THE LEVIN REPORT: “A wise person once said, of working in the White House: ‘It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.’” 🤡🤡🤡🤡

Bess Levin writes in Vanity Fair:

“A wise person once said, of working in the White House: “It’s worse than you can imagine. An idiot surrounded by clowns . . . I am in a constant state of shock and horror.” Whether or not that description can be attributed to Gary Cohn or is simply “representative” of his views, we may never know, but it’s obviously a good summation of what life is like inside the capsizing Carnival cruise ship that is the West Wing, particularly over the last 24 hours.

To recap, on Wednesday night, The Washington Post reported that Donald Trump was expected to announce major tariffs on aluminum and steel on Thursday, a development that apparently caught administration officials completely off guard. Though Trump has been itching to start a trade war since he announced his candidacy for president, virtually all of his advisers, outside the truly batshit insane ones, strongly advised against such punitive measures, as they could ultimately hurt many U.S. allies and provoke retaliation by U.S. trading partners, among other terrible consequences. During a June meeting with his Cabinet to discuss the issue, a whopping 22 people were said to be against Trump’s wishes, to the three who weren’t: Commerce Secretary Wilbur Ross, then-senior adviser Steve Bannon, and Trump himself. Unhappy that more people weren’t on his side, Trump reportedly screamed, “I want tariffs. And I want someone to bring me some tariffs!”

With Bannon’s departure, there was a thought that sheer numbers, if not sanity, would prevail. In addition to Cohn, Treasury Secretary Steven Mnuchin, Secretary of State Rex Tillerson, and Secretary of Defense James Mattis have all strenuously argued against the tariffs, warning that they could hurt the global economy, damage key relationships, and threaten national security. That was obviously wishful thinking, though, given that 1) when Trump gets an idea in his head, no matter how dumb it is, he doesn’t let it go, and 2) the president has recently been taking the advice of Peter Navarro, a hard-line trade adviser who makes Bannon look like a “globalist cuck.” (For reference, Navarro wrote a book called Death by China, has encouraged Trump to go after freaking Canada, and thinks the North American Free Trade Agreement is responsible for an increase in spousal abuse, divorce, and infertility.) Considering Navarro’s growing influence in the White House, in retrospect it probably shouldn’t have come as a shock that this afternoon, this happened:

President Trump said on Thursday that he will impose stiff and sweeping tariffs on imports of steel and aluminum as he moved to fulfill a key campaign promise to get tough on foreign competitors. Mr. Trump said he would formally sign the trade measures next week and promised they would be in effect “for a long period of time.” The trade measures would impose tariffs of 25 percent on steel and 10 percent on aluminum. It is unclear whether those would apply to all imports or be targeted toward specific countries, like China, which have been flooding the United States with cheap metals.

The announcement capped a frenetic and chaotic morning inside the White House as Mr. Trump summoned more than a dozen executives from the steel and aluminum industry to the White House, raising expectations that he would announce his long-promised tariffs. However, the legal review of the trade measure was not yet complete and, as of Thursday morning, White House advisers were still discussing various scenarios for tariff levels and which countries could be included, according to people familiar with the deliberations.

It’s hard to overstate how bad of an idea this is. In addition to going against the advice of nearly all of his advisers and most people on Capitol Hill, essentially flipping off the World Trade Organization, and likely alienating important allies, the “JOBS JOBS JOBS” president is putting countless “JOBS” at risk in sectors like the automotive industry that obviously rely on aluminum and steel to manufacture their products. (According Axios’s Jonathan Swan, a report put out by Wilbur “wake me when the meeting is over” Ross that recommended imposing tariffs enraged Cohn because it didn’t factor in such collateral damage. Cohn and other staffers were also reportedly irked by the fact that the report suggested Trump’s fantasy of a manufacturing Renaissance could come true, when everyone knows it’s never gonna happen.)

To give you an idea of how unpopular today’s announcement was, even the Brothers Koch have come out against it, calling the tariffs, via their Americans for Prosperity mouthpiece, “a misguided approach that will hurt American businesses and families by increasing costs and undermining the tax relief just delivered by Congress and President Trump.” Larry Kudlow, whose name as been floated as a possible replacement for Cohn, and who is a huge fan of Trump’s, slammed the move, too, saying “All that will happen with steel tariffs is you will raise prices for all import users and that includes businesses and of course consumers. You will wind up hurting millions of people to help 140,000 people in the steel industry.” But don’t take their word for it. Here’s how Trump’s favorite metric responded:

(For those of you who are not visual learners, what we’re saying is: the Dow plunged 550 points on the news, closing the day down more than 400 points. For a stock-market obsessed president, that’s gotta hurt.)

Scott Pruitt, risking his life, will fly coach

Earlier this month, Environmental Protection Agency chief Scott Pruittcame under fire for routinely flying first or business class when coach would have sufficed. His excuse? That “we live in a very toxic environment politically, particularly around issues of the environment,” and one time someone went up to him in the airport and uttered completely factual statements to his face. From there on out, his security detail decided that flying at the back of the plane was too much of a risk, and that Pruitt’s safety could only be ensured in the part of the aircraft where the booze is on the house. Today, however, this hugely brave American announced that those days are over.

During an interview with CBS News, Pruitt said that he has told his security detail “to accommodate those security threats in alternate ways . . . up to and including, flying coach going forward.”

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

Get “The Levin Report” full version here https://tinyletter.com/besslevin/archive

Perhaps showing why we have the Trump “Clownocracy” in the first place, some Dems actually enthusiastically endorsed Trump’s idiotic move. As the late great Casey Stengel might have said, “Can’t anyone here play this game?” Guys, we need steel and aluminum, and we import one heck of a lot more than we make. Even an “economic dummy” like me knows that. So, a trade war that hurts American consumers and manufacturers who use steel and aluminum is going to be a big loser for us. Countries like ours that are, and almost certainly always will be, net importers rather than exporters can’t afford trade wars (particularly with our, perhaps soon to be former, “friends” like Canada & the EU)!

Finally, a “too bizarre not to be true rumor” sweeping the “world of inside the Beltway punditry” is that “Don the Con Man” will fire “Mr. Magoo” (a/k/a “Gonzo Apolyptco,” a/k/a “Jeff Sessions”) and temporarily replace him with the ethically challenged Scott “First Class” Pruitt for long enough to completely dismantle the Justice Department and our system of justice just as he did with our environment and the EPA. Talk about the “GOP Wrecking Crew” and the not-so-smart minority of folks who voted them into power. Vladi must be laughing his tail off!

PWS

03-02-18

SATIRE FROM ANDY BOROWITZ @ THE NEW YORKER: “Jeff Sessions Urges Melania to Work Harder on Campaign to Stop Cyberbullying”

https://www.newyorker.com/humor/borowitz-report/jeff-sessions-urges-melania-to-work-harder-on-campaign-to-stop-cyberbullying?mbid=nl_Borowitz%20030118&CNDID=48297443&spMailingID=13031039&spUserID=MjQ1NjUyMTUwNjY5S0&spJobID=1360078000&spReportId=MTM2MDA3ODAwMAS2

“Jeff Sessions Urges Melania to Work Harder on Campaign to Stop Cyberbullying

WASHINGTON (The Borowitz Report)—Saying that the problem “is far worse than I imagined,” Attorney General Jeff Sessions on Wednesday urged First Lady Melania Trump to intensify her campaign against cyberbullying.

