BESS LEVIN – THE LEVIN REPORT – After A Year Of Being One Of Trump’s Chief Toadies To Fulfill Dream Of Big Tax Cuts For Fat Cats That Cripple The Government, Screw The Needy, & Blow Up The Deficit, “Spineless Paul” Ryan Panics When Trump Goes Bonkers On Tariffs!

Levin writes for Vanity Fair:

“For his entire adult life and, let’s be honest, probably a good portion of his teen years, Paul Ryan has fantasized about tax cuts the way some people fantasize about having sex with a porn star. Not just any old tax cuts, of course, but the kind that disproportionately benefit corporate America and the upper-echelons of the ultra rich, while handing average Americans an extra buck fifty a paycheck and expecting an outpouring of gratitude in return. We know this because 1) he’s openly and unabashedly obsessed with Ayn Rand, and 2) just a few short months ago, the House Speaker released a sizzle reel highlighting his many urgent calls for tax cuts spanning nearly 20 years in office. In Donald Trump, a man who has never demonstrated conviction in anything other than enriching himself and other people named Trump, Ryan saw an opportunity for his longtime dream to become a reality. That’s why, for more than a year now, Ryan has put up with everything from the president demanding loyalty from the head of the F.B.I. (“he’s new at this!”) to his decision to give Nazis a free pass (“he’s learning!”) to his refusal to release his tax returns, even though Wisconsin’s first son could compel to do so (“tee-hee!”). And in December, Ryan’s commitment to holding his nose and looking the other way paid off, big time.

This week, though, we learned that there are, in fact, limits to what Ryan will put up with, and they involve imperiling the legacy of his tax bill and upsetting his corporate sugar daddies. In the wake of the president’s decision to announce that he plans to effectively start a trade war, Ryan’s spokeswoman, AshLee Strong, said in a statement on Monday: “We are extremely worried about the consequences of a trade war and are urging the White House to not advance with this plan. The new tax-reform law has boosted the economy and we certainly don’t want to jeopardize those gains.” To be clear, most people outside of the G.O.P. already expect the long-term effects of the tax bill to be a deficit-busting mess. But with Trump’s call to slap steel and aluminum imports with 25% and 10% tariffs, more or less out of spite, the havoc wreaked on the economy could be even worse, with experts estimating 146,000 job losses, among other consequences. Presumably, Ryan was also inspired to find his voice on the issue—and to fire off at least one passive-aggressive tweet—on account of the fact that the Koch brothers, who donated half a million dollars to his fundraising committee after the bill passed, harshly condemned the tariffs. And as they teach lawmakers on their first day on Capitol Hill, one mustn’t upset one’s benefactors.

Trump, though, apparently could not care less about Ryan’s (or anyone else’s) concerns, telling reporters Monday “we’re not backing down” and that the tariffs are “100 percent” happening. The U.S., he said, has been “ripped off” by other countries for too long, and “we are going to take care of it.” Perhaps the one ray of hope in this otherwise terrifying situation? Because this whole thing was put together in such a half-assed, completely slipshod way, Trump’s advisers—the ones who support the tariffs—are already hedging their bets:

Peter Navarro, an adviser and the architect of many of Mr. Trump’s campaign-trade promises, confirmed on Sunday that the president would not exclude any country from the tariffs but said individual companies could apply for exemptions for certain products. . . . Navarro [also] left room for change in the timing of the tariffs, which the president said would be signed this week. “Toward the end of the week,” Mr. Navarro said in a separate appearance on CNN’s State of the Union, when asked when the tariffs would be announced. “At the latest, it would be the following week.”

Wilbur Ross, the secretary of commerce, also appeared to leave room for the president to change his mind. “Whatever his final decision is, is what will happen,” Mr. Ross said on NBC’s Meet the Press. “What he has said he has said. If he says something different, it’ll be something different.” “If he for some reason should change his mind, then it will change,” Mr. Ross added, noting that he had no reason to believe that the president would do so.

Or as a top Republican put it to Politico: “I’ve stopped worrying and reacting to the day-to-day because you get all stressed out about something, then you realize tomorrow morning by lunch that it’s never going to happen.”

Report: Trump’s personal lawyer couldn’t believe he wasn’t immediately reimbursed for $130,00 porn-star payment

It’s almost as though you can’t trust a guy who (allegedly!) had an affair with an adult film star named Stormy Daniels right after his wife gave birth to their son:

The lawyer, Michael Cohen, wired the money to a lawyer for former actress Stephanie Clifford, known professionally as Stormy Daniels, from an account at First Republic Bank. The money was received on Oct. 27, 2016, 12 days before the presidential election, another person familiar with the matter said…Mr. Cohen said he missed two deadlines earlier that month to make the $130,000 payment to Ms. Clifford because he couldn’t reach Mr. Trump in the hectic final days of the presidential campaign, the person said.

Ms. Clifford was owed the money in return for signing an agreement that bars her from discussing an alleged sexual encounter with Mr. Trump in 2006, people familiar with the matter said. After Mr. Trump’s victory, Mr. Cohen complained to friends that he had yet to be reimbursed for the payment to Ms. Clifford, the people said.

Honestly, finance departments should really provide expense-report templates for this kind of thing. (Asked for comment from the Wall Street Journal, Cohen responded: “Fake News.”)

You might want to sit down for this . . .

This might come as a shock, but there are whispers the Trump Organization is attempting to profit off the presidency:

In recent weeks, the Trump Organization has ordered the manufacture of new tee markers for golf courses that are emblazoned with the seal of the president of the United States. Under federal law, the seal’s use is permitted only for official government business. Misuse can be a crime.

Past administrations have policed usage vigilantly. In 2005 the Bush administration ordered the satirical news website The Onion to remove a replica of the seal. Grant M. Dixton, associate White House counsel, wrote in a letter to The Onion that the seal “is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement.”

Area man demands media leave the Trumps alone!

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Now is is a great time to re-read Andy Borowitz’s (all too true) satire on “Spineless Paul” that I reprinted on Courtside in December 2017:

https://www.newyorker.com/humor/borowitz-report/koch-brothers-and-nra-reach-timeshare-agreement-over-ownership-of-paul-ryan

“WASHINGTON (The Borowitz Report)—In a unique accord, the billionaire Koch brothers and the National Rifle Association have reached a timeshare agreement over the ownership of House Speaker Paul Ryan, representatives of both parties have confirmed.

Speaking on behalf of the Kochs, Charles Koch said that he contacted the N.R.A.’s executive director, Wayne LaPierre, with the timeshare proposal “so that we could all get the maximum enjoyment out of owning Paul.”

The arrangement is intended to minimize conflicts between the Kochs and the gun group that have arisen in the past when both co-owners have wanted to use Ryan at the same time, Koch said.

“I said to Wayne, ‘This is craziness,’ ” he said. “ ‘Let’s work something out where you get Paul half the year, and we’ll take him the other half.’ ”

Under the timeshare deal, the Kochs will have the exclusive use of Ryan during the months when tax cuts and environmental deregulation are put to a vote, while the N.R.A. will have him for the months when gun legislation is to be defeated.

