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.”

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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

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.

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

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

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

Maria Sacchetti reports for the Washington Post:

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

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

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

She got 10, after sending 65 applications.

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

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

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

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

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

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

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

Dreams and disbelief

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aramburo stepped forward.

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

 

 

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

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

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

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

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

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

PWS

02-23-18

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

Friends,

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

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

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

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

TAKING THE “SERVICE” OUT OF USCIS — Agency’s Mission Is Now To Serve White Nationalist, Anti-Immigrant Agenda — REWRITING HISTORY — US No Longer A Nation Of Immigrants — How Did All These NWGs (“Nasty White Guys”) Like Trump Cissna, & Sessions Get Here, Anyway?

https://www.vox.com/2018/2/22/17041862/uscis-removes-nation-of-immigrants-from-mission-statement

Dara Lind reports for Vox News:

“US Citizenship and Immigration Services isn’t for immigrants anymore.

That’s not an exaggeration. USCIS, the federal agency responsible for issuing visas and green cards and for naturalizing immigrants as US citizens, has unveiled a new mission statement that strips out all references to immigrants themselves — including taking out a line that called the US a “nation of immigrants.” And in an email to agency staff Thursday, as first reported by the Intercept’s Ryan Devereaux, director L. Francis Cissna bragged about the change — saying that USCIS wasn’t supposed to help immigrants and the US citizens seeking to sponsor them, but rather “the American people.”

The new mission statement, and Cissna’s justification, downplays the agency’s commitment to helping immigrants become American citizens and plays up the idea that US citizens attempting to bring their family members to the US don’t count as real Americans whose interests deserve to be protected.

USCIS’s new mission statement doesn’t just reflect the Trump administration’s hawkishness toward legal as well as unauthorized immigration. It encourages the notion that Americanness is a matter of blood and soil, of birth and descent, rather than an idea that anyone can be proud of regardless of where they were born.

Taking “citizenship” out of the mission of Citizenship and Immigration Services
The changes to the USCIS mission statement don’t change the work the agency actually does. But they make a symbolic statement that the Trump administration sees that work differently not just from how the Obama administration did, but from our traditional understanding of what Americanness means.

It’s not just the removal of the “nation of immigrants” line. The new mission statement removes all references to citizenship — instead of “immigration and citizenship benefits,” USCIS now just provides “immigration benefits,” and “promoting an awareness and understanding of citizenship” is kicked out of the mission entirely.

At the same time as the agency is deemphasizing the part of its job that involves turning immigrants into citizens, its new mission implies that the two groups — immigrants and Americans — are naturally in conflict:

U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.
Cissna’s email also told USCIS staff that they’re not supposed to call applicants “customers” anymore because their real customers aren’t immigrants — they’re the American people:

Referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as ‘customers’ promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law. […] Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.” [emphasis added]
It’s an odd statement to make. For one thing, USCIS is the rare federal agency that isn’t primarily funded through taxes — most of the money to run the agency comes from application fees. Immigrants applying for visas, green cards, and citizenship — and the US citizens and companies that have to sponsor some of those applications — are paying USCIS for the services they provide. By a commonsense definition, that’s what a customer is.

But what’s even more jarring than the redefinition of “customer” is the definition of “American.” Cissna’s statement strongly implies that “applicants and petitioners” don’t count as part of the “American people.” That might make sense if he were talking just about people newly coming to the US, or even if he were distinguishing “Americans” from noncitizens. But he’s not.

The “applicants” Cissna refers to include immigrants who are applying for US citizenship — the part of USCIS’s function that got stripped out of the mission statement. Not only does the new mission statement suggest that helping immigrants become Americans is no longer part of USCIS’ job, but by distinguishing “applicants” from “the American people,” it suggests that they can’t.

Furthermore, the overwhelming majority of petitioners for immigrants are US citizens petitioning for family members (or American businesses petitioning for employees). Those citizens may have been born abroad, but they’ve naturalized. They are as American as anyone else.

Does the Trump administration believe immigrants can integrate?
USCIS tends to be the most obscure of the Department of Homeland Security’s three immigration agencies, precisely because it’s the one that doesn’t deal with immigration enforcement (Customs and Border Protection addresses border enforcement; Immigration and Customs Enforcement takes care of interior enforcement). But immigrant rights advocates have been worried about the agency.

Cissna worked for Senate Judiciary Committee Chair (and immigration hawk) Chuck Grassley (R-IA) before being appointed to USCIS. The agency’s ombudsman office, which is supposed to provide transparency to the people who used to be called “customers,” is headed by Julie Kirchner, the former executive director of the Federation for American Immigration Reform — a group whose mission includes reducing legal immigration to the US.

There are already indications that the new leadership is encouraging applications to be processed more slowly and with more scrutiny. In winding down the Deferred Action for Childhood Arrivals program, they were more aggressive than Trump’s statements implied. At the same time, there’s been an apparent slowdown in the processing of naturalization applications and of work permits for some categories of immigrants.

By overhauling the mission statement, it’s clear that the new leadership wants to be noticed.”

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

The White Nationalist attack on America continues. At least they don’t make any secret about their xenophobia and disdain for immigrants, their rights, and their advocates.

It’s “war.” That’s why we need the “New Due Process Army!”

PWS

02-23-19

 

 

 

 

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

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

Family Pictures

Nolan writes:

. . . .

Compromise.