Speaking to reporters from his office at the Justice Department, Sessions said that, whatever Mrs. Trump had done to eliminate the scourge of cyberbullying, “It clearly has not been enough.”

“From my perspective, cyberbullying is very much a growing problem,” he said. “And with every passing day it gets worse and worse.”

Sessions said that, while he understands that Mrs. Trump has many other responsibilities as First Lady, “anything you can do to get cyberbullying to stop will be very much personally appreciated by me.”

“Please help,” he said, his voice quavering.

In an official statement released later in the day, the First Lady said that she had “kind of forgotten” about her campaign to stop cyberbullying but that she would “get right on it.”

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

WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING, AND ALSO MORE FACTUAL ACCURACY THAN ANY REPORT PREPARED UNDER THE DIRECTION OF “AGENT DEVON!”

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

“Mister Magoo” nothing! He’s not a “bumbler” when it comes to implementing Trump’s White Nationalist immigration policies and bashing Latinos and other minorities.

Nope! He’ll always be “Gonzo Apocalypto” to me! Captures the full crazy, wild-eyed, disingenuous, ignorant, malicious meanness of the man!

PWS

03-01-18

 

 

 

AMERICA THE UGLY: WHY ARE WE ALLOWING OUR GOVERNMENT TO ABUSE THE HUMAN RIGHTS OF FAMILIES & CHILDREN? — “This policy is tantamount to state-sponsored traumatization.”

https://www.nytimes.com/2018/02/28/opinion/immigrant-children-deportation-parents.html

“The Department of Homeland Security may soon formalize the abhorrent practice of detaining the children of asylum-seekers separately from their parents. Immigrant families apprehended at the southwest border already endure a deeply flawed system in which they can be detained indefinitely. In this immigration system, detainees too often lack adequate access to counsel. But to unnecessarily tear apart families who cross the border to start a better life is immoral.

Sadly, such separations are already happening. The Florence Project in Arizona documented 155 such cases by October and other immigrant advocacy organizations report that children are being taken away from their parents. If the secretary orders this practice to be made standard procedure, thousands of families could face unnecessary separation.

The Trump administration’s goal is to strong-arm families into accepting deportation to get their children back. Kirstjen Nielsen, the secretary of homeland security, admitted this when she told the Senate on Jan. 16 that separating families may “discourage parents” from seeking refuge in America.

But the increasing informal use of family separation has not proved to be a deterrent. Last year, the number of family apprehensions at the southwestern border skyrocketed from 1,118 families in April to 8,120 in December.

Parents will continue to flee violence to protect their children and themselves. It is reprehensible to punish them for that basic human impulse. It is also despicable that the government would use children as bargaining chips. This policy is tantamount to state-sponsored traumatization.

Those of us who have seen the sites where families are detained and work directly with children and families who have gone through the system know what’s at stake.

The children we work with call the Border Patrol processing stations for migrants stopped at the border “iceboxes” (hieleras) and “dog kennels” (perreras). “I was wet from crossing the river and it was so cold I thought I would die,” one child said.

Another told us: “The lights were kept on day and night. I became disoriented and didn’t know how long I had been there.” A third said: “I was separated from my older sister. She is the closest person in my life. I couldn’t stop crying until I saw her again a few days later.”

In our work we have heard countless stories about detention. But the shock of bearing witness to them is hard to put into words. In McAllen, Tex., you enter a nondescript warehouse, the color of the dry barren landscape that surrounds it. It could be storage for just about anything, but is in actuality a cavernous, cold space holding hundreds upon hundreds of mostly women and children.

Chain-link fencing divides the harshly illuminated space into pens, one for boys, a second for girls and a third for their mothers and infant siblings. The pens are unusually quiet except for the crinkling of silver Mylar blankets. This is where family separation begins, as does the nightmare for parents and children.

The parents whose sons and daughters have been taken from them are given two options: either agree to return home with their children — or endure having those children sent on to shelters run by the Health and Human Services Department while they themselves languish in detention centers scattered around the country.

This country’s medical and mental health organizations have rightly recognized the trauma of this practice. The American Academy of Pediatrics has condemned immigrant family separation, and family detention overall, as “harsh and counterproductive.” The American Medical Association has denounced family separation as causing “unnecessary distress, depression and anxiety.”

Studies overwhelmingly demonstrate the irreparable harm to children caused by separation from their parents. A parent or caregiver’s role is to mitigate stress. Family separation robs children of that buffer and can create toxic stress, which can damage brain development and lead to chronic conditions like depression, post-traumatic stress disorder and heart disease. For that reason, more than 200 child welfare, juvenile justice and child development organizations signed a letterdemanding that the Trump administration abandon this ill-conceived policy.

Family separation is also unjustifiable legally, as “family unity” is central to our immigration laws and our longstanding policy of reuniting citizens and permanent residents with their relatives.

More fundamentally, family separation is anathema to basic decency and human rights. For our government to essentially hold immigrant children as hostages in exchange for the “ransom” of their parents’ deportation is simply despicable.

It is every parent’s nightmare to have a child snatched away. To adopt this as standard procedure to facilitate deportations is inhumane and does nothing to make Americans safer. This country, and Secretary Nielsen, must reject family separation.

ETHICS HOT SEAT: TRUMP LAWYERS’ DILEMMA: How Do You Prepare A Congenital Liar To Testify Under Oath?

https://www.vanityfair.com/news/2018/02/donald-trump-robert-mueller-interview

Abagail Tracy reports for Vanity Fair:

“The most difficult decision a lawyer has to make is whether to allow his client to speak to the prosecutor—or in this case, the special counsel,” Robert Bennett told me, referring to the unfolding chess match between Donald Trump and Robert Mueller. Bennett, the Brooklyn-born Washington superlawyer, would know, having represented President Bill Clinton in the Kenneth Starr investigation. For a fabulist like Trump, however, the danger is tenfold: Mueller has already charged four former members of the Trump campaign with making false or misleading statements to the F.B.I. “I think there are tremendous risks in this case, because the easiest case for the government to prove would be a false statement given to the F.B.I. or the independent counsel,” Bennett added. “That’s a very easy one to prove.”

While the president initially said he is “100 percent” willing to meet with Mueller under oath, his legal team has cautioned that any interview could be a perjury trap. “He’ll be guided by the advice of his personal counsel,” Ty Cobb, the White House lawyer on the Russia inquiry, told The New York Times. For months, Trump’s lawyers have been engaged in discussions with Mueller’s team, weighing options that could mitigate the president’s legal risk. Though the format of the potential interview remains an open question, Mueller, wielding the power of subpoena, has the upper hand in shaping the negotiations. “What matters is how much leverage you have on either side,” said Renato Mariotti, a former Chicago prosecutor. “Mueller has most of the leverage . . . in the end, Mueller is going to get most, if not the vast majority, of what he wants.”

The challenge for Trump’s legal team, led by Cobb and John Dowd, is to protect the president from himself under conditions acceptable to Mueller. “It’s a very bad sign for the president that his own lawyers are so worried about whether he’s going to tell the truth that they’re trying to negotiate all of these conditions ahead of time,” Neal Katyal, a former acting solicitor general under President Barack Obama, told me. “Ordinarily, when you’re representing a high-ranking government official, you’re not worried about your client being forthcoming because that goes with the nature of government service. But here, I think the lawyers are wise to worry, just given Donald Trump’s track record of him confabulating in any number of ways.”

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

Read the rest of Tracy’s article at the above link.