Additionally, each co-owner is responsible for insuring that Ryan is well maintained and in good condition when the other’s period of using him commences.

Koch indicated that, if the timeshare agreement is a success, the two parties are likely to work out a similar deal for their longtime joint ownership of Senate Majority Leader Mitch McConnell.”

However, the deep corruption of the GOP and its leaders, from Trump on down, isn’t really something to laugh about. At some point, the “nickel and dime” income boost given to average Americans by the GOP’s totally bogus and unwarranted “tax cuts” for the rich will automatically expire (but, naturally, not for the rich) and the true bill for running up the deficit so the Koch Bros and others can get richer will come due. By that time, conveniently, Trump, Ryan, and hopefully McConnell will be out of office. But, the damage they are doing to our country will be left for others, likely the Democrats, to clean up. That’s what Kleptocracy is all about, folks. Steal what you can when you can and then get out of Dodge while the getting is good!

PWS

03-06-18

WASHPOST: ANOTHER DAY, ANOTHER ACT OF WANTON CRUELTY BY NIELSEN’S DHS — “Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that.”

https://www.washingtonpost.com/opinions/gratuitous-cruelty-by-homeland-security-separating-a-7-year-old-from-her-mother/2018/03/04/98fae4f0-1bff-11e8-ae5a-16e60e4605f3_story.html

Gratuitous cruelty by Homeland Security: Separating a 7-year-old from her mother

Homeland Security Secretary Kirstjen Nielsen in the White House on March 1. (Mandel Ngan/AFP/Getty Images)
By Editorial Board March 4 at 7:11 PM
WHAT, EXACTLY, did a 7-year-old Congolese girl do to the United States to deserve the trauma that has been visited upon her — including forcible separation from her mother — by Homeland Security Secretary Kirstjen Nielsen and her immigration agents?

There is no allegation that the little girl, known in court filings only as S.S., is a terrorist, nor is there any suggestion her mother is one. Neither was involved with smuggling, nor contraband, nor lawbreaking of any other variety. Rather, S.S.’s 39-year-old mother presented herself and her daughter to U.S. officials when they crossed the border from Mexico four months ago, explaining they had fled extreme violence in Congo, and requesting asylum.

A U.S. asylum officer interviewed Ms. L, as the mother is called in a lawsuit filed on her behalf by the American Civil Liberties Union, determined that she had a credible fear of harm if she were returned to Congo and stood a decent chance of ultimately being granted asylum. Despite that preliminary finding, officials decided that the right thing to do was to wrench S.S. from her mother, whereupon the mother “could hear her daughter in the next room frantically screaming that she wanted to remain with her mother,” the lawsuit states.

The Trump administration has said that it is considering separating parents from their children as a means of deterring other families, most of them Central American, from undertaking the perilous trip necessary to reach the United States and seek asylum. Now, without any formal announcement, that cruel practice, ruled out by previous administrations, has become increasingly common, immigrant advocacy groups say. In the nine months preceding February, government agents separated children from their parents 53 times, according to data compiled by the Lutheran Immigration and Refugee Service.

Make no mistake: Ms. L and S.S. could have been placed together in a family detention center. There has been no explanation of why the determination was made to separate them; nor is there any allegation that Ms. L. is an unfit parent. The only principle at work, if it can be called that, is the idea that future asylum seekers might be deterred if they are convinced that the United States is actually a crueler and more heartless place than their native country.

Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that. A Homeland Security spokesman would not comment on this case but said that the department does not “currently” have a policy regarding separating asylum-seeking parents and children who are detained.

Separating children from their parents while they await adjudication of asylum claims is of a piece with arresting and deporting upstanding, otherwise law-abiding unauthorized immigrants who have lived and worked for decades in the United States and are the parents of U.S.-born children. That practice, too, carried out by Homeland Security deportation agents, has become far more common under the Trump administration.

Since being torn away in early November, S.S., who is being held at a facility in Chicago, has been permitted to speak with her mother, who is in a detention center in San Diego, just half a dozen times by phone. The girl, who turned 7 in December, routinely cries on the phone, according to the ACLU lawsuit. Is this the kind of protection Americans want from their Department of Homeland Security?

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It’s almost (but not quite) unfair to blame Nielsen for this garbage. After all, she was selected for the DHS position precisely because she is a gutless intellectual lightweight who will just do the foul bidding of Trump, Sessions, Kelly, and Miller no questions asked and no resistance tolerated. That’s what “government by sycophants” is all about.

In the meantime, the New Due Process Army and the rest of us who still believe in our Constitution and humane values have to redouble our resistance to the evil of the Trumpsters and their allies. In the end, it’s a fight for the heart and soul of America as nation!

PWS

03-05-18

 

THE GUARDIAN: USCIS TURNS ITS BACK ON THE REAL AMERICA – “TRULY A NATION OF IMMIGRANTS!” – “The recent barrage of exclusionary immigration policy proposals are attempts to sow the seeds of fear, anxiety, and distrust. Rather than pursue policies that set immigrants apart, we should seek to integrate immigrants and highlight the assets they bring to communities across our nation.”

https://www.theguardian.com/commentisfree/2018/mar/02/america-nation-immigrants-uscis-deleted?CMP=Share_iOSApp_Other

Professors Linda R. Tropp and Dina G. Okamoto write in The Guardian:

“For more than a century, the identity of the United States has been grounded in the notion that we are a “nation of immigrants.” Immigrants have made innumerable contributions to our economy, infrastructure, and culture – building our railroads and bridges, bringing innovation and new ideas, and settling in communities that thrive throughout our country today. But now, the United States Citizenship and Immigration Services (USCIS), a federal agency charged with immigrant affairs, has turned its back on this rich legacy.

As of last week, the mission statement of the USCIS has changed. No longer does its mission speak to “America’s promise as a nation of immigrants” that promotes “an awareness and understanding of citizenship” along with “ensuring the integrity of our immigration system.” Now, the new version focuses on “adjudicating requests for immigrant benefits” while “protecting Americans” and “securing the homeland”.

Why do changes to the USCIS’s mission statement matter? It may seem like just a few words, but this new language is happening within the context of other alarming changes to our national immigration policies and practices.

Refugee admissions have been curbed to a historic low, and people with “temporary protected status” who fled their homelands due to natural disasters or civil wars are being sent back.

Several crucial programs are at risk of being terminated, including programs that allow 50,000 people from countries underrepresented in current immigration streams to come to the US, pathways for those who arrived in the US as children without legal documents to remain in the US to work and attend school, and the family-based system of immigration – a cornerstone of US immigration policy – which allows US citizens to reunite with family members by sponsoring their migration to the US.

All of these changes have been presented under the guise of protecting against threats to our national security. But these policies stand in stark contrast to the will of the American people. Despite increased attention on anti-immigrant sentiments, Americans across the country largely embrace immigrants of all faiths and cultures and want our government to do the same.

