EUGENE ROBINSON @ WASHPOST: ADMINISTRATION MOUNTS ATTACK ON HISPANIC CITIZENS: “This vile, unadulterated racism”

https://www.washingtonpost.com/opinions/the-trump-administration-doesnt-see-latinos-as-americans/2018/08/30/0ab8b7de-ac83-11e8-b1da-ff7faa680710_story.html?utm_term=.67faf4e3a5bd

Eugene Robinson writes in the Washington Post:

President Trump’s bigoted hatred of Latino immigrants has been clear from the beginning. Now his administration is aggressively persecuting Latino citizens as well.

It is hard to be shocked anymore, given the daily outrages committed by Trump and his minions, but a report Thursday by The Post was jaw-dropping: In the borderlands of southern Texas, the State Department is denying passports to hundreds and perhaps thousands of men and women who have official birth certificates demonstrating they were born in the United States.

In some cases, valid passports have been confiscated and revoked, their holders stranded in Mexico, unable to come home. In other cases, people have been arrested, sent to detention centers and slated for deportation. Imagine how they and their American families must feel — and how their distress must make Trump and his fellow xenophobes feel warm inside.

Denial of passports effectively renders the victims stateless — meaning they cannot travel outside the country, because they would not be readmitted — and potentially vulnerable to being deported. Again, these are people who have government-issued birth certificates, long accepted as gold-standard proof of citizenship. The Trump administration simply doesn’t see Latinos as full-fledged Americans.

The Post quoted a 40-year-old man named Juan — he didn’t want his last name used for fear of being targeted — who has a birth certificate stating he was born in the Texas border city of Brownsville. He served his country for three years in the U.S. Army, then was a cadet in the Border Patrol, and now works as a Texas state prison guard. But when he applied to renew his passport this year, the State Department responded with a letter saying it didn’t believe he was a citizen.

It is important to understand that for Americans who live along the border, a passport is a necessity. People flow back and forth across the Rio Grande all the time to work, make business deals, see family or perhaps just try out a trendy new restaurant. The border is not like the Berlin Wall, though evidently Trump would like it to be.

There is a backstory: In the 1990s, some Texas midwives admitted accepting bribes to falsely claim that some Mexican infants were born in the United States. These same midwives, however, also delivered many more Latino babies, at least thousands, who were legitimately born in the United States. From official records, it is impossible to tell the difference.

The Trump administration appears to be denying passports simply because the applicant is Latino, was born in southern Texas and was delivered by a midwife — something the federal government explicitly promised not to do in a 2009 court settlement with the American Civil Liberties Union.

The administration claims there has been no change in policy. But The Post quoted immigration lawyers who say there has been a dramatic surge in passport denials.

In Juan’s case, the State Department demanded he produce documents including proof of his mother’s prenatal care in the United States, his baptismal certificate and rental agreements from when he was an infant. He managed to find some of this obscure material — and yet his passport application was denied a second time.

A military veteran who served his country was told that it isn’t his country after all.

Think how you would feel if this nightmare were happening to you. Like everyone else, you have no memory of the details of your birth. You know only what your parents have told you and what the official records say, all of which is almost surely true. Suddenly, because of your Latino heritage, your core identity is challenged and your right to live in the United States is threatened.

If the government had specific evidence that an individual’s birth certificate was falsified, then we could have a debate about the right thing to do. But this administration is assuming that a person of a certain ethnicity, recorded as being born in a certain part of the country and meeting other unspecified criteria, is de facto not a citizen — and has the burden of proving otherwise.

At this point, the Trump administration has the burden of proving this is anything other than vile, unadulterated racism.

Trump launched his presidential campaign by calling Mexican immigrants rapists and drug dealers. His administration cruelly separated nearly 3,000 migrant children from their families and seeks to make their parents ineligible for asylum. His clear message to would-be Latino immigrants is: No admission.

And now, an equally blunt message for lifelong Latino citizens: Go away.

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We have a racist, White Nationalist regime. What does that say about those who continue to support its toxic policies and the Liar-in-Chief?

GET OUT THE VOTE IN NOVEMBER! TAKE OUR COUNTRY BACK FROM THE WHITE NATIONALISTS AND THEIR ENABLERS! START HOLDING TRUMP, SESSIONS, AND THE OTHER REGIME AUTOCRATS RESPONSIBLE FOR THEIR UNLAWFUL, IMMORAL, AND DIVISIVE POLICIES!

PWS

 

08-31-18

TWO FROM TAL @ CNN: 1) RACISM TRUMPS IDEOLOGY IN TERMINATION OF NICARAGUAN TPS; 2) SESSIONS’S CHILD ABUSE UPDATE – HUNDREDS REMAIN SEPARATED WHILE ABUSER REMAINS AT LARGE, DISSING FEDERAL JUDGES!

‘Suicide,’ ‘catastrophe’: Nicaraguans in US terrified of looming end of protections

By Tal Kopan, CNN

Cassandra has lived and worked in the US over 20 years. Threats to her life have been made to her family and friends back in Nicaragua. It would be “suicide” to move back, she says.

But the Trump administration says she and thousands of other immigrants like her must do so by January.

On Jan. 5, roughly 5,300 Nicaraguans who have lived in the US since at least that date in 1999 will lose their protected status. If they have no other immigration status in the US, they will be forced to either return to the country or risk living in the US illegally.

The decision to end temporary protected status for Nicaraguans last November was overshadowed by similar Trump administration decisions to end such protections for hundreds of thousands more immigrants from neighbors Honduras and El Salvador. Nationals of Nicaragua received the shortest time frame of any of those TPS recipients to get their affairs together: 12 months.

But since that decision was made, Nicaragua has plunged into violence and political unrest, with at least 322 people dying there since mid-April, according to the Inter-American Commission on Human Rights, part of the Organization of American States. By the White House’s own count, the toll is more than 350. The UN Refugee Agency has put out guidance to its member countries asking them to allow Nicaraguans to enter and to apply for asylum once there.

The situation is bad enough that the Trump administration sanctioned three Nicaraguan officials in July for human rights abuses, saying President Daniel Ortega and his vice president “are ultimately responsible for the pro-government parapolice that have brutalized their own people.”

In light of the violence, a bipartisan group of seven bipartisan lawmakers wrote to President Donald Trump, Homeland Security Secretary Kirstjen Nielsen and Secretary of State Mike Pompeo in late July asking the President to either reconsider ending temporary protected status for Nicaraguans or to designate a new status for them.

“It would be, frankly, I think, unacceptable to then send folks back to that same place that we’re sanctioning,” Republican Rep. Mario Diaz-Balart of Florida, one of those who signed the letter, told CNN. “It’s a barbaric regime that’s literally murdering people in the streets. … It would be a catastrophe, and it’s one that can be avoided.”

Diaz-Balart said he has not gotten a response from the administration to the letter, though he remains hopeful it will reverse course.

The Department of Homeland Security ignored repeated requests for comment from CNN about whether it’s considering extending further protections to Nicaraguans.

More: http://www.cnn.com/2018/08/30/politics/tps-nicaragua-trump-immigrants-fear/index.html

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Hundreds of immigrant kids remain separated from parents

By Tal Kopan, CNN

Hundreds of children separated from their parents at the US-Mexico border remain separated from their parents, including 497 in government custody, according to a new court filing Thursday.

The figure includes 22 children under the age of five still in government care. Six of those are 4 years old or younger whose parents were deported without them.

A total of 1,937 children have been reunified with parents, up only 14 from last week.

The numbers have changed only slightly from last week, as the court filing from the Justice Department and the American Civil Liberties Union case describes a slow and laborious process to try to connect the families that have been separated.

It remains unclear exactly how many parents were deported without their children, though it’s in the hundreds. By the government’s latest count, there are 322 deported parents who have children still in custody.

But the ACLU, which filed the lawsuit on behalf of separated parents, says the administration has previously given it a list of deported parents that includes 70 additional cases. The administration said, according to the ACLU, that some of the discrepancy is due to kids being released from care. It’s not clear what will happen to those families.

US District Judge Dana Sabraw will hold a status hearing on the case Friday.

More: http://www.cnn.com/2018/08/30/politics/family-separations-hundreds-children-separated/index.html

 

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So, we send good folks who have been contributing to our economy and society back to likely harm at the hands of the repressive leftist Government of Nicaragua basically because they are Latinos. Of course, almost all of them have very plausible asylum, withholding, CAT, or cancellation of removal claims. So, more than 5,000 cases will needlessly be thrown back into our already overwhelmed Immigration Court system. No wonder the backlog continues to mushroom under Sessions’s White Nationalist policies! Racist-driven policies always come at a high cost!

In the meantime, Sessions continues publicly to thumb his nose at Federal Judges, while making less than impressive efforts to comply with their lawful orders. And, families and children continue to suffer from Sessions’s White Nationalist agenda.

PWS

08-31-18

 

TAL @ CNN: TRUMP’S WHITE NATIONALIST BASE STILL LOVES SESSIONS — No Other Confirmable AG Is Likely To Be As Overtly Racist, Immoral, & Willing To Subvert The Law As Sessions!

Sessions ‘irreplaceable’ on immigration to base

By Tal Kopan, CNN

When then-candidate Donald Trump touted Jeff Sessions’ support on the 2016 campaign trail, he’d joke that even he was surprised he beat out other immigration hawks for the prized endorsement. It was an indication of how strongly Trump resonated with the base on immigration and border security — and how strongly Sessions represented it.

Now, Sessions’ supporters are hoping the President hasn’t forgotten that lesson.

Sessions’ support among Republicans in the Senate is publicly weakening, as the President continues to tweet his frustration with his attorney general and early backer over his handling of special counsel Robert Mueller’s investigation into Russian interference in the 2016 election.

But Sessions’ supporters are saying one simple fact should keep the attorney general in office: There is no one else who could better execute Trump’s own vision on immigration, and no one who bears more credit for what the President has achieved thus far.

Sessions “is almost irreplaceable because of his commitment and understanding of the core issue on which the President won his election,” said Dan Stein, president of the Federation for American Immigration Reform, which advocates for slashing immigration dramatically.

Republican Sen. Lindsey Graham this week argued Trump deserves to replace Sessions, saying the relationship is “beyond repair.”

That sentiment is not shared, however, in Sessions’ strongest base of support — the groups that have long advocated for the immigration-restricting policies that the attorney general has aggressively pursued.

More: http://www.cnn.com/2018/08/28/politics/jeff-sessions-support-immigration-base/index.html

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Yeah, I can see that Sessions would be a hard guy to duplicate. He’s a true relic of the Jim Crow era who wears his disdain and disrespect for people of color on his sleeve. I also suppose that one reason he turned out to be “confirmable” was the desire of many of his colleagues on both sides of the aisle to get rid of his wacko, far right, obstructionist presence.

Over at Justice, Sessions doesn’t have to convince anyone that what he is doing is legal or good policy. He just does as he pleases. The Federal Courts rein him in on a regular basis. That leads Sessions to utter insulting trivialities about “interference with the Executive.” Interfering with a member of the Executive Branch who is riding roughshod over the Constitution and the statutes is just what Article III courts are supposed to be doing!

About the only thing at Justice that Sessions hasn’t screwed up is the Russia investigation (although he tried by approving the “bogus memo” from Rod Rosenstein recommending the firing of Comey which Trump later admitted was a fraud). And, that’s only because he was quite properly disqualified. While Sessions couldn’t care less about the law and ethics, he does have some sense of self-preservation. Participating in the Russia investigation could have been a Federal crime (although the Federal criminal law on non-financial conflicts of interest is somewhat murky) as well as a basis for stripping his law license.

