"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
New DHS secretary faces first immigration litmus test
By Tal Kopan, CNN
New Homeland Security Secretary Kirstjen Nielsen faces her first major test on immigration policy next week with a decision that could force upwards of 250,000 Central Americans to leave the United States or scramble to find a way to stay.
Monday is the deadline for deciding the future of a protected status for nationals of El Salvador, and the Department of Homeland Security is widely expected to announce an end to the program, which has offered work permits and the right to live in the United States.
More than 260,000 Salvadorans are covered by the program, according to US Citizenship and Immigration Services, but some experts estimate roughly 200,000 of them could be left without the protected status, based on previous department estimates. Salvadorans make up the largest share of immigrants protected by the program, and all of them have lived in the United States since at least 2001.
While the Homeland Security Department has not yet announced its decision, its actions this year have signaled a tougher approach to the program, which allows individuals from countries affected by crises like natural disasters, war and epidemics to stay in the US and work without being deported. The “temporary protected status,” as it is known, lasts for about two years before needing to be renewed. El Salvador’s status has been continually renewed since 2001, when it was granted after a series of earthquakes.
The pending deadline marks the first major immigration decision that will fall to Nielsen, who has thus far pledged to carry on the legacy of her predecessor and former boss, John Kelly, who is now White House chief of staff.
This fall, her department ended temporary protected designations for thousands of immigrants, including more than 50,000 from Haiti and thousands more from Nicaragua and Sudan, which critics say needlessly uproots contributing immigrants to send them back to unstable countries.
Acting Secretary Elaine Duke, however, extended protections for more than 80,000 Hondurans for six months because she said she was unable to reach a decision about whether conditions in that country had improved enough to terminate the protected status. That decision prompted heavy pressure from the White House to end the protections, sources said, though Duke later denied accounts that said she felt distressed and disappointed by the interference from Kelly.
Nielsen has the ultimate decision on whether to extend El Salvador’s status, but advocates on the issue from both sides of the aisle anticipate a similar decision to that on Haiti, a struggling country as well, but one the department says has recovered from its devastating earthquake in 2010. If Nielsen opts to end the Salvadorans’ protections, it likely would give them 12 to 18 months to apply for some other visa to stay in the United States or prepare to leave.
When the protections end, recipients revert to the status they have otherwise, which would likely leave a number of Salvadorans undocumented after nearly two decades of legally working and living in the United States.
Groups on the right that advocate for restricting immigration are pressing the Homeland Security Department to end the status for El Salvador, and were concerned during Nielsen’s confirmation that she would be adequately hard-line in implementing President Donald Trump’s immigration agenda.
“(Monday’s decision) is a test of whether she properly reflects the Trump campaign’s commitment to the people on these issues,” said Dan Stein, president of the Federation for American Immigration Reform. “We’d be very disappointed to see TPS extended yet again — with no credible justification.”
“Allowing them to stay longer only undermines the integrity of the program and essentially makes the ‘temporary’ protected status a front operation for backdoor permanent immigration,” added Roy Beck, president of NumbersUSA.
There is one area of agreement between the groups on the right like FAIR and NumbersUSA and advocates on the left who say ending temporary protected status for El Salvador would be an unnecessary and cruel move — Nielsen’s decision will toss a political hot potato to Congress.
In ending the protections for other groups, the Homeland Security Department has urged outraged lawmakers to enact legislation rather than continue to force the secretary to make the decisions.
“It will be couched in nice terms, but it actually will be a dramatic move,” Frank Sharry, executive director of America’s Voice Education Fund, a pro-immigration reform group, said of his expectation that DHS will urge Congress to act. “These are Salvadorans who have been living in the United States with work permission for almost 20 years. These are people who are American in all but their paperwork. And the idea that we’re going to try to drive them back to a country that is engulfed in weak governance and corruption and violence is unthinkable.”
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How dumb is it to terminate TPS for El Salvador. I ran into a respected local immigration attorney over the Holidays. While she decried the stupidity and wastefulness of the anticipated decision to terminate Salvadoran TPS, she said that it would have little practical effect on most of her Salvadoran TPS clients.
By now, she related, they all have strong prima facie claims for what is known as “Non-Lawful Permanent Resident Cancellation of Removal” based on “exceptional and extremely unusual hardship” to U.S. citizen spouses or children. Once TPS runs out and these cases are placed on the already dysfunctional Immigration Court docket, she will file the Form EOIR-43 Application for Cancellation of Removal and seek work authorization while the cases are pending before the Immigration Courts. She anticipates that given the current and anticipated backlogs in the local U.S. Immigration Courts, those cases will receive “Individual (Merits) Hearings” about five or six years from now.
Some, she thinks most, will succeed. Those that fail will exercise their appellate rights, thus further extending the process. By that time, the already feeble rationale for actually removing them for the U.S. will be even weaker. And, by then, we likely will have a different Administration and Congress that hopefully will take a more realistic, humane, and pro-American approach to the plight of the TPSers.
How dumb is terminating TPS? I’d hazard to guess that Salvadorans with “permits’ — work authorizations granted under TPS — form the backbone of the booming Northern Virginia construction and remodeling industry. If they were removed tomorrow, everyone in the region would suffer an immediate, and not easily reversible, economic downturn.
Similar problems will occur throughout the nation, not to mention the likely destabilization of El Salvador from the return of so many individuals who had long resided in the U.S to a country already in serious turmoil. In other words, the Trump Administration appears to be in the process of engineering a human rights, foreign policy, and economic disaster on multiple levels.
PWS
01-07-18
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UPDATE:
Nick Miroff at the Washington Post reports that the Secretary of DHS has decided to end Salvadoran TPS, effective September 9, 2019.
“The Trump administration will announce Monday that it intends to cancel the provisional residency permits of about 200,000 Salvadorans who have lived in the country since at least 2001, leaving them vulnerable to deportation, according to mulitple people on Capitol Hill who’ve been apprised of the plan.
The administration will notify the Salvadorans they have until Sept. 9, 2019 to leave the United States or find a new way to obtain legal residency, according to a copy of the announcement prepared by the Department of Homeland Security that will be published Monday morning.
The Salvadorans were granted what is known as Temporary Protected Status, or TPS, after a series of earthquakes devastated the country in 2001.
DHS is preparing to announce that Secretary Kirstjen Nielsen has decided the conditions in El Salvador have improved significantly since then, ending the original justification for the Salvadorans’ deportation protection, these people said.”
“PRESIDENT TRUMP rode a claim of out-of-control crime — to be fought with “law and order” — to victory in 2016. He reinforced the message in his inaugural address about “American carnage.” So it’s no surprise that Attorney General Jeff Sessions harps on the same theme, most recently on Wednesday, when he issued a statement describing this as a “time of rising violent crime [and] a staggering increase in homicides.” As the nation’s chief law enforcement officer, Mr. Sessions can and should use his bully pulpit to raise justified concern about crime and violence; his latest remarks, however, constituted a misuse of that power. Currently available data do not support his alarmism.
The most recent FBI national crime reports do indeed show that both murder and violent offenses generally rose in 2015 and 2016. The murder rate had risen from at least a 54-year low of 4.4 per 100,000 people in 2014 to 5.3 at the end of 2016. This reversal of a long and positive trend in American society cries out for thoughtful analysis and response. We’re still waiting for the 2017 FBI data, which won’t be out until later this year.
Meanwhile, private sources have been crunching the 2017 numbers reported by the police of the largest cities — generally indicative of the national total, since homicide is overwhelmingly an urban phenomenon. The basic picture is that homicide probably dippedslightly last year. Through Dec. 16, the total number of homicides in the nation’s 30 largest cities was 4.4 percent below what it was at the same point in 2016, according to the New York-based Brennan Center for Justice. The Brennan Center is a liberal nonprofit that frequently criticizes the Trump administration, but its numbers come from police agencies and city reports, and its findings agree with those of independent crime analyst Jeff Asher of FiveThirtyEight. His study of public data from 54 cities with 250,000 or more residents showed that murder is down 2.75 percent over 2016.
Mr. Sessions’s dire portrayal may apply to Charlotte, San Francisco or Columbus, Ohio, which recorded double-digit percentage increases in homicide in 2017. And perhaps those are the numbers that were going through his mind on Wednesday. Still, why emphasize those over the numerous good news stories: Houston (down 27 percent), Detroit (down 11 percent) and the District (down 15 percent)? Even Chicago, scene of a horrific increase in shooting deaths in recent years, turned an early-year upward trend into a 13 percent end-of-year decrease in overall murders, from 765 to 664. That is still far too many, but obviously Mayor Rahm Emanuel (D), his citizenry and the Chicago police are doing something right.
Mr. Sessions’s statement came in the context of his announcement of new interim U.S. attorneys, including for Manhattan and Brooklyn. Yet the nation’s largest city recorded only 290 homicides in 2017 — a decline of nearly 90 percent over the past quarter century. Mr. Sessions could just as easily have taken the opportunity to send the Big Apple and the other improving cities his congratulations.”
Attorney General Jeff Sessions is pushing the federal government back into marijuana enforcement. This is an unwise and unnecessary move that may divert resources from more serious problems — and end up backfiring on those who want to restrain pot use.
Mr. Sessions rescinded Thursday a policy that kept the federal government largely out of the way of states that have legalized marijuana. A majority of states have now legalized it in some form. Maryland just began permitting medical marijuana. California just legalized recreational marijuana, and Vermont is near to doing so.
Mr. Sessions’s move upended a tenuous deal the Obama administration made with legalization states: keep pot out of minors’ hands and help combat trafficking, and federal authorities will focus on bigger priorities. This policy allowed a handful of states room to experiment with unencumbered legalization, which would have made the consequences clearer to others.