Most Americans believe the numbers of immigrants coming to the United States should be kept at its present level or increased. And 60% percent of Americans oppose building a wall on our border with Mexico. Nearly three-quarters of Americans now supportgranting legal status to immigrants originally brought to the US without papers as children, driven by the same moral imperative that has guided family reunification efforts over the last 50 years.

These levels of endorsement in national polls are bolstered by the actions of US citizens from many walks of life who have taken to the streets in protest, boldly stating that “immigrants are welcome here”.

Indeed, across the country, people and communities have been sending the clear message that immigrants are not only welcomed, but valued. Hundreds of local governments have advocated for their cities and towns to be recognized as “welcoming cities” for immigrants.

Spanning from the industrial rust-belt of the midwest to our nation’s borders, civic leaders have gone to great lengths to welcome immigrants, because they open up new businesses, populate local schools, revitalize housing markets, and infuse new life into local communities. And while the majority of immigrants in the US are here legally, nearly 500 US cities have chosen to become “sanctuary cities” to protect immigrants without legal status from deportation, even at the risk of losing federal funding.

These actions by everyday Americans uphold our nation’s values and reflect the best of who we are as a country, while our federal immigration policies are seeking to close doors and build walls. One of the best ways to honor our values as a nation is not to close opportunities to immigrants, but to successfully integrate them into the fabric of our society. As researchers who have been studying immigration and race relations for 20 years, our research shows that one of the best ways to integrate immigrants into the fabric of society is to interact with and welcome them.

Such encouraging effects of contact between US citizens and immigrants are not limited to big cities or liberal-leaning areas. Recent immigrants have established themselves both in diverse urban areas and new destinations across the United States.

According to recent poll data, more than 75% of US adults report that there are immigrants living in their community, with about a quarter (27%) reporting many recent immigrants in the community where they live. Our surveys of US citizens, including both white and black Americans, show that the more they encounter and interact with immigrants, the more inclined they are to welcome them into their communities.

This significance of welcoming does not simply serve to express our national values or concern about immigrants and their wellbeing. Welcoming immigrants is also important for creating a shared sense of identity and community within our nation. Parallel surveys we have conducted with immigrants show that the more they feel welcome by Americans, the more they come to identify as American themselves and to seek to become US citizens – factors that can fuel greater civic participation and contributions to our society.

The recent barrage of exclusionary immigration policy proposals are attempts to sow the seeds of fear, anxiety, and distrust. Rather than pursue policies that set immigrants apart, we should seek to integrate immigrants and highlight the assets they bring to communities across our nation.

  • Linda R Tropp is a professor of social psychology at the University of Massachusetts Amherst. Dina G Okamoto is the director of the Center for Research on Race and Ethnicity in Society at Indiana University. They are both visiting scholars at the Russell Sage Foundation.”

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Trump and the GOP restrictionists are trying to “whitewash” American history by denying and downplaying the achievements of immigrants, particularly those of color, without which American could never have survived and prospered. Don’t let them get away with their disingenuous and anti-historical efforts. Don’t let this (unjustifiably) disgruntled minority of (largely White, badly misinformed) Americans hijack our country and its future.

PWS

LIAR-IN-CHIEF GETS FOUR (4) PINOCCHIOS FOR TOTALLY BOGUS CLAIMS ABOUT THE “VISA LOTTERY!”🤥🤥🤥🤥

https://www.washingtonpost.com/news/fact-checker/wp/2018/02/26/president-trumps-consistent-misrepresentation-of-how-the-diversity-visa-lottery-works/?utm_term=.ef79ebd959db

Glenn Kessler for the Washington Post’s “Fact Checker:

“Think of the lottery. You have a country, they put names in. You think they’re giving us their good people? Not too many of you people are going to be in a lottery. So we pick out people, then they turn out to be horrendous and we don’t understand why. They’re not giving us their best people, folks. They’re not giving us — I mean, use your heads. They’re giving us — it’s a lottery. I don’t want people coming into this country with a lottery. I want people coming into this country based on merit, based on merit.”
— President Trump, in remarks at the Conservative Political Action Conference, Feb. 23, 2018

“We need something to do with chain migration and something to do with visa lottery. I mean we actually have lottery systems where you go to countries and they do lotteries for who comes into the United States. Now, you know they are not going to have their best people in the lottery, because they’re not going to put their best people in a lottery. They don’t want to have their good people to leave. . . . We want people based on merit. Not based on the fact they are thrown into a bin and many of those people are not the people you want in the country, believe me.”
— Trump, remarks during an interview with Jeanine Pirro of Fox News, Feb. 24 

We have repeatedly covered the president’s inaccurate description of the diversity visa lottery system as part of speech roundups and in our database of Trump’s false and misleading claims. At last count, he has made at least 16 inaccurate claims about the diversity visa lottery, though we are still trying to catch up with all of his remarks in February.

We often toss obviously false claims in the database, deeming them not worthy of a fact check, only to find ourselves months later writing a full fact check because the president continues to make his claim, unabashed by the number of times he has been declared wrong. One of our colleagues, rereading the president’s speech to CPAC, noted: “His absolute refusal to understand what the visa lottery is remains amazing.”

Then we saw Trump’s interview with Pirro. Oh my. So here’s the full story, written in the hope the president will read it and perhaps learn something.

The Facts

The Diversity Immigrant Visa Program, as the program is officially called, originally was designed to help the Irish.

In 1965, President Lyndon B. Johnson signed the Immigration and Nationality Act of 1965. It was aimed at reuniting families, so applicants who had immediate family living in the United States — children, spouses, siblings, parents — were given priority. This, however, had some unforeseen consequences.  Immigrants from Latin American and Asian countries had come to the United States more recently, and they often had immediate family overseas who were prioritized under the new program. Many Europeans, by contrast, had been in the country for decades, so they had fewer close relatives remaining overseas.

The change in immigration policy hit the Irish particularly hard.

Unlike other European countries, Ireland faced political instability and an economic crisis in the second half of the 20th century. Before 1965, it had been relatively simple for the Irish to immigrate. By the 1980s, as a result, tens of thousands of Irish immigrants came to the United States as tourists or students and overstayed their visas.

In 1990, lawmakers, led by then-Rep. Charles E. Schumer (D-N.Y.), pressed for passage of a bill that proposed making a set number of visas available each year to “diversity immigrants” from “low-admission” countries. Despite being couched as a “diversity” action, it was openly pitched as a way to aid the Irish. President George H.W. Bush signed it into law in 1990 as part of a broader immigration package.

Today, under the visa lottery system, a computer program managed by a State Department office in Williamsburg, Ky., randomly selects up to 50,000 immigrant visas a year — from nearly 15 million who applied in 2017 — from countries with low rates of immigration to the United States. Thus people from about 20 countries such as Brazil, Canada, China, the Dominican Republic, El Salvador, Haiti, India, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, the United Kingdom (except North Ireland) and Vietnam are out of luck because more than 50,000 people from these countries had been admitted during the last five years. The visas are apportioned among six geographic regions, with a maximum of 7 percent available to persons born in any single country.

