LABOR DAY @ WASHPOST: The Toxic Hypocrisy Of Trump & The Restrictionists On The Labor Issue!

LABOR DAY @ WASHPOST:  The Toxic Hypocrisy Of Tru.mp & The Restrictionists On The Labor Issue!

https://www.washingtonpost.com/opinions/these-days-our-debate-over-labor-is-awash-in-hypocrisy/2019/09/01/d57e735c-c9a4-11e9-a4f3-c081a126de70_story.html

By Editorial Board

September 1 at 5:47 PM

A CYNIC, says a character in one of Oscar Wilde’s novels, is someone who knows the price of everything and the value of nothing. If that’s true, then the debate over the state of labor in the United States these days is awash in cynicism — or maybe it could just be called plain old hypocrisy. And in truth, it’s not so much a debate as a shouting match, largely over the inflamed issue of immigration.

Most of the noise comes from restrictionists, encouraged and shamelessly egged on, for the first time in memory, by a president of the United States. Such people recite figures they have assembled regarding the costs of immigration: its effects on wages, government spending and, of course, our “culture,” which some might take as a cover word for race or ethnicity or religion. But a lot of these compilations are questionable, both in their origins and their conclusions.

And beyond that, there is a great contradiction in such reasoning: It fails to take account of the work immigrants do in this country — the fruits of their labor, which are shared by the entire society. The skylines of metropolitan areas such as ours have been transformed over the past quarter-century by new construction, with immigrants providing a considerable share of the labor. Many of our hospitals, clinics, day-care centers, hotels, homes for the elderly and other institutions could not exist without immigrant employees, who made up about 17 percent of this country’s workforce in 2018, according to a government report.

A quarter of immigrants, in turn, are thought to be unauthorized. Although they are regularly slandered — by the president, among others — as a source of crime and as living off the dole, they are, for the most part, as law-abiding as the general population and are eligible for few government benefits. Not many people with personal knowledge of the matter would question their work ethic. Their labors in farm and field help feed the country; replacing them there would be a daunting task. They serve in some of the most demanding and often unpleasant jobs in our society: slaughtering animals, working long hours outdoors in punishing heat and cold, caring for the elderly, sick and mentally ill, cleaning four or five homes a day.

Strangely enough, this sort of thing is rarely discussed in any serious way on the cable outlets and social media. There is much in the way of insult and calumny toward impoverished immigrants (they “make our country poorer and dirtier,” said one popular TV opinionizer) but little constructive thought on how this country, with a static and aging native population and a tightening labor market, can continue to prosper without a reasonable amount of immigration.

Although unauthorized immigrants are routinely demonized by some in Congress and the media, there is a sizable part of the country, perhaps a majority, that does not consider their presence here to be criminal, that in fact sympathizes with them. There aren’t many other kinds of lawbreakers of whom that can be said. The recent immigration raid on agricultural processing plants in Mississippi, in which nearly 700 workers were rounded up, brought forth a wave of help and support for the workers and their families from people around the country, including churches and neighbors in Mississippi.

Practical and intelligent proposals are being made for dealing with the problems of immigration and work. But nothing can be done unless more of this country pays attention to the realities in working America in the coming election year and not to the dark maundering of demagogic doomsayers.

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Yup.

Largely what I’ve been saying all along on “Courtside.” The solution to the largely manufactured “immigration crisis” is staring us in the face. 

Legalize those already in the labor force, so that they can be fully protected from exploitation by minimum wage, wage and hour, and OSHA laws, and reach their full economic potential in our society (which would also maximize tax revenues and Social Security contributions). 

Then, provide many more legal immigration opportunities for workers and families, both permanent and temporary, to keep America great and prevent us from suffering the type of economic stagnation that has hit Japan and other “low immigration” countries.

The main things standing in the way of such rational and practical solutions are Trump and the hard core GOP restrictionists who prop him up.

Sadly, it also appears that some, not all, within the massive DHS bureaucracy have become invested in cruel and futile immigration enforcement which requires endless taxpayer money and bodies to maintain its cycle of inevitable, yet sometimes politically advantageous, “enforcement-only” failures.

PWS

09-02-19

LABOR DAY TRIBUTE: Carlos Lozada’s “Review of ‘A Good Provider Is One Who Leaves: One Family and Migration in the 21st Century’ by Jason DeParle”

Carols Lozada
Carlos Lozada
Journalist
Jason DeParle
Jason DeParle
Author & Journalist

https://www.washingtonpost.com/outlook/2019/08/30/many-immigrants-family-separation-happens-long-before-border/

There is a family separation that occurs long before an immigrant reaches America’s borders. It is no less wrenching than the ruptures that the Trump administration inflicted on thousands of children and parents last year as part of its “zero tolerance” policy against illegal entry, and may at times be even more painful, since it happens voluntarily. That is, if acts born of despair can ever be described as entirely voluntary.

In “A Good Provider Is One Who Leaves,” journalist Jason DeParle’s riveting multigenerational tale of one Filipino family dispersing across the globe, from Manila to Abu Dhabi to Galveston, Tex., and so many places in between, separation is a constant worry and endless toll. Parents leave their kids and country for years at a time so they can send back wages many multiples of what they previously earned. Children yearn for their parents, rebelling or wilting without them, while the youngest latch on to aunts and grandparents. Births, birthdays, weddings, illnesses, funerals — daily life slips by for the absent, imagined and unexperienced. Meanwhile, the government encourages the exodus; 1 in 7 laborers in the Philippines becomes an Overseas Filipino Worker (OFW), a status so common it rates not just an acronym but also an industry of private middlemen and government agencies managing a sector that accounts for one-10th of the country’s economy.

But the price is loneliness and longing. “The two main themes of Overseas Filipino Worker life are homesickness and money,” DeParle writes. “Workers suffer the first to get the second.” With immigration a central battleground in the Trump-era culture wars, and with the southern U.S. border and Hispanic influx dominating the political debate, this book provides crucial insight into the global scope, shifting profiles and, above all, individual sacrifices of the migrant experience.

DeParle, a New York Times reporter, tells the story of Emet, Tita and their daughter Rosalie, as well as their other children and grandchildren — a Manila family he first encountered and lived with for several months in the late 1980s. As a young reporter, DeParle wanted to better understand poverty, but in the Philippines, that meant learning about migration instead. The title of his book is also the Portagana family’s unofficial creed, a pained mix of self-affirmation and abnegation.

Emet cleaned pools in a government complex in the Philippines, earning $50 a month, barely enough to scrape by with his family in their Manila shantytown. When he has the chance to clean pools in Saudi Arabia for $500 per month, he takes it, while his wife of 14 years and their five children stay behind. “Ever since his orphaned childhood, all he had wanted was a family, but to support one, he had to leave it.” Tita cries when Emet departs, left to fend for herself and the family, rising at 4:30 a.m. to boil the breakfast rice, washing the school clothes every day, making every tough decision — does she pay for a doctor’s visit or for more food? — on her own.

When Emet first sends money, she cries again. “Tita stopped running out of fish and rice,” DeParle recounts. “She bought extra school uniforms so she didn’t have to wash every day. . . . After years of toothaches, she had seven teeth pulled and treated herself to dentures. . . . But the ultimate luxury was the family’s first bed.” She told Deparle how “I was ecstatic we could lay on something soft.”

New comforts are part of “migrant lore,” DeParle writes. Some analysts worry that remittances lead to consumerist splurges, but families receiving migrant income also invest in housing, health care and education. Migration serves as a tool of economic development, DeParle suggests, because of migrants’ enduring loyalty to the family back home. Of the 11 siblings in Tita’s own family, nine worked abroad, as did all five of Tita and Emet’s children. When DeParle returned to the Philippines two decades after having lived in Tita’s home, he saw that the family’s old straw huts had morphed into a compound of a dozen houses for various relatives — and the quality of the amenities bore a direct relationship to how long each owner had worked abroad. But an aging Emet still pondered the price, nostalgic for the days in the slum. “I was happier then,” he acknowledges, “because I was with my children.”

[Who gets to dream? America’s immigration battles go beyond walls and borders.]

Rosalie, their middle child, emerges as the book’s itinerant protagonist, not simply because she becomes the clan’s essential breadwinner as a nurse in America but because, for DeParle, she embodies the new face of migration. “Since 2008, the United States has attracted more Asians than Latin Americans, and nearly half of the newcomers, like Rosalie, have college degrees. Every corner of America has an immigrant like her.” Long male-dominated, migration has been increasingly feminized, in part because of the demand for caregiving workers in rich countries, a need that women have disproportionately filled. “By the mid-1990s when Rosalie went abroad, nearly half the world’s migrants were women — more than half in the United States — and they increasingly went as breadwinners, not spouses.”

pastedGraphic_2.png

Rosalie was a quiet child and an average student who considered religious life in Manila — not necessarily someone you’d pick to make it through nursing school, move to Saudi Arabia and the United Arab Emirates for several years, and take and retake English-language tests until, after 20 years of working, she could obtain a visa to the United States, take on a night shift in a Galveston hospital and embrace suburban life. She is separated from her own children, just as she suffered years without Emet. Her eldest daughter grows attached to Rosalie’s sister Rowena as a sort of surrogate mother, calling her “Mama Wena” and struggling with her aunt’s absence after reuniting with Rosalie in Texas.

Having long operated as a far-flung family, Rosalie, her husband, Chris, and their three kids must not only learn to live in America — they have to learn to live together. DeParle’s examination of how the two daughters adapt to U.S. elementary schools, seeking to become more all-American than the Americans, even as their parents find solace in Texas’s Filipino immigrant networks, is a minor classic of the assimilation experience. He also reflects on the impact of communications technology on migrant communities: “Can assimilation survive Skype?” DeParle wonders, seeing how it eases transitions by helping relatives stay in touch across time zones but also lengthens and deepens immigrants’ ties with the old country.

 

After all, even when you’ve left, you’re never entirely gone. Any health crisis among her extended family in the Philippines results in new bills for Rosalie to cover from afar. Chronically exhausted at the hospital — where Filipino nurses feel they get shorthanded shifts and sicker patients — she must also deal with the insecurities of her suddenly stay-at-home husband, whose masculine self-perception suffers in the face of his provider-wife. (“Would you be ashamed of Daddy if I worked as a janitor?” Chris asks the kids as he seeks a job in Galveston.) DeParle highlights this “inversion” of traditional gender roles in the modern migrant experience. For women, “migration elevated their incomes, raised their status, and increased their power within their marriages,” he writes. “But it also took many away from their children, often to care for the children of others, and elevated the risks of abuse.”

DeParle has a gift for distilling complexity into pithy formulations. “Migration is history’s ripple effect,” he writes, noting how U.S. co­lo­ni­al­ism led to the establishment of the Philippines’ first nursing schools, an industry that would propel Rosalie to America a century later. He also aptly captures the United States’ conflicted feelings about immigrants, a mix of resentment and need. “Unwelcomed is not the same as unwanted,” he explains simply. And the ominous U.S. Embassy in Manila, the repository of so much hope and so many fears for Filipino visa seekers, is “the gateway to opportunity, but marines guard the gate.” The book is packed with insights masked as throwaway lines — lines that convey so much.

So I wish DeParle had conveyed more about his own role in the story of this remarkable family. “Our relationship defies easy categorization; it’s part author-subject, part old friends,” he writes, likening himself to a big brother for Rosalie and uncle to her kids. “This was a journalistic endeavor but not an entirely arm’s-length one,” DeParle admits. “Occasionally my presence shaped events I was trying to record.” Some of these events were crucial. He gets Rosalie an English tutor for her exams. He spends hours on the phone helping Rosalie practice for her interview with the Galveston hospital. Most essential, he intervenes when bureaucratic scheduling nearly derails a final visa approval. “I was there as a journalist, not an advocate,” he writes. “But Rosalie had been waiting for twenty years.” So he helps by speaking with a U.S. Foreign Service officer. It is an entirely humane impulse, and DeParle stresses that the determination that got Rosalie to America “is hers alone.” But the author’s unexpected appearances complicate and at times confuse his narrative.

