FAILED STATE: America’s “Clown Prince” 🤡 More Like Infamous Marshal Petain Than Leader Of The Free World  — “But the leader he brings to mind is Marshal Philippe Pétain, the French general who, in 1940, signed an armistice with Germany after its rout of French defenses, then formed the pro-Nazi Vichy regime. Like Pétain, Trump collaborated with the invader and abandoned his country to a prolonged disaster. And, like France in 1940, America in 2020 has stunned itself with a collapse that’s larger and deeper than one miserable leader,” Says George Packer @ The Atlantic!🆘😰👨🏻‍⚖️

Henri Petain
Henri Petain
Famous French Collaborator/Traitor
Trump Clown
Donald J. Trump
Famous American Clown
George Packer
George Packer
American Journalist, Author, Playwright

https://www.theatlantic.com/magazine/archive/2020/06/underlying-conditions/610261/

Packer writes in The Atlantic:

When the virus came here, it found a country with serious underlying conditions, and it exploited them ruthlessly. Chronic ills—a corrupt political class, a sclerotic bureaucracy, a heartless economy, a divided and distracted public—had gone untreated for years. We had learned to live, uncomfortably, with the symptoms. It took the scale and intimacy of a pandemic to expose their severity—to shock Americans with the recognition that we are in the high-risk category.

This article appears in the Special Preview: June 2020 issue.

The crisis demanded a response that was swift, rational, and collective. The United States reacted instead like Pakistan or Belarus—like a country with shoddy infrastructure and a dysfunctional government whose leaders were too corrupt or stupid to head off mass suffering. The administration squandered two irretrievable months to prepare. From the president came willful blindness, scapegoating, boasts, and lies. From his mouthpieces, conspiracy theories and miracle cures. A few senators and corporate executives acted quickly—not to prevent the coming disaster, but to profit from it. When a government doctor tried to warn the public of the danger, the White House took the mic and politicized the message.

Every morning in the endless month of March, Americans woke up to find themselves citizens of a failed state. With no national plan—no coherent instructions at all—families, schools, and offices were left to decide on their own whether to shut down and take shelter. When test kits, masks, gowns, and ventilators were found to be in desperately short supply, governors pleaded for them from the White House, which stalled, then called on private enterprise, which couldn’t deliver. States and cities were forced into bidding wars that left them prey to price gouging and corporate profiteering. Civilians took out their sewing machines to try to keep ill-equipped hospital workers healthy and their patients alive. Russia, Taiwan, and the United Nations sent humanitarian aid to the world’s richest power—a beggar nation in utter chaos.

Adam Chilton, Kevin Cope, Charles Crabtree, and Mila Versteeg: Red and blue America agree that now is the time to violate the Constitution

Donald Trump saw the crisis almost entirely in personal and political terms. Fearing for his reelection, he declared the coronavirus pandemic a war, and himself a wartime president. But the leader he brings to mind is Marshal Philippe Pétain, the French general who, in 1940, signed an armistice with Germany after its rout of French defenses, then formed the pro-Nazi Vichy regime. Like Pétain, Trump collaborated with the invader and abandoned his country to a prolonged disaster. And, like France in 1940, America in 2020 has stunned itself with a collapse that’s larger and deeper than one miserable leader. Some future autopsy of the pandemic might be called Strange Defeat, after the historian and Resistance fighter Marc Bloch’s contemporaneous study of the fall of France. Despite countless examples around the U.S. of individual courage and sacrifice, the failure is national. And it should force a question that most Americans have never had to ask: Do we trust our leaders and one another enough to summon a collective response to a mortal threat? Are we still capable of self-government?

This is the third major crisis of the short 21st century. The first, on September 11, 2001, came when Americans were still living mentally in the previous century, and the memory of depression, world war, and cold war remained strong. On that day, people in the rural heartland did not see New York as an alien stew of immigrants and liberals that deserved its fate, but as a great American city that had taken a hit for the whole country. Firefighters from Indiana drove 800 miles to help the rescue effort at Ground Zero. Our civic reflex was to mourn and mobilize together.

Partisan politics and terrible policies, especially the Iraq War, erased the sense of national unity and fed a bitterness toward the political class that never really faded. The second crisis, in 2008, intensified it. At the top, the financial crash could almost be considered a success. Congress passed a bipartisan bailout bill that saved the financial system. Outgoing Bush-administration officials cooperated with incoming Obama administration officials. The experts at the Federal Reserve and the Treasury Department used monetary and fiscal policy to prevent a second Great Depression. Leading bankers were shamed but not prosecuted; most of them kept their fortunes and some their jobs. Before long they were back in business. A Wall Street trader told me that the financial crisis had been a “speed bump.”

All of the lasting pain was felt in the middle and at the bottom, by Americans who had taken on debt and lost their jobs, homes, and retirement savings. Many of them never recovered, and young people who came of age in the Great Recession are doomed to be poorer than their parents. Inequality—the fundamental, relentless force in American life since the late 1970s—grew worse.

This second crisis drove a profound wedge between Americans: between the upper and lower classes, Republicans and Democrats, metropolitan and rural people, the native-born and immigrants, ordinary Americans and their leaders. Social bonds had been under growing strain for several decades, and now they began to tear. The reforms of the Obama years, important as they were—in health care, financial regulation, green energy—had only palliative effects. The long recovery over the past decade enriched corporations and investors, lulled professionals, and left the working class further behind. The lasting effect of the slump was to increase polarization and to discredit authority, especially government’s.

Both parties were slow to grasp how much credibility they’d lost. The coming politics was populist. Its harbinger wasn’t Barack Obama but Sarah Palin, the absurdly unready vice-presidential candidate who scorned expertise and reveled in celebrity. She was Donald Trump’s John the Baptist.

David Frum: Americans are paying the price for Trump’s failures

Trump came to power as the repudiation of the Republican establishment. But the conservative political class and the new leader soon reached an understanding. Whatever their differences on issues like trade and immigration, they shared a basic goal: to strip-mine public assets for the benefit of private interests. Republican politicians and donors who wanted government to do as little as possible for the common good could live happily with a regime that barely knew how to govern at all, and they made themselves Trump’s footmen.

Like a wanton boy throwing matches in a parched field, Trump began to immolate what was left of national civic life. He never even pretended to be president of the whole country, but pitted us against one another along lines of race, sex, religion, citizenship, education, region, and—every day of his presidency—political party. His main tool of governance was to lie. A third of the country locked itself in a hall of mirrors that it believed to be reality; a third drove itself mad with the effort to hold on to the idea of knowable truth; and a third gave up even trying.

Trump acquired a federal government crippled by years of right-wing ideological assault, politicization by both parties, and steady defunding. He set about finishing off the job and destroying the professional civil service. He drove out some of the most talented and experienced career officials, left essential positions unfilled, and installed loyalists as commissars over the cowed survivors, with one purpose: to serve his own interests. His major legislative accomplishment, one of the largest tax cuts in history, sent hundreds of billions of dollars to corporations and the rich. The beneficiaries flocked to patronize his resorts and line his reelection pockets. If lying was his means for using power, corruption was his end.

Read: It pays to be rich during a pandemic

This was the American landscape that lay open to the virus: in prosperous cities, a class of globally connected desk workers dependent on a class of precarious and invisible service workers; in the countryside, decaying communities in revolt against the modern world; on social media, mutual hatred and endless vituperation among different camps; in the economy, even with full employment, a large and growing gap between triumphant capital and beleaguered labor; in Washington, an empty government led by a con man and his intellectually bankrupt party; around the country, a mood of cynical exhaustion, with no vision of a shared identity or future.

. . . .

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

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

Very discouraging. But, it’s not too late, yet. We have a chance in November to throw out the Trump/GOP Kakistocracy and start rebuilding America with a vision of the common good, common sense, and human dignity! Be the best, rather than running a “race to the bottom.”

Let’s consign Trump and his toadies to the same “dustbin of history” as Pétain and his collaborators!

This November, vote like your life depends on it. Because it does!

PWS

04-21-20

JIM CROW WINS, AMERICA LOSES, AGAIN — WHITE NATIONALIST CLOWN-IN-CHIEF 🤡 HALTS IMMIGRATION TO DIVERT ATTENTION FROM MASSIVE FAILURE OF GOVERNANCE, AS FECKLESS DEMS PROTEST! — Announced By Tweet At Time When Borders Closed Anyway — A “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy,” Says Sen. Tim Kaine (D-VA) 😰👎🏻

By Paul Wickham Schmidt 

Courtside Exclusive

April 21, 2020. Migrants didn’t bring coronavirus to the U.S. Inevitable as its arrival was, U.S. travelers returning from abroad hastened the infection. The Trump regime ignored advanced warnings, wasted time, failed to prepare, and intentionally misled the public into believing that the problem was minor and under control. As we know, it was neither. No wonder the “Chief Clown” needs to shift attention to “the usual suspects.” 

Rather than being a threat, courageous, talented, hard-working migrants of all types have been at the forefront of our battle against coronavirus. They put their own lives at risk to provide health care, medical research, food, sanitation, delivery, stocking, transportation, cleaning, technology, and other essential services. Their reward from Trump, Miller, and the other regime racists: to be scapegoated and further dehumanized by those whose “malicious incompetence” actually threatens the health and safety of all Americans.

Nobody knows what the U.S. economy will look like post-COVID-19. But, we can be sure that migrants will play a key role in our future. And, of course, permanent legal immigrants are carefully screened and required to undergo health examination before being admitted. 

Meanwhile, Democrats complain, but show show no sign of actually using their leverage to halt the regime’s invidious assault on migrants. They weren’t even to get all taxpaying immigrant families included in the initial stimulus payments nor have they been able to require immigration authorities to comply with best health practices for detained migrants. Nor does it look like the needs of migrants will be addressed by the latest proposed legislation, although exact details are still pending. So, their bluster is just that —bluster.

Undoubtedly, the brave lawyers of the New Due Process Army will mount legal challenges to this latest assault on the rule of law. While some challenges might succeed in the lower Federal Courts, to date the “J.R. Five” on the Supremes have shown no inclination to look critically at any of the regime’s many misuses and abuses of so-called “emergency” and “national security” rationales, even when they are transparently bogus “pretexts” for xenophobia, religious bigotry, and racism. 