PWS

08-28-18

TRUMP ADMINISTRATION SCOFFLAWS THWARTED AGAIN! – US JUDGE SHOOTS DOWN UNLAWFUL ATTACK ON UNIONS AND CIVIL SERVICE!

https://www.washingtonpost.com/politics/in-victory-for-unions-judge-overturns-key-parts-of-trump-executive-orders/2018/08/25/5458e2bc-a880-11e8-97ce-cc9042272f07_story.html?utm_term=.d1c944e626ce

Lisa Rein reports for the Washington Post:

A federal judge late Friday dealt a victory to federal employees and the unions that represent them, invalidating overnight key provisions of a series of Trump administration executive orders aimed at making it easier to fire employees and weaken the unions.

The overnight ruling by U.S. District Judge Ketanji Brown Jackson in Washington was a setback to the White House’s efforts to rein in the power of federal unions. Though federal employees’ pay is set by Congress, their unions have retained significant power even as private-sector unions have been in decline.

The three executive orders, issued just before Memorial Day, had sought to severely restrict the use of “official time” — on-duty time that union officials can spend representing their members in grievances and on other issues. The rules also limited issues that could be bargained over in union negotiations. And it rolled back the rights of workers deemed to be poor performers to appeal disciplinary action against them.

Jackson took issue with key elements of each order and enjoined the administration from enacting them.

The White House did not immediately respond to a request for comment Saturday.

The American Federation of Government Employees, the largest of the dozen unions to sue the administration over the executive orders, applauded the ruling. It called it a victory for public-sector unions and the protections Congress gave federal employees in 1978 when it guaranteed civil servants the right to bargain collectively over working conditions in the government.

“President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day,” AFGE’s national president, J. David Cox Sr., said in a statement.

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Lawless actions directed at its perceived “enemies” under the guise of some bogus legal theory are a staple of the Trump/Sessions regime. As the ever disingenuous Sessions has proved recently, every time a Federal Judge quite properly calls him out for his lawless acts, he whines about interference with Executive authority and his authority as the chief legal official of the US. Here’s a guy that apparently got through law school and admitted to the bar without knowing or understanding what Chief Justice Marshall said and meant in probably the single most famous case in US history: Marbury v. Madison. No, Gonzo, you don’t get the final say on what the law is — that only appears to happen in the never-never land of the Immigration Courts!

The NAIJ, representing our nation’s Immigration Judges (I am a retired member), continues to fight not only for the civil service rights of the judges but for the fair and impartial judicial independence that benefits everyone in America. All of these have been under constant attack by Jeff Sessions and the Trump Administration.

PWS

08-27-18

EXPOSING SESSIONS’S DEADLY DUE PROCESS SCAM: JUDGE SULLIVAN BLOCKS ANOTHER POTENTIAL DEPORTATION TO DEATH AS SESSIONS-LED DOJ ARGUES THAT THE KILLING LINE NOT SUBJECT TO REVIEW — Pro Bono Counsel Jones Day Saves The Day, At Least For Now — “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

https://www.law.com/nationallawjournal/2018/08/23/judge-who-forced-feds-to-turn-that-plane-around-blocks-another-deportation/?kw=Judge%20Who%20Forced%20Feds%20to%20%27Turn%20That%20Plane%20Around%27%20Blocks%20Another%20Deportation&et=editorial&bu=NationalLawJournal&cn=20180823&src=EMC-Email&pt=NewsroomUpdates&utm_source=newsletter

C. Ryan Barber reports for the National Law Journal:

Judge Who Forced Feds to ‘Turn That Plane Around’ Blocks Another Deportation

U.S. District Judge Emmet Sullivan this month lambasted federal officials for the unauthorized removal of a woman and her daughter while their emergency court challenge was unfolding in Washington, D.C.

Judge Emmet Sullivan of the U.S. District Court for D.C. May 27, 2009. Photo by Diego M. Radzinschi/NATIONAL LAW JOURNAL.

A federal judge on Thursday ordered the Trump administration not to depart a pregnant Honduran woman as she seeks asylum in the United States, two weeks after demanding that the government turn around a plane that had taken a mother and daughter to El Salvador amid their emergency court appeal challenging removal.

U.S. District Judge Emmet Sullivan, of the U.S. District Court for the District of Columbia, granted a temporary stay preventing the Honduran woman’s deportation following a hearing on her challenge to the administration’s decision to make it all but impossible for asylum seekers to gain entry into the United States by citing fears of domestic abuse or gang violence.

In court papers filed earlier this week, the Honduran woman’s lawyers—a team from Jones Day—said she fled her home country “after her partner beat her, raped her, and threatened to kill her and their unborn child.” The woman, suing under the pseudonym “Zelda,” is currently being held at a Texas detention center.

“Zelda is challenging a new policy that unlawfully deprives her of her right to seek humanitarian protection from this escalating pattern of persecution,” the woman’s lawyers wrote in a complaint filed Wednesday. The immigrant is represented pro bono by Jones Day partner Julie McEvoy, associate Courtney Burks and of counsel Erin McGinley.

At Thursday’s court hearing, McGinley said her client’s deportation was imminent absent an order from the judge blocking such a move. “Our concern today,” McGinley said, “is that our client may be deported in a matter of hours.”

U.S. Justice Department lawyers on Wednesday filed papers opposing any temporary stay from deportation. A Justice Department lawyer, Erez Reuveni, argued Thursday that the Honduran woman lacked standing to challenge the Justice Department’s new immigration policy, which makes it harder for immigrants seeking asylum to argue fears of domestic violence and gang violence.

After granting the stay preventing the Honduran woman’s deportation, Sullivan made clear he had not forgotten the events of two weeks ago, when he learned in court that the government had deported a mother and daughter while their emergency challenge to deportation was unfolding.

“Somebody … seeking justice in a United States court is spirited away while her attorneys are arguing for justice for her? It’s outrageous,” Sullivan said at the Aug. 9 hearing. “Turn that plane around and bring those people back to the United States.”

Sullivan on Thursday urged Reuveni to alert immigration authorities to his order. Reuveni said he would inform those authorities, adding that he hoped there would not be a recurrence of the issue that arose two weeks earlier.

“It’s got to be more than hopeful,” Sullivan told Reuveni in court Thursday. Reuveni said he could, in the moment, speak for himself and the Justice Department, but not the Department of Homeland Security, which oversees U.S. Immigration and Customs Enforcement.

“I cannot speak for ICE until I get on the phone with them and say this is what you need to do immediately,” Reuveni said.

Sullivan said he appreciated Reuveni’s “professionalism” and his efforts to “undo the wrong” that had been done to the Salvadoran mother and daughter earlier this month.

The government, after the fact, said it was reviewing removal proceduresin the San Antonio immigration office “to identify gaps in oversight.”

Stressing the need for a stay against Zelda’s deportation, McGinley said at Thursday’s hearing: “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”

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When individuals have access to high quality counsel like Jones Day, the courts pay more attention. That’s why Sessions & co. are working overtime to insure that individuals are hustled though the system without any meaningful access to counsel and, perhaps most outrageously, by excluding counsel from participation in the largely rigged “credible fear review process” before the Immigration Court. This isn’t justice; it isn’t even a parody of justice. It’s something out of a Kafka novel.

No wonder the Sessions-infused DOJ attorneys don’t want any real court to take a look at this abusive and indefensible removal of individuals with serious claims to relief without consideration by a fair and impartial adjudicator operating under the Constitution and our Refugee Act rather than “Sessions’s law.”

Judge Sullivan actually has an opportunity to put an end to this mockery of American justice by halting all removals of asylum seekers until at least a semblance of Due Process is restored to the system. The only question is whether  he will do it! The odds are against it; but, with folks like Jones Day arguing in behalf of the unfairly condemned, the chances of halting the “Sessions Death Train” have never been better!

(Full Disclosure: I am a former partner at Jones Day.  I’ve never been prouder of my former firm’s efforts to protect the American justice system and vindicate the rights of the most vulnerable among us. Congrats and appreciation to Jones Day Managing Partner Steve Brogan, Global Pro Bono Coordinator Laura Tuell, Partner Julie McEvoy, Of Counsel Erin McGinley, and everyone else involved in this amazing and much needed effort!) 

PWS

08-24-18

 

INSIDE THE TRUMP-SESSIONS “NEW AMERICAN GULAG” — “It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’”

https://www.huffingtonpost.com/entry/family-detention-center-border_us_5b7c2673e4b0a5b1febf3abf

Catherine Powers writes in HuffPost:

In July, I left my wife and two little girls and traveled from Denver to Dilley, Texas, to join a group of volunteers helping migrant women in detention file claims for asylum. I am not a lawyer, but I speak Spanish and have a background in social work. Our task was to help the women prepare for interviews with asylum officers or to prepare requests for new interviews.

The women I worked with at the South Texas Family Residential Center in Dilley had been separated from their children for up to two and a half months because of a policy instituted by the Trump administration in April 2018, under which families were targeted for detention and separation in an attempt to dissuade others from embarking on similar journeys. Although the separations have stopped because of the resulting public outcry, hundreds of families have not been reunited (including more than 20 children under 5), families continue to be detained at higher rates than adults crossing the border alone, and the trauma inflicted on the women and children by our government will have lifelong consequences.

To be clear, this is a policy of deliberately tormenting women and children so that other women and children won’t try to escape life-threatening conditions by coming to the United States for asylum. I joined this effort because I felt compelled to do something to respond to the humanitarian crisis created by unjust policies that serve no purpose other than to punish people for being poor and female ― for having the audacity to be born in a “shithole country” and not stay there.

I traveled with a group of amazing women gathered by Carolina, a powerhouse immigration lawyer and artist from Brooklyn. My fellow volunteers were mostly Latinas or women whose histories connected them deeply to this work. Through this experience, we became a tight-knit community, gathering each night to process our experiences and try to steel ourselves for the next day. Working 12-hour shifts alongside us were two nuns in their late 70s, and it was one of them who best summed up the experience as we entered the facility one morning. “What is happening here,” she said, “makes me question the existence of God.”

It was a nun who best summed up the experience as we entered the facility one morning. ‘What is happening here,’ she said, ‘makes me question the existence of God.’

I am still in awe of the resilience I witnessed. Many of the women I met had gone for more than two weeks without even knowing where their children were. Most had been raped, tormented, threatened or beaten (and in many cases, all of the above) in their countries (predominantly Honduras and Guatemala). They came here seeking refuge from unspeakable horrors, following the internationally recognized process for seeking asylum. For their “crime,” they were incarcerated with hundreds of other women and children in la hielera (“the freezer,” cold concrete cells with no privacy where families sleep on the floor with nothing more than sheets of Mylar to cover them) or la perrera (“the dog kennel,” where people live in chain link cages). Their children were ripped from their arms, they were taunted, kicked, sprayed with water, fed frozen food and denied medical care. Yet the women I encountered were the lucky ones, because they had survived their first test of will in this country.

Woman after woman described the same scene: During their separation from their children ― before they learned of their whereabouts or even whether they were safe ― the women were herded into a room where Immigration and Customs Enforcement officials handed them papers. “Sign this,” they were told, “and you can see your children again.” The papers were legal documents with which the women would be renouncing their claims to asylum and agreeing to self-deport. Those who signed were deported immediately, often without their children. Those who refused to sign were given sham credible-fear interviews (the first step in the asylum process), for which they were not prepared or even informed of asylum criteria.