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

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

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

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

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

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

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

Bier writes:

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

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

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

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

I highly recommend Bier’s article

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

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

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

PWS

02-21-17

PAUL KRUGMAN @ NY TIMES: THE TRUMP-GOP KAKISTOCRACY – “ We are, instead, living in a kakistocracy, a nation ruled by the worst, and we need to face up to that unpleasant reality!”

https://www.nytimes.com/2018/02/19/opinion/gop-character-bad-faith.html

Krugman writes:

“Even those who have long since accepted the premise that Donald Trump is corrupt, self-centered and dishonest seem a bit shocked by his tirades over the Presidents’ Day weekend. Using the Parkland, Fla., massacre as an excuse to attack the F.B.I. for investigating Russian election intervention on his behalf — while lying about his own past denials that such intervention took place — took vileness to a new level, which is truly impressive given Trump’s previous record.

Yet if you step back a bit and think about it, Trump’s latest outbursts were very much in character — and I don’t just mean his personal character. When did you last see a member of the Trump administration, or for that matter any prominent Republican, admit error or accept responsibility for problems?

Don’t say that it has always been that way, that it’s just the way people are. On the contrary, taking responsibility for your actions — what my parents called being a mensch — used to be considered an essential virtue in politicians and adults in general. And in this as in so many things, there’s a huge asymmetry between the parties. Of course not all Democrats are honest and upstanding; but as far as I can tell, there’s almost nobody left in the G.O.P. willing to take responsibility for, well, anything.

And I don’t think this is an accident. The sad content of modern Republican character is a symptom of the corruption and hypocrisy that has afflicted half of our body politic — a sickness of the soul that manifests itself in personal behavior as well as policy.

Before I talk about that sickness, consider a few non-Trump examples of the lack of character that pervades this administration.

At the trivial but still telling end of the scale, we have the tale of Scott Pruitt, head of the Environmental Protection Agency, who keeps flying first class at taxpayers’ expense. The money isn’t the important issue here, although his spending violates federal guidelines. The revealing thing, instead, is the supposed reason he needs to fly premium — you see, ordinary coach passengers have been known to say critical things to his face.

Remember this story the next time someone talks about liberal “snowflakes.”

More seriously, consider the behavior of John Kelly, Trump’s chief of staff, whose record of slandering critics and refusing to admit error is starting to rival his boss’s. Remember when Kelly made false accusations about Representative Frederica Wilson and refused to retract those accusations even after video showed they were false?

More recently, Kelly insisted that he didn’t know the full details about domestic abuse allegations against Rob Porter until, a White House staff member said, “40 minutes before he threw him out” — a claim that seems at odds with everything we know about this story. Even if this claim were true, an apology for his obliviousness seems in order. But these guys don’t apologize.

Oh, and by the way: Roy Moore still hasn’t conceded.

So it’s not just Trump. And it didn’t start with Trump. In fact, way back in 2006 I wrote about the “mensch gap” in the Bush administration — the unwillingness of top officials to accept responsibility for the botched occupation of Iraq, the botched response to Hurricane Katrina, and more.

Nor, by the way, are we only talking about politicians. In my neck of the woods, I remain amazed by the unwillingness of right-leaning economists to admit that they were wrong in predicting that the Fed’s efforts to rescue the economy would cause runaway inflation. Being wrong is one thing — it happens to everyone, myself very much included. Refusing to admit and learn from error is something different.

And let’s be clear: Personal responsibility isn’t dead everywhere. You can ask, for example, whether Hillary Clinton apologized sufficiently for her initial support of the Iraq war or her missteps in 2016 — but she did admit to making mistakes, which nobody on the other side ever seems to do.

So what happened to the character of the G.O.P.? I’m pretty sure that in this case the personal is, ultimately, political. The modern G.O.P. is, to an extent never before seen in American history, a party built around bad faith, around pretending that its concerns and goals are very different from what they really are. Flag-waving claims of patriotism, pious invocations of morality, stern warnings about fiscal probity are all cover stories for an underlying agenda mainly concerned with making plutocrats even richer.

And the character flaws of the party end up being echoed by the character flaws of its most prominent members. Are they bad people who chose their political affiliation because it fits their proclivities, or potentially good people corrupted by the company they keep? Probably some of both.

In any case, let’s be clear: America in 2018 is not a place where we can disagree without being disagreeable, where there are good people and good ideas on both sides, or whatever other bipartisan homily you want to recite. We are, instead, living in a kakistocracy, a nation ruled by the worst, and we need to face up to that unpleasant reality.”

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

Yup. I also think that “Kleptocracy” and “Clownocracy” could be substituted for “Kakistocracy.”

PWS

02-20-18

LA TIMES: NEW DHS ENFORCEMENT POLICIES SEEK TO PUNISH CHILDREN AND PARENTS SEEKING ASYLUM – Really, Is This What We’ve Become As a Nation In The “Age of Trump?”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=371cd9b8-56d5-4cca-a96c-53e177ee2201

Molly Hennessy-Fiske reports for the LA Times

EL PASO — Thousands of parents who crossed illegally into the U.S. in recent years have been held with their children at immigration detention centers. But the case of a Brazilian woman and her son illustrates what migrant advocates call a harsher approach to immigration enforcement that aims to separate parents and children.

She’s being held in Texas, while her son was taken to a shelter in Illinois. The unspoken goal, advocates say, is to discourage parents from crossing illegally or attempting to request asylum.

The Brazilian mother — who asked to be identified only as Jocelyn because she was fleeing domestic violence — entered the U.S. in August with her 14-year-old son, who she said was being threatened by gangs. They hoped to apply for asylum.

Migrant families like Jocelyn’s are usually processed by immigration courts, an administrative process. Such families are detained together or released with notices to appear at later court proceedings. President Trump promised to end the practice, dismissing it as “catch and release.”

