"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
There’s a simple question here: Do you believe in America or not?
Throughout its history, the country has accepted waves of mostly low-skilled immigrants — German, Irish, Italian, Eastern European, now Latino. There are highly skilled immigrants, too; African newcomers, for example, are better-educated than the U.S. population as a whole, and an estimated 63 percent of people holding “computer and mathematical” jobs in Silicon Valley are foreign-born. But most immigrants over the years have arrived bearing not much more than grit, ambition and a dream.
Does an influx of workers with entry-level skills tend to depress wages? That’s the wrong question. Instead, we should be asking why the federal minimum wage is so low as to be almost irrelevant.
And we should recognize that immigration gives the United States a tremendous competitive advantage. In other advanced countries, populations are aging rapidly. Immigration provides a steady stream of younger workers whose brain and brawn keep programs such as Medicare and Social Security viable.
The only coherent — if despicable — arguments for Trump’s plan are racial and cultural. The way they used to put it in the Jim Crow days was succinct: White is right.”
The results are just as clear as in the German case. Between 2014 and 2016 the counties that embrace diversity accounted for 72 percent of the nation’s increased economic output and two-thirds of the new jobs. The approximately 85 percent of counties that support restrictionists like Donald Trump accounted for a measly 28 percent of the growth.
Republicans’ problem is that since George W. Bush left town they’ve become the East Germans of the 21st century. They have embraced a cultural model that produces low growth and low dynamism. No wonder they want to erect a wall.
Progressives say Republicans oppose immigration because of bigotry. But it’s not that simple. It’s more accurate to say restrictionists are stuck in a mono-cultural system that undermines their own values: industry, faithfulness and self-discipline. Of course they react with defensive animosity to the immigrants who out-hustle and out-build them. You’d react negatively, too, if confronted with people who are better versions of what you wish you were yourself.”
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You can can read the complete versions of both op-eds, which I highly recommend, at the above links.
Yup!
When you’re coming from the same places as Jim Crow and the East Germans, there is no acceptable “rational basis” for the restrictionist agenda. It’s bad for America as well as for immigrants. But, it’s difficult or impossible to make rational arguments against deeply held, factually incorrect, irrational beliefs, particularly those based on racial, economic, cultural, and class bias. That’s probably why rational “immigration reform” has been, and remains, so difficult to achieve.
And, having seen thousands of migrants and their families come before me at the Arlington Immigration Court over the years, gotten to know many of their stories, and having represented immigrants, entrepreneurs, and businesses during my time in private practice, there is no doubt that Brooks is right: they “out-hustle and out-build” many of those “native-born” Americans who despise and look down on them.
And, it’s not just the doctors, professors, and top execs — folks who pound nails, lay foundations, make food, sweep floors, put on roofs , and pick our produce are also performing essential services that keep our country going — and, in many if not all cases, doing it better than the rest of us could or would.Really, how long would YOU last picking lettuce or laying shingles on a 100 degree day? And, how GOOD would you really be at it? There is more “skill” to so-called “unskilled” work than most of us in the “privileged classes” want to admit!
“Senator Chuck Schumer (R-N.Y.) has dismissed the White House’s new Framework on Immigration Reform & Border security as a “wish list” for hard-liners. According to Schumer, Trump is using protection for Deferred Action for Childhood Arrivals program (DACA) participants as “a tool to tear apart our legal immigration system and adopt the wish list that anti-immigration hardliners have advocated for years.”
But Schumer’s own DACA proposal, which he put together as part of the Gang of Six, was just as unacceptable to Trump as Trump’s current proposal is to Schumer.
Schumer rejected Trump’s previous proposal, which was to establish a program for the 690,000 DACA participants that would continue their temporary legal status, and proposed a legalization program for a couple of million Dreamers. Moreover, he offered Trump just $1.591 billion for building a wall, which is only a small fraction of the amount he needs; and did not meaningfully address his chain migration concerns.That was not the first time Schumer has advocated a position he knew would be rejected. Four years ago, he moved his immigration reform bill, S.744, through the Senate despite the fact that it was opposed by 70 percent of the Senate Republicans. It was dead on arrival in the Republican controlled House.
. . . .
This does not have to be an “either or” situation. The visas currently given to extended family members could be transitioned to a merit-based point system that would give extra credit for family ties to a citizen or LPR. Under such a system, aliens who have family ties would be chosen ahead of aliens with similar qualifications who do not have family ties.”
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Go on over to The Hill at the above link to read Nolan’s complete analysis!
Seems like an idea worth exploring, particularly since current negotiations appear to be running up against a “brick wall.” No, it won’t resolve all of the outstanding issues. But trying to work the concepts of “merit and family” into one system could be a starting point. After all, it’s hard to argue that “family” doesn’t have “merit” — both for the individuals involved and for the U.S.
From right, Rene Bermudez wipes away tears as he holds his 4-year-old daughter Danyca during a protest on behalf of his wife Liliana Cruz Mendez on May 23.
Jim Watson/AFP/Getty Images
“Donald Trump hasn’t created the massive “deportation force” he promised as a candidate for president. But he has done the next best thing—boosting, bolstering, and unleashing the Immigration and Customs Enforcement agency, giving it broad authority to act at its own discretion. The result? An empowered and authoritarian agency that operates with impunity, whose chief attribute is unapologetic cruelty.
Under President Obama, who ramped up immigration enforcement even as he sought to protect large categories of unauthorized immigrants from deportation, ICE was a controversial agency whose practices came under heavy scrutiny from activists and some fellow Democrats. But in the year since Trump’s election, ICE has become something far more sinister: a draconian force for harassing and detaining people who pose no threat to the United States or its citizens.
And in keeping with one of President Trump’s first executive orders, which drastically expanded who the federal government considered a priority for deportation, the most striking aspect of ICE under this administration has been its refusal to distinguish between law-abiding immigrants, whose undocumented status obscures their integration into American life, and those with active criminal records—the “bad hombres” of the president’s rhetoric.
Erasing that distinction is how we get the arrest and detention of Lukasz Niec, a Polish immigrant and green card holder who was brought to the United States as a young child. Last week, ICE agents arrested Niec at his home in Michigan, citing two misdemeanor convictions for offenses that were committed when he was a teenager, according to the Washington Post. Although one of the convictions had been scrubbed from his record, it can still be used to remove him from the country. A practicing physician, Niec now sits in a county jail, awaiting possible deportation.
Niec’s standing as an affluent professional makes him an unusual case. More typical is the plight of Jorge Garcia, a 30-year resident of the United States who was recently deported to Mexico after his arrest by ICE. Married with two American-born children, Garcia was brought to the country as a child. He was working to secure legal status when, following Trump’s election, he was ordered to leave the country. In a statement to CBS News, ICE explained that anyone violating immigration laws “may be subject to immigration arrest, detention and … removal from the United States.” Despite its ability to exercise discretion, ICE has opted for an indiscriminate approach to immigration enforcement, arresting and detaining unauthorized residents regardless of whether they pose a threat to the public.
In its drive to remove as many undocumented residents as possible, ICE has begun deporting immigrants who make routine check-ins to their offices, even if those people are simply awaiting visas or green cards that would allow them to stay. Vice News recounts the story of Andre Browne, a Barbados native married to an American citizen. At a recent check-in with ICE agents, he was “arrested and forced to surrender all personal belongings.” He was jailed and now faces deportation. Similarly, in Virginia, a mother of two, Liliana Cruz Mendez, was detained following her regular check-in with immigration officials. Her offense? A traffic misdemeanor.
ICE’s tactics can have life-changing effects, even when its targets are spared deportation. The New Yorker tells of Alejandra Ruiz, brought to the United States as an infant. Last March, she was arrested by ICE agents citing a deportation order issued when she was a toddler. She was shackled and sent to an immigrant-detention facility operated by a private-prison firm. Ruiz was eventually released—she had filed a motion to reopen her childhood case for asylum—but it came at the cost of her livelihood: She lost her job as a senior care worker.
In addition to these activities, ICE is ramping up its mass raids in an effort to spread paranoia and uncertainty in cities with large undocumented populations. The agency is deliberately targeting these “sanctuary cities,” hoping to compel cooperation with their newly aggressive enforcement operations. This is all part of a larger strategy to create an atmosphere of fear and desperation for unauthorized immigrants. It’s behind President Trump’s decision to rescind Deferred Action for Childhood Arrivals and end deportation protections for immigrants from Haiti and El Salvador. Vox’s Dara Lind describes it as “a combination of policy and messaging to keep the threat of deportation hanging over immigrants’ heads” meant to make sure “they don’t get too comfortable here because they could be taken at any minute.”
