“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

 

Catherine writes @ WashPost:

 

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

 

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

Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

 

PWS

11-15-19

 

 

MICHAEL GERSON @ WASHPOST: THE “TRULY TRUMPIAN MEN” SYMBOLIZE THE GOP’S DESCENT INTO WHITE NATIONALISM AND DISHONESTY:  “Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/stephen-miller-and-jim-jordan-give-us-a-taste-of-the-truly-trumpian-man/2019/11/14/e187e8b8-0725-11ea-b17d-8b867891d39d_story.html

Across the years of a presidential administration, the churn of politics and policy brings certain men and women to the top of U.S. politics. The past few days have demonstrated the paths to preferment and influence in the Trump years.

First is the case of Stephen Miller, a senior adviser to President Trump and the administration’s unofficial liaison to the alt-right world.

Miller is best known as the prime mover behind the Muslim travel ban and the main opponent of any political compromise involving compassion for Dream Act “dreamers.” Now, with the release of a trove of emails sent to Breitbart writers and editors in 2015 and 2016 (soon before Miller became a Trump administration official), we get a glimpse of Miller’s inspirations and motivations. In response to the massacre of nine black churchgoers by a white nationalist in 2015, Miller was offended that Amazon removed merchandise featuring the Confederate flag and was concerned about the vandalization of Confederate monuments. Miller encouraged attention at Breitbart to a “white genocide”-themed novel, featuring sexualized violence by refugees. He focused on crime and terrorism by nonwhites as the basis for draconian immigration restrictions. He complained about the “ridiculous statue of liberty myth” and mocked the “national religion” of “diversity.” He recommended and forwarded stories from a range of alt-right sources.

All this is evidence of a man marinated in prejudice. In most presidential administrations, a person with such opinions would be shown the White House exit. But most of Miller’s views — tenderness for the Confederacy, the exaggerated fear of interracial crime, the targeting of refugees for calumny and contempt — have been embraced publicly by the president. Trump could not fire his alt-right alter ego without indicting himself. Miller is safe in the shelter of his boss’s bigotry.

Second, there is Rep. Jim Jordan (R-Ohio), the tireless, tendentious, often bellowing chief defender of Trump during the impeachment hearings.

Jordan is not, of course, alone in his heroic sycophancy. GOP Reps. Devin Nunes (Calif.), Mark Meadows (N.C.) and others try to equal him. Together they update Alexander Pope: Fools rush in where Mick Mulvaney and Rudy Giuliani fear to tread.

But Jordan has mastered the art of talking utter rubbish in tones of utter conviction. His version of the events at the heart of the impeachment inquiry? Rather than committing corruption, Trump was fighting corruption. Military assistance was suspended, in Jordan’s telling, while the president was deciding whether Ukrainian President Volodymyr Zelensky was “legit” in his determination to oppose corruption. When Trump found that Zelensky was the “real deal,” the aid was released.

This is a bold but flimsy lie, of the type Trump has made common. Why, in this scenario, would Trump try to secure specific commitments from Zelensky to investigate former vice president Joe Biden and his son Hunter, and to examine Trump’s conspiracy theory about Ukrainian influence in the 2016 election? Are we supposed to believe that Trump employed these as random, theoretical examples of corruption that a worthy, crime-fighting leader would root out? And was the release of U.S. aid just two days after Congress was notified about the whistleblower report a coincidence as well?

Jordan asks us not to accept additional facts but to live in a substitute reality. Almost everyone who participated in these events — both professional staff and political appointees — has affirmed that Trump was employing leverage to secure his political objectives. It is the plain meaning of the reconstructed transcript of Trump’s call to Zelensky.

But none of this matters to Jordan or his colleagues. Consistency and coherence are beside the point. Their objective is not to convince the country; it is to maintain and motivate the base, and thus avoid Trump’s conviction in the Senate. The purpose is not to offer and answer arguments but to give partisans an alternative narrative. And the measure of Jordan’s success is not even the political health of his party (which is suffering from its association with Trump); it is the demonstrated fidelity to a single man.

The elevation of Trump to the presidency has given prominence to a certain kind of follower and permission for a certain set of social values. Bolsheviks once talked of creating the New Socialist Man. Miller and Jordan are giving us a taste of the Truly Trumpian Man — guided by bigotry, seized by conspiracy theories, dismissive of facts and truth, indifferent to ethics, contemptuous of institutional norms and ruthlessly dedicated to the success of a demagogue.

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

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

Let’s hear that again:

Every day of Trump’s term continues the moral deconstruction of the Republican Party and brings the further debasement of American politics.

Yup!

This also confirms what we already knew about Miller’s “role model,” his former boss and White Nationalist nativist “mentor’ Jeff  “Gonzo Apocalypto” Sessions. He’s someone who should have been disowned by the GOP ages ago and who has demonstrated “beyond a reasonable doubt” his total unfitness too hold public office!

PWS

11-15-19

U.S. MINISTER OF HATE! — As We Approach 75th Anniversary Of The End Of WWII, Our Taxpayer Dollars Are Paying For Neo-Nazi Stephen Miller To Spread His Vile Hitlerian Propaganda Of Racism & White Supremacy From The White House!  — “At various times, the SPLC reports, Miller recommendations for McHugh included the white nationalist website, VDare; Camp of the Saints, a racist novel focused on a ‘replacement’ of European whites by mass third-world immigration; conspiracy site Infowars; and Refugee Resettlement Watch, a fringe anti-immigrant site whose tagline is ‘They are changing America by changing the people’.”

https://www.theguardian.com/media/2019/nov/12/trump-adviser-stephen-miller-white-nationalist-agenda-breitbart?CMP=Share_iOSApp_Other

Jason Wilson
Jason Wilson
Writer
The Guardian

Jason Wilson reports for The Guardian:

Senior Trump adviser Stephen Miller shaped the 2016 election coverage of the hard right-wing website Breitbart with material drawn from prominent white nationalists, Islamophobes, and far-right websites, according to a new investigative report by the Southern Poverty Law Center (SPLC).

Miller also railed against those wishing to remove Confederate monuments and flags from public display in the wake of Dylann Roof’s murderous 2015 attack on a black church in Charleston, South Carolina, and praised America’s early 20th-century race-based, restrictionist immigration policies.

Emails from Miller to a former Breitbart writer, sent before and after he joined the Trump campaign, show Miller obsessively focused on injecting white nationalist-style talking points on race and crime, Confederate monuments, and Islam into the far-right website’s campaign coverage, the SPLC report says.

Miller, one of the few surviving initial appointees in the administration, has been credited with orchestrating Trump’s restrictionist immigration policies.

The SPLC story is based largely on emails provided by a former Breitbart writer, Katie McHugh. McHugh was fired by Breitbart over a series of anti-Muslim tweets and has since renounced the far right, telling the SPLC that the movement is “evil”.

However, throughout 2015 and 2016, as the Trump campaign progressed and she became an increasingly influential voice at Breitbart, McHugh told the SPLC that Miller urged her in a steady drumbeat of emails and phone calls to promote arguments from sources popular with far-right and white nationalist movements.

Miller’s emails had a “strikingly narrow” focus on race and immigration, according to the SPLC report.

At various times, the SPLC reports, Miller recommendations for McHugh included the white nationalist website, VDare; Camp of the Saints, a racist novel focused on a “replacement” of European whites by mass third-world immigration; conspiracy site Infowars; and Refugee Resettlement Watch, a fringe anti-immigrant site whose tagline is “They are changing America by changing the people”.

McHugh also says that in a phone call, Miller suggested that she promote an analysis of race and crime featured on the website of a white nationalist organization, American Renaissance. The American Renaissance article he mentioned was the subject of significant interest on the far right in 2015.

In the two weeks following the murder of nine people at a church in Charleston by the white supremacist Dylann Roof as Americans demanded the removal of Confederate statues and flags, Miller encouraged McHugh to turn the narrative back on leftists and Latinos.

“Should the cross be removed from immigrant communities, in light of the history of Spanish conquest?” he asked in one email on 24 June.

“When will the left be made to apologize for the blood on their hands supporting every commie regime since Stalin?” he asked in another the following day.

When another mass shooting happened in Oregon in October 2015, Miller wrote that the killer, Chris Harper-Mercer “is described as ‘mixed race’ and born in England. Any chance of piecing that profile together more, or will it all be covered up?”

Miller repeatedly brings up President Calvin Coolidge, who is revered among white nationalists for signing the 1924 Immigration Act which included racial quotas for immigration.

In one email, Miller remarks on a report about the beginning of Immigrant Heritage Month by writing: “This would seem a good opportunity to remind people about the heritage established by Calvin Coolidge, which covers four decades of the 20th century.” The four decades in question is the period between the passage of the Immigration Act and the abolition of racial quotas.

Miller also hints at conspiratorial explanations for the maintenance of current immigration policies. Mainstream coverage of the 50th anniversary of the removal of racial quotas in immigration policy had lacked detail, Miller believed, because “Elites can’t allow the people to see that their condition is not the product of events beyond their control, but the product of policy they foisted onto them.”.

Miller used a US government email address during the early part of the correspondence, when he was an aide to senator Jeff Sessions, and then announced his new job on the Trump campaign, and a new email address, to recipients including McHugh.

As well as McHugh, recipients of his emails included others then at Breitbart who subsequently worked in the Trump administration, including Steve Bannon and current Trump aide, Julia Hahn.

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

“The Worst Generation?”

Also, remember that Miller is an acolyte of shameless White Nationalist racist Jeff “Gonzo Apocalypto” Sessions. The latter was last seen groveling and pleading before Donald Trump in what hopefully for America will be a vain attempt to regain his Senate seat in Alabama. The country certainly has been enriched by not having this vile purveyor of racist lies, false narratives, and gratuitous cruelty on the national scene since Trump fired him. Nevertheless, his cruelty, illegal, and immoral actions during his tenure as Attorney General continue to destroy lives and haunt our nation. 

PWS

11-13-19

NIKKI HALEY:  How Ambitious Daughter Of Immigrants Became A Shill For White Nationalist, Xenophobic, Misogynistic Regime & Its Corrupt Leader — “All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/if-officials-believe-trump-is-a-danger-to-the-country-they-have-a-duty-to-say-so/2019/11/11/0541dc64-04bf-11ea-ac12-3325d49eacaa_story.html

Michael Gerson writes in the WashPost:

Nikki Haley used to be known as the other member of President Trump’s Cabinet who left with an intact reputation (in addition to former defense secretary Jim Mattis). In an administration more influenced by Recep Tayyip Erdogan than Ronald Reagan, the former U.S. ambassador to the United Nations often provided a more traditional rhetorical take on American foreign policy. Haley seemed genuinely to care about human rights and democracy, and to somehow get away with displaying such caring in public. Her confidence in national principles marked her as such a freakish exception that some speculated she might be the rogue, anti-Trump Trump official who wrote an anonymous op-ed in the New York Times.

But Trump’s corruption still pulls at a distance. Clearly convinced that Trumpism is here to stay, Haley has publicly turned against other officials in the administration who saw the president as a dangerous fool. She recounts an hour-long meeting with then-Chief of Staff John F. Kelly and then-Secretary of State Rex Tillerson, who “confided in me that when they resisted the president, they weren’t being insubordinate, they were trying to save the country.” The conspirators (in Haley’s telling) considered it a life-and-death matter. “This was how high the stakes were, he and Kelly told me. We are doing the best we can do to save the country, they said. We need you to work with us and help us do it.”

Haley, by her own account, refused to help. “Instead of saying that to me, they should’ve been saying that to the president, not asking me to join them on their sidebar plan,” she now explains. “It should’ve been, ‘Go tell the president what your differences are, and quit if you don’t like what he’s doing.’ But to undermine a president is really a very dangerous thing.”

Here Haley is confusing two categories. If a Cabinet member has a policy objection of sufficient seriousness, he or she should take that concern to the president. If the president then chooses against their position — and if implementing the decision would amount to a violation of conscience — an official should resign. Staying in office to undermine, say, a law or war you disapprove of would be a disturbing arrogation of presidential authority.