“A Good Provider Is One Who Leaves” has political implications without being an overtly political work. Yes, DeParle’s sympathies are clear. “Rosalie’s experience was a triple win: good for her, good for America, and good for her family in the Philippines,” he writes. “Migration was her vehicle of salvation. It delivered her from the living conditions of the nineteenth century. It respected her talent, rewarded her sweat, and enlarged her capacity for giving.” He also stresses how Filipino immigrants thrive in America, with more education, higher employment, and lower poverty and divorce rates than the native-born.

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Yet he mainly calls for calm and compromise around the immigration debates. “Be wary of seeing the issue in absolutist terms,” DeParle warns. He worries that if immigration becomes entrenched as another American culture war, like those over guns or abortion rights, its supporters will have more to lose. The warning comes under a Trump administration that has defined itself through its offensive against migrants, not just rewriting policies but seeking to write immigration out of the American tradition. On this point, DeParle offers a devastating rebuttal in another simple line.

“It’s good,” he concludes, “for your country to be the place where people go to make dreams come true.”

Follow Carlos Lozada on Twitter and read his latest essays and book reviews, . . . .

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This story reminds me of the dramatic presentation about her own family’s immigrant experience delivered by my friend and co-teacher Professor Jennifer Esperanza of Beloit College during our recent Bjorklunden Seminar on American Immigration.  I’ve posted it before, but here it is again.  https://www.youtube.com/watch?v=OEODrtuj_Pk&t=323s

One of the points Jenn makes is how she channeled the challenges of her childhood into learning that led to a lifetime of success and high achievement. 

PWS

09-02-19

IMMIGRATION COURTS: “MALICIOUS INCOMPETENCE ON STEROIDS” — With Court System Reeling & Asylum Applicants Suffering, Administration Plans Another Round Of Massive “Aimless Docket Reshuffling” (“ADR”), Reports Hamed Aleaziz @ BuzzFeed News!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

 

https://apple.news/A3UINub7KSjuOLcKAHDJMLw

Hamed Aleaziz reports for BuzzFeed News:

A Surge Of Immigration Judges Are Expected To Handle The Cases Of Thousands Forced To Wait In Mexico

“This will wreak havoc on court dockets across the country,” said one immigration court official.

Hamed Aleaziz

BuzzFeed News Reporter

A 10-month-old boy, whose family fled violence in El Salvador, waits in a tent in Tijuana, Mexico, for an immigration court hearing in the US.

Department of Homeland Security officials expect about 150 immigration judges from across the US will be selected to handle cases involving asylum-seekers forced to remain in Mexico while their cases proceed, according to a source with knowledge of the matter, a massive potential increase in assignments that threatens to overwhelm an already struggling court system.  

Around a dozen judges currently presiding over courts in San Diego and El Paso, Texas, handle the cases of people referred under Migration Protection Protocols, the controversial Trump administration policy forcing asylum-seekers to remain in Mexico as their cases move through the immigration system. While the cases can take months or years to be scheduled, the number of individuals included in the program has expanded to more than 35,000, according to figures obtained by BuzzFeed News.

The Trump administration hopes to change that by soon opening facilities along the border to handle the cases. Officials plan to open two border courts in Texas — in Laredo and Brownsville — by the middle of September, in which they will hear up to 20 cases per day, according to a government briefing document obtained by BuzzFeed News. A DHS spokesperson said the date the facilities would open was still to be determined.

On Tuesday, Rep. Lucille Roybal-Allard, who chairs the House DHS Appropriations Subcommittee, revealed in a letter that the agency had plans to transfer $155 million in federal disaster funds to Immigration and Customs Enforcement to help fund the new facilities.

The cases heard at the border are expected to be conducted primarily via video teleconferencing, allowing for more judges across the country to be brought into the process. Assistants, working on contract, will help organize the hearings by taking roll call, send case documents to judges in other locations, and operate the video systems, according to a separate DHS planning document obtained by BuzzFeed News.

Judges assigned these cases could be forced to delay other asylum and deportation hearings that had already been scheduled, causing a ripple effect and further growing an already bloated court backlog of hundreds of thousands of cases.

People wait inside an immigration court in Miami.

“Once again immigration judges from courts across the country will have to push their home court dockets aside to preside televideo at border courts,” said one immigration court official who could not speak publicly on the matter. “This will wreak havoc on court dockets across the country.”

At a San Diego court that has presided over many “Remain in Mexico” cases for months, judges have been told to prioritize the hearings over others, according to a source with knowledge of the change. As a result, some immigrants who have waited for months or years for their previously scheduled cases will likely have their hearings delayed.

“The prioritization of MPP cases will place a huge burden on the immigration courts,” said a DOJ official involved with immigration matters. “Additionally, the postponement of previously scheduled cases will cause the backlog to grow even more, as the completion of these cases will be further delayed for months or even years.”

Rebecca Jamil, a former immigration judge under the Trump administration, said that the cases on judge’s dockets don’t go away when they are assigned new cases.

“Those families have been waiting for years to have their cases heard, and now will wait another two or three years, and due process is denied by the delay — evidence becomes stale, witnesses die, country conditions change,” she said.

The Department of Justice, which oversees the Executive Office for Immigration Review, which manages the nation’s immigration courts, is prepared to meet the demands from the DHS on any hearings, an agency spokesperson said.

The potential changes come as data revealed by Syracuse University indicates that asylum-seekers forced to wait in Mexico rarely have legal representation; just 1% of individuals are accompanied by attorneys at their hearings.

The Remain in Mexico program is one of the few hardline Trump immigration policies that has thus far survived a court injunction. While a federal court judge in San Francisco blocked the policy earlier this year, a 9th Circuit Court of Appeals panel allowed it to continue as a legal challenge works its way through the court process.

Asylum-seekers who were returned to Mexico under the Trump administration have faced consequences of remaining there, according to advocacy group Human Rights First. The group found more than 100 cases of people returned under the program alleging rapes, kidnappings, sexual exploitation, or assault, according to a report released this month.

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This is the result of the complete abdication of duty by the Ninth Circuit in Innovation Law Lab v. McAleenan, that lifted a proper, life-saving U.S. District Court injunction and allowed the Administration’s patently illegal and immoral “Kill ‘Em in Mexico Program” to proceed.

The solution:  There is no such thing as a “fair” asylum denial under this program. Yes, not everyone meets the criteria. But, everyone is entitled to a fair chance to present a claim, free from duress, coercion, and biased judging, which is not happening. 

Advocates must flood the Ninth Circuit and the other border circuits with petitions for review and other types of court actions forcing these complicit Article III “Ivory Tower Judges,” who believe they have removed themselves from the fray, with the human carnage resulting from their gross dereliction of duty to enforce the statutory and Constitutional rights of asylum seekers.

The disgusting and spineless performance of the Article IIIs in light of the Administration’s bogus, illegal actions to “deter” legitimate asylum seekers is nothing short of a national disgrace. If not corrected, it will rightfully tarnish the reputation of the Federal Courts and the individual judges involved for generations to come.

PWS

08-30-19

MAINE AND OTHER STATES ARE HURTING BECAUSE OF POPULATION LOSS — The Answer — More Legal Immigration Across The Board — Is Staring Us Right In The Face — But, Trump’s White Nationalist Nativist Agenda Stands In The Way Of Rational Solutions!

Boothbay Harbor
Boothbay Harbor, ME
Looking West from the Whales Tails Restaurant & Seafarer Pub

From the Washington Post:

https://www.washingtonpost.com/opinions/a-rational-immigration-system-is-the-answer-to-us-worker-shortages/2019/08/25/b396bada-c5c4-11e9-b72f-b31dfaa77212_story.html

A rational immigration system is the answer to U.S. worker shortages

Add to list

By Editorial Board

August 25

OCCUPATIONAL AND physical therapists. Religious workers. Plant operators. Railway personnel. Construction workers. Maintenance and repair workers. Firefighters. Social workers. Nurses. Funeral workers. Truckers. That’s only a brief sampling of the jobs in the United States for which there are severe shortages of available employees, and way more openings than applicants.

A recent article in The Post detailed the heartbreaking effects of a drastic deficit in just one employment category — home health aides — in just one state, Maine, which has the nation’s second-highest percentage of people over age 65 . They and their relatives who cannot afford private home health aides (who charge roughly $50 an hour) are suffering. Nursing homes, similarly, are closing for want of workers. Even attempts to lure employees by raising wages have hit a brick wall; there simply aren’t enough job applicants in the state nor, apparently, enough people willing to move there.

Maine’s problems in that regard will soon be a national epidemic. Within a decade or so, at least a fifth of the population in roughly 28 states will be 65 or older. The effects of aging baby boomers will be compounded by a national fertility rate that has fallen to its lowest level in nearly five decades. That means younger people will not be available to replenish the ranks of older workers as they retire.

A rational immigration system, one that meets the labor market’s demands for workers in an array of skill categories and income levels, is the obvious antidote to chronic and predictable labor deficits. Unfortunately, the Trump administration, heedless of the pleas of employers, has implemented and proposed measures whose effect will deepen existing and future shortages. And it has done so even as the unemployment rate, now 3.7 percent, continues to bump along at near-historic lows.

A policy announced by the administration this month would impede large numbers of low-income legal immigrants from remaining in the United States, or coming in the first place, if they are judged likely to use public benefits to which they are entitled, including noncash ones such as housing subsidies and health care. The impact would be a dramatic reduction in newcomers, and in existing immigrants eligible to become legal permanent residents, or green-card holders, the final step before full citizenship. By targeting low-income and low-skilled migrants, the rule would perpetuate severe worker shortages in a variety of sectors.

Earlier this year, the administration unveiled a blueprint for legal immigration that, in a reversal, maintained overall levels of immigrants. That recognized that slashing immigration is a recipe for economic decline. However, the Trump plan, by favoring educated, skilled English speakers with strong earnings prospects over relatives of current residents, ignored the reality that retail, landscaping, food processing and dozens of other industries rely on relatively low-skilled labor — and are desperate for workers.

The critical role ICE plays in Trump’s immigration push

President Trump has found a crucial tool to carry out his sweeping immigration polices: U.S. Immigration and Customs Enforcement. (John Parks, Luis Velarde/The Washington Post)

President Trump has leveraged nativist policies to his political advantage. He has been indifferent to their corrosive long-term economic impact. Far from making America great again, the president’s policies are likely to transform the United States into a second Japan, where an aging population and barriers to immigration have sapped the dynamism and prospects of what was once one of the world’s most dynamic economies.

Here’s a link to Jeff Stein’s August 14 article on the crisis in Maine:

https://www.washingtonpost.com/business/economy/this-will-be-catastrophic-maine-families-face-elder-boom-worker-shortage-in-preview-of-nations-future/2019/08/14/7cecafc6-bec1-11e9-b873-63ace636af08_story.html

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One reason our current immigration system is failing is that it has ignored market forces both in the U.S. and in sending countries.  

That’s particular true with what we consider “manual labor” (which usually takes skills that most Americans either lack or have no interest in developing).

Working with market forces, rather than futilely trying to override or reverse them, would be a win-win-win. It would benefit the migrants, our country, and would greatly reduce the amount of time and money we waste on  cruel, controversial, legally questionable, and ultimately ineffective “civil enforcement” of unrealistic and unworkable restrictive immigration laws.

Even now, what if we welcomed qualified asylum seekers, screened and processed them rapidly for legal status, and worked with NGOs and states like Maine to place them in localities where their skills could be put to immediate use or they could be trained to make critical contributions to our society’s needs while improving their own situations?

Indeed, Maine already has an outstanding record of welcoming refugees and asylum seekers. Notwithstanding initial climate and cultural differences, an amazing number of forced migrants from Africa have resettled in Maine and contributed to their communities and the state’s well-being, as well as adapted to the “Maine way of life.” It’s a process of give and take integration that enriches both the immigrants and the communities in which they settle.