The women were distraught, not knowing what ICE had done with their children or whether they would see them again. Their interviews were conducted over the phone, with an interpreter also on the line. The asylum officer would ask a series of canned questions, and often the women could reply only, “Where is my child? What have you done with my child?” or would begin to give an answer, only to be cut off midsentence. Not surprisingly, almost all of them got negative results — exactly the outcome this policy was designed to produce. Still, these women persisted.

After a court battle, my clients were reunited with their children and were fortunate enough to have access to free legal representation (many do not) through the CARA Pro Bono Project. The women arrived looking shell-shocked, tired, determined. Some of their children clung to them, afraid to be apart even for a few minutes, making it very hard for the women to recount their experiences, which often included sexual violence, death threats and domestic abuse. Other children stared into space or slept on plastic chairs, exhausted from sleepless nights and nightmares. Still others ran manically around the legal visitation trailer. But some of the children showed incredible resilience, smiling up at us, showing off the few English words they knew, drawing pictures of mountains, rivers, neat little houses. They requested stickers or coloring pages, made bracelets out of paper clips. We were not allowed to give them anything ― no treats or toys or books. We were not allowed to hug the children or their mothers ― not even when they sobbed uncontrollably after sharing the details of their ordeals.

In the midst of this sadness and chaos, the humanity of these women shined through. One of my clients and her son, who had traveled here from Guatemala, took great pleasure in teaching me words in their indigenous language, Mam. She taught me to say “courageous” ― hao-tuitz ― and whenever our work got difficult, we would return to this exhortation. These lessons were a welcome break from reviewing the outline of the experiences that drove them to leave, fleshing it out with details for their interview. They wearied of my pressing them to remember facts I knew the asylum officer would ask about. They wanted only to say that life is very hard for indigenous people, that their knowledge of basic Spanish was not enough to make them equal members of society. Mam is not taught in schools, and almost everyone in Guatemala looks down on those who speak it. They were so happy to have a licenciada (college graduate) interested in learning about their culture. We spent almost an hour finding their rural village on Google Earth, zooming in until we could see pictures of the landscape and the people. As we scrolled through the pictures on the screen, they called out the people by name. “That’s my aunt!” and “There’s my cousin!” There were tears of loss but mostly joy at recognizing and feeling recognized ― seen by the world and not just dismissed as faceless criminals.

A diabetic woman who had not had insulin in over a week dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement.

There were stories of the astonishing generosity of people who have so little themselves. One colleague had a client who had been kidnapped with her daughter and another man by a gang while traveling north from Guatemala. The kidnappers told the three to call their families, demanding $2,000 per person to secure their release. The woman was certain she and her daughter were going to die. Her family had sold, mortgaged and borrowed everything they could to pay for their trip. They had never met the man who was kidnapped with them. She watched as he called his family. “They’re asking for $6,000 for my release,” she said he told them. He saved three lives with that phone call. When they got to the U.S.-Mexico border, they went separate ways, and she never saw him again, never knew his last name.

Not everything I heard was so positive. Without exception, the women described cruel and degrading treatment at the hands of ICE officials at the Port Isabel immigrant processing center, near Brownsville, Texas. There was the diabetic woman who had not had insulin in over a week and dared to ask for medical attention, an infraction for which she was stripped naked and thrown in solitary confinement. Women reported being kicked, screamed at, shackled at wrists and ankles and told to run. They described the cold and the humiliation of not having any privacy to use the bathroom for the weeks that they were confined. The children were also kicked, yelled at and sprayed with water by guards, then awoken several times a night, ostensibly so they could be counted.

Worse than the physical conditions were the emotional cruelties inflicted on the families. The separation of women from small children was accomplished by force (pulling the children out of their mothers’ arms) or by deceit (telling the women that their children were being taken to bathe or get medical care). Women were told repeatedly that they would never see their children again, and children were told to stop crying because they would never see their mothers again. After the children were flown secretively across the country, many faced more cruelty. “You’re going to be adopted by an American family,” one girl was told. Some were forced to clean the shelters they were staying in and faced solitary confinement (el poso) if they did not comply. Children were given psychotropic drugs to ameliorate the anxiety and depression they exhibited, without parental permission. One child underwent surgery for appendicitis; he was alone, his cries for his mother were disregarded, and she was not notified until afterward.

The months of limbo in which these women wait to learn their fate borders on psychological torture. Decisions seem arbitrary, and great pains are taken to keep the women, their lawyers and especially the press in the dark about the government’s actions and rationales for decisions. One woman I worked with had been given an ankle bracelet after receiving a positive finding at her credible fear interview. Her asylum officer had determined that she had reason to fear returning to her country and granted her freedom while she pursues legal asylum status. Having cleared this hurdle, she boarded a bus with others to be released, but at the last moment, she was told her ankle bracelet needed a new battery. It was removed, and she was sent instead to a new detention center without explanation. A reporter trying to cover the stories of separated families told me about her attempt to follow a van full of prisoners on their way to be reunited with their children so that she could interview them. First ICE sent two empty decoy vans in different directions, and then it sent a van with the detainees speeding down a highway, running red lights to try to outrun her. Every effort is being made to ensure that the public does not know what is happening.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped.

The accounts of the horrors that women were fleeing are almost too graphic to repeat. Of the many women I spoke to, only one did not report having been raped. The sexual assaults the women described often involved multiple perpetrators, the use of objects for penetration and repeated threats, taunting and harassment after the rape. A Mormon woman I worked with could barely choke out the word “rape,” much less tell anyone in her family or community what had happened. Her sweet, quiet daughter knew nothing of the attack or the men who stalked the woman on her way to the store, promising to return. None of the women I spoke with had any faith that the gang-ridden police would or could provide protection, and police reports were met with shaming and threats. Overwhelmingly, the women traveled with their daughters, despite the increased danger for girls on the trip, because the women know what awaits their little girls if they stay behind. Sometimes the rapes and abuse were at the hands of their husbands or partners and to return home would mean certain death. But under the new directives issued by Attorney General Jeff Sessions, domestic violence is no longer a qualifying criterion for asylum.

Two things I experienced during my time in Dilley made the purpose of the detention center crystal clear. The first was an interaction with an employee waiting in line with me Monday morning to pass through the metal detector. I asked if his job was stressful, and he assured me it was not. He traveled 80 minutes each day because this was the best-paid job he could get, and he felt good about what he was doing. “These people are lucky,” he told me, “They get free clothes, free food, free cable TV. I can’t even afford cable TV.” I did not have the presence of mind to ask him if he would give up his freedom for cable. But his answers made clear to me how the economy of this rural part of Texas depends on prisons. The second thing that clarified the role of the detention center was a sign in the legal visitation trailer, next to the desk where a guard sat monitoring the door. The sign read, “Our stock price today,” with a space for someone to post the number each day. The prison is run by a for-profit corporation, earning money for its stockholders from the incarceration of women and children. It is important to note the exorbitant cost of this cruel internment project. ICE puts incarceration costs at $133 per person per night, while the government could monitor them with an ankle bracelet for $10 to $15 a day. We have essentially made a massive transfer of money from taxpayers to holders of stock in private prisons, and the women and children I met are merely collateral damage.

I have been back home for almost a month now. I am finally able to sleep without seeing the faces of my clients in my dreams, reliving their stories in my nightmares. I have never held my family so tight as I did the afternoon I arrived home, standing on the sidewalk in tears with my 7-year-old in my arms. I am in constant contact with the women I volunteered with, sharing news stories about family detention along with highlights of our personal lives. But I am still waiting for the first phone call from a client. I gave each of the women I worked with my number and made them promise to call when they get released. I even told the Mormon woman that I would pray with her. No one has called.

I comb the details of the Dilley Dispatch email, which updates the community of lawyers and volunteers about the tireless work of the on-the-ground team at Dilley. This week the team did 379 intakes with new clients and six with reunified families. There were three deportations ― two that were illegal and one that was reversed by an ACLU lawsuit. Were the deported families ones I worked with? What has become of the Mam-speaking woman and her spunky son, the Mormon woman and her soft-spoken daughter, the budding community organizer who joked about visiting me? Are they safely with relatives in California, North Carolina and Ohio? In each case, I cannot bear to imagine the alternative, the violence and poverty that await them. I have to continue to hope that with the right advocates, some people can still find refuge here, can make a new life ― that our country might live up to its promises.

Catherine Powers is a middle school social studies teacher. She lives in Colorado with her wife and two daughters.

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

Yes, every Administration has used and misused immigration detention to some extent. I’ll have to admit to spending some of my past career defending the Government’s right to detain  migrants.

But, no past Administration has used civil immigration detention with such evil, racist intent to penalize brown-skinned refugees, primarily abused women and children from the Northern Triangle, so that that will not be able to assert their legal and Constitutional rights in America and will never darken our doors again with their pleas for life-saving refuge. And, as Catherine Powers points out, under Trump and Sessions the “credible fear” process has become a total sham.

Let’s face it! Under the current White Nationalist Administration we indeed are in the process of “re-creating 1939” right here in the USA.  If you haven’t already done so, you should check out my recent speech to the International Association of Refugee and Migration Judges entitled  “JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS” http://immigrationcourtside.com/just-say-no-to-1939-how-judges-can-save-lives-uphold-the-convention-and-maintain-integrity-in-the-age-of-overt-governmental-bias-toward-refugees-and-asylum-seekers/

Even in the “Age of Trump & Sessions,’ we still have (at least for now) a Constitution and a democratic process for removing these grotesquely unqualified shams of public officials from office. It starts with removing their GOP enablers in the House and Senate.

Get out the vote in November to oust the GOP and restore humane, Constitutional Government that respects individuals of all races and genders and honors our legal human rights obligations. If decent Americans don’t act now, 1939 might be here before we know it!

Due Process Forever!

PWS

08-24-18

 

JASON DZUBOW @ THE ASYLUMIST: IMMIGRATION PROVOCATEUR STEPHEN MILLER ISN’T A HYPOCRITE – HE’S EXACTLY WHAT HE CLAIMS TO BE: A Xenophobic Bigot!

http://www.asylumist.com/2018/08/20/stephen-miller-is-not-a-hypocrite/

Stephen Miller Is Not a Hypocrite

If you follow the news about immigration, you probably know Stephen Miller. He’s a Senior Policy Advisor to President Trump, and he’s supposedly the nefarious driving force behind many of the Administration’s most vicious anti-immigrant policies.

Last week, Dr. David S. Glosser–Mr. Miller’s uncle and a retired neuropsychologist who volunteers with refugees–penned a powerful article refuting his nephew’s raison d’etre: Stephen Miller Is an Immigration Hypocrite. I Know Because I’m His Uncle. The article discusses the immigration history of Mr. Miller’s family, and points out that the policies espoused by Mr. Miller would have prevented his own ancestors from escaping persecution in Europe. Here’s Dr. Glosser’s money shot:

Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human. Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews. Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. Most of these immigrants became workers, entrepreneurs, scientists and soldiers of America.

Can you guess which one is Stephen Miller?

It’s a powerful piece, in part because of Dr. Glosser’s relationship to Stephen Miller, and in part due to the juxtaposition of these two men. Dr. Glosser speaks from his personal experience dealing with refugees. He sees the story of his parents and grandparents in the stories of modern-day refugees. He has absorbed the lessons of the past, particular with regard to ethnic and religious demonization. Mr. Miller, on the other hand, seems inured to the suffering of his fellow humans and immune to the lessons of history. I have never heard him articulate a fact-based justification for his cruel policies. But he persists in advocating for those policies nevertheless. Mr. Miller’s background and how it influences (or fails to influence) his thinking are important questions, as is the “grim historical irony” of his views.