Anti-immigration hard-liners describe these incidents in the bloodless language of “immigration enforcement,” but that obscures the violence and trauma of what’s happening on the ground: ICE is whisking people away to jails or private prisons and then exiling them from their homes and communities with little chance of recourse or recompense. And the pace is only increasing. While the overall number of “border removals”—those caught trying to cross the border—dropped last year, as a result of economic trends and Trump’s hard-line policies, the proportion of “interior removals” undertaken by ICE increased. Most deportations still involve immigrants from a handful of Latin American countries, but “[t]he number of deportees from other nations rose 24 percent in Trump’s first year,” reports NPR.
The administration is still hoping to increase those efforts. A proposal released by the White House last week asked Congress to grant additional funds to hire more ICE agents as part of an overall increase in “border security” that would be effectively traded for a path to citizenship for more than 1 million Dreamers.
It will be up to Democrats to block those additional funds and, perhaps, to build a broader case against ICE and its tactics. Some high-profile Democrats, like Sen. Kamala Harris of California, have already publicly condemned the agency. “ICE raids across the country have torn mothers apart from their children. The raids lack transparency, spread fear, and harm public safety,” she said last year in a Facebook post. More recently, following a report that ICE was planning raids in retaliation to a new California law limiting cooperation between local law enforcement and federal immigration authorities, Harris said that such raids would be “an abhorrent abuse of power.”
Given the extent to which Democrats have helped build the architecture for today’s ICE, Harris’ statements—as well as similar ones by House Minority Leader Nancy Pelosi—may mark the beginning of a new and needed skepticism toward the agency. And if so, then the logic of their critique doesn’t just point toward reform—it points toward a fundamental rethinking of immigration enforcement and a move away from the authoritarianism of ICE as it exists.
What the country needs, in other words, is an honest discussion about whether ICE can be effectively reformed or if it must be abolished and replaced by an agency that can carry out its mission in a more effective and humane way.”
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Meanwhile, over in the Southern District of New York, U.S. District Judge Katherine B. Forrest had enough of ICE’s “Gonzo” tactics following the mindless arrest of immigration activist Ravi Ragbir. She blasted ICE’s actions in ordering Ragbir’s release to say good-bye to his family and wind up his affairs. Judge Forrest characterized ICE’s actions in detaining Ragbir as “unnecessarily cruel.”
Here is a copy of Judge Forrest’s order in Ragbir v Sessions:
Useless, counterproductive removals, waste of Government enforcement resources, irrationality, and unnecessary cruelty are, of course, at the heart of the Trump/Sessions/Miller immigration enforcement program. Certainly, the performance of ICE under Trump — not especially good at removing real criminals and threats or any other type of legitimate law enforcement — much better at busting minor offenders and law-abiding community members and sowing terror in ethnic communities — provides a compelling argument that DHS does not need any additional enforcement agents.
Indeed, I have hypothesized that what Trump, Sessions, Miller, and the White Nationalists are really doing is building the DHS into an internal security police force that will be used against all of those the Administration fears or views as opponents of their “Totalitarian-Wannabe State.”
In the meantime, arbitrary use of force and calculated unnecessary cruelty are likely to remain staples of the DHS under Trump. That’s why ICE is fast becoming American’s most loathed, mistrusted, and unprofessional police force. Bouie might well be right. Assuming that America recovers from the Trump regime, unfortunately not necessarily a given, ICE might well need to be abolished and “replaced by an agency that can carry out its mission in a more effective and humane way.”
C.J.L.G. v. Sessions, 9th Cir., 01-29-18, published
PANEL: Consuelo M. Callahan and John B. Owens,
Circuit Judges, and David A. Faber,* District Judge.
* The Honorable David A. Faber, United States District Judge for the Southern District of West Virginia, sitting by designation.
OPINION BY: Judge Callahan
CONCURRING OPINION: Judge Owens
SUMMARY BY COURT STAFF:
“The panel denied C.J.L.G.’s petition for review of a Board of Immigration Appeals decision, holding that neither the Due Process Clause nor the Immigration & Nationality Act creates a categorical right to court-appointed counsel at government expense for alien minors, and concluding that the Board’s denial of asylum, withholding of removal, and relief under the Convention against Torture was supported by substantial evidence.
The panel held that it is not established law that alien minors are categorically entitled to government-funded, court-appointed counsel and, applying the three-part test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), held that C.J. had not shown a necessity for such counsel to safeguard his due process right to a full and fair hearing.
The panel incorporated its analysis of C.J.’s asylum claim into its Mathews analysis in determining that C.J. was not prejudiced by any procedural deficiencies in his proceeding. The panel concluded that the record compelled a finding that C.J. had a well-founded fear of persecution based on threats he received from the Mara gang when he resisted their recruitment efforts, but rejected C.J.’s asylum claim because he had not established that the threats had a nexus to a protected ground, or that the government was unable or unwilling to control the Maras. The panel deemed waived any argument that he was denied due process on his withholding and CAT claims, but noted that his withholding claim would also fail.
The panel also rejected C.J.’s argument that the INA’s fair hearing provision, § 1229a(b)(4)(B), implicitly requires court-appointed counsel at government expense for all alien minors.
The panel further held that the IJ was not required to inform C.J. that he might be eligible for Special Immigrant Juvenile status, concluding that the IJ’s duty to inform aliens of “apparent eligibility” for relief was not triggered because, at the time of his removal proceeding, C.J. did not have a state court order that could have made him apparently eligible for SIJ status.
Finally, the panel concluded that the agency’s denial of CAT relief was supported by substantial evidence. The panel concluded that 1) the Board did not err in concluding that C.J.’s experience of having a member of the Maras put a gun to his head did not amount to “severe pain or suffering;” 2) there was no showing that the Honduran government acquiesced in the act; and 3) the record did not compel the conclusion that the government either turned a blind eye to the Maras’ threats or that it would be unable or unwilling to control the Maras in the future.
Concurring, Judge Owens wrote that the majority’s opinion does not hold, or even discuss, whether the Due Process Clause mandates counsel for unaccompanied minors, and observed that that is a different question that could lead to a different answer.
** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.”
KEY QUOTE FROM MAJORITY:
“We are mindful that our decision means that, absent a reprieve offered by the government, C.J. will likely be returned to a country in turmoil. We sympathize with his personal plight, as C.J. appears to have displayed courage in the face of serious adversity. But while “our hearts are with [C.J.],” the law does not support his requested relief. Cf. Dugard v. United States, 835 F.3d 915, 917 (9th Cir. 2016). Neither Supreme Court nor circuit precedent compels the remedy that C.J. seeks: court-appointed counsel at government expense. And to the extent the IJ failed to provide all the trappings of a full and fair hearing, any shortcomings did not prejudice the outcome because the IJ adequately developed the record on issues that are dispositive to C.J.’s claims for relief. Attorney representation could not have altered this reality, which forecloses C.J.’s claim to an implied right to court-appointed counsel under the Due Process Clause. Moreover, the INA itself neither provides for nor implies a right to court-appointed counsel at government expense.
We further hold that the IJ was not required to advise C.J. of a separate state court process that could ultimately form the predicate for C.J.’s application for SIJ status with the IJ. The IJ is only required to advise an alien of relief for which he is “apparent[ly] eligib[le].” Because C.J.’s claimed relief—SIJ status—depends on a state court making certain findings before an IJ may grant him such relief—something that has not occurred here—C.J. is not “apparent[ly] eligib[le]” for SIJ status.
Finally, we decline to reverse the Board’s denial of C.J.’s asylum, withholding of removal, and CAT claims, because substantial evidence supports the Board’s determination that he is ineligible for any such relief.”
CONCURRING OPINION BY JUDGE OWENS:
“I concur in the majority opinion and its narrow scope. It holds that the Due Process Clause does not mandate government-funded counsel for C.J.L.G, an accompanied minor. The opinion does not hold, or even discuss, whether the Due Process Clause mandates counsel for unaccompanied minors. That is a different question that could lead to a different answer. See, e.g., Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18, 31–32 (1981) (holding that whether the Due Process Clause requires the appointment of counsel is considered on a case-by-case basis); J.E.F.M. v. Lynch, 837 F.3d 1026, 1039–41 (9th Cir. 2016) (McKeown, J., jjoined by M. Smith, J., specially concurring) (outlining unique challenges that unrepresented unaccompanied minors in immigration proceedings confront).”