PWS

08-29-19

THE “GOOD GUYS” STRIKE BACK: NAIJ, AILA Issue Statements Strongly Condemning Administration’s Attempt to “Decertify” Immigration Judges’ Union!

THE “GOOD GUYS” STRIKE BACK: NAIJ, AILA Issue Statements Strongly Condemning Administration’s Attempt to “Decertify” Immigration Judges’ Union!

Hon. A. Ashlley Tabaddor
Hon. A. Ashley Tabaddor
President, National
Association of Immigration Judges (“NAIJ”)

NAIJ Press Release on Attempt to Decertofu 8-12-19

For immediate release – August 12, 2019

Contact: Jamie Horwitz,jhdcpr@starpower.net, 202/549-4921

Trump Administration Seeks to Silence Federal Immigration Judges’ Union DOJ Files Legal Documents to End the Labor Rights of Judges

Retribution for Speaking Out and Exposing Problems in the Courts

Judges Make Bipartisan Appeal Asking Congress to Create an Independent Court Free From Political Influence

WASHINGTON — On Friday, August 9, the U.S. Department of Justice filed legal documents with the Federal Labor Relations Authority (FLRA) seeking to eliminate the rights of federal Immigration Judges (IJs) to be represented by a union. The petition filed by the administration asserts that IJs are “management officials” who formulate and advance policy.

“This is nothing more than a desperate attempt by the DOJ to evade transparency and accountability, and undermine the decisional independence of the nation’s 440 Immigration Judges,” said Judge Ashley Tabaddor, an Immigration Judge who hears cases in Los Angeles, speaking in her capacity as the president of the National Association of Immigration Judges (NAIJ). “We are trial court judges who make decisions on the basis of case specific facts and the nation’s immigration laws. We do not set policies, and we don’t manage staff,” she added.

The nation’s immigration courts are not part of the judicial branch of the government. The courts where immigration cases are heard are managed by the DOJ, allowing the

nation’s chief prosecutor, the U.S. Attorney General, oversight authority and the power to hire, fire, and control the judges who preside over immigration hearings.

Over the past two years, NAIJ has been highly critical of the administration’s moves to create a quota of 700 cases per year for every IJ and to pressure judges to process cases faster, irrespective of the law and the facts of the case. The NAIJ has also documented and publicly commented on how the government shutdown earlier this year added to the case backlog. Other issues raised by the NAIJ during the Trump years have included challenges to the Attorney General’s stripping IJs of needed docket management authority and depriving IJs of adequate support staff and resources such as interpreters, courtrooms, law clerks, and access to current technology. The move to decertify NAIJ is a clear effort to thwart criticism.

“It’s absurd that anyone would consider us managers,” said Tabaddor. “We don’t even have the authority to order pencils.”

This is not the first time that the DOJ has floated the theory that Immigration Judges are managers. Two decades ago, the DOJ made a similar attempt at decertifying the judges’ union. In 2000, the FLRA ruled at that time that IJs do not act as managers. Since that decision, the role and responsibilities of IJs has further been reinforced as trial judges rather than as managers. In the last two years, for example, the DOJ has eliminated any opportunity for IJs to serve in an advisory capacity to management officials and has repeatedly refused even to consult NAIJ on decisions affecting daily court operations. Additionally, the docket schedule of each IJ is micromanaged to advance law enforcement priorities rather than priorities or scheduling set by an individual judge.

NAIJ is affiliated with the International Federation of Professional and Technical Engineers, a much larger union that represents thousands of highly-educated federal employees including NASA rocket scientists, engineers employed by the U.S. Navy and the Army Corp of Engineers, and administrative law judges who hear cases involving Social Security claims. According to IFPTE’s president Paul Shearon, “This is nothing

more than union busting plain and simple, and part of a disturbing pattern. The White House has

signed a series of executive orders that limit the ability of federal unions to raise questions about abuses and inefficiencies, and they have tried to hinder a union’s ability to fully represent federal workers who are often stuck in a bureaucratic maze.” Added Shearon, “This administration doesn’t want to be held accountable, and they especially don’t want anyone looking over their shoulder on immigration issues.”

“It’s in the best interests of the American people for judges to hear cases based solely on the law and the facts presented, free from political considerations,” said Judge Tabaddor. “This is not a Democrat or Republican or a left, right issue.” NAIJ has long advocated for Immigration Judges to be placed in an independent agency, similar to the nation’s bankruptcy and tax courts, rather than under the control of the DOJ. In recent months, this move to create an independent agency to operate the immigration courts has been gaining traction on both sides of the aisle in Congress.

“We think many on Capitol Hill, from both parties, will oppose this effort to mute the nation’s Immigration Judges,” said Tabaddor. “When Congress returns in September, we will redouble our efforts to maintain judicial independence and due process through the creation of an independent court. The DOJ’s actions, designed to silence judges and their union, further demonstrates why judges who hear immigration cases need to be placed in an independent agency. Our rallying cry as we make the rounds in the halls of Congress will be ‘remember August 9’.”

The National Association of Immigration Judges (NAIJ), founded in 1971, is a voluntary organization formed with the objectives of promoting independence and enhancing the professionalism, dignity, and efficiency of the Immigration Court.

# # #

 

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AILA – AILA: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independen

 

AILA: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence 

AILA Doc. No. 19081591 | Dated August 15, 2019 

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org
Tessa Wiseman
202-507-7661
twiseman@aila.org

 

WASHINGTON, DC – On Friday, August 9, 2019, the U.S. Department of Justice (DOJ) petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. In the petition, DOJ asserts that immigration judges should be considered “management officials” and therefore should be excluded from forming or joining labor unions. The National Association of Immigration Judges (NAIJ), the recognized collective bargaining representative of our nation’s immigration judges, deemed DOJ’s claim as “absurd” and said that DOJ’s actions are “designed to silence judges and their union.” Representatives Jerrold Nadler (D-NY) and Zoe Lofgren (D-CA) of the House Judiciary Committee also decried the move in a statement this week.

Benjamin Johnson, Executive Director of the American Immigration Lawyers Association (AILA) responded, “DOJ’s petition to decertify the NAIJ is an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority. Ironically, while the petition contends that immigration judges are ‘management officials,’ this Administration has made every effort to limit the judges’ independence, management, and authority – micromanaging dockets, limiting discretion in adjudication, and imposing strict performance quotas.

Congress must protect the sanctity of due process, efficiency, and fairness in the court system by exercising its oversight authority over these politically motivated actions of the DOJ. Oversight alone is not enough; these actions are only possible because DOJ has total control over the immigration court system. America can no longer afford to have a system that can be so easily manipulated. AILA urges Congress to pass legislation establishing an independent immigration court under Article I of the Constitution.”

Cite as AILA Doc. No. 19081591.

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An outrageous waste of our taxpayer money, abuse of our legal system, and unlawful attempt to silence the Administration’s critics.  Note that the ONLY U.S. Immigration Judges who have a right to “speak out” against the fraud, waste, and abuse of the system by the current Administration (in other words, to “speak truth”) are senior officials of the NAIJ.

The DOJ and EOIR have effectively “muzzled” the rest of the active Immigration Judges. They are not allowed to speak to the press. Under this Administration, they aren’t even allowed to participate in educational programs and seminars aimed at educating the public about practice before the  Immigration Courts.

Yet, while treating the judges little better than well-paid but overworked clerks, the Department of Justice asserts, with a straight face, that they are “management officials.” Just what, one might ask, are they “managing?”

Moreover, since judges generally need support but little if any day to day “management” in a functioning system (I wonder how much time Chief Justice Roberts spends “managing” his colleagues or how much time any Chief Judge in a legitimate system spends “managing” his or her judicial colleagues), what’s the purpose of the bloated management structure in the “EOIR Tower” in Falls Church, VA?

The real needs of the Immigration Judges — more clerks, more time off the bench to prepare, more educational opportunities, better equipment, better courtrooms, less time spent on non-productive work like reporting progress on case quotas — remain unaddressed by what passes for “management” at today’s EOIR. The filing of this meritless “decertification petition” by EOIR appears to be yet another in the long series of disingenuous efforts by DOJ and EOIR to deflect attention from their own gross mismanagement of the Immigration Court system that has helped to create monumental, unprecedented backlogs even as more resources are thrown into the maelstrom.

A truly horrible system — essentially a “Rube Goldberg Contraption — that must be abolished by Congress and reinstituted as an independent Article I Court dedicated to delivering “Due Process with efficiency.”

Due Process forever; malicious incompetence never!

 

PWS

08-19-19

JOURNAL ON MIGRATION & HUMAN SOCIETY (“JMHS”) PUBLISHES MY TRIBUTE TO JUAN OSUNA (1963-2017): “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era”

 

New from JMHS | An Overview and Critique of US Immigration and Asylum Policies in the Trump Era
View this email in your browser
A publication of the Center for Migration Studies
Donald Kerwin, Executive Editor
John Hoeffner and Michele Pistone, Associate Editors

An Overview and Critique of US Immigration and Asylum Policies in the Trump Era

By Paul Wickham Schmidt (Georgetown Law)

This paper critiques US immigration and asylum policies from perspective of the author’s 46 years as a public servant. It also offers a taxonomy of the US immigration system by positing different categories of membership: full members of the “club” (US citizens); “associate members” (lawful permanent residents, refugees and asylees); “friends” (non-immigrants and holders of temporary status); and, persons outside the club (the undocumented). It describes the legal framework that applies to these distinct populations, as well as recent developments in federal law and policy that relate to them. It also identifies a series of cross-cutting issues that affect these populations, including immigrant detention, immigration court backlogs, state and local immigration policies, and Constitutional rights that extend to non-citizens. It makes the following asylum reform proposals, relying (mostly) on existing laws designed to address situations of larger-scale migration:

  • The Department of Homeland Security (DHS) and, in particular, US Citizenship and Immigration Services (USCIS) should send far more Asylum Officers to conduct credible fear interviews at the border.
  • Law firms, pro bono attorneys, and charitable legal agencies should attempt to represent all arriving migrants before both the Asylum Office and the Immigration Courts.
  • USCIS Asylum Officers should be permitted to grant temporary withholding of removal under the Convention Against Torture (CAT) to applicants likely to face torture if returned to their countries of origin.
  • Immigration Judges should put the asylum claims of those granted CAT withholding on the “back burner” — thus keeping these cases from clogging the Immigration Courts — while working with the UNHCR and other counties in the Hemisphere on more durable solutions for those fleeing the Northern Triangle states of Central America.
  • Individuals found to have a “credible fear” should be released on minimal bonds and be allowed to move to locations where they will be represented by pro bono lawyers.
  • Asylum Officers should be vested with the authority to grant asylum in the first instance, thus keeping more asylum cases out of Immigration Court.
  • If the Administration wants to prioritize the cases of recent arrivals, it should do so without creating more docket reshuffling, inefficiencies, and longer backlogs

Download the PDF of the article

 

Read more JMHS articles at http://cmsny.org/jmhs/

Want to learn more about access to asylum on the US-Mexico border? Join the Center for Migration Studies for our annual Academic and Policy Symposium on October 17.

 

 

 

 

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My long-time friend Don Kerwin, Executive Director of CMS, has been a “Lt. General of the New Due Process Army” since long before there even was a “New Due Process Army” (“NDPA”). Talk about someone who has spent his entire career increasing human understanding and making the world a better place! Don is a great role model and example for newer members of the NDPA, proving that one can make a difference, as well as a living, in our world by doing great things and good works! Not surprisingly, Don’s career achievements and contributions bear great resemblance to those of our mutual friend, the late Juan Osuna.

 

So, when Don asked me to consider turning some of my past speeches about our immigration system and how it should work into an article to honor Juan, I couldn’t say no. But, I never would have gotten it “across the finish line” without Don’s inspiration, encouragement, editing, and significant substantive suggestions for improvement, as well as that of the talented peer reviewers and editorial staff of JMHS. Like most achievements in life, it truly was a “team effort” for which I thank all involved.

 

Those of you who might have attended my Boynton Society Lecture last Saturday, August 10, at the beautiful and inspiring Bjorklunden Campus of Lawrence University on the shores of Lake Michigan at Bailey’s Harbor, WI, will see that portions of this article were “reconverted” and incorporated into that speech.

 

Also, those who might have taken the class “American Immigration, a Cultural, Legal, and Anthropological Approach” at the Bjorklunden Seminar Series the previous week, co-taught by my friend Professor Jenn Esperanza of The Beloit College Anthropology Department, and me had the then-unpublished manuscript in their course materials, and will no doubt recognize many of the themes that Jenn and I stressed during that week.

 

Perhaps the only “comment that really mattered” was passed on to me by Don shortly after this article was released. It was from Juan’s wife, the also amazing and inspiring Wendy Young, President of Kids In Need of Defense (“KIND”):Juan would be truly honored.”

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies
Juan P. Osuna
Juan P. Osuna (1963-2017)
Judge, Executive, Scholar, Teacher, Defender of Due Process
Wendy Young
Wendy Young
President, Kids In Need of Defense (“KIND”)
Me
Me

 

PWS

 

08-19-19

 

 

 

HON. JEFFREY CHASE: Barr Intended To Attack The “Quintessential Particular Social Group In Society” — The Family — As Part Of His Restrictionist Deconstruction of Asylum Protections For Vulnerable Refugees — But, Can He Really Rewrite Reality? — Chase On Matter of L-E-A-!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog

https://www.jeffreyschase.com/blog/2019/8/11/l-e-a-how-much-did-the-ag-change

Aug 11 L-E-A-: How Much Did the AG Change?

In June 2018, the Attorney General issued his precedent decision in Matter of A-B-.  The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers, immigration judges, the BIA, and the circuit courts.  The decision also aimed to compel asylum officers to find those arriving at the southern border to lack the credible fear necessary for entry into the court system, allowing for their immediate deportation.

However, the decision failed to achieve these goals.  A U.S. District Court decision, Grace v. Whitaker, prohibited USCIS from applying A-B- in credible fear determinations. And Immigration Judges have continued to grant significant numbers of domestic violence claims, concluding that A-B- did not prevent them from doing so, but only required their decisions to contain an in-depth analysis of their reasoning.  The case of A-B- herself presently remains pending before the BIA.

More recently, the Attorney General took the same approach to the question of whether family may constitute a particular social group.  While once again, the administration’s goal is to prevent such claims from passing credible fear interviews and from being granted asylum, the effort also seems likely to fail.

                         *                *                    *

“There can, in fact, be no plainer example of a social group based on common, identifiable and immutable characteristics than that of the nuclear family.  Indeed, quoting the Ninth Circuit, we recently stated that ‘a prototypical example of a “particular social group” would consist of the immediate members of a certain family, the family being a focus of fundamental affiliational concerns and common interests for most people.'”

The above language is from a 1994 decision of the U.S. Court of Appeals for the First Circuit, Gebremichael v. INS, 10 F.3d 28 (1st Cir. 1994).  It pretty much reflects the view of every circuit court over the past 25 years.  Since Gebremichael, the BIA has added additional requirements of particularity and social distinction to the particular social group (“PSG”) requirements in a series of six precedent decisions issued between 2006 and 2014.  But as a recent practice advisory of CLINIC points out, the First, Second, Third, Fourth, Sixth, Seventh, Eighth, and Ninth Circuits have all recognized that family can constitute a PSG, and all have reiterated that opinion in decisions issued in 2014 or later, meaning that those courts have not found the BIA’s subsequent requirements to alter their longstanding view on the matter.

For this reason, when L-E-A- was first decided by the BIA in 2017, the parties were not in disagreement on this point – the issue had acquired a “the sky is blue” certainty.  The issue before the BIA was rather about nexus – i.e.  what was required to show that one’s feared persecution was in fact “on account of” such family membership.  The Board settled on a highly restrictive standard for establishing nexus, illustrated by the single example of the Romanov family in 1918 Russia.

Possibly fearing an influx of asylum-seeking Romanovs, Matthew Whitaker, during his very brief tenure as Acting Attorney General, felt the need to certify the decision to himself.  And on July 29, his successor, WIlliam Barr, issued a decision very reminiscent of A-B-.

As in A-B-, Barr justified vacating the Board’s decision because it relied on the parties’ stipulation to the issue in question.   In Barr’s view, this caused the resulting decision to lack the rigorous analysis deserving of a precedent decision.  While it remains unclear why rigorous legal analysis is required where everyone agrees to the correctness of the assertion (do we require rigorous mathematical analysis to the proposition that 2+2 = 4?), it should be noted that unlike Matter of A-R-C-G-, which was the single precedent decision holding that victims of domestic violence could be eligible for asylum, there is 25 years worth of circuit court case law on this point, plus the BIA’s own statement in Matter of Acosta that kinship could be a basis for a PSG, which dates to 1985, a point that the BIA reaffirmed over the next three decades, in Matter of C-A- (2006), and then, by reference to that case, in Matter of M-E-V-G- (2014).  Barr’s excuse is that, in his view, multiple circuits “have relied upon outdated dicta from the Board’s early cases.”

As in A-B-, the AG’s decision affects no change in the applicable legal standard.  The holding is quite narrow, simply overruling the part of the BIA’s decision discussing the cognizability of family as a PSG.  The decision doesn’t preclude such findings, but rather requires adjudicators to spend more time on each case, providing a detailed, step-by-step analysis before granting relief.  This is a critical point, as at least one IJ has said that L-E-A- has closed the door on family-based PSGs.  IJs had a similar reaction in the immediate aftermath of A-B-, stating that they can no longer grant domestic violence claims, only to realize otherwise over time.  Barr specifically states that his decision “does not bar all family-based social groups from qualifying for asylum,” adding “[t]o the contrary, in some societies, an applicant may present specific kinship groups or clans that, based on the evidence in the applicant’s case, are particular and socially distinct.”  He also cautions adjudicators to “be skeptical of social groups that appear to be “defined principally, if not exclusively, for the purposes of [litigation] . . . without regard to the question of whether anyone in [a given country] perceives [those] group[s] to exist in any form whatsoever.”  These are restatements of long-existing law.  Of course, the concept of family was not artificially created for litigation purposes.

In L-E-A-, Barr specifically referenced the canon of ejusdem generis, which the BIA applied in Matter of Acosta to conclude that a particular social group should not be interpreted more broadly than the other four terms (race, religion, nationality, and political opinion) that surround it in the statute.1  As the canon was applied to counter the argument that the legislative intent of the PSG ground was to serve as a broad, catch-all “safety net” for those deserving of protection but unable to fit within the other four protected categories, the AG is happy to rely on the premise in his decision as well.

However, ejusdem generis is a two-edged sword.  In the same way as it prevents the PSG category from being interpreted more broadly than its fellow protected grounds, it similarly prevents those other categories from being interpreted more broadly than PSG.

And therein lies the flaw in Barr’s argument that “as almost every [noncitizen] is a member of a family of some kind, categorically recognizing families as particular social groups would render virtually every [noncitizen] a member of a particular social group. There is no evidence that Congress intended the term “particular social group” to cast so wide a net.”

Every noncitizen is also a member of a race and a nationality.  And most believe in a religion of some type.  But no court has suggested that those categories are therefore too wide to form a protected ground for asylum purposes.  Barr fails to explain that belonging to a protected ground does not make one a refugee; everyone in the world belongs to one or more such categories; many of us belong to all five.  Asylum requires persecution (either suffered in the past, or a sufficient likelihood of suffering in the future), as well as a showing that such persecution was motivated more than tangentially in the persecutor’s view by the victim’s possessing one or more of the protected bases.  When one also considers how extreme the harm must be to be constitute persecution; that such harm must either be by the government, or by a person or group that the government is unable or unwilling to control, and that the asylum seeker must not be able to avoid such harm through reasonable relocation to a safer place within their own country, it is not an easy standard to satisfy.

Barr then further errs in claiming that the test for social distinction is not whether the nuclear family carries societal importance (which in fact is the test), but rather, whether the applicant’s “specific nuclear family would be ‘recognizable by society at large.’”  In that sentence, Barr supported his erroneous claim by misquoting Jeff Sessions in Matter of A-B-, by omitting the word “classes.”  The actual quote, “social groups must be classes recognizable by society at large,” actually supports the argument that nuclear families would enjoy social distinction.  By manipulating the language of case law, Barr attempts to equate “social distinction” with fame.  Under his proposed interpretation, an asylum seeker must be a Kardashian to satisfy the PSG standard, and a Romanov to then prove nexus.  (While such interpretation is clearly incorrect, I am nevertheless coining the term “Czardashian” here).

The true test for social distinction is whether the proposed group is consistent with how society divides itself.  And families are the most basic way that society divides itself into groups.  We are often identified in society as someone’s child, spouse, parent, or sibling.  When we meet someone with a familiar last name, the first thing we ask is “are you related to so and so?”  The reason we care to ask such question is precisely because families are socially distinct.  By comparison, no one has ever asked me if I’m a member of the group of “tall, gray-haired, left-handed immigration lawyers with glasses,” because that is the type of artificially concocted group that in no way reflects how society divides itself.

Barr’s statement that “unless an immediate family carries greater societal import, it is unlikely that a proposed family-based group will be ‘distinct’ in the way required by the INA for purposes of asylum” is nonbinding dicta, expressing the likelihood of success in claims not before him.2  Nevertheless, his statement also overlooks an important aspect of PSG analysis: the impact of persecution on public perception.  Social distinction is measured not in the eyes of the persecutors, but of society.  But as UNHCR points out in its 2002 Particular Social Group Guidelines, at para. 14, even though left-handed people are not a particular social group, “if they were persecuted because they were left-handed, they would no doubt quickly become recognizable in their society as a particular social group.”  So even if we were to accept Barr’s flawed premise that a regular, non-celebrity family lacks his misconstrued version of social distinction, as word spread of the targeting of its members, that family would gain social recognition pretty quickly.

And as CLINIC’s practice advisory astutely notes, societies accord social distinction to even non-famous families in its laws determining how property is inherited, or to whom guardianship of surviving children is determined.

Notes:

  1. For a highly detailed analysis of the Chevron deference test as applied to Matter of A-B-, including the use of ejusdem generis as a canon of construction in step one of Chevron, see Kelley-Widmer, Jaclyn and Rich, Hillary, A Step Too Far: Matter of A-B-, ‘Particular Social Group,’ and Chevron (July 15, 2019). Cornell Legal Studies Research Paper No. 19-30. Available at SSRN: https://ssrn.com/abstract=3410556 or http://dx.doi.org/10.2139/ssrn.3410556
  2. See CLINIC’s Practice Advisory at 3. Much thanks to CLINIC attorneys Victoria Neilson, Bradley Jenkins, and Rebecca Scholtz for so quickly authoring this excellent guide.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

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There can be no doubt of Bill Barr’s anti-asylum bias, his poor lawyering skills, his lack of ethics, and his willingness to serve as a weapon of White Nationalist racist nonsense.  If you serve the cause like a toady, whether or not you “truly believe” becomes irrelevant. 

But, as Jeffrey points out, no matter how much the Barrs of the world would like to rewrite the law without going through the legislative or regulatory process, there is a long history of Article III Courts and the Immigration Courts themselves recognizing family-based asylum cases. 

There is also an irreducible truth staring Barr and his fellow restrictionists in the face: folks have been identifying themselves based on kinship ties from the beginning of history and other folks have been protecting, rejecting, joining, or excluding themselves from those family-based kinship groups since humans first walked the earth. Sometimes these processes have been peaceful, other times violent, sometimes cooperative, and sometimes coercive.

But, the reality is that family-based persecution happens every day of the week, through out our world.  In many many  instances it’s “at least one central reason” for the persecution.

Ironically, folks like Trump and Barr are doing their best to divide our country into as many hostile and sometimes violent, ethnic, racial and social groups as it can. But, in the end, whether within my lifetime or not, the truth will “eat up” the lies and false ideologies that drive Barr and the rest of the Trumpists. Sadly, however, by the time they are rightfully dislodged from power, too many will have died or been irrevocably harmed by their false doctrines and conscious disregard for human life, human decency, and well-established truths of human history.

PWS

08-17-19

CTGN VIDEO: “THE HEAT: MIGRATION, ASYLUM & DEPORTATION” – “New Due Process Army Warrior” Paulina Vera Makes Mincemeat Of FAIR’s Matthew O’Brien & His Bogus White Nationalist Narrative!

Pulina Vera
Paulina Vera
Lecturer in Law
George Washington Law

 

The Heat: Migration, Asylum and Deportation

Anand Naidoo

@anandnaidoo

Published August 14, 2019 at 5:50 PM

Hundreds more undocumented immigrants are being rounded up by U.S. law enforcement and processed for deportation. But the United States is not the only country dealing with these issues.

In 2015 and 2016, a wave of migrants and refugees sought asylum in Europe as they fled wars in Syria and Iraq.  Thousands more have died, or have been rescued at sea, as they tried to reach Europe from Africa. And, Italy is taking a tough stance on migrants by closing reception centers and trying to prevent rescue boats from docking at Italian ports.  Meanwhile Australia has long had some of the toughest asylum policies in the world, as it tries to prevent migrants and refugees from entering its country.

To discuss all of this:

  • Daniel Ghezelbash is a senior lecturer at Macquarie Law School and author of “Refuge Lost: Asylum Law in an Interdependent World.”
  • Reuven Ziegleris an associate professor in international refugee law at the University of Reading.
  • Paulina Vera is a lecturer in law at The George Washington University Law School.
  • Matthew O’Brien is director of research at the Federation for American Immigration Reform.

See the video here:

https://america.cgtn.com/2019/08/14/the-heat-migration-asylum-and-deportation 

 

 

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Wow! O’Brien is a shameless liar. Hopefully, his descendants will view this video and see for posterity just what a racist apologist opportunist and vile White Nationalist he is.

 

Unfortunately, this isn’t a “debate.”  It’s a question of O’Brien’s lies, fabrications, and false narratives versus truth. Even DHS’s OWN studies refute many of O’Brien’s White Nationalist talking points!!

 

It’s sad that in an attempt to present “ both sides” of a picture that has only one legitimate side, the media has to dredge up guys like O’Brien and give them a forum for their ugly, callous, and demonstrably untrue false narratives. Very much like the debate about climate change where lying “pseudo scientists” get equal time with those stating the truth, while the world disintegrates.

 

In the end, elections and political pandering can determine who holds power, but they can’t change truth. Contrary to Trump and his lackeys, there are no “alternative facts” and Trump himself is a living example of “fake news” and its toxic effects on our country and humanity. In this case, the truth is that under Trump and with support from folks like FAIR, our world is spiraling downward toward chaos and destruction.

ANYBODY, like O’Brien, who claims that “sound judicial practices” are being followed in today’s unfair and dysfunctional Immigration Courts should not be taken seriously by the media or anyone else.

 

Many congrats to Paulina, a courageous graduate of the “Arlington Immigration Court Internship Program” and a “Charter Member of the New Due Process Army” for taking a stand and speaking truth to the lies and liars who currently hold power.

 

 

PWS

08-15-19

TRUMP, MILLER, & “COOCH COOCH” ARE AS INTELLECTUALLY DULL AS THEY ARE RACIST — “USEFUL IDIOTS” PROVE NO MATCH FOR SMART WOMEN: CNN’S ERIN BURNETT, HUFFPOST’S SARAH RUIZ-GROSSMAN, HISTORIAN ANNIE POLLAND, & VANITY FAIR’S BESS LEVIN — No Wonder The Administration’s  Malicious Incompetents Surround Themselves With (Mostly Old White Male) Folks Who Might Be Even Dumber (But Not More Vile) Than They Are!

Erin Burnett
Erin Burnett
CNN Anchor
Erin Burnett OutFront 

Watch Erin eviscerate “Coach Cooch” — talk about debunking many of Trump’s flse narritives and blatant racist lies in one short piece:

https://apple.news/AzfXx6N_GTA-c-0HtLeBxmQ

 

Sarah Ruiz-Grossman
Sarah Ruiz- Grossman
News & Politics Reporter
Huffington Post
Annie Polland
Annie Polland
Historian & Executive Director
American Jewish Historical Society, NY

Read Sarah’s report of the mismatch, featuring American Jewish Historical Society’s Historian Annie Polland:

 

https://www.huffpost.com/entry/ken-cuccinelli-statue-liberty-poem-about-europe_n_5d535ed3e4b05fa9df0671ee

 

POLITICS 

  7 hours ago

Ken Cuccinelli: Statue Of Liberty Poem About ‘People Coming From Europe’

Trump’s citizenship and immigration chief followed up his earlier comments about the famous Emma Lazarus poem with a racist clarification.

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Ken Cuccinelli, the Trump administration’s acting head of U.S. Citizenship and Immigration Services, reinforced his controversial interpretation of the inscription on the Statue of Liberty ― this time giving it a racist twist.

CNN journalist Erin Burnett was asking Cuccinelli about his earlier interview with NPR, in which he reworded the Emma Lazarus poem “The New Colossus,” saying: “Give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

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“‘Wretched,’ ‘poor,’ refuse’ – right? That’s what the poem says America is supposed to stand for. So what do you think America stands for?” Burnett asked Cuccinelli.

“Well, of course, that poem was referring back to people coming from Europe,” Cuccinelli answered, “where they had class-based societies, where people were considered wretched if they weren’t in the right class … And it was written one year after the first federal public charge rule was written.”

It is unclear why Cuccinelli felt the need to specify the group of immigrants Lazarus was referring to. The poem itself describes the Statue of Liberty by saying, “From her beacon-hand/ Glows world-wide welcome.” USCIS did not immediately respond to HuffPost’s request for comment.

Cuccinelli was on NPR defending the Trump administration’s controversial new rule effectively barring legal immigrants who are on government benefits, like food stamps and Medicaid, from becoming permanent residents.

Josh Marshall

@joshtpm

 

 

Lotsa folks asking for longer version of this cuccinelli clip. Here it is.

346

7:36 PM – Aug 13, 2019

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After his remarks on NPR, HuffPost spoke to Annie Polland, a historian and director of the organization that has the original manuscript of Lazarus’ poem.

“To see how something so expressive of the country’s greatest ideals, to see how it could be so contorted or distorted, is really, I think, dismay is the only word,” said Polland, the executive director of the American Jewish Historical Society in New York, adding that she was “not surprised because we’ve been hearing these sentiments more than we have in the past.”

Lazarus originally wrote the poem in 1883 and it was added to the statue in 1903. Since then, the poem has become a symbol of the United States’ history of immigration.

Polland argued that the poem “is as much about who America or what America should be, as it is about immigrants,” adding that “in many ways, America defines itself by how it’s welcoming immigrants.”

 

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

And, speaking of “evisceration,” perhaps no pundit in American does it better than Vanity Fair’s Bess Levin, who as had “Don the Cons’s “number “dialed up” from the get-go:

https://www.vanityfair.com/news/2019/08/ken-cuccinelli-statue-of-liberty

Lady Liberty

TRUMP OFFICIAL REWRITES STATUE OF LIBERTY POEM TO REFLECT TRUMP’S “NO POORS” POLICY

Ken Cuccinelli doesn’t think the whole “give me your tired, your poor” business applies anymore.

BY

BESS LEVIN

AUGUST 13, 2019

BY WIN MCNAMEE/GETTY IMAGES.The base of the Statue of Liberty famously displays the words of Emma Lazarus, “Give me your tired, your poor, your huddled masses yearning to breathe free.” But, if Donald Trump’s top immigration official had it his way, the poem would be revised to reflect the president’s “rich immigrants only” policy.

Speaking to NPR on Tuesday, the day after the administration unveiled a new rule that will penalize green card applicants for “financial liabilities” like having a low credit score or using Medicaid, Ken Cuccinelli, acting director of U.S. Citizenship and Immigration Services, was asked if Lazarus’s poem, “The New Colossus,” remains “part of the American ethos.” To which Cuccinelli offered some suggested edits inspired by the executive branch’s take on who should or shouldn’t be allowed to live in the United States. “They certainly are,” Cuccinelli said. “Give me your tired and your poor—who can stand on their own two feet and who will not become a public charge.”

Aaron Rupar

@atrupar

 

 

Here’s acting USCIS director Ken Cuccinelli saying on NPR this morning that the Statue of Liberty plaque should be changed to read, “give me your tired and your poor who can stand on their own two feet, and who will not become a public charge.”

8,535

8:31 AM – Aug 13, 2019

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One day prior, Cuccinelli had told reporters at the White House that he was “certainly not prepared to take anything down off the Statue of Liberty,” though apparently, having slept on it, he’s now up for some kind of appendage. During his interview with NPR, Cuccinelli noted that the plaque bearing Lazarus’s words “was put on the Statue of Liberty at almost the same time as the first public charge was passed—very interesting timing.” It’s not at all clear what point he thought he was making.

WATCH NOW: 

Jon Favreau Breaks Down The Lion King’s Opening Scene

 

Despite having zero actual experience in immigration policy, Cuccinelli was hired in May thanks to previous work sponsoring bills that tried to repeal birthright citizenship and would force employees to speak English in the workplace. (Had the latter passed, we assume Cuccinelli would have proposed revising the Statue of Liberty’s poem to read, “Speak English, bitch.”) In 2013, his mother told the Washington Post that as Christians, the Cuccinellis raised their children to “care [for] the poor” and that “if someone is starving, you want to bring him a meal, not a book on how to cook,” lessons her son apparently forgot. (Speaking of his Christian values, Cuccinelli has said that homosexuality “brings nothing but self-destruction, not only physically but of their soul.”)

This isn’t the first time a member of the Trump administration has cast aspersions on the whole “give me your tired, your poor,” business. Back in 2017, Stephen Miller, the president’s chief white rage officer, told Jim Acosta that he didn’t give a shit about the poem because it “was added later and is not part of the original Statue of Liberty.”

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

We are “governed” by evil racist fools. It’s up to the “The Due Process Army” and others to defend America and American ideals from these ignorant, yet existentially dangerous, White Nationalist racists!

 

PWS

08-14-19

 

 

 

 

 

“DUH” ARTICLE OF THE DAY: Eugene Robinson @ WashPost: “Trump’s claim that he supports legal immigration turns out to be a lie”

https://www.washingtonpost.com/opinions/trumps-claim-that-he-supports-legal-immigration-turns-out-to-be-a-lie/2019/08/12/66f09920-bd32-11e9-b873-63ace636af08_story.html

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post

The erratic Trump administration has had just one consistent policy principle, one guiding North Star: punitive and often sadistic treatment of nonwhite immigrants.

President Trump’s claim that he supports legal immigration, as opposed to the undocumented “invasion” he rails against, turns out to be — big surprise — a lie. On Monday, the administration proved its antagonism toward those who “stand in line” and “come in the right way” by issuing a new rule forcing many legal immigrants to make an impossible choice: accept needed government benefits to which they are fully entitled, or preserve their chances of obtaining permanent residence.

Say you’re an immigrant from Mexico who came here legally to join family members who are already permanent residents or citizens. Say you’re working a full-time minimum-wage job, plus odd jobs nights and weekends. You are a productive member of society. You are paying payroll taxes, sales taxes, vehicle registration fees and other government levies. Still, as hard as you work, you can’t make ends meet.