Here, however, I want to discuss a different question: Is it accurate to call Mr. Miller and the President hypocrites because their policies would have blocked their own ancestors from immigrating to the United States? A second, perhaps more important question, is this: Why does the first question matter?

A hypocrite is a person who pretends to be something that he is not. It’s an epithet often used for politicians who claim to be virtuous and honest, but who, in reality, are the opposite. The word derives from the Greek “hypokrites,” which means “actor,” and there’s a long and rich history of contempt for hypocritical politicians (Dante, for example, relegates the hypocrites to the eight circle of hell, which is pretty close to the bottom).

I don’t think that Mr. Miller or Mr. Trump are hypocrites simply because their immigration policies would have blocked their own ancestors from coming to the U.S. They may be bigots and bullies, whose policies are based more on falsehood than fact, but that is not hypocrisy. Indeed, Mr. Trump has repeatedly articulated his disdain for Muslims, Mexicans, people from “shit-hole countries,” etc., and so the fact that he enacts policies to exclude such people seems perfectly consistent with his world view. He and Mr. Miller may hold ignorant and racist views, but that does not make them hypocrites.

Why does any of this matter?

Aside from the fact that words should be used properly (or as Inigo Montoya might say, “You keep using that word. I do not think it means what you think it means”), it seems wrong to try to limit what people can do by shaming them as hypocrites based on their ancestry. Is the decedent of slave owners a hypocrite if she supports Affirmative Action? Would a Native American be a hypocrite if he became an immigration lawyer? Is the daughter of a candy store owner acting hypocritically if she becomes a dietician? You get my point. We are who we are because of, and in spite of, our progenitors. But I don’t think we should be condemned for the choices we make that are not consistent with the choices they made.

Further, with regards to a complex topic like immigration policy, labels such as “hypocrite” seem inapplicable and designed to shut down–rather than encourage–discussion. Even a person who personally benefited from U.S. refugee policy, for example, has a right to oppose the admission of additional refugees. Economic and political circumstances change, as does the population of refugees seeking admission to our country. Maybe you support admitting some types of refugees (those like you) and oppose admitting others. Such a position is likely based on ignorance of “the other,” but I don’t think it is necessarily hypocritical.

So condemn Mr. Miller for his bigotry and his lies. Call out the irony of his policies, which would have blocked his own ancestors from finding refuge in our country. But don’t call Stephen Miller a hypocrite. Sadly, he is exactly what he purports to be.

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

I personally think that racist, White Nationalist, and White Supremacist, as well as disingenuous are the best terms to describe Miller. And, it’s no coincidence that he once worked for Jeff Sessions.

 

PWS 08-23-18

PROFESSOR MAUREEN SWEENEY ON WHY THE BIA DOESN’T DESERVE “CHEVRON” DEFERENCE – JEFF SESSIONS’S ALL OUT ATTACK ON THE INDEPENDENCE OF THE IMMIGRATION JUDICIARY IS EXHIBIT 1!

http://lawprofessors.typepad.com/immigration/2018/08/immigration-article-of-the-day-enforcingprotection-the-danger-of-chevron-in-refugee-act-cases-by-mau.html

Go on over to ImmigrationProf Blog at the  above link for all of the links necessary to get the abstract as well as the full article. Among the many current and former Immigration Judges quoted or cited in the article are Jeffrey Chase, Ashley Tabaddor, Dana Marks, Lory Rosenberg, Robert Vinikoor, and me. (I’m sure I’m missing some of our other colleagues; it’s a very long article, but well worth the read.)

In an article full of memorable passages, here is one of my favorites:

Full enforcement of the law requires full enforcement of provisions that grant protection as well as provisions that restrict border entry. This is the part of “enforcement” that the Department of Justice is not equipped to fully understand. The agency’s fundamental commitment to controlling unauthorized immigration does not allow it a neutral, open position on asylum questions. The foundational separation and balance of powers concerns at the heart of Chevron require courts to recognize that inherent conflict of interest as a reason Congress is unlikely to have delegated unchecked power on refugee protection to the prosecuting agency. In our constitutional structure, the courts stand as an essential check on the executive power to deport and must provide robust review to fully enforce the congressional mandate to protect refugees. If the courts abdicate this vital function, they will be abdicating their distinctive role in ensuring the full enforcement of all of our immigration law—including those provisions that seek to ensure compliance with our international obligations to protect individuals facing the danger of persecution.

This is a point that my friend and colleague Judge Lory Rosenberg made often during our tenure together on the BIA. All too often, her pleas fell on deaf ears.

The now abandoned pre-2001 “vision statement” of EOIR was “to be the world’s best administrative tribunals, guaranteeing fairness and due process for all.” Nothing in there about “partnering” with DHS to remove more individuals, fulfilling quotas, “sending messages to stay home,” securing the border, jacking up volume, deterring migration, or advancing other politically motivated enforcement goals. Indeed, the proper role of EOIR is to insure fair and impartial adjudication and Due Process for individuals even in the face of constant pressures to “just go along to get along” with a particular Administration’s desires to favor the expedient over the just.

Under all Administrations, the duty to insure Due Process, fairness, full protections, and the granting to benefits to migrants under the law is somewhat shortchanged at EOIR in relation to the pressure to promote Executive enforcement objectives. But, the situation under the xenophobic, disingenuous, self-proclaimed “Immigration Enforcement Czar” Jeff Sessions is a true national disgrace and a blot on our entire legal system. If Congress won’t do its job by removing the Immigration Courts from the DOJ forthwith, the Article III courts must step in, as Maureen suggests.

PWS

08-23-18

TRUMP ADMINISTRATION PLANS TO KILL 1,400 AMERICANS! — Is Anyone Paying Attention?

https://www.vanityfair.com/news/2018/08/trump-coal-plan-will-kill-1400-americans-a-year

Bess Levin writes for Vanity Fair:

Last week, we learned that Donald Trump’scoal-loving administration was set to release a proposal that would allow coal-burning plants to flood the planet with greenhouse gas emissions, raising a giant middle finger to the killjoy tree-huggers who insist on protecting the environment and human health through silly little things like government regulations. Whereas Barack Obama’s 2015 Clean Power Plan would have caused a shift toward less-dirty energy sources like wind, natural gas, and solar, the White House’s plan would prop up coal plants by giving states free rein to come up with their own rules, or letting them petition to opt out of regulations altogether. On Tuesday, the administration officially unveiled the proposal, and as it turns out, it’s not as bad as everyone feared—it’s much, much worse, if one considers the deaths of 1,400 Americans and the hastened demise of the planet to be “worse.”

The New York Times [reports] that, buried within 289 pages of technical analysis, the Environmental Protection Agency casually notes that under the scenario individual states are most likely to follow in order to comply with Trump’s hilariously titled “Affordable Clean Energy rule,” between 470 and 1,400 premature deaths will occur each year by 2030 due to “increased rates of microscopic airborne particulates known as PM 2.5.” On the flip side, Obama’s Clean Power Plan was expected to prevent between 1,500 and 3,600 premature deaths annually by 2030, but that guy’s a law-flouting Commie, so screw him. In addition, the Trump administration’s own analysis concludes that its plan would cause 48,000 new cases of “exacerbated asthma” and a minimum of 21,000 missed school days a year by 2030 due to ozone-related illnesses. By contrast, the plan it is replacing would have resulted in a significant drop in new instances of asthma and 180,000 fewer missed school days annually.

But breathing, going to school, and a normal life-expectancy are obviously for losers, which is presumably why William Wehrum, the acting administrator of the E.P.A.’s Office of Air and Radiation, simply referred to the plan’s downsides as “collateral effects” in a comment to the Times; he also said that the administration has “aggressive programs in place that directly target emissions of those pollutants.” (Incidentally, Wehrum spent much of the past 10 years working to destroy air-pollution rules as a lawyer representing—wait for it—coal-burning power plants, chemical manufacturers, oil drillers, and refineries. He was able to so seamlessly transition to weakening air-pollutant rules from within the E.P.A. thanks to “a quirk in federal ethics rules [that] limit the activities of officials who join the government from industry [but are] less restrictive for lawyers than for officials who had worked as registered lobbyists.”)

Speaking of premature deaths, Trump is apparently super concerned about them—not when they happen to humans, of course, but to birds, whose early demise he vastly overestimated last night in a characteristically crazy, off-the-rails speech decrying wind turbines and other forms of energy that both cost and pollute less than coal. Quoth the man who is somehow the president of the United States:

You can blow up a pipeline, you can blow up the windmills. You know, the wind wheels [mimics windmill noise, mimes shooting gun], “Bing!” That’s the end of that one. If the birds don’t kill it first. The birds could kill it first. They kill so many birds. You look underneath some of those windmills, it’s like a killing field, the birds. But uh, you know, that’s what they were going to, they were going to windmills. And you know, don’t worry about wind, when the wind doesn’t blow, I said, “What happens when the wind doesn’t blow?” Well, then we have a problem. O.K. good. They were putting him in areas where they didn’t have much wind, too. And it’s a subsidary [sic]—you need subsidy for windmills. You need subsidy. Who wants to have energy where you need subsidy? So, uh, the coal is doing great.

Really, what else is there to add?

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

Read the rest of the Levin Report at the link.

I suppose with a President who favors KGB vet Putin over our intelligence officers, is dodging criminal charges for payoffs to an adult entertainment star and a Playboy model, and surrounds himself with family members, criminals, grifters, and wingnut ideologues, deciding to sacrifice 1,400 Americans to promote a dying industry that damages the health and welfare of its employees is sort of “below the radar screen.”

But, it’s on the screen over here at “courtside.”

PWS

08-23-18

RIGHT WING APOLOGISTS DOUBLE DOWN ON LIES AND MYTHS AS TRUMP ADMINISTRATION SINKS DEEPER INTO THE QUICKSAND! — “On cue, conservatives pulled out every single pro-Trump defense they had concocted over the past two years.”

https://www.vanityfair.com/news/2018/08/right-wing-response-michael-cohen-paul-manafort-convictions?mbid=nl_CH_5b7dac2bf9a65f4b9ec05fbd&CNDID=48297443&spMailingID=14112614&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1462003727&spReportId=MTQ2MjAwMzcyNwS2

Tina Nguyen writes in Vanity Fair:

Just hours after Michael Cohen, Donald Trump’s former personal lawyer, pled guilty to violating campaign-finance law on behalf of an unnamed political candidate in 2016, and Paul Manafort, his former campaign manager, was convicted of eight counts of financial fraud, Trump was firmly ensconced in the safe space of a political rally in West Virginia, greeted by comforting chants of “Lock her up!” For the next few hours, the president studiously avoided mentioning the two men who may very well have thrown his political future into jeopardy, freewheeling instead about “no collusion” before a crowd that would accept—and even repeat—virtually anything he said. Yet even as the president pontificated, his right-wing allies found themselves in the uncomfortable position of being forced to fill his silence. Blindsided by not one, but twodamning convictions, they did the only thing they could: everything. “There are a lot of lines of defense that are being wheeled out right now,” Right Wing Watch’s Jared Holt observed to me. “It feels very much like throwing things at the wall and seeing what sticks.”