Historically, most border crossers were sent back to their home countries, but the Trump administration has threatened to prosecute some migrant parents because entering the country illegally is a federal crime. The first offense is a misdemeanor, with a maximum sentence of six months. Those caught a second time face a felony charge with a maximum sentence of up to 20 years, depending on their criminal record. Once a case becomes a criminal matter, parents and children are separated.

According to public defenders and immigrant advocates, more and more immigrant families who come to the southern border seeking asylum are being charged in federal criminal courts from El Paso to Arizona. Jocelyn was charged with a misdemeanor, and her son was sent to a shelter in Chicago. Comprehensive statistics do not exist, but activists and attorneys say anecdotal evidence suggests the practice is spreading.

“There’s not supposed to be blanket detention of people seeking asylum, but in reality, that’s what’s happening” in El Paso, said Dylan Corbett, director of the Hope Border Institute, a nonprofit social justice group. “We’re still in this limbo in our sector and across the border: What’s going on? What are the new policies?”

Last week, 75 congressional Democrats led by Rep. Lucille Roybal-Allard (D-Downey) sent a letter to the secretary of Homeland Security expressing outrage at increased family separations and demanding officials clarify their policies within two weeks.

“We are gravely concerned that these practices are expanding and worsening, further traumatizing families and impeding access to a fair process for seeking asylum,” they wrote.

Homeland Security won’t say it is targeting families but does say it is making procedural and policy changes to deter illegal immigration.

“The administration is committed to using all legal tools at its disposal to secure our nation’s borders,” said Tyler Houlton, a Homeland Security spokesman.

Jocelyn said she fled Brazil to escape an abusive husband. During a recent meeting at the El Paso detention center where she is being held, she lifted the sleeve of her white uniform to show scars on her arm that she said came from beatings by her husband, an armed security guard who refused to grant her a divorce.

She and her son flew to Mexico on Aug. 24, crossed the border two days later, turned themselves in to Border Patrol near El Paso and were told they would be separated.

“I didn’t know where they were taking him,” she said of her son. “They didn’t tell me. I asked many times. They just said ‘Don’t worry.’ ”

Elsewhere on the border, including Texas’ Rio Grande Valley to the east where most migrants cross illegally, many parents and children are still released together with notices to appear in immigration court.

To opponents of illegal immigration, the practice of charging migrants with criminal offenses is a good thing. Andrew Arthur, a former immigration judge now serving as a resident fellow at the conservative Washington-based Center for Immigration Studies, said criminal charges are a deterrent.

“The reason the children are there to begin with is this belief [among immigrants] that a parent with a child will not be detained,” Arthur said. He added that exposing children to smugglers who could abuse and kidnap them “borders frankly on child abuse.”

Last April, Atty. Gen. Jeff Sessions issued guidance to U.S. attorneys urging more aggressive prosecution of those illegally reentering the country. As the number of migrant families crossing illegally increased last summer, parents were detained by U.S. marshals, but their children were reclassified as unaccompanied minors and placed at shelters across the country by the Office of Refugee Resettlement.

Migrant advocates sued in federal court, arguing that when asylum seekers declare a fear of returning to their home country, federal law dictates that they be referred to an asylum officer, even if they crossed the border illegally, and their cases considered by immigration judges.

In October, El Paso immigrant advocates asked Border Patrol officials whether they were separating migrant parents from their children.

“They volunteered yes, we’re doing family separation,” Corbett recalled, adding that one agent “said it was standard practice locally here in the sector to separate all children 10 years and older from their family. We were all shocked.”

Afterward, Border Patrol attorney Lisa Donaldson emailed those who had attended the meeting, insisting that the “Border Patrol does not have a blanket policy requiring the separation of family units” and that any increase in separations “is due primarily to the increase in prosecutions of immigration-related crimes.”

Daryl Fields, a spokesman for the U.S. attorney’s office in western Texas, which files federal criminal charges, said each case is considered individually and that “we do not target individuals for prosecution based on their parental status.”

Federal public defenders said that criminally charging asylum seekers not only violates international treaties, it encourages migrants to plead guilty so they can end their case quickly, get deported and try to reunite with their children.

“It impacts the lawfulness or constitutionality of their guilty plea,” said Maureen Franco, the federal public defender for the western district of Texas. “They’re under the misconception ‘The quicker I get my case over with, the quicker I’ll get my children back.’ Any lawyer worth their salt will tell them it’s not like that.”

Franco’s office has asked a federal court to dismiss improper entry charges against four Central American parents and a grandmother whose children were removed after the adults were detained. A judge ruled in favor of the government Jan. 5. Federal public defenders are appealing.

Immigration attorney Bridget Cambria has handled 15 family separation cases, including several mothers charged and separated from their children in El Paso.

“There’s huge questions about whether it’s legal when they’re seeking asylum. They’re using the federal statutes as a reason to take their child,” Cambria said.

It’s not clear how many migrant parents like Jocelyn have been charged and separated from their children. Federal public defenders and U.S. district courts do not track them. U.S. Customs and Border Protection reported just five migrant family members referred for prosecution in federal criminal court this year fiscal year, which started in October. It reported seven last fiscal year and 21 the year before that.

Estimates from migrant advocacy groups are much higher.

In Arizona, the Tucson-based Florence Immigration and Refugee Rights Project saw 213 such cases last year, an increase from the 190 cases the year before. Legal director Laura St. John said the group has already served 23 separated families this year.