So, essentially, the odds of being selected are under 1 percent — and what that gets you initially is an invitation to apply for a green card. (In 2017, the State Department notified nearly 116,000 that they could apply, but the program ends once 50,000 are accepted. Each person selected gets a number on the list, so people in the bottom half have increasingly less chance of winning a visa.)

Individuals who apply must have at least a high school diploma (or its equivalent) or two years’ work experience of a type specified by the State Department to be eligible for the program. The selected applicants undergo a background check, interview and medical tests before entering the country, and some applicants undergo an additional in-depth review if they are considered a possible security risk — after which, selected applicants can be deemed ineligible for a visa.

Now let’s look back at Trump’s recent remarks and see what he apparently fails to understand:

  • “You have a country, they put names in.” Nope, no country submits the names of people for the diversity visa lottery; people who apply are self-selected.
  • “We actually have lottery systems where you go to countries and they do lotteries for who comes into the United States.” Wrong again. The foreign countries do not run their own lottery systems. The United States randomly selects from the millions of people who apply. As noted, a State Department office located in Kentucky, with a workforce of 400 people, manages the process. The Kentucky office receives and processes lottery entries, selects winners, processes winners’ visa applications, and schedules applicant interviews at missions abroad.
  • “They’re not going to put their best people in a lottery. They don’t want to have their good people to leave.”Again, the selection of applicants is not done by other countries. Moreover, the odds of success are so low that even if another country decided who could apply, there would be a less than 1 percent chance of success in getting rid of such people.

Indeed, far from being losers, there is evidence that many of those who immigrate through the program are better educated than the minimum criteria would suggest. A study by the Migration Policy Institute, using Census Bureau data for 19 countries with high rates of diversity visas, found that among recent immigrants ages 25 and older, “50 percent had a bachelor’s degree or higher (compared to 32 percent of the overall U.S. population in 2016), 16 percent reported some college education, and 12 percent had less than a high school diploma.”

Asked for an explanation of the president’s comments, a White House official did not address the substance of the question but pointed to two reports.

  • In 2004, the State Department’s deputy inspector general warned that the visa lottery “contains significant threats to national security as hostile intelligence officers, criminals, and terrorists attempt to use it to enter the United States as permanent residents.” This refers to congressional testimony by Anne W. Patterson, who recommended that applications not be accepted from countries listed by State as sponsoring terrorism; that recommendation was not acted on. In the same testimony, Patterson lauded the Kentucky office managing the program and its efforts to root out fraud.
  • Also in 2004, the House Judiciary Committee noted that “there are few restrictions on the countries from which applicants may come. . . . Second, under the program, successful applicants are chosen at random. . . . Because diversity visa winners do not necessarily have such ties, the program could offer an opportunity for individuals or groups who want to harm the United States, its institutions, and its people to place terrorists in the United States.”

The official added that “the point is that they are not admitted on the basis of skill or merit. The educational requirements are virtually nonexistent — a high school education or two years of work experience that requires two years of training. That’s not admitting someone with any regard for skill or merit or their ability to contribute.”

2007 report from the Government Accountability Office did point to substantial fraud risks within the program and proposed using data to mitigate these risks. However, the State Department at the time disagreed with the report’s findings, saying it already had managed those risks. The same report noted that there could be ‘‘difficulty in verifying identities,” which could have “security-based implications because State’s security checks rely heavily on name-based databases,” something a 2011 report from the House Judiciary Committee suggests could be a national security weakness.

The Fact Checker obviously takes no position on the diversity visa program. In addition to possible national-security issues, fraud continues to be a problem, such as some visa winners selling part of their visa to someone who pretends to be their spouse for the purposes of immigrating to the United States.

The Pinocchio Test

The president clearly dislikes the diversity visa program. Perhaps it has outlived its original purpose. But that’s no excuse for him to consistently misrepresent how it works.

Contrary to his repeated claims, countries do not select the applicants and do not run the lottery. Instead, nearly 15 million people from countries with low immigration to the United States apply annually for the slim chance to win an invitation to apply for a green card.

A State Department office in Kentucky manages the lottery. It’s located in a pleasant part of the state, near Daniel Boone National Forest, in the heart of Trump country. Perhaps the president should visit it one day and find out how the program really operates.

Four Pinocchios

 

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In this shameless Administration, led by a congenital liar, truth, particularly about immigration issues, has ceased to have meaning. That’s why those of us who know and believe in truth must work overtime to set the record straight and, eventually, to remove these abusers of power, elected by a minority of American voters, from public office.
PWS
03-04-18

PROFESSOR DANIEL PENA — Supremes Anti-Latino Decision In Jennings v. Rodriguez Threatens The Due Process Rights of All Americans — When The Thugs Come for YOU, Who Will Stand Up For YOUR Rights If YOU Stand By While Others’ Rights Are Trashed?

https://www.nbcnews.com/think/opinion/supreme-court-s-latest-immigration-ruling-formalizes-terror-against-latinos-ncna851966

Pena writes:

“The U.S. Supreme Court ruling in Jennings v. Rodriguez on Tuesday is a bizarre and dark new development in the American experiment. Not only because it’s a breakdown of the court’s ability to properly interpret the constitution (as they formally institutionalize a de facto second class of citizens), but because it’s a dereliction of the court’s duty as a part of a system of checks and balances designed to protect the constitutional rights of people in this country, regardless of country of origin, from a tyrannical government that would subvert our founding document for political or racist ends.

This ruling only formalizes what many of us in the Latinx community have known for generations: that the perpetuation of systems and laws that instill fear in immigrants (detained or not) is a form of state-sponsored terror. Now the court is complicit and part of that terror. And as pathways to legal status for immigrants come under attack by the current administration, this kind of terror is increasingly designed to incarcerate people for no other reason than for their inability to access pathways toward legal status — which is how this ruling will likely be used by this current administration.

The court ruled in Jennings v. Rodriguez that all immigrants, even those with protected legal status or asylum seekers, do not have a right to periodic bond hearing after detention, which makes it possible for them to be detained indefinitely. The defendant, Alejandro Rodriguez, who was brought to the United States from Mexico as an infant and became a permanent legal resident, was detained for three years for joy riding and possession of a controlled substance; the ACLU was fighting for his right to a hearing.

 A U.S. Immigration and Customs Enforcement (ICE) agent. David Maung / Bloomberg Via Getty Images

It comes a day after another Supreme Court decision not to rule on the Obama-era Deferred Action for Childhood Arrivals program, which in effect leaves that program safe for at least another year. But while the ruling on DACA might give the impression of an impartial system of courts, the latter development undermines that illusion by giving this discriminatory Trump administration its seal of approval in the name of the law.

All three branches are now in sync with their consensus to terrorize detained immigrants, documented and undocumented alike. And the explicit message of this ruling against Rodriguez is that, no matter your legal status, the constitution does not work for you if you’re an immigrant. You can be extracted from the American fabric for seemingly arbitrary reasons, by virtue of that now-institutionalized second class status.