But there is an equally important moral priority to consider: If you are a national security official working for a malignant, infantile, impulsive, authoritarian wannabe, you need to stay in your job as long as you can to mitigate whatever damage you can — before the mad king tires of your sanity and fires you.

This paradox is one tragic outcome of Trumpism. It is generally a bad and dangerous idea for appointed officials to put their judgment above an elected official’s. And yet it would have been irresponsible for Mattis, Kelly, Tillerson and others not to follow their own judgments in cases where an incompetent, delusional or corrupt president was threatening the national interest.

Consider the case of former White House counsel Donald McGahn. According to the Mueller report, McGahn complained to then-Chief of Staff Reince Priebus that Trump was trying to get him to “do crazy s–t.” McGahn (thankfully) told investigators he ignored presidential orders he took to be illegal.

Or consider a negative illustration. When it came to pressuring Ukraine to investigate Joe Biden, the only morally mature adults in the room (and on the phone) were quite junior in rank. They expressed their concerns upward. But those above them — Secretary of State Mike Pompeo and acting chief of staff Mick Mulvaney — had learned the lesson about officials fired for an excess of conscience. They apparently looked the other way as a friendly country was squeezed for political reasons.

On the whole, I’m glad that responsible officials such as Kelly and Mattis stayed as long as they did to prevent damage to the country. But I also think they have a moral obligation to come out before the 2020 election and say what they know about Trump’s unfitness. If Biden is the nominee, they might even get together and endorse him. But, in any case, if they believe Trump is a danger to the national interest, they eventually have a duty to say something. Saving the country requires no less.

As for Haley, she has now signaled to Trump Republicans that she was not a part of the “deep state,” thus clearing away a barrier to ambition. All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.

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

Haley’s ridiculously disingenuous performance on Today when grilled by Savannah Guthrie about the facts was worthy of her new role model, “Don the Con.”

Although you wouldn’t know it from the sycophantic Haley, political appointees, including Cabinet Members, actually take an oath to uphold the Constitution of the U.S., not the President. They are also first and foremost public servants paid by the People, not personal retainers of Trump as Haley, Barr, Pompeo, and others have functioned. I’d actually put Kelly and Tillerson in that category too; they certainly made a mess out of things at DHS and State, respectively, by putting the President’s xenophobic political policies before the law and the public interest. 

And, if they in fact thought the President was endangering the U.S., they have kept it a secret after leaving. Compare these tawdry performances with those of the career public servants who have spoken out about Trump’s misdeeds even at the likely cost of their careers. And, unlike the stream of political appointees who have left in various stages of disgrace, they probably don’t have lucrative private sector jobs and/or fat book contracts awaiting them.

Expect Haley to “repackage herself” as a “powerful woman” and eventually as a Presidential candidate. She should be met with the same contempt as Kirstjen Nielsen and the few other GOP women who penetrated the Trump GOP’s “White Men Only Club” only to choose pandering to its corrupt leader over the welfare of our nation and advancement of humanity.

PWS

11-12-19

THE HATER-IN-CHIEF: “Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.”

https://www.washingtonpost.com/outlook/trump-has-spread-more-hatred-of-immigrants-than-any-american-in-history/2019/11/07/7e253236-ff54-11e9-8bab-0fc209e065a8_story.html

Professor Tyler Anbinder
Tyler Anbinder
Professor of History
George Washington University

Professor Tyler Anbinder writes in WashPost:

November 7, 2019 at 10:03 a.m. EST

President Trump insists that he harbors no prejudice against immigrants. “I love immigrants,” he told Telemundo in June. Indeed, Trump has married two immigrants — Ivana Zelníčková (from what is now the Czech Republic) and Melanija Knavs (born in what is now Slovenia). He does occasionally say something positive about an immigrant group, such as when he wondered why the United States couldn’t get more immigrants from Norway. But for the most part, Trump portrays immigrants as a threat or a menace, and he calls the largest segment of America’s newcomers — Latinos — “animals” and invaders.

As a historian who specializes in the study of anti-immigrant sentiment, I know that Trump is not the first president to denigrate newcomers to the country. But Trump has attacked and scapegoated immigrants in ways that previous presidents never have — and in the process, he has spread more fear, resentment and hatred of immigrants than any American in history.

Trump’s nativism is especially striking for its comprehensiveness. Over the centuries, nativists have leveled 10 main charges against immigrants: They bring crime; they import poverty; they spread disease; they don’t assimilate; they corrupt our politics; they steal our jobs; they cause our taxes to increase; they’re a security risk; their religion is incompatible with American values; they can never be “true Americans.”

Trump has made every one of these charges. No American president before him has publicly embraced the entire nativist worldview. A commander in chief who is also the nativist in chief has the potential to alter immigrants’ role in American society now and for generations to come.

There have, of course, been upsurges of nativism in previous eras, but presidents have rarely been the ones stoking the flames. President John Adams signed the Alien and Sedition Acts in 1798, which among other things nearly tripled the time immigrants had to wait before they could become citizens and vote, but his voluminous writings contain nary a word critical of immigrants.

Millard Fillmore, president at the height of the massive influx of Irish immigrants fleeing the Great Famine, remained silent during his administration on the social tensions these newcomers caused. Even in 1856, when the anti-Catholic, anti-immigrant American Party (popularly called the Know Nothing Party) nominated Fillmore to return to the White House, he and his surrogates eschewed attacks on immigrants and rebranded the party as a moderating force between proslavery Democrats and anti-slavery Republicans.

Congress has typically been the source of the greatest nativist zeal in national politics — and presidents have generally tried to tamp down that zeal. Rutherford B. Hayes and Chester Arthur vetoed legislation barring the immigration of Chinese laborers in the 1870s and 1880s, though Arthur later agreed to sign a 10-year ban. In subsequent decades, Grover Cleveland, William H. Taft and Woodrow Wilson vetoed bills making the ability to read a prerequisite for adult men to immigrate. Congress eventually overrode Wilson’s veto to enact such a law in 1917.

By the 1920s, most Americans were convinced that further limits on immigration were necessary. “America must be kept American,” President Calvin Coolidge declared in December 1923, following the political winds, and by “American,” he meant white in race, Anglo-Saxon in ethnicity and Protestant in religion. Coolidge endorsed the severe limits Congress placed on the immigration of Slavs, Poles, Italians, Greeks and Eastern European Jews and accepted a ban on immigration from Asia and Africa, as well.

Those racist restrictions were rescinded in 1965. When Lyndon Johnson sat at the feet of the Statue of Liberty and signed legislation that ended the discriminatory quotas, he predicted that the federal government would “never again shadow the gate to the American nation with the twin barriers of prejudice and privilege.” But Johnson could not have imagined a president like Trump.

The only Americans who came even remotely close to rivaling Trump’s nativist influence were more narrowly focused than the president is. Charles Lindbergh and Henry Ford were widely admired anti-Semites whose views reached millions, but their animus was focused on powerful Jews at home and abroad, not Jewish immigrants in general. Father Charles Coughlin, a Catholic priest, had millions of loyal radio listeners in the 1930s, but he, too, was more an anti-Semite than a broad nativist. None of them commanded the devotion of nearly as large a share of the population as Trump does.

John Tanton, who died this year, was a driving force behind the modern anti-immigration movement, organizing and raising money for a variety of groups that have advocated a reduction in immigration. But those groups didn’t have influence until Trump began spreading their ideas and appointing their leaders and allies to positions in his administration.

Trump’s anti-immigrant efforts have featured several classic nativist tropes. He falsely associates immigrants with crime, as when he said during his campaign that Mexicans are “bringing drugs. They’re bringing crime. They’re rapists.” In truth, immigrants commit significantly less crime than the native-born do. He scapegoats entire immigrant religious groups for the actions of one or two criminals, calling for “a total and complete shutdown of Muslims entering the United States” after Syed Rizwan Farook (who was not even an immigrant) and his wife (who was foreign-born) killed 14 people in San Bernardino, Calif. He perpetuates the notion that immigrants pose a public health threat, as when he wondered in 2018 why we let “all these people from shithole countries come here.” One of his objections, reportedly, was that Haitians “all have AIDS,” though the White House denies he said that. He’s making it harder for low-income immigrants to come here in ways that would almost certainly reduce immigration from Latin America, Africa and the Caribbean, justifying his proposal on the grounds that he needs to “protect benefits for American citizens.” And he argues that even the U.S.-born children of recent immigrants — if they are part of ethnic, religious or racial minorities — are not real Americans, as he suggested when he tweeted that four congresswomen of color should “go back” to “the totally broken and crime infested places from which they came.”

What makes Trump more influential than any previous American nativist is the size of his audience and the devotion of his supporters. Trump has more than 66 million Twitter followers and a powerful echo chamber in conservative media, allowing him to instantaneously convey his ideas to a quarter of the adult population. Other presidents had passionate followers (Andrew Jackson, Franklin Roosevelt and Ronald Reagan come to mind), but none of them expressed much, if any, animus toward immigrants. Trump’s rhetoric has changed the way many Americans view immigrants: Nearly a quarter now call immigration a “problem,” more than double the percentage who characterized it that way in 2015, and the highest share since Gallup began asking that question a quarter-century ago.

Trump has made public expressions of nativism socially acceptable for the first time in generations. As he lambasted Rep. Ilhan Omar (D-Minn.), a Somali immigrant, at a July rally in Greenville, N.C., the crowd erupted with chants of “Send her back,” echoing Trump’s notorious tweet. “There was a filter,” a Latino resident of Greenville noted after the rally, that previously prevented Americans from expressing such hatred of immigrants, but “now the filter has been broken. My Hispanic friends are afraid to go to the store. They’re afraid to do anything. It’s scary.”

Trump’s spread of nativism has led to an upsurge in animosity directed at immigrants. Those who read or hear the president’s nativist views are more likely to write offensive things on social media about the groups he targets, one political science study found. One study using data compiled by the Anti-Defamation League found that counties that hosted Trump rallies in 2016 saw a 226 percent increase in hate crimes in the following months, primarily assaults or acts of vandalism, compared to counties that didn’t host rallies. ABC News identified at least 29 cases in which violence or threats of violence were carried out, and the perpetrators targeted immigrants or those perceived to be immigrants more than any other group.

The president’s rhetoric inspires not merely petty violence but occasionally full-fledged acts of terrorism as well. Throughout the fall of 2018, Trump relentlessly sowed fears that an “invasion” of Central American refugees was imminent via an immigrant “caravan” heading through Mexico toward the United States. Before a gunman killed 11 worshipers in a Pittsburgh synagogue in October 2018, he apparently justified his actions on the grounds that the Hebrew Immigrant Aid Society, which these days assists refugees from all over the world, “likes to bring in invaders that kill our people. I can’t sit by and watch my people get slaughtered.”

Five months later, the man accused of killing more than 50 Muslims at two mosques in New Zealand hailed Trump as a symbol “of renewed white identity” in an online manifesto. In August, a man traveled to El Paso with the goal of killing as many Latinos as possible, authorities said, slaying 22 people at a Walmart. A manifesto linked to him echoed many of the president’s favorite talking points: It condemned “the Hispanic invasion of Texas,” charged that immigrants are taking jobs from natives and lauded Republicans for reducing “mass immigration and citizenship.” These accused shooters all seemingly found Trump’s nativist rhetoric inspirational.

While this upsurge in nativist violence is terrifying, history suggests that, over the long term, those who embrace immigrants will win out over those who fear them. The percentage of Americans who want to cut immigration has risen since Trump took office, but that figure is still down by almost half since the mid-1990s. Ironically, Trump’s nativist pronouncements and actions may have galvanized Americans who oppose him to look even more favorably at immigrants than they did before. Seventy-six percent of Americans now say that immigration is good for the country — an all-time high in Gallup’s poll — while the percentage who call it harmful, 19 percent, is at an all-time low.