A dozen cases of family separation were reported by Washington-based Lutheran Immigration and Refugee Service. Hope Border Institute surveyed attorneys representing 90 asylum seekers in the El Paso area between June and November 2017 and found 94% had clients separated from their children.

In December, a host of immigrant advocacy groups filed a complaint with Homeland Security alleging that parents have been charged and separated from their children, “without a clear or reasonable justification, as a means of punishment and/or deterrence, and with few mechanisms to locate, contact, or reunite with family members.” The complaint is pending.

As for Jocelyn, a federal judge in Las Cruces found her guilty of crossing the border illegally, a misdemeanor, on Sept. 22. She received a suspended sentence and was transferred to immigration detention in El Paso. Instead of self-deporting, Jocelyn stayed to pursue her asylum claim.

She learned through the Brazilian Consulate that her son was at a Chicago shelter and she has since spoken to him by phone four times.

She said her son told her that other children of migrants in the shelter tried to run away because they missed their parents. Jocelyn urged her son to stay put. He promised he would.

She worries, but is hopeful. Immigration officials recently found she has a credible fear of returning home, the first step toward obtaining asylum, and a pro bono attorney is trying to get her released on bond.

She tried to reassure her son during a recent phone call. “As soon as I get out,” she said, “I will come get you.”

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Wow! What a great way to spend U.S. Government funds! Picking on refugees —  abused women and kids who have the audacity to seek to exercise their legal rights under our laws and International Conventions.

Let’s get down to the truth here. “Jocelyn” in the above article appears to be a legitimate refugee. Assuming she’s telling the truth — and she has the scars to prove it, she should be a “slam dunk” asylum grant under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014) (domestic violence can be a basis for asylum).

The logical way of proceeding would be to release her while making sure she gets linked up with a good pro bono organization who can assign a lawyer to investigate, confirm, and document her case and then file the asylum application with the Immigration Court. In my experience, a well-documented case like this could go on an “accelerated short docket.” There it could be granted, basically by stipulation of the parties, after short testimony to confirm key events and double-check for any criminal or security grounds. With adequate preparation, and cooperation between the pro bono lawyer and the DHS Assistant Chief Counsel, this case should take no more than 30 minutes, one hour “tops,” of precious hearing time.

No need for detention, clogging the Immigration Courts’ Individual Hearing dockets, or any other form of “Aimless Docket reshuffling.” Best of all, we’re in compliance with the laws and our Constitutional guarantees of Due Process. Sounds like a “winner” to me for all concerned.

I have no doubt that there are many “Jocelyns” out there among recent border arrivals. Even those who don’t technically have “grantable” asylum claims under the overly restrictive precedents, should, if credible, be able to document strong cases for relief under the Convention Against Torture given the breakdown in government authority and de facto control by gangs in most parts of the Northern Triangle, the source of most of today’s Southern Border asylum  applicants.

So, why are we wasting money on detention and criminal prosecution to keep folks who seldom if ever present any threats to the United States from getting the protection to which our laws entitle them? Why are we trying to send (usually ineffective in any event) “don’t come” messages to people who have a right to seek protection under our laws? Why would we make it difficult for individuals to exercise their statutory right to be represented by counsel and to have adequate time to prepare their cases?

Sounds to me like DHS and the Administration are abusing our laws and our Constitutional guarantees and wasting lots of time and money in the process. Ultimately, that’s something of which we should be ashamed.

PWS

02-20-18

GONZO’S WORLD: TRUMP & SESSIONS ARE SYSTEMATICALLY DISMANTLING OUR JUSTICE SYSTEM – THE “BOGUS FOCUS” ON IMMIGRATION ENFORCEMENT IS KEY TO THEIR DESTRUCTIVE STRATEGY! — “Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration.”

https://www.nytimes.com/2018/02/17/opinion/sunday/donald-trump-and-the-undoing-of-justice-reform.html

The New York Times Editorial Board writes:

“In the decade or so before Donald Trump became president, America’s approach to criminal justice was changing fast — reckoning with decades of destructive and ineffective policies that had ballooned the prison population and destroyed countless lives. Red and blue states were putting in place smart, sensible reforms like reducing harsh sentencing laws, slashing prison populations and crime rates, and providing more resources for the thousands of people who are released every week.

President Obama’s record on the issue was far from perfect, but he and his first attorney general, Eric Holder Jr., took several key steps: weakening racially discriminatory sentencing laws, shortening thousands of absurdly long drug sentences, and pulling back on the prosecution of low-level drug offenders and of federal marijuana offenses in states that have legalized it. This approach reflected state-level efforts and sent a message of encouragement to those still leery of reform.

Within minutes of taking office, Mr. Trump turned back the dial, warning darkly in his Inaugural Address of “American carnage,” of cities and towns gutted by crime — even though crime rates are at their lowest in decades. Things only got worse with the confirmation of Attorney General Jeff Sessions, who, along with Mr. Trump, appears to be stuck in the 1980s, when politicians exploited the public’s fear of rising crime to sell absurdly harsh laws and win themselves re-election. Perhaps that’s why both men seem happy to distort, if not outright lie about, crime statistics that no longer support their narrative.

Last February, Mr. Trump claimed that “the murder rate in our country is the highest it’s been in 47 years.” Wrong: The national rate remains at an all-time low. It’s true that the 10.8 percent increase in murders between 2014 and 2015 was the largest one-year rise in more than four decades, but the total number of murders is still far below what it was in the early 1990s.