What we’ve seen is the majority of this court, our last branch of un-bought government, actively buying out of the idea of America as a melting pot, as a nation of immigrants who deserve certain unalienable rights, not unlike life, liberty and the pursuit of happiness.

 U.S. Immigration and Customs Enforcement agents serve an employment audit notice at a 7-Eleven convenience store on January 10, 2018, in Los Angeles. Chris Carlson / AP

This should be a wake-up call to anyone who thought (maybe still thinks) that they have nothing to fear because they are documented, or that they have nothing to fear because they’re not Latinx, or that they have nothing to fear because they are another type of immigrant, or they have nothing to fear because they’ve done nothing wrong. The ruling makes it possible to target, criminalize and then indefinitely detain someone for no other offense than being systematically denied a pathway toward legal status in the first place — or even if they did.”

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Read Pena’s full article at the link.

I’ve pointed out before that it’s still not clear on what side of history this version of the Supremes stand. So far, as a group, they have shown little backbone or desire to stand up to the Trump Administrations’s all-out assaults on the Constitution, the “rule of law,” and human rights. That could be a big mistake, since the Trumpsters, to a man (not many women in the “land of misogyny”) have shown total disrespect and disdain for judges at all levels, particularly Federal Judges.

Latinos must get to the polls in larger numbers and “un-elect” at all levels a GOP that has largely gone over to a White Nationalist, anti-Latino racist agenda. Votes are power! That’s why the GOP cherishes voter suppression and gerrymandering so much.

PWS

03-04-18

 

BIA EXPOSEE: DID THE BIA SUPPRESS EVIDENCE IN MATTER OF J-C-H-F- THAT WOULD HAVE DIRECTLY UNDERMINED THEIR ANTI-IMMIGRANT RULING? — HON. JEFFREY CHASE THINKS SO, & HE HAS THE EVIDENCE TO BACK UP HIS CHARGE!

https://www.jeffreyschase.com/blog/2018/3/2/matter-of-j-c-h-f-an-interesting-omission

 

Mar 2 Matter of J-C-H-F-: An Interesting Omission

In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government officials.

In its recent decision in Matter of J-C-H-F-, the BIA addressed the criteria an immigration judge should use in assessing the reliability of a statement taken from a newly-arrived non-citizens at either an airport or the border. The BIA largely adopted the criteria set out by the U.S. Court of Appeals for the Second Circuit in its 2004 decision in Ramsameachire v. Ashcroft.

Ramsameachire set out four reasonable factors for consideration: (1) whether the record of the interview is verbatim or merely summarizes or paraphrases the respondent’s statements; (2) whether the questions asked were designed to elicit the details of the claim, and whether the interviewer asked follow-up questions to aid the respondent in developing the claim; whether the respondent appears to have been reluctant to reveal information because of prior interrogation or other coercive experiences in his or her home country; and (4) whether the responses to the questions suggest that the respondent did not understand the questions in either English or through the interpreter’s translation.

Both the Second Circuit in Ramsameachire and the BIA in J-C-H-F- applied these criteria to the statement in question in their respective cases; both found the statement reliable, which led to an adverse credibility finding due to discrepancies between the statement and later testimony. But there is a big difference between the two cases. Ramsameachire was decided one year before the U.S. Commission on International Religious Freedom (USCIRF), which is part of the U.S. government, published the first of its two reports (in 2005 and 2016) assessing the expedited removal system in which Bureau of Customs and Border Patrol (CBP) officers encounter arriving asylum seekers. USCIRF conducted field research over several years before issuing each report. As I wrote in an earlier blog post summarizing these reports, USCIRF’s first recommendation to EOIR was to “retrain immigration judges that the interview record created by CBP is not a verbatim transcript of the interview and does not document the individual’s entire asylum claim in detail, and should be weighed accordingly.”

As I already noted in my prior post, USCIRF described its findings of the airport interview process as “alarming.” It found that the reports were neither verbatim nor reliable; that they sometimes contained answers to questions that were never asked, that they indicate that information was conveyed when in fact it was not. USCIRF found that although the statements indicated that they were read back, they usually were not, and that a CBP officer explained that the respondent’s initials on each page merely indicated that he or she received a copy of each page, and not that the page was read back to the respondent and approved as to accuracy.

The Second Circuit in Ramsameachire would have no way of knowing any of this, and therefore reasonably considered the statement to be a verbatim transcript which had been read back to the respondent, whose initials on each page were deemed to indicate approval of the accuracy of its contents. But the BIA in 2018 could claim no such ignorance. USCIRF had specifically discussed its reports at a plenary session of the 2016 Immigration Judge Legal Training Conference in Washington D.C., where the report’s co-author told the audience that the statements were not verbatim transcripts in spite of their appearance to the contrary. As moderator of the panel, I pointed out the importance of this report in adjudicating asylum claims. The person in charge of BIA legal training at the time was present for the panel, and in fact, had the same panelists from USCIRF reprise its presentation two months later at the BIA for its Board Members and staff attorneys. I personally informed both the chair and vice-chair of the BIA of the report and its findings, and recommended that they order a hard copy of the report. The report was even posted on EOIR’s Virtual Law Library, which at the time was a component of the BIA, under the supervision of the vice-chair (along with training and publication). I can say this with authority, because I was the Senior Legal Advisor at the BIA in charge of the library, and I reported directly to the BIA vice-chair.

In spite of all of the above, J-C-H-F- simply treats the statement as if it is a verbatim transcript, and noted that the pages of the statement were initialed by the respondent; in summary, the Board panel acted as if the two USCIRF reports did not exist. Very interestingly, sometime in 2017, the USCIRF report was removed from the EOIR Virtual Law Library. Based on my experience overseeing the library, I can’t imagine any way this could have happened unless it was at the request of the BIA vice-chair. But why would he have required the report’s removal?

If any reader has information as to when J-C-H-F- was first considered for possible precedent status by the BIA, please let me know via the contact link below.

Copyright 2018 Jeffrey S. Chase. All rights reserved.

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

I can largely corroborate what Jeffrey is saying. I, of course, have been gone from “The Tower” for 15 years.

But I know 1) that BIA judges and staff were present during the USCIRF sessions at the Annual Immigration Judges Conference (in fact, I believe it was “required training” on religious asylum claims), 2) as an Immigration Judge I had access to the Annual Reports of the USCIRF and used them in my adjudications; 3) I was well aware, and believe that any competent EOIR judge would also have been aware, that airport statements and statements taken by the Border Patrol were a) not verbatim, and b) often unreliable for a host of reasons as pointed out by the USCIRF.

I am certainly as conscious as anyone of the precarious positions of BIA Appellate Immigration Judges as administrative judges working for the Attorney General. I’m also very well aware of the human desire for self-preservation, job preservation, and institutional survival, all of which are put in jeopardy these days by siding with immigrants against the DHS in the “Age of Trump & Sessions,” where “the only good migrant is a deported migrant.”

But, the job of a BIA Appellate Immigration Judge, or indeed any Immigration Judge, is not about any of these things. It’s about “guaranteeing fairness and due process for all.”