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Twitter: @TylerAnbinder

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

Beyond the vileness and lies of Trump’s White Nationalist, racist, xenophobia, Professor Anbinder’s article ends on an upbeat note:

Anti-immigrant attitudes have always been part of American culture. They have spiked periodically — in the 1850s, in the 1920s — but those nativist upswings have proved ephemeral. The one we are witnessing today can be traced primarily to the uniquely powerful influence of Trump, the most successful purveyor of anti-immigrant sentiment in American history. But the admiration that the vast majority of Americans hold for immigrants cannot be extinguished by any man or woman, no matter how influential.

After all, most Americans understand that immigrants make America great.

Unfortunately, the “upward arc of history” will be too late to save the many individual lives and futures daily destroyed by Trump’s White Nationalist hate campaign.

That’s why the “New Due Process Army” is fighting to save lives and protect the Constitutional, legal, and human rights of everyone.

PWS

11-11-19

YOUR TAX DOLLARS AT WORK: Trump Looking For Ways To Skirt Constitution, Appointments Statute To Make Ineligible White Nationalist Racist “Cooch Cooch” Acting Head Of DHS!

Dominique Mosbergen
Domonique Mosbergen
Senior Reporter
HuffPost

https://www.huffpost.com/entry/dhs-secretary-job-loophole-trump_n_5db91056e4b066da5528c76a

Dominique Mosbergen reports for HuffPost:

The White House is reportedly exploring a legal loophole that would allow President Donald Trump to pick “whomever he wants” to fill the top job at the Department of Homeland Security, potentially paving the way for a hardliner who’s vigorously defended Trump’s immigration agenda to lead the department.

The president has been searching for someone to take the reins at DHS since the department’s Acting Secretary Kevin McAleenan announced his resignation earlier this month after just six months on the job.

Though McAleenan — the fourth DHS chief since Trump took office — implemented some of the president’s more extreme immigration policies and saw a drop in border crossings during his tenure, the official’s relationship with the White House was reportedly rocky from the get-go.

An “isolated” McAleenan admitted to The Washington Post in a recent interview that he’d struggled to control the department, which he viewed as a neutral law enforcement agency, and prevent it from being used as a partisan tool.

With McAleenan out, Trump was expected to tap a replacement whose views were more aligned with his own. The New York Times first reported on Tuesday that the White House was mulling a legal loophole so the president could potentially do just that. The Wall Street Journal corroborated the news.

Trump’s two favored picks for the top DHS job are reportedly Ken Cuccinelli, the acting director of the U.S. Citizenship and Immigration Services, and Mark Morgan, acting commissioner of U.S. Customs and Border Protection. Both officials, who were nominated to their roles by Trump earlier this year, have publicly defended and championed the president’s hardline immigration agenda.

But according to earlier reports by the Wall Street Journal and Politico, Trump was recently informed by his staff that neither Cuccinelli nor Morgan would be eligible for the role under a federal statute that dictates who can fill cabinet-level positions.

Under the federal Vacancies Act, acting officials taking on cabinet-level jobs must either be next in the line of succession, be confirmed by the Senate or have served for at least 90 days in the past year under the last Senate-confirmed homeland security chief, who in this case is Kirstjen Nielsen.

Nielsen resigned in April.

Neither Cuccinelli, who Politico reported was a favorite of immigration hawks inside the administration, nor Morgan would fulfill the requirements of the statute, Sean Doocey, head of the White House Presidential Personnel Office, reportedly told Trump.

It’s believed that both men would face a difficult path to Senate confirmation. Cuccinelli, for one, has made many enemies in the Senate, having repeatedly clashed with Majority Leader Mitch McConnell (R-Ky.) and other incumbent Republicans as president of the anti-establishment Senate Conservatives Fund.

McConnell has previously expressed his “lack of enthusiasm” at the prospect of Cuccinelli’s elevation to head the DHS.

According to the Times, however, the White House is considering a loophole that would allow Trump to bypass the Vacancies Act and potentially pick Cuccinelli or Morgan for the job anyway.

“Under this route, the White House would tap someone to be the assistant secretary of the Countering Weapons of Mass Destruction Office, which is vacant, and then elevate that person to be the acting secretary of homeland security,” the Times said, citing an administration official familiar with the deliberations.

“The chief of that office is known as an ‘inferior officer,’ and under an exception in the laws governing appointments, such officials can be appointed to acting positions with the sole approval of the president,” the paper continued.

The Journal elaborated on how this plan would work.

Under a 2017 law, the DHS secretary has the authority to change the department’s line of succession beyond its top three positions, which all require Senate confirmation, the paper said. Those top three posts, however, have been vacant for months.

The White House has therefore considered asking McAleenan to change the line of succession by elevating the assistant secretary of the obscure CWMD office to the number four position, the Journal reported. Since Trump can appoint anyone to the CWMD role without the need of Senate approval, whoever is tapped for the job could then be next in the line of succession for the top DHS role.

“And then the Asst Sec for CWMD can serve … indefinitely as acting DHS Sec,” said Anne Joseph O’Connell, a Stanford law professor who specializes in administrative law and federal bureaucracy, in a Tuesday night Twitter thread.

. . . .

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

Read the rest of Dominique’s story of massive Administration corruption, dishonesty, and clear abuse of public funds (we’re paying  Trump and his gang of scofflaw thugs to look for ways around our Constitution and the statutes enacted by Congress!) at the link.

    • Remember, folks, these are the are the same corrupt officials who keep falsely referring to legitimate asylum and refugee laws as “loopholes.”
    • So, given that Trump is thumbing his nose at Mitch McConnell, why doesn’t Congress step in and put an end to this illegal nonsense once and for all?
    • Note that “Big Mac With Lies” is being asked to perform yet one final act of sleazy subservience to knowingly undermine the rule of law on his way out. Will he go down for Trump one final time? He claims he has “no plans to do so.” But, remember, “Big Mac” lies! 
    • The real problem here actually is the Supremes, who in the “Travel Ban Case” signaled that at they had no intention of requiring Trump to operate within the Constitution. Trump has taken this statement of judicial task avoidance to heart and used it to run over the rights of all Americans (not just migrants and asylum seekers).
    • Think how things might be different if right off the bat the Supremes had unanimously applied the Constitution to stop Trump’s misdeeds and had also “just said no” to GOP gerrymandering which threatens our democracy. That’s what “profiles in judicial courage” might have looked like.

PWS

10-31-19

FRESH CLAIMS OF CHILD ABUSE BY DHS IN YOUR “NEW AMERICAN GULAG” – Ever Wonder Why YOUR Tax Dollars Are Being Used To Fund What Medical Professionals Say Is An Inherently Abusive & Potentially Permanently Damaging “Kiddie Gulag?” – And, In Cases Like This, The Alleged Abuse Is Actually Individualized & Beyond the “Regular Damage” Intentionally Inflicted By The Trump DHS, Abetted By Complicit Courts!

Amanda Holpuch
Amanda Holpuch
Reporter
The Guardian

 

https://www.theguardian.com/us-news/2019/oct/25/texas-immigration-detention-guard-assault-child-claims?CMP=Share_iOSApp_Other

 

Amanda Holpuch reports for The Guardian:

 

A private prison guard physically assaulted a five-year-old boy at an immigration detention center in Texas, according to a complaint filed with the Department of Homeland Security (DHS).

She raised her niece like a daughter. Then the US government separated them at the border

 

Read more

Advocates for the boy and his mother expect the family to be deported on Friday and asked the US government to halt the deportation to investigate the alleged assault. The advocates also said the family, who are anonymous for safety reasons, face imminent harm or death in their home country of Honduras.

The alleged assault occurred in late September, when the boy was playing with a guard employed by the private prison company CoreCivic who had played with the boy before.

The five-year-old tried to give the guard a high-five, but accidentally hit him instead, angering the guard, according to a complaint seen by the Guardian. The guard then allegedly grabbed the boy’s wrist “very hard” and would not let go.

“The boy’s mother told the guard to let go and tried to pull her son’s hand away, but the guard kept holding on,” according to the complaint. “He finally released the boy and threatened to punish him if he hit him again.”

The complaint said the boy’s hand was swollen and bruised and he was treated with pain medication and ice at the South Texas family residential center in Dilley, in a remote part of the state about 100 miles from the US-Mexico border.

The Dilley detention center has been controversial since it opened in 2014. Dilley can hold 2,400 people, the most of any family detention center in the country, and in March 2019 held at least 15 babies under one year old.

“Since the assault, the boy is afraid of male officials at the jail, goes to the bathroom in his pants, bites his nails until they bleed, and does not want to play, sleep, eat, or bathe,” the complaint said.

The Guardian contacted US Immigration and Customs Enforcement (Ice), the homeland security agency which oversees immigration detention, and CoreCivic for comment, but they had not provided a response at the time of publication.

Katy Murdza, advocacy manager for the Dilley Pro Bono Project, which sends volunteers into the Dilley detention center to help families, met with the mother on Wednesday.

Murdza said the mother is fearful of her imminent deportation and is upset about what happened to her son because she had little power to protect him.

“She was unable to prevent someone from hurting her child and while she has tried to report it, she hasn’t received any information on what the results are, so she still does not have control of whether the detention center let that staff member back in,” Murdza said.

“When people are detained and it’s hidden from the public, these sorts of things happen and there are probably many other cases that we have never learned about that could be similar to this,” Murdza added.

The American Academy of Pediatrics said in March 2017 that no migrant child in the custody of their parent should ever be detained because the conditions could harm or retraumatize them.

The US government can release asylum-seeking families in the US while they wait for their cases to be heard in court, but Donald Trump’s administration favors expanding detention and has tried to extend how long children can be held in detention centers.

Katie Shepherd, national advocacy counsel with the American Immigration Council’s Immigration Justice Campaign, filed the complaint on Thursday with the DHS watchdog, the office of the inspector general, and with its office for civil rights and civil liberties.

“The government has a long history demonstrating it’s not capable of holding people in their custody responsibly and certainly not children who require special protections and safeguards,” Shepherd said. “They require a different environment, not one where guards are going to be physically abusing them.”

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

Ever wonder how things might be different if Article III Judges’ children and grandchildren were being treated this way?

 

Please think about situations like this the next time you hear sleazy folks like Kelly, Nielsen, or “Big Mac With Lies,”and other former “Trump toadies” tout their “high-level executive experience” and how “proud” they were of their law enforcement initiatives at DHS and other parts of the Trump kakistocracy! What’s the relationship between abusing children and real law enforcement or protecting our national security? None!

 

Outrageously, these former Trump human rights abusers not only have escaped legal and moral accountability for their knowing and intentional human rights abuses, but they have the audacity to publicly attempt to “leverage” their experience as abusers into “big bucks gigs” in the private sector. How disgusting can it get.

 

Here’s Professor (and ImmigrationProf Blog guru) Bill O. Hing’s “spot on” description of the “despicable John Kelly:”

 

 

Despicable John Kelly – Profits from Detention of Children

By Immigration Prof

 Share

I was recently reminded of how John Kelly, former DHS Secretary and former White House Chief of Staff, is now on the board of Caliburn International: the conglomerate that runs detention facilities for migrant children. He is despicable. This was reported in May:

Former White House Chief of Staff John Kelly can now count on a second line of income.

In addition to his attempt at scoring paid speaking gigs, Kelly has now joined the board of Caliburn International, the company has confirmed to CBS News. Caliburn is the parent company of Comprehensive Health Services, which operates four massive for-profit shelters that have government contracts to house unaccompanied migrant children.

Kelly’s new job first became apparent when protesters gathered outside Comprehensive Health Services’ Homestead, Florida facility last month — it’s the biggest unaccompanied migrant child detention center in the country. They, along with a local TV station, spotted Kelly enter the facility, and CBS News later confirmed his affiliation. Read more..

When Kelly was DHS secretary, he began the implementation of Trump’s anti-immigrant agenda in the early stages of the administration. Julianne Hing reported on Kelly’s record at DHS on the eve of becoming chief of staff for Trump.