 

As bad as the dishonesty is the fact that Mr. Trump and Mr. Sessions have managed to engineer their backward worldview largely under the public’s radar, as a new report from the Brennan Center for Justice documents. Last May, Mr. Sessions ordered federal prosecutors to charge as aggressively as possible in every case — reversing a policy of Mr. Holder’s that had eased up on nonviolent drug offenders and others who fill the nation’s federal prisons. In January, Mr. Sessions rescinded another Obama-era policy that discouraged federal marijuana prosecutions in states where its sale and use are legal. (Mr. Sessions has long insisted, contrary to all available evidence, that marijuana is “a dangerous drug” and “only slightly less awful” than heroin.)

These sorts of moves don’t get much attention, but as the report notes, they could end up increasing the federal prison population, which began to fall for the first time in decades under Mr. Obama.

The reversal of sensible criminal justice reform doesn’t stop there. Under Mr. Trump, the Justice Department has pulled back from his predecessor’s investigations of police abuse and misconduct; resumed the use of private, for-profit prisons; and stopped granting commutations to low-level drug offenders who have spent years or decades behind bars.

Meanwhile, Mr. Sessions, who as a senator was one of the most reliable roadblocks to long-overdue federal sentencing reform, is still throwing wrenches into the works as Congress inches toward a bipartisan deal. Mr. Sessions called the Sentencing Reform and Corrections Act, a sweeping bill that would reduce some mandatory-minimum sentences, and that cleared the Senate Judiciary Committee on Thursday, a “grave error.” That earned him a rebuke from the committee’s chairman, Senator Charles Grassley, who pointed out that the attorney general is tasked with enforcing the laws, not writing them. “If General Sessions wanted to be involved in marking up this legislation, maybe he should have quit his job and run for the Republican Senate seat in Alabama,” Mr. Grassley said.

Mr. Grassley is no one’s idea of a justice reformer, but he supports the bill because, he said, it “strikes the right balance of improving public safety and ensuring fairness in the criminal justice system.”

So what has this administration done right? The list is short and uninspiring. In October, Mr. Trump declared the epidemic of opioid abuse a national emergency, which could be a good step toward addressing it — but he’s since done almost nothing to combat a crisis that killed more than 64,000 Americans in 2016.

In his State of the Union address last month, Mr. Trump promised to “embark on reforming our prisons to help former inmates who have served their time get a second chance.” It’s great if he really means that, but it’s hard to square his assurance with his own attorney general’s opposition to a bill that includes recidivism-reduction programs intended to achieve precisely this goal.

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

The rhetoric from the White House and the Justice Department has emboldened some state and local officials to talk tougher, even if just as ignorantly, about crime. The good news is that it’s not working as well anymore. In Virginia’s race for governor last fall, the Republican candidate, Ed Gillespie, attacked his opponent, Ralph Northam, with ads blaming him for violence by the MS-13 gang.

It was a despicable stunt, its fearmongering recalling the racist but effective Willie Horton ad that George H. W. Bush ran on in his successful 1988 presidential campaign. Thankfully, Virginia’s voters overwhelmingly rejected Mr. Gillespie, another sign that criminal justice reform is an issue with strong support across the political spectrum. In the era of Donald Trump, candidates of both parties should be proud to run as reformers — but particularly Democrats, who can cast the issue not only as a central component of a broader progressive agenda, but as yet another example of just how out of touch with the country Mr. Trump and his administration are.”

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I know it’s quoted above, but two paragraphs of this article deserve re-emphasis:

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

Gonzo consistently uses bogus statistics, fear-mongering, racial innuendo, and outright slurs of immigrants, including Dreamers, and their advocates to advance his White Nationalist agenda at Justice.

At the same time, he largely ignores or proposes laughably inadequate steps to address the real justice problems in America: Russian interference, the opioid crisis, uncontrolled gun violence (much of it involving mass shootings by disgruntled White Guys with assault-type weapons), overcrowded prisons, lack of an effective Federal community-based anti-gang effort in major cities, hate crimes committed by White Supremacists, grotesquely substandard conditions in civil immigration detention, and the uncontrolled backlogs and glaring denials of Due Process and fairness to migrants in our U.S. Immigration Court System.

How long can America go without a real Attorney General who acknowledges the rights of all people in America? How will we ever recover from the damage that Gonzo does every day he remains in the office for which he is so supremely unqualified?

PWS

02-19-18

 

DREAMER DEBACLE: MY THREE “TAKEAWAYS”

DREAMER DEBACLE: MY THREE “TAKEAWAYS”
  • Trump and the GOP aren’t going to help the Dreamers. While the majority of GOP voters are favorably disposed to Dreamers, it isn’t a priority for them. Unlike the Dems, GOP legislators aren’t getting pressure from their constituents to solve the Dreamer problem. Meanwhile, “the base” doesn’t like the Dreamers. Without Trump’s support, the GOP isn’t going to press the issue. With Trump’s active opposition and veto threats, the Dreamers are “dead meat” as far as the GOP is concerned.

 

  • The Democrats can’t help the Dreamers from their minority position. The minority doesn’t get to control the agenda, particularly over the President’s active opposition. No, it doesn’t make sense to blame Schumer for sacrificing “leverage” he never really had. The shutdown didn’t work. The Dems and the Dreamers were losing the public opinion battle. Since the GOP is basically out to destroy Government (other than the military) they didn’t feel much pressure to make concessions to the minority to get it reopened.

 

  • The Dreamers aren’t going anywhere. It’s a tossup whether the Supremes will intervene in Trump’s favor in the Dreamer case. We will probably find out within the next week. Even if the Supremes do Trump’s bidding, there is no way Trump can deport 700,000 Dreamers. Unlike the semi-helpless women and children detained at the border that Trump & Sessions like to pick on, the Dreamers have resources, community support, and access to good lawyers. They have lots of possible defenses to removal and some affirmative causes of action that should keep the legal system occupied for decades, or at least until we get regime change and wiser legislators finally put the Dreamers on the path to citizenship.