On cue, the right’s public-facing side pulled out every single pro-Trump defense it had concocted over the past two years. Within an hour of the verdicts breaking, The Five’s Greg Gutfeld was aggressively dismissing Cohen and Manafort as “two men who most Americans don’t know their names.” Fox Business’s Maria Bartiromo went after Hillary Clinton, saying Tuesday morning that Robert Mueller’s probe had no legitimacy unless the former Democratic presidential candidate was likewise investigated for the infamous Steele dossier. A shrewder group of Republicans converged on the seeming lack of Russia-related convictions in the Manafort trial, putting their disavowals on hold: “Thus far, there have yet to be any charges or convictions for colluding with the Russian government by any member of the Trump campaign,” Senator Lindsey Graham said in a statement, in one of the more measured defenses coming out of the Republican Party. The line made its way into the official G.O.P. defense, according to notes that a surrogate texted to reporter Josh Dawsey.

A less artful group of Trump supporters deployed a different line of logic: if the Manafort convictions carried no mention of Russia, then the media’s Russia-meddling narrative was, ipso facto, false, and Trump was therefore innocent (never mind the fact that a second Manafort trial, centering around the former G.O.P. operative’s extensive work in Russia and the Ukraine, is set to begin in D.C. in less than a month). “So all this legal activity strange I see no ‘Russian collusion’ in any breaking news,” tweeted Matt Schlapp, chairman of the American Conservative Union and the husband of White House communications director Mercedes Schlapp. “Odd.” Still others, said Holt, went further off the deep end, asserting that the Justice Department was being “run as part of a conspiracy theory,” and the trial wasn’t proof of the “Russian hacking narrative’s” veracity.

Almost simultaneously, a large segment of Trump’s diehard, MAGA-oriented allies began pushing the story of Mollie Tibbetts, a college student who was allegedly murdered by an undocumented immigrant. The lead story on Fox News’s home page was dedicated exclusively to the case, as was Breitbart’s, while MAGA wunderkinds Charlie Kirk,Candace Owens, and Tomi Lahren all tweeted that Tibbetts’s story ought to be top-line news, and lamented the “liberal media’s” preoccupation with Manafort and Cohen.

Fox and Friends simply ignored the convictions altogether in favor of discussing Tibbetts, along with kneeling N.F.L. protesters, and Andrew Cuomo’s recent gaffes. Though the outpouring could be read as spontaneous, it could not have come at a more convenient time—as former speaker Newt Gingrich put it to Axios, “If Mollie Tibbetts is a household name by October, Democrats will be in deep trouble. If we can be blocked by Manafort-Cohen, etc., then G.O.P. could lose [the House] badly.”

Behind the scenes, Republicans reportedly wrung their hands, increasingly concerned that the two cases, and Cohen’s in particular, could herald the president’s doom. “The verdict in the Manafort trial isn’t nearly as worrisome to me as the Cohen agreement and the Cohen statement,” former Trump adviser Michael Caputo told Politico. “It’s probably the worst thing so far in this whole investigation stage of the presidency.” “There was political momentum building to wrap up the Mueller probe soon,” a former administration official fretted to the outlet. “At the very least, in the short term, these two developments will pretty significantly bolster the office of the special counsel and people’s perceptions of it.” The perception, it seems, is widespread:

Nearly a dozen people close to the president, including current and former White House aides, acknowledged that Tuesday was one of the darkest days of Trump’s year and a half in office. And they worried that the revelations—even if they are unrelated to allegations of collusion with Russia—could lend new credence to the Mueller probe, even after the president’s allies spent months undercutting public faith in the investigation.

A close Trump friend confessed to Axios that they are “a bit concern[ed] about what he would do fully backed into a corner.” And a “usually buoyant outside West Wing adviser” read the tea leaves, noting, “Booming economy, robust bull market, troops in harm’s way but not in a large-scale war. And yet the president is enmeshed in a series of scandals and controversies . . . and that is before the Dems in the House start with the investigations.”

But by Wednesday morning, the G.O.P.’s fearless leader had returned from West Virginia and thrown himself back into the fray, making it clear what he wanted his followers to do: hail Manafort as a “brave man” who escaped 10 counts but fell victim to the Russia “witch hunt;” and jeer Cohen, the bad lawyer who pled guilty to things that were “not a crime.” “Whenever Trump tweets out what could be perceived as the official response, that tends to take over,” Holt said. “I wouldn’t be surprised to see if that becomes the primary line of defense.”

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

There’s only going to be one “right side of history” on this one. And, Trump and his supporters won’t be on it.

PWS

08-22-18

NYT EDITORIAL: “DON’S CONS” — TRUMP TAKES CORRUPTION TO A NEW LEVEL!

https://www.nytimes.com/2018/08/21/opinion/manafort-cohen-guilty.html?em_pos=large&emc=edit_ty_20180822&nl=opinion-today&nlid=79213886edit_ty_20180822&ref=headline&te=1

All the President’s Crooks

One of them, Mr. Trump’s own lawyer, has now implicated him in a crime.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

Image
Michael Cohen and Paul Manafort.CreditLeft, Jeenah Moon for The New York Times; right, Zach Gibson/Bloomberg, via Getty Images

From the start of the Russia investigation, President Trump has been working to discredit the work and the integrity of the special counsel, Robert Mueller; praising men who are blatant grifters, cons and crooks; insisting that he’s personally done nothing wrong; and reminding us that he hires only the best people.

On Tuesday afternoon, the American public was treated to an astonishingsplit-screen moment involving two of those people, as Mr. Trump’s former campaign chief was convicted by a federal jury in Virginia of multiple crimes carrying years in prison at the same time that his longtime personal lawyer pleaded guilty in federal court in New York to his own lengthy trail of criminality, and confessed that he had committed at least some of the crimes “at the direction of” Mr. Trump himself.

Let that sink in: Mr. Trump’s own lawyer has now accused him, under oath, of committing a felony.

Only a complete fantasist — that is, only President Trump and his cult — could continue to claim that this investigation of foreign subversion of an American election, which has already yielded dozens of other indictments and several guilty pleas, is a “hoax” or “scam” or “rigged witch hunt.”

Related in Opinion
Opinion | Noah Bookbinder, Barry Berke and Norman L. Eisen
What the Manafort Verdict Means

Opinion | Ken White
Can Michael Cohen Bring Down Trump?

The conviction of Paul Manafort, who ran the Trump campaign for three months in 2016, was a win for prosecutors even though jurors were unable to reach a verdict on 10 of the 18 counts against him. On the other eight, which included bank fraud, tax fraud and a failure to report a foreign bank account, the jury agreed unanimously that Mr. Manafort was guilty. He is scheduled to go on trial in a separate case next month in Washington, D.C., on charges including money laundering, witness tampering, lying to authorities and failing to register as a foreign agent. Mr. Manafort faces many decades behind bars, although he will probably serve less than that under federal sentencing guidelines.

A few hundred miles to the north, in New York City, Michael “I’m going to mess your life up” Cohen stood before a federal judge and pleaded guilty to multiple counts of bank and tax fraud as well as federal campaign-finance violations involving hush-money payments he made to women who said they’d had sex with Mr. Trump. Mr. Cohen, who spent years as Mr. Trump’s personal lawyer and “fix-it guy” (his own words), was under investigation by federal prosecutors in Manhattan, to whom Mr. Mueller referred his case. In April, F.B.I. agents raided Mr. Cohen’s office, home and hotel room looking for evidence of criminality on a number of fronts. Apparently they found it.

Mr. Cohen didn’t agree at Tuesday’s hearing to cooperate with prosecutors, but if he eventually chooses to, that could spell even bigger trouble for Mr. Trump. Mr. Cohen has been involved in many of Mr. Trump’s dealings with Russia, including his aborted effort to build a Trump Tower in Moscow, and could shed light on connections between the Trump presidential campaign and Russian officials involved in the 2016 election interference.

But back to Tuesday’s news. Mr. Manafort was not an original target of the inquiry by Mr. Mueller, who was appointed in May of last year to look into possible ties between the Trump campaign and efforts by Russian government officials to interfere in the election. But Mr. Mueller’s mandate authorized him to investigate any other crimes that arose in the course of his work. It didn’t take long. As soon as he and his lawyers started sniffing around, the stench of Mr. Manafort’s illegality was overpowering.

As a longtime lobbyist and political consultant who worked for multiple Republican candidates and presidents, Mr. Manafort had a habit of lying to banks to get multimillion-dollar loans and hiding his cash in offshore accounts when tax time rolled round. In at least one case, he falsely characterized $1.5 million as a loan to avoid paying taxes on it, then later told banks that the loan had been “forgiven” so he could get another loan.

He also enriched himself by working for some of the world’s most notorious thugs and autocrats, including Ferdinand Marcos in the Philippines, Jonas Savimbi in Angola and Mobutu Sese Seko of the Democratic Republic of Congo. He helped elect the pro-Kremlin Viktor Yanukovych as president of Ukraine, a job that earned him millions until Mr. Yanukovych was ousted from power in 2014.

Despite this mercenary history — or perhaps, more disturbingly, because of it — Donald Trump, while running on promises to clean up Washington, hired Mr. Manafort to run his presidential campaign, a job he may well have kept but for news reports that he was receiving and hiding millions of dollars from his work on behalf of Mr. Yanukovych.

What does it tell you about Mr. Trump that he would choose to lead his campaign someone like Mr. Manafort, whom even on Tuesday he called a “good man”? It tells you that Mr. Trump is consistent, and consistently contemptuous of honesty and ethics, because he has surrounded himself with people of weak, if not criminal, character throughout his career.

RELATED
More on Mr. Cohen and Mr. Manafort
Trump Praises Manafort for Refusing to ‘Break,’ Unlike Cohen, His Former Fixer

Cohen and Manafort Are in Deeper Legal Trouble. Mueller Could Benefit.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction

Paul Manafort, Trump’s Former Campaign Chairman, Guilty of 8 Counts

A One-Two Punch Puts Trump Back on His Heels

While the president has so far dodged questions about whether he will pardon Mr. Manafort, he’s already shown a willingness to make a mockery of the justice system with his pardons of unrepentant lawbreakers like Sheriff Joe Arpaio and Dinesh D’Souza. Last year, the president’s lawyer dangled the prospect of a pardon to lawyers for Mr. Manafort and Michael Flynn, Mr. Trump’s first national security adviser. If Mr. Trump were to follow through and grant clemency to Mr. Manafort, it would make his pardon of Mr. Arpaio look like the signing of the Civil Rights Act.

You’re forgiven if you’ve lost track of all the criminality, either charged or admitted, that has burst forth from Mr. Trump’s circles in the last couple years even as Mr. Trump has continued to claim that the investigation is a hoax, a pointless waste of taxpayer dollars. So here’s a brief refresher:

In addition to the prosecution of Mr. Manafort, the special counsel’s office has secured guilty pleas from multiple people, including Mr. Flynn and George Papadopoulos, a foreign policy adviser on the Trump campaign, both of whom lied to federal investigators about their communications with Russian officials.

Others have pleaded guilty to identity fraud and making false statements. Mr. Manafort’s longtime associate Rick Gates also pleaded guilty and testified against his former boss.

Meanwhile, Mr. Mueller has charged more than a dozen Russian individuals and companies for their roles in a coordinated and deceptive social-media campaign aimed at hurting Hillary Clinton’s candidacy and helping Mr. Trump’s. Some Trump campaign officials were unwittingly in contact with some of these defendants.

Mr. Mueller has also charged a dozen Russian military officials with hacking and helping to release emails of the Clinton campaign and the Democratic National Committee. The hackers first tried to break into Mrs. Clinton’s personal servers on July 27, 2016 — the same day that Mr. Trump publicly called on Russians to do exactly that.

And he has charged Konstantin Kilimnik, a Russian associate of Mr. Manafort and a suspected spy, with obstructing justice.