Read here…

bh

October 20, 2019

 

Apparently, Kelly’s USG pension as a retired 4-star General wasn’t enough to support him in the style to which he aspired (perhaps after rubbing shoulders with the Trump family and its circle of grifters). So, he found it necessary to supplement his income off the misery of families and children in the “New American Gulag” he helped establish.

I had accurately predicted that Kelly wouldn’t leave his “service” to Trump with his reputation intact. Nobody does, except those with no reputation to start with.

 

Trump runs a kakistocracy. The private sector should treat the steady stream of spineless senior officials fleeing the Trump Circus accordingly.

Or compare the “achievements” of horrible frauds like these guys, who abused their time in the service of Trump by betraying our country’s most fundamental values, with that of a real American hero like the late Congressman Elijah Cummings (D-MD) who was eulogized today. As President Obama said, “he was ‘honorable’ long before he was elected!”

 

PWS

10-25-19

 

 

 

 

Rep. Raja Krishnamoorthi (D-Ill.) @  THE HILL: Trump’s Racist Attacks On Immigrants Are As Stupid As They Are Cruel: “[T]he Trump administration’s demonization of immigrants is profoundly un-American, and its efforts to block all immigration to this country would do enormous economic harm.”

Rep. Raja Krishnamoorthi (D-Ill.)
Rep. Raja Krishnamoorthi (D-Ill.)

https://apple.news/AYuMdPVeaT7-NRmGl8ycDzQ

Nearly every family in America has its own immigrant story. Whether we came over on the Mayflower or on an airplane, almost all of us initially came here from somewhere else. There is no question that our current immigration system is broken and in need of serious repair. But the Trump administration’s demonization of immigrants is profoundly un-American, and its efforts to block all immigration to this country would do enormous economic harm.

I make this argument as an immigrant, myself – although I didn’t have much choice in the matter. My parents arrived here from New Delhi, India when I was only three months old. My father came in search of a higher education, having been accepted into the engineering graduate program at the University of Buffalo. He pursued his studies and supported our family as a teaching assistant. Enamored of the opportunity that life in America presented for himself and his children, he and my mother eventually applied for citizenship.

Unfortunately, the recession of the early 1970s hit our family very hard, just as it hurt millions of other families across the nation. For a time, our family had to rely on public relief. But my parents never gave up their hope or belief that America was the land of opportunity. Eventually, my father found a job as a professor in the engineering department at Bradley University in Peoria, Ill., where he has worked for 40 years.

We didn’t know anything about Peoria before we moved there. And there weren’t many other Indian-American families in town. But our neighbors accepted us as full-fledged Americans, and my brother and I enjoyed an all-American upbringing that included football games, school plays, and fireworks on the Fourth of July.

Thanks to the great education afforded us by Peoria’s public schools, my brother attended medical school, and I obtained both engineering and law degrees. We owe our success to our hardworking parents and the generosity this great country provided. We have both tried to give back in our own way: my brother through his medical service for children and families in inner-city Chicago, and me through a career in public service. I am grateful every day that my parents brought me to this country and struggled for the opportunities provided to me.

That is why I am so disappointed that our current president constantly portrays immigration as a threat to our nation rather than the bedrock of its success. Many of his policies aimed at immigrants are needlessly cruel. We all know about the forced separation of children from their parents – some of them infants still in diapers. Court rulings and public revulsion forced the reversal of this policy, although many children still have not been reunited with their parents. This is shameful and must never happen again.

Unfortunately, the Trump administration has continued to pursue similarly cruel policies that have received less attention. For example, it recently took steps to end a deportation relief policy that allows some undocumented families with serious medical conditions to remain in the U.S. While the administration abandoned this plan under pressure from my colleagues and me, this would have denied needed medical care to people with cancer and other life-threatening illnesses, sending them back to countries without the means to treat their conditions. It would have been a literal sentence for immigrant families needing medical help.

These measures seem purposely designed to discourage potential immigrants from seeking U.S. citizenship. They replace a message of opportunity and hope with one of cruelty and fear. They might have discouraged families like mine from pursuing a better life in America while simultaneously denying our contribution to its future through educating students, treating veterans, and passing laws in the halls of Congress. We would all be poorer if those opportunities had been lost.

Yes, let’s fix a broken immigration system. The basic outlines for reform were established in a bipartisan bill that passed the U.S. Senate only a few years ago. But let’s not turn our backs on a fundamental principle of our nation — that welcoming aspiring people from other lands contributes to the strength of our own.

Raja Krishnamoorthi represents the 8th District of Illinois.

These measures seem purposely designed to discourage potential immigrants from seeking U.S. citizenship. They replace a message of opportunity and hope with one of cruelty and fear. They might have discouraged families like mine from pursuing a better life in America while simultaneously denying our contribution to its future through educating students, treating veterans, and passing laws in the halls of Congress. We would all be poorer if those opportunities had been lost.

Yes, let’s fix a broken immigration system. The basic outlines for reform were established in a bipartisan bill that passed the U.S. Senate only a few years ago. But let’s not turn our backs on a fundamental principle of our nation — that welcoming aspiring people from other lands contributes to the strength of our own.

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

Cruel, stupid, counterproductive, anti-American. That’s Trump and his GOP White Nationalists.

PWS

10-11-19

PROFESSOR ILYA SOMIN @ THE ATLANTIC: How The Supremes Have Intentionally & Unconstitutionally Screwed Migrants — “Dred Scottification” & Modern Day Jim Crows —“But there is an area of public policy in which the government routinely gets away with oppression and discrimination that would be readily recognized as unconstitutional anywhere else: immigration law.”

Ilya Somin
Professor Ilya Somin
George Mason Law

https://www.theatlantic.com/ideas/archive/2019/10/us-immigration-laws-unconstitutional-double-standards/599140/

Americans generally take it for granted that the U.S. government cannot restrict freedom of speech. It cannot discriminate on the basis of ethnicity and religion, and it cannot detain people without due process. Though these rights are not absolute, there is at the very least a strong constitutional presumption against such measures. Much of this is thanks to the Bill of Rights and other constitutional protections, particularly the Fourteenth Amendment. But there is an area of public policy in which the government routinely gets away with oppression and discrimination that would be readily recognized as unconstitutional anywhere else: immigration law.

In Dred Scott v. Sandford, Chief Justice Roger Taney infamously wrote that black people “had no rights which the white man was bound to respect.” Many aspects of immigration policy are unfortunately based on a similar assumption: Immigrants have virtually no constitutional rights that the federal government is bound to respect.

Last year, in Trump v. Hawaii, the Supreme Court upheld President Donald Trump’s “travel ban” policy, which barred most entry into the United States from several Muslim-majority nations. The Court did so despite overwhelming evidence showing that the motivation behind the travel ban was religious discrimination targeting Muslims, as Trump himself repeatedly stated. The supposed security rationale for the travel ban was extraordinarily weak, bordering on outright fraudulent. In almost any other context, the courts would have ruled against a policy so transparently motivated by religious bigotry, and so lacking in any legitimate justification. It would have been considered an obvious violation of the First Amendment.

pastedGraphic.png

In other situations, the Supreme Court has a much lower bar for what qualifies as unconstitutional discrimination on the basis of religion. Indeed, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, decided just a few weeks before the travel ban case, the Supreme Court overturned a decision from a state civil rights commission in a case regarding a baker who declined to prepare a cake for a same-sex wedding ceremony for religious reasons. Although the commission had originally concluded the baker had violated state antidiscrimination law, the Court found that two of the group’s seven members had made biased statements against the baker’s religion—meaning that his case hadn’t been afforded the neutral treatment demanded by the First Amendment’s free exercise clause—and invalidated the commission’s decision. The Court reached that decision even though the commission would quite likely have ruled against the baker regardless of the prejudices of the two members (the other five commissioners also supported the ruling). All five of the justices who voted with the majority in the travel-ban case were part of the 7–2 majority in Masterpiece Cakeshop.

Read: How the Supreme Court used ‘protecting families’ to justify the travel ban

Why the difference between the two cases? As Chief Justice John Roberts explained in his majority opinion in the travel ban ruling, the answer is that courts defer to the government far more in immigration cases than practically any other area in which constitutional rights are at stake. As he put it, judicial “inquiry into matters of entry and national security is highly constrained.”

The travel ban is far from the only case in which immigration restrictions have been held to a lower constitutional standard compared with almost any other exercise of government power. In August, the Israeli government was rightly criticized for barring entry to two American members of Congress because of their support for the anti-Israel Boycott, Divestment, and Sanctions (BDS) movement. But few recalled that the U.S. also has a long history of banning foreigners with political views that the government disapproves of. Concerns that European immigrants had dangerous political views were a major motivation behind the highly restrictive 1924 Immigration Act, and were also used to justify barring many Jewish refugees from Nazi Germany in the 1930s. Even today, the law forbids entry to anyone who has been a “member of or affiliated with the Communist or any other totalitarian party.” Meanwhile, the government cannot discriminate against U.S. citizens who share those same views, including by denying them government services available to others.

Similar constitutional double standards pervade many other aspects of immigration policy. Courts have ruled that the due process clause of the Fifth Amendment provides for paid counsel in most cases where the state threatens indigent individuals with severe deprivations of liberty. But indigent migrants targeted for detention and deportation are not entitled to free legal representation, and often have to navigate a complex legal system without assistance. This leads to such horrific absurdities as toddlers “representing” themselves in deportation proceedings. You don’t have to be a lawyer to recognize that this does not comport with the due process of law required by the Fifth Amendment.

Read: The thousands of children who go to immigration court alone

Some argue that nothing is wrong with such policies, because immigrants have no constitutional right to enter the United States. But the Constitution undeniably prohibits various types of discrimination with respect to issues that are not themselves constitutional rights. For example, there is no constitutional right to receive Social Security benefits. But it would still be unconstitutional for the federal government to adopt a policy that extended such benefits only to Christians, or only to people who support the president.

Noncitizens are not categorically denied all constitutional rights; far from it. If they are accused of a crime, they get the same procedural rights as citizens. If the government condemns their property, they are entitled to “just compensation” under the Fifth Amendment. Many other constitutional rights cover them as well. But the anti-immigrant double standard applies to virtually all laws and regulations governing entry into the United States, immigration detention, and deportation.

Immigrants are not the only ones who suffer as a result of the immigration-law double standard. Many native-born citizens suffer along with them. A study by the Northwestern University political-science professor Jacqueline Stevens estimates that the federal government detained or deported some 4,000 American citizens in 2010 alone, and more than 20,000 from 2003 to 2010, due to mistakes resulting from the extremely lax procedural safeguards surrounding immigration detention and deportation. Other American-citizen victims of the immigration double standard include the thousands of parents forcibly separated from their children (and vice versa) by measures such as Trump’s travel ban, which would have been invalidated as unconstitutional if not for special judicial deference on immigration policy. Many U.S. citizens also suffer from the extensive racial profiling permitted in immigration enforcement.

There is no basis for the immigration double standard in the text and original meaning of the Constitution. Most constitutional rights are phrased as generalized limitations on government power, not privileges that only apply to specific groups of people, such as U.S. citizens, or to government actions in specific places, such as U.S. territory. The First Amendment, for instance, states that “Congress shall make no law” restricting freedom of speech and religion, not “Congress shall make no law—except when it comes to immigration” restricting those rights.

A few constitutional rights are indeed limited to U.S. citizens or to “the people,” as in the case of the Second Amendment right to bear arms, which might be interpreted as a synonym for citizens. But the fact that a few rights are specifically reserved for citizens highlights the broader principle that most are not. There would be no need to specify such restrictions if the default assumption were that all rights are limited to citizens.

This inference from the text is backed by founding-era practice. During that period, it was assumed that even suspected pirates captured at sea, whether U.S. citizens or not, were protected by the Bill of Rights and therefore entitled to the due process of law guaranteed by the Fifth Amendment. Immigrants surely deserve at least as much protection as alleged pirates.

During the founding era, the dominant view, held by Founding Fathers including Thomas Jefferson and James Madison (the “father of the Constitution”), was that the federal government did not even have a general power to restrict immigration. The Supreme Court did not decide that Congress had a general power over immigration until the Chinese Exclusion Case of 1889, a ruling heavily influenced by racial prejudice. It is perverse that the exercise of a federal power that rests on such dubious foundations is largely exempt from the judicial scrutiny that applies to almost all other powers.

Admittedly, since the late 19th century, many Supreme Court precedents have reinforced the so-called plenary power doctrine, which holds that normal constitutional constraints on federal authority largely do not apply to immigration restrictions. For example, a variety of Supreme Court decisions hold that migrants could be excluded based on their political views, and based on restrictive laws whose enactment was in large part motivated by racial and ethnic prejudice. But these precedents are not as clear as is often assumed. Many upheld discriminatory immigration restrictions when similar discrimination was also permitted in the domestic context. For example, some involved racially discriminatory restrictions at a time when courts also upheld domestic Jim Crow laws, and others upheld the exclusion of communists at a time when courts permitted domestic persecution of communists as well.

Still, in addition to rejecting the reasoning of the travel-ban decision, uprooting the plenary power theory entirely would require reconsideration of the traditional interpretations of many earlier precedents, even though it would not require fully overruling those cases. The Court could instead accept that those precedents were justifiable insofar as they upheld discrimination that was also considered permissible in other areas of law at the time, but reject the idea that they require perpetuation of a double standard between immigration law and other fields.

Rejecting that view is the right course. The plenary-power doctrine has no basis in the Constitution. It was born of the racial and ethnic bigotry of the late 19th century, and deserves to suffer the same fate as Plessy v. Ferguson and other products of that mind-set.

Abolishing constitutional double standards in immigration law would not end all immigration restrictions. But it would ensure that immigration policy is subject to the same constitutional constraints as other exercises of federal authority. The government could still restrict immigration based on a variety of characteristics. For example, it could still discriminate using such criteria as migrants’ education, occupational credentials, and criminal records. But it would no longer be permitted to engage in racial, ethnic, religious, or other discrimination that is forbidden in other contexts.

Ending this double standard will not be easy, and probably cannot be done by lawyers alone. The civil-rights movement, the feminist movement, and the gun-rights movement are all examples of how successful struggles to strengthen protection for constitutional rights usually require a strategy that integrates litigation with political mobilization. The lessons of that history might be useful to those who seek to end one of the most egregious double standards in our constitutional jurisprudence.

This story is part of the project “The Battle for the Constitution,” in partnership with the National Constitution Center.

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

Hey, Hey, ho, ho, double standard has got to go!

It’s actually not that hard to get the Constitution right and to do the right thing. The Republic and Constitutional Government are “on the ropes” as a result of Trump’s White Nationalist corruption and gross abuses of the Rule of Law. And, all current indications are that the Supremes’ complicit majority intends to continue to corruptly and disingenuously destroy our republic. So, who will protect them and their families in the “Post-Constitutional Chaos” they are promoting?

Where, oh where, has judicial courage and integrity gone? Trump is destroying America, but a complicit Supremes’ majority has been a key enabler! What’s wrong with these guys? And, that’s certainly not to minimize the role of prior Supremes in failing to enforce required Constitutional protections for migrants. After all, the unconstitutional U.S. Immigration Courts have been operating under the DOJ for decades.

Think how history might have been different if the Supremes had “just said no” to Trump’s unconstitutional, clearly religiously and politically motivated, “Muslim Ban” instead of “rolling over.” (“The Court did so despite overwhelming evidence showing that the motivation behind the travel ban was religious discrimination targeting Muslims, as Trump himself repeatedly stated.”) Instead of shrinking before tyranny, the Supremes could have made it clear that Trump & Miller and their sycophants would have to act within the Constitution with respect to foreign nationals. The lower courts had it right! The Supremes undermined them and trashed the Rule of Law in the process!

Trump advertised that he could steamroll the Constitution with racism and religious bigotry. And, the feckless Supremes’ majority proved him right, dissing those courageous lower court judges who actually stood up for the Constitution in the process. The utter disaster that has followed, including betrayals of our real national security, can be laid directly at the feet of a complicit Supremes’ majority!

Will John Roberts go down as the “reincarnation of Chief Justice Roger Taney?”

PWS

10-07-19

WELCOME TO A NEW BRIGADE OF THE NEW DUE PROCESS ARMY: Justice Action Center! — Litigate, Litigate, Litigate — Constantly Confront Complicit Courts 4 Change!

Karen Tumlin
Karen Tumlin
Founder
Justice Action Center

Karen Tumlin, Founder

Karen Tumlin is a nationally recognized impact litigator focusing on immigrants’ rights. She successfully litigated numerous cases of national significance, including a challenge to the Trump Administration’s effort to end the DACA program and the Muslim Ban, as well as the constitutional challenge to Arizona’s notorious anti-immigrant law, SB 1070. She formerly served as the Director of Legal Strategy and Legal Director for the National Immigration Law Center, where she built a legal department of over 15 staff who developed and led cases of national impact.

Contact Karen: karen.tumlin@justiceactioncenter.org

https://justiceactioncenter.org/

A Brief Description of JAC

Justice Action Center is a new nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. There is tremendous unmet need in the litigation landscape for immigrant communities.  JAC is committed to bringing additional litigation resources to bear to address unmet needs in currently underserved areas. There is also untapped potential in how litigation can be combined with digital strategies to empower clients and change the corrosive narrative around immigrants. Communications content around litigation that focuses primarily on putting forward legal voices to talk about immigrants does not have the same authentic voice as putting forward immigrants as the protagonists. JAC will focus on the creation of original content that amplifies immigrant voices. We believe that real change will come only when a larger base of supporters are activated on immigration issues—only then will courthouse wins pave the way for lasting change. JAC will partner with direct service providers and organizers to leverage the power of the existing landscape of immigrants’ rights organizations and also to fill in holes where impact litigation should be brought (but currently isn’t), or where communications and digital expertise could help reshape the narrative around immigration and immigrants.

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The Problem

Urgent, Unmet Legal Need in the Immigrants’ Rights Field

Impact litigation has been an essential tool in blunting the Trump administration’s abuses against immigrants—but capacities are stretched thin and deployed unevenly. As a result, important civil rights abuses are going unchallenged.

Lawsuits attract media attention at key moments, but little planning is done to drive the narrative. Deliberate, client-driven communications plans are needed to maximize these moments to engage new audiences on immigration

Unequal Treatment

Precious impact litigation resources are currently being spread unevenly. While there is a deep bench of attorneys ready to take on high-profile issues, such as the termination of DACA or the latest asylum ban, other issues appear to have no legal advocacy. Examples include the massive worksite raids in underserved states such as Ohio and Texas or the severe abuses immigrants face in the nation’s vast detention system.

Underrepresented in Digital Media

There is a paucity of original, immigrant-centered digital content. The nation’s narrative no longer has to be set only by policymakers—it can be shaped by everyday people, including immigrants. We have not harnessed the power of the current digital landscape to promote pro-immigrant messages and engage new audiences.

JAC’s Solutions

1. Litigate on topics and in locations of unmet need.

2. Create original, immigrant-centered content designed to activate new audiences

3. Partner with direct services providers and organizers to elevate movement impact.

Get Involved

You can be part of helping build Justice Action Center.

Donate to Justice Action Center’s first year now.

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Welcome Karen and the JAC to the fight for Due Process, fundamental fairness, and human decency! Nothing less than the survival of our nation, and perhaps civilization, is at stake here!

The litigation angle is so critically important to this all-out war! The Federal Appellate Courts, and particularly the Supremes, have been largely complicit in Trump’s White Nationalist attack on the Rule of Law. There is no excuse whatsoever for the continuing unconstitutional outrages against individuals being committed by a biased Immigration Court System unlawfully controlled by biased and corrupt politicos. 

Would a Federal Appellate Court Judge or a Supreme Court Justice agree to be tried for his or her life in a “court” before “judges” controlled by their prosecutor? Of course not! So why is it “Constitutionally OK” for asylum seekers and other vulnerable individuals to be “tried” (often without lawyers or even “in absentia”) by “judges” controlled by Trump, Barr, and indirectly McAleenan? Why it “Constitutionally OK” for individuals whose only “crime” is asserting their legal rights to be detained indefinitely (sometimes until death) in conditions that would be held unconstitutional in an eyeblink if applied to convicted criminals?

Think I’m making this up? Check out he dissent by Justice Sotomayor (joined by Justice Ginsburg) in Barr v. East Side Sanctuary Covenant. There, seven of her spineless colleagues didn’t even bother to justify their decision lifting a lower court stay of a grotesque attack by the Trump Administration on the legal rights (and lives) of asylum seekers that violated the Constitution, a host of statutes and regulations, and international standards. Not only that, but it also enables a lawless Solicitor General to continue to cynically “short-circuit” the legal system and go directly to what Trump and his followers (contemptuously, but apparently correctly) believe to be a thoroughly compromised Supreme Court. https://immigrationcourtside.com/2019/09/11/supreme-tank-complicit-court-ends-u-s-asylum-protections-by-7-2-vote-endorses-trumps-white-nationalist-racist-attack-on-human-rights-eradication-of-refugee-act-of-1980/

These consequences aren’t “academic.” Innocent individuals, including children, will die, be tortured, or have their lives ruined by the Supremes’ abdication of duty and abandonment of human decency. https://immigrationcourtside.com/2019/09/20/profile-in-judicial-cowardice-article-iiis-dereliction-of-duty-leaves-brave-asylum-applicants-and-their-courageous-attorneys-defenseless-against-racist-onslaught-by-trump-administration/.

Undoubtedly energized by this exercise in “Supreme Complicity,” the Trump Administration has released a dizzying barrage of new attacks on the legal rights and humanity of migrants of all types, from asylum seekers to green card holders and immigrant visa applicants, in the weeks following East Side Sanctuary. 

Or, check out this dissenting statement of Eleventh Circuit Judge Adelberto Jose Jordan in Diaz-Rivas v. U.S. Att’y Gen.:

In my view, Ms. Diaz-Rivas’ statistics—showing that from 2014 through 2016 asylum applicants outside of Atlanta’s immigration court were approximately 23 times more likely to succeed than asylum applicants in Atlanta—are disquieting and merit further inquiry by the BIA. See City of Miami, 614 F.2d at 1339. If these statistics pertained to a federal district court, the Administrative Office would begin an investigation in a heartbeat.

So what’s the result of the Eleventh Circuit majority’s cowardly abandonment of the Fifth Amendment? In a spectacular “in your face” move undoubtedly meant to play on the spineless response of the Eleventh Circuit to the “Asylum Free Zone” created in the Atlanta Immigration Court, Billy Barr actually promoted two of the Atlanta judges with the highest asylum denial rates, renowned for their rude and disrespectful treatment of asylum applicants and their lawyers, to the Board of Immigration Appeals as part of his “court packing scheme” to promote worst practices and anti-asylum bias. 

In other words, as a consequence of the Eleventh Circuit’s spineless complicity in the face of clear Due Process violations, these unqualified judges have now been empowered to abuse and refuse asylum applicants from coast to coast. Judicial corruption and complicity has real human life consequences for those trying to just survive below the “radar screen” of exalted overprivileged Ivory Tower Federal Appellate Judges.

The Ninth Circuit’s illegal “greenlighting” of the deadly “Let ‘Em Die in Mexico” program in Innovation Law Lab v. McAleenan is another egregious example of U.S. Court of Appeals Judges abandoning their oaths of office (and writing complete legal gibberish, to boot).https://immigrationcourtside.com/2019/05/07/fractured-9th-gives-go-ahead-to-remain-in-mexico-program-immigration-law-lab-v-mcaleenan/.