I don’t have much doubt that Trump will perjure himself. I don’t think he could tell the truth if his life depended on it. And, it’s likely that Mueller will be able to build a convincing case for obstruction against the Liar-In-Chief.

But, Trump relies heavily on the complicity of  the sleazy GOP he has come to dominate and the indifference of his voters to moral values or honest government. Trump is used to at least figuratively “getting away with murder” (remember his all too true boast that he could shoot someone in broad daylight in Times Square and his voters wouldn’t care). So, the chances of Trump being held accountable are probably minimal until 2024.

PWS

02-28-18

TAL @ CNN: ADMINISTRATION “SPLITS A PAIR” OF USDC RULINGS IN CAL. – Blown Out Again On DACA, But A Victory On “The Wall!”

http://www.cnn.com/2018/02/27/politics/daca-revocation-ruling/index.html

 

Court hands DACA recipients another victory

By: Catherine E. Shoichet and Tal Kopan, CNN

Young immigrants brought illegally to the United States as children have won another legal victory.

A federal judge in California ruled Monday that the government can’t revoke DACA recipients’ work permits or other protections without giving them notice and a chance to defend themselves.

The ruling in a California district court marks the third time a lower court has ruled against the administration’s handling of the Deferred Action for Childhood Arrivals program. But this case, unlike the others, is not about President Donald Trump’s September decision to end the program.

US District Judge Philip Gutierrez’s preliminary injunction Monday addressed another aspect: government decisions to revoke protections from individual DACA recipients.

The Obama-era DACA program protected young immigrants brought illegally to the United States from deportation if they met certain criteria, paid fees, passed background checks and didn’t commit serious crimes.

The Trump administration announced it was ending the program last year, arguing that it was unconstitutional. A series of recent lower court rulings have thwarted that effort, requiring the government to continue renewing permits under the program while legal challenges make their way through the courts. On Monday, the US Supreme Court said it was staying out of the dispute for now.

Meanwhile, activists across the country have increasingly criticized government decisions to end DACA protections in individual cases.

Monday’s ruling came in a class action lawsuit filed by the American Civil Liberties Union. The suit  argues that the government had revoked protections from DACA recipients who hadn’t been convicted of serious crimes without giving them any opportunity to defend themselves.

An example: Officials revoked the work permit of one of the plaintiffs, Jesus Arreola, after he was arrested on suspicion of immigrant smuggling. An immigration judge later found that allegation wasn’t credible, according to the ACLU’s complaint. Arreola says he was an Uber and Lyft driver who had picked up passengers for a friend without any knowledge of their immigration status.

Attorneys representing the government argue that the plaintiffs had “misused the trust given to them with the administrative grace of DACA.”

The judge said the Department of Homeland Security must restore protections to the group of DACA recipients who had them revoked “without notice, a reasoned explanation, or any opportunity to respond.”

The ruling also temporarily blocks officials from revoking DACA protections from others without following a procedure “which includes, at a minimum, notice, a reasoned explanation, and an opportunity to be heard prior to termination.”

The Justice Department did not immediately respond to a request for comment about Monday’s ruling.

According to DHS, officials had revoked or terminated 2,139 individuals’ DACA protections over the lifetime of the program as of August 2017.

The ruling came the same day the Supreme Court said it would stay out of the dispute over the termination of DACA for now, leaving renewals under the program in place for at least months.

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

http://www.cnn.com/2018/02/27/politics/border-wall-ruling-curiel/index.html

Judge Curiel, once attacked by Trump, rules border wall can proceed

By Tal Kopan, CNN

(CNN)US District Judge Gonzalo Curiel has cleared one potential obstacle to President Donald Trump’s long-promised border wall, ruling Tuesday that the administration has the authority to waive a host of environmental laws and other regulations to begin construction.

Curiel’s 100-page order does not mean construction of the wall will begin immediately. Congress has yet to authorize or provide funding for any new wall to begin the project. Thus far, the Department of Homeland Security has built several prototypes in San Diego — which was the focus of the lawsuit Curiel rejected.
Still, the ruling is a win for the administration as it seeks to get money to build its wall, a centerpiece of Trump’s campaign.
Curiel’s ruling left little doubt that the DHS has broad authority to issue waivers — authorized in a cluster of laws passed by Congress in the mid 1990s to 2000s — to expedite the construction of border barriers and infrastructure. His lengthy ruling went point-by-point through the challenges to DHS’ authority brought by environmental groups and the state of California and rejected all of them.
Curiel was famously the target of Trump’s ire when he presided over a lawsuit against Trump University, which was ultimately settled after Trump won the White House.
Trump drew fierce criticism in June 2016 when he said that Curiel, who was born in Indiana, was biased against him due to his Mexican heritage.
In his ruling Tuesday, Curiel noted that the border wall is a highly contentious issue under this administration but said he did not factor that into his decision.
“The court is aware that the subject of these lawsuits, border barriers, is currently the subject of heated political debate in and between the United States and the Republic of Mexico as to the need, efficacy and the source of funding for such barriers,” Curiel wrote. “In its review of this case, the Court cannot and does not consider whether underlying decisions to construct the border barriers are politically wise or prudent.”
The groups had challenged DHS’ move to expedite construction of the prototypes and replacement fencing in San Diego on a number of grounds. The collection of lawsuits from the environmental advocacy organizations and the state of California argued that the Trump administration’s waiver wasn’t allowed by the law that created the overarching authority and that the authority itself violated the Constitution.
Curiel rejected each argument, saying the law and the nature of the border clearly give the DHS broad authority to build border barriers.
“Both Congress and the Executive share responsibilities in protecting the country from terrorists and contraband illegally entering at the borders. Border barriers, roads, and detection equipment help provide a measure of deterrence against illegal entries,” Curiel wrote. “With section 102, Congress delegated to its executive counterpart, the responsibility to construct border barriers as needed in areas of high illegal entry to detect and deter illegal entries. In an increasingly complex and changing world, this delegation avoids the need for Congress to pass a new law to authorize the construction of every border project.”
In addition to pro-immigration and civil liberties groups, environmental groups have opposed the construction of Trump’s border wall on the grounds that it would disturb sensitive wildlife and ecosystems.
One section of Trump’s proposed wall in Texas would run through a wildlife preserve.

Where border rhetoric meets reality

The Justice Department, meanwhile, hailed the ruling.
“Border security is paramount to stemming the flow of illegal immigration that contributes to rising violent crime and to the drug crisis, and undermines national security,” said spokesman Devin O’Malley. “We are pleased DHS can continue this important work vital to our nation’s interests.”
One of the groups challenging the wall said it intended to appeal the decision.
“We intend to appeal this disappointing ruling, which would allow Trump to shrug off crucial environmental laws that protect people and wildlife,” said Brian Segee, a senior attorney at the Center for Biological Diversity. “The Trump administration has completely overreached its authority in its rush to build this destructive, senseless wall.”
California Attorney General Xavier Becerra said in a statement that he was considering his options.
“We remain unwavering in our belief that the Trump Administration is ignoring laws it doesn’t like in order to resuscitate a campaign talking point of building a wall on our southern border,” Becerra said. “We will evaluate all of our options and are prepared to do what is necessary to protect our people, our values, and our economy from federal overreach. A medieval wall along the US-Mexico border simply does not belong in the 21st century.”
The waiver authority to build barriers along the border has been used a number of times dating back to the George W. Bush administration, and it has been upheld by the courts every time it has been challenged.
Trump is scheduled to visit the border wall prototypes next month.

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

I guess even Gonzo can’t lose ’em all.  But, he certainly hasn’t taken his last beating on his counterproductive, ill-conceived, and wasteful “War on Dreamers.”

PWS

02-28-18

WELCOME TO BIA-LAND! – Where You Might Be Better Off Committing A Felony Than Concealing It – Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)

3916

Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)

BIA HEADNOTE:

“Misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude. Matter of Robles, 24 I&N Dec. 22 (BIA 2006), reaffirmed. Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012), followed in jurisdiction only.”

PANEL: BIA APPELLATE IMMIGRATION JUDGES PAULEY, GUENDELSBERGER, and MALPHRUS

OPINION BY: Judge Roger A. Pauley

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

Pretty straight forward. There was a so-called “Circuit split.” Given alternative choices, the BIA almost always chooses the interpretation most favorable to the DHS and least favorable to the respondent.

Hence, the respondent loses, the BIA doesn’t “rock the boat,” the Office of Immigration Litigation can defend the most restrictive position in the Courts of Appeals and, if necessary, before the Supremes, Jeff Sessions remains happy, and BIA judges retain their jobs.

The only losers: Due Process, fairness, and the respondent. But, who cares about them anyway? It’s all about maximizing removals.

PWS

02-27-18

 

 

BIA’S PLANNED EXPANSION TO 21 JUDGES LIKELY TO RESULT IN EVEN MORE PRO-ENFORCEMENT BIAS!

2018-03980

The DOJ has finalized regulations (see above link) that would expand the authorized number of Appellate Immigration Judges serving as Board Members on the BIA from the current 17 to 21. Currently, there are 15 Appellate Immigration Judges actually on duty, including the Chair and Vice Chair.

The BIA once was authorized 23 Board Members, prior to the infamous “Ashcroft Purge of 2003” which artificially reduced the number of Appellate Immigration Judges to eliminate those judges perceived as “too liberal” by Ashcroft and his cronies. Because the number 12 was arbitrary, the BIA in fact never was able to operate properly with that reduced number of judges.

The DOJ therefore resorted to a number of “gimmicks” to keep the operation afloat while concealing their politicized mismanagement of the appellate function. Among the gimmicks were using senior BIA staff members as “Temporary Board Members,” misuse of “summary affirmances” to rubber stamp orders of removal, so-called “single-Member decisions” that often were in conflict with each other, elimination of authority to review facts “de novo,” and a “presumption against en banc precedents” used to suppress dissent. However, given that the BIA was carefully constructed with only judges likely to “go along to get along” with Administration enforcement views, there wasn’t likely to be much dissent anyway.

The immediate result of the “Ashcroft purge” was tanking of the BIA’s credibility and decision quality that quickly outraged many U.S. Courts of Appeals. This, in turn, resulted in boatloads of reversals and remands from the Courts of Appeals for new decisions, as well as pointed criticism in published Court of Appeals decisions, and media criticism from some of the most outspoken Article III Court of Appeals Judges.

Finally, Ashcroft’s successor, Attorney General Alberto Gonzalez, had to take steps to slow down the “deportation express” and restore at least some semblance of quality and civility to the adjudication process at both the BIA and Immigration Court levels. However, Gonzalez chose largely to blame Immigration Judges for the drop-off in quality, rather than acknowledging the DOJ’s primary role in creating the problems.

In the abstract, with an increasing case load and more Immigration Judges being appointed, an increase to 21 judges at the BIA seems logical. However, given the BIA’s already “DHS-leaning” jurisprudence, and the overtly anti-immigrant, restrictionist views expressed by Attorney General Sessions, it’s likely that expansion will mean further “packing” the BIA with judges who are biased in favor of the Administration’s alt-right restrictionist immigration enforcement agenda.  That will be bad news for migrants and anyone else expecting the BIA to honor its long-forgotten pledge to “guarantee fairness and due process for all.”

Just another reason why America needs an independent Article I U.S. Immigration Court (including an open “merit-based” judicial selection system) now!

PWS

02-27-18

“GO POUND SAND” SUPREMES TELL TRUMP & SESSIONS ON DACA – HIGH COURT STIFFARMS DOJ’S FRIVOLOUS TRY TO END RUN LEGAL PROCESS!

https://www.cnn.com/2018/02/26/politics/daca-supreme-court/index.html

\

 

Ariane de Vogue and Tal Kopan report for CNN”

“Washington (CNN)The Supreme Court said on Monday that it will stay out of the dispute concerning the Deferred Action for Childhood Arrivals program for now, meaning the Trump administration may not be able to end the program March 5 as planned.

The move will also lessen pressure on Congress to act on a permanent solution for DACA and its roughly 700,000 participants — undocumented immigrants who came to the US as children.
Lawmakers had often cited the March 5 deadline as their own deadline for action. But the Senate failed to advance any bill during a debate earlier this month, and no bipartisan measure has emerged since.
Originally, the Trump administration had terminated DACA but allowed a six-month grace period for anyone with status expiring in that window to renew. After that date, March 5, any DACA recipient whose status expired would no longer be able to receive protections.
Monday’s action by the court, submitted without comment from the justices, is not a ruling on the merits of the DACA program or the Trump administration’s effort to end it.
At issue is a ruling by federal District Judge William Alsup of the US District Court for the Northern District of California, who blocked the plan to end DACA and held that the Trump administration must resume accepting renewal applications. The action means the case will continue going through the lower courts.
Alsup said a nationwide injunction was “appropriate” because “our country has a strong interest in the uniform application of immigration law and policy.”
“Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States,” he wrote.
The 9th US Circuit Court of Appeals has generally allowed nationwide injunctions against the Trump administration actions from lower court judges under this President to stand, meaning the DACA program could be spared a year or more until the Supreme Court could take up the case in next year’s term, given the likely realities of the calendar.
Justice Department spokesman Devin O’Malley said the administration’s appeal to the Supreme Court was an uphill climb, given it came before the 9th Circuit ruled.
“While we were hopeful for a different outcome, the Supreme Court very rarely grants certiorari before judgment, though in our view, it was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA,” O’Malley said. “We will continue to defend DHS’s lawful authority to wind down DACA in an orderly manner.”
University of Texas professor law and CNN legal analyst Stephen Vladeck said justices normally don’t weigh in at this stage.
“The justices have not granted such a request since 2004, but the government claimed that the urgency of settling the legal status of DACA, and the potential for nationwide confusion, justified such an extraordinary measure,” Vladeck said.”
***********************************
Good news for America on a number of fronts:
  • DACA immigrants get to keep their status and work authorization for now. While the Administration claimed (disingenuously) that removal of DACA recipients would not be a “priority,” loss of DACA status would mean loss of work authorization (and therefore jobs) for many and loss of in-state tuition eligibility for college for others. Thus, they would have been driven “into the underground.” Honest employers who insisted on following work authorization laws would have been penalized by loss of important, talented workers. Meanwhile, unscrupulous employers willing to overlook lack of work authorization or pay “under the table” at substandard wages would have been empowered by the Administration’s bone-headed actions to exploit Dreamers and U.S. workers alike.
  • Supremes rebuffed the arrogant Trump/Sessions attitude of entitlement. Whatever their disingenuous explanations might be today, in attempting to circumvent the Courts of Appeals to the Supremes, the Administration basically was touting that the GOP had “bought and paid for” five seats on the Supremes and that they expected their “wholly-owned Justices,” including of course the recently appointed Justice Gorsuch, to deliver on their demand for unprecedented special treatment. By forcing the Administration to follow the rules like everyone else, at least for now, the Supremes maintained some degree of dignity and judicial independence in the context of an Administration that publicly holds itself above the law and states that the only acceptable role of Federal Judges (particularly GOP appointees) is to “rubber stamp” Administration positions.
  • Litigation in the Courts of Appeals will further expose the absurdity of Session’s “legal position” on DACA. In the DACA litigation, the DOJ is incredibly asking the Federal Courts to invalidate the Executive’s own legal authority to exercise prosecutorial discretion on a consistent and disciplined basis. While courts have acknowledged that there are likely ways in which the Administration could go about terminating DACA, claiming that it is “illegal” isn’t one of them. Session’s bogus claim that an Administration doesn’t have authority to exercise prosecutorial discretion on a widespread basis is both disingenuous and absurd on its face. Obviously, this Administration has already chosen to exercise lots of prosecutorial discretion not to enforce environmental, health care, civil rights, ethics, and other “laws on the books” when it suited their purposes.
  • If the lower court rulings stand, Trump will have difficulty coming up with a “rational reason” to terminate DACA “on the merits.” Trump himself, as well as other Administration officials and politicos from both parties have widely and publicly praised DACA youth and their contributions to the United States. There is neither a legal nor a rational basis for terminating DACA. While Trump & Sessions might well attempt to do so, those attempts are also likely to be tied up in the Federal Courts for a long time. DACA created “settled expectations” on the part of the recipients, their employers, their schools, and even their U.S. families of continuing ability to, at a minimum, remain, work, and study in the United States, assuming continued “good behavior.” In my long experience in Government, Federal Courts have more often than not been anxious to find ways to protect such “settled expectations.”
  • Congress was going to “punt” on DACA anyway. I detected little if any interest on the part of GOP “leadership” in the House and Senate to fix DACA on a temporary or permanent basis for now. It’s going to take “regime change” —  eventually replacing recalcitrant GOP legislators with Democrats more interested in governing in the public interest, including solving the Dreamer issue on a long-term basis (without otherwise damaging our permanent immigration system or further enabling lawless behavior by DHS). That’s going to take time, just like the litigation. In this case, time is the Dreamer’s and the bulk of America’s friend.