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BOTTOM LINE: This kid should join the gang in Honduras to save his life (and the lives of his family), or they should all die. We really don’t care as long as he doesn’t darken our door!
We’re willing to send this teen back to death or a life of forced gang membership after a hearing that none of us, and probably no American citizen, would consider fair or just if it were applied to us or someone we cared about. The key here is not to care about human lives.
It would be easy enough to define “those who resist gang membership” as a “particular social group” entitled to protection under our asylum and related laws. We have just intentionally chosen not to do so to avoid having to give protection to kids like this.
We also have ample authority to exercise Executive discretion to allow individuals in danger in their home countries to remain here in safety even if they don’t satisfy the technical requirements for asylum or withholding of removal. We have just chosen not to do so.
Contrary to the majority’s holding, a lawyer, particularly one who could find “expert” evidence or testimony probably could have secured protection for this young man under the Convention Against Torture (“CAT”). The latest State Department Country Report shows that gang torture is reported in Honduras, that the government and the justice system are inherently corrupt and incompetent, and that criminal justice system often fails to protect citizens.
While perhaps “well-meaning,” Judge Owens concurring opinion suggesting a different result for a “truly unaccompanied” minor is highly disingenuous. From the record, it appears that this kid’s mother was barely literate, (not surprisingly) didn’t understand asylum law, and couldn’t even fill out his application coherently in English. Her lack of understanding that the case depended on (counterintuitively) proving something “other than pure gang recruitment” was at work here actually appears to have undermined his case.If clearly incompetent “assistance” by a lay person like this like this is the dividing line between “due process” and “no due process,” that would be an absurd result!
The panel basically shirks its duty by conferring upon the trial judge, the U.S. Immigration Judge, the responsibility of acting as the unrepresented child’s attorney and developing the record. But, this runs directly counter to the most recent “OPPM” from the Chief Immigration Judge “reminding” Immigration Judges to “maintain neutrality” and not be too helpful to unrepresented minors as they are being railroaded out of the country.
The “Trump/Sessions Deportation Railroad” is up and running. At least this panel of Article III Judges in the 9th Circuit appear anxious to establish themselves as “Just Another Whistle Stop on the Deportation Railroad.”
The blood of this young man and others like him who come seeking protection, only to find rejection based on a twisted hyper-legalistic reading of our laws and an abdication of moral responsibility to protect those in harm’s way will be on our hands as a nation. At some point it will stain. At some point, the stain will become indelible.
As a national policy, telling kids in the Northern Triangle that they have no choice but to join gangs or die is not likely to “solve” the “gang problem” here or there in the short or long run. Essentially, we’ve already demonstrated that. But, nobody is paying attention.
“Exclusive: Bipartisan House group unveils new DACA proposal
By Tal Kopan, CNN
A bipartisan group of lawmakers in the House are unveiling Monday their proposal to resolve the immigration standoff in Washington, even as the White House has offered a more conservative plan.
The group of 48 lawmakers, split evenly by party, are calling for their immigration-border security outline to be included in a budget deal that has evaded congressional leadership for months because of the impasse on immigration and other issues.
The Problem Solvers Caucus has worked since last fall to come up with a solution on the Deferred Action for Childhood Arrivals program, which protected young undocumented immigrants who came to the US as children from deportation and which President Donald Trump decided in September to terminate by March 5.
The Problem Solvers proposal resembles an offer from a bipartisan Senate group led by Sens. Lindsey Graham, R-South Carolina, and Dick Durbin, D-Illinois, which was rejected by Trump and has been declared dead in the Senate by GOP leadership.
The White House, meanwhile, last week unveiled its own proposal that would offer a pathway to citizenship for nearly 2 million undocumented immigrants but contains a number of other sweeping immigration changes that met instant resistance from the left.
It’s unclear why the Problem Solvers Caucus proposal would have more success than the Durbin-Graham proposal, but the bipartisan group has been negotiating for months in the hope that if enough rank-and-file members can show consensus across the aisle, it could pick up steam with leadership as an option as funding talks continue without success, and provide a counterpoint to hardline bills pushed by more conservative House Republicans.
After months of rhetoric and negotiations on immigration with the parties barely any closer to each other, the reality is beginning to dawn that there may be no deal to be had.
Stakeholders working toward a deal on the Deferred Action for Childhood Arrivals program, likely including border security, are not giving up hope. But the White House’s and some Republicans’ insistence on adding new restrictions to legal immigration and the left’s opposition could be an insurmountable gap.
The White House on Thursday released its proposed framework for a deal on DACA, a program that protected young undocumented immigrants who came to the US as children that President Donald Trump is terminating as of March 5 but pushing lawmakers to replace.
The proposal did have some concessions to Democrats, including a path to citizenship for an estimated 1.8 million undocumented immigrants, but also included aggressive cuts to legal immigration and a push for enhanced enforcement powers, along with upwards of $25 billion for a wall and other border security. The framework also ends family migration beyond spouses and minor children and abolishes the diversity visa lottery.
The proposal was panned by the left and the right. Groups who support restricting immigration slammed it as “amnesty.” Democratic lawmakers and immigration advocates rejected it as a “massive, cruel and family-punishing overhaul of our current legal immigration system,” as New Jersey’s Sen. Bob Menendez phrased it.
The framework, plus Trump’s earlier rejection of an offer from Senate Minority Leader Chuck Schumer to authorize upwards of $20 billion for a wall and a vulgar rejection of a bipartisan proposal from the Senate “Gang of Six,” could mean that the only option left is a temporary extension of DACA with no future certainty. Some lawmakers have even started mentioning the latter option.
For now a permanent solution for DACA is “dead,” said Leon Fresco, an immigration attorney who led immigration negotiations for Schumer in 2013.
“Thursday pretty much lined it up as the final verdict,” Fresco said. “When Trump proposed something that in orthodoxy was not possible in the Democrat world and got criticized by the right, that was the end of the deal, because how can Trump agree to something more liberal now? … For both sides, the deal is completely unacceptable, so that’s what makes this very complicated.”
One longtime lobbyist on the issue, Randel Johnson, who recently left the US Chamber of Commerce to join the law firm Seyfarth Shaw as a partner, wasn’t quite ready to give up but did acknowledge that neither side may be able to come far enough toward the other to reach a deal.
“I think the danger is both sides begin posturing to their respective bases and both sides will walk away earning brownie points with their bases and get nothing done,” Johnson said.”
In my career, I’ve seen these things “spring back to life.” But given the tortured history of DACA and the White Nationalist agenda driving the GOP restrictionists, I don ‘t see this as being one those times.
I also can’t see the Dems threatening another Government shutdown on this issue.
The “Wildcard” here, at least for the current “Dreamers:” What the Supremes and, perhaps, the lower Federal Courts do with the DACA litigation.
“WASHINGTON — A secret, highly contentious Republican memo reveals that Deputy Attorney General Rod J. Rosenstein approved an application to extend surveillance of a former Trump campaign associate shortly after taking office last spring, according to three people familiar with it.
The renewal shows that the Justice Department under President Trump saw reason to believe that the associate, Carter Page, was acting as a Russian agent. But the reference to Mr. Rosenstein’s actions in the memo — a much-disputed document that paints the investigation into Russian election meddling as tainted from the start — indicates that Republicans may be moving to seize on his role as they seek to undermine the inquiry.
The memo’s primary contention is that F.B.I. and Justice Department officials failed to adequately explain to an intelligence court judge in initially seeking a warrant for surveillance of Mr. Page that they were relying in part on research by an investigator, Christopher Steele, that had been financed by the Democratic National Committee and Hillary Clinton’s presidential campaign.
Democrats who have read the document say Republicans have cherry-picked facts to create a misleading and dangerous narrative. But in their efforts to discredit the inquiry, Republicans could potentially use Mr. Rosenstein’s decision to approve the renewal to suggest that he failed to properly vet a highly sensitive application for a warrant to spy on Mr. Page, who served as a Trump foreign policy adviser until September 2016.
A handful of senior Justice Department officials can approve an application to the secret surveillance court, but in practice that responsibility often falls to the deputy attorney general. No information has publicly emerged that the Justice Department or the F.B.I. did anything improper while seeking the surveillance warrant involving Mr. Page.