PWS

02-18-18

PETER BEINART IN THE ATLANTIC: ANTI-LATINO RACISM IS NOW THE MAJOR PLANK IN THE TRUMP GOP IMMIGRATION PLATFORM: “When Americans talk about undocumented immigrants, Latinos or immigrants in general . . . the images in their heads are likely to be the same.” — Since Trump & Sessions Are Well-Established Scofflaws – Trump Regularly Bashes The FBI & Ignores Ethics Laws, While Sessions Is Openly Scornful Of The Federal Courts And Constitutional Abortion Rights – They Need To Play To “Tribal Bias” Rather Than The “Rule of Law!”

https://www.theatlantic.com/politics/archive/2018/02/what-the-new-gop-crack-down-on-legal-immigration-reveals/553631/

Beinart writes:

“The Trump-era GOP cares more about the national origin and race of immigrants than the methods they used to enter the United States.

In this August 2015, photo, a woman approaches the entrance to the Mexico border crossing in San Ysidro, California.Lenny Ignelzi / AP
A few weeks ago, the contours of an immigration compromise looked clear: Republicans would let the “dreamers” stay. Democrats would let Trump build his wall. Both sides would swallow something their bases found distasteful in order to get the thing their bases cared about most.Since then, Trump has blown up the deal. He announced on Wednesday that he would legalize the “dreamers,” undocumented immigrants brought to the U.S. as children, only if Democrats funded his wall and  ended the visa lottery and “chain migration.” He would support a path to citizenship for undocumented immigrants only if Congress brought the number of legal immigrants down.

There’s an irony here, which was pointed out to me by CATO Institute immigration analyst David Bier. Until recently, Republican politicians drew a bright line between illegal immigration, which they claimed to hate, and legal immigration, which they claimed to love. Florida Senator Marco Rubio launched his presidential campaign at the Freedom Tower, Miami’s Ellis Island. Texas senator Ted Cruz, who in 2013 proposed a five-fold increase in the number of H1B visas for highly skilled immigrants, declared in April 2015 that, “There is no stronger advocate for legal immigration in the U.S. Senate than I am.” Mitt Romney promised in 2007 that, “We’re going to end illegal immigration to protect legal immigration.”

Trump has turned that distinction on its head. He’s willing to legalize the “dreamers”—who came to the United States illegally—so long as the number of legal immigrants goes down. He has not only blurred the GOP’s long-held moral distinction between legal and illegal immigration. In some ways, he’s actually flipped it—taking a harder line on people who enter the U.S. with documentation than those who don’t.

What explains this? Trump’s great hidden advantage during the 2016 Republican presidential primary was his lack of support from the GOP political and donor class. This allowed him to jettison positions—in support of free trade, in support of the Iraq War, in support of cutting Medicare and Social Security—that enjoyed support among Republican elites but little support among Republican voters. He did the same on immigration, where the “legal good, illegal bad” distinction turned out to be much more popular among the party’s leaders than among its grassroots. Cribbing from Ann Coulter’s book, Adios America, Trump replaced the legal-illegal distinction with one that turned out to have more resonance on the activist right: The distinction between white Christian immigrants and non-white, and non-Christian ones.The words “illegal immigration” do not appear in Trump’s presidential announcement speech. Instead, Trump focused on immigrants’ country of origin. “When Mexico sends its people,” he declared, “they’re not sending their best … They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists … It’s coming from more than Mexico. It’s coming from all over South and Latin America, and it’s coming probably—probably—from the Middle East.”

Trump, who often says bluntly what other Republicans say in code, probably realized that “illegal immigrant” was, for many voters, already a euphemism for Latino or Mexican-immigrants. In their book White Backlash, the political scientists Marisa Abrajano and Zoltan Hajnal cite a poll showing that 61 percent of Americans believe that most Latino immigrants are undocumented even though only about a quarter are. “When Americans talk about undocumented immigrants, Latinos or immigrants in general,” they note, “the images in their heads are likely to be the same.”

What really drove Republican opinion about immigration, Trump realized, was not primarily the fear that the United States was becoming a country of law-breakers. (Republicans, after all, were not outraged about the lack of prosecution of tax cheats.) It was the fear that the United States—which was becoming less white and had just elected a president of Kenyan descent—was becoming a third world country.When the Public Religion Research Institute and Brookings Institution asked Americans in 2016 their views of immigration from different parts of the world, it found that Republicans were only three points more likely than Democrats to want to reduce immigration from “predominantly Christian countries” and only seven points more likely to want to reduce immigration from Europe. By contrast, they were 33 points more likely to support reducing immigration from Mexico and Central America and 41 points more likely to support reducing immigration from “predominantly Muslim countries.” What really drives Republican views about immigrants, in other words, is less their legal status than their nation of origin, their religion, and their race.

Trump grasped that during the campaign, and in coalition with a bevy of current and former Southern Senators—Jeff Sessions, David Perdue and Tom Cotton—he has used it to turn the GOP into a party devoted to slashing legal immigration. On Thursday, when presented with a bill that traded the legalization of dreamers for more border security but did not reduce legal immigration, only eight Republican Senators voted yes. However, 37 voted for a bill that legalized the “dreamers,” added more border security and substantially reduced legal immigration.