Mr. Sessions’s decision is unlikely to result in arrests of small-time marijuana users. But it will chill the growth of the aboveboard weed economy by deterring banks and other institutions from participating. From there, U.S. attorneys across the country will decide whether to crack down, and on whom — a few big distributors, perhaps, or a few local grow shops, too. In states with complex regulations on marijuana growing, testing and selling, some operations may move back underground rather than provide documentation to state authorities that federal prosecutors might later use against them.
Mr. Sessions’s move is counterproductive even for skeptics of legalization, whose only defense against a growing tide of public opinion would be evidence that full legalization has significant negative consequences. Mr. Sessions’s move diminishes the possibility of drawing lessons — including cautionary ones — from the examples of legalization states. Similarly, Mr. Sessions has made it harder to learn how to regulate the legitimate weed economy, if that is the path the country chooses.
Jars of medical marijuana are on display on the counter of Western Caregivers Medical marijuana dispensary in Los Angeles. (Richard Vogel/Associated Press)
More concerning is the prospect that U.S. attorneys will begin diverting limited federal resources into anti-pot campaigns from far more pressing matters. As Mr. Sessions himself said this past November, the nation is experiencing “the deadliest drug crisis in American history.” That would be the opioid epidemic, which, Mr. Sessions noted, claimed some 64,000 lives in 2016. Marijuana simply does not pose the same threat, and the attorney general should have avoided any suggestion that it requires more attention right now.
Mr. Sessions’s decision will spur calls for Congress to finally change federal law. That is warranted, but lawmakers should be wary of swinging too far in the opposite direction. As a recent National Academies of Science review found, experts still know relatively little about marijuana’s health effects. It makes no sense to lock up small-time marijuana users, but it may not make sense to move quickly to national legalization. Rather, Congress should decriminalize marijuana use, then await more information.”
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Obviously, Gonzo isn’t “winning friends and (favorably) influencing people” with his with his various personal vendettas. And, Trump trashes him one day and pats him on the back the next. But, that doesn’t mean he’s going anywhere soon. Ironically, Senate Democrats, who once called for his resignation, are now defending him in light of calls from various GOP legislators for him to step down. Also ironically, it’s Special Counsel Robert Mueller, whom Gonzo doesn’t even supervise, who’s probably his “job insurance.” Jonathan Allen at NBC News explains how Gonzo has become the “ultimate survivor” of the Trump Administration.
Why Attorney General Jeff Sessions survives Trump’s wrath
byJONATHAN ALLEN
WASHINGTON — Attorney General Jeff Sessions is taking so much friendly fire these days that it’s easy to conclude he might soon be shown the Justice Department exit.
President Donald Trump has long been apoplectic over Sessions’ recusal from the Justice Department’s Russia probe — as well as the agency’s passing interest in allegations of misconduct by Trump’s vanquished rival, Hillary Clinton — and the president often criticizes Sessions, the Justice Department and the FBI publicly.
“So General Flynn lies to the FBI and his life is destroyed, while Crooked Hillary Clinton, on that now famous FBI holiday ‘interrogation’ with no swearing in and no recording, lies many times … and nothing happens to her? Rigged system, or just a double standard?” Trump wrote on Twitter last month.
Three House Republicans — Chris Stewart of Utah, Jim Jordan of Ohio and Mark Meadows of North Carolina — called on Sessions to resign this week. In an op-ed in the Washington Examiner, Meadows and Jordan argued that leaks about the Russia investigation show the attorney general doesn’t have control over his department. And there have been reportsthat EPA Chief Scott Pruitt is lining himself up to try to take Sessions’ job.
Third Republican calls for Sessions to resign 0:48
Things have gotten so bad for Sessions that his chief defenders this week were the very same Senate Democrats that had railed against his appointment last year, a function of their fear that a new attorney general would be both more loyal to Trump and more able to affect Special Counsel Robert Mueller’s Russia investigation.
It all adds up to the kind of drumbeat that usually portends the political demise of a Cabinet official.
But on Saturday, Trump sought to quiet Sessions’ critics. Asked whether he stands by his attorney general, Trump replied, “Yes, I do.”
It may be that Sessions is untouchable. At the very least, veteran Washington insiders say, he’s shown a survivor’s instincts for dealing with Trump.
“Sessions has figured out a way to appease Trump at the moments where his ire is at its maximum,” said Brian Fallon, a former Obama Justice Department and Hillary Clinton campaign spokesman who also worked on Capitol Hill. “Sessions finds ways to relieve some of the tension.”
In the latest example, Trump’s fury may have been tempered this week by reports that Sessions’ Justice Department has been investigating the Clinton Foundation and is taking another look at Clinton’s private email server. Trump had publicly pressured Sessions to investigate longtime top Clinton aide Huma Abedin over her handling of classified information.
Justice Department spokeswoman Sarah Isgur Flores said in an email that the possibility of Sessions losing his job is a “non story” that has been “ginned up by the media.”
But even if he’s not fully pleased with Sessions, Trump may be stuck with him.
On a political level, it’s not clear whether any possible replacement could win Senate confirmation at a time when two GOP defectors would be enough to scuttle a nomination.
And there’s also the tricky legal question of whether firing Sessions could be interpreted as an attempt to obstruct justice in the Mueller probe, especially after The New York Times reported that a Sessions aide tried to dig up dirt on James Comey when the former FBI director testified that his agency was examining possible Trump campaign ties to Russia.
While Sessions may be secure, his No. 2, Deputy Attorney General Rod Rosenstein, may not be if Trump continues to be displeased with the progress of Mueller’s investigation. With Sessions recused, it’s Rosenstein who oversees Mueller. If Trump decides he wants to fire Mueller, that order would go through Rosenstein, which could set up the kind of constitutional crisis that faced Justice Department executives during the 1973 Saturday Night Massacre.
Back then, President Richard Nixon wanted to fire special prosecutor Archibald Cox, who was investigating the Watergate scandal. The top two justice department officials resigned rather than carry out his order, and Cox was eventually fired by Solicitor General Robert Bork at Nixon’s direction. Nixon won the battle but the backlash from his heavy-handed tactics accelerated his defeat in the war to keep his job. The House began impeachment hearings less than two weeks later.
That history is reason enough for Trump to think twice about cashiering Sessions or any other senior Justice Department official.”
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Gonzo’s attacks on African-Americans, Latinos, LGBTQ individuals, state and local officials, and legalized marijuana merchants and users, among others, is an anathema to effective law enforcement! Indeed, these are just the communities whose support and assistance Gonzo and the DOJ would need to actually be effective in fighting serious crime.
Moreover, his false crusades against these groups have made him ignore America’s most pressing problem: combatting the opioid crisis, which would require not just law enforcement but a coordinated effort among Federal, state and local law enforcement, local communities, and medical,social, welfare, and economic development entities, all of which Gonzo has gone out of his was to “dis” or otherwise offend.
On the other hand, as pointed out by Jonathan Allen, for reasons unrelated to his unrelentingly poor administration of “justice,” Sessions might be in charge of his own destiny at the DOJ.
“I think Jeff Sessions has forgotten about the constitution and the tenth amendment,” California Republican Dana Rohrabacher said in a Thursday press call with four other pro-marijuana legalization congresspeople. The call was in response to the announcement that day by Attorney General Jeff Sessions to withdraw the Cole memo, an Obama-era policy that effectively instructed feds to lay off marijuana businesses in states that have legalized the drug except in cases where, for instance, dealers were sending pot across state lines. Under Sessions’s new policy, US attorneys have the discretion to prosecute weed cases.
“Do you know anyone who supports the attorney general’s decision?” a reporter asked during the call. No, replied members of the Cannabis Caucus.
As the bipartisan group of lawmakers emphasized throughout the call, the idea of the Department of Justice going after legal marijuana businesses in the eight states—and the District of Colombia—that have voted to legalize the drug infringes on states’ rights and goes against the will of the people. It can’t be emphasized enough that prosecuting marijuana cases is unpopular: 64 percent of Americans, and 51 percent of Republicans, favor federal legislation.
The reasons are obvious enough. “Marijuana is a lot better than alcohol. I want to stress that because alcohol creates violence, and I’ve seen great people cut somebody’s head off drunk. You don’t see that with marijuana. I’m not condoning it. I’m saying that was the effect upon them, and now they smoke,” Alaska Congressman Don Young, told me last April.
Studies have shown that it’s safer to consume than alcohol or tobacco, two drugs that are legal to use in the United States. Nevertheless, in Sessions’s reversal of the Cole memo, he asserted, “Marijuana is a dangerous drug and… marijuana activity is a serious crime.” (Sessions once reportedly quipped that he used to think Klu Klux Klan “were OK until I found out they smoked pot.”)
Congress has been quick to condemn Sessions’s latest anti-legal marijuana decree. Cory Gardner, Colorado’s Republican senator, vowed to hold up “DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation.” (The commitment being that he would leave legal weed alone.)
“Effectively, this leaves the legal status of marijuana up to 93 US attorneys across the country. Whatever side of the bed these government bureaucrats wake up on can literally determine the freedom and liberty or the imprisonment of hundreds of thousands of American citizens,” Colorado Democrat Jared Polis explained during Thursday’s call.
“I’m convinced that the backlash that a number of my colleagues have talked about is going to be felt. I think the Attorney General is actually creating problems for the Trump administration,” Oregon Democrat Earl Blumenauer added.
Even members of Congress who hadn’t been explicitly pro-marijuana legalization before this move spoke out in support of state marijuana laws. “Although I did not support the 2014 ballot initiative to legalize marijuana, it strongly passed and I passionately believe in democracy and the principles of states’ rights,” Senator Dan Sullivan, an Alaska Republican, wrote in a press release on Thursday. “Today’s action by the Department of Justice…could be the impetus necessary for Congress to find a permanent legislative solution for states that have chosen to regulate the production, sale and use of marijuana.”