Mr. Trump has long been mistrustful of Mr. Rosenstein, the Justice Department’s No. 2 official, who appointed the special counsel, Robert S. Mueller III, and now oversees his investigation into Mr. Trump’s campaign and possible obstruction of justice by the president. Mr. Trump considered firing Mr. Rosenstein last summer. Instead, he ordered Mr. Mueller to be fired, then backed down after the White House counsel refused to carry out the order, The New York Times reported last week.
Mr. Trump is now again telling associates that he is frustrated with Mr. Rosenstein, according to one official familiar with the conversations.
It is difficult to judge whether Republicans’ criticism of the surveillance has merit. Although House members have been allowed to view the Republican memo in a secure setting, both that memo and a Democratic one in rebuttal remain shrouded in secrecy. And the applications to obtain and renew the warrant from the Foreign Intelligence Surveillance Court are even more closely held. Only a small handful of members of Congress and staff members have reviewed them.
Republicans on the House Intelligence Committee, whose staff wrote the memo, could vote as early as Monday, using an obscure House rule, to effectively declassify its contents and make it available to the public. Mr. Trump would have five days to try to block their effort, potentially setting up a high-stakes standoff between the president and his Justice Department, which opposes its immediate release.
The White House has made clear to the Justice Department in recent days that it wants the Republican memo to be made public. Asked about the issue on CBS’s “Face the Nation” on Sunday, Marc Short, the White House’s head of legislative affairs, said that if the memo outlined serious concerns, “the American people should know that.”
But Stephen E. Boyd, an assistant attorney general, warned in a letter last week to the committee’s chairman, Representative Devin Nunes of California, that it would be “extraordinarily reckless” to release a memo drawing on classified information without official review and pleaded with the committee to consult the Justice Department. He said the department was “unaware of any wrongdoing related to the FISA process.”
To obtain the warrant involving Mr. Page, the government needed to show probable cause that he was acting as an agent of Russia. Once investigators get approval from the Justice Department for a warrant, prosecutors take it to a surveillance court judge, who decides whether to approve it.
A Justice Department spokeswoman declined to comment, and a spokesman for Mr. Nunes did not reply to requests for comment. The people familiar with the contents of the memo spoke on the condition of anonymity because the details remained secret.
A White House spokesman, Hogan Gidley, said in a statement: “The president has been clear publicly and privately that he wants absolute transparency throughout this process. Based on numerous news reports, top officials at the F.B.I. have engaged in conduct that shows bias against President Trump and bias for Hillary Clinton. While President Trump has the utmost respect and support for the rank-and-file members of the F.B.I., the anti-Trump bias at the top levels that appear to have existed is troubling.”
Mr. Page, a former Moscow-based investment banker who later founded an investment company in New York, had been on the F.B.I.’s radar for years. In 2013, an investigation revealed that a Russian spy had tried to recruit him. Mr. Page was never charged with any wrongdoing, and he denied that he would ever have cooperated with Russian intelligence officials.
But a trip Mr. Page took to Russia in July 2016 while working on Mr. Trump’s campaign caught the bureau’s attention again, and American law enforcement officials began conducting surveillance on him in the fall of 2016, shortly after he left the campaign. It is unclear what they learned about Mr. Page between then and when they sought the order’s renewal roughly six months later. It is also unknown whether the surveillance court granted the extension.
The renewal effort came in the late spring, sometime after the Senate confirmed Mr. Rosenstein as the Justice Department’s No. 2 official in late April. Around that time, following Mr. Trump’s firing of James B. Comey as F.B.I. director in May, Mr. Rosenstein appointed Mr. Mueller, a former head of the bureau, to take over the department’s Russia investigation. Mr. Rosenstein is overseeing the inquiry because Attorney General Jeff Sessions has recused himself.
Sean Hannity, the Fox News host, who is close to Mr. Trump and House Republicans, signaled interest in Mr. Rosenstein this month as news of the memo’s existence first circulated, asking on air if Mr. Rosenstein had played a role in extending the surveillance. “I’m very interested about Rod Rosenstein in all of this,” he said.
In a speech on Friday in Norfolk, Va., Mr. Sessions appeared to wade into the debate. Without mentioning the Republican memo, he said that federal investigations must be free of bias, and that he would not condone “a culture of defensiveness.” While unfair criticism should be rebutted, he added, “it can never be that this department conceals errors when they occur.”
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Man, “Ol’ Vladi P” must wake up with an ear-to-ear grin every single morning! How could it get any better for him!
First, notwithstanding a solid year of totally unpresidential performance, moronic Tweets, intentional divisiveness, blatant lies, wanton environmental destruction, attacks on American’s health, kleptocracy, overt promotion of income inequality, and abandonment of American world leadership, about one-third of American voters love having a puppet (even an evil and incompetent one) for a President!Sometimes in the former “Soviet Satellites” that the old KGB-man loved so much, the “chosen one” never, ever got to that support level!
And, as if that’s not enough, Vladi’s “GOP Fellow Travelers” are busy tearing down the fabric of the American justice system and at the same time insuring that nobody will ever get to the bottom of Vladi’s well-documented attempts to “tank” the American electoral system and the several already-documented (formerly) secret contacts between officials of the Trump campaign and Vladi’s chosen Russian agents.
“Wow,” Vladi’s thinking, “all my predecessors spent all that time, money, and trouble ‘weaponizing,’ building up our military, overthrowing pro-American governments, infiltrating, starting wars in third countries, and supporting terrorists. But, I’ve gotten all of this from the dumb Yanks pretty much for free — just the investment in some basic hacking equipment that most high school kids could have developed in the basement, a few juicy rumors about “HRC,” and some rubles converted to dollars to underwrite some fake “consulting contracts” and I’ve got these guys destroying American democracy and world leadership without me lifting a finger or firing a shot! I’m a genius,” thinks Vladi!
Leaving the question, if Vladi’s a “genius” what does that make us, our elected puppet President, and his enablers?
“Message to Republicans: You can be pro-growth. You can be anti-immigration. But, honestly, you can’t be both.
Now, within the immigration debate, there are a lot of questions with no obvious right answers.
What’s the right balance of immigrants admitted for their skills and those allowed in because they have relatives here?
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How much effort should be devoted to tracking down the undocumented, and how much to punishing companies that hire them?
What should we do about the millions of immigrants who came here illegally a decade or more ago and have become established members of their communities?
And — what is the right number of legal immigrants every year from now on?
Big, complicated questions — which is why Congress shouldn’t try to solve them all between now and Feb. 8, its self-imposed deadline for resolving the issue of the “dreamers.” In the few days that remain, the best it could do would be to, well, resolve the issue of the dreamers — the undocumented immigrants who were brought here as young children through no fault of their own, who obey the law and who go to school or work or serve in the military.
They are American in all but legal status. Give them a path to citizenship, as President Trump has proposed. Give Trump the money for his wall (until he gets that check from Mexico). Punt on the big, complicated questions, something Congress certainly knows how to do. Everyone declares victory, and the government doesn’t shut down.
Of course, that would leave us still facing the big questions. Ideally, Congress would schedule a serious debate on them for the spring. Ideally, it would be conducted in a constructive spirit — acknowledging, for example, that reasonable people can disagree on skills vs. family.
But ideally, also, it would also be conducted with an understanding that those who favor a drastic, absolute drop in the level of immigration, as many Republicans do, would be making a choice about America’s future.
They would be turning us into Japan.
Now, to be clear, Japan is a wondrous nation, with an ancient, complex culture, welcoming people, innovative industry — a great deal to teach the world.
But Japan also is a country that admits few immigrants — and, as a result, it is an aging, shrinking nation. By 2030, more than half the country will be over age 50. By 2050 there will be more than three times as many old people (65 and over) as children (14 and under). Already, deaths substantially outnumber births. Its population of 127 million is forecast to shrink by a third over the next half-century.
Japan is a pioneer and an extreme version of where much of the First World is headed as longevity increases and fertility declines. The likely consequences are slower economic growth, reduced innovation, labor shortages and huge pressure on pensions. If you think our entitlement politics are fraught, think about this: In Japan in 2050, the old-age dependency ratio — the number of people 65 and over as a percentage of the number who are 15 to 64 — is projected to be 71.2 percent.
The comparable figure for the United States is 36.4 percent, up from 25.7 percent in 2020. Still high, but if it proves manageable, we will have immigration to thank. America still attracts dynamic, hard-working people from around the world, and they and their offspring help keep our population and our economy growing, as recent Pew Research Center and International Monetary Fund papers explain.
The wave of immigration over the past half-century also has changed the face of the nation, reducing the share of the white population from what it would have been and increasing the share of Asians and Hispanics. It’s not surprising that some people find this disorienting.