That means insuring that migrants’ rights, including of course, their precious right to Due Process under our Constitution, are fully protected. Further, an EOIR judge must insure that the generous standards for asylum set forth by the Supreme Court in Cardoza-Fonseca and by the BIA itself in Matter of Mogharrabi are fully realized, not just “rote cited.”

If standing up for migrants’ rights turns out to be job threatening or institutionally threatening, then so be it. Lives are at stake here, not just senior level US Government careers, as important as I realize those can be!

Unfortunately, I think today’s BIA has become more or less of a “shill” for the enforcement heavy views of Jeff Sessions, DHS, the Office of Immigration Litigation, and the Trump Administration in general.

What good is “required training” in adjudicating asylum requests based on religion if the BIA and Immigration Judges merely ignore what is presented? It isn’t like DHS or CBP had some “counterpresentation” that showed why their statements were reliable.

Indeed, I had very few DHS Assistant Chief Counsel seriously contest the potential reliability issues with statements taken at the border. And never in my 13 years on the bench did the DHS offer to bring in a Border Patrol Agent to testify as to the reliability or the process by which these statements are taken.

I can’t imagine any other court giving border statements the weight accorded by the BIA once the problems set forth in the USCIRF Report were placed in the record. And, I’m not aware that the DHS has ever set forth any rebuttal to the USCIRF report or made any serious attempt to remedy these glaring defects.

We need an independent Article I United States Immigration Court that guarantees Due Process and gives migrants a “fair shake.” Part of that must be an Appellate Division that functions like a true appellate court and holds the Government and the DHS fully accountable for complying with the law.

PWS

03-03-18

MAX BOOT @ WASHPOST: A KLEPTOCRACY OF GRIFTERS – THE TRUMP ADMINISTRATION — “[T]here have been more crooked regimes — but only in banana republics. The corruption and malfeasance of the Trump administration is unprecedented in U.S. history.”

https://www.washingtonpost.com/opinions/the-trump-administrations-no-good-very-bad-wednesday/2018/03/01/7dc60fd2-1d69-11e8-ae5a-16e60e4605f3_story.html

Max Boot reports from The Swamp for the Washington Post:

“One of the great non-mysteries of the Trump administration is why Cabinet members think they can behave like aristocrats at the court of the Sun King. The Department of Housing and Urban Development spent $31,000 for a dining set for Secretary Ben Carson’s office while programs for the poor were being slashed. The Environmental Protection Agency has been paying for Administrator Scott Pruitt to fly first class and be protected by a squadron of bodyguards so he doesn’t have to mix with the great unwashed in economy class. The Department of Veterans Affairs spent $122,334 for Secretary David Shulkin and his wife to take what looks like a pleasure trip to Europe last summer; Shulkin’s chief of staff is accused of doctoring emails and lying about what happened. The Department of Health and Human Services paid more than $400,000 for then-Secretary Tom Price to charter private aircraft — a scandal that forced his resignation.

Why would Cabinet members act any differently when they are serving in the least ethical administration in our history? The “our” is important, because there have been more crooked regimes — but only in banana republics. The corruption and malfeasance of the Trump administration is unprecedented in U.S. history. The only points of comparison are the Gilded Age scandals of the Grant administration, Teapot Dome under the Harding administration, and Watergate and the bribe-taking of Vice President Spiro Agnew during the Nixon administration. But this administration is already in an unethical league of its own. The misconduct revealed during just one day this week — Wednesday — was worse than what presidents normally experience during an entire term.

The day began with a typically deranged tweet from President Trump: “Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. . . . Why not use Justice Department lawyers? DISGRACEFUL!” Translation: Trump is exercised that the Justice Department is following its normal procedures. Sessions fired back: “As long as I am the Attorney General, I will continue to discharge my duties with integrity and honor.” Translation: The president is asking him to act without “integrity and honor.”

This is part of a long pattern of the president pressuring the “beleaguered” Sessions — a.k.a. “Mr. Magoo” — to misuse his authority to shut down the special counsel investigation of Trump and to launch investigations of Trump’s political foes. Because Sessions won’t do that, Trump has tried to force him from office. The president does not recognize that he is doing anything improper. He thinks the attorney general should be his private lawyer. The poor man has no idea of what the “rule of law” even means, as he showed at a White House meeting Wednesday on gun control, during which he said: “Take the guns first, go through due process second.” This from a supposed supporter of the Second Amendment.

But wait. Wednesday’s disgraceful news was only beginning. Later in the day the New York Times reported that Jared Kushner’s family company had received hundreds of millions of dollars in loans from companies whose executives met with him in his capacity as a senior White House aide. The previous day, The Post had reported that officials in the United Arab Emirates, China, Israel and Mexico had discussed how they could manipulate the president’s son-in-law “by taking advantage of his complex business arrangements, financial difficulties and lack of foreign policy experience.” Oh, and don’t forget that during the transition in 2016, while Kushner was trying to refinance a family-owned office building, he met with a Russian bankerclose to the Kremlin and with executives of a Chinese insurance company that has since been taken over by the Chinese government.

President Trump’s nepotism has compromised U.S. standing in the world, says Post editorial page editor Fred Hiatt.

Little wonder that the previous week Kushner lost his top-secret security clearance. The wonder is that a senior aide with such dodgy business dealings was allowed access for a full year to the government’s most sensitive secrets — and that he still works in the White House. This is the kind of nepotism that plagues dictatorships and is a defining characteristic of Trump’s kleptocratic rule.

Of course, we are still only scratching the surface of administration scandals. This is a president, after all, whose communications director quit on Wednesday after admitting to lying (but insists her resignation was unrelated); whose senior staff included an alleged wife-beater; whose former national security adviser and deputy campaign manager have pleaded guilty to felonies; whose onetime campaign chairman faces 27 criminal charges, including conspiracy against the United States; whose attorney paid off a porn star; and whose son mixed family and government business on a trip to India. Given the ethical direction set by this president, it’s a wonder that his Cabinet officers aren’t stealing spoons from their official dining rooms. Come to think of it, maybe someone should look into that.”

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

The total ugliness, dishonesty, corruption, and lack of accountability of the Trumpsters is hard to contemplate. Everybody mentioned in this article probably belongs in jail. Other than that, though, they’re a great bunch of guys. Check those pockets and briefcases for the spoons! Draining The Swamp indeed!

PWS

03-02-18

 

OUT OF SIGHT, OUT OF MIND: It Didn’t Take This GOP Controlled Congress Long To Forget About Saving The “Dreamers!”

https://www.washingtonpost.com/powerpost/with-no-more-deadline-congress-has-stopped-talking-about-immigration/2018/03/01/12d66ad6-1c9d-11e8-b2d9-08e748f892c0_story.html

Paul Kane reports for the Washington Post:

“Take away a deadline, and Congress will simply lose its focus on any issue — even the heated debate around immigration.

At Tuesday morning’s House Republican briefing, just one of the five GOP leaders made a reference to the issue, and it was a passing one — a proposal meant mostly to placate conservatives, not a real solution that could get signed into law.