I couldn’t find any senator or representative who has gone on the record supporting Sessions’s latest move, though it was cheered by anti-marijuana groups like Smart Approaches to Marijuana (SAM). “This is a good day for public health. The days of safe harbor for multi-million dollar pot investments are over,” SAM president Kevin A. Sabet said in a press release. “DOJ’s move will slow down the rise of Big Marijuana.”
Although the congresspeople from states with legal weed are concerned about Sessions changing DOJ policy, they were quick to point out that even after the Cole memo was issued in 2013, Obama’s DOJ was still somewhat hostile to legal marijuana. The solution, they believe, is passing a bill that prevents the federal government from interfering with state marijuana rights, and ending federal marijuana prohibition.
“The Cole [memo] wasn’t going to make it any easier or anymore difficult to put into legislation those things that we really need to put in [to protect legal marijuana],” Rohrabacher said. “As we go back into the session, there would be no open discussion of it, and our constituencies wouldn’t have been alerted of it had the Cole memo not been withdrawn. So this is a big plus for our efforts.”
Meanwhile, in this video, Jimmy Kimmel graphically explains why Gonzo hates weed so much:
I guess that the GOP is OK with “Gonzo Enforcement Policies” as long as they just target the “usual suspects:” Blacks, Latinos, Foreigners, the LGBTQ Community, Women who seek to exercise their abortion rights, leftist protesters, Democrats, etc.
But when they start “hitting home” — particularly with profitable and popular industries in their own states — well, not so much. And, they are “surprised” that the Constitution and past promises mean nothing where Gonzo’s personal views on the law and policy are involved?
Ironically, Gonzo’s latest “tone deaf” decision to potentially waste resources on enforcement almost nobody wants could actually ignite the legislative process to remove marihuana prohibitions from Federal law.
“WASHINGTON ― President Donald Trump sent senators a lengthy set of demands on Friday that could tank a deal to help Dreamers ― young undocumented immigrants who came to the U.S. as children ― and might risk a government funding agreement in the process.
The document is essentially an immigration restrictionist wish list. It calls for a border wall, more immigration enforcement agents, punishment for so-called “sanctuary cities,” restrictions on citizens and legal residents sponsoring family members’ visas, and policies to make it easier to detain and deport undocumented immigrants. No dollar amounts were included in the list of demands, but The Wall Street Journal reported earlier Friday that Trump is seeking nearly $18 billion to pay for a border wall.
Democrats and immigrant rights activists have said they won’t accept the White House’s demands in a deal to grant legal status to Dreamers, hundreds of thousands of whom are at risk of losing deportation protections because Trump ended the Deferred Action for Childhood Arrivals or DACA program.
The list could be enough to trigger a Democratic revolt on a government funding bill that needs to pass later this month, Senate Minority Whip Dick Durbin (D-Ill.), whose office shared the White House’s list with reporters, said in a statement.
“President Trump has said he may need a good government shutdown to get his wall,” Durbin said. “With this demand, he seems to be heading in that direction. … It’s outrageous that the White House would undercut months of bipartisan efforts by again trying to put its entire wish-list of hardline anti-immigrant bills—plus an additional $18 billion in wall funding—on the backs of these young people.”
Trump ended DACA in September and said Congress should act to give more permanent protections to recipients of the two-year work permits and deportation relief. DACA recipients will begin to lose permits in greater numbers in March, although activists estimate they’re already losing them at a rate of about 122 per day.
In the months since Trump ended the program, the White House has put out long lists of immigration priorities, and Trump has made broad pronouncements in public comments and tweets, largely focused around building a wall, ending the diversity visa lottery and eliminating so-called “chain migration,” immigration restrictionists’ preferred term for family reunification visas.
The list of demands was initially created in October, with Stephen Miller, a Trump policy adviser, listed as the author of the document, according to the properties on the PDF file. But senators didn’t get a copy until Friday.
The White House did not immediately respond to a request for comment on the document.
Democrats have said they are willing to give Trump some of what he wants on border security, such as more infrastructure, technology and funds, in exchange for legal status for Dreamers. But they, and Dreamers themselves, have argued any deal must be proportional — not everything Republicans want in exchange for legal status for one subset of the undocumented population. During comprehensive immigration reform efforts in 2013, for example, Democrats agreed to an overhaul of the legal immigration system, border security measures and enforcement as part of a package that would have also granted a path to legal status and eventual citizenship for much of the undocumented immigrant population.
Democrats, activists and even some Republicans have warned that piling on more immigration issues has the potential to sink a deal — it happened during past reform efforts and could again now.
The document the White House sent to senators on Friday could indicate the administration either thinks it can get Democrats to settle because of their desire to help Dreamers, or that it doesn’t really want a deal at all.
I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it. Greisa Martinez Rosas, advocacy director for United We Dream
The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.
The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.
The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.
The demands include ending the diversity visa lottery and limiting refugee intake, as well as allowing citizens and legal permanent residents to sponsor only minor children and spouses for green cards ― shutting out the ability to bring over adult children or siblings. Trump has disparaged both the diversity visa lottery and “chain migration” as dangerous by citing two terror incidents allegedly perpetrated by people who entered through those programs, although there is no evidence there is a greater risk of terror by immigrants with those visas.
The White House also asked for funds to hire 10,000 additional Immigration and Customs Enforcement officers and to give local police more authority to assist with deportation efforts. Another priority is to more easily penalize “sanctuary cities,” the loose term for jurisdictions that don’t fully cooperate with immigration enforcement, often because they view it as bad for community policing or because of constitutional concerns.
The list also includes changing policies for people seeking asylum and for unaccompanied children apprehended at the border, restricting relief and making it easier to quickly deport them. It would also mandate E-Verify, a system that allows employers to check immigration status of would-be hires, something immigrant advocates and some business interests oppose because there currently is no pathway for many undocumented people in the U.S. to get status and some industries say they can’t find enough willing legal workers.”
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Read the rest of Elise’s report at the link.
I think that “Dreamers” are a good place for the Dems to take a stand. And, given the “Bakuninist Wing” of the GOP (who share Trump’s desire to destroy Government, but are dissatisfied with the pace of the destruction), it’s going to be very difficult for Trump to get any type of budget passed without Democratic support.
The DHS needs an additional 10,000 agents like we all need holes in our heads. They don’t have enough legitimate law enforcement functions to perform with the staff they have; that’s why they have time for chasing after kids and stuffing their generally law-abiding parents into an already overwhelmed Immigration Court system for hearings that probably won’t take place until long after this Administration is history. (And, that’s even without Gonzo’s current “plan” which appears to be intentionally “jacking up” the Immigration Court backlog to more than 1,000,000 cases overnight by “recycling” all of the currently “administratively closed” cases!)
The words of Greisa Martinez Rosas, advocacy director for United We Dream, are worth repeating and keeping in mind:
“I am not a bargaining chip for Stephen Miller’s vendetta against brown and black people. Offering up my safety in exchange for the suffering of immigrant families is sick and we won’t stand for it.”
Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE
Greetings. During the first two months of FY 2018, the Immigration Court number of pending cases climbed by an additional 30,000. According to the latest case-by-case court records, the backlog at the end of November 2017 had reached 658,728, up from 629,051 at the end of September 2017. Despite the hiring of many additional immigration judges, there has been no apparent slackening in the growth of this backlog. The rate of growth during the first two months of FY 2018 was in fact greater than the pace of growth during FY 2017.
California leads the country with the largest Immigration Court backlog of 123,217 cases. Texas is second with 103,384 pending cases as of the end of November 2017, followed by New York with 89,489 cases.
These and other findings are based upon very current case-by-case court records that were obtained under the Freedom of Information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. For further highlights see:
In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through November 2017. For an index to the full list of TRAC’s immigration tools go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
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The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.
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Of personal interest to me, the U.S. Immigration Court in Arlington, Virginia now has a pending caseload approaching 40,000 cases! Yet, amazingly, the “powers that be” apparently are still detailing Arlington immigration Judges to other dockets!Talk about ADR in action! No wonder cases are being set for Individual Hearing dates 4-5 years in the future!
“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.
In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.
If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.
“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.
But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful menlike Harvey Weinstein, which gave rise to the #MeToo movementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.
And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.
The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.
The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.
The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.
Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?
Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.
Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.
One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.
But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.
More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.
“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.
The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.
Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.
Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.
“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”
Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.
Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.
While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”
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AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.
“Over the course of President Donald Trump’s first year in office, his administration’s top immigration priority has shifted subtly. He’s talking less about deporting “bad hombres” and talking more — a lot more — about how “chain migration” is bad for the United States.
“We have to get rid of chainlike immigration, we have to get rid of the chain,” Trump told the New York Times’s Mike Schmidt in an impromptu interview at his West Palm Beach golf club in December. He followed it up, as he does, with a tweet:
“Chain migration” — which is loosely used as a synonym for all immigration to the United States that happens based on family ties (when a US citizen or, in some cases, a green card holder petitions for a relative to join them) — has become a conservative boogeyman, and an excuse to cut down on legal immigration. It’s long been a target of immigration restrictionists whose concerns about immigration are less about people “respecting the law” than about the government exercising stricter control over who enters the country.
Under the Trump administration, those restrictionists have more political power than they’ve had in a generation — and they’re using it to prosecute an aggressive case against the family-based system as it stands.
The Trump administration’s attacks on “chain migration” have helped shift the terms of the debate over immigration policy. “Chain migration” is being invoked, among other things, to frame two totally different demands Republicans have made in the debate over legalizing immigrants temporarily covered by the Deferred Action for Childhood Arrivals program: preventing current DACA recipients from sponsoring their parents after becoming citizens, and cutting or eliminating some categories of family-based immigration for all immigrants in exchange for legalizing DACA enrollees.