But as so often with such debates, perceptions lag reality. Nearly half (48 percent) of immigrants these days have college degrees, as a fact sheet from the Migration Policy Institute last year showed. A quarter of technology company start-ups between 2008 and 2012 included at least one foreign-born founder. As incomes and education levels rise around the world, in other words, the skills mix of U.S. immigration is already changing, without any changes in our laws.
Here’s the bottom line: I think we should remain open to immigrants because it’s part of who we are as a nation, because every generation of newcomers — even, or maybe especially, the ones who come with nothing but moxie and a tolerance for risk — has enriched and improved us.
But you don’t have to buy into any of that Statue of Liberty stuff to favor immigration, because naked self-interest leads to the very same conclusion. A vote to choke off immigration is a vote for stagnation and decline.”
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Hiatt clearly “gets it!”
But, maybe the GOP restrictionists do too. Their opposition to legal immigration is grounded in racism, White Nationalism, and xenophobia — none of which have anything to do with rationality, facts, the common good, or even “enlightened self-interest.”
Therefore, neither an appeal to “who we are as a nation” nor “naked self-interest” is likely to change their highly emotional, but essentially irrational anti-immigrant views.
“IMMIGRATION AND CUSTOMS Enforcement, the federal agency whose deportation agents have been unshackled by the Trump administration, has intensified its efforts to such a degree that cruelty now seems no impediment to its enforcement decisions, and common sense appears to play a diminishing role.
Recent months have brought news of one senseless detention and deportation after another. From all appearances, the agency seems to have embraced the idea that it is just to sunder established families and separate immigrant parents from their U.S.-born children — even in cases involving garden-variety technical violations of immigration rules.
Yes, the Obama administration also deported some longtime residents who had committed no serious offenses, but its deportation efforts were focused on criminals. By contrast, detentions of immigrants with no criminal records more than doubled in the first year of President Trump’s administration — to 13,600 in 2017 from 5,498 in 2016. Evidently seized by a vainglorious notion of its mission, ICE too often discounts basic decency as a guiding tenet.
How else to explain the detention and imminent deportation of a 27-year-old Ohio man, arrested for driving without a license, who is the only means of financial support, and one of just two trained medical caregivers, for a 6-year-old paraplegic boy (who also happens to be a U.S. citizen)? How else to explain the deportation of a construction worker in Michigan, the father of 10- and 3-year-old U.S.-born boys, who provided critical help to police in Detroit in their investigation of a shooting?
How else to explain the airport arrest and deportation of a 22-year-old female college student from Spain, visiting the United States for a vacation at the invitation of a librarian at Oregon State University, on grounds that she would give Spanish lessons to the librarian’s young son for a few weeks — work for which she lacked the right visa? How else to explain the deportation of a 39-year-old landscaper living in the Detroit suburbs, a father and husband of U.S. citizens, who had lived in the United States since age 10 and whose record was so unblemished that it didn’t even feature a traffic violation? How else to explain the Israeli undergraduate at the University of California at San Diego, a “dreamer” studying legally in the United States, who was detained upon trying to cross back into the United States minutes after his roommate made a wrong turn on the highway, unintentionally driving into Mexico?
In its boilerplate communiques, the agency defends its actions by insisting that it prioritizes bona fide threats to national security and public safety but exempts no category of “removable alien” from enforcement. Which raises a question: Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”
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In answer to the Post’s question: YES, thanks exactly what has been happening in America since the very beginning of the Trump regime — starting with the “Muslim Ban” and continuing with a consistent White Supremecist agenda! Many of us have been saying that all along!
We already have the “New American Gulag” — expanded “civil” immigration detention in substandard, potentially even deadly conditions, in obscure “out of sight, out of mind” locations. There, individuals, many deserving legal protection from the US under our laws, are denied fair access to counsel and railroaded out of the country in what essentially are “mock court” hearings conducted by “judges” controlled by notorious White Nationalist Jeff “Gono Apocalypto” Sessions.
Sessions and his minions encourage the judges to view individuals in removal proceedings as “production numbers, possible fraudsters, and potential terrorists,” rather than as vulnerable human beings deserving of fairness, respect, and due process.
To complement the “New American Gulag,” we now have the “New American Gestapo,” headed by Acting Chief ICEMAN Tom Homan. It’s an internal police force that operates without rules, rhyme, reason, or humanity — in other words arbitrary “Gonzo” enforcement intended to terrorize ethnic (primarily Latino) communities.
And, in case you haven’t read about it, ICE now has the capacity to electronically track the whereabouts and driving patterns of every license plate in America —- including YOURS! Of course they say that they will only use it for “legitimate” law Enforcement purposes.
But, for the “New American Gestapo” everything is “legitimate” — boundaries on law enforcement conduct and misconduct went out the widow when the Trumpsters crawled in. Remember, Gonzo essentially told local police forces he really didn’t care what they were doing to the civil rights of African-Americans and other minorities as long as they were enforcing the law and bringing crime rates down!
This is why ICE is well on its way to becoming the most hated, distrusted, and least respected police force in America.
Had enough of the Trump Administation’s trampling on Constitutional rights, civil rights, human rights, and just plain old human decency in America! Join the resistance!
The “New Due Process Army” (“NDPA”) is out there every day fighting for the Due Process and the legal rights of everyone in America and standing up against the excesses of the Trump Administration. Join their effort today!
“. . . . So why don’t people correct these misconceptions? One reason is that people are loath to scrutinize statements that confirm what they already believe. People are particularly receptive to believe statements from trusted sources (the departments of Justice and Homeland Security, if not the president). If people already believe that immigrants pose a threat, they are unlikely to probe whether the White House is phrasing its statistics appropriately.
Confusing the inverse probabilities of terrorist acts and foreign-born individuals is not merely an academic issue. Proponents of restrictive immigration polices continue to use fear-based, inverse fallacy tactics. During the recent government shutdown, Trump released an ad promising to “fix our border and keep our families safe,” adding, “Democrats who stand in our way will be complicit in every murder committed by illegal immigrants.”
Citing that “3 in 4” terrorists are foreign born implies, erroneously, that excluding the foreign born would substantially reduce a large threat to this country. But at what cost? How many of the 41 million lives of immigrants and refugees should be ruined to further reduce an already minuscule threat? Let’s not use statistical lies to destroy lives.”
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Read the complete article at the link.
Under “Gonzo” the DOJ has become one of the leading purveyors of false, distorted, or otherwise misrepresented data to promote White Nationalism and unfairly target immigrants and ethnic groups. He couldn’t even get his story straight before Congress. There is good reason to disbelieve or be skeptical of everything coming out of Gonzo’s mouth and the DOJ.
And, it’s not just my observation. Gonzo consistently fails “Fact Checker” analyses on his pejorative statements about immigration and law enforcement. He’s just “not credible.” That”s a major problem for him, the DOJ, and our country.
“The defining moment of Jeff Sessions’s time as attorney general has been when he recused himself from oversight of the Russia investigation. That quickly led to the appointment of special counsel Robert S. Mueller III, who is now extensively probing President Trump. And by all accounts, it seriously strained Sessions’s relationship with Trump, who thinks Sessions should be protecting him and doing his bidding.
But there are increasing signs that Sessions has indeed done plenty of Trump’s bidding behind closed doors. And he’s done it on some dicey and very politically tinged issues — so much so that he made Trump’s second FBI director deeply uncomfortable with the whole thing.
The Post’s Devlin Barrett and Philip Rucker report that Sessions has pressured FBI Director Christopher A. Wray to get rid of his deputy Andrew McCabe, a holdover from James B. Comey’s FBI and favorite target for Republicans alleging bias in federal law enforcement. Some have reported that Wray even threatened to resign; The Post is reporting that he did not explicitly do so.
Here’s the meat of it all:
Sessions, Republican lawmakers and some members of the Trump administration have argued for weeks that Wray should conduct some kind of housecleaning by demoting or reassigning senior aides to his predecessor, Comey, according to people familiar with the matter. These people added that Sessions himself is under tremendous political pressure from conservative lawmakers and White House officials who have complained that the bureaucracy of federal law enforcement is biased against the president.
Trump has made no secret of his distaste for McCabe, even tweeting about it repeatedly after McCabe announced last month that he would soon retire, when he becomes eligible for full pension benefits. Trump’s tweets date back to the summer and have focused on McCabe’s wife’s run for the Virginia state legislature as a Democrat and ties to Hillary Clinton.
