yet over. He can request review from the Supremes. However, since he lost to Biden, the Supremes’ GOP majority has shown less willingness to bail out the insurrectionist ex-Prez in his dilatory personal battles to avoid accountability for his actions!

🇺🇸 Due Process Forever!

PWS

12-01-22

 

⚖️ APTLY-CAPTIONED U.S. v. TEXAS WILL TEST SUPREMES’ WILLINGNESS TO STAND UP AGAINST TRUMP’S OUTLAW FEDERAL JUDGES & RACIST GOP STATE AGs!

Trump Judges
Trump Federal Judges Tilt Against Democracy
Republished under license

https://apple.news/AT659B9r2TJqCsmk0-8ONZw

A Trump judge seized control of ICE, and the Supreme Court will decide whether to stop him

Judge Drew Tipton’s order in United States v. Texas is completely lawless. Thus far, the Supreme Court has given him a pass.

By Ian Millhiser | November 27, 2022 8:00 am

In July, a Trump appointee to a federal court in Texas effectively seized control of parts of Immigration and Customs Enforcement (ICE), the federal agency that enforces immigration laws within US borders. Although Judge Drew Tipton’s opinion in United States v. Texas contains a simply astonishing array of legal and factual errors, the Supreme Court has thus far tolerated Tipton’s overreach and permitted his order to remain in effect.

Nearly five months later, the Supreme Court will give the Texas case a full hearing on Tuesday. And there’s a good chance that even this Court, where Republican appointees control two-thirds of the seats, will reverse Tipton’s decision — his opinion is that bad.

The case involves a memo that Secretary of Homeland Security Alejandro Mayorkas issued in September 2021, instructing ICE agents to prioritize undocumented immigrants who “pose a threat to national security, public safety, and border security and thus threaten America’s well-being” when making arrests or otherwise enforcing immigration law.

A federal statute explicitly states that the homeland security secretary “shall be responsible” for “establishing national immigration enforcement policies and priorities,” and the department issued similar memos setting enforcement priorities in 2005, 2010, 2011, 2014, and 2017.

Nevertheless, the Republican attorneys general of Texas and Louisiana asked Tipton to invalidate Mayorkas’s memo. And Tipton defied the statute permitting Mayorkas to set enforcement priorities — and a whole host of other, well-established legal principles — and declared Mayorkas’s enforcement priorities invalid. This is not the first time that Tipton relied on highly dubious legal reasoning to sabotage the Biden administration’s immigration policies.

. . . .

Even when the law offers no support for the GOP’s preferred policies, in other words, the Court permits Republicans to manipulate judicial procedures in order to get the results they want. The Texas attorney general’s office can handpick judges who they know will strike down Biden administration policies, and once those policies are declared invalid, the Supreme Court will play along with these partisan judges’ decisions for at least a year or so.

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

Once the GOP got the upper hand on the Federal Bench, the “traditional” conservative case for “judicial restraint” went straight down the tubes under an assault by righty ideologues eager to “do in” precedents, laws, and Executive policies that don’t fit their “out of the mainstream” political agenda, no matter how thinly reasoned or often counterfactual their “cover” might be.

And, as usual, Dems have been slow on the uptake about getting younger, staunch defenders of democracy and our Constitution on the bench to counteract the right-wing’s Article III takeover. 

As this article points out, the Supremes’ questionable “shadow docket” is manipulated by the Court’s righty majority improperly to favor GOP scofflaw tactics, even where they ultimately can’t concoct a legal basis to uphold them on the merits.

⚖️🗽👩🏻‍⚖️Better judges for a better America!

🇺🇸 Due Process Forever!

PWS

11-28-22

🇺🇸 SANE, COMPASSIONATE CONSERVATIVE WHO STOOD AGAINST GOP’S EMBRACE OF TRUMPISM, HATE, LIES, GONE FAR, FAR TOO SOON — Michael Gerson (1964 – 2022)

Michael Gerson
Michael Gerson
1964 – 2022
Columnist
Washington Post

Here’s Karen Tumulty’s moving and heartfelt tribute to her colleague from today’s WashPost:

https://www.washingtonpost.com/opinions/2022/11/17/michael-gerson-faith-america-better/

One of the biblical injunctions sometimes cited by Michael Gerson, who died Thursday at the age of 58 after a long battle with cancer, comes from the New Testament book of Colossians: “Let your conversation be always full of grace, seasoned with salt, so that you may know how to answer everyone.”

That advice works not only for Christian believers such as he was, but also in the sometimes brutal political world in which he made his mark. He was a presidential speechwriter whose own words were, indeed, singularly seasoned and notably full of grace. For the past 15 years, he enriched the pages of this newspaper as a columnist for the Opinions section.

Michael Gerson from 2013: Saying goodbye to my child, the youngster

But civility, as Mike also noted, does not preclude tough-mindedness. Nor should it be mistaken for a lack of principles or perspective. His own were rooted in the faith that fueled and defined his involvement with politics, and he was scorching in his assessment of his fellow evangelicals when theirs took what he saw as a more cynical turn. In a September essay, he wrote these supposedly conservative Christians “have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unfiltered abuse, imperious ignorance, untamed egotism and reflexive bigotry.”

“This,” Mike wrote, “is inconsistent with Christianity by any orthodox measure.”

 

Mike and I were colleagues and friends whose paths crossed pretty regularly. One place we spent time together was at semiannual conferences in Florida known as the Faith Angle Forum, where people gather to discuss religion and politics.

It was during one of those meetings in 2014 that, for the first and only time, I saw Mike get angry — really angry.

 

Follow Karen Tumulty’s opinions

Follow

Add

I was seated next to him for a session on religious conflict and the future of the Middle East, in which one of the speakers was Elliott Abrams, a fellow George W. Bush White House veteran who had served as deputy national security adviser for Middle East policy.

“It used to annoy me enormously when President Bush, for whom I was working, would say Islam is a religion of peace,” Abrams said, “because the real response to that is ‘Where is your theology degree from?’ ”

As Abrams continued along those lines — at one point claiming the “average American” was justified in thinking “this is crap … because all these people who are doing beheadings are Muslims” — I could feel Mike grow tense in the chair next to me. He waited his turn to be called upon, and then he confronted his former colleague.

“We praise Islam, and every president from now on will praise Islam on religious holidays because there are millions of peaceful citizens who hold this view,” Mike said. “It’s also a theologically sophisticated view, as opposed to what you’re arguing … every tradition, religious tradition, has forces of tribalism and violence in its history, background, of theology, and every religious tradition has resources of respect for the other.”

He added: “That is a great American tradition that we’ve done with every religious tradition that comes to the United States, included them as part of a national enterprise and praised them for their strongly held religious views and emphasized those portions that are most compatible with those ideals.”

As deep as his own Christian religious beliefs were, Mike was tolerant, accepting, even admiring of those who prayed differently. And while he was by and large a social conservative, Mike knew that not every question involving faith and truth could be resolved along the bright battle lines of the culture wars, or literally be set in scripture.

He celebrated gay pride month and argued that our scientific understanding of the genetic basis of sexual orientation has come a long way since the Apostle Paul’s time. But he also believed that religious institutions, including schools and charities, should have leeway to shape their own standards.

And Mike was open about the times in his life when he had his own doubts about what God had in mind for him. In 2019, he spoke frankly and publicly about being hospitalized for depression, delivering a powerful sermon at the National Cathedral and then a column for The Post.

A few days earlier, Mike and I had lunch. The speechwriter who had written so many words for others told me he was nervous about baring himself so publicly, and he asked if I would read a draft. He also confided that he had been living in a shadow where, at times, he wondered whether those who meant the most to him would be better off — unburdened — if he weren’t around.

In his sermon, he put it this way: “I suspect that there are people here today — and I include myself — who are stalked by sadness, or stalked by cancer, or stalked by anger. We are afraid of the mortality that is knit into our bones. We experience unearned suffering, or give unreturned love, or cry useless tears. And many of us eventually grow weary of ourselves — tired of our own sour company.”