Perhaps it’s largely a moot point right now. Market forces affect immigration. With worldwide travel restrictions, borders closed, and 22 million out of work in the U.S., the allure of migration to the U.S. should be sharply reduced.

The Trump regime’s open hostility to immigrants plus our chaotic response to COVID-19, perhaps the world’s worst overall at this point, might make the U.S. a less attractive place for future immigration, particularly for legal migrants who have other choices. Demand for migration is normally a sign of economic and social health. As America fades into disorder under the kakistocracy, so might our ability to attract migrants, particularly those we claim to prize.

According to James Hohmann at the Washington Post, senior officials at the DHS were surprised by Trump’s late night tweet announcing the impending action. As Hohmann noted, that’s an indication of the deep thought, analysis, and preparation that went into this action. Trump has normalized incompetence and dumb decisions made based on a racist political agenda to the point where they barley cause a ripple in our distorted national discussion anymore. I’d say it was like being “goverened” by a five-year-old, but that would be a supreme insult to most five-year-olds I know.

While the “Chief Clown” can’t move fast enough to reopen the economy, even in the face of solid evidence that the it’s premature in most areas, don’t expect the bogus “immigration emergency” to end as long as this regime is in power. Crisis becomes yet another opportunity for the “worst of the worst among us” — the kakistocracy — to act on their biases and prejudices and get away with it.

Here’s a report from Rebecca Shabad @ NBC News:

Rebecca Shabad
Rebecca Shabad
Congressional Reporter
NBC News

https://www.nbcnews.com/politics/congress/xenophobe-chief-democrats-blast-trump-s-plan-suspend-immigration-u-n1188551

WASHINGTON — Congressional Democrats slammed President Donald Trump after he announced that he plans to suspend immigration to the United States, arguing that such a move does nothing to protect Americans from the coronavirus and deflects attention away from his handling of the outbreak.

House Democratic Caucus Chairman Hakeem Jeffries, D-N.Y., tweeted that Trump is the “xenophobe. In. chief.”

“This action is not only an attempt to divert attention away from Trump’s failure to stop the spread of the coronavirus and save lives, but an authoritarian-like move to take advantage of a crisis and advance his anti-immigrant agenda. We must come together to reject his division,” tweeted Rep. Joaquin Castro, D-Texas, chairman of the Congressional Hispanic Caucus.

Shortly after 10 p.m. ET on Monday, Trump announced in a tweet, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”

There were no additional details. A senior administration official said Trump could sign the executive order as early as this week.

The tweet came as the death toll in the U.S. from COVID-19 topped 42,000 people, according to Johns Hopkins’ Coronavirus Resource Center.

Sen. Tim Kaine, D-Va., Democrats’ 2016 vice presidential nominee, called it a “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy.”

. . . .

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

Read Rebecca’s full article at the link.

Due Process Forever. The White Nationalist Kakistocracy Never!

PWS

04-21-20

AMERICA NEEDS & DESERVES BETTER THAN MIKE PENCE: Just Being Somewhat Smarter & Less Evil Than Trump Doesn’t Cut It In Crisis! — Bess Levin @ Vanity Fair & James Downie @ WashPost Toast “Second Clown” 🤡 For Putting Obsequiousness To Trump Above Truth & Our National Interest! 🤡🤡🤡🤡🤡👎🏻☠️⚰️

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2020/04/donald-trump-liberate-tweets

Bess Levin writes in Vanity Fair:

LEVIN REPORT

Tweets, Deal With It

According to the VP, the president is simply “communicating” with the people when he whips protestors into a frenzy.

pastedGraphic.png

BY BESS LEVIN

APRIL 17, 2020

On Thursday night, perhaps having been zapped with some sort of taser that sent a momentary current of sense through his body, Donald Trump announced that despite previously, falsely claiming he had “total” authority to force states to reopen far sooner than experts say is safe, the decision would be left to the individual governors. “If they need to remain closed,” he said, “we will allow them to do that.” Then he went to bed and woke up the exact same lunatic we’ve come to know and fear over the last three-plus years, and decided to spend a portion of his day whipping anti-social distancing protesters into a frenzy, contradicting everything he had said less than 24 hours prior.

The three states Trump all-caps called out have the distinction of being run by Democratic governors who’ve had the temerity to insist that logic and science will dictate when and how they will get people back to everyday life, a plan that has been met by mobs of angry protesters who’d prefer to congregate in large groups ASAP, wildly contagious coronavirus be damned. While some of them, like Virginia’s Ralph Northam, dismissed Trump’s tweets as the ravings of an online troll, saying at a press conference that he’s “fighting a biological war” and “[does] not have time” to involve himself in “Twitter wars,” others were less inclined to let them slide.

The president’s statements this morning encourage illegal and dangerous acts,” Washington governor Jay Inslee wrote on Twitter. “He is putting millions of people in danger of contracting COVID-19. His unhinged rantings and calls for people to ‘liberate’ states could also lead to violence. We’ve seen it before.” He continued: “The president is fomenting domestic rebellion and spreading lies—even while his own administration says the virus is real, it is deadly and we have a long way to go before restrictions can be lifted…. The president’s actions threaten his own goal of recovery. His words will likely cause a spike in infections where distancing is working. That will further postpose the 14 days of decline his own guidance says is necessary to ease restrictions…. I hope someday we can look at today’s meltdown as something to be pitied, rather than condemned. But we don’t have that luxury today. There is too much at stake.”

Meanwhile, in a Friday call with Mike Pence, Senate Democrats questioned the vice president re: what the hell Trump is doing and if they can expect someone in the administration to sit him down and tell him to cut the shit. To which the answer was obviously no:

Senator Tim Kaine (D-Va.) pressed Pence on Trump’s Twitter feed at the end of the call, asking why the president was trying to incite division by tweeting “LIBERATE” Virginia, Minnesota and Michigan and aligning himself with protests in those states over their lockdowns. Pence said the administration is working with governors but that the president will continue to communicate with the American people as he always has.

So that’s something to look forward to.

If you would like to receive the Levin Report in your inbox daily, click here to subscribe.

Trump sends an additional half a billion dollars to states to fight COVID-19

No, just kidding. That money’s actually going to his completely useless wall, per the Daily Beast:

In the middle of a pandemic that has killed 27,000 Americans and counting, the Army this week gave a politically connected Montana firm half a billion dollars—not to manufacture ventilators or protective gear to fight the novel coronavirus, but to build 17 miles of President Trump’s southern border wall. On Tuesday, the Army Corps of Engineers announced it awarded BFBC, an affiliate of Barnard Construction, $569 million in contract modifications for building “17.17 miles” of the wall in two California locations, El Centro and San Diego. That works out to over $33 million per mile—steeply above the $20 million-per-mile average that the Trump administration is already doling out for the wall. Construction is supposed to be completed by the end of June 2021.

On the bright side, it’s not like the money is effectively being lit on fire except, oh wait, that’s exactly what it’s like:

Smugglers sawed into new sections of President Trump’s border wall 18 times in the San Diego area during a single one-month span late last year, according to U.S. Customs and Border Protection records obtained by the Washington Post via a Freedom of Information Act request…. The records do not indicate whether the one-month span last year is a representative sample of how frequently people are trying to breach new sections of Trump’s border barrier, which are made of tall steel bollards partially filled with concrete and rebar. The Post reported last November that smuggling crews armed with common battery-operated power tools—including reciprocating saws that retail for as little as $100 at home improvement stores—can cut through the bollards using inexpensive blades designed for slicing through metal and stone.

On Wednesday, a group of 66 representatives and 25 senators sent a letter to the administration calling for the halting of construction on the wall until the coronavirus crisis is tackled. “We should be using all resources and funding to combat this virus and protect Americans, instead of using critical funding and resources to continue the construction of a border wall,” the lawmakers wrote. “The construction of a wall puts workers, law enforcement personnel, and border residents in immediate danger.” Said letter will presumably be used as toilet paper in the West Wing washroom, but it was a valiant effort nevertheless.

. . . .

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

You can read the rest of the “Levin Report” at the above link.

James Downie
James Downie
Digital Opinions Editor
Washington Post

Meanwhile, over at the WashPost, James Downie weighs in on our spineless Veep:

https://www.washingtonpost.com/opinions/2020/04/19/even-trumps-best-lackey-cant-defend-him/

When Donald Trump chose Mike Pence as his running mate in 2016, the obvious political benefit was that Pence, a former governor and House member who is famously Christian, could boost evangelical and conservative turnout to help Republicans up and down the ballot. But for the egomaniacal Trump, Pence had another key qualification: “He says nice things about me.”

Since being named to the ticket, Pence has repeatedly put his obsequiousness on display: Few on Team Trump are better at deploying up-is-down reasoning to spin news to Trump’s benefit. But during the vice president’s appearances on NBC’s and Fox News’s Sunday morning talk shows, it was clear that even Pence could not bootlick his way out of the lurch the president’s actions leave the rest of us in.

On Friday, Trump spoke out in support of protests against stay-at-home orders imposed by Democratic governors in Minnesota, Michigan and Virginia. It’s disturbing enough that the president would undermine the fight against the pandemic. Worse was his provocative call on Twitter to “LIBERATE” those states — and, in Virginia’s case, “save your great 2nd Amendment” — which caught the attention of far-right extremists. Washington Gov. Jay Inslee (D) rightly observed Friday, “The president is fomenting domestic rebellion and spreading lies — even while his own administration says the virus is real.”

Protests with honking horns, anti-shutdown signs and angry Americans continued in Maryland, Texas and Wisconsin on April 18. (The Washington Post)

[Full coverage of the coronavirus pandemic]

Naturally, hosts on both NBC and Fox asked the vice president to explain the president’s comments. After all, as Fox host Chris Wallace pointed out, “they’re protesting your own guidelines to stop the spread.” On Fox, Pence focused on bragging about the White House coronavirus task force. When pressed, he assured viewers that “no one in America wants to reopen this country more than President Donald Trump” — a line he repeated on NBC. In both interviews, he then turned to touting guidelines that Trump issued Thursday for reopening states. Pence omitted that the guidance leaves key decisions up to governors, who Trump has said should call the shots on reopening. Both are in keeping with this president’s refusal to take responsibility for the pandemic crisis or a national response.

. . . .

The simple truth is that Pence dodged because the president’s actions were indefensible. But Pence can’t say that, both because the protests are being cheered by Fox News and like-minded outlets and because Pence wants to stay in the good graces of a president who values loyalty to him above all else. So long as conservative media and egomania mean more to the president than Americans’ lives, the rest of the country suffers.

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

Read the rest of Downie’s op-ed at the link.

Actually, Pence is the only person in the Trump regime that the Clown-in-Chief can’t arbitrarily remove from office for speaking truth. Sure, Trump can toss him off the ticket for November. But, there are other factors here:

    • In the best case scenario, it won’t make any difference because Biden will win;
    • Trump might still remove Pence from the ticket on a whim, no matter how much he sucks up;
    • At some point is being a coward/toady/apologist for the most corrupt President in U.S. history really worth sacrificing the health and welfare of our nation as well as your human dignity?

I guess for someone like Pence, toadyism has no limits. But, America needs and deserves better from its #2.

This November, vote like your life depends on it. Because it does! Throw the Clowns out!🤡

PWS

04-20-20

FORCED ENVIRONMENTAL MIGRATION: The Next Global Crisis Is Coming – Walls, Gulags, Weaponized Courts, & Institutionalized Cruelty Won’t Stop It! – “The benefits of accepting more migrants goes far beyond economics. Studies show that increasing immigration quotas improves both economic innovation and community resilience, proving that diversity and inclusion make the United States stronger.”

Rosemary Dent
Rosemary Dent
Author
International Policy
Digest

https://apple.news/AEhIK_rMuTuussVUz0LMm9w

 

Rosemary Dent writes for International Policy Digest:

“Pacific Island states do not need to be underwater before triggering human rights obligations to protect the right to life.” – Kate Schuetze, Pacific Researcher with Amnesty International

This is a quote in reference to a landmark human rights case brought to the UN Human Rights Committee (HRC) in February 2016. Ioane Teitiota of the island nation of Kiribati was originally refused asylum as a ‘climate refugee’ by New Zealand’s authorities and was subsequently deported. While the HRC did not rule this action unlawful, the committee did set a global precedent in recognizing the serious threat to the right to life that climate change poses on many communities globally. Furthermore, the HRC urged governments to consider the broader effects of climate change in future cases, essentially validating the concept of a ‘climate refugee’ outside the context of a natural disaster.

As the impacts of climate change become more severe and widespread, the United States must prepare for the resulting surge of human migration. Climate scientists are currently predicting that both primary and secondary impacts of climate change will collectively produce 140–200 million climate refugees by 2050. This sharp increase, if mismanaged, would likely overwhelm refugee processing systems, flood points of entry to the United States and strain both society and the economy. In order to protect the United States from these potential shocks, the government must begin to prepare the appropriate infrastructure, processes, and funding for integrating climate refugees into the population. As the coronavirus ravages the country, it is highlighting many of the systemic failures that occur when the government is not adequately prepared or pro-active.

In 1990, the International Panel on Climate Change (IPCC) recognized human migration as the biggest impact of climate change. The IPCC predicted that primary impacts like shoreline erosion, coastal flooding, and agricultural disruptions would create massive disruptions to the livelihoods of millions. The resulting secondary impacts relate to the effects on society globally; such as political unrest, food insecurity, and mass migrations. As four out of five refugees flee on foot to nations bordering their home country, most human migration is localized to areas affected by conflict. However, as climate change affects communities globally, the flows of refugees will no longer be concentrated to conflict zones and their surrounding nations, bringing the issue to U.S. borders. The sheer scale of migration that the IPCC is predicting renders any previous methods of dealing with refugees unsuitable for this impending crisis.

In terms of physical processing capacity, the United States is currently severely unprepared. Presently, it takes between eighteen to twenty-four months for a refugee to be screened and vetted before being approved to be resettled. This process involves in-person interviews, ongoing vetting by various intelligence agencies, health screening, and application reviews. These are all important and necessary steps to take in order to safeguard domestic security and safety of American citizens. However, expanding the capacity of these processes is necessary to prevent overwhelmed systems and employees, as it can result in errors or oversights. The administration must begin to work with sector experts and employees to determine the most efficient and effective way to expand these services.

These initial consultations are a necessary first step to creating a cohesive plan of action for the imminent refugee crisis. It would be irresponsible to simply increase the refugee intake limit without first establishing an effective process, as this would generate fragmented and disjointed state-level responses. A unified federal approach to intake climate refugees will standardize the procedure for smooth resettlement and promote economic growth.

Ensuring a legal framework is in place, with clear and inclusive classifications and resettlement plans will allow migrants to fully participate and enrich society. Unpreparedness will strain the U.S. economy, systems and society. According to the Organisation for Economic Co-operation and Development (OECD), admitting migrants is beneficial for a domestic economy because they add human capital and boost the working-age population. The United States has an aging population, as people over the age of sixty-five are projected to outnumber children in the United States population by 2030. If this gap continues to grow, it will cause the number of dependent individuals to be greater than those contributing to the economy. Accepting more migrants into the United States can alleviate this problem, provided that sufficient processing and resettlement programs exist to direct migrants into the workforce effectively.

The benefits of accepting more migrants goes far beyond economics. Studies show that increasing immigration quotas improves both economic innovation and community resilience, proving that diversity and inclusion make the United States stronger. In view of the abundant challenges ahead for the United States, as highlighted by the current pandemic, uniting communities and reinforcing the economy to maintain employment levels will be key to survival. As a global leader in developing methods for climate change adaptation, the United States must be prepared to take these first steps.

 

 

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

Needless to say, we’re not going to get the necessary enlightened humanitarian leadership and careful expert planning necessary to deal with such a global crisis from the Trump kakistocracy. That’s why regime change in November is essential for both the future of our nation and the future of our world.

 

Due Process Forever! Kakistocracy Never!

 

PWS

 

04-20-20

 

BLOWING THE BASICS: THE CONTINUING UGLINESS OF THE BIA’S FAILURE OF LEGAL EXPERTISE, JUDICIAL INDEPENDENCE, AND DECISIONAL INTEGRITY IS A “LICENSE TO KILL” MOST VULNERABLE AMONG US  ☠️⚰️😰👎 —  3rd Cir. Says BIA Gets PSG Test Wrong, Fails To Apply Binding CAT Precedent, Distorts Facts to Engineer Wrongful Denial of Protection – “[W]e are troubled by the BIA’s apparent distortion of evidence favorable to Guzman in this case.” – Guzman Orellana v. Attorney General***

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowakski reports from LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca3-on-asylum-social-group-el-salvador-guzman-orellana-v-barr

 

CA3 on Asylum, Social Group, El Salvador: Guzman Orellana v. Barr

Guzman Orellana v. Barr

“We must now decide three issues: (1) whether persons who publicly provide assistance to law enforcement against major Salvadoran gangs constitute a cognizable particular social group for purposes of asylum and withholding of removal under the INA, (2) whether Guzman has established that he suffered past persecution on account of anti-gang political opinion imputed to him, and (3) whether the BIA correctly applied the framework we enunciated in Myrie v. Attorney General1 in denying Guzman relief under the CAT. For the reasons that follow, we hold that persons who publicly provide assistance against major Salvadoran gangs do constitute a particular social group, that Guzman has failed to meet his burden to show that imputed anti-gang political opinion was a central reason for the treatment he received, and that the BIA erred in its application of Myrie to Guzman’s application. Accordingly, we will vacate the BIA’s decision and remand this case for further proceedings on Guzman’s petition for relief from removal.”

[Hats off to J. Wesley Earnhardt Troy C. Homesley, III Brian Maida (ARGUED) Cravath, Swaine & Moore!]

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

*** I believe that the Third Circuit uses “Attorney General” rather than the name of the particular Attorney General in their immigration citation.

Before: RESTREPO, ROTH and FISHER, Circuit Judges. Opinion by Judge Roth.

Distortion of evidence and law happens all the time in this dysfunctional system now operated to deny basic due process and fundamental fairness to endangered individuals. Frankly, the Judges of the Third Circuit and other Courts of Appeals should be more than just “troubled” by the BIA’s legal incompetence and anti-immigrant decision-making. This isn’t just some “academic exercise.” The lives of innocent individuals are being put at risk by the ongoing fraud at EOIR under Barr!

This one-sided politically and prosecutorially-dominated charade of a “court system” is clearly unconstitutional under the Due Process Clause of the Fifth Amendment to our Constitution. Not everyone has the ability to appeal to the Circuit Courts and be fortunate enough to get a panel that actually looks critically at the case, rather than just “rubber stamping” the BIA’s decisions or giving them “undue deference” like all too many Article III Judges do. Most asylum seekers aren’t represented by Cravath, Swaine & Moore, one of America’s top law firms.

Indeed, many asylum applicants are forced by the Government to proceed without any counsel and don’t have the foggiest notion of what’s happening in Immigration Court. How would an unrepresented individual or a child challenge the Immigration Judge’s or the BIA’s misapplication of the “three-part test” for “particular social group?” How would they go about raising failure to apply the applicable Circuit precedent in Myrie v. Attorney General?

Even with the best representation, as was present in this case, under pressure from political bosses like Sessions, Whitaker, and Barr, Immigration Judges and BIA Appellate Judges constantly look for “reasons to deny” relief even where the case clearly has merit, as this one does! If against these odds, the respondent “wins,” or achieves something other than an outright “loss,” Barr can merely reach in and change the result to favor DHS Enforcement.

More outrageously, he can make that improper and unethical decision a so-called “precedent” for other cases. How totally unfair can a system get?  Is there any other “court system” in America where the prosecutor or the opposing party gets to select the judges, evaluate their performance under criteria that allow for no public input whatsoever, and then change results at both the trial and appellate level? How is this consistent with Due Process or basic judicial ethics, both of which require a “fair, impartial, and unbiased decision-maker.” In the “real world,” the mere “appearance” of impropriety or bias is enough to disqualify a judge from acting. Here “actual (not apparent) bias” is institutionalized and actively promoted!

The ongoing legal, ethical, and Constitutional problems at EOIR are quite obvious. For the Article III Courts to merely “tisk tisk” without requiring that immigration adjudications comply with basic Constitutional, statutory, and ethical requirements is a disservice to the public that continues to demean and undermine the role of the Article III Courts as an independent judiciary.

Due Process Forever! Captive Courts & Complicit Judges, Never!

PWS

04-18-20

 

 

 

CATHERINE RAMPELL @ WASHPOST:  “Dreamers” Are In The Front Lines Of Essential Workers — Why Is The Regime Persecuting Them? 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/the-dreamers-are-an-essential-part-of-our-covid-19-response/2020/04/16/9514d2e0-8022-11ea-9040-68981f488eed_story.html

Catherine writes:

NEW YORK — Dr. P. has to be reminded to take breaks during her 12-hour emergency-room shifts — to drink water so she doesn’t get dehydrated; to go to the bathroom; even just to breathe for a few minutes alone, unencumbered by layers of sweaty, suffocating personal protective equipment.

It can be hard to remember to pause because there’s too much to do. Too many patients, everywhere, wheezing and gasping for air. Even before the ER was overwhelmed, she had been reluctant to step away. In mid-March, as patients were surging into emergency departments, she requested to cancel some scheduled time off.

“I asked to keep working, rather than just sit at home and do nothing,” she said. “It’s a helpless feeling sitting at home, knowing that things are getting worse at the hospital.”

But if the Supreme Court lets the Trump administration have its way, she might have to stop her lifesaving work, permanently.

[[Full coverage of the coronavirus pandemic]]

P. is a “dreamer,” one of the 825,000  unauthorized immigrants brought to the United States as children who have received protection under the Deferred Action for Childhood Arrivals program. (I’m using only her last initial because she fears attracting attention to her family, which is still undocumented.)

DACA, created by the Obama administration in 2012, shields these young immigrants from deportation and allows them to work. An estimated 29,000 are health-care workers like P. and on the front lines of the coronavirus pandemic.

After the Trump administration announced in 2017 that it planned to terminate the program, one of the more prescient outcries came from the medical community. In a Supreme Court filing, a consortium of medical colleges and aligned groups warned that the industry depends heavily on not just immigrant workers but specifically on DACA recipients, and that ending DACA would weaken the country’s ability to respond to the next pandemic.

[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]

For now, those who had DACA protections before the legal battles began are able to continue renewing them while the courts deliberate. For people such as P. — and the patients who rely on her care — this has been a godsend, if an imperfect one given her career choice.

The education and training required to become a doctor are an exceptionally long undertaking, and DACA offers only two years of protections before renewal is required (though it was never guaranteed). There was always a chance she might not be able to actually practice medicine after years of schooling and taking on hundreds of thousands of dollars in student debt.

Still, P. committed herself to finding a way to become a doctor. She applied for and received DACA status, completed college (in three years, to save money) and persuaded a highly ranked medical school to give its first-ever slot to a dreamer.

She’s in her first year of residency in emergency medicine. Each day, after she takes off her protective gear and attempts to wash off both “the virus and the fear,” she goes home and worries about whether she will be allowed to complete her residency. Losing DACA would mean losing her ability to repay her loans, treat desperate patients, even stay in the only country she has ever known. She’s been here since age 2.

She’s on edge, waiting for the Supreme Court to decide whether the way the Trump administration ended DACA was lawful. Tremendous uncertainty surrounds the range of possible outcomes, from no changes at all to every DACA recipient losing protections immediately. In oral arguments last fall, Chief Justice John G. Roberts Jr. suggested terminating DACA would result in dreamers losing their work authorization but that deportation was not at issue; Trump administration officials have since made clear they are, in fact, reopening removal proceedings.

. . . .

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

Read the forested of Catherine’s article at the link.

The lower Federal Courts unanimously did the right thing here by protecting the Dreamers from irrational Executive overreach based on an invidious racially-tainted White Nationalist agenda and a transparently bogus legal rationale. There was no reason for the Supremes to even take the case. Dismissing the Government’s poorly reasoned, bad faith case against the Dreamers should be a “no brainer” for the Supremes. The lower court decisions provide numerous solid reasons for doing so.

Nevertheless, to date, J.R. and his GOP colleagues have yet to find a White Nationalist immigration policy by the Trump regime that they didn’t “greenlight.” If, as expected, they do it again here, the results for both America and the Dreamers will be horrendous. 

Due Process Forever!

PWS

04-17-20

CLOWN-IN-CHIEF’S ATTEMPTS TO SHIFT BLAME & ATTENTION FROM HIS OWN ABSURDIST SPECTACLE MAKE A BAD SITUATION MUCH WORSE! — The WHO’s Flawed Response to COVID-19 Was Still Better Than His! — “Captain Clown” “propounds powerful gibberish, [as] the mutiny builds.” 🤡☠️⚰️🤡☠️⚰️🆘

Trump Clown
Donald J. Trump
Clown in Chief

https://www.washingtonpost.com/opinions/2020/04/15/trumps-ugly-new-blame-shifting-scam-spotlights-his-own-failures/

Greg Sargent writes in the WashPost:

President Trump is spinning his new decision to suspend funding to the World Health Organization as an act of decisive leadership — one that showcases his devotion to effective crisis management, to gathering good empirical information, and to holding people accountable for leadership failures that had catastrophic human consequences.

In just about every conceivable way, this is the opposite of the truth.

In making this new move, Trump is inviting us to review the basic timeline of events. And it demonstrates that the WHO, for all its initial failures, was still far ahead of Trump in embracing the need for a comprehensive response to coronavirus.

The timeline also once again illustrates Trump’s epic failures in that regard, and reveals the degree to which Trump is now relying on transparently ridiculous scapegoating to erase his own central role in this catastrophe.

[Full coverage of the coronavirus pandemic]

In announcing an end to funding for the WHO, Trump claimed the organization was complicit in China’s early coverup of the outbreak’s severity there. He insisted the WHO “pushed China’s misinformation,” and ripped WHO for “severely mismanaging and covering up the spread.”

Trump also claimed that if not for WHO, “the outbreak could have been contained at its source with very little death.” He lamented that the U.S. can’t rely on WHO for “accurate, timely and independent information to make important public health recommendations and decisions.”

For Trump to position himself in this manner as a spokesperson for crisis management, empiricism and accountability would be positively comical, if the stakes weren’t so monumentally dangerous.

The WHO’s initial mistakes were real, and many critics beyond Trump have pointed to them. The organization was too trusting of China’s early obfuscations about coronavirus, and failed to aggressively push China to be more transparent. The WHO also arguably was too slow to declare a global public health emergency.

But cutting off funding as a punishment is counterproductive and deeply absurd. Indeed, even if you accept that the WHO committed serious errors, the timeline is still far more damning to Trump, by the terms that he himself has set through his criticism of the organization.

The timeline is far more damning to Trump

By Jan. 23, the WHO was already warning that coronavirus could “appear in any country,” and urged all countries to be “prepared for containment” and get ready to exercise “isolation” and “prevention” measures against its spread.

At around the same time, on Jan. 22, Trump was asked point-blank whether he worried about coronavirus’s spread, and he answered: “No, not at all,” insisting it was just “one person coming from China” and that “we have it totally under control.”

And on Jan. 24, Trump hailed China’s “effort” against coronavirus and its “transparency” about it, predicting that “it will all work out well.”

So Trump showed less concern about its spread in countries outside China — including in our own — than the WHO did.

On Jan. 30, the WHO declared coronavirus a global public health emergency. While WHO was still too credulous toward China’s response, WHO also warned that all countries must review “preparedness plans” and take seriously what was coming.

By contrast, on Jan. 30, Trump was directly warned by his Health and Human Services secretary of the threat coronavirus posed. Trump dismissed this as “alarmist.”

And on Feb. 2, Trump boasted to Sean Hannity: “We pretty much shut it down, coming in from China.” He hailed our “tremendous relationship” with that country. Trump continued praising China’s handling of coronavirus all through the entire month of February.

So at the very least, Trump showed precisely the same credulity about China that Trump is now faulting the WHO for showing, but without appreciating the urgency of the international threat coronavirus posed to the degree that the WHO did.

As MSNBC’s Ari Melber aptly put it, these attacks on the WHO are “only calling attention to the fact that the WHO was ahead of President Trump.”

. . . .

Trump is attacking the WHO right now so we’ll talk about the WHO’s shortcomings, and not his own role in this catastrophe. But this blame-shifting utter nonsense, and no one should grant it the slightest shred of credibility.

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

At the link, read Greg’s complete article which also dismembers Trump’s bogus claim that his “Chinese travel ban” had a major impact on deterring the spread of the pandemic. 

So, here’s what really appears to be happening as America’s national government disintegrates under Trump’s malicious incompetence. America is breaking up into a number of “Regional Federated States” which have banded together for mutual assistance under decisive governors, largely, but not exclusively Democrats. We already have one on the West Coast and one in the Northeast. I’d look for the governors of Virginia and Maryland and the Mayor of DC to perhaps form a “DMV Region” to manage the pandemic and the recovery.

That covers about 1/3 of the U.S. population and much of the economic and tax base. The rest of the states will have to limp along as best they can with governors largely in charge and trying to get as much help as they can from the sinking Federal ship by going around Trump and dealing with Pence, Fauci, and Birx. Everyone also counts on some help from the Fed, which isn’t immune from Trump’s blustering nonsensical attacks, but is largely beyond his control and therefore free of his blundering ineptness. 

There’s likely to be very bad news for the health and safety of those in states whose GOP governors have proved to be as inept and willfully blind as Trump and the rest of his kakistocracy. South Dakota is a prime example of what happens under a clueless GOP Governor.

Notably, most of the initial victims in South Dakota were Latinos working in the supposedly “essential” meat packing industry under conditions that clearly violated best health practices. The Governor claims that the plant would have remained open even under a “Stay at Home” order. Now, however, workers are sick and all those plants are closed anyway. The worst possible result. So, we’ll see how “essential” they really were. Perhaps if everybody had stayed home, the disease wouldn’t have spread and the plants could have reopened on a more limited basis with proper social distancing and protective equipment. And, if workers are really “essential,” why aren’t we looking out for their health, safety, and income protection?

Internationally, world leaders have long ago learned that Trump is incapable of leadership and that under him the U.S. is no longer a trustworthy or reliable partner. Nothing in Trump’s inept handling of the Pandemic in the U.S., his pathetic attempts to shift the blame elsewhere, and his incredibly stupid decision to stop funding the WHO would convince them otherwise. 

Sure, like the drunken bully/oaf in the bar, the “Trumped-up U.S.” throws its weight around in unpredictable ways and is too big to be ignored or easily removed from the premises. So, world leaders have figured out how to move on without the U.S. and hope to largely avoid the irrational acts of petty vengeance and retribution for which he is famous. 

Not a pretty picture. But, it will be even worse if we don’t remove Trump and the GOP from power in November.

Dana Milbank had a “spot on” assessment of “Captain Clown” 🤡 in today’s Post:

. . . .

Like Bligh, he is abusive. Unlike Bligh, he is a poor navigator. The Trump-as-errant-captain theme has been explored, delightfully, by novelist Dave Eggers in his recent allegory, “The Captain and the Glory”:

“He nudged the wheel a bit left, and the entire ship listed leftward, which was both frightening and thrilling. He turned the wheel to the right, and the totality of the ship, and its uncountable passengers and their possessions, all were sent rightward. In the cafeteria, where the passengers were eating lunch, a thousand plates and glasses shattered. An elderly man was thrown from his chair, struck his head on the dessert cart and died later that night. High above, the Captain was elated by the riveting drama caused by the surprises of his steering.”

So it is with our captain, who claims absolute authority but takes no responsibility. He announces he’s cutting off funding to the World Health Organization in the middle of the pandemic. He condemns the WHO for praising China’s transparency, even though he said in January he “greatly appreciates [China’s] efforts and transparency.” His conflicting messages about reopening the economy throw the country into confusion. He assembles so many coronavirus task forces that he will need another to keep track of them all. And after his long delayed and botched virus response, even now the number of tests in U.S. commercial labs is falling.

At Wednesday evening’s session, Trump turned the tiller randomly. After proclaiming the United States has “passed the peak” of the virus, he swerved into complaints about “partisan obstruction” holding up his nominees and threatened the never-before-tested “constitutional authority to adjourn both houses of Congress,” which would provoke another crisis in the middle of the pandemic.

He veered into complaints about the “disgusting”Voice of Americaand the “impeachment hoax.”He lurched into attacks on the World Trade Organization , various Democrats and governors generally, asserting that “we have the right to do whatever we want.”He accused the WHO of a conspiracy to hide the virusand boasted about his name going on government-issued relief checks: “People will be very happy to get a big fat beautiful check, and my name is on it.”

The ship has become accustomed to such unpredictable steering: He touts a virus treatment that so far shows more alarming side effects than efficacy. He announces virus-testing schemes that don’t exist. He talks about pardoning Joe Exotic. He blames everybody except his own administration, which is doing things very, very strongly and powerfully. “The Defense Production Act was used very powerfully, more powerfully than anybody would know, in fact, so powerfully that, for the most part, we didn’t have to officially take it out,” he proclaims.

[[The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.]]

As the captain propounds powerful gibberish, the mutiny builds. Regional blocs make their own pandemic-recovery plans. Allies condemn his assault on the WHO. Republican Sen. Susan Collins (Maine) tells Politico that Trump has been “very uneven.” Even Trump-friendly outlets such as Fox News and the Wall Street Journal editorial page offer some criticism.

“WSJ is Fake News!” shouts the captain.

“What the hell is happening to @FoxNews?”

What’s happening, captain, is you’ve hit the rocks.

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

Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

Read Dana’s full op-ed here:

https://www.washingtonpost.com/opinions/captain-trump-hits-the-rocks/2020/04/15/e7643c32-7f57-11ea-9040-68981f488eed_story.html

End the Clown Show! 🤡🤡  This November, vote like your life depends on it! Because it does!

PWS

04-17-20

   

US EXPORTS CORONAVIRUS TO GUATEMALA — Trump Regime Doubles Down on Failed Deportation Policies With Predictably Deadly Results!

Patrick J. McDonnell
Patrick J. McDonnell
Mexico City Bureau Chief
LA Times
Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Cindy Carcamo
Cindy Carcamo
Immigration Reporter
LA Times

 

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=b6dd1a0e-d915-4eca-b571-2200996d1e04&v=sdk

Patrick J. McDonnell, Molly O’Toole and Cindy Carcamo report for the LA Times:

MEXICO CITY — More than half the deportees flown back to Guatemala by U.S. immigration authorities have tested positive for coronavirus, the top Guatemalan health official said Tuesday.

Speaking to reporters in Guatemala City, Hugo Monroy, the minister of health, did not specify a time frame or the total number of deportees who had arrived home with infections.

But hundreds of Guatemalans have been returned in recent weeks, including 182 who arrived Monday on two flights from Texas.

Monroy said that on one flight — which he declined to identify — more than 75% of the deportees tested positive.

But he made clear this was not an isolated incident and said many deportees arrived with fevers and coughs and were immediately tested.

“We’re not just talking about one flight,” he said. “We’re talking about all the flights.”

In video later released by the government, Monroy contradicted his earlier statements and said he was referring to just one flight.

The Guatemalan Foreign Ministry said through a spokesman Tuesday that the “official” number of deportees diagnosed with COVID-19 is four, including one who arrived on one of the flights Monday.

A high number of infections among deportees would cast doubt on the official tally of how many of the more than 33,000 migrants in U.S. detention are infected. U.S. immigration officials have said that 77 have tested positive, noting that some of those may no longer be in custody.

The U.S. Department of Homeland Security did not respond to requests for comment.

. . . .

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

Read the rest of the article at the link.

For four decades, the U.S. has been deporting its problems to the poorest and most unstable countries in Central America. Gangs such as MS-13 and the 18th Street Gang actually originated in Los Angeles and were “exported” to Central America. Once there, they flourished, grew more powerful, became “de facto governments” in some areas, and instituted a reign of terror and persecution that sent hundreds of thousands of new refugees fleeing north to the United States over the years.

Now, Trump and his cronies once again believe that often illegal and irresponsible deportations to the Northern Triangle countries will allow us to escape accountability. But, it won’t. 

Irresponsibly spreading disease in poor countries where public health services are dismal at best will eventually have consequences throughout the Americas. And, we will not be immune from the long-term effects of empowering the Trump kakistocracy and its White Nationalist cronies. What goes around come around. Neither wealth nor arrogant ignorance will save us from paying a price for our lack of concern for humanity.

Due Process Forever! Malicious Incompetence Never!

PWS

04-15-20   

TIME TO RECOGNIZE THE TRUTH: UNDOCUMENTED RESIDENTS ARE KEY TO OUR SOCIETY, OUR RECOVERY, & OUR FUTURE — They Must Be Included In Coronavirus Relief, Says León Krauze @ WashPost:  “Undocumented immigrants are productive members of society who deserve all the care afforded to others.“

Leon Krauze
Leon Krauze
Journalist, Author, Educator

https://www.washingtonpost.com/opinions/2020/04/13/undocumented-immigrants-essential-us-economy-deserve-federal-help-too/

Krauze writes in the WashPost:

The novel coronavirus has been particularly harsh on immigrants. After facing years of harassment and persecution from the Trump administration, the 11 million undocumented immigrants living in the United States have now been left unprotected, unable to receive aid from the government’s historic stimulus package, even though they pay billions of dollars in taxes every year

Local and state officials, especially those in immigrant-friendly states such as California, are scrambling to find a way to help their undocumented communities, but it might not be enough. Without appropriate federal support, prompt access to more effective unemployment benefits or paid sick leave for those in need, many communities could be devastated. Left with the agonizing decision of going to work in the midst of a pandemic that requires strict limits on public movement or see their livelihood disappear, many undocumented people are already risking their health.

[Full coverage of the coronavirus pandemic]

This is a travesty. Undocumented immigrants are productive members of society who deserve all the care afforded to others.Even this administration has deemed workers who harvest and process the country’s food supply as essential, asking them to keep their “normal work schedule” during the crisis. “It’s like suddenly they realized we are here contributing,” Nancy Silva, an immigrant from Mexico who works in the fields of Southern California, told the New York Times. “Contributing” is an understatement. The immigrant workforce is critical for a significant number of industries in the United States.

In June, I interviewed John Rosenow, a Wisconsin dairy farmer who has relied on Mexican immigrants for years. “Our industry doesn’t exist without immigrant labor,” he told me. “Eighty percent of the milk in Wisconsin is harvested by immigrants. If you took the immigrants away, way over half of the farms would go out of business.” Wisconsin’s dairy industry is not alone in its dependence on immigrant labor. Indeed, almost 20 percent of food processing workers and more than 36 percent of agricultural workers are undocumented. The health-care industry relies heavily on immigrants as well,as do the country’s construction and service businesses.

. . . .

Martínez worries that a protracted economic crisis could worsen the nativist backlash against immigration. “If things continue this way,” he said, “we could see further restrictions on work or entrepreneur visas, no matter the obvious contributions we all make to the economy.”

The United States will be worse for it, both morally and economically.

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

Read the complete op-ed at the link.

The well-being of the United States as a whole has never been a part of the Trump agenda. Nor is it for the White Nationalist restrictionists who promote his immigration agenda. Their agenda is based largely on racist myths and preconceived false narratives about the dangers of the “other.” 

But, in any emergency creating an economic downturn there will be a race to find “scapegoats.” Indeed, essentially “caught red-handed and in full view in failure,” Trump is desperately looking to shift the blame elsewhere for his Administration’s poor initial response and lack of planning. “With great power comes no responsibility” could be his motto. 

The nativists are already toting out their shopworn arguments that the pandemic should be an excuse and justification for yet harsher and more restrictive immigration measures. The rest of us need to fight back against their counterproductive nonsense.

PWS

04-14-20

“BEYOND REASONABLE DOUBT” —  Michael Gerson @ WashPost Says Evidence Proves Trump’s “Deadly Negligence” In Face of Pandemic!

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/04/13/trumps-deadly-negligence-is-now-demonstrated-beyond-reasonable-doubt/

Michael Gerson writes in the WashPost:

Those who complain about the media’s relentless focus on President Trump during a pandemic have yet to internalize the horrendous reality of his pandemic response: Trump’s failures of leadership and character have increased the death toll and continue to threaten lives.

For me, that is a difficult sentence to write. Having spent time in the executive branch, I realize how complicated presidential decisions can be. America’s chief executives are often forced to make momentous choices, based on scant information, under the pressure of a ticking clock. It is easier to attack such decisions than to make them.

But the fact of Trump’s deadly negligence is now demonstrated beyond reasonable doubt. Detailed investigative articles in The Post and New York Times have established that there were six weeks of denial and dithering between a credible warning about the virus and decisive action by the president. It is now evident that Trump:

• ignored early intelligence reports of a possible pandemic;
• delayed the ramp up of practical preparations;
• was often more focused on political considerations, on the news cycle and on stock market performance than on epidemiological reality;
• deceptively played down what he knew to be a rising threat;
• coddled China when it should have been confronted;
• instinctively distrusted experts and seemed unable to absorb simple information and sound advice;
• lashed out at aides who took the crisis seriously;
• shifted reluctantly and belatedly from a strategy of containment to mitigation;
• is strangely obsessed with unproven treatments for the novel coronavirus; and
• has systemically lied about the promptness of his own response.

These accounts reveal a White House staffed by incompetent loyalists, distracted by turnover and riven by feuds. A White House carefully pruned and shaped to resemble the chaos in Trump’s mind.

[Full coverage of the coronavirus pandemic]

I urge you to read the articles themselves. In this case, it is a duty of informed citizenship. Americans need to understand the epic smallness of our president in times that demanded something more.

The tension between National Institute of Allergy and Infectious Diseases director Anthony S. Fauci and President Trump has been simmering for weeks. (Monica Akhtar/The Washington Post)

All this is bad enough. But our interest, unfortunately, should not be merely forensic. Trump draws bitterness and resentment out of his experience of the world. He does not draw lessons or wisdom. And he remains just as dangerous to public health on the back side of the curve as he was on the front.

. . . .

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

Read the complete op-ed at the link.

“Deadly negligence,” “ malicious incompetence,” “criminal recklessness” — call it what you will, there is more than ample proof that Trump is unqualified in every imaginable way for the office he holds.

Of course, Trump will remain a danger to our national health, safety, and welfare. He has neither the capacity for nor interest in anything beyond himself.

PWS

04-14-20

INSPIRING NEWS FROM THE NDPA: LATEST FIFTH CIRCUIT DECISION SHOWS WHY TODAY’S BIA NOT ENTITLED TO “DEFERENCE” AS AN “EXPERT TRIBUNAL” — Read Professor Geoffrey Hoffman’s Outstanding Analysis of Latest Rap on BIA’s Skewed Jurisprudence — Inestroza-Antonelli v. Barr — @ ImmigrationProf Blog

nhttps://lawprofessors.typepad.com/immigration/2020/04/geoffrey-hoffman-a-stunning-fifth-circuit-asylum-decision-an-analysis-of-inestroza-antonelli-v-barr.html

Professor Geoffrey Hoffman
Professor Geoffrey Hoffman
Immigraton Clinic Director
University of Houston Law Center

Geoffrey writeS in ImmigrationProf Blog.

pastedGraphic.png

A Stunning Fifth Circuit Asylum Decision: An Analysis of Inestroza-Antonelli v. Barr  by Geoffrey Hoffman, Clinical Professor, University of Houston Law Center

I was moved this morning to write about a recent decision from the Fifth Circuit. This is an insightful and sensitive decision from the 2-person panel’s majority, Judges Dennis and King, with Judge Jones dissenting. The April 9th decision is Inestroza-Antonelli v. Barr.

In the very first paragraph, the essence of the decision is announced: “Without addressing the coup, the BIA found that any change in gender based violence was incremental or incidental and not material. Because this conclusion is not supported by the record, we grant the petition and remand.” Id. at 1.

Procedurally, the case involved an in absentia order of removal from 2005. In 2017, the petitioner moved to reopen proceedings outside the 90-day deadline for such motions based on a change in country conditions in Honduras. The petitioner argued that in Honduras since the time of her original removal order there had been “a 263.4 percent increase in violence against women since 2005.” She submitted a trove of documents to support her motion. The Immigration Judge, and Board on appeal denied her motion to reopen.

As recounted in the panel’s decision, there had been a military coup in Honduras in 2009. Specifically, there were several principal changes in the country as a result: “(1) the Gender Unit of the Honduran National Police, established between 2004 and 2005, has been restricted in its operations, and access to the Unit is now limited or nonexistent; (2) the power of the Municipal Offices for Women to address domestic violence has been severely diluted, and officials have been removed from their positions for responding to women’s needs, especially those related to domestic violence; (3) institutional actors have targeted women for violence, including sexual violence, and threatened the legal status of over 5,000 nongovernmental women’s, feminist, and human rights organizations that have opposed the post-coup government’s policies; (4) the rate of homicides of women more than doubled in the year after the coup and has continued to steadily increase, ultimately becoming the second highest cause of death for women of reproductive age; and (5) in 2014, the status of the National Institute for Women was downgraded and other resources for female victims of violence were eliminated….”

The crux of the Immigration Judge’s decision in denying her motion to reopen was that the violence suffered by women in Honduras is an “ongoing problem” and the increase allegedly did not represent a “change in country conditions.” The Board, in its decision, did not even mention the coup, finding instead that the IJ had not  clearly erred” because the evidence reflected only an “incremental or incidental,” rather than a “material” change in country conditions.

I would like to point out several noteworthy and instructive aspects of this excellent decision.

First, in analyzing her claim, the Fifth Circuit’s majority noted, as is usual, that the government had introduced “no conflicting evidence.” Indeed, they did not introduce any evidence of country conditions in Honduras at all. Instead, on appeal they “cherry-pick[ed]” excerpts from the evidence introduced by the petitioner. Most typically, the relied on a 2014 Department of State report describing the availability of “domestic violence shelters and municipal women’s offices.”

This first point is important because it accurately describes what is typical of these asylum proceedings. The government often relies on little beyond the State report, and introduces no other evidence of its own. The result sometimes leads to tortured arguments on appeal, nitpicking before the Board, or unfair conclusions before the immigration judge.

It is frustrating sometimes when we litigate these cases and we see parties attempt to shoehorn their conclusions into preconceived molds. This selective reasoning should be called out more often. Many times when confronted with a record that contains a treasure trove of material that is largely favorable to the immigrant, the government is at a loss about how to respond on appeal. Instead of agreeing to a remand, they are faced with defending a sparse record with support for their position. As such, they have to (assuming they do not agree to a remand) cull through the record to find anything to shore up the precarious reasoning in the administrative decisions below.

Second, the majority rejects reliance on a prior case where a petitioner had not presented sufficient evidence of changed country conditions. As astutely pointed out by the majority, it makes no sense to hold that the current petitioner is unable to meet her evidentiary burden merely because a prior petitioner had failed to do so. In the words of the majority, “to hold that Inestroza-Antonelli is precluded from proving that conditions changed as a factual matter during this period simply because a previous petitioner failed to do so would violate the ‘basic premise of preclusion’—i.e., ‘that parties to a prior action are bound and nonparties are not bound.’ Id. at 7 (citing 18A Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper, Federal Practice and Procedure § 4449 (3d ed. 2019)). It is refreshing to see a panel rely on the famous federal practice and procedure treatise.

Third, the decision does a wonderful job of elucidating the “substantial evidence” standard, which is used so often against the immigrant-petitioner. Here, the majority explains that this standard does not mean that the Court of Appeals reviews the BIA decision to determine whether “there theoretically could have been some unevidenced occurrence that would make its findings correct.” Id. at 5 (emphasis added). Instead, the “substantial evidence” standard just means what it says: whether a party has produced substantial evidence in support of their position. Here, the government – as noted – provided no evidence against the petitioner’s position. In fact, the record “compels” the conclusion that conditions have “significantly changed,” according to the majority.

Fourth, the decision takes to task the BIA’s lack of analysis in its decision, specifically the failure on the part of the agency even to mention the “coup” in Honduras. Instead, there was nothing but a conclusory statement that the Board had “considered [the petitioner’s] arguments.” We have seen, for example, other courts of appeals such as the Seventh Circuit, take to task the BIA in recent months. See Baez-Sanchez v. Barr (7th Cir. 2020) (Easterbrook, J.) .  It is a very good sign that circuit courts are making searching inquiries, demanding compliance from the Board and EOIR, and not engaging in mere cursory review.

There was a frustration shown in that, as they noted, the Board evidenced a “complete failure” to address the “uncontroverted evidence” of a clear significant “turning point” in Honduras’ history. The majority characterized this failure as an abuse of discretion by the BIA. On a separate point concerning the Board’s rejection of an argument about her abusive husband’s return to Honduras in 2009, as a changed in country conditions, the majority stopped short of calling that argument’s rejection an “abuse of discretion.” In a footnote, the majority noted several sister circuits that agreed that such a change should be characterized as a change in “personal circumstances.”

The most notable thing about the panel’s 2-1 decision besides its well thought-out reasoning is the lack of any discussion involving Matter of A-B-, 27 I & N Dec. 316 (A.G. 2018), anywhere in either the majority’s or dissent’s decisions. Arguably, A-B- is related and has been used (routinely) by the government to argue against relief for women who are similarly situated. Because this case turned on a denial of a motion to reopen in 2017, and there was no Attorney General’s decision until 2018, there was no occasion for the IJ and, later, the BIA rely on the AG’s A-B- decision. To the extent that AG Sessions in A-B- did not rule out all gender-based violence claims, the more important take away here is this: Matter of A-B- can be overcome and is no prohibition on relief, despite what a number of judges and BIA members may believe, so long as the petitioner can produce substantial evidence in support of his or her claims, as the petitioner did so well here. (Note, since this decision relates to a motion to reopen, the case will now be remanded to the BIA and IJ and the petitioner’s fight will continue on remand.)

Judge Edith Jones in her dissent, while never relying outright on A-B-, still takes affront at the perceived failure to “defer” to the BIA. In a telling passage, she states: “The majority has failed to defer to the BIA, which, hearing no doubt hundreds (or thousands) of cases from Honduras, must be far more familiar with country conditions than judges working from our isolated perch . . . . .” This is a scary position. While it is true the BIA has heard thousands of cases from Honduras, this cannot and should not form the basis for any rationale to blindly “defer” to the Board.

This type of deference and the attempted “rubber-stamping” that it engenders was exactly what Justice Kennedy warned about in his short but biting concurrence in Pereira v. Sessions. To quote Justice Kennedy, the “type of reflexive deference exhibited in some of these cases is troubling…it seems necessary and appropriate to reconsider, in an appropriate case, the premises that underlie Chevron and how courts have implemented that decision.” Pereira v. Sessions, 138 S. Ct. 2105, 2121 (2018), Kennedy, J., concurring (emphasis added). Justice Kennedy was right. The dissent’s transparent and clearly forthright encapsulation of the arguments in favor of “deference” highlights the dangers inherent in such a position and shows just why Chevron must (and will) be reconsidered.

Geoffrey Hoffman, Clinical Professor, University of Houston Law Center, Immigration Clinic Director

(Individual capacity; Institution for identification only)

KJ

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

Judge Jones’s dissent ignores the clear evidence that the BIA is no longer anything approaching an “expert tribunal,” and that it’s jurisprudence has swung sharply in an anti-immigrant, and specifically anti-asylum, direction under Sessions, Whitaker, and Barr.

How long can the Article IIIs keep “papering over” not only the all too often deficient work-product produced by today’s BIA, but, more significantly, the glaring unconstitutionality of a system constructed and run by prosecutors and politicos that purports to function like a “court.” I doubt that Judge Jones would be willing to trust her life to a “court” that was composed and run like EOIR. So, why aren’t other “persons” entitled to the same Constitutional treatment and human dignity that she would expect if their positions were reversed?

In the meantime, I wholeheartedly endorse Geoffrey’s observation that even in the “Age of A-B-,” and in the normally “asylum-unfriendly” Fifth Circuit, great scholarship, persistence, and good lawyering can save lives! We just need more “good lawyers” out there in th NDPA to keep pressing the fight until all of the Article III’s stop “going along to get along” with the charade currently unfolding at EOIR and we also get the “regime change” necessary to establish an Article I Immigration Court that functions like a “real court” rather than a surreal vision of a court. 

Due Process Forever!

PWS

04-13-20

HEAR IT FROM AN EXPERT: Trump’s Illegal Obliteration of Asylum Law Part of The Demise of The Rule of Law In America! — Professor Lucas Guttentag Eviscerates Trump’s Scofflaw Action! 

Lucas Guttentag
Lucas Guttentag
Professor of Practice
Stanford Law

https://www.justsecurity.org/69640/coronavirus-border-expulsions-cdcs-assault-on-asylum-seekers-and-unaccompanied-minors/

Lucas writes in Just Security:

The Trump administration’s novel COVID-19 border ban invokes public health authority to erect a shadow immigration enforcement power in violation of the Refugee Act, legal safeguards for unaccompanied minors, and fundamental procedural rights. Relying on an obscure 1944 provision that provides no authority for immigration removals, the Centers for Disease Control purports to authorize summary Border Patrol expulsions of asylum seekers.

On March 20, the Centers for Disease Control (“CDC”) issued a largely unnoticed but sweeping order authorizing the summary expulsion of noncitizens arriving at the border without valid documents. The  Order operates wholly outside the normal immigration removal process and provides no opportunity for hearings or assertion of asylum claims. It deploys a medical quarantine authorization to override the protections of the immigration and refugee laws through the use of an unreviewable Border Patrol health “expulsion” mechanism unrelated to any finding of disease or contagion.

How the COVID-19 Expulsion Policy Works

The CDC Order is based on an emergency Department of Health and Human Services (HHS) Interim Final Rule issued simultaneously with the Order under the authority of an obscure provision of the 1944 Public Health Service Act. Section 362 of that Act authorizes the Surgeon General to suspend “introduction of persons or goods” into the United States on public health grounds. Based on an unprecedented interpretation of the 1944 Act, the CDC regulation invokes the COVID-19 pandemic to redefine what constitutes “introduction of persons” and “introduction of communicable diseases” into the United States. It establishes a summary immigration expulsion process that ignores the statutory regime governing border arrivals and disregards the protections and procedures mandated by the 1980 Refugee Act and Refugee Convention as well as the special safeguards for unaccompanied minors under the Trafficking Victims Protection Reauthorization Act (“TVPRA”).

The CDC Order “suspending introduction of certain persons” applies to land travel from two countries, Mexico and Canada, and only to those noncitizens defined as “covered aliens.” That definition is unrelated to infection or disease. It includes only those who arrive by land without valid travel documents and immediately “suspends” their “introduction” for a renewable period of 30 days. In actuality the Order singles out those who seek asylum – and children – to order them removed to the country from which they entered or their home country “as rapidly as possible.” A recently leaked  Customs and Border Protection directive makes clear that expulsion is the goal and that no process is provided.

The Order’s stated rationale is the risk alleged from “covered aliens” being crowded in “congregate settings.” The apparent justification for bypassing all legal protections and procedures is the CBP’s assertion that Border Patrol officers are “not operating pursuant to” their authority under the immigration laws.

This shadow immigration expulsion regime is not part of some coherent public health or safety plan to seal our borders or to diminish the risk of COVID-19’s introduction into the U.S. A web of other proclamations and restrictions leave open many avenues for other travelers to enter the United States. The risk of processing in congregate settings is a function of DHS’s own practices and policies; it is also not unique to land borders.

The CDC order is designed to accomplish under the guise of public health a dismantling of legal protections governing border arrivals that the Trump administration has been unable to achieve under the immigration laws. For more than a year, the administration has sought unsuccessfully to undo the asylum system at the southern border claiming that exigencies and limited government resources compel abrogating rights and protections for refugees and other noncitizens. The courts have rebuffed those attempts in critical respects. Now the administration has seized on a public health crisis to impose all it has been seeking – and more.

Unquestionably, the United States faces a pandemic of unknown scope and duration that has led to the greatest social and economic disruption and restrictions on personal movement in our lifetime. The hospital and healthcare system is under siege and threatened with collapse in some areas. Infected persons can be asymptomatic and may not be detected. The addition of contagious individuals can exacerbate spread of the virus, place additional strains on hospitals, pose dangers to healthcare workers and law enforcement officers, and increase the risk of infection for others.

But the COVID-19 ban is an act of medical gerrymandering. It is crafted to override critical legal rights and safeguards in singling out only those arriving at the border without authorization and deeming that class of people a unique and unmitigable public health threat. It tries to justify an end-run around congressionally mandated procedural rights and protections essential for refugees and unaccompanied minors and it does so to achieve an impermissible goal. What’s additionally shocking here: the statutory provision does not actually give the executive branch expulsion authority.

. . . .

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

Read the rest of Lucas’s “mini treatise” at the above link.

The law is clearly against Trump here, as Lucas so eloquently and cogently sets forth. But, that doesn’t necessarily mean much in an era of a feckless GOP-stymied Congress and an authoritarian-coddling righty Supremes’ majority led by Roberts and his four sidekicks. 

The Supremes have delivered a strong message to the lower Federal Courts that Trump can do just about anything he wants to migrants. He just has to invoke some transparently bogus “national security” or “emergency” rationale for ignoring the Constitution and statutes. 

It’s “Dred Scottification” in full force. Largely the same way the courts buried the rights and humanity of African Americans to enable a century plus of “Jim Crow” following the end of the Civil War. The “law of the land” just became meaningless for certain people and in certain jurisdictions. “Any ol’ justification” — states’ rights, separate but equal, no jurisdiction, etc. — was more than enough to read Africans-American citizens out of their Constitutional and other legal protections.

Don’t kid yourself. That’s exactly what Trump, the GOP, and the Supremes’ majority are up to here.

And, the amazing thing, here in 21st Century America, they are getting alway with it! In plain sight!

This November, Vote Like Your Life Depends On It! Because It Does!

PWS

04-13-20

“MALICIOUS INCOMPETENCE” IS COSTLY: In a Functioning System, DHS Would Release As Many Detainees As Possible Applying “Best Health Guidance” & EOIR Judges Would Insure Prompt, Uniform Compliance By DHS – Under Today’s Totally Dysfunctional System, It Rests With Private Attorneys & U.S. District Judges Across America To Do The Job That DHS & EOIR Won’t – Not Surprisingly, The Results Are Expensive, Time-Consuming, & Uneven!   

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Brittany Mejia
Brittany Mejia
Metro Reporter
LA Times

 

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=910bd5e6-d0d0-4291-af81-af2ba51ed37d&v=sdk

 

Andrea Castillo and Brittny Mejia report for the LA Times:

 

For weeks, as the coronavirus spread, Jose Hernandez Velasquez worried about the dangers of being detained inside the Adelanto ICE Processing Center 80 miles east of Los Angeles.

The 19-year-old Guatemalan immigrant listened uneasily as other men called their families, begging them to do everything possible to get them released so as to reduce their odds of contracting the deadly illness.

Ultimately, in light of the pandemic, a federal judge ordered immigration authorities to release Hernandez, an asylum seeker with hypertension who had spent nearly 21/2 years at the facility. When a guard came to tell him the news, Hernandez was speechless. Other detainees burst into applause.

“I was really worried,” he said in a phone call after his release. “It was so difficult to be inside.”

As an increasing number of Immigration and Customs Enforcement detainees across the country test positive for COVID-19, California lawyers are working to free as many clients as they can by invoking constitutional rights and arguing on humanitarian grounds. In the last two weeks, U.S. District Judge Terry Hatter Jr. ordered at least 10 people released from Adelanto, one of the country’s largest detention centers, holding nearly 2,000 people.

It’s unclear how many detainees have been released nationwide because of coronavirus concerns. In recent weeks, federal judges across the country have ordered the release of more than 40 detainees.

Like Hernandez, most have been released after lawyers petitioned federal courts on their behalf. Others have been released on bond or through humanitarian parole, which is free to people with a compelling emergency.

In response to the pandemic, ICE has instructed field offices to assess and consider for release those deemed to be at greater risk of exposure, reviewing cases of individuals age 60 and older, as well as those who are pregnant.

In court filings, ICE has argued that concern about detainees contracting COVID-19 is “based on mere speculation” and that releasing large numbers of them would set a precedent that would persist even after the virus subsides.

Until ICE agrees to release more detainees, “you’re going to keep seeing petitions like this,” said Jessica Bansal, senior staff attorney at the American Civil Liberties Union of Southern California, which got Hernandez and others released from Adelanto. “Because people need to get out.”

The ACLU has sued ICE facilities in multiple states over coronavirus concerns.

. . . .

 

 

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

Read the rest of the article at the above link.

 

Empowering a regime that functions in such a contemptuous, cruel, and incompetent manner is insane and wasteful to boot. Everyone, including the legitimate needs of DHS enforcement (not much resemblance to the current racially-driven scofflaw mess) would benefit from a professionalized, accountable, and properly focused DHS and an independent, due process with efficiency-oriented U.S. Immigration Court.

 

Immigration enforcement could focus on priorities that actually relate to the safety and security of our nation, the private and NGO immigration bar could expand individual case representation before the Immigration Courts thus promoting efficiency with due process, and the U.S. District Courts could return to other cases. It would be a win-win-win, notwithstanding the bogus blather of the White Nationalist restrictionists who seek to use the pandemic as a weapon to “zero out” legal immigration and force all migration into the “black market” where it can more easily be exploited and abused by them and their cronies.

Due Process Forever! Malicious Incompetence Never!

 

PWS

 

04-13-20

 

 

AMERICA’S ASYLUM DISGRACE: Due Process, Rule of Law, Human Values Die Under Trump’s Scofflaw White Nationalism

https://www.washingtonpost.com/opinions/at-the-us-mexico-border-trump-weaponizes-the-pandemic/2020/04/12/d49056c2-7b6a-11ea-b6ff-597f170df8f8_story.html

From the WashPost Editorial Board:

ENSHRINED IN law for four decades, the system that allows persecuted migrants to seek refuge in the United States has survived sustained assaults since the Trump administration took office. Now Mr. Trump, having weaponized a public health crisis to ignore long-established statutes, rules and procedures, has finally managed to crush it.

For the past three weeks, virtually every category of migrant without papers has been turned back at legal ports of entry along the southern border or expelled immediately upon apprehension by border agents; 10,000 have been thrown out so far in the crisis. They include minors who may have been trafficked and asylum seekers, individually or in families, who may face persecution in their home countries. Immigration courts are suspended, deportation procedures have been ditched, and due process is a thing of the past.

For years, President Trump has disparaged unauthorized migrants as disease carriers, with paltry evidence. Now he justifies the brutal measures, imposed March 21, by insisting that in the midst of a pandemic, migrants could ignite a “perfect storm” of contagion that would endanger border agents, the health-care system and the public. “Left unchecked,” he warned, they could even “cripple our immigration system” — the very immigration system he has tried by every means to dismantle since taking office.

[[Full coverage of the coronavirus pandemic]]

The evidence for that is, so far, scant; a hundred times more people have tested positive for the coronavirus in the United States than in Mexico, El Salvador, Honduras and Guatemala combined — the countries of the overwhelming majority of migrants at the southern border. That adds weight to the suspicion that Mr. Trump, contemptuous of what he calls “the worst immigration laws ever,” is obliterating them through the legally dubious means of a health emergency measure enacted in 1944.

It is reasonable in the face of this pandemic to exercise extreme caution in screening those who are admitted to the United States, and even barring most foreign travelers from Western Europe and China, some of the world’s most ravaged regions. It’s a different thing to impose a systematic, draconian, extralegal regime, one never contemplated by Congress, whose effect is to ignore and override 40 years of asylum and immigration law.

Mr. Trump had severely tightened asylum procedures before the pandemic but had not, and could not, expunge the possibility that migrants with reasonable asylum claims could apply and be heard in court. Respecting those asylum procedures, like respecting civil liberties, presents few challenges during prosperity and peacetime. It is more difficult, and requires political courage, when the country is reeling economically, and on what amounts to a war footing, as it is today.

Yet it is precisely in times of emergency that any country faces its most severe tests — ones that call into question the nation’s essential character and values. It shames itself when it fails to live up to those qualities and values, as the United States did when it forcibly imprisoned more than 100,000 Japanese Americans in internment camps during World War II. That is what Mr. Trump is doing now by betraying this country’s long tradition as a beacon to those fleeing oppression.

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

Four decades of progress, uneven and imperfect as it was, in implementing the Refugee Act of 1980 undone in less than four years. Notably, Trump obliterated the Act without Congressional participation. Also, he took advantage of the Supremes failure to force the Executive to comply with the letter and spirit of its landmark 1987 decision in INS v. Cardoza-Fonseca establishing a generous, humanitarian reading of the “well-founded fear” standard for asylum seekers under the Refugee Act of 1980. When the Executive can simply eliminate laws he doesn’t like without Congress and without effective resistance from the Supremes, democracy is definitely on the ropes.

The “mainstream media” is finally picking up on what the “New Due Process Army” and Courtside have been saying for the better part of three years. And, the dissolution of American democracy started with the assault on immigration and refugee laws. But, it won’t end there unless we vote the regime out in November and start rebuilding an America that honors Due Process, the rule of law,  competency, and the dignity and rights of all humans.

Due Process Forever! Vote Like Your Life Depends on It! Because, It Does!

PWS

04-13-20

MIGRANTS, REGARDLESS OF STATUS, ARE ESSENTIAL TO OUR SOCIETY & OUR RECOVERY AS A NATION – Excluding Them From Pandemic Relief Is Counterproductive

Javier H. Valdes
Javier H. Valdes
Co-Director
Make the Road NY
Nedia Morsy
Nedia Morsy
Organizing Director
Make the Road NJ

 

https://apple.news/AZ3raIrMIQX2JtEjfdMbJRw

 

Javier H. Valdés & Nedia Morsy write in the NY Daily News:

 

Immigrants are on the front lines of the COVID-19 pandemic, but they’re being left out of the federal government’s solutions.

Immigrants are our delivery workers, grocery-store and warehouse workers, nurses, janitors and more. They make up more than 50% of the city’s frontline workers. Many don’t have the luxury of working remotely; millions are going to work, putting themselves at risk to provide others with food, basic necessities and care.

Few employers provide adequate protective materials or protocols to reduce risk to workers. Amazon workers on Staten Island, many of them immigrants, have walked off the job because the company failed to provide safe working conditions despite confirmed COVID-19 cases on-site. Employees at another company’s New Jersey warehouse were told to report to work and were not given adequate protective gear, before being unlawfully told they could not take paid sick days. They continue working in a tinderbox of potential infection.

Meanwhile, other immigrants have been devastated by joblessness. Unemployment has disproportionately hit Hispanic and immigrant communities. In New York City, where a CUNY study found 29% of households have at least one newly jobless person in this crisis, the figure for Hispanic households is 41%.

Immigrant communities have also been hit hardest by the virus itself, with communities like Corona, Queens and the South Bronx reporting the highest death tolls.

We hear daily from desperate workers who have lost their jobs, but, because they are undocumented, are ineligible for unemployment insurance. And they don’t have enough savings to pay rent.

Take Alejandra, a pregnant Long Island mother, who, until last month, worked a minimum-wage factory job. She was laid off and doesn’t know how she will pay her bills. Since her health insurance was through work, she also faces the uncertainty of getting through her pregnancy uninsured.

So far, the Trump administration and Congress have mostly excluded immigrants like Alejandra from relief. The cash assistance passed in the third stimulus bill, the CARES Act, excludes Individual Taxpayer Identification Number filers, a tax status many undocumented immigrants use. Many of the millions of children and spouses of ITIN holders will also be ineligible, even if they are U.S. citizens.

. . . .

 

Having already prioritized the Trump administration’s enormous slush fund for Wall Street, Congress must advance a just recovery package that puts people first, regardless of immigration status. That means immediate, recurring cash payments and unemployment insurance for all. It means testing and treatment for all. It means worker safety provisions and paid sick leave for all. It means a rent freeze so families have safe spaces to self-quarantine. And it means releasing people from jails, prisons and detention centers at grave risk.

While state and local governments must also respond quickly and prioritize the most vulnerable, only Washington can ensure recovery at the necessary scale.

We need a recovery package that goes directly to working-class and low-income people and includes everyone. If we leave immigrants behind, everyone will suffer.

Valdés* is the co-executive director of Make the Road New York. Morsy is the organizing director of Make the Road New Jersey.*

 

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

 

Read the complete article at the link.

The GOP Right’s view of who is “critical” or “essential” to society has been wrong from the git go. Indeed, the many undocumented workers laboring in our food supply chain have proved to be essential to our survival. In fact, they always have been essential. The pandemic and ensuing crisis has just made the truth more obvious.

But, don’t expect the dose of reality dished out by the pandemic to change GOP dogma going forward. Policies driven largely by racism, classism, and the desire to maintain disproportionate power have always dealt in myths, rather than facts, anyway.  That makes them largely “factproof.”

It will be up to the rest of us, working together and cooperatively, to build a fairer, juster, more humane, better nation “on the other side” of the current crisis.

Join the New Due Process Army & Fight For a Just America For Everyone!

PWS

 

04-11-20