PWS

02-26-18

 

TRUMP ON PACE TO DEPORT ALL 11 MILLION UNDOCUMENTED AMERICANS BY 2070!

Tal Kopen reports for CNN:

http://www.cnn.com/2018/02/23/politics/trump-immigration-arrests-deportations/index.html

 

“Arrests of immigrants, especially non-criminals, way up in Trump’s first year

By Tal Kopan, CNN

In his first year in office, President Donald Trump’s administration’s arrests of immigrants — especially those without criminal convictions — were up substantially, but actual deportations lagged behind his predecessor, according to statistics released Friday.

The jump corresponds to Trump’s central pledge to crack down on illegal immigration, at least in terms of casting a wide net to catch undocumented or deportable immigrants.

Days after being inaugurated, one of Trump’s first actions was to release immigration agents of specific prioritization of who to go after, giving them wide discretion to target almost any undocumented immigrant as a priority.

According to new data from Immigration and Customs Enforcement, there was a 41% increase in the number of undocumented immigrants who were arrested by the agency in 2017 compared to 2016.

But the increase was driven by the agency arresting a significantly higher rate of immigrants without a criminal background. While the share of criminals arrested was up 17%, there was an increase 10 times that — of 171% — in the share of non-criminals arrested.

ICE had previously released fiscal year data, but on Friday released additional numbers from the last three months of 2017 as well, allowing for the year-to-year comparison.

In 2017, ICE made routine arrests of more than 155,000 immigrants, 30% of whom were not criminals. The final three months of the year, the rate of non-criminals arrested was even higher, at 35%.

That number was far lower, though, in 2016. That year the Obama administration arrested almost 110,000 immigrants, nearly 16% of whom were not criminals. In 2014, Obama’s Department of Homeland Security set priorities for ICE that focused first on serious criminals and national safety threats, followed by other public safety threats and immigrants who had recently had an order of deportation signed.

Unlike the increased arrests, at the end of 2017, deportations continued to lag behind the Obama administration’s pace, despite Trump’s repeated pledges to get undocumented immigrants “out” of the country.

In 2017, the administration deported nearly 215,000 immigrants, 13% fewer than the nearly 250,000 deported in 2016. The percentage of those individuals who were non-criminals was steady at just over 40%.

Deportations are a complex statistic to compare, however, because it can take many years to work an individual case through the immigration courts. The administration has also cited a decrease in the number of people apprehended at the border as part of the lagging numbers.”

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

While “Gonzo” immigration enforcement is demonstrably bad for America, the good news here is that the pace at which it is proceeding insures its own ultimate failure.  That’s great news for America and our future!

If Trump, Sessions & Co were actually able to remove all 11 million so-called “undocumented” Americans tomorrow, the American agriculture, hospitality, technology, construction, dairy, teaching, health care, child care, technology, restaurant, and sanitation industries, to name just a few, would cease to function, thus throwing our country into an economic and social tailspin from which we likely would never recover. When you are being governed by idiots, sometimes your only protection is in the idiocy and self-defeating nature of their own policies.

PWS

02-26-18

FROM DEPUTY SECRETARY, TO ACTING SECRETARY, TO “HALL WALKER,” TO RETIREMENT – The Strange, Quick, Unhappy Odyssey Of Elaine Duke Through The Upper Level Of The Trump DHS!

https://www.washingtonpost.com/world/national-security/top-homeland-security-official-who-clashed-with-white-house-over-immigration-policy-to-step-down/2018/02/23/c3659d66-18e4-11e8-942d-16a950029788_story.html

Nick Miroff reports for the Washington Post:

“Elaine Duke, the second-highest-ranking official at the Department of Homeland Security, announced Friday that she will step down after serving less than a year in the job.

A longtime Homeland Security official who ran the agency as acting secretary for more than four months last year, Duke, now deputy secretary, is a well-regarded figure at DHS and viewed as one of its most experienced managers. But Duke was largely sidelined after Secretary Kirstjen Nielsen took over in December and given a portfolio described as “embarrassingly light,” according to people familiar with the matter.

In a brief statement, Nielsen said Duke would “retire from government service in April,” having “selflessly served the federal government for three decades.”

Duke worked as a top-ranking DHS official under President George W. Bush, and was recruited back to the agency by then-Secretary John F. Kelly. Duke was confirmed by the Senate last April.

When Kelly moved to the White House to be chief of staff a few months later, Duke became acting DHS secretary. She filled the top role for more than four months, the longest tenure of any DHS leader serving in an temporary capacity.

“She ended up taking over for Kelly during a tumultuous time at DHS — with three hurricanes, and having to navigate complicated waters on immigration,” said James Norton, a former DHS official who worked with Duke during the Bush administration.

Norton called her departure “a real loss for our country.”

After Hurricane Maria devastated Puerto Rico, Duke was heavily criticized for saying the government’s response should be viewed as “a good news story.” White House officials generally credited her with successful management of the crisis.

But Duke’s standing in the administration tumbled in November when she refused to expel some 57,000 Hondurans living in the United States for nearly two decades with a form of provisional residency known as temporary protected status.