. . . .
In other words, Trump has publicly stated his preference for Sessions to try to get rid of McCabe, and he has suggested Wray do it as well. Now we find out Sessions did indeed attempt it, and Wray resisted it.
But it’s only the latest evidence that Sessions and his Justice Department are taking specific actions that Trump has publicly urged, even as they, in some cases, risk looking like they are in service to Trump’s political goals.
(Remarkably, Trump actually hit Sessions for his weak positions on both leakers and Clinton’s emails in the same tweet. The Justice Department now appears to be addressing both.)
The Post’s Josh Dawsey and Matt Zapotosky even reported last month that Sessions has engaged in an all-out campaign to regain Trump’s faith by pointing to things the Justice Department has done in service of Trump’s agenda. That’s a pretty remarkable state of affairs.
Some of these things are issues on which Sessions has clearly sided with Trump, especially the dangers of leakers. So it’s perhaps no surprise Sessions would pursue them. But the fact that Trump called for these actions before Sessions was reported to have taken them sure makes it look like he’s taking direction from Trump — or at least succumbing to pressure that Trump and others have brought to bear.
Sessions has also, notably, resisted that pressure at times. During congressional testimony in November, he very publicly shunned a Republican lawmaker’s conspiracy theory — one to which Trump has also alluded — about how the federal government may have colluded with Democrats to spy on Trump’s campaign. Sessions said the issue didn’t rise to the level of appointing a special counsel.
But the picture of what Sessions is doing behind the scenes is increasingly suggesting that Trump’s very public hints that his attorney general should do this or that have often resulted in those specific actions. And especially when it comes to things such as trying to force out McCabe or reportedly dig up dirt on Comey, it sure makes it look like Sessions is using his authorities to try to address Trump’s political aims.
And for an attorney general who leads the federal law enforcement that is currently investigating the president and his team, that’s a perception problem, at best.”
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Read Blake’s full article, complete with “Tweet Texts,” at the link.
Meanwhile “chatter” surrounding the DOJ credits Sessions for doing a “bang up” job of implementing his racist, White Nationalist agenda at Justice. Basically, according to some, he’s very effectively shifting the Government’s resources, focus, and litigating capacity to insuring that no element of White privilege or far-Right religious intolerance goes unprotected.
At the same time, he’s using basically bogus or at least highly misleading “statistics” to “rev up” racist fervor against immigrant, primarily Latino communities and Democratic local officials who won’t go along with his program of attempting to draw false connections between immigrants and crime and terrorism. Meanwhile, he essentially has consigned the rights of African-Americans, Latinos, Immigrants, Migrants, Women who seek abortions, and the LGBTQ community to the “trash-bin of Justice.” Many who care about the future of racial equality and social justice in America are concerned that this type of “deep damage” to our justice system can’t easily be undone or repaired, even after Sessions and his “wrecking crew” finally depart the “Halls of Injustice.”
Reportedly, Sessions has been ably assisted in his campaign “to take the justice out of Justice” by Associate Attorney General Rachel B. Brand, the “number three” person at Justice. Brand, a former Assistant Attorney General for the Office of Legal Policy under Bush II, DOJ “vet,” and apparent “true believer” in the Radical Right, maintains a much “lower profile” than the ever controversial Sessions. But, apparently she and those under her excel at undoing and “deconstructing” all of the “social justice” achievements of the Obama Administration.
Following the “Watergate Disaster” in the 1970, where the Nixon Administration’s blatant politicization of the DOJ became a national scandal, succeeding Administrations, in my view, more or less “backed off” of obvious political partisanship at the DOJ. But, as Watergate becomes a “mere tiny image in the rearview mirror,” that “tradition of restraint” has gradually eroded. Sounds to me like the “Watergate Era” has basically returned to the DOJ. This time, and quite sadly for our Constitutional system of Government and the U.S. Justice System, there is some doubt as to whether it will ever depart again.
“A few times a week, I visit the 7-Eleven in my mid–city neighborhood to pick up a six-pack or a bag of snacks. What I see there looks to me like a pretty pure portrait of America. The place is open all hours and it serves all kinds: Parents buying after-school snacks for their children, laborers getting cold drinks on hot afternoons, neighbors stopping in for a few items before the evening meal. A family from India owns the franchise — mother, father, son and daughter, all of whom work long hours in the store.
On Jan. 10, U.S. Customs and Immigration Enforcement agents descended on 98 7-Elevens in 17 states, including California. It was a show of force that must have played well with the president’s anti-immigrant base. Although my mid-city outpost wasn’t targeted, a store in Culver City and three in Koreatown were. ICE didn’t detain anyone in Los Angeles, but 21 workers suspected of being in the country illegally were arrested nationwide.
“Today’s actions,” declared acting ICE director Thomas D. Homan, “send a strong message to U.S. businesses that hire and employ an illegal work force: ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable.”
Oh, come on. The raids were nothing but political theater, intended to terrify the most vulnerable.
I’ll keep supporting my local 7-Eleven, and any other franchise that gets raided.
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According to news reports, 7-Eleven owners will be “audited” for immigration offenses, but such audits don’t require dramatic predawn raids and rarely result in successful prosecution anyway. Business owners have access to lawyers, and it’s hard to prove they knowingly hired undocumented workers. Workers, on the other hand, can be deported with little or no due process.
It’s not that 7-Eleven owners and the company’s corporate leadership are without their issues. During the Obama administration, several franchisees in New York and Virginia were indicted for running a scheme in which, according to then-Atty. Gen. Loretta Lynch, “immigrant workers were routinely forced, upon threat of job loss or deportation, to work upwards of 100 hours a week.”
Closer to home, a group of Southern California franchise owners sued 7-Eleven in 2014 for “aggressive and discriminatory” practices, which included taking away stores for minor violations and turning them over to new owners for higher fees. Late last year, the National Coalition of Associations of 7-Eleven Franchisees filed another suit in California alleging additional coercive attempts at corporate control.
Still, 7-Eleven stores have long offered a positive vehicle for immigrants — especially South Asians — to ascend into the middle class. Franchise costs are relatively affordable, and in 2013, the National Minority Franchising Initiative reported that 57% of the chain’s stores were minority-run. The result — as my neighborhood store illustrates — can be a vivid demonstration of the American dream.
It seems incredible to have to remind ourselves, at this point in the history of the Republic, that immigration and immigrants — with and without papers — are the backbone of the American economy. Again and again, research shows immigration’s net positive economic effect. “Immigrants, we get the job done,” Lin-Manuel-Miranda exults in the musical “Hamilton,” whose hero emigrated from the Caribbean island of Nevis on his way to helping found the United States.
Just two days before the 7-Eleven raids, the Trump administration announced it would do away with Temporary Protected Status for 200,000 Salvadorans in the U.S. — “part of what appears an effort …,” argued a Baltimore Sun editorial, “to go nationality-by-nationality to show the door to Latino and Latina immigrants, legal or illegal.”
The day after the raids, the president made his blatantly racist comments denigrating Haiti, El Salvador and countries in Africa while torpedoing a fix for the Deferred Action for Childhood Arrivals program.
That none of this is particularly surprising — the president, remember, kicked off his campaign by calling Mexicans criminals and rapists, then began his presidency with the Muslim “travel ban” — makes it no less troubling, especially in California, which is, as of Jan. 1, a sanctuary state. The California Values Act prevents police from asking about immigration status or cooperating with federal immigration authorities, with some exceptions. A related law allows employers to be prosecuted if, in state Atty. Gen. Xavier Becerra’s words, they “voluntarily start giving up information about … or access to their employees” without a warrant.
When Gov. Jerry Brown signed the laws, Homan responded that “ICE will have no choice but to conduct at-large arrests in local neighborhoods and at worksites, which will inevitably result in additional collateral arrests.”
We have every reason, then, to see the recent raids as a signal of what’s to come — ICE agents swooping down on restaurants, car washes, convenience stores and construction sites.
Indeed, the San Francisco Chronicle reported last week that “U.S. immigration officials have begun preparing for a major sweep in San Francisco and other Northern California cities in which federal officers would look to arrest more than 1,500 undocumented people while sending a message that immigration policy will be enforced in the sanctuary state.”
Theater again, although not for those who are arrested. For them, this is all too real.
I never thought going to a convenience store would become a political act, but here we are. I’ll keep supporting my local 7-Eleven, and any other franchise that gets raided. It would be un-American — or un-Californian — to do otherwise.
David L. Ulin is a contributing writer to Opinion.”
When your policies are based on latent racism and White Nationalism, common sense, economic reality, and human decency cease to matter. That’s why ICE is well on its way to becoming America’s most hated and least trusted police force. That’s going to be a problem for the ICEMEN long after Trump, Gonzo, and the White Nationalist Gang have been removed from power.
“In 2006, Arizona passed a ballot initiative that barred students without legal immigration status from receiving in-state tuition rates at public universities and colleges.
Dulce Matuz, an electrical-engineering major at Arizona State, ran to find her professor.
Bursting into tears, she told him something she had only ever shared with her closest friends. She was undocumented.
“It felt good to tell my story,” she told the Guardian this week. “It was like a weight had been lifted.”
The law meant Matuz would have to pay the out-of-state tuition rate, which she could not afford. But the next day, her professor gave her a flier advertising scholarships for “people in your situation”.
Matuz had thought she was the only undocumented student on one of the largest campuses in the country. She was wrong.
At an informational meeting, she met dozens of young people with stories similar to hers. Their discussion grew into a statewide coalition, the students rallying with organizations across the US to declare themselves “undocumented and unafraid”.
One by one they shed their anonymity, in effect daring law enforcement to target them.
It was a risky move, especially in a state which was then a cauldron of anti-immigrant sentiment. But the students weren’t alone. Thousands of young immigrants came forward to demand a future in the country where they were raised. Each had a name and a story.
Collectively, they are known as Dreamers, young people without immigration status who were brought to the US as children. Over the last decade, they’ve gone from the “shadows” to the center stage of US politics, and their fate now dangles before an irascible president and a gridlocked Congress.
‘Trump Dreamers’
In September, Donald Trump ended Deferred Action for Childhood Arrivals (Daca), an Obama-era program that lifted the threat of deportation for Dreamers.
The administration argued that Obama had overstepped his authority. But Trump did give Dreamers a six-month grace period and called on Congress to pass legislation.
“If the Dreamers are able to lead a fight that results in a radical, nativist administration signing into law their freedom, it would be a testament only to how much moral and political power the Dreamers have built,” said Frank Sharry, a long-time advocate of immigration reform and executive director of America’s Voice.
Conservatives suggest Trump is uniquely qualified to succeed where predecessors have failed, to achieve immigration reform, precisely because of his credibility among fierce opponents of illegal immigration.
At a meeting earlier this month, for example, Trump promised to “take the heat” if Republicans passed legislation.
“President Obama tried and couldn’t fix immigration, President Bush tried and couldn’t do it,” said Senator Lindsey Graham, a Republican from South Carolina who is pushing bipartisan immigration reform.
Timeline
Donald Trump and Dreamers: a timeline of mixed messages
“I believe President Trump can. Today’s Daca recipients can be tomorrow’s Trump Dreamers.”
Polling has consistently shown that a large majority of Americans – 87% in one recent survey – support protections for Dreamers. But general anti-immigrant fervor has stalled efforts to pass legislation and conservatives remain divided over whether Dreamers should ever be allowed to be citizens.
Rounds of negotiations have yielded no solution, only a brief shutdown of the federal government during which Democrats tried to force lawmakers to extend legal status to the Dreamers.
Depending on the day, lawmakers and the president are either on the verge of striking a deal or as far apart as ever. Trump was elected after championing hard-line immigration policies but he has demanded both a “bill of love” and a border wall.
This week, the White House released a proposal that offered a pathway to citizenship for up to 1.8 million undocumented young people – in exchange for a $25bn “trust fund” for a border wall, a crackdown on undocumented migrants and changes to the migration system.
The offer did not go down well, either with Trump’s base or with progressives ranged against him. Immigration hardliners crowned Trump “Amnesty Don”. Advocates for reform rejected the offer as an attempt to seal America’s borders.
In a statement issued on Friday, Chris Murphy, a Connecticut senator, called the offer “a total non-starter” that “preyed on the worst kind of prejudice”, using Dreamers “as a bargaining chip to build a wall and rip thousands of families apart”.
Trump, meanwhile, tweeted that Daca reform had “been made increasingly difficult by the fact that [Senate minority leader] Cryin’ Chuck Schumer took such a beating over the shutdown that he is unable to act on immigration!”
Dreamers say the fight is only beginning.
Matuz became a US citizen in 2016, a decade after she “came out of the shadows”. But she still identifies strongly with her fellow Dreamers.
“We still haven’t achieved what we set out to achieve,” she said.
’They’re speaking up’
The Dreamer movement came of age during the Obama administration. But legislation to build a path to citizenship was introduced to Congress in 2001.
Two senators – Dick Durbin, an Illinois Democrat, and Orrin Hatch, a Utah Republican – introduced the first Dream Act in August that year, a month before 9/11.
But after the attacks, as concerns over national security and terrorism dominated public life, the immigration debate shifted sharply. The bill stalled. It was reintroduced several times, without success.
Nonetheless, the Dreamers continued to galvanize public support. They escalated their tactics, staging sit ins and actions that risked arrest.
“There was a time when they used to be very quiet,” Durbin said recently at a rally. “Not any more. They’re speaking up and we’re proud that they are.”
The Dreamers’ fight for citizenship, Durbin has said, is the “civil rights issue of our time”.
In December 2010, the Dream Act was brought to the floor. It failed again. In 2012, months before the presidential election, Barack Obama established Daca.
Recipients had to have entered the US before their 16th birthday, which means the oldest beneficiaries are now 35.
The most common age of entry to the US was three while the median age was six, according to a report by the Center for American Progress, a left-leaning think tank in Washington.
Quick guide
What is Daca and who are the Dreamers?
Eight hundred thousand people qualified, the vast majority of them Latino, according to data from US Citizenship and Immigration Services. Nearly 80% were born in Mexico.
The largest numbers of recipients now live in California and other border states such as Texas and Arizona. They are more likely than their ineligible counterparts to hold a college degree and a higher-skilled job, according to an analysis by the Migration Policy Institute.
“What you’re seeing in the Dreamers is a reflection of the American ideals,” said Daniel Garza, president of the conservative Libre Institute, a free-market Latino advocacy group founded by the Koch brothers.
“When one breathes freedom it manifests itself. And now that these kids have a shot at directing their own future or setting a path toward their own future, let’s remove those barriers and allow them that opportunity.”
‘I’m not alone’
Over the last several months, Dreamers have been in Washington, walking the halls of Congress.
They wear light orange shirts with a comic book POW! bubble with the words: “Clean Dream Act Now.”
They sleep on church floors and friends’ couches; a few missed final exams to join protests in December, when there was a flicker of hope that legislation might receive a vote.
Greisa Martínez Rosas, 29, has been among them, leading members in song at rallies on the lawn in front of the capitol building, in between meetings with members of Congress.
She was eight when she and her father staked out a spot on the Rio Grande river and crossed from Mexico into Texas. She laid seashells to mark the place. The next day, her family swam into the United States.
Profile
Who are the Dreamers?
Martínez Rosas grew up in a Hispanic neighborhood of Dallas and attended Texas A&M University. But the life she was building begin to unravel when her father was deported. Her mother died in 2016.
Fighting for a Dream Act has given her purpose, she said, and she is now advocacy and policy director at United We Dream, a national organization that campaigns for migrant rights. She has three younger sisters, one of them also undocumented.
“I am really lucky to be doing this,” she said. “It gives meaning to a lot of the pain and helps me deal with a lot of the trauma growing up undocumented.
“The reality is that I’m not alone. My story isn’t special. That’s why it’s so important that we wage this fight.”
The Dreamers rejected Trump’s latest proposal, even though it would allow a pathway to citizenship for more than twice the number of Daca recipients.
“We are not willing to accept an immigration deal that takes our country 10 steps back no matter how badly we want reprieve,” Martínez Rosas said. “That’s how much we love this country.”
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The problem isn’t the Dreamers. It’s the 13% of so of White Nationalist citizens who have forgotten their own immigrant heritage and have abandoned human decency, compassion, and common sense in the process. Unfortunately, this minority has, and continues to wield, a disproportionate share of political power.
“God loves the greedy and selfish, for they shall inherit the earth, the sun, the planets, and the entire universe.”
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WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING!
Forget the wall, Trump’s plan would reshape US legal immigration dramatically
By: Tal Kopan, CNN
The eye-popping numbers of potential new citizens and billions for border security got most of the attention when President Donald Trump’s immigration proposal landed Thursday.