You may be legally entitled to health care through Medicaid. You may be entitled to food assistance through the SNAP program, formerly known as food stamps. You may be entitled to housing assistance. But according to the new Trump administration rule — set to take effect in two months — if you use any of these programs, you might forfeit the opportunity to ever obtain a green card making you a permanent resident. That means you also forfeit the chance of ever becoming a citizen.

Long advocated by White House adviser Stephen Miller, the Torquemada of the immigration inquisition, the new policy is a major step in Trump’s crusade to Make America White Again. If it survives court challenges, the new rule could dramatically reduce legal — I repeat, legal — immigration from low-income countries. Not just coincidentally, I am sure, this means fewer black and brown people would be granted resident status.

Trump’s message to the world: Keep your tired, your poor, your huddled masses yearning to breathe free. As he memorably and disgracefully put it: “Our Country is FULL!”

A Homeland Security Investigations officer guards detained workers Aug. 7 after immigration raids at seven work sites across Mississippi. (Handout/U.S. Immigration and Customs Enforcement/AFP/Getty Images)

This is part of a well-established pattern. Trump often uses immigrants as scapegoats, encouraging his supporters to blame them for any and all problems they face. But beneath the cynical posturing there appears to be genuine animus.

Does the president hate all immigrants? He did once allegedly muse about wanting more newcomers from Norway. But those who are not white are treated, by this administration, as if they were not fully human.

How else to characterize a policy of cruelly separating children from their asylum-seeking parents at the border? Of keeping children in cages and denying them toothbrushes or soap? Of cramming adults into overcrowded lockups when their only crime was to lawfully seek refuge from violence and persecution?

Last week, U.S. Immigration and Customs Enforcement staged what was apparently the biggest one-day immigration raid in modern American history. Approximately 680 men and women classified as “removable aliens” were arrested at seven work sites in Mississippi. Taken from their job sites, many left young children waiting in vain, and in anguish, for their parents to pick them up from school or day care.

ICE has limited resources — certainly nowhere near enough to go after all the estimated 11 million unauthorized immigrants in the United States. The only policy that makes sense is to prioritize the capture and removal of those who pose a genuine danger, such as MS-13 gang members. But that’s not who you find punching a clock for minimum wage at a chicken plant in Mississippi. Instead, you find hard-working people trying to put food on the table for their families.

The raid was a demonstration, a warning, a show of force. If the administration were serious, it would have gone after the employers, who were not immediately hit with charges or sanctions — and are already looking for replacement workers. The message to undocumented migrants was: You are weak. We can hurt you whenever we want.

Sensible immigration reform would provide the law-abiding undocumented with a pathway to legal status and citizenship. But the Republican Party blocks action because it is terrified that these immigrants would eventually become Democrats. I wonder why.

I’m betting that not a single unemployed steelworker or laid-off coal miner moves to Mississippi to take those jobs plucking poultry. Trump’s immigration policy isn’t a matter of economics. Nor is it a matter of principle or fairness.

Cruelty isn’t a sideshow in the way Trump deals with nonwhite immigrants. It’s the main event.

 

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

KEY QUOTE:

I’m betting that not a single unemployed steelworker or laid-off coal miner moves to Mississippi to take those jobs plucking poultry. Trump’s immigration policy isn’t a matter of economics. Nor is it a matter of principle or fairness.

Cruelty isn’t a sideshow in the way Trump deals with nonwhite immigrants. It’s the main event.

So, why is it OK to have mindless cruelty be the “official policy” of the US? If it isn’t “OK,” what is each of us doing to remove this cancer that is eating away the fabric of America under the incredibly bogus and insulting mantra of “Making America Great Again?”

Is cruelty great? Is stupidity great? Is dumping on our fellow man great? Is environmental degredation great? Is blatant racism great? Is misogyny great? Is beating up on children great? Is corruption great? Is lying great? Is cowardice great? Is selfishness great? Is White Nationalism great? Is encouraging gun violence great? Are out of control deficits great? Is turning our backs on vulnerable refugees great? Is bullying other countries great? Is insulting our allies great? Are useless “trade wars” great? Is sucking up to the world’s worst dictators great? Is nuclear proliferation great? Is wiping entire species from the earth great? Is less health care great? Is election minipultion by Putin great? Are collasing bridges and deteriorating roads great? Is using public office for private gain great? Is nepotism great? Is failing to pay taxes great? Just what part of Trumpism does the “MAGA Crowd” think is “great?”

It’s not rocket science. Trump, Miller, ”Cooch Cooch,” & company are the vilest racists since the supposed end of Jim Crow (as we’re now seeing, that was an illusion; it never ended for the GOP and the Trumps of the world). The DHS and disgraceful and disingenuous cowards like McAleenan, Morgan, Albence, and Provost are their “handmaidens.” Barr is their enforcer. And the GOP is the racist party of the “New Jim Crow.”

It’s not just immigrants, Eugene. Once Trump and his neo-Nazi gang are done “Dred Scottifying” migrants, they are going after you and every other person of color and minority in the U.S. who dares to stand up to up to them.

Ironically, it’s a small handful of truly bizarre African Americans and Hispanic Americans who continue to support Trump, wrongly thinking that they are now “De Facto White” and consequently the “railroad cars will never be coming for them,” along with those who don’t vote, who could give Trump the electoral college edge he needs to remain in office (while likely losing the popular vote by an even larger margin than in 2016) and seal their own eventual demise and that of their families.                                                                                                                                                   

Some German Jews had converted to Lutheranism or Catholicism before World War II thinking that it would save them from Hitler and the anti-Semites. How did that work out for them?

Trump and today’s GOP are unapologetic racists as well as congenital liars lacking in any type of fundamental values. Their lies are many, selfishness rampant, and their policies and pronouncements vile. But, they must be taken seriously for the existential threat they are to the rest of us. To treat them as anything else or to express surprise when they turn out to be “as advertised,” is to push America and the world ever closer to the abyss.

Treating Trump as “normal” or a “legitimate” U.S. President, as too may Federal Judges, legislators, and some members of the media do, is a potentially fatal mistake. He’s a 24-caret fraud, but every bit as much of a threat to our nation’s future as George III was when the Declaration of Independence was written; probably greater, because he’s here on our shore, in person –trying to satisfy his own insatiable ego while destroying our nation.                                                                                                                                                                        

PWS

08-13-19

COURTSIDE HAS BEEN SAYING IT FOR YEARS: For Survival As A Nation, We Need To Keep All The Law Abiding (95+%) Legal & Undocumented Immigrants Already Here, PLUS Enact A Robust Increase In Legal Immigration In All Categories & Allow Many More Legally Admitted Refugees & Asylees — Unless & Until Congress Works Up The Courage (E.G., “Balls”) To Do This, Even Over The Objection Of The White Nationalist Racist Restrictionists, Large Scale “Civil” Immigration Enforcement Is A Beyond Stupid, Highly Unprofessional, Cruel Hoax — An Abuse Of Authority, & A Grotesque Waste Of Taxpayer Resources That Makes America Infinitely Worse As A Nation — FINALLY, THE SO-CALLED “MAINSTREAM MEDIA” IS STARTING TO “GET IT!

https://www.washingtonpost.com/opinions/ice-sweeps-are-cruel-without-immigration-reform-theyre-pointless-too/2019/08/11/88d212b8-bad4-11e9-bad6-609f75bfd97f_story.html

From the WashPost Editorial Board:

By Editorial Board

August 11

THE DEPORTATION sweep Wednesday by hundreds of U.S. Immigration and Customs Enforcement agents at several food processing plants in Mississippi left a trail of tears, business jitters and widespread anxiety in places where undocumented immigrants are so tightly woven into communities that the towns would struggle to exist without them. The raids inflicted predictable suffering — especially among children whose parents were suddenly carted off — to such a degree that just 24 hours afterward, ICE had released some 300 of the 680 migrants it had arrested, including those who had no criminal records.

President Trump, whose own family business has for many years employed migrants who entered the country illegally , pronounced the Mississippi action a “very good deterrent ” to unauthorized immigration. The evidence for that assertion is nil. Still, the sweep provided some useful reminders, not least that the United States cannot deport its way out of a dysfunctional immigration system.

First, the raids underline American agriculture’s deep dependency on undocumented workers, who in 2014 accounted for 17 percent of employees in the sector — and considerably more than that on farms and in many food processing plants. Little wonder that plant managers and local residents in towns targeted by ICE last week worried that the raids would sap their businesses and vitality.

The fact is that relatively few Americans want dirty, dangerous jobs that pay $12 per hour, while requiring some employees to report to work at 3 a.m. One study commissioned by the dairy industry suggested 3,500 dairy farms would close if half the country’s foreign-born workers were deported; another survey, from North Carolina, showed that in 2011, a minuscule number of the state’s nearly half-million jobless workers applied for 6,500 available farm jobs, and most of those who were hired couldn’t hack the work; most of the jobs were then filled by Mexicans.

Second, any large-scale enforcement action will inevitably result in families being broken apart — including those whose children are U.S. citizens. In 2017, two-thirds of unauthorized adult migrants had lived in the United States for more than a decade, according to the Pew Research Center; their median duration of residence was 15 years. Officials may not like the optics of crying toddlers and preteens whose parents have been taken away, but they shouldn’t be surprised.

Third, businesses like the ones in Mississippi that employ undocumented workers are subject to federal prosecution. But it was Republican leaders in the House of Representatives last year, on Mr. Trump’s watch, who blocked legislation that would have required private employers to use E-Verify, a data system used to check whether employees are legally present in the country. Farm groups, including those who represent major employers in Republican districts in California and elsewhere, are dead set against requiring E-Verify, knowing it would produce severe labor shortages.

ICE officials and federal prosecutors are right that deportation sweeps are within their purview as lawful enforcement actions. The problem is that the law is so blatantly misaligned with economic, social and political realities that it is magical thinking to believe that enforcement alone, in the absence of sweeping reform of existing laws, can make a dent in the nation’s population of 10.5 million undocumented immigrants.

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

Best Point: Immigrants at the “lower levels” of our economic ladder make just as much, probably more, contribution to the national prosperity, continued existence, and welfare as those at the top. And, certainly they do more for the good of the nation than Trump and the useless civil enforcement authorities at DHS.

While I’m not going to turn away a “rocket scientist” who wants to immigrate, we certainly need more qualified agricultural, home health care, and construction workers than “rocket scientists.” And, yes, logical choices to enforce and administer the law in a rational manner, including declining to enforce useless and counterproductive provisions, and to resist political pandering stemming from racist motives are well within the lawful discretion of all law enforcement agencies.

Quibble: Just because enforcement is technically “lawful” does not mean that it’s prudent or appropriate. Most of today’s civil immigration enforcement is immoral, wasteful, and corruptly intended to support racism and White Nationalism.

I suspect that the majority of the criminal statutes and ordinances now on the books in the U.S. are largely unenforced or only sporadically enforced. That’s good policing, good public policy, and poor legislating.

What if your local police devoted 100% of their resources to “busting” anyone who drove 1 mile over the speed limit while failing to investigate and prosecute homicide, rape, robbery, and other violent felonies? That’s technically “legal,” but both inane and fundamentally corrupt. Those responsible would likely be quickly removed from office.

And, let’s be clear: While DHS resources are being concentrated on White Nationalist nonsense like the “Mississippi Raids,” REAL CRIMES, such as fraud, wage and hour violations, abuse of migrants, hate crimes directed at migrants, human trafficking, drug trafficking, domestic violence, rape, bribery, soliciting of sexual favors by DHS agents, extortion, perjury, tax evasion, and other felonies are NOT being aggressively investigated or prosecuted by Trump’s White Nationalist regime.

That’s basically the way the immigration laws are being (mal)enforced in Trump’s name by folks like McAleenan, Albence, Morgan, Provost, and others. Don’t fall for their nonsensical apologist “we’re only enforcing the law” BS. (Also, what about the laws protecting refugees, asylum seekers, and encouraging legal immigration that these complicit clowns are unlawfully perverting or failing to enforce?)