As Mr. Trump rages on about the unfairness of the investigation, remember that Mr. Mueller has been on the job for just 15 months. For comparison, the Watergate investigation ran for more than two years before it brought down a president and sent dozens of people to prison. The Iran contra investigation dragged on for about seven years, as did the Whitewater investigation, which resulted in President Bill Clinton’s impeachment.

Also remember we still don’t know anything about the ultimate fate of several other Trump associates who have been under Mr. Mueller’s microscope, including Roger Stone, Carter Page and Donald Trump Jr. (“If it’s what you say I love it especially later in the summer”).

For a witch hunt, Mr. Mueller’s investigation has already bagged a remarkable number of witches. Only the best witches, you might say.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion), and sign up for the Opinion Today newsletter.

A version of this article appears in print on , on Page A20 of the New York edition with the headline: All the President’s Crooks. Order Reprints | Today’s Paper | Subscribe
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Unfortunately, the Trump Circus is just picking up steam.  We’re sure to be subjected to a “carpet bombing” of lies, tweets, insults, and threats as the Emperor’s clothes come off piece by piece while the emasculated GOP Congress merely sits and watches. And, of course, there will be the “normal” Trump strategy of attempting to shift blame to the victims and away from himself and the other corrupt individuals associated with him. Seems Trumpie owes Stormy (and Melania) an apology
PWS
08-22-18

THE GIBSON REPORT – 08-20-18 — COMPILED BY ELIZABETH GIBSON, ESQ., NY LEGAL ASSISTANCE GROUP – Featured Item: Jeff Sessions Tells Iowa Gathering Of Federal Judges To “Butt Out!” (Item 4)

THE GIBSON REPORT 08-20-18

TOP UPDATES

Attorney General States IJs May Only Grant Continuances “For Good Cause Shown”

The Attorney General (AG) found that an IJ may only grant a continuance “for good cause shown” and outlined the good-cause standard. Further, the AG vacated the Board’s orders declining to entertain these appeals and remanded. Matter of L-A-B-R-, et al., 27 I&N Dec. 405 (A.G. 2018) AILA Doc. No. 18081671. See also Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R-.

 

What will happen to DACA? Federal court cases could lead to an answer.

WaPo: On Friday, U.S. District Judge John D. Bates ruled that the Trump administration does not have to accept new applications for the Deferred Action for Childhood Arrivals program but must continue processing renewals while the future of the program is under appeal.

 

Executive Office for Immigration Review Announces Largest Immigration Judge Investiture Since At Least 2010, Hiring Times Reduced by More Than 50%

EOIR: The Executive Office for Immigration Review (EOIR) on Friday held the investiture of 23 new immigration judges, which increases the total number of immigration judges to 351. Since the end of January 2017, 82 immigration judges have been sworn in, and EOIR anticipates three additional hiring classes this fall that will total at least 75 more immigration judges.

 

Sessions: Federal judges costing taxpayers with immigration rulings

AP: U.S. Attorney General Jeff Sessions told an audience of hundreds of judges and attorneys on Friday that “erroneous rulings” by federal judges have been costly to taxpayers, and he criticized judges who’ve thwarted some of President Donald Trump’s immigration policies.

White House to honor ICE ‘heroes’ after family separation fiasco

Politico: The “Salute to the Heroes of the Immigration and Customs Enforcement and Customs [and] Border Protection” is scheduled for Aug. 20 in the East Room, an administration official confirmed, in the latest signal that the Trump administration anticipates the midterm fallout from its zero-tolerance border policy very differently from its critics.

 

The Trump Administration Is Seeking To Restart Thousands Of Closed Deportation Cases

BuzzFeed: So far this fiscal year, attorneys for Immigration and Customs Enforcement have sought the reactivation of nearly 8,000 deportation cases that had been administratively closed — meaning pushed off the court’s docket. The previous fiscal year, which included nearly four months of the Obama administration, there were nearly 8,400 such requests. The pace of such requests is nearly double that of the last two years of the Obama administration, when there were 3,551 and 4,847 such requests, respectively.

 

Trump’s New Immigration Rule Could Hurt Obamacare Markets

Governing: If a significant number of legal immigrants forgo health insurance, that could have negative ripple effects on so-called Obamacare premiums and on the health-care system as a whole.

 

Online trolls are using immigration as a wedge issue for 2018 midterm elections

LA Times: The nation’s volatile immigration debate has amplified online, researchers warned, and foreign operatives and homegrown trolls are using it as a political wedge ahead of the November elections. The report said the online disinformation campaign was likely to grow more sophisticated, with bad actors tailoring their posts, videos and other content to target communities of color — and to hide who is controlling the message.

 

Citizenship service conspired with ICE to ‘trap’ immigrants at visa interviews, ACLU says

WaPo: According to emails between federal officials unsealed in federal court documents this week, U.S. Citizenship and Immigration Services had been coordinating with ICE to alert the agency when certain immigrants eligible for deportation showed up at the CIS office for routine interviews.

 

Feds Crack Down on Volunteers Helping Migrants Survive the Arizona Desert

ColorLines: Nine humanitarian volunteers are facing federal charges after leaving water bottles for migrants in the Arizona desert. Colorlines talks to members of No More Deaths about their work and the consequences of their solidarity.

 

Millions of Frequent Flier Miles Are Donated to Reunite Families Separated at Border

NYT: Miles4Migrants has partnered with donors and aid organizations to reunite dozens of families on an ad hoc, case-by-case basis. The refugees and asylum seekers they helped had international itineraries…

But this week, flush with more than 28 million newly donated frequent flier miles, the organization is thinking about how to tackle the logistics of reuniting families in the United States.

 

A growing number of California detainees are Indians crossing through Mexico to seek asylum

LA Times: According to immigration officials and attorneys, there has been an increase in recent years of Indian nationals crossing into the U.S. through Mexico — although they represent a small percentage of those detained overall.

 

Detention Is Not the Solution to Family Separation: 15 Years of Government Data Explain Why

AIC: According to a recent study that analyzed 15 years of government data, detention poses significant barriers to justice for asylum-seeking families. The study’s findings also provide further evidence that detaining families seeking protection is unnecessary, costly, and inhumane.

 

Assessing the impact of “Secure Communities”, an Obama-era programme revived by Donald Trump

Economist: Launched in the last year of the George W. Bush administration and expanded under President Barack Obama, Secure Communities was axed in 2014 amid protests that it might be unconstitutional and that it discouraged migrants from co-operating with local law enforcement. Two new papers look at the effects of the programme in its earlier incarnation. They find that it succeeded in its stated goal of removing undocumented workers—but it also reduced access to jobs, health care and nutrition for migrants and citizens alike.

 

Adopted and Undocumented

Intercept: Over the course of six months, The Intercept interviewed more than 25 people who were adopted by U.S. citizens as children but who remain without citizenship, in some cases well into their 40s and 50s. Some no longer reside in the United States, unable to return because of their legal status. Others live with the constant fear of deportation. The majority live as permanent residents, a nebulous status within American immigration law that can be rescinded if an individual commits a crime that falls within a broad range of nonviolent “aggravated felonies,” including burglary and selling drugs.

 

Practice Alert: USCIS Provides Email Address to Report Receipt Numbers Not Recognized in “My Case Status”

On a 2/27/18 Ombudsman’s teleconference, USCIS instructed individuals experiencing problems using “My Case Status” to email myuscissupport@uscis.dhs.gov for assistance. AILA members have reported that USCIS’s website is not recognizing client’s receipt number when entered into the online tool.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Trump Administration Says Deportable Immigrants Can’t Go To The Courts — Even If Their First Amendment Rights Are Violated

Intercept: Is there any court, or indeed, any authority at all outside the executive branch, with the power to protect those activists’ First Amendment rights? No. That was the position articulated by Justice Department lawyers on Tuesday before a panel of judges on the 2nd Circuit Court of Appeals in New York City. The hearing was meant to determine whether the court should issue a stay preventing ICE from deporting just such a figure, Ravi Ragbir, executive director of the New Sanctuary Coalition of New York City, before he has a chance to assert his constitutional claim in federal court.

 

Judge halts mother-daughter deportation, threatens to hold Sessions in contempt

WaPo: federal judge in Washington halted a deportation in progress Thursday and threatened to hold Attorney General Jeff Sessions in contempt after learning that the Trump administration started to remove a woman and her daughter while a court hearing appealing their deportations was underway.

 

‘Shocked and humiliated’: Lawsuits accuse Customs, Border officers of invasive searches of minors, women

CPI: An August 1 Justice Department filing sought to dismiss CBP and individual officers, but not the U.S government, as defendants.  Nevertheless, Lovell’s lawsuit — and 10 others since 2011 reviewed by the Center for Public Integrity — raise timely and unsettling questions about how far border and other immigration officers can go with their considerable power to detain people at the nation’s 328 ports of entry.

 

State probe finds immigrant teens not currently being abused

AP: A state review into the treatment of immigrant teens held at a Virginia detention center confirmed the facility uses restraint techniques that can include strapping children to chairs and placing mesh bags over their heads…But a top state regulator conceded in an interview that investigators did not attempt to determine whether serious allegations of past abuse at the locally run facility are true.

 

DOJ employee who heckled immigration chief didn’t violate rules, agency finds

CNN: A Justice Department employee who heckled DHS Secretary Kirstjen Nielsen at a Washington restaurant and criticized the administration’s immigration policy online did not violate rules against political activity by government workers, a watchdog agency found.

 

An ICE attorney forged a document to deport an immigrant. ICE didn’t care until the immigrant sued.

Slate: The suit finally spurred ICE’s Office of Professional Responsibility to investigate Lanuza’s allegations, which found them credible. In January 2016, prosecutors took action against Love, charging him with deprivation of constitutional rights under color of law. In addition to serving 30 days in jail, he agreed to stop practicing law for 10 years and paid Lanuza $12,000.