But while the noise about the “amnesty” for “wall” trade was the loudest, it obscured what actually would be a much more difficult fight: the President’s proposed sweeping changes to the immigration system.
The Trump administration briefed reporters and supporters on its proposal Thursday: offering a pathway to citizenship for an estimated 1.8 million undocumented immigrants who came to the US as children and asking for $25 billion for border security including infrastructure.
If that were all that was on the table, a deal might already be at hand. In fact, Democrats were mostly prepared to agree to such a proposal, which could have lined up some moderate Republicans as well.
But the deal also included two other “pillars,” as the White House has called them: family-based migration and the diversity visa lottery. In addition, the administration proposal included a number of “legal loopholes” it wants to close in the border security pillar beyond physical security — a repackaged effort to expand federal immigration authorities.
Taken together, those efforts would amount to a dramatic reshaping of the legal immigration system — one that will be far more complicated to negotiate on Capitol Hill.
Senate Majority Whip John Cornyn of Texas agreed Thursday before the White House announcement that the elements of the deal beyond pure border security were arguably more complicated.
“I think they probably are,” he said, adding that with more understanding he thought they could be negotiable.
Democratic Sen. Tim Kaine of Virginia, who is part of a bipartisan Senate group working to find common ground on the issue, had said earlier Thursday that while a full border wall is not acceptable, a major investment in border security is.
“I trust big investment. I’ve voted for that already,” Kaine said. “When you can patrol a border better with drones and sensors, the wall may not be the best way. But that we would make a big investment in it? The Dems are there already.”
GOP Sen. Mike Rounds of South Dakota said the issue of family migration comes up if the undocumented population covered by the bill is granted citizenship — and that leads down a difficult road.
“if you do that, you have to address the issue of chain migration, and that’s where it becomes a lot more complicated. So we’ve got our work cut out for us,” Rounds said upon leaving the morning bipartisan meeting.
Thorny proposals
The White House proposal would limit family sponsorship to spouses and minor children, eliminating a number of existing categories including adult children, both married and unmarried; parents of adult US citizens; and siblings of adult US citizens. Experts have estimated that cutting these categories would reduce the roughly 1 million green cards given out yearly by 25% to 50%.
At first, the Trump proposal would use the green cards from the eliminated categories — plus the 50,000 from the eliminated diversity visa lottery — to work through a backlog of millions of people waiting in a line upward of 30 years long for their green cards. The bill does extend an olive branch to the left in not making the cuts retroactive — meaning anyone already in line would still be eligible. Groups on the right are outraged that the plan would mean potentially 10 to 20 years before cuts to immigration begin.
But Democrats are unlikely to accept such a sweeping cut in legal immigration at all. And cutting the diversity visa lottery is not as straightforward as some believe — especially to members of the Congressional Black Caucus and other affinity caucuses, who are vocal about the importance of immigration from lesser represented countries.
And the framework includes vague references to closing “legal loopholes,” as a White House official put it on a briefing call, as part of the border security pillar — perhaps one of the biggest poison pills of the deal.
The White House released only a top-line overview of what it was seeking — what it characterized as “closing the loopholes” to more easily detain and deport immigrants. But a document obtained by CNN that goes into more detail, which the Department of Homeland Security has been providing to lawmakers in meetings, and the descriptions released by the White House suggest it will pursue aggressive changes.
In addressing “catch-and-release,” as the White House put it, the framework could allow detaining individuals indefinitely as they await deportation for months and years — something that has been curtailed as the result of constitutional concerns from courts. The proposals could also vastly expand the definitions of criminal offenses that could subject an individual to deportation.
All the efforts to more aggressively deport and reject undocumented immigrants could be anathema to Democrats and some moderate Republicans.
“I am a lot less interested in things that have the effect of distorting family relationships or splitting up families, and border security is less likely to do that,” said Democrat Michael Bennet of Colorado, who has long pursued an immigration compromise.
“It’s crazy,” said Democratic Sen. Cory Booker of New Jersey. “This is not an easy negotiation, but we should move on the things we all agree on.”
Support for a simpler deal
The realities of trying to sort through the complicated issues the White House is looking to attach to a deal on the expiring Deferred Action for Childhood Arrivals program are leading lawmakers on both sides of the aisle to suggest paring down the negotiations to just two pillars: DACA and physical border security.
“We all need to understand that there are two things that are critical,” Sen. Heidi Heitkamp, a North Dakota Democrat, said as she was leaving the bipartisan group. “Dealing with the Dreamers, because we’re up against (a) March deadline, and dealing with border security. We all agree we need border security. We need more definitional work done on border security.”
Kaine agreed, saying there’s a need to be realistic.
“There’s all kinds of issues I want to fix, I just think it’s probably going to be easier to start with the two pillars,” he said.
Republican Sen. Lamar Alexander of Tennessee, one of the leading forces in the bipartisan group, was also vocal about a narrow approach.
“We don’t have to solve the entire problem of legal immigration in this bill,” Alexander told CNN. “All we really have to do is focus on the young people who were brought here illegally through no fault of their own, and border security. Sometimes taking small steps in the right direction is a good way to get where you want to go.”
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Here’s my “Quick & Dirty” Analysis:
I’ve been saying all along that Dreamers for Wall is the logical trade. Yes, money gets wasted; but unlike the rest of the GOP White Nationalist proposal, nothing gets broken, nobody gets hurt. And Trump gets to gloat about his “signature item.”
I’m just not sure it would pass the House where the GOP’s White Nationalist/Bakuninist Block is strong and Paul (“Spine-Free”) Ryan has never shown an inclination to stand up to them.
It’s possible that a “Skinny Dreamers” (protection w/o citizenship) could work for now, with the Dems figuring that they will fix things for the Dreamers when they are next in power.
But, what do I know about such things? I’m just a retired Judge.
“At his inauguration, President Trump promised to renew the unity of the American people, claiming that “through our loyalty to our country, we will rediscover our loyalty to each other.” Then, Trump seemed intent on creating a reborn civic and social consciousness, and on empowering ordinary people against big government and big money.
And yet, Trump’s administration has ushered in a virulently antisocial politics that dissolves the most basic bonds and leaves individuals powerless against both market and state. Trump, like many populists of the right, gained a foothold by promising that a resurgent nationalism could make people feel cohesive, trusting and strong again. But like his right-leaning populist predecessors, he has offered only the imaginary bonds of nationalism — the illusion of fellow-feeling and homogeneity — even as his policies destroy the real and foundational bonds of family and community in the arenas of health care, immigration, labor and more.
. . . . In its amicus brief in support of unions, the U.S. Conference of Catholic Bishops points out that the destruction of unions based on the loose interpretation of money as speech will render workers weaker than ever before. “Ironically then,” the bishops observe, “a misguided effort to protect one individual from government coercion would leave only individuals to stand against government (or economic) coercion.”
If only that world were really so far away. In reality, it is already here. What unites workfare, the annihilation of DACA and the war on unions is a totalizing individualism — the belief that people are essentially isolated individuals. That we are alone before we are together. That we are more and not less ourselves in total isolation. From that view flow policies that disregard or deny that people are, in fact, embedded in families, communities and industries, and that their bonds and obligations are powerful and ought to be respected and protected by the state. No politics issuing from that view can ever cultivate unity.
What Trump offered as an answer to the aching aloneness of Americans was nationalism, the exchange of an imagined community for actual ones, the promise of a mystic bond with people you’ll never meet even while the ones you know and love are deported, abandoned, dying. It was supposed to bring us together, supposed to make us strong. But his policies stand to leave us more alone than we’ve ever been, and in our solitude, weak.
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Read the rest of Elizabeth’s op-ed at the link.
First, it was Mexicans, Muslims, and undocumented workers. Then came Legal Immigrants, Latinos, African-Americans, LGBTQ individuals, demonstrators, the sick, the poor, women seeking to exercise their constitutional right to abortion, unionists, Liberals, and Democrats. Don’t see YOUR GROUP on the “hit list.” Just wait. It keeps expanding, Folks like Trump and his White Nationalist buddies can’t live without an “enemy of the day” to rally their “base.”
When the GOP White Nationalists decide that YOU no longer fit their image of America, who will be left to stand up for YOUR rights. Harm to the most vulnerable members of our community, and failure to stand up for them, harms and ultimately diminishes the humanity of all of us. And, that’s how free societies are “deconstructed and destroyed.” Stand up for everyone’s rights! Just say no to Trump and his White Nationalist Cabal!