Instead, vote to insure they and everyone associated with Trump are removed from office, required to make an honest living in the future, and replaced with competent, humane, and ethical folks who will resist and when necessary “out” racism and White Nationalism in all of its toxic forms. Just because enforcement of obsolete, unworkable, and discriminatory laws might be technically “legal” doesn’t make it right, sensible, or moral. And, in the case of the Trump Administration, it’s downright immoral, dishonest, and counterproductive.

PWS

08-12-19

SHOCKER: Trump’s Shockingly Disingenuous & Inappropriate Speech About El Paso Is Perceived By Many El Pasoans As . . . Shockingly Disingenuous & Inappropriate! — Fails To Mention Or Reach Out To Majority Latino/Hispanic Community Targeted By His Consistent Message Of Hate & Dehumanization!

https://apple.news/AvS_y1RcRTB66pEMhqUbLPg

SUZANNE GAMBOA
Suzanne Gamboa
Reporter, NBC News

Suzanne Gamboa reports for NBC News:

Some El Paso residents outraged by Trump’s speech that ‘failed to mention Latinos’

EL PASO, Texas — President Donald Trump condemned white supremacy from the White House Monday, but left Hispanics and Latinos out of his speech.

It’s a significant omission and a stark difference from the written document that has been linked to the 21-year-old gunman who allegedly opened fire on weekend shoppers Saturday at a Walmart in El Paso, Texas. The shooter’s alleged document mentions a Hispanic invasion, the increasing Hispanic population and a decision by its writer to target Hispanics after reading a right-wing conspiracy theory asserting Europe’s white population is being replaced with non-Europeans.

The death toll in the El Paso attack, which is being investigated as domestic terrorism, rose to 22 on Monday.

“We’ve got dead bodies. The majority are Hispanic. Some are foreign nationals from Mexico and we got a manifesto describing what he intends to do and why,” said state Rep. Cesar Blanco, a Democrat who represents El Paso.

“I think it’s telling; he failed to mention Latinos,” Blanco said of the president. “He failed to mention that our community is majority Latino, but it doesn’t surprise me.”

The Mexican government confirmed that eight of the victims identified so far were Mexican citizens, not unexpected considering the city of El Paso and surrounding communities of El Paso County, Texas are about 83 percent Latino.

Add to that the number of shoppers and workers from Mexico who legally cross the international border each day to shop, dine, work and visit family. The Walmart is part of a complex of retail outlets, with a Sam’s Club and the Cielo Vista mall next door. There is also a theater close by along with many restaurants and hotels.

Trump did say in the speech that he had sent his condolences to Mexican president Andrés Manuel López Obrador, because eight citizens from Mexico were among the dead. But he didn’t make specific mention of El Paso’s residents of Latino descent, who comprise the majority of the community.

Jeramey Maynard, 26, a local artist and restaurant manager, said Trump’s response has been largely political, exemplified by the president’s call to combine gun regulation reforms with immigration reform.

“He’s choosing his words without saying Hispanic or immigrant and making it about other things,” Maynard said. “He’s been having these racist comments. When it comes time to defend the community, of course we are not going to hear him say anything about the Hispanic community.”

Maynard added that he thought Trump “would paint it with the broadest brush he can. Why would he say something he thinks supports the Democratic Party?”

‘Target on our back’

Trump launched his 2016 election campaign with disparaging words, seen by many as racist, about people in the United States who have come from Mexico.

“When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems,” Trump said to a largely white crowd at Trump Tower in New York. “They’re bringing drugs, they’re bringing crime. They’re rapists and some, I assume, are good people …”

Some defended the president saying he was referring only to immigrants who commit crimes and not speaking of Latinos in the United States as a whole.

But then Trump went on to question the ability of a U.S. district court judge to be impartial because he is of Mexican descent.

Trump’s political rallies have often been filled with chants of “Build the Wall” in reference to his pledge to build a wall across the entire border and make Mexico pay for it.

He responded to the influx of Central Americans seeking asylum by separating children from their parents and allowing border officials to hold them in chain-link pens.

In the past several days, many Latinos have been vocal about what they see as a through line between the president’s rhetoric and the shooting in El Paso.

Rep. Veronica Escobar, a Democrat whose district includes El Paso, said she had hoped Trump would have apologized for his rhetoric, which she said put a target on the city’s back.

“I would encourage him to do that,” she said.

The city has seen stark evidence of fear that exists among families because of the Trump hardline on immigration, according to several residents.

Marisa Limón Garza, deputy director of the Hope Border Institute, said the organization fielded calls from families who were directly affected by the shootings and families who were looking for loved ones.

They were afraid to go to the hospital or to interact with police and border enforcement, who responded to the shooting.

“If you are undocumented or of a mixed status household, the last place you want to go is where there is a tremendous amount of police presence,” Limón Garza said. Immigrants often are part of families that may include a mix of citizens, legal residents and people without legal status.

Her organization has been working with families to help them get the help they need, but she said it is a daily occurrence for people without legal permission to be in the country to be afraid to go to the hospital.

“This is just another layer of psychological trauma that this community has to face when we have already been ground zero for so many other challenges,” she said.

‘The illness is racism and xenophobia’

The Congressional Hispanic Caucus pushed Trump to commit to no longer using “invasion“ to describe Hispanic communities, immigrants or refugees to the country.

The caucus also asked the Trump administration to “acknowledge the threat of white supremacy and domestic terrorism” and to “combat this state of emergency head-on” with federal resources.

Rep. Joaquín Castro, D-Texas, twin brother of presidential candidate Julián Castro, said in a statement that the caucus is grateful Trump addressed the El Paso and Dayton, Ohio, tragedies.

But he said, “this does not make up for the years of attacks by President Trump on Hispanic Americans and our immigrant communities.”

“During the president’s address, he blamed the Internet, news media , mental health and video games, among others … Unfortunately, he did not take responsibility for the xenophobic rhetoric that he has frequently used to demonize and dehumanize Hispanic Americans and immigrants over the past four years.”

But Limón Garza said the tragedy has not been confined to immigrants.

“Here in El Paso we are a community that is over 80 percent Latino and that means people that are immigrant themselves and then people who have been here for generations,” she said. “It’s clear it was not just a random attack. It’s clear that this cannot be called someone with a mental illness. This illness is racism and xenophobia.”

Follow NBC Latino on Facebook, Twitter and Instagram.

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Trump delivered a dishonest, divisive, and totally insincere condemnation of White Supremacy designed and delivered primarily to reassure his White Supremacist supporters that he’s really still on their side.

His ridiculously inappropriate upcoming visit to El Paso is a totally dishonest and divisive self-promotion stunt which all residents should either ignore or peacefully protest.

There is no human good, empathy, or redeeming quality in Donald Trump. Decent folks have to stop looking for that which doesn’t (and never did) exist and band together and use what remains of our Constitutional system to remove him from office before he destroys our country and everyone in it. It won’t be easy, but the lives of generations to come and the world’s future are at stake.

PWS

08-06-19

DON KERWIN OF CENTER FOR MIGRATION STUDIES (“CMS”) WITH A STATEMENT ON EL PASO SHOOTINGS: “Yesterday’s hate crime attacked this community, its perpetrator reportedly angered by the “Hispanic invasion of Texas” and seeking to prevent “cultural and ethnic replacement” in a region settled by Spanish speaking persons in the mid-17th century and by native peoples in 40 AD.”

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies
Statement of Donald Kerwin, Executive Director of the Center for Migration Studies, on the Shooting in El Paso
The violent attack yesterday in El Paso in which 22 people lost their lives and more than 24 others were injured evokes two starkly divergent views of El Paso, the first held by most of its residents and those who know it well, and the second championed by extremist politicians, media sources, and hate groups. The latter describe El Paso and other border communities as dangerous and crime-ridden places, victimized by “invaders” from undesirable countries.

Just five days ago, Beto O’Rourke outlined a different vision of this community, writing in The Hill that that El Paso might (instead) be considered the nation’s future Ellis Island; that is, a symbol of hope for the world. The Ellis Island language may have come from a 2012 gathering in El Paso of border residents (most from El Paso) from different sectors – public officials, law enforcement, faith communities, business people, the press, and others – who were offended by how their communities had been characterized in the national immigration debate and wanted to articulate a richer, more truthful narrative of their communities. “If nothing else,” they later wrote presciently, “we could all agree on this point. There is a prevailing narrative about the US border and it is false and it is dangerous to border communities.”

These border residents recognized the problems in their communities, some of which they attributed to ill-considered federal immigration enforcement policies and the vilification of immigrants.  El Pasoans have generously welcomed newcomers throughout their history, particularly in recent months. In a report published by the Border Network for Human Rights titled “The New Ellis Island: Visions from the Border for the Future of America,” they described El Paso as a safe, family-oriented, creative and culturally rich community that benefitted from its diversity and bi-national identity, and that could serve as a model for other American communities in an increasingly inter-connected world.

As Professor Josiah Heyman of the University of Texas in El Paso later wrote in the Journal on Migration and Human Security:

These border residents viewed their region as a set of human communities with rights, capacities, and valuable insights and knowledge … They saw the border region as the key transportation and brokerage zone of the emerging, integrated North American economy. In their view, the bilingual, bicultural, and binational skills that characterize border residents form part of a wider border culture that embraces diversity and engenders creativity. Under this vision the border region is not an empty enforcement zone, but is part of the national community and its residents should enjoy the same constitutional and human rights as other US residents.

They also enunciated a prophetic view of their communities:

We imagine a border that is no longer characterized by walls, migrant deaths, illegality, human and drug trafficking, and violence in all of its forms. We see a place of opportunity and encounter.  We see a place of pilgrimage where – like Ellis Island – residents and visitors can remember their family histories of crossing over, living as “strangers,” and struggling for a foothold in their new country. We imagine a region which, 50 years from today, serves as a symbol of hope for border communities throughout the world. We picture a border that crosses, but does not divide families and communities. We see a border of faith communities converted by their own core values and beliefs. We envision a gathering place for God’s scattered children, where residents and visitors in all their diversity can work together to build the human family. We hope, pray, and vow to work for such a border.

Yesterday’s hate crime attacked this community, its perpetrator reportedly angered by the “Hispanic invasion of Texas” and seeking to prevent “cultural and ethnic replacement” in a region settled by Spanish speaking persons in the mid-17th century and by native peoples in 40 AD.In a statement on the shootings, Bishop Mark J. Seitz of the Diocese of El Paso wrote:

Once again in our nation we see the face of evil. We see the effects of a mind possessed by hatred. We see the effects of the sinful and insipid conviction that some of us are better than others of us because of race, religion, language or nationality.

Bishop Seitz also lauded the borderlands for demonstrating to “the world that generosity, compassion and human dignity are more powerful than the forces of division.”

In announcing a faith vigil last night in response to the shooting, an inter-faith alliancewrote:

Today we stand in horror and shock at the devastating loss of life and heartless attack on our border community. Tomorrow we will mourn, dry tears, offer our sacrifice of prayer and brace ourselves for the work ahead. Because even now the borderlands will stick together and the borderlands will stand together.

As many have remarked, El Paso is a resilient and special American community, but has too long been the victim of hateful and dangerous rhetoric.  Its residents deserve the nation’s solidarity and respect, particularly at this sad time.

The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org or contact Emma Winters, CMS’s Communications Coordinator, at ewinters@cmsny.org.
Copyright © 2019 Center for Migration Studies, New York, All rights reserved.
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Thanks, Don, for your powerful and timely statement!

Interesting to compare the statements of a real leader like Don Kerwin, who exercises moral authority, with the vapid and disingenuous statements of immoral White Nationalist hate purveyors like Trump and most of his GOP stooges (including, of course, “Super Stooge” Mike Pence).