But it’s not just during the DACA debate. The Trump administration blamed the failed New York subway bombing in December on “chain migration” because the would-be bomber came as the child of a US citizen’s sibling in 2010. Its National Security Strategy, issued Monday, called chain migration a security threat.
In other words, the Trump administration’s attack on “chain migration” isn’t just a setup for a particular policy fight. It’s about who is allowed to be a part of America — and whether changes to the country’s makeup are healthy demographic development or a sign of uncontrolled invasion.
“Chain migration” is the technical name for a commonsense idea: People are more likely to move where their relatives are
The dynamic underlying “chain migration” is so simple that it sounds like common sense: People are more likely to move to where people they know live, and each new immigrant makes people they know more likely to move there in turn.
But as obvious as the reality is on the ground, it wasn’t always incorporated into theoretical models of migration (particularly economic models). Economists tended to think about the decision to migrate as a simple calculus of how much money someone was making at home versus how much he could be making abroad, rather than understanding that the decision was more complicated — and that family and social relationships played a role.
Princeton demographer Doug Massey, one of the leading scholars on immigration to the US at the end of the 20th century (and the beginning of the 21st), was one of the scholars who tried to correct this oversimplified view. As he put it in an essay for the Inter-American Parliamentary Group on Population and Development in the early 1990s:
The first migrants who leave for a new destination have no social ties to draw upon, and for them migration is costly, particularly if it involves entering another country without documents. After the first migrants have left, however, the costs of migration are substantially lower for their friends and relatives living in the community of origin. Because of the nature of kinship and friendship structures, each new migrant creates a set of people with social ties to the destination area.
These immigrants would also end up behaving differently once they arrived in their new countries. If they were just there for economic reasons, they’d have an incentive to move back once they’d made enough money, or circulate back and forth. But immigrants who move for social reasons are moving to a new community — a new place they’ll stay. That’s an upside if you think it’s important for immigrants to become American — and a downside if you think the US should be much pickier about who gets to move here for good than it is about who gets to work here.
One upshot of chain migration: Any policies that made it easier for immigrants to bring their relatives would allow migration chains to form, thus expanding immigration into the country. “Family reunification systems,” Massey wrote, “work at crosspurposes with the limitation of immigration.”
Massey and the other demographers of “chain migration” weren’t presenting it as a negative. But their words were easily adopted by people who did. The Massey essay quoted above ended up being reprinted in an issue of The Social Contract — the journal founded by immigration restrictionist mogul John Tanton, who also founded the three most visible restrictionist organizations in American politics (the think tank the Center for Immigration Studies and the advocacy groups NumbersUSA and FAIR).
The Social Contract was a forum for concerns about the threat of mass immigration (particularly mass nonwhite immigration) to the United States. (The Southern Poverty Law Center, which considers all Tanton-affiliated institutions to be “hate groups,” has a rundown of some of the journal’s more incendiary content.) Massey, on the other hand is a longtime supporter of reforms that would make it easier for immigrants to come to America.
An article by a supporter of expansive immigration policy could be reprinted, with few apparent edits, in a journal for his intellectual opponents only because the debate over chain migration is fundamentally not about whether it happens, but whether it’s okay. Defenders of chain migration tend to argue that it’s important for immigrants to put down roots in the US, and that having a family here is part of what that means.
Opponents, on the other hand, see family-based immigration as the government ceding some control for who gets to come here, so that it’s not selecting individuals in a vacuum — which leads rapidly to fears of the US government losing control of the immigration system entirely.
The actual policy behind “chain migration”
It’s not clear whether President Trump understands how family-based immigration actually works — and when it can lead to “chains” of relatives. Trump has claimed that the man who ran over several pedestrians in New York in November brought 23 (sometimes he says 24) relatives to the US in the seven years he’d lived here — a claim that chain migration opponent Mark Krikorian of the Center for Immigration studies said was impossible. And the White House’s “chain migration” diagram makes it looks like each generation of adults brings in children, which brings their children — which isn’t how chain migration works.
To better understand what policies, exactly, opponents of “chain migration” are worried about, check out this chart from the restrictionist advocacy group NumbersUSA — which is a more detailed representation of the same fear of overwhelming, uncontrollable waves of migration.
Let’s walk through the scenario in that chart. It depicts an immigrant who’s come to the US on an employment-based green card (in black) and is able to bring over his spouse and children immediately. He can also petition for his parents to come to the US on green cards, and — after he becomes a citizen (something the NumbersUSA chart doesn’t clarify) — he can petition for his siblings as well (all in gray).
The siblings all bring over their spouses and children immediately, and the spouses (in orange, maroon, navy, and teal) petition to bring over their own parents and (upon naturalization) their own siblings. The original immigrant’s parents (eventually) petition for their own siblings to come to the US, and the siblings then petition to bring over their married adult children — whose spouses can then petition for their own parents and (eventually) siblings, etc., etc.
Meanwhile, the original immigrant’s spouse can petition for her parents (in pink) and, once she becomes a citizen, her siblings (in blue, purple, red, and green). Those siblings bring over their spouses, who subsequently petition for their own parents and siblings, etc., etc.
There are a ton of assumptions in this model about the way immigrants behave — why is everyone in families of four or five? Does no one really want to stay in her home country? Is there no such thing as a bachelor in any of these families? — but the visa categories under US law make it a hypothetical possibility. But the thing is, US policymakers know that it’s a hypothetical possibility. And there are safeguards built into the system that restrict family-based immigration far more than the diagram would have you believe.
In practice, bringing over a family member takes years — which makes it very hard to build a chain
No one is automatically allowed to immigrate to the US. Anyone applying for residency in the country has to go through a standard vetting process — including a criminal and terrorism background check, and an evaluation of whether they’re likely to become a “public charge” in the US (i.e., be unable to support themselves for income and rely on social programs).
Trump’s National Security Strategy claims that “chain migration” is a problem for national security, but there’s nothing inherent to the way someone is allowed to immigrate to the US that makes it harder for the US to catch would-be terrorists — that is, if anything, a failure of the screening process.
The bigger obstacle, though, isn’t qualifying to immigrate — it’s that the number of hypothetically qualified family-based immigrants greatly exceeds the number of slots available for immigrants each year. The US doesn’t set caps on the number of spouses, minor children, or parents of US citizens who can come to the US each year — but, again, those categories in themselves don’t create chains.
The categories that do create chains are strictly capped: 23,400 married children of US citizens (plus their own spouses and minor children) are allowed to immigrate each year, and 67,500 adult siblings of US citizens (plus spouses and minor children). Furthermore, because the total number of immigrants coming from a particular country each year is capped, would-be immigrants from Mexico, China, India, and the Philippines end up facing even longer wait times.
When people talk about the “visa backlog,” this is what they mean: In January 2018, for example, the US government will start processing applications for F4 visas (the siblings of US citizens) who first petitioned to let them immigrate on June 22, 2004, or earlier. That is, unless the sibling lives in India (in which case the petition had to be filed by December 2003 to get processed in January 2018), Mexico (November 1997), or the Philippines (September 1994).
Understanding that an F4 visa is a 13- to 23-year process throws that NumbersUSA diagram into a different light. How implausible it is depends on your assumptions about how close together generations are, and how young the immigrants are when they come to the United States. But if you start by understanding that the first members of the orange, maroon, navy, teal, blue, purple, red, and green chains don’t enter the US until 18 years after the original immigrant (signified by black) does — and that the first immigrants in the yellow section of the chart don’t enter the country until 23 years later — it should give you a sense of how long it will take in to fill in the rest of the chain.
In practice, this ultimately looks like a lot of people coming to the US in late middle age. That’s backed up by the data: A study from Jessica Vaughan of the Center for Immigration Studies — which is critical of “chain migration” — found that the average age of immigrants to the US has risen over the past few decades, and that family-based immigration was a substantial cause.
But even then, the NumbersUSA scenario assumes that all the immigrants can afford to sponsor a family member to immigrate to the US. A US citizen (or green card holder seeking to bring an unmarried child or parent) has to prove to the government that they can provide financial support if their relative needs it, rather than relying on the government for aid.
In practice, this means that every immigrant needs to have someone vouching for them whose household income is 125 percent of the poverty line — and the “household” includes the relative who’s trying to come to the US. In other words, a single adult could sponsor his parent to immigrate if he made at least $20,300 — 125 percent of the federal poverty line for a two-person household — but if he had a spouse and two children, he’d have to be making 125 percent of the poverty line for a five-person household. And that includes any other immigrants who the household is sponsoring at the same time.
So an immigrant with a wife and two children who wanted to sponsor his parents and four siblings to immigrate as soon as he became a citizen would have to be making $56,875 — around the median income in the US. And if his spouse were trying to do the same thing with her parents and four siblings, as in the NumbersUSA chart, they’d have to be making $83,000 — which would place them in the 66th percentile of US household income.
That’s not impossible. But it certainly calls into question the stereotype of family-based migration as a way for “low-skilled,” low-earning immigrants to bring their low-skilled, low-earning relatives into the US.
There are ways for citizens to get other people to agree to help support a potential immigrant relative. But at the same time, the US government has discretion to reject an application, even if the citizen meets the income threshold, if they suspect that in practice the immigrant won’t be supported in the US. (Another factor in determining “public charge”is age — which is interesting, given the data about family-based immigrants being older.)