The White House wanted Duke to cancel the Hondurans’ TPS permits, and Kelly called Duke to pressure her, officials said at the time. The episode upset Duke, and she told people close to her that she planned to quit, but DHS released a statement from Duke denying it.

“Upon confirmation of Kirstjen Nielsen as the next Secretary of Homeland Security, I look forward to continuing our important work as the Deputy Secretary of Homeland Security,” the statement said. “I have no plans to go anywhere and reports to the contrary are untrue.”

Duke is the second high-ranking DHS official to step down in recent weeks. James D. Nealon left his job as assistant secretary for international engagement in DHS’s Office of Strategy, Policy, and Plans earlier this month. Nealon, a former U.S. ambassador to Honduras, had reportedly also clashed with the White House over immigration policy.”

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

As I had basically predicted, Dukie was “toast” the minute she showed some intellectual independence, professionalism, and integrity. She didn’t just “go along to get along” as Trumpie expects from his flunkies.

She was immediately replaced with Secretary Kirstjen Nielsen. Nielsen quickly established herself as an primo intellectual lightweight, super sycophant, John Kelly suck up, and moral coward — in other words, exactly what Trumpie wants from his Cabinet Toadies.

What is a “Hall Walker?

In the cherished traditions of the bureaucracy a “hall walker” is defined as:

A senior career civil servant who gets on the wrong side of the political powers to be and consequently is “reassigned” to a position with a grand title, big office, and no meaningful duties.

The idea is to persuade the “hall walker” to look for “alternative employment” or at least to retire as soon as eligible. It’s actually a sophisticated form of bureaucratic torture. The hall walker is at once 1) neutered, 2) humiliated, and  3) co-opted, while 4) serving as an example to other senior career bureaucrats who might not “be with the program.”

Dukie is well rid of the Trump Administration and the DHS. She seems like a talented person who will have a productive, and likely much more lucrative, life after bureaucracy. And she won’t be tarnished by her brief association with the Trumpsters as others who do this Administration’s dirty work for them eventually will be (quite rightfully).

PWS

02-24-18

 

 

 

DESTROYING AMERICA, ONE PRECIOUS, TALENTED LIFE AT A TIME — “Can something that irrational happen in America?” — In The Trump/Sessions/Miller White Nationalist Regime? — You Betcha!

https://www.washingtonpost.com/local/immigration/with-three-months-left-in-medical-school-her-career-may-be-slipping-away/2018/02/22/24a7a780-10f3-11e8-9570-29c9830535e5_story.html?hpid=hp_rhp-top-table-main_dacadoctors-830pm%3Ahomepage%2Fstory&utm_term=.ed15d711fa8f

Maria Sacchetti reports for the Washington Post:

MAYWOOD, Ill. — Rosa Aramburo sailed into her final year of medical school with stellar test scores and high marks from professors. Her advisers predicted she’d easily land a spot in a coveted residency program.

Then President Trump announced the end of the Obama-era program that has issued work permits to Aramburo and nearly 700,000 other undocumented immigrants raised in the United States.

“Don’t be surprised if you get zero interviews,” an adviser told her.

She got 10, after sending 65 applications.

But as she prepared to rank her top three choices last week, Congress rejected bills that would have allowed her and other “dreamers” to remain in the United States, casting new doubt on a career path that seemed so certain a year ago.

Employers and universities that have embraced DACA recipients over the past six years are scrambling for a way to preserve the program. They are lobbying a deeply divided Congress, covering fees for employees and students to renew their permits, and searching for other legal options — perhaps a work visa or residency through spouses or relatives who are citizens. Some companies have considered sending employees abroad.

ADVERTISEMENT

They are also awaiting the outcome of a court challenge to the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program, which has granted the young recipients a temporary reprieve and allowed them to continue renewing work permits for the time being. The Supreme Court could decide as soon as Friday whether to intervene in the case.

Nationwide, more than 160 DACA recipients are teaching in low-income schools through Teach For America. Thirty-nine work at Microsoft, 250 at Apple and 84 at Starbucks. To employers, the young immigrants are skilled workers who speak multiple languages and often are outsize achievers. Polls show strong American support for allowing them to stay.

Based in part on that data, many DACA recipients say they believe that the United States will continue to protect them, even as a senior White House official has indicated that Trump and key GOP lawmakers are ready to move on to other issues.

Human-resources experts warn that employers could be fined or go to jail if they knowingly keep workers on the payroll after their permits have expired. And while the White House has said that young immigrants who lose DACA protections would not become immediate targets for deportation, Immigration and Customs Enforcement says anyone here illegally can be detained and, possibly, deported.

ADVERTISEMENT

“I’ve gotten emails saying, ‘Oh, we loved you,’ ’’ Aramburo, 28, said one recent morning as she hurried to predawn rounds at a neurology intensive-care unit. “But in the back of my mind, I’m thinking, ‘What if I can’t finish?’ ”

Dreams and disbelief

Loyola University Chicago’s Stritch School of Medicine has 32 DACA recipients enrolled in its medical program. (Alyssa Schukar/for The Washington Post)

Cesar Montelongo is a third-year student in the school’s MD-PhD program. (Alyssa Schukar/for The Washington Post)
Nearly 100 DACA recipients are medical students enrolled at schools such as Harvard, Georgetown and the Stritch School of Medicine at Loyola University Chicago, which this May will graduate its first five dreamers, including Aramburo.

Loyola, a Catholic school, changed its admissions policies to allow DACA recipients to apply soon after President Barack Obama — frustrated by Congress’s failure to pass an immigration bill — declared in 2012 that he would issue the young immigrants work permits. Trump and other immigration hard-liners criticized the program as executive overreach.

Thirty-two students with DACA are enrolled at Stritch, the most of any medical school in the country, according to the Association of American Medical Colleges. Most are from Mexico, but there are also students brought to the United States as children from 18 other countries, including Pakistan, India and South Korea.

The school helped the students obtain more than $200,000 apiece in loans to pay for their education. Some agreed to work in poor and rural areas with acute physician shortages to borrow the money without interest.

Mark G. Kuczewski, a professor of medical ethics at Loyola, said the school was inspired to launch the effort after hearing about Aramburo, a high school valedictorian who earned college degrees in biology and Spanish and yearned to study medicine but could find work only as a babysitter because she was undocumented.

He said it is unthinkable that Congress may derail the chance for her and the other DACA recipients at Loyola to become doctors and work legally throughout the United States.

“We just can’t believe that that will happen,” Kuczewski said. “Can something that irrational happen in America?”

2:52
This nurse found hope in DACA, now his life is in limbo

Jose Aguiluz is a 28-year-old registered nurse who may face deportation from the United States if Congress doesn’t come to an agreement on DACA recipients. (Jorge Ribas, Jon Gerberg/The Washington Post)
Teach For America said its lawyers have pored over immigration laws to find ways to sponsor workers who lose their DACA protections. But the process often requires workers to leave the United States and return legally, a risk many young teachers are unwilling to take. The organization also offered to relocate teachers close to their families in the United States.

“They’re desperate. They’re stressed,” said Viridiana Carrizales, managing director of DACA Corps Member Support at Teach For America. “They don’t know if they’re going to have a job in the next few months.”

A spokesman for a major tech company who spoke on the condition of anonymity because of the sensitivity of political negotiations, said it asked DACA employees whether they would like to be transferred to another country where their work status would not be in jeopardy.

“It fell completely flat,” he said. “The employees were polled, and with virtual unanimity, the resounding answer was a ‘No, thank you.’ They considered it giving up.”

The Society for Human Resource Management said companies can defend workers and lobby Congress on behalf of DACA recipients. But the group, which has 240 member organizations, is also urging employers to consider what might happen if their employees’ work permits expire.

“The bottom line is, if people don’t have documents that allow them to work in the United States, they have to be taken off the payroll,” said Justin Storch, a federal liaison for the society.

Cesar Montelongo, a third-year medical student and a DACA recipient. (Alyssa Schukar/for The Washington Post)
‘Not just farmworkers or housekeepers’
On the snow-covered campus at Loyola University Chicago, medical students with DACA permits say they are continuing with their studies and renewing their work permits even as they keep one eye on Washington.

Cesar Montelongo, 28, a third-year medical student who attended the State of the Union address last month, spent part of one recent day examining bacteria in petri dishes in a school laboratory. His family fled a violent border city in Mexico when he was 10.

He is earning a medical degree and a PhD in microbiology, a high-level combination that could land him plenty of jobs in other countries. But he said he prefers the United States, one of “very few places in this planet you can actually achieve that kind of dream.”

Less than a mile away, Alejandra Duran, a 27-year-old second-year medical student who came to the United States from Mexico at 14, translated for patients at a local clinic for people with little or no insurance.

With help from teachers in Georgia, she graduated from high school with honors. She wants to return to the state as a doctor and work to help lower the rate of women dying in childbirth.

“A lot of things have been said about how illegal, how bad we are; that’s not the full story,” Duran said. “We’re not just farmworkers or housekeepers. We’re their doctors. We’re their nurses, their teachers, their paramedics.”

Alejandra Duran, a second-year student who intends to practice obstetrics and gynecology, translates for Dr. Matt Steinberger at the Access to Care clinic. (Alyssa Schukar/For The Washington Post)

Cesar Montelongo, a third-year medical student, examines Petri dishes in which he conducted an experiment looking at interactions of viruses with bacteria in the bladder. (Alyssa Schukar/For The Washington Post)
During rounds at the Loyola University Medical Center, Aramburo studied computer records, then examined stroke victims and patients with spinal and head injuries. Some may never regain consciousness, but she always speaks to them in the hope that they will wake up.

“That’s my dream: to make a difference in people’s lives,” she said. “I hope I can do it.”

In the glass-walled neurology intensive care unit, she and two physicians stood before a 45-year-old stroke victim who spoke only Spanish. The woman struggled to grasp what the two doctors were saying.

Aramburo stepped forward.

“You’ve had a small stroke,” she explained in Spanish, as the woman listened. “It could have been a lot worse. Now we’re going to figure out why.”

 

 

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

Some of the WASHPOST comments on this article were predictably idiotic ands racist., Really, what’s happening to our country that folks have such perverted, ill informed, anti-social, and inhuman views?

These are American kids. Raised, educated, and residing in our country. They aren’t “taking places” from anyone, except, perhaps those of their classmates who are less talented or less ambitious. But, why would we want to reward mediocrity over merit just because someone was born here? Other American kids have the same opportunities that Dreamers have. If some chose not to take advantage of them, so be it!

When the Arlington Immigration Court was located in Ballston, Virginia, the kids from nearby Washington & Lee High would come over to the Mall for lunch. Undoubtedly, some of them were undocumented.

But, I couldn’t tell you who. They were just American kids. Even when they showed up in my courtroom, I couldn’t tell you who was the “respondent” and who was the “support group” until I called the case and the respondent came forward. Contrary to the White Nationalists, folks are pretty much the same.

As usual, Trump and his White Nationalist cronies have taken a win-win-win and created a lose-lose-lose! When Dreamers get screwed, they lose, US employers lose, and our country loses, big time! But, that’s what happens when policies and actions are based on bias, ignorance, and incompetence.

PWS

02-23-18

ARLINGTON IMMIGRATION COURT: ANOTHER WIN FOR THE GOOD GUYS! – GW CLINIC HELPS EL SALVADORAN WOMAN & CHILDREN GET ASYLUM!

Friends,

Please join me in congratulating Immigration Clinic student-attorney Julia Navarro, and her client, F-R, from El Salvador.  This afternoon, Immigration Judge Emmett D. Soper granted F-R’s asylum application.  The ICE trial attorney waived appeal so the grant is final.  Granted asylum along with F-R were her twelve and nine year-young sons, who live with her, and her husband, who remains in El Salvador.

 F-R testified that the Mara 18 gang tried to recruit her then ten-year young son, but that he refused.  As a result, he was beaten, resulting in visible injuries.  However, he refused to tell F-R who beat him, and why.  Finally, after repeated beatings, he told F-R.  She confronted the gang members and asked them to leave her son alone.  In response, they burned her with lit cigarettes on her chest, stomach, and arms.  In addition, they demanded that she pay them $5,000.  And they continued to beat her son.  F-R went to the police twice, but nothing was done.  Finally, after further beatings of her son and renewed demands for the $5,000, F-R and her husband decided that she and her two sons should come to the USA.  After she left El Salvador, the gang members poisoned two of her dogs, whom, she testified, she considered part of her family.  At the conclusion of her direct examination, Julia asked F-R if she would confront the gang members again, and she said yes, because “my children are my life, and I would give my life for theirs.”

 Congratulations also to Sarah DeLong, Dalia Varela, Jengeih Tamba, and Jonathan Bialosky, who previously worked on this case.

**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
**************************************************
Congrats to all involved!
Once more proving my point that with great representation, time to prepare, and a fair Immigration Court, many, perhaps the majority, of the so-called “Northern Triangle Gang Cases” are highly grantable!
This definitely calls into question the Administration’s use of unnecessary detention, unwarranted criminal prosecutions, expedited removal, denial of access to counsel, detention courts, and “removal quotas” to “discourage” valid claims for protection. The Administration’s policies are an overt attack on Due Process and the Rule of Law! Harm to the most vulnerable among us is harm to all of us!
Three cheers for the “New Due Process Army!”
PWS
02-23-18

HELP TEMPLE LAW STUDENTS & THE WASHINGTON OFFICE ON LATIN AMERICA (“WOLA”) DEVELOP BETTER COUNTRY INFORMATION ON THE NORTHERN TRIANGLE TO SUPPORT ASYLUM APPLICATIONS! — Take This Very Short Survey!

Dear Asylum Lawyer,

We are  students seeking your feedback on a project we are working on with the Washington Office on Latin America (WOLA) to support asylum claims from the Northern Triangle.  We aim to provide asylum lawyers with country conditions information tailored to specific issues that arise commonly in cases from the Northern Triangle but lack sufficient easily accessible factual support.This is where you come in.  We need your advice to determine which issues and countries we should prioritize in our efforts.  To that end, we’d be grateful if you could complete this survey, which should take approximately 5 minutes of your time: https://www.surveymonkey.com/r/TLSWOLA.  We’d appreciate your feedback at your earliest convenience, and ideally by February 25.

Please contact us at templelaw.asylum.project@gmail.com with any questions about this survey.  Thank you very much for your valuable time and input into this project. We appreciate your assistance!

Kindest regards,

Shannon McGuire and Jasper Katz
************************
Many thanks to Shannon, Jasper, and their colleagues for undertaking this really important and timely project. It’s even more necessary because of the recent announcement that the State Department will “tank” on various aspects of women’s rights in newly propagandized so-called Country Reports.
The good news is that the field should now be “wide open” for more objective and unbiased information to replace Country Reports as the primary source of human rights and country background information in asylum cases.
But, it’s going to take some great research and persuasive arguments to get judges “off” their traditional (probably over) reliance on the Country Reports. Once discredited, however, the Country Reports are unlikely to ever regain their “privileged position” in the hierarchy of country information.  Actually, a pretty dumb move on the part of the Trumpsters. But, perhaps something that will benefit the system in the long run by leading to use of better and more reliable sources of information.
The survey takes no more than five (5) minutes to complete.
PWS
02-23-18

NO LONGER THE GOLD STANDARD: ONCE RESPECTED USDOS “COUNTRY REPORTS ON HUMAN RIGHTS” WILL NOW BE RIGHT-WING PROPAGANDA SHEETS — WOMEN’S REPRODUCTIVE RIGHTS, RACIAL, SEXUAL DISCRIMINATION NO LONGER MAJOR CONCERNS — Will Advocates Be Prepared With Credible Alternatives & To Prove Administration’s Anti-Human-Rights Bias In Court?

https://www.huffingtonpost.com/entry/state-department-womens-reproductive-rights_us_5a8eeb5ce4b0746ba2acef1e

Laura Bassett reports for HuffPost

“NEW YORK― President Donald Trump’s State Department has been ordered to strip language about women’s reproductive rights from its annual global human rights report, Politico reported on Thursday.

The report, compiled each year with information from U.S. embassies around the world, typically details the lack of contraception and abortion access in various countries and sheds light on racial and sexual discrimination.

This year, a senior aide to Secretary of State Rex Tillerson has reportedly directed the department to remove much of that information from the document. The new report will focus instead on forced sterilization and abortions, and the “Reproductive Rights” subsection in the report will be renamed “Coercion in Population Control.”

The section on racial and sexual discrimination will be pared down, according to the Politico story.

The move follows a string of attempts by the Trump administration to de-prioritize women’s rights and roll back women’s access to contraception and abortion around the world.

“This development is a transparent attempt by the Trump administration to not only deprioritize reproductive rights, but effectively erase them from the broader conversation on human rights,” said Tarah Demant, director of gender, sexuality, and identity at Amnesty International USA.

State Department spokeswoman Heather Nauert said the department is “better focusing some sections of the report for clarity,” and sharpening it to spotlight “the most egregious issues.”

The administration’s proposed budget for the 2019 fiscal year, released earlier this month, would cut nearly $2.5 billion from the Global Health Programs Account, slashing global family planning funding by half.

Trump also reinstated and massively expanded the Global Gag Rule, restricting $8.8 billion in U.S. foreign aid funding for international health programs that provide or even mention abortion services. And he defunded the United Nations Population Fund (UNFPA), a global maternal health organization that provides contraception and pregnancy care to low-income women in 150 countries.

Girls aren’t able to get contraception, and they’re starting to come back pregnant, suicidal, bereftLisa Shannon, a global women’s rights advocate who works with reproductive health clinics in East Africa.

Women’s health workers around the world are already seeing the effects of Trump’s policies on women and girls, who are seeking dangerous and sometimes deadly back-alley abortions as family planning clinics are forced to shut down. Unsafe abortion is a leading cause of maternal mortality globally.

“Girls aren’t able to get contraception, and they’re starting to come back pregnant, suicidal, bereft,” said Lisa Shannon, a global women’s rights advocate who works with reproductive health clinics in East Africa. “They’re desperate, and they’ll do whatever it takes.”

Stripping language about reproductive rights from the U.S. government’s annual report is more than symbolic. Because the U.S. is the largest donor to women’s health groups in the world, effectively holding the purse strings for many non-profits and international organizations, any move the administration makes on the issue can have a chilling effect on contraception and abortion access in developing countries.

Brian Dixon, a spokesman for Population Connection, said the State Department is using the report “to provide cover to violations of women’s fundamental human rights rather than to provide a tool for accountability.”

“Denial of care isn’t ― as Trump and [Vice President Mike] Pence would have it ― an act of faith; it’s an act of violence,” he told HuffPost. “And the refusal to acknowledge that in a report created to hold autocrats and oppressors accountable is just disgraceful.”

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

Advocates for women asylum seekers are going to have to fight the Trumpsters every inch of the way! In the end, abandoning an honest, largely objective approach to human rights will be costly to the US, as we continue to sink toward “Third World” status.  The full ugliness of “Trumpism” and a White Nationalist, largely misogynistic agenda are coming into focus. And, as I have pointed out in other areas, once the Country Reports lose credibility, it probably never will be regained.

PWS

02-23-18

 

THE HILL: NOLAN RAPPAPORT THINKS A COMPROMISE TO SAVE DREAMERS IS STILL POSSIBLE!

http://thehill.com/opinion/immigration/374580-make-the-compromise-ending-chain-migration-is-a-small-price-to-legalize

Family Pictures

Nolan writes:

. . . .

Compromise.

A compromise is possible. It does not have to be a choice between the current chain migration system and a purely merit-based system. The two systems can be merged with the use of a point system.

Visas currently allocated to extended family members can be transitioned to a merit-based point system that provides extra points for family ties to a citizen or LPR. The merit-based aspect of the point system would eliminate the main objection to chain migration, which is that it allocates visas to extended family members who do not have skills or experience that America needs.

Trump’s framework also would terminate the Diversity Visa Program. Those visas could be transitioned to the new point system too.

This would be a small price to pay for a legalization program that would provide lawful status for 1.8 million Dreamers.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.“

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

Go on over to The Hill at the link to read Nolan’s complete article.

I disagree with Nolan’s statement that extended family members don’t bring needed skills. As David J. Bier of the Cato Institute recently pointed out in the Washington Post, that argument is one of a number of   “Myths” about so-called chain migration.

Bier writes:

“MYTH NO. 5
Chain immigrants lack skills to succeed.
In making his case for the president’s proposals last month, Attorney General Jeff Sessions said, “What good does it do to bring in somebody who is illiterate in their own country, has no skills and is going to struggle in our country and not be successful?” This description distorts the picture of immigrants who settle in the United States.

Nearly half of adults in the family-sponsored and diversity visa categories had a college degree, compared with less than a third of U.S. natives. America would lose nearly a quarter-million college graduates every year without the family-sponsored and diversity programs.

Even among the 11 percent who have little formal education, there is no evidence that they aren’t successful. By virtually every measure, the least-skilled immigrants prosper in America. Immigrant men without high school degrees are almost as likely as U.S.-born men with college degrees to look for a job and keep one.

Family-sponsored immigrants are the most upwardly mobile American workers. Whether high-skilled or not, chain or not, immigrants succeed in and contribute to this country.”

I highly recommend Bier’s article

All of my many years of first-hand observation of family immigration at every level supports Bier’s analysis.

Indeed, even if I were to assume that the majority of extended family were so-called “unskilled” (meaning largely that they have skills elite restrictionists don’t respect) that would hardly mean that they aren’t greatly benefitting the US. In many ways, immigrants who perform important so-called “unskilled jobs” essential to our economy but which most Americans neither will nor can do well, are just as important to societal success as more doctors, professors, computer geeks, and baseball players. Fact is, immigrants of all types from all types of countries consistently benefit the US.

That being said, why not try something along the lines that Nolan suggests by taking the Diversity visas and establishing a “pilot program” that combines skills and family ties in a numerical matrix? Then, track the results to see how they compare with existing employment-based and family-based immigration.

PWS

02-21-17