 

District Court Judge Orders Reunification of Parents and Children

In a joint status report on the current status of reunification of families with children ages 5- 17, the government stated that 559 children have not been reunified with their family, including 163 children whose parents are outside the United States. (Ms. L, et al., v. ICE, 8/9/18) AILA Doc. No. 18060800

CA5 Rules That Adequacy of Procedures Under INA §360 Precludes APA Relief

Affirming district court’s dismissals, the court rejects plaintiffs’ APA challenge to the deprivation of their U.S. passports—based on allegedly erroneous conclusions that they are not U.S. citizens—finding that INA §360 establishes an adequate alternative remedy. (Hinojosa v. Horn, 5/8/18) AILA Doc. No. 18081335

 

BIA Termination Refiling of Same NTA

Unpublished BIA decision upholds IJ decision terminating proceedings for second time because second NTA contained same charge alleged in first NTA and because DHS failed to submit evidence during the first round of proceedings. Special thanks to IRAC. (Matter of Kurremula, 8/10/17) AILA Doc. No. 18081702

 

BIA Holds Oklahoma Possession with Intent to Distribute Statute Is Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to distribute under 63 Okla. Stat. 2-401-2-420 isn’t an aggravated felony as it requires neither unlawful trading or dealing nor knowledge of the substance’s illicit nature. Special thanks to IRAC. (Matter of Gonzalez, 8/14/17) AILA Doc. No. 18081704

 

BIA Reverses Denial of Motion to Change Venue from Atlanta to Arlington

Unpublished BIA decision reverses denial of motion to change venue from Atlanta to Arlington, noting that the respondent, her attorney, and her witnesses all lived in Virginia. Special thanks to IRAC. (Matter of C-D-L-G-, 7/26/17) AILA Doc. No. 18081502

 

BIA Holds Florida Arson Statute Is Not a Crime of Violence

Unpublished BIA decision holds that arson under Fla. Stat. 806.01(2) is not a crime of violence under 18 USC §16 because it prohibits the intentional causing of a fire or explosion against one’s own property. Special thanks to IRAC. (Matter of Kotowski, 7/27/17) AILA Doc. No. 18081503

 

BIA Holds Texas Statute Is Not Sexual Abuse of a Minor

Unpublished BIA decision holds that indecency with a child under Tex. Penal Code 21.11(a)(1) is not sexual abuse of a minor because it criminalizes sexual contact with 16-year-old victims. Special thanks to IRAC. (Matter of C-M-O-G-, 7/31/17) AILA Doc. No. 18081630

 

BIA Holds Arizona Statute Is Not a Firearms Offense

Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(A)(4) is not a firearms offense because it prohibits possession knives and nunchaku. Special thanks to IRAC. (Matter of R-S-A-, 7/25/17) AILA Doc. No. 18081405

BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor

Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17) AILA Doc. No. 18081404

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

DHS Issues Statement from Press Secretary on July 2018 Border Numbers

DHS issued a statement regarding the July 2018 border migration numbers, stating “DHS is continuing to refer to DOJ single adult illegal border crossers for prosecution at historic rates.” AILA Doc. No. 18081333

 

EOIR Provides Comparison Chart of In Absentia Rates

EOIR provides a comparison chart of in absentia rates from FY2014 through FY2018 (through 6/30/18). AILA Doc. No. 18081730

 

Bipartisan Senate Report on UACs Finds Agencies Haven’t Taken Sufficient Responsibility

The Senate Permanent Subcommittee on Investigations issued a report, finding that HHS and DHS have taken steps towards improving the care of UACs, but that they “still do not take sufficient responsibility for guarding their safety and ensuring they appear at their immigration court proceedings.” AILA Doc. No. 18081771

 

USCIS Performance Data on All Form Types for FY2018

USCIS statistics on all USCIS form types for the first and second quarter of FY2018, broken down by category (family, employment, humanitarian, citizenship and naturalization, and “other”), as well as by case status (received, approved, denied, pending). AILA Doc. No. 18051031

 

RESOURCES

 

EVENTS

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

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Wow! Sessions’s overt contempt for the Federal Judiciary continues to astonish! Perhaps that’s one of the reasons why he loses so many cases in the Federal Courts, even though the deck is generally stacked in favor of the Government because of judicial “deference” to agency interpretations.

Sorry, Jeff, but just because there are “three equal branches of government,” does it mean they exercise equal authority in all situations. To the contrary, the role of the Federal Courts is to insure that the laws enacted by Congress are Constitutional and that the Executive acts within the laws and the Constitution. That’s basic Marbury v. Madison.

Time and time again, the Article IIIs have found that Trump and Sessions are misusing their statutory authority and violating the Constitution with their immigration actions. Even the “vindication” in Trump v. Hawaii came only after plaintiffs and lower Federal Courts had forced the Administration to narrow the scope of the Executive Orders (twice) to make them at least arguably legal, according to a narrow majority of the Supremes.

Even recent Trump appointee, Justice Neil Gorsuch,  hardly known as a civil libertarian, sounded like a bastion of moderation, common sense, humanity, and Constitutional scholarship by comparison with Sessions “over the top” chastisement of the judiciary:

“I think that the right to have an independent judge tell you what the law is, no matter who you are, is one of the great liberties and genius of the constitutional design,” Gorsuch said. “It’s something that’s very real today for the immigrant, the criminal defendant, the unpopular, the minority.”

The most telling comment was delivered by community organizer Matthew Covington who said quite accurately: “Sessions has not been kind to any marginalized group and has actively undermined voting rights.” What a sad commentary on a man who violates his oath of office to uphold the Constitution and protect the rights of everyone in America (not just Trump’s White Nationalist base) every day he is in office.

PWS

08-22-18

AIC: DATA IN NEW REPORT CLEARLY SHOWS THAT FAMILY DETENTION DIMINISHES DUE PROCESS WITHOUT OFFSETTING POSITIVES – So, Why Do Administrations Of Both Parties Keep Resorting To, & Even “Doubling Down On” This Expensive, Wasteful, & Repugnant Practice?

http://immigrationimpact.com/2018/08/16/detention-family-separation-government-data/#disqus_thread

Tory Johnson reports in Immigraton Impact:

In the wake of the government separating thousands of asylum-seeking families, the Trump administration has scrambled to reunite families. In place of family separation, the administration is pursuing the expansion of an equally horrific practice: holding families in detention camps. This practice has sadly persisted in the United States since 2001.

Neither option—separation or detention—is suitable for families. According to a recent study that analyzed 15 years of government data, detention poses significant barriers to justice for asylum-seeking families. The study’s findings, released this week in a report from the American Immigration Council, provide further evidence that detaining families seeking protection is unnecessary, costly, and inhumane.

The United States currently detains more asylum-seeking families than any nation in the world—even without the expansion proposed by the current administration. This practice has skyrocketed since 2001, when the United States began operating the first detention center to exclusively hold families. But what do we know about the impact of detaining families?

Until now, there was little information about how detained families fare in the immigration court process and what barriers they face in pursuing their asylum claims. “Detaining Families: A Study of Asylum Adjudication in Family Detention” is the first empirical study of family detention and the U.S. immigration court process. The report presents the analysis of government records from more than 18,000 immigration proceedings initiated between fiscal years 2001 and 2016, which involved families held in one of five family detention centers in the United States.

The findings detailed in the report are vital as the government weighs policies that affect asylum seekers and the immigration courts. The report reveals that over the course of 15 years, the United States relied on—and overused—detention in various ways to imprison families seeking asylum, sometimes for prolonged periods.

The thousands of family members included in the study faced serious barriers accessing the court system and a fair asylum process. Notably, the report finds that access to legal representation is limited in detention and in fast-track removal proceedings. Having counsel is critical when navigating the U.S. immigration system—and may be the difference between life and death for an asylum seeker.

These hurdles are particularly concerning given the findings from the period studied (2001 to 2016), which show that families pursue viable claims for protection and had increased representation when released from detention.

Specifically, the main findings discussed in the report include:

  • Family members who were released from detention had high compliance rates; the overwhelming majority (86 percent) of family members released from detention showed up for their court hearings.
  • Representation increased among family members who were released from detention; 76 percent of released family members were represented by counsel at their most recent merits hearing, whereas only 47 percent of family members who remained detained had counsel.
  • Family members who were released from detention and obtained counsel had a relatively high rate of success in their completed cases; 49 percent of released family members with counsel successfully obtained relief from removal. This rate dropped significantly for unrepresented family members who remain detained—only 8 percent had the same success in their cases.

In addition, the report reveals the important role that the immigration courts can play in maintaining due process in asylum proceedings. While the courts are vulnerable to variability based on different jurisdictions, they serve as a vital check on the detention decisions of immigration officials. For example, in the period studied, Immigration and Customs Enforcement (ICE) officers issued initial custody decisions that unnecessarily prolonged the detention of families. These decisions were regularly overturned after immigration judges found that family members were eligible for release.

The study adds to mounting evidence against family detention, underlining the fact that detaining families is unnecessary, costly, and inhumane. In contrast, the study’s findings provide strong support for different policy choices—ones that uphold access to justice for families and respect a system with checks and balances.

As a country, we must choose policies in line with our values and end the horrible practice of detaining families. Family unity does not, and should not, require imprisonment.

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One obvious answer as to why this horrible and counterproductive practice remains prevalent across Administrations of both parties: although punishment, deterrence, and “sending messages” are not appropriate reasons for immigration detention, that’s what’s really at work here. Even though there is little or no documentable “deterrent value” to such detention, Administrations of both parties like to send “hard-line border enforcement” messages to certain constituencies. Add to that individuals and entities from both parties who stand to profit from immigration detention, and you have a prescription for a major disaster.  Not surprisingly, that’s exactly what overuse of immigration detention has been!

Ironically, the Trump Administration’s widespread public misuse of immigration detention has focused public attention on its immorality and wastefulness, and therefore might ultimately lead to the curtailment of the practice.

PWS

08-20-18

R.I.P. ARETHA: THE QUEEN OF SOUL DEMANDED R.E.S.P.E.C.T. & FOUGHT FOR SOCIAL JUSTICE FOR EVERYONE IN AMERICA – The Polar Opposite of The Trump Administration!

https://www.globalcitizen.org/en/content/aretha-franklin-activism-helped-the-world/?utm_source=Iterable&utm_medium=email&utm_campaign=US_August_17_2018_content_digest

4 Ways Aretha Franklin Fought for a Better World

Why Global Citizens Should Care
Aretha Franklin was an ardent supporter of civil and women’s rights throughout her life. She influenced countless other artists who carry her soulful passion into their music, inspiring millions of people worldwide. Franklin also championed causes like health care access, environmental protection, and disability rights. You can join us in taking action on these issues here.

Aretha Franklin, “The Queen of Soul,” died from advanced pancreatic cancer on Thursday at the age of 76, according to the New York Times.

Acclaimed as the greatest American “singer of postwar popular music,” Franklin influenced countless soul, R&B, and pop artists over the past several decades. Her influence is still clearly felt in contemporary artists like Beyoncé, Jennifer Hudson, and Adele.

Aretha-Franklin-Full-Frame.jpgAretha Franklin performs at New York’s Radio City Music Hall, July 6, 1989.
Image: Mario Suriani/AP

With her soaring range and empowering messages, Franklin also inspired a generation of activists.

Franklin was a dedicated philanthropist throughout her life and was never far from the pulse of social justice, appearing on stages with both Martin Luther King Jr. and former President Barack Obama.

Here are four ways the Queen of Soul fought for a better world.


1. Women’s Rights

In an era when respect was not universally received in the US, Franklin’s rousing version of “Respect,” first recorded by Otis Redding, was an electrifying call to action. The unflinching demand for respect became a mantra for both the women’s rights and civil rights movements.

Released in the 1970s, the song radically overturned gender conventions by situating a woman as the primary breadwinner in a family and fiercely challenged sexist assumptions.

Read More: 12 Badass Women Who Changed the Course of Human History

Franklin’s song “Sisters Are Doin’ It For Themselves” was another feminist anthem, envisioning a world where women everywhere can break free from the constraints of a sexist society.

“Now this is a song to celebrate,” the lyrics read. “The conscious liberation of the female state! / Mothers, daughters, and their daughters, too. / Woman to woman / We’re singin’ with you. / The inferior sex got a new exterior / We got doctors, lawyers, politicians, too.”

“American history wells up when Aretha sings,” Obama said in 2015. “Nobody embodies more fully the connection between the African-American spiritual, the blues, R&B, rock and roll – the way that hardship and sorrow were transformed into something full of beauty and vitality and hope.”


2. Civil Rights

Franklin’s father was a committed civil rights activist, and she frequently lent her growing fame and stature to the movement.

The soul singer regularly performed at civil rights events and was there to support Martin Luther King Jr. during his rallies. She was eventually awarded the Southern Christian Leadership Award for her dedicated work by King. When King was assassinated in 1968, Franklin performed at his funeral.

Read More: 10 Celebrities Who Carry on MLK’s Legacy by Fighting Racism

When the civil rights leader Angela Davis was arrested in 1970 and falsely branded a “terrorist” by President Richard Nixon, Franklin announced her intention to post the $250,000 bail, one of many times where she financially supported black activists.

In 2008, the NAACP honored Franklin for both her advocacy and her music with their annual Vanguard Award.


3. Supporting Access to Nutritional Food

The Queen of Soul has also supported charities such as Feeding America, which funds more than 200 foodbanks nationwide, and the Barbara Davis Center for Childhood Diabetes, which specializes in diabetes research.

Franklin lived with diabetes throughout her life and wanted to make sure other people would have the health care access that they needed.

“I feel wonderful, I’ve got more energy, I’ve changed my diet, going to Whole Foods now, getting the best stuff,” she said after recovering from a hospital stay in 2012 on The View. “Dropped the chitlins, drop the ham hocks, getting some — I won’t say better food, I’ll say other food.”


4. Boosting Charity Events

Throughout her career, Franklin regularly helped causes she cared about to raise more money through fundraising events.

Read More: Tributes That Prove David Bowie Ch-ch-changed the World

In 2012, she attended a gala for the Rainforest Fund, which seeks to protect human rights in the Amazon Rainforest. The next year she lent her voice to a Christmas album whose proceeds went to the Special Olympics. In 2017, Franklin was a headlining act for The Elton John AIDS Foundation New York Gala, which went on to raise $4.4 million.

“Being the Queen is not all about singing, and being a diva is not all about singing,” she said of her fame. “It has much to do with your service to people. And your social contributions to your community and your civic contributions as well.”

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The best way to provide “service to people” and to honor Aretha’s memory is to aggressively stand up for the rights of women and minorities and oppose the White Nationalist, racist, misogynist  policies of the Trump Administration.

Actually saw Aretha perform in person once at the “old Cleveland Stadium” (a/k/a “The Mistake on The Lake”) following an Indians game during the “Jones Day Phase” of my career!

PWS

08-20-20

WASHPOST: RACISTS FIND HOME IN TODAY’S GOP —From Dissing Mexican Americans, To Barring Muslims, Abandoning Refugees, Restricting Legal Immigration, Slamming Families, & Encouraging Voter Suppression, GOP Appears To Be “All In” On “Built To Fail” Strategy Of Making America White Again: “the larger moral cowardice that has overtaken the party.”

https://www.washingtonpost.com/politics/im-not-going-there-as-trump-hurls-racial-invective-most-republicans-stay-silent/2018/08/18/aab7fd8a-a189-11e8-83d2-70203b8d7b44_story.html

August 18 at 6:14 PM

The president of the United States had just lobbed another racially charged insult — this time calling his former top African American adviser a “dog” — but Sen. John Cornyn (R-Tex.) had no interest in talking about it.

“I’ve got more important things on my mind, so I really don’t have a comment on that,” said the Senate’s No. 2 Republican, chuckling at the question.

 Has President Trump ever said anything on race that made Cornyn uncomfortable? “I think the most important thing is to pay attention to what the president does, which I think has been good for the country,” the senator demurred.

What about his constituents back home — are they concerned? “I know you have to ask these questions but I’m not going to talk about that,” Cornyn said, politely ending the brief interview in the basement of the U.S. Capitol. “I just think that’s an endless little wild goose chase and I’m not going there.”

And so it went last week among Republicans: As Trump immersed the nation in a new wave of fraught battles over race, most GOP lawmakers tried to ignore the topic altogether. The studied avoidance is a reflection of the enduring reluctance of Republicans to confront Trump’s often divisive and inflammatory rhetoric, in part because the president remains deeply popular within a party dominated by older white voters.

The Washington Post reached out to all 51 Republican senators and six House Republican leaders asking them to participate in a brief interview about Trump and race. Only three senators agreed to participate: Jeff Flake of Arizona, David Perdue of Georgia and Tim Scott of South Carolina, the only black Republican in the Senate.

Trump has a history of mocking his black critics’ intelligence

President Trump insulted NBA player LeBron James’s intelligence in a tweet Aug. 3. It’s not the first time Trump has taken this approach.

Flake, a frequent Trump critic who is retiring, rattled off examples when asked if there were times he felt Trump had been racially insensitive.

“It started long before his campaign, the whole Barack Obama, the birtherism . . . that was abhorrent, I thought,” Flake said in a phone interview. “And then you know, the Mexican rapists . . . on his first official day as a campaign. And then you know, Judge Curiel, the statement that he couldn’t judge because of his heritage. Failure to, you know, condemn in Charlottesville. Just the willingness to go there, all the time. Muslim ban. This kind of divide-and-conquer strategy. It’s just — it’s been one thing after another.”

Six other lawmakers granted impromptu interviews when approached in the Capitol, although most declined to be specific about whether they were uncomfortable with any of Trump’s statements on race. One exception was Sen. Bob Corker of Tennessee, another Trump critic who is leaving Congress in January.

 “It’s a formula that I think they think works for them, as it relates to winning,” Corker said, referring to the use of divisive racial issues by Trump and his advisers. “I think that’s their kind of governing. I think that’s how they think they stay in power, is to divide.”

Several other lawmakers said they did not like some of Trump’s language, especially on race, but did not consider Trump to be racist.

Sen. John Thune (R-S.D.), the No. 3 Republican in the Senate, said Trump’s description of former black adviser Omarosa Manigault Newman as a “dog” was “not appropriate, ever.” But he stopped short of pointing to a time when he felt the president had crossed a racial boundary.

“I just think that’s the way he reacts and the way he interacts with people who attack him,” Thune said. “I don’t condone it. But I think it’s probably part built into his — it’s just going to be in his DNA.”

The month of August — which included the first anniversary of the deadly white supremacist rally in Charlottesville — has seen Trump unleash a steady tide of racially charged invective, including questioning the intelligence of basketball star LeBron James, attacking Chinese college students and reviving his attacks on anthem protests by black NFL players. At one point last week, White House press secretary Sarah Huckabee Sanders said she could not guarantee that no audio recording exists of Trump using the n-word, as Manigault Newman alleges in her book.

Republicans have struggled over issues of race since the Civil Rights era, with periodic efforts to appeal to blacks, Latinos and other minorities. Trump’s critics within the party fear that, in an increasingly diverse nation, the president is reopening wounds many Republicans had sought to heal.

Trump and his allies frequently counter by offering economic data that they say is favorable to minorities, seeking to separate Trump’s harsh rhetoric from his policy agenda.

But some longtime party stalwarts worry about the long-term consequences of the party’s near-silence on race.

Mike Murphy, a veteran Republican consultant and vocal Trump critic, bemoaned “the larger moral cowardice that has overtaken the party.”

“Trump’s shtick is that he’s the grievance candidate,” Murphy said. “He’s focused on the economically squeezed Caucasian voter. . . . He is speaking to that rage. Mexican rapists, clever Chinese traders, African American people as dogs. That’s Trump’s DNA.”

. . . .

Perdue said in an interview that he believes Trump is results-focused and “trying to be all-inclusive,” and that Democrats are the ones using race as a political issue.

“Well, I hope they will,” Perdue said. “I have many friends in the African American community and they’re tired of being treated as pawns.”

But Republicans who believe that Trump has galloped past norms of civil society on race and other issues worry about the costs the party may ultimately pay, both politically and morally.

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Read the rest of the article at the link.
Not surprising to see modern-day Jim Crows like Sen. David Perdue (R-GA) out there carrying water for the Trump/Sessions brand of 21st Century racism. After all, in the face of the overwhelming evidence that America needs more legal immigration and that family-based immigration is good for America, Perdue is one of the chief sponsors of the CIS-inspired bogus merit-based immigration bill that actually reduces legal immigration in a losing attempt to bar immigrants of color and “Keep America White As Long As Possible.”  Donald Trump trying to be “all-inclusive?” How’s that David, by dissing African-Americans, calling them “dogs,” dehumanizing immigrants, slurring Hispanics, taking protections away from transgender kids, taking away security clearances of critics, attacking the free press, attacking the Justice Department, the FBI and the intelligence community, promoting a false narrative about voter fraud, or telling thousands of lies since assuming office? Which one of these is “all inclusive?” The only “inclusive” thing about Donald Trump is that the majority of Americans who aren’t in his overwhelmingly White Guy “core.” are all included in his insults, lies, and disrespect!
I also thought that the final comment about the late George Wallace was telling. Yup, Wallace accomplished some things in Alabama including getting more textbooks. (Remember that Adolf Hitler built great Autobahns too!) But, the screaming crowds of White Folks who supported Wallace on the national stage weren’t excited about textbooks or better roads — they loved the message of racism and White Supremacy. And, that’s exactly how history will remember Wallace and his supporters — not for the textbooks, but for the public defense and advocacy of racism (just like Hitler isn’t remembered for his Autobahns). Which is how Trump, his “base,” and his many enablers (whether enthusiastic, merely willing, or downright cowardly) will also be remembered!
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Still doubt the racism of Trump and his agenda. check out this article by Ta-Nehisi Coates in The Atlantic entitled “The First White President:” https://www.theatlantic.com/magazine/archive/2017/10/the-first-white-president-ta-nehisi-coates/537909/

It is often said that Trump has no real ideology, which is not true—his ideology is white supremacy, in all its truculent and sanctimonious power. Trump inaugurated his campaign by casting himself as the defender of white maidenhood against Mexican “rapists,” only to be later alleged by multiple accusers, and by his own proud words, to be a sexual violator himself. White supremacy has always had a perverse sexual tint. Trump’s rise was shepherded by Steve Bannon, a man who mocks his white male critics as “cucks.” The word, derived from cuckold, is specifically meant to debase by fear and fantasy—the target is so weak that he would submit to the humiliation of having his white wife lie with black men. That the slur cuck casts white men as victims aligns with the dicta of whiteness, which seek to alchemize one’s profligate sins into virtue. So it was with Virginia slaveholders claiming that Britain sought to make slaves of them. So it was with marauding Klansmen organized against alleged rapes and other outrages. So it was with a candidate who called for a foreign power to hack his opponent’s email and who now, as president, is claiming to be the victim of “the single greatest witch hunt of a politician in American history.”

In Trump, white supremacists see one of their own. Only grudgingly did Trump denounce the Ku Klux Klan and David Duke, one of its former grand wizards—and after the clashes between white supremacists and counterprotesters in Charlottesville, Virginia, in August, Duke in turn praised Trump’s contentious claim that “both sides” were responsible for the violence.

To Trump, whiteness is neither notional nor symbolic but is the very core of his power. In this, Trump is not singular. But whereas his forebears carried whiteness like an ancestral talisman, Trump cracked the glowing amulet open, releasing its eldritch energies. The repercussions are striking: Trump is the first president to have served in no public capacity before ascending to his perch. But more telling, Trump is also the first president to have publicly affirmed that his daughter is a “piece of ass.” The mind seizes trying to imagine a black man extolling the virtues of sexual assault on tape (“When you’re a star, they let you do it”), fending off multiple accusations of such assaults, immersed in multiple lawsuits for allegedly fraudulent business dealings, exhorting his followers to violence, and then strolling into the White House. But that is the point of white supremacy—to ensure that that which all others achieve with maximal effort, white people (particularly white men) achieve with minimal qualification. Barack Obama delivered to black people the hoary message that if they work twice as hard as white people, anything is possible. But Trump’s counter is persuasive: Work half as hard as black people, and even more is possible.

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I encourage you to read Coates’s entire totally cogent expose of the Supreme ugliness of Trump, his “team,” and his core supporters. No, you can’t really separate Donald Trump’s policies from his racism.
That’s why America needs regime change at the ballot box. NOW!
PWS
08-18-18