Every time an Appellate Judge signs off on a removal order produced without a fair and impartial adjudication in the unconstitutional Immigration Courts he or she is violating their oath of office. We’ve had enough! Why have life-tenured judges if they won’t stand up for our individual rights? It’s time to put an end to this cowardly judicial complicity in violation of our fundamental Constitutional rights (not to mention a host of statutory and regulatory violations that go unchecked in Immigration Courts every day).

That’s where the “5 C’s” come into play: Constantly Confront Complicit Courts 4 Change! 

At the same time, make an historical record of those judges who “stood small” in the face of Trump’s vicious and corrupt assault on our Constitution and our democratic institutions, not to mention the lives and well-being of vulnerable migrants! 

PWS

10-05-19

DERANGED TRUMP WANTED TO MURDER & MAIM LAWFUL ASYLUM SEEKERS, WHILE AIDES COVERED UP FOR HIM RATHER THAN “BLOWING THE WHISTLE” — “Go Along To Get Along” Supremes & Appellate Courts Enabled & Encouraged Abuses By Failing To Take A Strong, Unified Position Against Trump’s Bogus “National Emergency,” Unconcealed Racial & Religious Bias Against Migrants, & Patently Evident Plans To Run Roughshod Over U.S. Constitution! — Aides Racing To Get Cost Estimates On Moats With Snakes & Alligators! — This Is Where The Dereliction Of Constitutional Duty By The GOP & The Roberts Court Has Gotten Us!

Michael D. Shear
Michael D. Shear
White House Reporter
NY Times
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times

https://www.nytimes.com/2019/10/01/us/politics/trump-border-wars.html

Michael D. Shear and Julie Hirshfeld Davis report for the N.Y. Times:

WASHINGTON — The Oval Office meeting this past March began, as so many had, with President Trump fuming about migrants. But this time he had a solution. As White House advisers listened astonished, he ordered them to shut down the entire 2,000-mile border with Mexico — by noon the next day.

The advisers feared the president’s edict would trap American tourists in Mexico, strand children at schools on both sides of the border and create an economic meltdown in two countries. Yet they also knew how much the president’s zeal to stop immigration had sent him lurching for solutions, one more extreme than the next.

Privately, the president had often talked about fortifying a border wall with a water-filled trench, stocked with snakes or alligators, prompting aides to seek a cost estimate. He wanted the wall electrified, with spikes on top that could pierce human flesh. After publicly suggesting that soldiers shoot migrants if they threw rocks, the president backed off when his staff told him that was illegal. But later in a meeting, aides recalled, he suggested that they shoot migrants in the legs to slow them down. That’s not allowed either, they told him.

“The president was frustrated and I think he took that moment to hit the reset button,” said Thomas D. Homan, who had served as Mr. Trump’s acting director of Immigration and Customs Enforcement, recalling that week in March. “The president wanted it to be fixed quickly.”

Mr. Trump’s order to close the border was a decision point that touched off a frenzied week of presidential rages, round-the-clock staff panic and far more White House turmoil than was known at the time. By the end of the week, the seat-of-the-pants president had backed off his threat but had retaliated with the beginning of a purge of the aides who had tried to contain him.

Today, a s Mr. Trump is surrounded by advisers less willing to stand up to him, his threat to seal off the country from a flood of immigrants remains active. “I have absolute power to shut down the border,” he said in an interview this summer with The New York Times.

This article is based on interviews with more than a dozen White House and administration officials directly involved in the events of that week in March. They were granted anonymity to describe sensitive conversations with the president and top officials in the government.

In the Oval Office that March afternoon, a 30-minute meeting extended to more than two hours as Mr. Trump’s team tried desperately to placate him.

“You are making me look like an idiot!” Mr. Trump shouted, adding in a profanity, as multiple officials in the room described it. “I ran on this. It’s my issue.”

Among those in the room were Kirstjen Nielsen, the homeland security secretary at the time; Mike Pompeo, the secretary of state; Kevin K. McAleenan, the Customs and Border Protection chief at the time; and Stephen Miller, the White House aide who, more than anyone, had orchestrated Mr. Trump’s immigration agenda. Mick Mulvaney, the acting chief of staff was also there, along with Jared Kushner, the president’s son-in-law, and other senior staff.

Ms. Nielsen, a former aide to George W. Bush brought into the department by John F. Kelly, the president’s former chief of staff, was in a perilous position. She had always been viewed with suspicion by the president, who told aides she was “a Bushie,” and part of the “deep state” who once contributed to a group that supported Jeb Bush’s presidential campaign.

Mr. Trump had routinely berated Ms. Nielsen as ineffective and, worse — at least in his mind — not tough-looking enough. “Lou Dobbs hates you, Ann Coulter hates you, you’re making me look bad,” Mr. Trump would tell her, referring to the Fox Business Network host and the conservative commentator.

The happiest he had been with Ms. Nielsen was a few months earlier, when American border agents had fired tear gas into Mexico to try to stop migrants from crossing into the United States. Human rights organizations condemned the move, but Mr. Trump loved it. More often, though, she drew the president’s scorn.

That March day, he was furious at Mr. Pompeo, too, for having cut a deal with Mexico to allow the United States to reject some asylum seekers — a plan Mr. Trump said was clearly failing.

A complete shutdown of the border, Mr. Trump said, was the only way.

Ms. Nielsen had tried reasoning with the president on many occasions. When she stood up to him during a cabinet meeting the previous spring, he excoriated her and she almost resigned.

Now, she tried again to reason with him.

We can close the border, she told the president, but it’s not going to fix anything. People will still be permitted to claim asylum.

But Mr. Trump was unmoved. Even Mr. Kushner, who had developed relationships with Mexican officials and now sided with Ms. Nielsen, could not get through to him.

“All you care about is your friends in Mexico,” the president snapped, according to people in the room. “I’ve had it. I want it done at noon tomorrow.”

The Start of an Overhaul

The president’s advisers left the meeting in a near panic.

Every year more than $200 billion worth of American exports flow across the Mexican border. Closing it would wreak havoc on American farmers and automakers, among many others. Senator Mitch McConnell, Republican of Kentucky and the majority leader, said in an interview at the time that a border shutdown would have “a potentially catastrophic economic impact on our country.”

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That night, White House advisers succeeded in convincing the president to give them a reprieve, but only for a week, until the following Friday. That gave them very little time to change the president’s mind.

They started by pressuring their Mexican counterparts to rapidly increase apprehensions of migrants. Mr. Kushner and others in the West Wing showered the president with emails proving that the Mexicans had already started apprehending more migrants before they could enter the United States.

White House advisers encouraged a stream of corporate executives, Republican lawmakers and officials from the U.S. Chamber of Commerce to tell Mr. Trump how damaging a border closure would be.

Mr. Miller, meanwhile, saw an opportunity.

It was his view that the president needed to completely overhaul the Homeland Security Department and get rid of senior officials who he believed were thwarting efforts to block immigrants. Although many were the president’s handpicked aides, Mr. Miller told him they had become part of the problem by constantly citing legal hurdles.

Ms. Nielsen, who regularly found herself telling Mr. Trump why he couldn’t have what he wanted, was an obvious target. When the president demanded “flat black” paint on his border wall, she said it would cost an additional $1 million per mile. When he ordered wall construction sped up, she said they needed permission from property owners. Take the land, Mr. Trump would say, and let them sue us.

When Ms. Nielsen tried to get him to focus on something other than the border, the president grew impatient. During a briefing on the need for new legal authority to take down drones, Mr. Trump cut her off midsentence.

“Kirstjen, you didn’t hear me the first time, honey,” Mr. Trump said, according to two people familiar with the conversation. “Shoot ’em down. Sweetheart, just shoot ’em out of the sky, O.K.?”

But the problem went deeper than Ms. Nielsen, Mr. Miller believed. L. Francis Cissna, the head of the United States Citizenship and Immigration Services until earlier this year, regularly pushed back on Mr. Miller’s demand for a “culture change” at the agency, where Mr. Miller believed asylum officers were bleeding hearts, too quick to extend protections to immigrants.

They needed to start with the opposite point of view, Mr. Miller told him, and start turning people away.

John Mitnick, the homeland security general counsel who often raised legal concerns about Mr. Trump’s immigration policies, was also on Mr. Miller’s blacklist. Mr. Miller had also turned against Ronald D. Vitiello, a top official at Customs and Border Protection whom the president had nominated to lead Immigration and Customs Enforcement.

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By midweek, the campaign to change Mr. Trump’s mind about closing the border seemed to be working.

Maybe there’s another way to do this, the president told Ms. Nielsen. How about if I impose tariffs on the Mexicans, or threaten to impose tariffs? Tariffs are great.

But the staff worried that his retreat would only be temporary. The president never really let go of his obsessions.

They were right. On a trip to California late in the week, Mr. Trump turned to Mr. McAleenan, the Customs and Border Protection chief, with a new idea: He wanted him to stop letting migrants cross the border at all, with no exceptions. If you get into any trouble for it, Mr. Trump told him, I’ll pardon you.

The Turning Point

Once on the ground, Mr. Trump met up with Ms. Nielsen and worked a room filled with Border Patrol agents. Start turning away migrants at the border, he told them. My message to you is, keep them all out, the president said. Every single one of them. The country is full.

After the president left the room, Mr. McAleenan told the agents to ignore the president. You absolutely do not have the authority to stop processing migrants altogether, he warned.

As she and her staff flew back to Washington that Friday evening, Ms. Nielsen called the president. She knew he was angry with her.

“Sir, I know you’re really frustrated,” she told him. The president invited her to meet with him on Sunday in the White House residence.

Ms. Nielsen knew that Miller wanted her out, so she spent the flight huddled with aides on a strategy for getting control of the border, a Hail Mary pass. She called it the “Six C’s” — Congress, Courts, Communications, Countries, Criminals, Cartels.

Unbeknown to her, Ms. Nielsen’s staff started work on her letter of resignation.

When Ms. Nielsen presented her plan to Mr. Trump at the White House, he dismissed it and told her what he really needed was a cement wall.

“Sir,” she said, “I literally don’t think that’s even possible.” They couldn’t build that now even if it would work, which it wouldn’t, Ms. Nielsen told him. The designs for steel barriers had long since been finalized, the contracts bid and signed.

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The president responded that it was time for her to go, Mr. Trump recalled later. “Kirstjen, I want to make a change,” he said.

The president said he would wait a week to announce her resignation, to leave time for a transition. But before Ms. Nielsen had left the White House that day, the word was leaking out. By evening, Mr. Trump was tweeting about it.

“Secretary of Homeland Security Kirstjen Nielsen will be leaving her position,” Trump wrote, “and I would like to thank her for her service.”

The dismissal was a turning point for Mr. Trump’s immigration agenda, the start of the purge that ushered in a team that embraced Mr. Miller’s policies.

Mr. Trump quickly dismissed Claire M. Grady, the homeland security under secretary, and moved Mr. McAleenan to take Ms. Nielsen’s old job. Within two months, Mr. Cissna was out as well, replaced by Kenneth T. Cuccinelli II, a former Virginia attorney general and an immigration hard-liner.

On Aug. 12, Mr. Cuccinelli announced that the government would deny green cards for immigrants deemed likely to become “public charges.” Nine days later, Mr. McAleenan announced regulations to allow immigrant families to be detained indefinitely.

In the months since the purge, the president has repeated his threat of placing tariffs on Mexico to spur aggressive enforcement at the border. Mr. McAleenan and Mr. Cuccinelli have embraced restrictive asylum rules. And the Pentagon approved shifting $3.6 billion to build the wall.

Mr. Trump has continued to face resistance in the courts and public outrage about his immigration agenda. But the people who tried to restrain him have largely been replaced.

In the interview with The Times this past summer, Mr. Trump said he had seriously considered sealing the border during March, but acknowledged that doing so would have been “very severe.”

“The problem you have with the laws the way they are, we can have 100,000 of our soldiers standing up there — they can’t do a thing,” Mr. Trump said ruefully.

This article is adapted from “Border Wars: Inside Trump’s Assault on Immigration,” to be published by Simon & Schuster on Oct. 8.

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Trump’s inherent dishonesty and lack of credibility are well established. His ham-handed attacks on the rule of law and the Constitution are obvious even to non-lawyers. So, what’s the excuse for the Supremes in the Travel Ban Cases & East Side Sanctuary Covenant and the Ninth Circuit in Innovation Law Labs? None, that I can see!

Trump is a dangerous and cruel lunatic, being appeased, enabled, and coddled by corrupt and immoral GOP legislators, a feckless and spineless Supreme Court, and cowardly, immoral aides who try to please an “off the rails” Mafia boss rather than blowing the whistle on the horrors of the Trump White House and the endless illegal schemes, gimmicks, abuses of Government authority, and, frankly, “crimes against humanity” being plotted there.

Failing to stand up to, expose, and publicly oppose Trump has potentially fatal consequences. Two branches of Government have failed. That’s where we need leadership and courage from the Supremes. So far, they have flunked the test — miserably!

PWS

10-02-19

HOW CORRUPT? — Billy “The Smirking Sycophant” Barr Aiming To Overtake “Gonzo Apocalypto” Sessions & “John The Con” Mitchell As Most Lawless & Corrupt AG In My Lifetime! — Federal Courts Share Blame For Deterioration Of Ethical Standards! — Judicial Complicity Has Real Life Consequences!

Michelle Goldberg
Michelle Goldberg
Opinion Writer
NY Times

https://www.nytimes.com/interactive/2019/09/26/opinion/trump-william-barr.html

Michelle Goldberg writes in the NY Times:

Just How Corrupt Is Bill Barr?

By Michelle Goldberg

Opinion Columnist

SEPT. 26, 2019

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By now you have probably read the opening of the whistle-blower complaint filed by a member of the intelligence community accusing Donald Trump of manipulating American foreign policy for political gain. But the whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.

“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”

. . . . The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.

Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administration.

In the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter. Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.

The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.

According to Stephen Gillers, a professor of legal ethics at New York University School of Law, any lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”

Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens. Barr’s office insists that the president hasn’t spoken to Barr about the subject, but given the attorney general’s record of flagrant dishonesty — including his attempts to mislead the public about the contents of the Mueller report — there’s no reason to believe him. Besides, said Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”

But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.

“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.

That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”

I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.

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Another serious transgression: This shockingly biased and corrupt Trump political toady is literally running the U.S. Immigration Courts into the ground while neither Congress nor the Article IIIs have the guts to require that migrants receive the “fair and impartial” adjudications to which they are entitled under the Due Process Clause of our Constitution.

Sure, Billy Barr is “the pits!” But those in Congress and the Article IIIs who are “letting him get away with murder” are equally to blame. Bullies like Barr take advantage of the “go along to get along” cowardice of those charged with holding them accountable.

Another example of how Barr’s DOJ has become an “ethics free zone:” Yesterday, before Judge Dolly Gee in the Flores litigation Barr’s DOJ lawyer August Flentje presented a totally disingenuous position. 

“How can you as officer of the court tell me that the regulations are not inconsistent with the settlement agreement?” the judge asked a Justice Department lawyer. “Just because you tell me it is night outside does not mean it is not day.”

https://www.nytimes.com/2019/09/27/us/migrant-children-flores-court.html?smid=nytcore-ios-share

But in the end, even Judge Gee, no “shrinking violet,” merely expressed her displeasure and ruled against the DOJ.

Why weren’t Flentje and his supervisors, all the way up to Barr, referred to their respective state bars for ethical violations and knowingly trying to mislead the court by presenting a frivolous “defense?”  Would private counsel’s dishonesty before the court have been treated as leniently? At one time DOJ lawyers were expected to have higher ethical standards than the minimum. Now they have become ethical scofflaws. 

But, as long as Federal Courts are unwilling to hold Barr & company ethically  accountable, the dishonesty and disrespect for the system will continue to grow. When the Article IIIs find themselves in the middle of a morass of frivolous litigation and outright lies presented by the DOJ, they will have only themselves to blame for the deterioration of civility and ethical standards.

Indeed, the Supremes’ own shameful performance in Barr v. East Side Sanctuary Covenant, where they allowed the Solicitor General to unethically “short circuit the system,” dissolved a proper stay issued by a U.S. District Judge, and allowed an unconstitutional, illegal, not to mention immoral, program of racially targeted elimination of asylum opportunities sends a strong signal that the Supreme themselves have become part of the “ethics free zone.” Trump and Barr  and their sycophantic subordinates have taken  notice.

Chief Justice John Roberts might disingenuously moan the loss of civility and the dysfunction in the Legislative and Executive Branches. But, fact is, his Court’s unwillingness to fulfill their oaths of office by enforcing the Constitution and standing up for the rule of law by reinforcing it against Trump’s arrogant overreach is a major part of the problem. He and his spineless Supremes’ majority have essentially left America defenseless against the tyranny and corruption of Trump, Barr, and company.

And, as asylum applicants are abused, human lives are ruined, the Immigration Courts dissolve, and Trump’s betrayal of our nation unfolds each day, we see that there are “real life consequences” to the Supremes’ complicity.

09-28-19

THE UN-AMERICANS: Under Trump & His Neo-Nazi Lieutenant Stephen Miller, Our Nation Projects The Ugliest Side Of History: “The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.”

https://www.nytimes.com/2019/09/27/opinion/editorials/trump-refugees.html

From The NY Times Editorial Board:

President Trump’s latest assault on immigration, cutting the number of refugees accepted to a mere 18,000 from 30,000 last year, is better than the complete ban that some of his aides were seeking. But looking at mere numbers misses the point.

This is the administration’s latest message to anyone dreaming of a freer life in America: that they should just stay away. The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.

Led by Stephen Miller, a zealot who has planted lieutenants throughout the government, the Trump White House has made its anti-immigration campaign something akin to a crusade, with “the wall” along the Mexican border as its symbol.

The administration has tried to scare away Central Americans by separating children from their parents when families arrive at the border seeking asylum; it threatened to end “temporary protected status” for people escaping natural and other disasters in a number of countries, including Haiti, Nicaragua and Sudan; it suspended the Deferred Action for Childhood Arrivals program, which let undocumented immigrants who arrived here as children stay and work; it has dramatically deported immigrants without regard for their ties to family and community; and it has enacted a system that would prevent migrants from seeking asylum if they passed through another country without first seeking asylum there.

Any question about the mind-set guiding the administration should have been put to rest by President Trump’s icy explanation to reporters earlier this month for why he was barring residents of the hurricane-battered Bahamas from taking refuge in the United States.

“I don’t want to allow people that weren’t supposed to be in the Bahamas to come into the United States, including some very bad people and some very bad gang members, and some very, very bad drug dealers,” he said. He offered not a shred of proof of any such danger, while the shattering evidence of Bahamians’ needs still lies everywhere.

The limit announced by the State Department on Thursday is far below the 110,000 refugees a year that President Barack Obama said in 2016 should be let in. Most of the 18,000 slots, moreover, are already filled by Iraqis who worked with the American military, victims of religious persecution and some Central Americans. That would leave only 7,500 slots for families seeking unification, like parents of Rohingya children who have already been admitted.

The proffered reason for the cut was the huge backlog in immigration courts as the number of people seeking asylum is expected to reach 350,000. Most refugees trying to enter the United States, though, have already been cleared. So it’s not immediately clear how lowering the annual limit will help ease the backlog.

There are enormous backlogs, and the United States cannot let in everyone who wants to come. But the severity of the cutbacks makes clear that the administration’s rationale hides its real motive: to score political points with a base of voters fearful of immigration by seeming to keep out as many people as possible.

This shortsighted politicking denies a fundamental virtue — and key advantage — of America’s democracy: that it is a land of immigrants and refugees. It ignores the contributions of immigrants to the greatness of the United States.

There is no sensible argument for opening the borders to everyone. Any refugee or asylum program needs a solid vetting process. But Mr. Trump’s approach is not the answer. Congress should have stepped in long ago with serious immigration reform. But that failure is no reason for Americans to be taken in by Mr. Trump’s fear-mongering and evasive explanations.

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

The New Due Process Army is out there courageously standing up against racist cowards like Trump, Miller, “Cooch Cooch,” and their sycophantic minions like “Big Mac With Lies,” Matt Albence, and the totally corrupt and immoral Billy Barr!

Due Process Forever — Trump, Miller, & Their Corrupt Cronies, Never!

Go New Due Process Army!

 

PWS

09-28-19

CATHERINE RAMPELL @ WASHPOST: We’re ALL Complicit In Trump’s Destruction Of American Democracy!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/whos-to-blame-for-the-death-of-american-democracy-all-of-us/2019/09/23/a03ce862-de40-11e9-b199-f638bf2c340f_story.html

 

R.I.P. American democracy. You still had so much left to give! Whom should we blame for your untimely demise?

Understandably, many believe the coldhearted killer was President Trump. He has after all solicited foreign help to aid him in taking out a political rival — twice. He continues to accept payments from other foreign leaders and well-heeled business executives, who patronize his properties in clear hopes of influencing U.S. policy. He has refused to disclose his tax returns, necessary to determine whether the executive branch is working in his interest or the country’s. He has sought to punish perceived political enemies, minorities and other groups that dare cross him.

And so on. But is Trump truly the guilty party?

In my view, he’s the wrong, or at least an incomplete, answer to this particular whodunit.

Had the perpetrator been Individual 1 — and only Individual 1 — our dearly departed victim might still be alive, if perhaps wounded. The real answer is more of a Murder-on-the-Orient-Express-type conclusion: We all did it.

Unindicted co-conspirators in this heartless murder include Republican lawmakers. They have been led by Senate Majority Leader Mitch McConnell (Ky.), House Minority Leader Kevin McCarthy (Calif.) and former House speaker Paul D. Ryan (Wis.), who tolerated massacres of civil rights, of rule of law and of other democratic values and institutions, so long as the party got its federal judges or tax cuts.

They got lots of help from their colleagues. Even when those colleagues were on record as disapproving of the exact kinds of anti-democratic actions Trump acknowledges taking.

Recall that in June, Trump told ABC News’ George Stephanopoulos that he’d gladly accept dirt from a foreign power on a political rival, and asserted that all politicians do so. Republican lawmakers flatly condemned Trump’s approach to such foreign-offered “oppo research” and said that they’d go straight to the FBI if anyone ever made such an offer. Senators on the record expressing some version of this view include Majority Whip John Thune (S.D.), Lindsey O. Graham (S.C.), Joni Ernst (Iowa), Lisa Murkowski (Alaska), Cory Gardner (Colo.), Thom Tillis (N.C.), Marco Rubio (Fla.), John Cornyn (Tex.) and Mitt Romney (Utah).

Fast-forward to today. Now that the hypothetical appears to have come true, they’ve mostly fallen silent. Or worse: They’ve urged the Justice Department to investigate the political rival whom Trump sought a foreign power’s help in sullying, former vice president Joe Biden.

At best, you have Romney tweeting that “If the President asked or pressured Ukraine’s president to investigate his political rival, either directly or through his personal attorney, it would be troubling in the extreme.” Except that “if” is superfluous, given that Trump’s personal lawyer Rudolph W. Giuliani acknowledged this way back in May.

Trump’s lickspittle Cabinet officials are also implicated in the Trump-coordinated assault on democracy.

On Sunday, Secretary of State Mike Pompeo gave multiple interviews in which he suggested that Biden is the real party responsible for interfering in U.S. elections. (Umm, what?) Treasury Secretary Steven Mnuchin — who has elsewhere praised Trump’s “perfect genes” — likewise dismissed as “speculation” reporting that Trump directed Ukrainian leaders to investigate Biden. Even though Trump then appeared to confirm that “speculation” (and then reversed himself again on Monday).

Even former defense secretary Jim Mattis, out with a new book on leadership, ducked a question about whether it would be wrong for a president, any president, to ask foreign leaders to investigate political opponents.

Meanwhile, the media has also dropped the ball.

I don’t just mean Trump’s preferred propaganda outlet, Fox News. The rest of us have allowed the president to serve as our assignment editor. We spread his smears for him, and too often shy from coverage of any threat to democracy more technical than a tweet. At best, we ask Democrats what would, at last, count as an impeachable offense — but rarely direct such inquiries at Republicans, who, you know, actually stand in the way of a fair impeachment trial.

Democrats share some blame, too, feckless as they’ve been. They dragged their feet in demanding critical documents, including Trump’s tax returns. They failed to competently question petulant and obstructive witnesses such as former Trump campaign manager Corey Lewandowski. And they frequently seem more interested in attacking one another than holding Trump to account.

Given all this, can you really blame voters, disillusioned and disappointed as they are, for tuning out the onslaught on American democracy — and thereby contributing to its demise? Add them to the list anyway.

Yes, Trump has repeatedly, egregiously abused his power. He fired an arrow at the heart of our most cherished norms and institutions. But it took the rest of us to ensure that he hit his target.

 

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

I certainly see Catherine’s point. But, I have a few additional thoughts:

 

  • She fails to mention the key failure of the Supremes and many of the U.S. Courts of Appeals.
    • Starting with the whitewash of Trump’s invidiously discriminatory actions in the Travel Ban Case, and continuing with the disgraceful and cowardly 7-2 cop out in Barr v. East Side Sanctuary Covenant, the Supremes have a) showed a cowardly indifference to Constitutional rights of individuals, particularly refugees and migrants; and b) have failed to show necessary support for the U.S. District Judges who courageously have stood up against this Administration’s illegal actions;
    • With some exceptions, the Courts of Appeals have also failed to get the job done (particularly by not holding that the Immigration Courts as they exist in the DOJ are unconstitutional);
    • When all else fails, the Article III Courts are supposed to be our bulwark against tyranny – they have failed miserably to fulfill that critical constitutional duty.
  • It’s hard to see how those fighting tooth and nail against the Administration’s abuses, often with scant support from the courts, like the “New Due Process Army,” immigration advocates, pro bono lawyers, and anti-Trump religious organizations have been “complicit;”
  • Not all are equally complicit.
    • While the Dems have been somewhat feckless, you can’t really equate that with the evil of “Moscow Mitch”, Paul Ryan, and the GOP who have eagerly embraced Trump’s anti-American, racist agendas and continuous stream of false narratives;
    • Again, while “mainstream media” have undoubtedly made some mistakes, there is no equivalency with the maliciously false, racist, overtly corrupt White Nationalist agendas of Fox News, Breitbart, and other far right “news outlets” and vile right-wing racist operatives posing as “news commentators.”

 

PWS

09-24-19

 

 

AS U.S. COURTS FAIL, DARTH VADER TAKES OVER ASYLUM OFFICE – Use Of CBP Agents As “Asylum Officers” Over Objection Flies In Face Of Statute & Shows Administration’s Utter Contempt For Cowardly ARTICLE IIIs Afraid To Stand Up For The Rule Of Law & For The Rights Of Vulnerable Asylum Seekers! — “They’re not trained and geared toward refugee protection, any more than I’m trained to go look for tracks in the desert and chase people.”

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Darth Vader
D. Vader
Minister of Justice
Banana Republic of Trump

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=34ad22a1-b89c-4dd4-8b5f-ac66ea536940&v=sdk

Molly O’Toole reports for the LA Times:

WASHINGTON — Border Patrol agents, rather than highly trained asylum officers, are beginning to screen migrant families for “credible fear” to determine whether applicants qualify for U.S. protection, the Los Angeles Times has learned.

The first Border Patrol agents arrived in Dilley, Texas, last week to start training at the South Texas Family Residential Center, the nation’s largest immigrant family detention center, according to lawyers working there and several employees at U.S. Citizenship and Immigration Services.

The move expands the Trump administration’s push for Border Patrol agents to take over the interviews that mark the first step in the lengthy asylum process. Border Patrol agents began training to conduct asylum interviews in late April, but agents have now deployed to family detention facilities for the first time.

As a result, Border Patrol agents — law enforcement personnel who detain migrant families at the border — will also have authority to decide whether those families have a “credible fear” of being persecuted in their home countries.

Customs and Border Protection has provided few details about the Border Patrol asylum training and has not publicly acknowledged whether agents have yielded significantly lower approval rates than federal asylum officers, but internal communications and other official documents obtained by The Times indicate early problems with the program.

The Citizenship and Immigration Services personnel requested anonymity for fear of retaliation. Neither the agency nor Customs and Border Protection, the Border Patrol’s parent agency, responded to requests for comment by deadline.

Agents at Dilley are not wearing the Border Patrol’s well-known olive-green uniforms, and are identifying themselves to migrant families and children as asylum officers, said Shay Fluharty, an attorney with the Dilley Pro Bono Project, who has been in interviews conducted by the agents.

“It’s creating significant strain for our clients — not just because [agents are] unprepared and untrained,” Fluharty told The Times. “We understand that the intention is to significantly limit asylum officers who are conducting these interviews and have them be primarily conducted by Border Patrol.”

The Trump administration’s ultimate goal with the Border Patrol training program is to make it more difficult for migrants to win asylum, according to asylum officers, officials and lawyers, because White House officials believe agents will be more adversarial and less likely to approve asylum requests. Actual asylum officers work under Citizenship and Immigration Services, the Homeland Security agency that administers the legal immigration system and benefits.

Under Homeland Security regulations, the credible-fear interview must be conducted in a “non-adversarial manner.”

Michael Knowles, special representative for the federal asylum officers’ union, said many members are concerned about the use of law enforcement personnel for crucial interviews with people seeking refuge. Neither the union nor its officers have been given official notice of or explanation for the shift, Knowles said.

“I don’t mean to denigrate the proper and legitimate role of Border Patrol, but it’s different,” Knowles said. “They’re not trained and geared toward refugee protection, any more than I’m trained to go look for tracks in the desert and chase people.”

Brandon Judd, president of the National Border Patrol Council, confirmed that agents were undergoing training in which they conducted credible-fear interviews with family units. But he pushed back against the idea that Border Patrol agents would be “tougher” against asylum seekers.

“I’ve personally had conversations with both President Trump and Stephen Miller,” Judd said. “It’s always been my understanding that the reason to have Border Patrol agents do the credible-fear interviews is to ensure the asylum process begins at the earliest practicable moment…. The narrative being painted that Border Patrol agents will deport more persons doesn’t hold water.”

According to a Customs and Border Protection training timeline obtained by The Times, 10 Border Patrol agents from the El Centro sector in California began training to do credible-fear interviews in April, and by August a total of 60 agents were due to conduct their first credible-fear interviews. A new group started training in early September, according to Citizenship and Immigration Services personnel.

The agents are all “nonbargaining employees,” meaning they are not members of a union.

The timeline states three times that “additional training will be required” if the Border Patrol role in asylum interviews expands to family units. Homeland Security officials also assured congressional staffers in August that the Border Patrol was not going to cover family units because of that requirement, a Senate Homeland Security and Governmental Affairs committee aide told The Times. Department officials did not inform the committee they’d be deploying agents to family detention centers.

It’s unclear whether the agents sent to the detention center in Dilley received additional training, or whether any Citizenship and Immigration Services asylum officers will remain at the facility after they finish instructing the agents. Several officers have already been reassigned.

According to separate records obtained by The Times, as of last month, Border Patrol agents had completed 178 credible-fear screenings with asylum seekers from more than 15 countries — all of whom were single adults. Agents determined 54% met the credible-fear standard and 35% did not. They closed 11% of the cases without making a determination.

While the newly trained Border Patrol agents have yet to complete many screenings, that’s a far lower approval rate than is typical for initial interviews. Congress deliberately set a low standard for “credible fear” in order to ensure that the U.S. government did not return people to potential harm, and roughly 80% of asylum seekers pass the first interview.

Ultimately, only about 1 in 5 asylum seekers wins their case, according to the Justice Department. The Trump administration cites that disparity to argue that most asylum seekers have fraudulent cases, and the president frequently disparages asylum as a “hoax.” He also has lamented that Border Patrol and military personnel are restricted from getting “rough” with migrants.

Advocates argue that the disparity only shows how difficult it is to win the right to stay in the United States. With the backlog of immigration cases now surpassing 1 million, a final decision can take years.

The asylum division at Citizenship and Immigration Services has faced heavy pressure from the White House and from Ken Cuccinelli, who was named acting director of the agency in June.

John Lafferty, asylum division chief for six years, recently was reassigned to a service center and replaced on an acting basis by Andrew Davidson, who oversaw fraud detection.

Lafferty was outspoken about his directorate being forced to implement dramatic changes to U.S. immigration policy with what he said was little to no advance notice or consultation. Knowles, the union representative, called Lafferty’s reassignment “diplomatic exile.”

All decisions made so far by Border Patrol agents at the “credible fear” stage have been reviewed by a supervisory asylum officer before they were issued, according to the records obtained by The Times.

But critics of the training program worry that the administration will use it to get around requirements for asylum officers and supervisors to have special training and extensive experience — with comparatively inexperienced and less-trained Border Patrol agents in effect policing themselves rather than having their decisions reviewed by a Citizenship and Immigration Services supervisory officer.

Based on internal communications obtained by The Times, Border Patrol agents appear to have already stepped outside their allowed roles.

Last week, Ashley Caudill-Mirillo, deputy chief of the asylum division at Citizenship and Immigration Services, wrote to leaders in the field stressing that agents could only screen credible-fear claims from the Northern Triangle countries of El Salvador, Honduras and Guatemala and “under no circumstances” should they interview Cubans.

“There are no exceptions to this rule,” she said, adding that officials “may follow up with you if it is found these assignments occurred in the event we are asked to explain.”

Fluharty said she and her colleagues have witnessed a range of issues. The handful of Border Patrol agents deployed to Dilley are all male, effectively preventing clients who’ve suffered from severe sexual or gender-based violence from requesting a female asylum officer.

Some agents are conducting interviews over the phone — a first at Dilley, where all screenings had previously been in-person — and with children as young as 6 years old. Other screenings are lasting far longer than normal, more than six hours.

And agents are consistently asking irrelevant questions, while leaving out the most critical ones, she said.

“It’s most difficult for families who have to share really traumatic experiences under really stressful circumstances,” she said, “And now with someone without the appropriate knowledge or training.”

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

Simply outrageous! This is a direct result of the stunning cowardice of the Supremes’ majority and U.S. Circuit Court Judges who have “tanked” by failing to take a strong stand against the Administration’s constant perversion of immigration statutes and constitutional Due Process and Equal Protection.

 

How spineless! Asylum Officers (and some U.S. Immigration Judges), who are mere Civil Servants, are willing to put their careers and livelihood on the line to speak up against the Administration’s abuses, but life-tenured Federal Judges who, unlike Asylum Officers, are protected from political retaliation are afraid to do their sworn duty!

 

The specific intent behind the Asylum Officer statutory requirement was to insure that impartial, specially trained asylum professionals, oriented toward protection, NOT LAW ENFORCEMENT AGENTS, handle the “credible fear” process.

Just think about the recent gender-based asylum grant described in yesterday’s blog.

https://immigrationcourtside.com/2019/09/19/the-good-news-gender-based-asylum-claims-continue-to-win-in-the-post-a-b-era-the-bad-news-applicants-subjected-to-let-em-die-in-mexico-compl/

What’s the chance that a hastily trained Border Patrol Agent would recognize such a potentially successful claim in the “credible fear” process? Not much! This is a serious, life threatening, intentionally created defect in the system, reflecting malicious intent on the part of Trump and his DHS sycophants, that the Article IIIs are sweeping under the carpet by not requiring that the Trump Administration must follow the Constitution and the immigration statutes protecting asylum seekers.

PWS

 

09-20-19