But there’s another reason Trump has succeeded in erasing the “legal good, illegal bad” distinction that for years governed GOP immigration debate. He’s made Republicans less concerned with legality in general. In 2012, the GOP—which was then-outraged by executive orders that supposedly displayed President Barack Obama’s contempt for the constitutional limits of his office—titled the immigration section of its platform, “The Rule of Law: Legal Immigration.” The seven paragraph-section used variations of the word “law” fourteen times.That emphasis is harder now. In his ongoing battles with the FBI, Justice Department, judiciary and Special Counsel Robert Mueller, Trump has convinced many Republicans that the “rule of law” is often a cloak for the partisan biases of the “deep state.” As a result, Republicans are now 22 pointsless likely to hold a positive opinion of the FBI than they were in 2015.

What really matters for many Republicans in Trump’s standoff with Mueller and the FBI is not who has the law on their side, since the bureaucracy can twist the law to its own advantage. What really matters is who enjoys the backing of “the people,” the authentic America that resides outside the swamp, a construct that definitely does not include the imagined beneficiaries of “chain migration” and the “visa lottery.”

In the Trump era, Republicans now justify their immigration views less by reference to law than by reference to tribe. Which, not coincidentally, is how they justify Trump’s presidency itself.”

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Marco Rubio has already seen the downside of trying to become a national force in the GOP by advocating a moderate, pro-business, pro-immigrant, not overtly anti-Hispanic policy. I suspect if and when Ambassador Nikki Haley tries to make a bid for national office in the GOP she’ll find out that the Miller-Sessions-Cotton-Perdue-King group and Trump supporters will treat her with the same disrespect, bias, and disdain that they usually reserve for smart, capable Latinas, children fleeing for their lives from the Northern Triangle, and “Dreamers.”

And folks like Sen. Tim Scott will find that even consistent support for a right-wing GOP that regularly disses African-Americans and Hispanics won’t give him “White Guy” status in the larger GOP world. A useful vote in the Senate. That’s about it. Reportedly, Scott once talked to Trump about the latter’s “tone” on race. How did that work out, Tim? But, hey, as long as you vote for big tax breaks for the wealthy, cuts in health care, and are happy to threaten the benefits, remaining dignity, and lives of the poor, you can at least retain your status a “club member at the retail level.”

PWS

02-18-18

NIGHTMARE: TRUMP AND THE GOP’S UGLY LEGACY TO DREAMERS: “They will lose jobs and, in many cases, driver’s licenses, tuition subsidies and health insurance. They will slip into the shadows in the only country they know. This will be Mr. Trump’s legacy and the true reflection of his ‘great heart.’”

https://www.washingtonpost.com/opinions/mr-trump-to-the-dreamers-drop-dead/2018/02/17/26799300-1320-11e8-8ea1-c1d91fcec3fe_story.html

By the Washington Post Editorial Board:

“PRESIDENT TRUMP has often spoken and tweeted of the soft spot in his “great heart” for “dreamers,” the hundreds of thousands of young immigrants brought to this country as children. This supposed concern has now been revealed as a con.

Offered bipartisan legislation in the Senate that would have protected 1.8 million dreamers from deportation, in return for a down payment on the $25 billion wall Mr. Trump assured voters that Mexico would finance, the president showed his cards. The deal was a “total catastrophe,” the president said, punctuating a day in which the White House mustered all its political firepower in an effort to bury the last best chance to protect an absolutely blameless cohort of young people, raised and educated as Americans.

Despite the withering scorn heaped on the bipartisan plan by Mr. Trump, with a hearty second by Senate Majority Leader Mitch McConnell (R-Ky.), eight Republican senators backed it, giving it a total of 54 votes — six shy of the 60 required for passage. Had Mr. Trump stayed silent, or suggested he could accept a modified version, the bill may very well have passed. But he turns out to be far less interested helping the dreamers — helping anyone, really — than in maintaining his anti-immigrant political base.

His own blueprint, an obvious nonstarter that included sharp cuts to legal immigration, mustered just 39 votes in the Senate, nearly all Republicans. That’s a telling total, one that mirrors the percentage of Americans who still support him. Of the four immigration measures voted on in the Senate last week, the Trump bill had the least support.

The White House wasn’t surprised. By yoking its proposal for protecting dreamers to a hard-line wish list, the president guaranteed its defeat — and maintained the president’s own bona fides as a resolute champion of the nation’s xenophobes.

The president, along with Mr. McConnell, is intent on a blame game, not a solution. He suggested no compromises and engaged in no negotiations, preferring to stick with maximalist demands. Despite barely mentioning it as a candidate, Mr. Trump has not budged from insisting on a plan to reduce annual legal immigrants to the United States by hundreds of thousands, to the lowest level in decades.

That’s bad policy for a country with an aging population and an unemployment rate that ranks among the lowest in the industrialized world. More to the point, even if you favor lower levels, it was guaranteed in the context of this debate to doom the dreamers — especially after Democrats had already compromised substantially on the border security that Mr. Trump initially set as his price.

And what of the dreamers, whom Mr. Trump addressed repeatedly in calming tones, telling them not to worry? For the time being, federal courts have preserved their work permits and protections from deportation. Meanwhile, though, his administration is pressing ahead, asking the Supreme Court to uphold the president’s effort to end Deferred Action for Childhood Arrivals, the Obama-era program that has shielded dreamers since 2012.

If the administration is successful, as many legal experts expect, the lives, hopes and futures of nearly 2 million young immigrants will be upended. They will lose jobs and, in many cases, driver’s licenses, tuition subsidies and health insurance. They will slip into the shadows in the only country they know. This will be Mr. Trump’s legacy and the true reflection of his “great heart.”