Add all of these factors together, and it becomes clear that an immigrant won’t be able to bring that many relatives to the US over the course of his or her lifetime. Vaughan’s studyfound that as of 2015, immigrants who came to the US from 1981 to 2000 had sponsored an average of 1.77 relatives to come join them. The most recent immigrants in the study — those who came to the US in the late 1990s — had sponsored the most relatives: 3.46. But both of those numbers include the minor children they brought with them at the time: In other words, they were hardly starting 3.46 new “chains.”
If anything, in fact, the family-based system is so overloaded that it ends up creating unrealistic hopes in people that they’ll be able to immigrate to the US. If your sibling moves to the US on a work visa, for example, you might start to hope that he’ll eventually be able to bring you along — but if you try to plan your life around that, you’ll end up waiting for two decades.
There are hints all this panic over “chain migration” is really about fear of cultural change
All of this is relevant to a conversation about whether to further restrict, or eliminate, the F3 and F4 visas for married children and adult siblings of US citizens. And indeed, that’s the most common policy demand being made by Republicans who are seeking to end or reduce “chain migration.”
But the most stalwart opponents of “chain migration,” the ones who use it to refer to all family-based immigration, period, are talking not just about the mechanics of the chain but about a bigger normative question: whether allowing immigrants to come as family units, or allowing people to immigrate based on family relationships, gives the US too little control over who gets to come.
The ultimate impression of both the White House and NumbersUSA “chain migration” diagrams is to make it seem that admitting a single immigrant unleashes an uncontrollable tide of infinite future family-based immigration — that each immigrant is a one-person Trojan horse for hundreds more.
“As more and more immigrants are admitted to the United States, the population eligible to sponsor their relatives for green cards increases exponentially,” the restrictionist group FAIR says on its website. “This means that every time one immigrant is admitted, the door is opened to many more.”
This potent visual is why “chain migration” has been a longtime target of immigration restrictionists, even when the Republican Party as a whole was attempting to welcome legal immigrants. For people whose biggest fear regarding immigration is that immigrants will change the face of America — that they’ll trample the country’s “traditionally” white, Christian majority — there’s little more potent than the idea of immigrants bringing over huge families, replanting their communities whole in American soil.
This fear goes hand in hand with a fear that immigrants won’t assimilate. When immigration restrictionists cite the second quarter of the 20th century as a great time for the United States, they’re not (at least explicitly) praising the racist country quotas that governed immigration at the time. They’re (explicitly) praising the fact that, with overall immigration levels low, immigrants were forced to interact with and eventually integrate among US citizens. The more immigrants that come over — and especially the more that immigrants bring their families over — the less, in theory, that they and their descendants will have to interact with people from outside of their community. In turn, this gets into fears that parts of America could become alien to Americans — cultural, or literal, “no-go zones.”
The use of “chain migration” in the current debate over DACA, to refer to DACA recipients allowing their parents to become legal immigrants, complicates the matter even further. Because the parents of DACA recipients have, by definition, lived in the US as unauthorized immigrants, this isn’t really about bringing new people into the US — it’s about legalizing people who are already here (or bringing people back who have been deported, something US policy already makes pretty hard).
The insistence among some Republicans that “Dreamers” not be allowed to sponsor their parents, even after they become US citizens, is really about not wanting to “reward” unauthorized immigrants for living in the US without papers. They’re worried about losing “control” in a slightly different sense — worried that any “reward” for illegal behavior will incentivize a new wave of unauthorized migration to take advantage of potential rewards. This is pretty far afield from the way that “chain migration” is commonly understood — but that’s the word being used in the DACA debate anyway, not least because the president has helped turn it into a buzzword.
Because these memes, and the fears that they provoke, are all so tightly connected, “chain migration” is both an ideological concern about America selecting immigrants based on their merit, and a racist smokescreen for fears of demographic change. It can be hard to separate the two. And it’s certainly not in the interests of the opponents of “chain migration” to try.
There’s a reason that family-based immigration has lasted as long as it has
It’s a lot easier to get people to agree, in theory, that the US should be accepting immigrants on the basis of “merit” — i.e., without concern for whether they have relatives living here — than it is to get them to agree on exactly what should be done to reduce the importance of family-based immigration to the current system.
For one thing, many policymakers, including many Republicans, see allowing some family members to immigrate as an important factor in encouraging integration. Allowing immigrants to bring along their spouses and minor children, for example, makes it less likely that they’ll decide to return to their home countries — and it means their children will grow up American, in more ways than one.
There are also policymakers who see family unity as a value worth protecting for its own sake (an argument you’ll often hear among religious advocates). And there’s, of course, an ethnic component. Asian Americans, in particular, feel that they are still trying to make up ground after decades of racist exclusion from the immigration system — and family-based immigration has been the best way for them to make that ground up. Mexican Americans, too, feel that the current system has unfairly forced Mexican immigrant families to be separated while other families get to reunite with ease.
All of these objections have combined, so far, to make Democrats firmly opposed to any proposal that would restrict future family-based immigration. But as “chain migration” begins to eclipse other issues (like immigration enforcement in the interior of the US) as a top Republican priority, it’s not clear whether Democrats’ commitment to hypothetical legal immigrants of the future is going to win out over their commitment to legalizing unauthorized immigrants who are currently here.”
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The fear that the US won’t be a “White Christian country” is what’s really driving the campaign against family migration (a/k/a/ “chain migration”). But, in reality, the days of the US as a “White Christian Empire” are in our national rearview mirror, no matter what the White Nationalist restrictionists do. It’s really just a question of how much pain, suffering, and divisiveness the White Nationalists can inflict as their already tenuous control inevitably continues to slip.
As almost all “non-restrictionist” economists tell us, restrictive national immigration policies are not in our national interest. In fact, more, not less legal immigration is going to be a necessity to keep our economy from stagnating like that of Japan and some European countries. Indeed, Paul Ryan’s goofy “everyone should have more kids” was an acknowledgement of how our future success depends on a robust legal immigration system.
Also, the concept that the legal admission of Dreamers is a “negative” that has to be “offset” by cuts in legal immigration elsewhere is pure fiction. Dreamers are already here and contributing to our society and our national welfare. Giving them legal status is not only the right thing to do, but also the smart thing. And doing the “smart thing” requires no bogus “offsets.”
Coauthored with Anne Shannon, former intern in the International Institutions and Global Governance program at the Council on Foreign Relations.
After President Donald J. Trump’s election last fall, many experts predicted that 2017 would be a tumultuous year for international cooperation. During his campaign, Trump promised to “make America great again” by renegotiating or renouncing “bad” and “unfair” international agreements, and questioned the value of international institutions. Since January, Trump’s “America First” policies have seen the United States abdicate its global leadership role. Yet contrary to expectations, multilateral cooperation on pressing issues like climate change and migration has continued, as other states have stepped up to lead. Despite all the tumult, the world has recorded several important achievements for multilateralism alongside the setbacks.
Climate Change
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Global Governance Diplomacy and International Institutions Trump Foreign Policy 2017
Trump’s largest blow to international cooperation came in June when he announced his intention to withdraw the United States from the Paris Climate Accord. Early reactions suggested that other countries might respond in kind, reneging on their commitments and stalling overall progress on environmental governance. Nevertheless, this November’s climate conference in Bonn, aimed at finalizing aspects of the Paris Agreement, was a success. Participating states secured additional funding for climate initiatives and agreed to several objectives in the fields of agriculture, indigenous rights, and gender equality in climate governance.
French President Emmanuel Macron, who has made combatting climate change a signature policy, hosted a separate global climate conference this December, raising additional funds to meet Paris commitments. And while the Trump administration signaled its intent to abandon the agreement, many U.S. states, cities, and companies have stepped into the void, pledging commitments of their own. The successes in Bonn and Paris, combined with near-unanimous international support for the Paris Accords, indicate that multilateral cooperation on climate change will continue without U.S. leadership, even if the politics look challenging.
Global Trade
Trump’s protectionist campaign positions suggested that global trade would take a beating in 2017. Experts warned of trade wars, predicting that a downward spiral of tit-for-tat measures could strangle economic growth. In fact, according to the International Monetary Fund (IMF), global trade in goods and services increased, growing 4.2 percent in 2017, almost twice the growth registered in 2016. Despite Trump’s decision to pull the United States out of the Trans-Pacific Partnership (TPP) and threats to pull out of the North American Free Trade Agreement (NAFTA), neither deal is dead yet. The remaining TPP members revived the idea of trans-pacific trade at the Asia-Pacific Economic Partnership (APEC) summit in November, making significant progress without the United States toward what is now known as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).
Even as extreme U.S. demands stall NAFTA renegotiations, U.S. public support for NAFTA increased in 2017, pressuring the Trump administration not to withdraw from the agreement. While the United States has abdicated global trade leadership, the European Union (EU) has made progress on several important agreements of its own, notably one with Japan, encompassing countries that account for over 30 percent of the world’s GDP. The EU-Japan agreement will reduce the ability of the United States to set world product standards and other regulations—disadvantaging U.S. exports in the process. In exercising his America First strategy, President Trump could actually hurt U.S. businesses. Reinforcing this possibility was the disappointing December WTO ministerial meeting in Argentina, in which parties failed to reach any significant multilateral deals.
Migration
Trump has continually and publicly expressed negative opinions about immigrants, particularly (although not exclusively) illegal ones. He demands a wall between the United States and Mexico and has signed several executive orders attempting to halt refugee admissions, as well as ban immigrants from various Muslim-majority countries. Nevertheless, international efforts to cooperate on migration issues have continued, notwithstanding certain setbacks.
In December, Mexico held multilateral negotiations toward a Global Compact on Migration, despite the United States withdrawal from the negotiating process. In November, the African Union-European Union summit saw both blocs condemn the situation of migrants in Libya and pledge to work toward a joint migration task force. All is not rosy, of course. According to Amnesty International and other groups, EU governments remain complicit in the Libyan migrant crisis. Elsewhere, Australia closed a refugee camp on Manus Island in Papua New Guinea, while Bangladesh and Brazil struggled to accommodate influxes of refugees across their borders.
Nuclear Proliferation
Despite Trump’s decision not to recertify the “terrible” Iran deal, the Joint Comprehensive Plan of Action (JCPOA) remains alive. Europe strongly condemned Trump’s decision, and along with China and Russia, pledged to remain committed to the JCPOA as long as Iran complies, even if the United States backs out. Were such a breakdown between the United States and other permanent UN Security Council members (as well as Germany) to occur, the U.S.-led sanctions regime against Iran could well disappear as European, Chinese, and Russian firms deepen business ties with Iran. The continued success of the JCPOA is also vital for the prospects of a peaceful resolution of tensions with North Korea. Indeed, some argue that the JCPOA could be a blueprint for a similar agreement with North Korea. By contrast, the United States would lose any negotiating credibility with North Korea if the Trump administration pulls out of the Iran agreement.
International Institutions
Global governance has held ground in 2017 in other, less publicized, ways. The IMF and the World Bank, unlike other multilateral institutions, have largely escaped Trump’s criticism. Although several senior administration officials have long histories of disliking the IMF and World Bank, savvy diplomacy by Jim Yong Kim and Christine Lagarde seems to have placated the Trump administration so far.
President Trump has also backpedaled on some of his criticisms of international alliances and organizations. After repeatedly calling the North Atlantic Treaty Organization (NATO) obsolete on the campaign trail, Trump deemed NATO “no longer obsolete” in April after meeting Secretary-General Jens Stoltenberg. Trump also toned down his rhetoric on the United Nations. In April he called the organization “unfair” and an “underperformer;” in September the president tweeted that the “United Nations has tremendous potential.” (Whether this rapprochement will withstand the UN General Assembly’s condemnation of the unilateral U.S. recognition of Jerusalem as Israel’s capital remains to be seen.)
America First’s Future
Looking forward to 2018, it is difficult to predict how Trump’s America First agenda will affect global governance, particularly with a notoriously unpredictable president. It is possible that Trump will continue to renege on some campaign promises. Moreover, midterm elections in November could severely cripple his ability to pass nationalist-minded legislation. Still, he retains significant leeway, should he choose to use it, to undermine NAFTA, the JCPOA, and other international agreements through executive action.
Regardless of the president’s choices, his actions cannot overturn a fundamental contemporary reality—namely, that transnational challenges require global solutions. The lesson of 2017 is that other states are willing to step forward to fill some of the leadership roles vacated by the United States. In pulling back from international cooperation, Trump is forfeiting the United States’ historically important role in shaping international norms and multilateral policies. Nations that are willing to pick up the slack, whether under authoritarian regimes (like China) or democratic leadership (like France), will shape international rules and institutions to conform to their own priorities, not necessarily American ones. And they will not be eager to give up their new-found influence if and when the United States decides it wants the reins of global influence back.
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Surrendering moral, economic, and political leadership to the likes of Presidents Putin and Xi, plus making ourselves an inherently unreliable ally, will have long term adverse consequences for our country.
Bad stuff from the worst Administration in US history!
And, what does it say about those who voted for Trump and continue to support or aid and abet him?
Glenn Kessler reports for the Washington Post’s Fact Checker:”
“President Trump gave an impromptu half-hour interview with the New York Times on Dec. 28. We combed through the transcript and here’s a quick roundup of the false, misleading or dubious claims that he made, at a rate of one every 75 seconds. (Some of the interview was off the record, so it’s possible the rate of false claims per minute is higher.)
“Virtually every Democrat has said there is no collusion. There is no collusion. . . . I saw Dianne Feinstein the other day on television saying there is no collusion.”
Trump appears to be referring to an interview with Sen. Dianne Feinstein (D-Calif.), a member of the Senate Intelligence Committee. She did not flatly say there was no collusion and instead was more nuanced. Asked by CNN’s Jake Tapper on Nov. 5 whether she had “seen any evidence that this dirt, these emails, were ever given to the Trump campaign,” she replied: “Not so far.” Tapper then asked: “Have you seen any communications that suggested that the Trump campaign wanted them to release them through a different means?” She answered: “I have not.”
“I think it’s been proven that there is no collusion.”
Trump is entitled to his own opinion, but he sidesteps the fact that the investigation has revealed that members of the Trump campaign interacted with Russians at least 31 times throughout the campaign. There are at least 19 known meetings, in addition to the indictments or guilty pleas of his campaign manager, national security adviser and others. Here’s The Fact Checker’s video on our count.
3:09
All the times members of the Trump campaign interacted with Russians
The Trump campaign and the White House have said there was no contact between anyone on their staff and Russia. This isn’t true. (Meg Kelly/The Washington Post)
“There was collusion with the Russians and the Democrats. A lot of collusion. . . . Starting with the dossier. But going into so many other elements. And Podesta’s firm.”
Trump has falsely accused Clinton campaign manager John Podesta of being involved with a Russian company. Tony Podesta co-founded the Podesta Group, a lobbying firm, with his brother John. But it’s a U.S.-based company, not a company in Russia. Trump likely is referring to the Podesta Group being paid $170,000 over six months to represent Sberbank, a Russian bank. The Podesta Group said its work for Sberbank USA was “never about getting sanctions lifted,” and “was simply about helping to clarify to what extent our client, the U.S. subsidiary [of Sberbank], was subject to sanctions. We confirmed they were not.” As for alleged collusion between the Democrats and Russia, Trump is referring to the fact that Fusion GPS, the political research firm that assembled the dossier as part of an assignment for Democrats, relied on a British intelligence agent who used Russian sources for his research. So that’s a rather big stretch.
Here’s the Fact Checker’s video on the Fusion GPS Russian connections.
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What you need to know about Fusion GPS, the Trump dossier and Russian interests
How is Fusion GPS connected to the Trump dossier, Donald Trump Jr.’s Trump Tower meeting and the 2016 election? The Fact Checker explains. (Video: Meg Kelly/Photo: Jabin Botsford/The Washington Post)
“I won because I campaigned properly and she didn’t. She campaigned for the popular vote. I campaigned for the electoral college.”
There is no evidence that Hillary Clinton campaigned for the popular vote, which Trump previously has said he would have won if not for fraud. Clinton campaigned in many battleground states, including Republican-leaning ones where she thought she had a chance. She did not campaign as much in two states — Michigan and Wisconsin — that were considered locks for Democrats but which Trump narrowly won. Clinton won the popular vote by nearly 3 million. If 40,000 votes had switched in three states, Trump would have also lost the electoral college.
“Paul [Manafort] only worked for me for a few months.”
Trump skips over lightly the fact that Manafort, now under indictment, was his campaign manager in the critical period in which he secured the nomination and accepted it at the GOP convention.
“There was tremendous collusion on behalf of the Russians and the Democrats. There was no collusion with respect to my campaign.”
This is a breathtakingly false statement. Little evidence has emerged of any collusion between the Democrats and Russia, whereas evidence has emerged of many contacts between Trump campaign officials and Russian-linked individuals. The FBI, CIA and National Security Agency earlier this year concluded that Russian President Vladimir Putin and his government “aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him.” The New York Times reported on Dec. 30 that the FBI investigation began because a Trump campaign aide told an Australian diplomat in May 2016 that the Russians had access to emails that would embarrass Clinton, well before research in the “dossier” was started. The Australian government then notified the U.S. government about the conversation.
“What I’ve done is, I have absolute right to do what I want to do with the Justice Department.”
Presidents do not have unfettered right to interfere with Justice Department investigations, unless they are actively seeking a constitutional crisis.
“I’m the one that saved coal. I’m the one that created jobs. You know West Virginia is doing fantastically now.”
West Virginia’s gross domestic product increased 3 percent in the first quarter of 2017. The recent bump is due in part to the increased price of metallurgic coal, which is used to make steel, and a price increase in natural gas exports. West Virginia produces roughly 5 percent of the natural gas in the U.S. and as the price of natural gas rises, the demand for coal increases, spurring growth in the state. Trump can’t take credit for the change in prices, which fluctuate with market forces. He previously earned Four Pinocchios for this claim, but he keeps saying it. As for “saving coal,” there has barely been any job growth in the coal industry since Trump became president. According to the Bureau of Labor Statistics, only 900 jobs have been created in the coal industry since Trump became president — an increase of less than 3 percent.
“There is tremendous collusion with the Russians and with the Democratic Party. Including all of the stuff with the — and then whatever happened to the Pakistani guy, that had the two, you know, whatever happened to this Pakistani guy who worked with the DNC?”
Trump echoes a conspiracy theory that a criminal case involving a Pakistani information technology specialist who worked for Rep. Debbie Wasserman Schultz — who had chaired the Democratic National Committee — was somehow related to the Russian hack of DNC emails. The case involves a fraudulent loan, and no evidence has emerged to connect it to the Russia investigation.
“They made the Russian story up as a hoax, as a ruse, as an excuse for losing an election that in theory Democrats should always win with the electoral college. The electoral college is so much better suited to the Democrats.”
Trump is falsely labeling nonpartisan investigations as made up by Democrats. The CIA concluded in 2016 that Russia intervened in the U.S. presidential election to help elect Trump, an assessment backed up by FBI Director James B. Comey and then-Director of National Intelligence James R. Clapper Jr. As we noted, the intelligence community released a declassified report expressing “high confidence” in this judgment. Senate and House committees led by Republicans have begun their own investigations, and a special prosecutor has been appointed. Meanwhile, Democrats obviously do not have an electoral college lock. According to a tally by John Pitney of Claremont McKenna College, every Republican president since Rutherford B. Hayes in 1876 won a larger share of the electoral college votes than Trump, with the exception of George W. Bush (twice) and Richard Nixon in 1968.
“I was for Strange, and I brought Strange up 20 points. Just so you understand. When I endorsed him, he was in fifth place. He went way up. Almost 20 points.”
Polls indicate that Trump’s endorsement made little difference in the Alabama senate race — and in fact Luther Strange lost to Roy Moore by a greater margin than polls suggested at the time of Trump’s endorsement. While Trump says Strange was in fifth place, there were only three candidates in the GOP primary.
“I endorsed him [Alabama senate candidate Roy Moore]. It became a much closer race because of my endorsement. People don’t say that. They say, ‘Oh, Donald Trump lost.’ I didn’t lose, I brought him up a lot.”
Polls can vary, but there is little evidence this is the case. The fact remains that Moore lost an election in a state where Democrats usually lose by double digits.
“We have spent, as of about a month ago, $7 trillion in the Middle East. And the Middle East is worse than it was 17 years ago. … $7 trillion.”
Trump, who previously would cite a number of $6 trillion, is lumping together the wars in Iraq (in the Middle East) and Afghanistan (in Central or South Asia), which together cost about $1.6 trillion from 2001 to 2014. He is also adding in estimates of future spending, such as interest on the debt and veterans’ care for the next three decades.
“By the way, and for that, we’ve ended across state lines. So we have competition. You know for that I’m allowed to [inaudible] state lines. So that’s all done.”
Trump signed an executive order encouraging the formation of health plans across state lines. But there is still a law in place that exempts insurance companies from aspects of federal antitrust law and ensures that individual states remained the primary regulators of insurance. We wrote about this before, when Vice President Pence earned Four Pinocchios for a false claim.
“I know the details of taxes better than anybody. Better than the greatest C.P.A. I know the details of health care better than most, better than most.”
Lawmakers who dealt with Trump on taxes and especially health care privately told reporters they were shocked how little he knew about these issues.
“We’ve created associations, millions of people are joining associations. Millions. That were formerly in Obamacare or didn’t have insurance. Or didn’t have health care. Millions of people.”
Trump is referring to an executive order, mentioned above, but it has no force in law on its own and no one has yet joined these associations. The rules spelling out how the executive order would work have not been issued yet, so Trump is simply making up his “millions” number.
“Now that the individual mandate is officially killed, people have no idea how big a deal that was. It’s the most unpopular part of Obamacare. But now, Obamacare is essentially … You know, you saw this. … It’s basically dead over a period of time.”
While the individual mandate was an important incentive for Americans to seek health insurance, it was only one part of a far-reaching law that remains intact. The repeal does not take effect until 2019, and enrollment in Obamacare has remained strong. The Congressional Budget Office says the marketplaces are expected to remain stable for years.
“We see the drugs pouring into the country, we need the wall.”
The wall will have virtually no effect on drugs coming into the country. According to reports by the Drug Enforcement Administration, the majority of drugs are smuggled through legal ports of entry or smuggled through underground tunnels. Trump previously earned Four Pinocchios for this claim, but he keeps saying it.
“They have a lottery in these countries. They take the worst people in the country, they put them into the lottery, then they have a handful of bad, worse ones, and they put them out. ‘Oh, these are the people the United States.’ … We’re going to get rid of the lottery.”
This is a gross misrepresentation of the diversity visa program. Individuals apply for the visa system, and must have at least a high school diploma or work in specific industries to be eligible for the program. As the term “lottery” implies, applicants are selected via a randomized computer drawing. The selected applicants undergo a background check before entering the country, and some applicants undergo an additional in-depth review if they are considered a security risk.”
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Well, you get the picture. It just goes on and on. Get all the “whoppers” at the link. Having a congenital liar as our leader can’t come out well for the U.S.
“The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.
The DOJ made the request in a previously unreported letter, dated Dec. 12 and obtained by ProPublica, from DOJ official Arthur Gary to the top official at the Census Bureau, which is part of the Commerce Department. The letter argues that the DOJ needs better citizenship data to better enforce the Voting Rights Act “and its important protections against racial discrimination in voting.”
A Census Bureau spokesperson confirmed the agency received the letter and said the “request will go through the well-established process that any potential question would go through.” The DOJ declined to comment and the White House did not respond to a request for comment.
Observers said they feared adding a citizenship question would not only lower response rates, but also make the census more expensive and throw a wrench into the system with just two years to go before the 2020 count. Questions are usually carefully field-tested, a process that can take years.
“This is a recipe for sabotaging the census,” said Arturo Vargas, a member of the National Advisory Committee of the Census and the executive director of NALEO Educational Fund, a Latino advocacy group. “When you start adding last-minute questions that are not tested — how will the public understand the question? How much will it suppress response rates?”
The 2010 census included a handful of questions covering age, sex, race, Hispanic origin, household relationship and owner/renter status — but not citizenship.
“People are not going to come out to be counted because they’re going to be fearful the information would be used for negative purposes,” said Steve Jost, a former top bureau official during the 2010 census. “This line about enforcing voting rights is a new and scary twist.” He noted that since the first census in 1790, the goal has been to count everyone in the country, not just citizens.”
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Read the complete article at the link.
Under the law and Supreme Court precedents, census data is used to draw Congeessional districts. Indeed, quite contrary to the way the GOP operates, Reprsentatives are supposed to represent the interests of all of the residents of their district, not just “voters” or “GOP voters.”
The DOJ’s bogus request to add a citizenship question is a rather transparent attempt to reduce Hispanic political power, in line with the overall White Nationalist anti-democracy direction the party is moving under Trump.
“Anti-immigrant voices’ smokescreen that they were only opposed to illegal immigration has been shredded. They now revel in their calls for immigration exclusionism. If allowed to persist, it will distort and damage our economy and impede entrepreneurship. It has already encouraged a wholly-misguided approach to crime fighting.
Attorney General Jeff Sessions and Trump have concocted a theory that we are awash in crime because of illegal immigrants, especially those living in “sanctuary cities.” That is patently false, and Sessions’ efforts to punish cities that refuse to do the feds bidding in detaining and helping to deport illegal immigrant have been swatted down in court. However, the barrage of litigation over sanctuary cities and obsession with the issue has led us to ignore both the successes and failures in crime fighting — and the causes of each.
. . . .
So when Los Angeles mayors and police chiefs tell the Justice Department that making police into immigration agents will impair their community policing success and divert valuable resources, maybe we should listen to them. Conservatives used to understand that in federalism we have the “laboratories of democracy,” namely the opportunities to find through experimentation what works and what doesn’t. Rather than riding roughshod of localities, Sessions should highlight the successes of local police departments, urge others to follow suit and increase funding — rather than threaten to yank it for spurious reasons — for those localities that need it the most. Alas, his ideological fixation with demonizing illegal immigrants seems to preclude such a fact-based approach.“
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Read JRube’s compleat article at the link.
As she indicates, Gonzo is undoubtedly the most “fact and law free” Attorney General in our lifetime. Almost every one of his amazingly horrible and destructive decisions is driven by deeply ingrained ideological bias. Senator Liz Warren and the others who spoke up at the confirmation hearings were right. But, the GOP Senate tuned them out. Remember that the next time you go to the polls!
WASHINGTON — China has now assumed the mantle of fighting climate change, a global crusade that the United States once led. Russia has taken over Syrian peace talks, also once the purview of the American administration, whose officials Moscow recently deigned to invite to negotiations only as observers.
France and Germany are often now the countries that fellow members of NATO look to, after President Trump wavered on how supportive his administration would be toward the North Atlantic alliance.
And in the Israeli-Palestinian conflict, the U.S., once the only mediator all sides would accept, has found itself isolated after Trump’s decision to declare that the U.S. recognized Jerusalem as the capital of Israel.
In his wide-ranging speech on national security last week, Trump highlighted what he called the broadening of U.S. influence throughout the world.
But one year into his presidency, many international leaders, diplomats and foreign policy experts argue that he has reduced U.S. influence or altered it in ways that are less constructive. On a range of policy issues, Trump has taken positions that disqualified the United States from the debate or rendered it irrelevant, these critics say.
Even in countries that have earned Trump’s praise, such as India, there is concern about Trump’s unpredictability — will he be a reliable partner? — and what many overseas view as his isolationism.
“The president can and does turn things inside out,” said Manoj Joshi, a scholar at a New Delhi think tank, the Observer Research Foundation. “So the chances that the U.S. works along a coherent and credible national security strategy are not very high.”
As the U.S. recedes, other powers including China, Russia and Iran are eagerly stepping into the void.
One significant issue is the visible gap between the president and many of his top national security advisors.
Trump’s national security speech was intended to explain to the public a 70-page strategy document that the administration developed. But on key issues, Trump’s speech and the document diverged. The speech, for example, included generally favorable rhetoric about Russia and China. The strategy document listed the two governments as competitors, accused the Russians of using “subversion” as a tactic and said that countering both rival powers was necessary.
Russia reacted angrily: America continues to evince “its aversion to a multipolar world,” said President Vladimir Putin’s spokesman, Dmitri Peskov.
At the same time, Trump’s refusal to overtly criticize Russia, some diplomats say, has emboldened Putin in his military actions in Ukraine, where Russian-backed rebels are battling a pro-West government in Kiev. Kurt Volker, the administration’s special envoy for Ukraine, said that some of the worst fighting since February took place over the last two weeks, with numerous civilian casualties. Volker accused Russia of “massive” cease-fire violations.
Nicholas Burns, who served as a senior American diplomat under Republican and Democratic administrations, said the administration’s strategy was riddled with contradictions that have left the U.S. ineffective.
Trump “needs a strong State Department to implement” its strategy, he said. “Instead, State and the foreign service are being weakened and often sidelined.”