Across the Capitol, a few hours later, Senate Majority Leader Mitch McConnell (R-Ky.) and four senior Republicans did their weekly briefing. Topics ranged from gun background checks to the Winter Olympics. There was no immigration talk at all.

The four Senate Democrats who followed McConnell also made no mention of the looming Monday deadline to resolve the fate of 800,000 undocumented immigrants who have been shielded from the threat of deportation under an expiring executive order.

It’s understandable that most of the attention has shifted toward the fallout of the Valentine’s Day massacre of 17 students and faculty at a Florida high school, with the media intensely focused on gun laws and school violence.

Capitol Police remove a banner as members of the Catholic community and supporters of DACA recipients are arrested during a protest on Capitol Hill this week. (Saul Loeb/AFP/Getty Images)

All but one of the 17 questions fielded by House Speaker Paul D. Ryan (R-Wis.) and Senate Minority Leader Charles E. Schumer (D-N.Y.), at their separate press briefings, related in some way to the Parkland, Fla., shootings. The lone outlier focused on the memorial service for the Rev. Billy Graham.

This was supposed to be the week when Congress would force itself to resolve the dispute over the Obama administration’s Deferred Action for Childhood Arrivals (DACA) executive order, which President Trump announced in September he would revoke on March 5, giving Congress a six-month window to resolve the issue.

It was, in some ways, a masterful idea by the Trump West Wing, living up to his tough talk on immigration during the presidential campaign in 2016 but also foisting the issue into the laps of lawmakers.

But now, amid legislative and judicial gridlock, lawmakers and the media have moved on to other topics. First, the Senate failed two weeks ago to approve any compromise. Then, the Supreme Court declared it would not wade into the legal challenges to the DACA program until it plays out in lower federal court rulings — a legal process with no obvious end date in sight.

“We would be well advised to continue our work on it, but it seems to me that a lot of the air is out of the balloon here in the Capitol, and people don’t sense its urgency,” said Sen. John Cornyn (Tex.), the Republican whip who had been leading bipartisan talks.

Cornyn’s lead negotiating partner, Sen. Richard J. Durbin (Ill.), the Democratic whip, has declared helping the “dreamers,” as the undocumented immigrants who were brought here as children are known, an urgent, moral mandate. But even he understands why the issue has fallen off the radar.

Senate Majority Leader Mitch McConnell (R-Ky.) flanked by Sen. John Thune (R-S.D.), left, and Senate Majority Whip John Cornyn (R-Tex.), speaks with reporters this week about school safety measures in response to the Parkland, Fla., massacre that left 17 dead. The Republicans made no mention of immigration reform. (J. Scott Applewhite/AP)

“Along comes this tragedy, in the high school in Parkland, Florida, and the response of the young people and the national response of the subject, it blows away all other conversations about DACA and the Dream Act, North Korean nuclear threats,” Durbin said.

He and Cornyn have not held any serious immigration talks in weeks, he said — and he added that the same is true for a separate bipartisan group of centrist senators. And none are on tap.

“We talk but at this point we don’t have a plan,” he said.

Just like that, in the span of a few days — Senate gridlock, a madman’s bullets killing children and a judicial ruling — and the issue that consumed Washington for most of December, January and February is no longer worth a mention at a leadership news conference.

That’s not to say the issue has subsided from the political debate. Activists are trying to keep the pressure on Trump and Congress, with a rally planned for Sunday in Washington to draw attention to Monday’s DACA deadline that is set to pass without much fanfare.

In southwestern Pennsylvania, Republicans are furiously trying to stave off an embarrassing loss in a special election to fill a vacant House seat. The district tilted toward Trump by nearly 20 percentage points in 2016, a year in which Democrats did not even field a candidate against the longtime Republican incumbent, Tim Murphy, who resigned amid a scandal late last year.

Now, to halt the momentum for Democrat Conor Lamb, a GOP super PAC called the Congressional Leadership Fund has unleashed a new adthat ties Lamb to House Minority Leader Nancy Pelosi (D-Calif.) and her hometown San Francisco’s status as a “sanctuary city” for people in the country illegally.

“Conor Lamb wants to help Nancy Pelosi give amnesty to millions of illegal immigrants,” the narrator says. “Sanctuary cities and amnesty for illegals. Conor Lamb is a Pelosi liberal.”

Lamb, 33, a former assistant U.S. attorney, does support a path to citizenship for DACA recipients, but he has stated that he will not vote for Pelosi as speaker. That position was highlighted in a new ad he is running that calls for new leadership in both parties.

Clearly, Republicans believe the issue still has resonance with their conservative base voters, especially if it is mixed in with images of Pelosi. And Lamb seems to be aware of the threat.

But Republicans could face their own political dilemma if the federal courts rule that DACA was illegal, which would effectively reinstate Trump’s order and revoke protections from those 800,000 people. Deportations could begin quickly.

“I don’t believe that Senator McConnell and the Republicans want to see too many people deported out of Nevada and Arizona in the weeks and months ahead,” Durbin said.

He named two southwestern states with large dreamer populations where Republicans are trying to defend two Senate seats that could flip control of the Senate in the November midterm elections.

Republicans are well aware of the potential for a court ruling at any time.

“I’ve been working in and around courts long enough to know things can turn on a dime,” said Cornyn, who served as Texas attorney general, and on the state Supreme Court, before winning his Senate seat 15 years ago.

That said, Cornyn remains less than optimistic about congressional action until that court order arrives and forces action. Stating the obvious, he said: “We don’t do things around here unless there is a deadline.”

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

Given the ugliness surrounding the farcical “debate” about Dreamers in the Senate and pressure exerted by the White Nationalists/Bakuninists in the House, perhaps it’s just as well that Dreamers are “forgotten” for now.

My prediction: It will take “regime change” — however long that might take — to solve the “Dreamers’ dilemma” on a long-term basis. In the meantime, I think that their status and fate will be tied up in the courts for a long, long time — wasteful, but an unfortunate fact of life when we have “Gonzo Government” elected by a minority of voters.

PWS

03-02-18

 

LAUREN MARKHAM IN THE NEW REPUBLIC: Why “Trumpism” Ultimately Will Fail – Those Ignorant of Human History & Unwilling To Learn From It Will Just Keep Repeating The Same Expensive Mistakes – “One tragic lesson of the extra-continentales is that no set of governments, however callous, can solve the migration crisis by closing its doors to refugees seeking shelter. . . . The doors will not hold, and neither will the fences. You can build a wall, but it will not work. Desperate people find a way.”

https://newrepublic.com/article/146919/this-route-doesnt-exist-map

“How efforts to block refugees and asylum-seekers from Europe have only made the global migration crisis more complex and harrowing

By 7 p.m., the sun had set and groups of young men had begun to gather inside a small, nameless restaurant on a narrow street in Tapachula, Mexico. Anywhere else in the city, a hub of transit and commerce about ten miles north of the Guatemalan border, there would be no mistaking that you were in Latin America: The open colonial plaza, with its splaying palms and marimba players, men with megaphones announcing Jesus, and women hawking woven trinkets and small bags of cut fruit suggested as much. But inside the restaurant, the atmosphere was markedly different. The patrons hailed not from Mexico or points due south but from other far-flung and unexpected corners of the globe—India, Pakistan, Eritrea, Cameroon, Sierra Leone, Congo. Men, and all of the diners were men, gathered around tables, eating not Mexican or Central American fare but steaming plates of beef curry, yellow lentils, and blistered rounds of chapati. The restaurant’s proprietor, a stern, stocky Bangladeshi man in his thirties named Sadek, circulated among the diners. He stopped at one table of South Asian men and spoke to them in Hindi about how much they owed him for the items he’d collected on their tab. The waitress, patiently taking orders and maneuvering among the crowds of men, was the only Spanish speaker in the room.

Outside, dozens of other such men, travelers from around the world, mingled on the avenue. They reclined against the walls of restaurants and smoked cigarettes on the street-side balconies of cheap hotels. They’d all recently crossed into the country from Guatemala, and most had, until recently, been held in Tapachula’s migrant detention center, Siglo XXI. Just released, they had congregated in this packed migrants’ quarter as they prepared to continue their journeys out of Mexico and into the United States. They had traveled a great distance already: a transatlantic journey by airplane or ship to Brazil; by car, bus, or on foot to Peru, Ecuador, and Colombia; through Panama, Costa Rica, and Nicaragua; on to Honduras, Guatemala, and into Mexico. Again and again, I heard their itinerary repeated in an almost metronomic cadence, each country a link in a daunting, dangerous chain. They’d crossed oceans and continents; slogged through jungles and city slums; braved detention centers and robberies; and they were now, after many months, or even longer, tantalizingly close to their final goal of the United States and refugee status.

Police in Tapachula, a Mexican city used as a waypoint for migrants known as extra-continentales, patrol past a Cameroonian traveler (in a striped shirt).

They are the extreme outliers of a global migration crisis of enormous scale. Today, more than 65 million people around the world have been forced from their homes—a higher number than ever recorded, as people flee war, political upheaval, extreme poverty, natural disasters, and the impacts of climate change. Since 2014, nearly 2 million migrants have crossed into Europe by sea, typically landing in Italy or Greece. They hail from dozens of countries, but most are from Syria, Afghanistan, Iraq, and Nigeria—countries struggling with war, political repression, climate change, and endemic poverty.

Their passage to supposed safety, which takes them across Libya and the Sinai, as well as the Mediterranean, has become increasingly perilous. According to the United Nations High Commissioner for Refugees, nearly 150,000 people crossed the Mediterranean in 2017. More than 3,000 are believed to have drowned. Stories of detention in Libya, as well as physical and sexual abuse, are commonplace among those who manage to make it to Europe. A recent CNN report depicted a Libyan slave auction, where people were being sold for as little as $400. Even the lucky ones who wash up on Europe’s shores may end up stuck for years in transit camps and detention centers in the south of the continent, in some cases only in the end to be deported. In 2013, in an effort to curb migration and ease the burden of migrants within its borders, the European Union began ramping up deportations. In 2016, nearly 500,000 people were deported from Europe.

While the global drivers of migration have not subsided—devastation in Syria and Afghanistan, political repression in parts of sub-Saharan Africa—200,000 fewer migrants attempted to cross into Europe in 2017 than the year before. In response to the migrant crisis, European countries have sent strong messages that newcomers are no longer welcome; they’ve built fences to stop refugees from crossing their borders and elected far-right politicians with staunchly anti-immigrant messages. Meanwhile, most asylum cases are stalled in overburdened court systems, with slim prospects for any near-term resolution, which leaves many migrants stuck in the wicked limbo of a squalid, under-resourced refugee camp or austere detention facility. Today, European authorities have stiffened their resistance not only to new arrivals, but to the hundreds of thousands of asylum-seekers who arrived years before and remain in an eerie liminal zone: forbidden to live or work freely in Europe and unwilling, or often unable, to go home.

Because of the high risks of crossing and the low odds of being permitted to stay, more and more would-be asylum-seekers are now forgoing Europe, choosing instead to chance the journey through the Americas that brings them to Sadek’s restaurant in Tapachula. Each year, thousands of migrants from the Middle East, Africa, and Asia make their way to South America and then move northward, bound for the United States—and their numbers have been increasing steadily. It’s impossible to know how many migrants from outside the Americas begin the journey and do not make it to the United States, or how many make it to the country and slip through undetected. But the number of “irregular migrants”—they’re called extra-continentales in Tapachula—apprehended on the U.S. side of the border with Mexico has tripled since 2010.

They remain a tiny fraction of the hundreds of thousands of Mexicans and Central Americans crossing into the United States. But it is a hastening trickle that may well become a flood. “These ‘extra-continental’ migrants will probably increase,” said Roeland De Wilde, chief of mission for the International Organization for Migrationin Costa Rica, “given the increased difficulties in entering Europe, relative ease of entry in some South American countries, and smugglers’ increased organization across continents.”

A migrant from Bangladesh, Sadek (in a red shirt) is part restaurateur, part migratory middleman. He can help a traveler with a good meal—or a good travel agent or immigration attorney.

One tragic lesson of the extra-continentales is that no set of governments, however callous, can solve the migration crisis by closing its doors to refugees seeking shelter. All Europe has done is redirect the flow of vulnerable humanity, fostering the development of a global superhighway to move people over this great distance. The doors will not hold, and neither will the fences. You can build a wall, but it will not work. Desperate people find a way.

Cette route,” a French-speaking man from Cameroon told me, one sweltering afternoon in Tapachula on the breezeless balcony of a hotel frequented by irregular migrants, “n’existe pas sur le map.” This route doesn’t exist on the map.”

 ****************************************
Read Lauren’s much longer complete article at the above link.  It’s one of the most incisive treatments of the worldwide migration phenomenon that I have seen recently. I highly recommend it.
Thanks to dedicated “Courtsider” Roxanne Lea Fantl of Richmond, VA for sending this item my way!
Shortly after I arrived at the Arlington Immigration Court, one of my wonderful colleagues told me “Paul, desperate people do desperate things. Don’t take it personally, and don’t blame them. We just do our jobs, as best we can under the circumstances.” Good advice, to be sure!
We can diminish ourselves as a nation, but that won’t stop human migration!
PWS
03-02-18

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

Bess Levin writes in Vanity Fair:

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

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

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

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

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

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

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

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

Scott Pruitt, risking his life, will fly coach

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

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

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

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

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

PWS

03-02-18

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

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

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

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

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

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

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

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

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

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

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

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

PWS

03-01-18

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Abagail Tracy reports for Vanity Fair:

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

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

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

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

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

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

PWS

02-28-18

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

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

 

Court hands DACA recipients another victory

By: Catherine E. Shoichet and Tal Kopan, CNN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Tal Kopan, CNN

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

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

Where border rhetoric meets reality

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

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

PWS

02-28-18

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

Tal Kopen reports for CNN:

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

 

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

By Tal Kopan, CNN

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

02-26-18