Trump might have yielded to his campaign advisers’ suggestions that he “cool it” until the bodies are buried. Since “ego is everything, and winning is ego” in Trump-land, he apparently deemed it worth the supreme sacrifice of knocking off the hate tweets and lie streams for a few hours.

But, I guarantee that it won’t be long before Trump is once again throwing around knowingly false racist narratives and “hate bombs” directed at migrants, Hispanic Americans, African Americans, other minorities, and Democrats, with the GOP looking the other way, nodding approval, or, in too many cases, actually joining in or attempting to defend the indefensible. This is a party whose sorry and cowardly actions and policies are inconsistent with the continuation of America as a democratic republic. It deserves to be voted out of existence and consigned to the “dustbin of history.” Whether or not that actually happens, and when, is ultimately up to the American voters.

PWS

08-05-19

 

LET’S KILL THE VULNERABLE SO THAT WE CAN LIVE UNSUSTAINABLE LIFESTYLES AS WE DESTROY THE UNIVERSE: Trump’s “Racist Materialism” & His Pandering To Right Wing Hate Groups Fuel Revival Of Eco Facism!

https://www.huffpost.com/entry/el-paso-shooting-manifesto_n_5d470564e4b0aca3411f60e6

Alexander C. Kaufman
Alexander C. Kaufman
Reporter, HuffPost

Alexander C. Kaufman reports in HuffPost:

A manifesto posted online shortly before Saturday’s massacre at a Walmart in El Paso that the suspected shooter may have written blamed immigrantsfor hastening the environmental destruction of the United States and proposed genocide as a pathway to ecological sustainability.

Filled with white nationalist diatribes against “race-mixing” and the “Hispanic invasion of Texas,” the manifesto highlights far-right extremists’ budding revival of eco-fascism.

Titled “The Inconvenient Truth,” an allusion to Al Gore’s landmark climate change documentary, the ranting four-page document appeared on the extremist forum 8chan shortly before the shooting. Authorities have yet to confirm whether Patrick Crusius, the 21-year-old Dallas-area white man arrested in connection with the shooting that left at least 20 dead, is the author.

“The environment is getting worse by the year,” the manifesto reads. “Most of y’all are just too stubborn to change your lifestyle. So the next logical step is to decrease the number of people in America using resources. If we can get rid of enough people, then our way of life can become more sustainable.”

HuffPost reviewed the document but, with consideration to the ethical concerns of broadcasting what might be a notoriety-seeking killer’s messaging, is not publishing a link to it.

The manifesto explicitly cites the 74-page message posted online by the gunman charged with killing 51 worshippers at two mosques in Christchurch, New Zealand, in March. That alleged shooter, Brenton Tarrant, a 28-year-old white Australian, thrice described himself as an “eco-fascist” motivated to repel waves of migrants fleeing climate change-ravaged regions of the world.

For years now, denial served as the extreme right’s de facto position on climate change. That is starting to change.

Just look, as Dissent magazine did in May, at this spring’s European elections. Following the European Green Party’s historic gains, the far-right Alternative for Germany’s youth wing in Berlin urged party leaders to abandon the “difficult to understand statement that mankind does not influence the climate,” an issue that moves “more people than we thought.”

 

In France, the far-right National Rally already took the message to heart. The party, led by Marine Le Pen, vowed to remakeEurope as “the world’s first ecological civilization” with a climate platform rooted in nationalism. Le Pen railed against “nomadic” people who “do not care about the environment” as “they have no homeland,” harkening to the Nazis’ “blood and soil” slogan that, as The Guardianput it, described a belief in a mystical connection between race and a particular territory. Under that logic, “borders are the environment’s greatest ally,” as a National Rally party spokesman said in April.

In the United States, 70% of Americans recognize the climate is warming, and 57% understand humans’ emissions are the cause, Yale Program on Climate Change Communication polling shows. Republicans, long the only major political party in the developed world to outright reject climate science, are inching away from denialism but have yet to rally around a popular policy proposal.

“Someday Republicans are going to have to come up with some proposals that are responsive to these issues and, frankly, be more reasonable and more thoughtful,” Scott Jennings, a Republican consultant and a former campaign adviser to Senate Majority Leader Mitch McConnell (R-Ky.), told The New York Times last week.

More than 65 million people are displaced worldwide right now, marking ― depending on how you count it ― the highest number of refugees in history. Climate change is forecast to inflame the crisis. Catastrophic weather forced 24 million people to flee home per year since 2008, according to the Internal Displacement Monitoring Centre, the Swiss-based international organization. By 2050, that number could hit anywhere from 140 million to 300 million to 1 billion. Drought, rising seas and violent storms could compel upward of 143 million people to leave sub-Saharan Africa, South Asia and Latin America alone by the middle of the century, the World Bank estimated last year.

If we can get rid of enough people, then our way of life can become more sustainable.From a manifesto possibly written by the suspected El Paso gunman

Slashing global greenhouse gases and increasing aid to help poor countries close to the equator adapt is the obvious way to change that trajectory. The Green New Deal framework left-wing climate activists put forward late last year gained international popularity in part because its promise of good-paying jobs and meaningful work as a vehicle for wealth redistribution and ecological stability offers a powerful antidote to the toxic elixir of far-right prescriptions to social unrest.

But as planet-heating emissions continue surging and scientists’ projections grow more dire, eco-fascism is experiencing a revival in a subculture of far-right extremism online. It comes amid a rekindled interest in Ted Kaczynski, the convicted terrorist known as the Unabomber.

Kaczynski ― like his newfound online fandom, who often distinguish themselves with pine-tree emoji on social media ― subscribes to “lifeboat ethics.” The term, coined in the 1970s by the neoconservative ecologist Garrett Hardin, denotes the idea that “traditional humanitarian views of the ‘guilt-ridden,’ ‘conscience-stricken’ liberal” threatens the balance of nature. The belief traces its lineage back to 18th-century English philosopher Thomas Malthus, who theorized that population growth would eclipse the availability of resources to meet basic human needs without moral restraint or widespread disease, famine or war to thin the herd.

In September 2017, the white nationalist magazine American Renaissance asked its readers a question: “What does it mean for whites if climate change is real?” The bombastic essay wondered whether the “population explosion in the global south combined with climate change” demonstrated “the single greatest external threat to Western civilization” ― even “more serious than Islamic terrorism or Hispanic illegal immigration.”

“If continued global change makes the poor, non-white parts of the world even more unpleasant to live in than they are now, it will certainly drive more non-whites north,” Jared Taylor, the publication’s editor and an influential white nationalist, wrote in an email to the magazine Jewish Currents. “I make no apology for … urging white nations to muster the will to guard their borders and maintain white majorities.”

Two years later, white, male gunmen appear to be heeding his call.

 

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Why take prudent and constructive actions to save our planet when the “haves” (or “wannabe haves”) think that they can sustain their unsustainable lifestyles (for a little while longer) just by killing off the “have nots?”

PWS

09-04-19

 

 

THE VOICE OF REASON: ANGELINA JOLIE @ TIME ON WHY THE U.S. SHOULD NOT BE ABANDONING OUR TRADITIONAL HUMAN RIGHTS LEADERSHIP ROLE! — “It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.” — Advocates Independent Article I Immigration Court For Fair & Impartial Adjudication Of Asylum Claims!

https://apple.news/ARnAxuYYATOy78Bq8BYOy7g

Angelina Jolie
Angelina Jolie
Actress, Writer, Human Rights Advocate

Angelina Jolie writes in Time:

Angelina Jolie: The Crisis We Face at the Border Does Not Require Us to Choose Between Security and Humanity

Angelina Jolie

Jolie, a TIME contributing editor, is an Academy Award–winning actor and Special Envoy of the U.N. High Commissioner for Refugees

We Americans have been confronted by devastating images from our southern border and increasingly polarized views on how to address this untenable situation.

At times I wonder if we are retreating from the ideal of America as a country founded by and for brave, bold, freedom-seeking rebels, and becoming instead inward-looking and fearful.

I suspect many of us will refuse to retreat. We grew up in this beautiful, free country, in all its diversity. We know nothing good ever came of fear, and that our own history — including the shameful mistreatment of Native Americans — should incline us to humility and respect when considering the question of migration.

I’m not a lawyer, an asylum seeker, or one of the people working every day to protect our borders and run our immigration system. But I work with the UN Refugee Agency, which operates in 134 countries to protect and support many of the over 70 million people displaced by conflict and persecution.

We in America are starting to experience on our borders some of the pressures other nations have faced for years: countries like Turkey, Uganda and Sudan, which host 6 million refugees between them. Or Lebanon, where every sixth person is a refugee. Or Colombia, which is hosting over 1 million Venezuelans in a country slightly less than twice the size of Texas. There are lessons — and warnings — we can derive from the global refugee situation.

The first is that this is about more than just one border. Unless we address the factors forcing people to move, from war to economic desperation to climate change, we will face ever-growing human displacement. If you don’t address these problems at their source, you will always have people at your borders. People fleeing out of desperation will brave any obstacle in front of them.

Second, countries producing the migration or refugee flow have the greatest responsibility to take measures to protect their citizens and address the insecurity, corruption and violence causing people to flee. But assisting them with that task is in our interest. Former senior military figures urge the restoration of U.S. aid to Honduras, Guatemala and El Salvador, arguing that helping to build the rule of law, respect for human rights and stability is the only way to create alternatives to migration. The UN Refugee Agency is calling for an urgent summit of governments in the Americas to address the displacement crisis. These seem logical, overdue steps. Our development assistance to other countries is not a bargaining chip, it is an investment in our long-term security. Showing leadership and working with other countries is a measure of strength, not a sign of weakness.

Third, we have a vital interest in upholding international laws and standards on asylum and protection. It is troubling to see our country backing away from these, while expecting other countries, who are hosting millions of refugees and asylum seekers, to adhere to a stricter code. If we go down this path, we risk a race to the bottom and far greater chaos. An international rules-based system brings order. Breaking international standards only encourages more rule-breaking.

Fourth, the legal experts I meet suggest there are ways of making the immigration system function much more effectively, fairly and humanely. For instance, by resourcing the immigration courts to address the enormous backlog of cases built up over years. They argue this would help enable prompt determination of who legally qualifies for protection and who does not, and at the same time disincentivize anyone inclined to misuse the asylum system for economic or other reasons. The American Bar Association and other legal scholars and associations are calling for immigration court to be made independent and free from external influence, so that cases can be fairly, efficiently and impartially decided under the law.

There are also proven models of working with legal firms to provide pro-bono legal assistance to unaccompanied children in the immigration system without increasing the burden on the U.S. taxpayer. Expanding these kinds of initiative would help to ensure that vulnerable children don’t have to represent themselves in court, and improve the effectiveness, fairness and speed of immigration proceedings. Approximately 65% of children in the U.S. immigration system still face court without an attorney.

We all want our borders to be secure and our laws to be upheld, but it is not true that we face a choice between security and our humanity: between sealing our country off and turning our back to the world on the one hand, or having open borders on the other. The best way of protecting our security is by upholding our values and addressing the roots of this crisis. We can be fearless, generous and open-minded in seeking solutions.

TIME Ideas hosts the world’s leading voices, providing commentary on events in news, society, and culture. We welcome outside contributions. Opinions expressed do not necessarily reflect the views of TIME editors.

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Wow!  Great thoughts on how caring people might actually help to constructively address human migration issues rather than cruelly making them worse through “malicious incompetence.”

It’s painfully clear that we have the wrong “celebrity” leading our nation. But, Jolie wasn’t on the ballot (not will she be). Nevertheless, in a saner and more law-abiding Government, there should be a place for ideas and leadership from Jolie and others like her.

HISTORICAL NOTE: If my memory serves me correctly, Angelina Jolie once appeared before my esteemed retired colleague U.S. Immigration Judge M. Christopher Grant, as an expert witness in an asylum case before the Arlington Immigration Court.

PWS

08-02-19