Trump’s “policy of the last 12 months is a radical departure from every president since WWII,” Burns said in an interview. “Trump is weak on NATO, Russia, trade, climate, diplomacy. The U.S. is declining as a global leader.”
The most recent example of U.S. isolation came with Trump’s decision to formally recognize Jerusalem as the capital of Israel, delighting many Israelis, but angering Palestinians and reversing decades of international consensus.
On Thursday, an overwhelming majority of the U.N. General Assembly, including many U.S. allies, voted to demand the U.S. rescind the decision.
For the last quarter-century, successive U.S. governments have held themselves up as an “honest broker” in mediating peace between the Israelis and Palestinians. Trump insisted he is not giving up on a peace deal, but most parties involved interpreted his announcement as clearly siding with Israel.
“From now on, it is out of the question for a biased United States to be a mediator between Israel and Palestine,” Turkish President Recep Tayyip Erdogan said at a summit of more than 50 Muslim countries that he hosted in Istanbul. “That period is over.”
Daniel Kurtzer, a former U.S. ambassador to Israel and Egypt under Presidents Clinton and George W. Bush, said that if a peace deal is to be made now, “it won’t be from American policy.”
“Trump took himself and the administration out of the peace process for the foreseeable future,” he said.”
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Read the complete article about the fool that we have elected to lead us and how far from being perceived as a “tough guy” his “America First” policy is perceived as a joke by most of the world. No, he’s not “Making America Great Again.” He’s transforming us into an “Overprivileged Third World Has Been” almost overnight. Once lost, international respect and world power are seldom regained.
“What are we to make of Vladimir Putin’s first year in the White House? How has he done?
I’m only slightly kidding. Or rather I’m just channeling a CNN interview earlier this week with James Clapper, former director of National Intelligence. Here’s what Clapper said: “I think this past weekend is illustrative of what a great case officer Vladimir Putin is. He knows how to handle an asset, and that’s what he’s doing with the president […] You have to remember Putin’s background. He’s a KGB officer. That’s what they do. They recruit assets. And I think some of that experience and instincts of Putin has come into play here in his managing of a pretty important account for him, if I could use that term, with our president.”
Clapper clarified his statement by saying he was being figurative, rather than literal. So let’s just ask a figurative question, shall we? How successful has the Kremlin’s figurative investment been this past year? Pretty damn impressive.
Look first at Putin’s domestic goals. His core concern, as with any despot, is the legitimacy of his pseudo-democratic autocracy – which means, in turn, discrediting the very different features of the liberal democracies of the West. And in this, he must be scarcely able to believe his luck. After decades of the West’s championing of liberal democracy, the American president has spent his first year attacking it. Trump has exhibited contempt for a free press, describing the bulk of Western journalism as “fake news,” words that have gladdened the hearts of dictators across the planet. He has minimized Putin’s assassination of critical journalists, saying that America has no moral standing to criticize. He has treated the judiciary either as instruments of loyalty — hence his packing of the federal bench — or as pests to be slandered or dismissed. He prefers total loyalty from law-enforcement officials to the actual rule of law. For good measure, Trump has legitimized Putin’s core model of governance — that of a benevolent cult hero of the nation, shored up by religious reactionaries — by plagiarizing it. As for the other critical aspect of Putinism — the looting of the treasury by oligarchs — I give you the latest tax bill. It even carves out special goodies for real-estate investors.
Then there is Russia’s permanent interest in deepening the racial and partisan divides in America — the better to force the United States to be more concerned with internal strife than with foreign affairs. On this, Putin’s success is even more impressive. What better propaganda could the Kremlin get than the Charlottesville horrors, the racial divide crippling the NFL, or the candidacy of Roy Moore? In the Cold War, the Kremlin constantly cited America’s racial strife as proof that, whatever its democratic pretensions, the country was still a bastion of white supremacy. Now, much of American academia and an entire rising generation agree with what the Soviets long argued. As for the stability and legitimacy of liberal capitalism, Putin could scarcely do better than the GOP tax proposal. When economic inequality is at record highs, undermining the social compact that undergirds capitalism, the GOP is making things far worse. It would also add well over a trillion dollars to the U.S. debt. Trump is not just looting the Treasury for himself and his buddies, he is looting the younger generation as well.
Internationally, Putin has had an even bigger year. One of his central goals — the disintegration of the European Union and the entire concept of the West — has been advanced by Washington in ways never seen before. Trump backed Brexit, breaking the U.K. away from its European partners; he supported Marine Le Pen in France for the same reason; and he has routinely lambasted Merkel, whose power is now hanging by a thread. He chose Poland, where an authoritarian party is busy dismantling judicial independence, as the site for his major foreign-policy address. He has permanently undermined the core Article 5 commitment that an attack on one NATO country is an attack on all of them, by being the first U.S. president to equivocate on it. America has also broken with its European allies by withdrawing from the Paris Accords on climate, threatening the Iran nuclear deal, and backing the ethno-nationalist extremists who now run Israel on the status of Jerusalem. Last week, the U.S. found itself utterly isolated at the U.N. on the question, and openly threatening all its allies with payback. In the Middle East, Russia has never been stronger — it is now the key player in the future of Syria, while Putin’s naked annexation of Crimea and sections of eastern Ukraine remains in place, unmentioned by the White House.
What more could Putin ask for? Well, he could hope that his grotesque attack on the last U.S. election would lead to no serious effort to prevent it happening again. And lo, an American president has emphatically refused to lift a finger to defend the Constitution he is duty bound to protect. There’s been no attempt by the White House to protect the integrity of our elections — just a constant disdain for those who worry about them, and a general, somewhat egregious, complacency.
No American president in history has ever given Russia so much in so short a time. Congrats, Vladimir. You’ve achieved what no Soviet dictator ever managed to. Your asset in the White House, figurative or not, has given more than all the British and American traitors in the history of the Cold War.”
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The Trump Administration is a clear and present danger to the safety and security of the United States of America.
“Reuters) – A U.S. appeals court on Friday said President Donald Trump’s hotly contested travel ban targeting people from six Muslim-majority countries should not be applied to people with strong U.S. ties.
The 9th U.S. Circuit Court of Appeals, which covers several West Coast states, also said its ruling would be put on hold pending a decision on the latest version of the travel ban from the Trump administration by the U.S. Supreme Court.
Since taking office in January, Trump has been struggling to enact a ban that passes court muster.
A three-judge panel from the 9th Circuit narrowed a previous injunction from a lower federal court to those people “with a credible bona fide relationship with the United States.”
It also said that while the U.S. president has broad powers to regulate the entry of immigrants into the United States, those powers are not without limits.
“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the panel said.
The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen seeking to enter the United States. The Republican president has said the travel ban is needed to protect the United States from terrorism.
The state of Hawaii, however, challenged it in court, and a Honolulu federal judge said it exceeded Trump’s powers under immigration law.
Trump’s ban also covers people from North Korea and certain government officials from Venezuela, but the lower courts had already allowed those provisions to go into effect.
The same three judge 9th Circuit panel, which limited a previous version of Trump’s ban, heard arguments earlier this month. Some of the judges appeared more cautious toward the idea of blocking the president’s policy.
Trump issued his first travel ban targeting several Muslim-majority countries in January, which caused chaos at airports and mass protests.
He issued a revised one in March after the first was blocked by federal courts.
That expired in September after a long court fight, and was replaced with the current version.
The ban has some exceptions. Certain people from each targeted country can still apply for a visa for tourism, business or education purposes, and any applicant can ask for an individual waiver.
U.S. Justice Department officials were not immediately available for comment.
(Reporting by Dan Levine in San Francisco and Jon Herskovitz in Austin, Texas; Editing by Tom Brown)”
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I think the result here is largely a symbolic protest against Trump by the 9th Circuit. The court stayed it’s own order, pending inevitable Supreme Court review; therefore, the ruling changes nothing.
But, in reality, although going through the motions of pressing the lower courts to rule, it appears that the majority of the Supremes have already decided Travel Ban 3.0 in favor of the Trump Administration. Otherwise, the Supreme’s recent decision to stay the lower court injunctions pending review would fall somewhere between inexplicable to indefensible on the scale of judicial conduct. Justices Ginsburg and Sotomayor dissented from the lifting of the stay. Therefore, I would expect a “split decision,” with the Administration’s margin of victory to be in the range of 5-4 to 7-2.
COMPLAINT AGAINST CHIEF IMMIGRATION JUDGE FOR ORDERING JUDGES TO IGNORE FEDERAL LAWS PROTECTING CHILDREN
by Bryan Johnson on December 22, 2017
The following complaint was filed today against Chief Immigration Judge, MaryBeth Keller for ordering immigration judges to disregard special legal protections for unaccompanied children as mandated by 8 USC 1232(e):
Gotta believe that this one will get a quick coat of whitewash from EOIR, particularly since Chief Judge Keller’s “rise through the ranks” of the HQ bureaucracy was fueled, in part, by her role as the Assistant Chief Judge in charge of Judicial Conduct.
I always liked Chief Judge Keller, who once worked for me at the BIA. She’s a fundamentally decent person working for a bad guy (Jeff Sessions) and just trying to hang onto her job and limit the damage as best she can until she’s eligible to retire. I doubt that the “offending (and offensive) memo” was her idea. She was undoubtedly ordered to write it by Acting Director McHenry and his “handlers” at the DOJ. And, it certainly echoes Sessions’s clear bias against all immigrants, particularly young people of color. Remember the completely uncalled for “smear job” he did on “Dreamers” while gleefully announcing their planned demise as if it were some great achievement, rather than something of which we all should be ashamed?
Dreamers make our country better; Gonzo Apocalyto, not so much.