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As pointed out in this editorial, the best chance for a compromise, basically “Dreamers for Wall,” likely would have passed both Houses had Trump put himself fully behind it and pressured McConnell and Ryan to make it happen. But, that was never in the cards. The whole charade was always about Trump looking for a way to avoid taking responsibility for the Dreamer fiasco and proving to his “base” that he never really lost sight of their racist views.

About the only good thing was that the Administration’s “Miller-drafted” “Advancing White Supremacy and Xenophobic Racism Act of 2018” was defeated by the biggest margin of any of the proposals. But, that’s not much solace to the Dreamers, although it does help our country by staving off an insane cut in legal immigration that would have been “bad policy for a country with an aging population and an unemployment rate that ranks among the lowest in the industrialized world.”

PWS

02-18-18

 

WHAT DOES TRUMP HAVE IN COMMON WITH THE GAMBINO CRIME FAMILY OTHER THAN AUDACIOUS DISHONESTY AND A PENCHANT FOR FRAUD? — PERHAPS, MUELLER & CO ARE GOING TO “ROLL UP” THE TRUMPSTERS JUST THE WAY THEY DID THE GAMBINOS! – Will Rick Gates Be The Reincarnation of “Sammy The Bull?”

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

Abigail Tracy writes in Vanity Fair:

“Even among some of Donald Trump’s allies, there is a sense of astonishment at the White House’s handling of Robert Mueller’s Russia investigation. “It’s like no one took down the Gambino family,” Steve BannontoldChris Whipple in a book adaptation the Hive published this week. “Mueller’s doing a roll-up just like he did with the Gambinos. [Paul] Manafort’s the caporegime, right? And [Rick] Gates is a made man!” Indeed, Mueller, who led the F.B.I. takedown of the infamous crime family in the early 1990s, famously cutting a deal with Sammy the Bull to flip on mob boss John Gotti, appears to be executing what some have called a “Gambino-style roll-up.” First, he flippedformer Trump campaign adviser George Papadopoulos; then, he turnedousted national security adviser Michael Flynn. Now, CNN reports, Mueller appears to be in the final stages of a plea deal with Gates, Trump’s former deputy campaign chairman and a longtime business associate of Manafort, who was indicted alongside him last fall.

The White House reportedly views Gates’s testimony as a threat to Manafort, and not to the president. “There’d be no anxiety here,” a White House official told CNN when asked about the possibility that Gates will cut a deal. The charges against the two, after all, had nothing do with Russian collusion; the 12 counts included failure to register as a foreign agent, false and misleading statements related to that registration, and seven counts of improper foreign financial reporting—all as part of a broader conspiracy to launder millions of dollars from their consulting work in Ukraine into the United States. Manafort has pleaded not guilty, and is fighting the charges. But Gates, who has also pleaded not guilty, has been grappling with financial troubles and difficulties with his legal team. According to CNN, he has been in plea negotiations with Mueller’s team of F.B.I. investigators for about a month, and has already given an interview in which he would have revealed any knowledge he might have of criminal activity that could be traded for leniency or immunity in sentencing.

What this means for the White House isn’t exactly clear. While Manafort’s reign as campaign chairman and Gates’s role as his deputy were short-lived, the duo oversaw a series of events and interactions that have come under intense scrutiny in the ongoing Justice Department probe. Manafort and Gates ran the Trump campaign in the summer of 2016, during which Donald Trump Jr. held his infamous Trump Tower meeting with a Russian lawyer. They were also on board during the Republican National Convention, where a number of Trump campaign officials and surrogates met with Russian officials and campaign officials altered the language of the official G.O.P. platform on Ukraine to be more sympathetic to Russian interests. While Manafort was replaced by Bannon after The New York Times alleged that handwritten ledgers showed millions in undisclosed cash payments designated for Manafort in Ukraine—a claim Manafort denies—Gates continued to work with the Trump campaign through the transition, and served as a senior official on Trump’s inaugural committee.”

For now, the most significant facts in the case remain under lock. Adam Schiff, the top ranking Democrat on the House Intelligence Committee, said Tuesday that the panel has discovered evidence of collusion between the Trump campaign and the Russians during the 2016 campaign, as well as evidence of subsequent obstruction. “There is certainly an abundance of non-public information that we’ve gathered in the investigation,” Schiff toldreporters. Whether that information is actionable remains to be seen. According to the White House’s own budget request, the administration expects Mueller’s investigation to continue well into next year, despite repeated assurances from the president’s legal team that it was approaching a conclusion. If Gates has the goods, perhaps it will end sooner.

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No, the “Don of Con” isn’t “in the clear” as he incredibly asserts. In fact, it appears that the noose is slowly tightening. Exactly the kind of “dangling in the wind” to which The Don likes to subject those subordinates whom he suspects of disloyalty.

“Where there’s smoke, there’s fire.” And, there’s so much smoke surrounding The Don, his family, and his current and former associates right now that it’s a miracle nobody in the White House has succumbed to smoke inhalation.

PWS

02-17-18

BESS LEVIN @ VANITY FAIR: CORPORATE AMERICA HELPED DIVVY UP THE SPOILS AFTER TRUMP & THE GOP LOOTED OUR TREASURY – THEY APPROPRIATED MOST OF THE LUCRE, LEAVING MERE CRUMBS FOR WORKERS – BUT, WHEN THEIR “USEFUL IDIOT” TURNED HIS IDOCY ON “DREAMERS,” THEREBY THREATENING OUR ECONOMIC WELL-BEING, THEY WERE VERY UNHAPPY!

Bess writes: