POLITICS: WASHPOST OPINION: Harvard’s Danielle Allen Has Some Advice For Dems!

https://www.washingtonpost.com/opinions/what-should-democrats-be-trying-to-achieve-submit-your-ideas/2017/07/03/d1e06aa6-5ddc-11e7-9fc6-c7ef4bc58d13_story.html?hpid=hp_no-name_opinion-card-d%3Ahomepage%2Fstory&utm_term=.90fd322b7995

Allen writes:

“By now, we should all be bored to death with despairing Democrats’ decrying the non-appeal of their “brand.” If they remembered that we were citizens, not consumers, they might bother to develop some ideas and propose to lead us somewhere, anywhere. Perhaps the anti-Trump resistance could tackle the challenge of building a positive vision. “Resist and rebuild” might be the mantra.

The original Independence Day was one of construction. By July 4, work on the Articles of Confederation and state constitutions was already well advanced. Maybe the thing to do is have a competition. Hear ye, hear ye, all Americans, what do you think Democrats should be trying to achieve? Submit your ideas!

I, for one, would love to see somebody stand up on some platform somewhere and say something like the following:

We are better than this, America. Better than this division, disdain and despair. We will chase away the clouds and let the sun shine through. The sun of honor and truth. The sun of freedom, fairness and equality.

We will connect, empower and emancipate Americans.

How? By transforming transportation, housing, criminal justice and health care.

We will get our fiscal house in order — achieving a new social contract across generations to rebalance Social Security and Medicare. With our own resources — and without Saudi infrastructure investments being arranged at the same moment that sales of arms to the kingdom are being hammered out — we’ll rebuild our transportation infrastructure. We’ll reconnect rural America to mobility and break the grip of deadening traffic on the lives of urban and suburban residents. By banishing remoteness, we’ll restore opportunity. With less time in cars, we’ll have more time for neighbors; parents will have more time for kids.

We will tackle the true housing crisis: the high cost of rent and the limited availability of affordable housing in places where there is economic opportunity. While real estate developers get rich on the tax treatment of commercial real estate losses, ordinary Americans keep taking hits. We will address underwater mortgages that continue to trap people in undesirable situations and make moving a threat to one’s retirement. An America on the move is an America empowered, firing up engines of opportunity now stalled out.

We will end the war on drugs, build universal health care and reinvest in education. Criminal justice isn’t the tool for the problem of addiction. Health care is. We can and should fight high-level traffickers, but we should emancipate those who suffer from addiction, by calling on the blessings of medicine. We can and should rally the international community against international trafficking, but we must emancipate young people entrapped as low-level employees in international cartels’ predatory distribution systems. They need pathways out — through education and jobs. And we must emancipate communities of color from mass incarceration’s devastation. We must liberalize our drug laws at last.

The time has also come for universal health care. Where Medicaid has expanded, states are better able to fight opioid addiction. When children go to school healthy, they learn better. As Thomas Paine, author of “Common Sense,” argued, everyone needs a starting kit for life. Congress has proved that our health-care system is a mess — too complicated, too byzantine — for any group of 535 honorable women and men to sort out. Let’s make it simple. Forty percent of the nation’s children are already on Medicaid. We can offer Medicaid to all.

With Medicaid for all, we can secure what most of us now recognize as a basic right: routine access to modern medicine. This should be, for all Americans, like access to our highway system. Sure, some will use toll roads for a superior journey. But the road to good health should be open to all. Empowered with a strong foundation of health and education, all Americans will at last have a shot at the American dream.

America is woven of many strands: religious and secular; black, brown and white; male, female; gay, trans and straight; rural and urban. We would recognize it and let it so remain. We will connect, empower and emancipate all Americans, new and old, the sons and daughters of ancestors who have been here for generations, the sons and daughters of those just arrived.

We ask in return that you begin to speak to each other again with civility and decency, whether online or off, and in the expectation of securing goodwill from one another. We didn’t get to be the richest, freest country in the world on a fuel of mutual disdain. What we have we’ve built with the mutual respect that makes working together possible. We ask that all Americans aspire to prove themselves trustworthy to one another, to stand beside each other, and to hope to guide one another generously, in a spirit of equality, upholding justice for all, with the grace of Lady Liberty.

We will also ask Americans to welcome a set number of new immigrants every year and another set number cycling through on work permits. We will bring order to our immigration system. But remember this: Families coming from distant lands seek us out because we are the country of good hope. This is our pride and joy. To see that hope reflected in the faces of newcomers is an honor indeed. By asking for entrance, new immigrants tell us that we have done well. We have built something of value to all humankind.

Connect. Empower. Emancipate. This is what we will do for the American people. This is what we ask you, the American people, to do for yourselves. Connect. Empower. Emancipate.

We will banish the dark. We will again lift the lamp of human dignity.”

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I wonder how many times the word “dark” has been used to describe various aspects of the Trump Administration?

PWS

07-05-17

ONE POLITICAL ANALYST PREDICTED DONALD TRUMP 50 YEARS AGO: GONZO JOURNALIST HUNTER S. THOMPSON NAILED IT IN “HELL’S ANGELS!” — Those Who Don’t Take Trump Seriously Are “Liable To Get Stomped!”

https://www.thenation.com/article/this-political-theorist-predicted-the-rise-of-trumpism-his-name-was-hunter-s-thompson/

Susan McWilliams writes in The Nation:

While many commentators say Trump will have to bring back jobs or vibrancy to places like the Rust Belt if he wants to continue to have the support of people who voted for him, Thompson’s account suggests otherwise. Many if not most Trump supporters long ago gave up on the idea that any politician, even someone like Trump, can change the direction the wind is blowing. Even if he fails to bring back the jobs, Trump can maintain loyalty in another way: As long as he continues to offend and irritate elites, and as long as he refuses to play by certain rules of decorum—heaven forfend, the president-elect says ill-conceived things on Twitter!—Trump will still command loyalty. It’s the ethic, not the policy, that matters most.

Even the racism that was on full display in Trump’s campaign should be understood at least in part in retaliatory terms, as directed at the political elite rather than at struggling minority groups. The Hells Angels, Thompson wrote, did things like get tattoos of swastikas mostly because it visibly scared the members of polite society. The Angels were perfectly happy to hang out at bars with men of different races, especially if those men drove motorcycles, and several insisted to Thompson that the racism was only for show. While I have no doubt (and no one should have any doubt) that there are genuine racists in Trump’s constituency—and the gleeful performance of racism is nothing to shrug off—Thompson suggests we should consider the ways in which racism might not be the core disease of Trumpism but a symptom of a deeper illness.

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Thompson would also direct our attention in the early days of the Trump administration to the armed forces and the policies that will mandate what they do. For one great exception to the Angels’ ethos of total retaliation against authority was the military, just as one great exception to the Trump voters’ ethos of total irreverence is the police. Thompson explains that such institutions, which are premised on brute force rather than the more refined rules of intellectual engagement, maintain both a practical and a cultural connection to people like the Angels. The military and the police draw mostly from poor and working-class communities to fill their ranks, and their use of violence is something the motorcycle guys understand. It is one aspect of American life they can easily imagine themselves being a part of.

For his part, Thompson thought that what might prove most dangerous about the ethic of total retaliation was the way it encouraged the distrust of all authority—except for the authority of brute force. The president-elect’s enthusiasm for waterboarding and other forms of torture, his hawkish cabinet choices, and his overtures to strongmen like Vladimir Putin are grave omens. We could end up back where Thompson left off at the end of his book: the Angels, marching with the John Birch Society, on behalf of the Vietnam War.

At the end of Hell’s Angels, having spent months with the motorcycle guys, Thompson finally gets stomped by them. For some offense he doesn’t understand (and which he probably didn’t commit), Thompson gets punched, bloodied, kicked in the face and in the ribs, spat at and pissed on. He limps off to a hospital in the dead of night, alone and afraid. Only in that moment does Thompson realize that as a journalist (and therefore a member of the elite), he could not possibly be a true friend of the Angels. Wear leather and ride a motorcycle though he might, Thompson stood on the side of intellectual and cultural authority. And that finally made him, despite his months of good-timing with the Angels, subject to their retaliatory impulses. The ethic of retaliation is total, Thompson comes to realize. There is nothing partial about it. It ends with violence.

There’s no doubt about it: trouble lies ahead. That Hell’s Angels foresaw all this 50 years ago underscores the depth and seriousness of Thompson as a political thinker and of ours as a singularly dangerous time. Trumpism is about something far more serious than Trump, something that has been brewing and building for generations. Let us take Thompson’s cautions seriously, then, so that this time we Berkeley types are not naive about what we face. Otherwise, we’re all liable to get stomped.”

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Read the complete, much longer, article at the link.

McWilliams’s article should be a “must read” for every American who can read.

PWS

07-02-17

 

NOTORIOUS RACIST “SHERIFF JOE” MIGHT FINALLY BE HELD ACCOUNTABLE FOR ABUSIVE CAREER!

https://www.washingtonpost.com/opinions/joe-arpaio-learns-that-he-is-not-above-the-law/2017/06/30/3f16c8a4-5c43-11e7-9b7d-14576dc0f39d_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.d5e7514d1c25

From and editorial in the Washington Post:

“THE ESSENCE of Joe Arpaio’s long reign as sheriff of Arizona’s Maricopa County, whose 4 million residents in and around Phoenix make it one of the nation’s biggest localities, was lawlessness masquerading as law enforcement. Blatant racial profiling, inhumane treatment of prisoners and contempt for federal court orders — this was the stuff on which Mr. Arpaio staked his relentlessly self-promoted reputation as “America’s toughest sheriff.”

Now Mr. Arpaio, who lost a reelection bid for a seventh term in the fall after voters tired of shelling out tens of millions of dollars in legal fees on his behalf, is facing a day of reckoning. In a trial that began Monday in federal court, Mr. Arpaio stands accused of criminal contempt of court for having thumbed his nose at a federal judge who ordered a halt to Mr. Arpaio’s traffic patrols, which singled out Hispanics on the basis of nothing more than their appearance, for immigration enforcement.

Lawyers for Mr. Arpaio, who is 85, have tried out an array of legal strategies in his defense, variously arguing that he did not understand the order , or that the order was ambiguous or invalid. His supporters argue that the entire case is a political vendetta orchestrated by holdovers from the Obama administration in the Justice Department.

Unfortunately for the sheriff, the most damning evidence against him are the words he himself uttered, unambiguously, after U.S. District Judge G. Murray Snow, in December 2011, ordered his office to halt detentions based on nothing more than suspicion that a person might be in violation of federal immigration law. “I’m still gonna do what I’m doing,” Mr. Arpaio told the media in April 2012 . “I’m still gonna arrest illegal aliens.”

The sheriff’s insolence — an open admission that he would persist in conduct the judge had ruled was discriminatory — translated into open defiance. For at least 18 months, his deputies continued to racially profile motorists for detention. Some 170 people were stopped in that period, even as Mr. Arpaio’s own lawyer at the sheriff’s department warned him to stick to enforcing the state laws he was sworn to uphold, not federal ones.”

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Read the full article at the link.

Trump, Kobach, and other GOP politicos have cozied up to “Sheriff Joe” over the years. Eventually, the truth will out. Frankly, that’s why Trump, Kobach, Pence and others in the GOP are so anxious to suppress Hispanic American and other minority votes before the tide of racial justice finally turns. These guys are scared senseless of American democracy.

PWS

07-02-17

 

SMELLING A RAT (NAMED KOBACH), MANY STATES DECLINE TO PROVIDE VOTER INFO TO BOGUS TRUMP COMMISSION LOOKING FOR VOTER FRAUD — GOP’S WELL-KNOWN VOTER SUPPRESSION EFFORTS TURN OFF MANY!

https://www.washingtonpost.com/national/trumps-voting-commission-asked-states-to-hand-over-election-data-theyre-pushing-back/2017/06/30/cd8f812a-5dce-11e7-9b7d-14576dc0f39d_story.html?hpid=hp_hp-top-table-main_voterintegrity-625pm:homepage/story&utm_term=.5cd2f8de9d8d

The Washington Post reports:

“President Trump’s voting commission stumbled into public view this week, issuing a sweeping request for nationwide voter data that drew sharp condemnation from election experts and resistance from more than two dozen states that said they cannot or will not hand over all of the data.

The immediate backlash marked the first significant attention to the Presidential Advisory Commission on Election Integrity since Trump started it last month and followed through on a vow to pursue his own unsubstantiated claims that voter fraud is rampant and cost him the popular vote in the presidential election. The White House has said the commission will embark upon a “thorough review of registration and voting issues in federal elections,” but experts and voting rights advocates have pilloried Trump for his claims of widespread fraud, which studies and state officials alike have not found. They say that they fear the commission will be used to restrict voting.

Those worries intensified this week after the commission sent letters to 50 states and the District on Wednesday asking for a trove of information, including names, dates of birth, voting histories and, if possible, party identifications. The letters also asked for evidence of voter fraud, convictions for election-related crimes and recommendations for preventing voter intimidation — all within 16 days.

While the Trump administration has said it is just requesting public information, the letters met with swift — and sometimes defiant — rejection. By Friday, 25 states were partially or entirely refusing to provide the requested information; some said state laws prohibit releasing certain details about voters, while others refused to provide any information because of the commission’s makeup and backstory.

President Trump signed an executive order on May 11, initiating an investigation into voter suppression and election fraud. Here’s what we know so far. (Patrick Martin/The Washington Post)

“This entire commission is based on the specious and false notion that there was widespread voter fraud last November,” Virginia Gov. Terry McAuliffe (D) said in a statement. “At best this commission was set up as a pretext to validate Donald Trump’s alternative election facts, and at worst is a tool to commit large-scale voter suppression.”

California, a state Trump singled out for “serious voter fraud,” also refused to participate. Alex Padilla, the California secretary of state, said providing data “would only serve to legitimize the false and already debunked claims of massive voter fraud.”

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Read the complete article at the link.

Gee whiz, why would anyone think that a Commission led by notorious white nationalist, racist, xenophobe Kris Kobach, in behalf of the GOP, which has been on the forefront of voter suppression efforts, formed because The Donald can’t face the fact that Hillary was more popular than he was, would have any ulterior motives up its sleeve! Oh yeah, and did I mention that Kobach recently was sanctioned by a Federal Judge for unethical behavior? See http://immigrationcourtside.com/2017/06/24/federal-judge-sanctions-kobach-for-misconduct-in-ks-voting-rights-case/

Just one more way the Trump Administration wastes taxpayer money while attacking American democracy.

PWS

07-02-17

 

 

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists.  Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

WHAT’S TRUMP’S TRAVEL BAN PROTECTING US FROM? — DUH, NOTHING, OF COURSE — But, It IS Distracting Attention From The REAL Threat To Our National Security!

https://www.washingtonpost.com/news/post-nation/wp/2017/06/26/supreme-court-partially-restores-trump-travel-ban-which-wouldnt-have-kept-out-anyone-behind-deadly-terrorist-attacks/?utm_term=.b3e979184075

Mark Berman writes in the Washington Post:

“The Supreme Court on Monday agreed to let a limited version of President Trump’s travel ban take effect, so we are republishing an updated version of this story.

President Trump’s executive order temporarily banning travelers from six Muslim-majority nations due to “heightened concerns about terrorism” was quickly frozen by the courts, much like an earlier version of the ban, until the Supreme Court acted on Monday.

The justices said they would let the ban partially take effect and, in the ruling, announced plans to consider the case later this year. The Supreme Court made a key exception, saying the ban could not be “enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” But otherwise, the Trump administration is now free to impose a 90-day ban on travelers from six countries that it had said posed certain “national security risks.”

The second travel ban had something big in common with the first version: It would not have kept out of the United States anyone responsible for a deadly terrorist attack since 2001.”

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Read the complete article (with charts and map) at the above link.

Question of the Day:

In any “normal” Administration, how many of the characters holding positions in the Trump White House would be granted high level security clearances (including, of course, the “Tweeter-in-Chief” himself)?

PWS

06-30-17

 

 

 

HOUSE PASSES MORE UNNEEDED, DIVISIVE, ANTI-IMMIGRANT LEGISLATION!

http://www.cnn.com/2017/06/29/politics/kates-law-house-vote/index.html

Tal Kopan reports for CNN:

“Washington (CNN) The House Thursday is expected to pass bills that would hand President Donald Trump key pieces of his immigration agenda, especially efforts targeting sanctuary cities.

The bills, “Kate’s Law” and the No Sanctuary for Criminals Act, would install harsher penalties for repeat illegal entry to the US, and expand US law on sanctuary cities to pressure localities to cooperate with federal immigration enforcement.
But it’s unlikely either would have enough votes to pass the Senate, which struggled with Kate’s Law last year.

Immigration and civil liberties advocates have also come out swinging against the bills, saying they bolster a “deportation force” and anti-immigrant agenda from the Trump administration.
Both bills come from the Judiciary Committee led by Virginia Rep. Bob Goodlatte, a longtime proponent of strict immigration policies like Trump’s and Attorney General Jeff Sessions. Another lead sponsor is Iowa Rep. Steve King, one of the most aggressive Republicans on immigration enforcement who has a history of controversial statements about immigrants.”

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Read Tal’s complete article at the link.

Looking at the folks pushing this ill-advised piece of legislation tells you about all you need to know about what’s really underneath the surface.

PWS

06-29-17

KERWIN & WARREN: AMERICA’S CURRENT OUTDATED & ENFORCEMENT CENTERED IMMIGRATION SYSTEM HAS FAILED, & IT’S GETTING WORSE — WHY NOT DEVELOP A NEW SYSTEM THAT REFLECTS THE VALUE OF ALL TYPES OF IMMIGRANTS & BETTER REFLECTS OUR BEST NATIONAL VALUES?

http://immigrationimpact.com/2017/06/27/immigration-system-in-line-values/

Guillermo Cantor writes in Immigration Impact:

Over the past two decades, much of the immigration policy debate has focused on issues related to immigration enforcement. In fact, many argue that “enforcement first”—the notion that we must adequately enforce the laws on the books before considering broader immigration reforms—has de facto become the nation’s singular immigration policy. This preoccupation with enforcement has come at the expense of consideration of other key components of a robust immigration system. Specifically, policymakers have failed to directly and adequately address some of the most fundamental questions, including what the legal immigration system should look like, what principles should guide admissions moving forward, and how to intentionally and strategically tie immigration policy to other domestic policies.

In an effort to refocus the debate, a recent article by Donald Kerwin and Robert Warren offers a range of ideas that address some structural issues concerning the legal immigration system. Arguing that the U.S. immigration system does not reflect the values and interests that it is supposed to serve, the authors propose a series of recommendations to reform the system and deliver on its promises.

After examining nearly a century’s worth of presidential signing statements of seminal immigration legislation, the authors identify a list of basic principles that, at least in theory, guide the U.S. immigration and refugee system. These include, but are not limited to, the belief that: families should be preserved; admission policies should not be based on national origin, race, or privilege; fairness and due process are essential in admission and removal decisions; individuals fleeing persecution and violence should be provided with a safe haven; immigrants embody the U.S. value of self-sufficiency, hard work, and drive to succeed; fair, orderly, and secure migration sustains the rule of law; and criminals and security threats defy U.S. ideals and, therefore, should not be admitted or allowed to remain.

If we accept as fact the premise that these principles should guide our immigration and refugee laws and policies, it becomes evident that such laws and policies—and their implementation—often fall short of serving the aforementioned objectives. In recent years, for example, mass deportations have led to large-scale family separation; backlogs in the family-based immigration system have kept numerous families apart for years; the routine detention and expedited removal of asylum seekers have been used to deter other asylum seekers from coming to the border; highly skilled immigrants often cannot work in their fields due to credentialing barriers; and the widespread use of summary removal procedures in the deportation of noncitizens has signaled a dramatic departure from fundamental principles of fairness and due process. And these are just a few examples.”

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Read the entire very worthwhile article at the link.

OK, let’s say we have around 11 million undocumented individuals here today. At least 10 million of them are basically law abiding working folks who are contributing to our economy and our society. Most have at least some US citizen children or other relatives. Many pay taxes, and all of them would if they were in legal status and we made it easy for them to do so. It’s reasonable to assume that nearly all of them entered over the past 40 years. Folks who came prior to that are likely to have legalized, gone home, or died.

So, we could easily have admitted at least 250,000 additional individuals each year under our legal immigration system and we’d be right where we are today.  Except, we wouldn’t have spent as much money on immigration enforcement, detention, removal, and divisive legal battles in the courts.

PWS

06-29-17

DHS MISTREATS KIDS: U.S. District Judge Dolly Gee Finds That DHS Has Blown Off Her Prior Orders & Continues To Mistreat Children In Detention!

http://immigrationimpact.com/2017/06/28/government-continues-ignore-rights-children-detention-court-finds/

Karolina Walters writes in Immigration Impact:

“Despite being among some of the most vulnerable, children seeking asylum in the United States often fare the worst. Upon entering the United States, children are often detained for extended periods in violation of a long-standing agreement known as the Flores settlement.

The Flores agreement essentially acts as a contract between the government and children held in immigration custody. On Tuesday, a federal district court judge ruled once again that the government is failing to meet its obligations to children held in immigration custody.

The court found a number of violations, including holding children too long in detention, in substandard conditions, and in non-licensed facilities. In addition, the court ruled that the government is required to look at each child’s case individually to determine whether release from custody is appropriate—the government may not rely on any blanket standard to avoid the responsibility of assessing each case individually.

The Flores agreement is a nationwide settlement reached in 1997. In this settlement, the government agreed that children taken into immigration custody would be placed in the “least restrictive setting appropriate to [their] age and special needs” and would be released “without unnecessary delay,” preferably to a parent. The settlement also requires that if a child is not released to a parent, adult relative, or an appropriate guardian, children must be placed in non-secure facilities licensed for the care of dependent children within five days of apprehension.

Two years ago, the Center for Human Rights and Constitutional Law (CHRCL), on behalf of immigrant children, brought suit to enforce the Flores settlement. In July and August of 2015, U.S. District Court Judge Dolly M. Gee said the government must apply the settlement to all minors, including those detained with family members. Tuesday’s order from Judge Gee outlines the particular ways in which the government is in breach of the Flores settlement and how the court seeks to ensure compliance going forward.”

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Read the complete article at the link.

While AG Jeff Sessions is out whipping up xenophobic frenzy and promoting the need for an “American Gulag” to support his “Gonzo Apocalypto” immigration enforcement agenda, he ignores his real legal and constitutional duties: Get General Kelly and the rest of the folks over at DHS to obey the law and stop mistreating kids!

That someone like Sessions with such totally warped values and lack of any sense of justice or decency should be in charge of our supposedly due process providing U.S. Immigration Court system is a continuing travesty of justice.

PWS

06-29-17

 

TAKE 5 MINUTES TO LOOK INSIDE THE “AMERICAN GULAG” OF CIVIL IMMIGRATION DETENTION BEING PROMOTED BY TRUMP, SESSIONS, KELLY & THE HOUSE GOP!

https://www.youtube.com/watch?v=3HeV1QSrEdo#action=share

Published on Jun 26, 2017

Learn about the history, laws, and unjust realities of the U.S. immigration detention system in this short 5-minute film. Narrated by Kristina Shull. Graphics and editing by Stephanie Busing. Script by Terry Ding and Rachel Levenson at NYU’s Immigrant Rights Clinic in collaboration with CIVIC. Learn more and at www.endisolation.org.

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Talk about fraud, waste, abuse, and corruption. And, amazingly, House Republicans are pushing for yet more mandatory detention, this time for those convicted of DUIs who have already completed punishment and are now subject to case-by-case determinations by U.S. Immigration Judges as to whether or not bond should be granted.

As an Immigration Judge, I denied bond in lots of cases with multiple DUIs, probably a substantial majority. But, each case was different, and there were some where the violations were well in the past, the individual had documented freedom from alcohol or substance abuse, and had strong U.S. equities, where bond was appropriate.

And since all cases depend on facts and proof, it’s important for the Judge to listen and be empowered to make the best decision for society and the individual under all the circumstances. “One size fits all” mandatory detention is an abuse of legislative authority and a waste of taxpayer money.

While to date it has not been found unconstitutional, I daresay that’s because the Supreme Court Justices who decide such matters have never had to experience the extreme dysfunction and inherent unfairness of the current immigration detention system on a daily basis like those of us who have served as trial judges. For that matter, they don’t completely understand the total dysfunction of our current Immigration Courts, and the systemic inability to deliver due process on a consistent basis throughout the nation. 600,000 pending cases! That dwarfs the rest of the Federal Judicial system.

Perhaps what it will take to change the system is for some of the Justices to have their son-in-law, daughter-in-law, or law clerk’s spouse more or less arbitrarily tossed into the world of immigration detention. Yes, folks, it’s not just recent border crossers, dishwashers, waitresses, and gardeners who end up in the “American Gulag” that so delights Jeff Sessions. “Professionals,” kids, pregnant women, and human beings from all walks of life, many with only minor violations or no criminal record at all, can end up there too.

PWS

06-28-17

BREAKING: SUPREMES GRANT CERT., ALLOW TRUMP’S TRAVEL BAN TO GO INTO EFFECT — WITH IMPORTANT EXCEPTIONS — CASE DOCKETED FOR OCT. — MIGHT BE “MOOT” BY THEN!

Here’s the Court’s complete “per curiam” (unsigned) opinion with separate concurring and dissenting opinion by Justices Thomas, Gorsuch, & Alito:

SCTravelBan16-1436_l6hc

The Supreme Court handed the Trump Administration at least a partial victory on the controversial “Travel Ban 2.0” which had been enjoined by the Ninth and Fourth U.S. Circuit Courts of Appeals. The Court: 1) granted the petitions for certiorari filed by the Solicitor General in behalf of the Trump Administration and scheduled the case for Oral Argument at the beginning of the October 2017 Term; and 2) granted in part the Solicitor General’s request to stay the lower courts’ injunctions pending review.

However, in partially lifting the injunctions, the Court left in effect a significant  part of those injunctions: the Travel Ban may not be applied to a) “foreign nationals who have a [pre-existing] credible claim of a bona fide relationship with a person or entity in the United States,” and b) “an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States.”

The dissent would have stayed all parts of the lower courts’ injunctions. Justice Thomas, joined by Justices Alito and Gorsuch, criticized the majority for having cerated a non-statutory category of individuals who can “credibly claim a bona fide relationship with a person or entity in the United States.” He fears that the meaning of these exceptions will itself become a fertile ground of additional litigation before the Court can resolve the merits of these cases.

Additionally, the Court noted that since the bar on internal review of procedures relating to visa issuance was lifted on June 14, 2017, and the Government has represented that the review will be completed within 90 days, the case with respect to visa issuance to non-refugees might well be moot before the Court can get to the merits. The court instructs the parties to brief that issue.

“Quickie Analysis”

The Trump Administration can legitimately view this as a much-needed (from their standpoint) victory. All nine Justices appear to be prepared to rule that the Executive has virtually unbridled authority to bar the admission, at least temporarily, of foreign nationals with no connections to the United States.

It also appears that Justices Thomas, Gorsuch, and Alito would find that the Executive’s essentially unreviewable authority extends even to individuals who have a connection with the United States.

However, those challenging the Travel Ban have some reason to hope because at least six Justices seem to remain open to the possibility of engaging in some type of meaningful judicial review of Executive decisions regarding foreign nationals abroad who have established some connections to the U.S.

There may also be mootness issues with respect to some or all of the injunction with respect to refugee admissions. The new fiscal year for refugee admissions begins on October 1, 2017, before the Court will have heard argument in these cases. Before the beginning of the fiscal year, the Trump Administration must under the Refugee Act of 1980  “consult” with Congress on the number and allocation of refugee admissions for fiscal year 2018.  “Statutory consultation” was one of the things that the Trump Administration neglected to do before purporting to suspend refugee admissions and dramatically slash the number of fiscal year 2017 refugee admissions established by the Obama Administration after undertaking the required statutory consultation.

The lack of any reasonable rationale by the Trump Administration for reversing the  prior statutory determination made by the the Obama Administration after consultation with Congress was cited by the Ninth Circuit in upholding the original injunction. But, that issue should also be moot before the Court decides theses cases on the merits.

PWS

06-26-17

 

Immigrants Bridge The Gap With Local Communities — “The Haters Are Always Wrong, And The Haters Will Eventually Lose.”

https://www.washingtonpost.com/opinions/working-to-build-bridges-between-immigrants-and-their-new-communities/2017/06/23/03c1bb1a-4d2a-11e7-a186-60c031eab644_story.html?utm_term=.2bcde1762b2f

Steven V. Roberts writes in a WashPost op-ed:

“These are all good examples that will, hopefully, ease the “cultural anxiety” Noorani writes about. But he shies away from discussing a key dimension of Trump’s appeal: racism. “A significant portion of the American electorate felt their country had been taken away,” he writes, but he doesn’t complete the thought. Taken away by whom? Let’s be honest. Many of those voters believe that their country has been overrun by dark-skinned, foreign-language-speaking aliens.

While it is wildly unfair to call all Trump supporters racists, it is equally inaccurate to ignore that the president deliberately inflamed racist impulses to win the election.

 

Moreover, Noorani lacks a larger perspective. Trump is a very American figure. Anti-immigrant fears didn’t start with globalization and weren’t “triggered” by the election of Barack Obama. Throughout our history, spasms of nativist hostility have erupted against each new group arriving on our shores: Germans and Jews, Irish and Italians, Japanese and Chinese.

Hispanics and Muslims are now the objects of this animosity, and the language directed against them is the same that’s been used to demonize newcomers for more than two centuries: This group will degrade our culture and alter our identity. But today’s targets can take comfort from the clear lessons of history.

Immigrants do change our culture — for the better. They reenergize and revitalize our civic spirit. The haters are always wrong, and the haters will eventually lose. Tiwana and Noorani himself prove that truth.

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Read the entire op-ed at the link.

Trump and his supporters might be on the right side of the political equation at this point in time, but they are squarely on the wrong side of history. Before joining up with the Trump Team, folks ought to think about being remembered by their grandchildren and great grandchildren in the same way that we think about such notorious racists as Alabama Governor George Wallace, Georgia Governor Lester “Pickax” Maddox, and Arkansas Governor Orvil Faubis, or those who engineered and championed such abominations as the Chinese Exclusion Act.

Even iconic American historical figures like President Woodrow Wilson and Gen. Robert E. Lee have recently had their racism and support for racist causes eventually catch up with them and tarnish their reputations. In the long run, the cause of intolerance, fear, and bias promoted by Trump, Pence, and today’s GOP will look pretty bad. Yeah, we’ll all be gone by then. But, our descendants and history will remember where we stood.

PWS

06-25-17

Welcome To Jeff Sessions’s America — In 1957 Sessions Was 10 Years Old And His White Christian Fellow Alabamans Were Busy Perverting The “Rule Of Law” To Deny Their African American Fellow Citizens Constitutional Rights, Fundamental Justice, & Human Dignity!

https://www.washingtonpost.com/opinions/a-white-cop-dies-and-a-young-black-man-spends-years-in-jail-for-a-crime-he-didnt-do/2017/06/16/d771059e-4706-11e7-a196-a1bb629f64cb_story.html?hpid=hp_regional-hp-cards_rhp-card-arts%3Ahomepage%2Fcard&utm_term=.a94b2ba61075

Colbert I. king writes in the Washington Post:

“How is it possible in a country that prides itself on having a Bill of Rights, expresses reverence for due process and touts equal protection that a 17-year-old can be arrested, put on trial and sentenced to death, and then spend 13 years being shuttled among death row cellblocks in disgusting jails and prisons with his case under appeal, all for a crime he didn’t commit?

The answer contains some simple prerequisites: He had to be black, live in the Jim Crow South and be accused of committing, as one deputy sheriff put it, a “supreme offense, on the same level of a white woman being raped by a black man” — that is, the murder of a white police officer.

Teenager Caliph Washington, a native of Bessemer, Ala., was on the receiving end of all three conditions. And as such, Washington became a sure-fire candidate to suffer the kind of tyrannical law enforcement and rotten jurisprudence that Southern justice reserved for blacks of any age.

In “He Calls Me by Lightning,” S. Jonathan Bass, a professor at Alabama’s Samford University and a son of Bessemer parents, resurrects the life of Washington, who died in 2001 finally out of prison — but with charges still hanging over his head.

 

Bass, however, does more than tell Washington’s tale, as Washington’s widow, Christine, had asked him to do in a phone call. Bass dives deeply into the Bessemer society of 1957 where Washington was accused of shooting white police officer James “Cowboy” Clark on an empty dead-end street near a row of run-down houses on unpaved Exeter Alley.

Bessemer-style justice cannot be known, let alone understood, however, without learning about that neo-hardscrabble town 13 miles southwest of Birmingham.

Bessemer served as home to a sizable black majority, an entrenched white power structure and an all-white police department, consisting at the time of a “ragtag crew of poorly paid, ill-trained, and hot-tempered individuals” who earned less than Bessemer’s street and sanitation workers.

Bessemer was a town with its own quaint racial customs, such as forcing black men to “walk in the middle of the downtown streets, not on the sidewalks, after dark — presumably to keep them from any close contact with white women.”

 

Bessemer was a town where in 1944 the police forced black prisoners to participate in an Independence Day watermelon run. White citizens reportedly cheered as firefighters blasted the inmates with high-pressure hoses to make the race more challenging. Winners, it is said, received reduced sentences and the watermelons.

It was in that town that Caliph Washington was born in 1939, the same year of my birth in Washington, D.C.

Bessemer’s racial climate was no different the year Washington was accused of killing Cowboy Clark. The town’s prevailing attitude on race was captured at the time in a pamphlet distributed by a segregationist group, the Bessemer Citizens’ Council. Black Christians, the white citizens’ council said, should remain content with being “our brothers in Christ without also wanting to become our brothers-in-law.”

If ever there was a place to not get caught “driving while black” — which is what Washington was doing on that fateful night in July 1957 — it was Bessemer. And that night’s hazard appeared in the form of Clark and his partner, Thurman Avery, who were cruising the streets in their patrol car looking for whiskey bootleggers.”

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

So, when you hear Sessions and his White Nationalist buddies like Bannon, Miller, Kobach, and Pence extolling the virtues of a small Federal Government (except for the migrant-bashing mechanisms) state control of voting, civil rights, police conduct, gender fairness, environmental regulations, labor relations, filling the prisons with maximum sentences, a new war on drugs, etc., it’s just clever code for “let’s make sure that white-dominated state and local governments can keep blacks, hispanics, immigrants, Muslims, and other minorities from achieving power, equality, and a fair share of the pie.” After all, if you believe, as these guys do, that true democracy can be a bad thing if it means diversity and power sharing, then you’re going to abuse the legal and political systems any way you can to maintain your hold on power.

And, of course, right-wing pontificating about the “rule of law” means  nothing other than selective application of some laws to the disadvantage of minorities, immigrants, and often women. You can see how selective Sessions’s commitment to the rule of law is when he withdraws DOJ participation in voting rights cases in the face of strong evidence of racial gerrymandering, withdraws support from protections for LGBT individuals, supports imprisonment in substandard prisons, targets legal marijuana, and “green lights” troubled police departments to prioritize aggressive law enforcement over the protection of minority citizens’ rights. Ethics laws, in particular, seems to be far removed from the Sessions/Trump concept of “Rule of Law.” And, sadly, this is only the beginning of the Trump Administration’s assault on our Constitution, our fundamental values, and the “real” “Rule of Law.”

PWS

06-18-17

WSJ: Dean Of Tuck Business School @ Dartmouth Says Multinationals Good For U.S. Jobs — Another Trump Myth Debunked!

https://www.wsj.com/article_email/the-exporting-jobs-canard-1497482039-lMyQjAxMTE3NzEyNTMxMzU3Wj/

Matthew J. Slaughter writes:

“President Trump has voiced a widely shared—but incorrect—belief that the global economy is a zero-sum game. “One by one,” Mr. Trump said in his inaugural address, “the factories shuttered and left our shores, with not even a thought about the millions and millions of American workers that were left behind.” In his first White House meeting only a few days later, Mr. Trump warned a roomful of CEOs that companies sending factories overseas would face a new border tax.

Mr. Trump assumes that when U.S. multinationals expand abroad, it necessarily reduces the number of people they employ in the U.S. But this assumption is wrong, and tariffs would hurt American workers, not help them.

Academic research has repeatedly found that when U.S. multinationals hire more people at their overseas affiliates, it does not come at the expense of American jobs. How can this be? Large firms need workers of many different skills and occupations, and the jobs done by employees abroad are often complements to, not substitutes for, those done by workers at home. Manufacturing abroad, for example, can allow workers in the U.S. to focus on higher value-added tasks such as research and development, marketing, and general management. Additionally, expanding overseas to serve foreign customers or save costs often helps the overall company grow, resulting in more U.S. hiring.

The ultimate proof is in the numbers. Between 2004 and 2014, the most recent year for which U.S. government data are available, total employment at foreign affiliates of U.S. multinationals rose from nine million to 13.8 million. Yet the number of jobs at U.S. parent companies rose nearly as much, from 22.4 million to 26.6 million.

Over the same period, the value-added and capital investment grew faster among U.S. parent companies than in their foreign affiliates. In fact, on these two measures the American parent companies outperformed the overall U.S. private sector. This suggests that having overseas affiliates gives companies a competitive advantage that allows them to invest more at home. More than ever, jobs in America are connected to the world.

One can always find anecdotes of a company closing an American facility and moving the work it does overseas. But these anecdotes are not representative of the overall synergies between parent companies and their affiliates. Consider Caterpillar Inc., the American manufacturer of heavy machinery whose main facility for research and development is in Peoria, Ill. In recent years the company has established several research-and-development facilities outside the country. Yet Caterpillar’s engines lab in Peoria still runs two shifts a day. Before closing up for the night, the Illinois engineers send data to their colleagues in Chennai, India, who process it overnight. When the Peoria workers come back the next morning, the refined data is waiting for them.”

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Read the full op-ed at the link.

Like it or not, we’re competing in a global economy. Trump’s “turn back the hands of time” rhetoric is no more realistic than the Sessions-Bannon-Miller group’s heartfelt desire to re-create the white-Christian-dominated U.S. society of the 1950s. But, that doesn’t mean that these guys aren’t going to do lots of damage to our country and our society by trying to do the impossible and undesirable. And, sadly, when it comes to the Trump Administration, there aren’t many adults in the room.

PWS

06-15-17

 

REFUGEES ADJUST QUICKLY TO U.S. — PAY MORE IN TAXES THAN BENEFITS AFTER JUST EIGHT YEARS — New Study Debunks Trump’s Anti-Refugee Rhetoric!

https://www.washingtonpost.com/news/wonk/wp/2017/06/13/refugees-give-more-money-to-the-government-than-the-government-gives-to-them-study-says/?utm_term=.b120dcea381b

Tracy Jan writes in the Washington Post’s Wonkblog:

“Refugees have been at the center of a political maelstrom, accused of everything from terrorism to being a drain on taxpayers — prompting President Trump, in one of his first official acts, to suspend the country’s four-decade old refugee resettlement program.

But a new study shows that refugees end up paying more in taxes than they receive in welfare benefits after just eight years of living in this country.

By the time refugees who entered the U.S. as adults have been here for 20 years, they will have paid, on average, $21,000 more in taxes to all levels of government than they received in benefits over that time span, according to a working paper released Monday by the National Bureau of Economic Research that examined the economic and social outcomes of refugees in the U.S.

“There was a lot of rhetoric saying these people cost too much, but we didn’t actually know what that number was,” said William N. Evans, an economist at the University of Notre Dame who co-authored the paper.

Trump, in his January executive order temporarily barring refugees from entering the country, had directed the State Department to study the long-term costs of the refugee admissions program to federal, state and local governments.”

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Read the complete story at the link.

Trump’s immigration policies usually are not based on facts. He uses anti-immigrant anecdotes (some fabricated or exaggerated) along with policy statements straight out of the Bannon, Miller, Sessions, Kobach White Nationalist playbook to “whip up his base” and promote xenophobia.

PWS

06-14-17