Mike combined his lived faith with his gift for expression to offer a hand to others — showing that they are not alone in the dark. “Even when strength fails, there is perseverance,” he said in his sermon. “And even when perseverance fails, there is hope. And even when hope fails, there is love. And love never fails.”

Now, his unearned suffering has ended, and those he touched, including many who never met him in person, will so deeply miss Michael Gerson’s company. His grace was a blessing, and we need it more than ever.

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

Go the above link for pictures and a selective compendium of Mike’s writings.

Mike was a voice for what modern American conservatism could and should have been: “a conservatism of the common good that argues that we need to orient our policies towards people that might not even vote for us.”

  https://www.washingtonpost.com/obituaries/2022/11/17/michael-gerson-speechwriter-post-dies/

I enjoyed reading Mike’s thoughtful, well-expressed, views in the WashPost, even when I disagreed with him. In particular, I agreed with his call-out of “false Christians:” Evangelicals who aligned themselves with the most un-Christian President in history and his vile “secular theology” of hate, lies, racism, selfishness, cruelty, and degradation of humanity.

Mike will be missed.

PWS

11-18-22

🇺🇸😎👍🏼DEM KATIE HOBBS DEFEATS MAGAMORON LAKE FOR AZ GOV IN ANOTHER VICTORY FOR HUMANITY!

https://www.nbcnews.com/politics/2022-election/democrat-katie-hobbs-defeats-maga-favorite-kari-lake-high-stakes-race-rcna55172

Democratic Secretary of State Katie Hobbs has defeated Republican Kari Lake in Arizona’s race for governor, NBC News projected Monday.

Hobbs’ victory is key for Democrats in a presidential battleground state and a rebuke to a prominent election denier — although the closeness of the contest left the result up in the air for nearly a week.

“I am honored to have been selected to serve as the next Governor of Arizona,” Hobbs said in a statement Monday night. “I want to thank the voters for entrusting me with this immense responsibility. It is truly an honor of a lifetime, and I will do everything in my power to make you proud.”

. . . .

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

Too close, considering the yawning gap in qualifications between the candidates. Indeed, I couldn’t conceive of a public office that unqualified Trumpist Lake would be qualified to hold. That she was even on the ballot and made the election so close shows the tenuous state of our republic!

You can read Hobbs’s gracious statement above. Lake’s asinine comment on learning of the people’s verdict was contemptuous and worthy of her anti-American idol Trump  — the biggest and sorest loser in modern American politics.

Hopefully, Hobbs’s first act as Governor, replacing GOP hack Ducey, will be to stop polluting the border with cargo containers. Honestly, what idiocy will GOP White Nationalists come up with next to waste taxpayer dollars and make America a laughingstock?

🇺🇸 Due Process Forever!

PWS

11-15-22

 

 

 

 

🚫HISTORY THE GOP DOESN’T WANT YOU TO KNOW: Let’s Be Very Clear About The Truth That White Nationalist Racists Want To “Whitewash” & Its Continuing Corrosive Effect on Our Nation! 

 

Anti-Chinese Poster
This is part of the “real history” of America! The GOP doesn’t want to talk about it!
Public Realm

https://www.latimes.com/california/story/2022-11-12/la-me-eureka-chinatown-history

Show Search

CALIFORNIA

This California town ran its Chinese residents out. Now the story is finally being told

Mary Chin stands beside a mural in downtown Eureka, Calif., depicting her late husband, Ben Chin, who was said to be the first Chinese American to move to the town in seven decades. (Myung J. Chun / Los Angeles Times)

BY HAILEY BRANSON-POTTSSTAFF WRITER

NOV. 12, 2022 5 AM PT

EUREKA, Calif. —  Beauty drew Brieanne Mirjah D’Souza to Eureka.

In 2018, she and her husband — Michigan natives who had been living for a spell in the Bay Area — moved up to this chilly old timber town to build a life beneath the redwoods and by the sea.

But last winter, pregnant with her first child, D’Souza began reflecting on this pretty place she would bring her son into.

D’Souza, a 32-year-old digital marketer, is of Chinese and West Indian descent. And Humboldt County is very white.

As D’Souza’s belly grew and the headlines told of a dramatic surge in anti-Asian hate crimes amid the COVID-19 pandemic, D’Souza set out to find other people who looked like her.

ADVERTISEMENT

A fledgling group started meeting over Zoom and trading emails. They learned there had once been a Chinatown in Eureka. Maybe they could commemorate it with a plaque, they figured.

But where had it gone?

::

In the late 19th century, Chinatown occupied a single block in the middle of the remote, misty port town.

A historical photo is held up at the corner of 4th and E Streets in Eureka during a guided tour of the city’s old Chinatown, which stood on the right in both images. (Myung J. Chun / Los Angeles Times)

A few hundred Asian immigrants — mostly men — lived in Eureka after a federal law barred immigration from China in 1882.

They toiled in redwood logging camps, laundries and restaurants. They were nannies and household servants and vegetable growers. They were former gold prospectors priced out of the work because of a predatory state tax on foreign miners.

When the economy soured in the 1880s, white people blamed them, claiming they stole jobs. Newspapers whipped up anti-Chinese sentiment.

ADVERTISEMENT

pastedGraphic.png

Top Heart Surgeon: This Simple Trick Helps Empty Your Bowels Every Morning

Sponsored by Guthealthwellness

“There were a lot of stereotypes: that Chinese people were diseased, they were morally corrupt, they would not assimilate to the rest of American society at the time,” said Katie Buesch, a former director and curator at the Clarke Historical Museum in Eureka.

That sentiment was par for the course in the Golden State at the time.

Some California city officials are now acknowledging the ugly past — a counter-movement to red-state politicians pushing to ban books and limit the teaching of history that involves race.

Antioch and San Jose apologized last year for burning their Chinatowns in the late 1800s. San Francisco apologized for barring Chinese children from public schools.

Los Angeles is working on a memorial to commemorate an 1871 massacre in which at least 18 Chinese people were fatally shot or hanged. And in Pacific Grove earlier this year, organizers canceled a pageant that had long featured performers in yellowface.

In Humboldt County, Buesch, who had put together a small museum exhibit on Eureka’s Chinese community just before the pandemic, was struck by an 1885 article in the Daily Times-Telephone newspaper about Chinatown.

ADVERTISEMENT

“The time has come when these plague spots should be removed,” the newspaper wrote.

On Feb. 5, 1885, the newspaper, which called the Chinese neighborhood a violent, drug-addled “leper’s colony,” wrote that it would probably be “goodbye to Chinatown” if an “unoffending white man” were killed there.

A Chinese vegetable merchant carries his goods in Eureka before the Chinese expulsion in 1885.(Courtesy of Jean Pfaelzer)

The very next day, a white Eureka city councilman who lived near Chinatown was walking past. Shots rang out between what is said to be two Chinese men, although details are scant. A stray bullet killed the councilman.

An angry mob of more than 600 white people — loggers, fishermen, miners and merchants — filled the streets, said Jean Pfaelzer, author of “Driven Out: The Forgotten War Against Chinese Americans.”

A gallows was erected. An effigy of a Chinese man swung from a noose.

CALIFORNIA

White residents burned this California Chinatown to the ground. An apology came 145 years later

July 26, 2021

Someone suggested slaughtering the Chinese, but that was deemed un-Christian, Pfaelzer said. Others said they should burn Chinatown, but its scrap wood buildings belonged to a white man, since the Chinese were not allowed to own property.

They instead appointed a committee of 15 men to go into Chinatown and order everyone to leave. The sheriff commissioned wagons to gather their belongings. Armed vigilantes roamed on horseback.

ADVERTISEMENT

According the the Clarke Museum website, a group of Chinese and Japanese people were secretly brought in to work in a local cannery but were expelled after being found out. They were sent by barge to an island in Humboldt Bay before catching a ship back to Washington. (Myung J. Chun / Los Angeles Times)

The next morning, about 300 Chinese people were marched to the wharf and eventually loaded onto two steamships: The Humboldt and The City of Chester.

They were shipped to San Francisco, where no one knew they were coming, Pfaelzer said. They disembarked and fled.

A few dozen sued the city of Eureka, but a judge tossed out their lawsuit.

The purge, which became known as the “Eureka method,” was copied in other towns across California and hailed by white people as nonviolent.

By 1890, the business directory for Humboldt County was boasting that it was “the only county in the state containing no Chinamen.” A Eureka law, in effect until the mid-20th century, banned Chinese people from working in the city.

::

Eureka’s Chinatown consisted of one square block, bottom center, in what is now the city’s downtown. The city forced expelled its Chinese residents in 1885 after the shooting death of a white city councilman. (Myung J. Chun / Los Angeles Times)

ADVERTISEMENT

In the spring of 2021, a gunman killed eight people, including six women of Asian descent, at three Atlanta-area spas.

The shootings sparked an outpouring of activism and calls to #StopAsianHate. They followed months of heightened attacks on Asian Americans amid a political climate in which then-President Trump was calling the coronavirus the “Chinese virus” and “kung flu.”

Around that time, D’Souza had set up an Instagram account she called APA Humboldt.

D’Souza quickly heard from a local group of Asian Americans who had organized a series of Japanese taiko drum performances before the pandemic.

They began meeting virtually. Their numbers grew. There was a real hunger for community in this county where only 3% of the population is Asian or Pacific Islander.

The group delved into local history, poring through legal briefs, census data, letters, maps and journals to piece together the little-known story of Eureka’s Chinatown, which had been told mostly from a white perspective.

“We all had an awakening of sorts,” D’Souza said. “There was no awareness that there was once a thriving Chinese community here … and they faced the same kind of discrimination and racism that we’re still facing today.”

D’Souza figured they would install a plaque before her baby came, and that would be that.

Eureka’s Chinatown, pictured in the late 19th century.(Courtesy of Jean Pfaelzer)

But what became known as the Eureka Chinatown Project — the work of the group now called Humboldt Asians & Pacific Islanders in Solidarity — blossomed.

With support from the city, they erected signs describing the expulsion in Historic Chinatown — which, today, is a downtown business district with banks, parking lots and no trace of the neighborhood that once stood.

There are plans for a monument.

And — with a mural and a renamed roadway — the Eureka Chinatown Project honored two local Chinese American pioneers whose legacies were too little known.

. . . .

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

Read the complete article at the link.

We can’t build for a better future on the positive foundations of America without honestly acknowledging, discussing, and addressing the racism and injustices of the past. The GOP “history deniers” are hamstringing our nation!

You can trace today’s rise in anti-Asian-American hate crimes, anti-Asian racial slurs from a former President, and snarky “anti-woke proclamations” from DeSantis directly to the ugliest truths about America’s past. 

And, just because the latter can speak in complete sentences doesn’t mean that he isn’t just as dangerous to democracy and unsuited to public office as Donald Trump! White Nationalist theocracy and lies are bad for our country no matter who utters them. 

DeSantis’s self-proclaimed “Red Florida Paradise” also relies on the hard work of migrants, many of them undocumented, and some other charitable out of state benefactors to literally remain above water: Joe Biden, Democrats, and lots of “Blue State taxpayers:”

Gov. Ron DeSantis has been a persistent critic of President Joe Biden on nearly every policy front as he moves toward a likely potential 2024 presidential bid. But the Florida Republican likes one thing about the president: his wallet.

https://www.politico.com/news/2022/10/03/desantis-federal-relief-cash-fund-priorities-00060020

DeSantis is every bit the charlatan, flim-flam man, would-be theocrat, and purveyor of a whitewashed version of US “history that never was” as Trump. (Concededly, unlike Trump, he actually has won the popular vote in elections.) Under our system, if Floridians have the colossal bad judgement to elect him, that’s their call (although at some point, it could get tiresome for the rest of us to keep bailing them out). But, they have no right to inflict him on the rest of our nation. For the sake of democracy, humanity, and integrity, the rest of us must insure that DeSantis remains where he belongs — below the “Florida-Georgia line.”

🇺🇸Due Process Forever!

PWS

11-14-22