GONZO’S WORLD: APOCALYPTO BLASTS FEDERAL JUDGES WHO STAND UP TO ADMINISTRATION’S LAWLESS BEHAVIOR — Expresses Confidence That GOP’s “Bought & Paid For” Justices On Supremes Will Crush Rule Of Law & Stomp Out Judicial Independence!

https://www.politico.com/story/2018/03/10/jeff-sessions-federal-judges-trump-agenda-453116

Brent D. Griffiths reports for Politico:

. . . .

A former conservative stalwart in the Senate, the attorney general acknowledged that some Republicans sought similar legal battles on friendly turf, in states like Texas, during Obama’s time in office, in a process known as forum shopping. But with Trump now in the White House, it is liberals who are hoping for advantages in places like California and Hawaii. The Obama administration failed to convince the Louisiana-based Fifth Circuit Court of Appeals to strike down an injunction against DACA with a similar argument.

The Supreme Court has not weighed in definitely on the topic of nationwide injunctions; instead justices have ruled on the particulars of a specific case. But Sessions is optimistic that the highest court in the land will soon issue a brush back to would-be legal resisters. A federal appeals court can overturn or limit the scope of an injunction.

“We are hopeful that the Supreme Court will soon send a clear message to the lower courts that injunctions ought to be limited to the parties of the case,” he said.

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Read the complete article at the link.

I don’t remember Ol’ Gonzo giving impassioned speeches on the floor of the Senate against a single Federal Judge’s decision to block the Obama DAPA plan!

So, according to Gonzo, every individual who suffers from the Administration’s daily misinterpretations and intentional misapplications of the Constitution and Federal statutes should have to bring an individual suit. Sounds like a judicial nightmare and a way for the Executive to co-opt the Federal Courts, the only branch of Government that their patsies and sycophants don’t yet control (but the Administration is certainly working on “dumbing down” the Federal Judiciary with its appointees).

As I’ve pointed out before, the GOP appointees to the Supremes have a choice to make. Trump, Sessions, the Koch Bros, and other GOP bigwigs are publicly making it clear that the GOP considers them to be “bought men”  (no women in this group) who can be counted on to dance to the tune of their benefactors.

The Supremes turn down of Gonzo’s outrageous scofflaw request to short-circuit the legal system on Dreamers gave the Court a little momentary credibility. But, that’s been offset by their handling of the travel ban cases and their shrug-off of the major Constitutional violations in the “New American Gulag” in Jennings v. Rodriguez.

In particular, the obtuse, tone-deaf, legally bankrupt position of Justices Thomas and Gorsuch in Jennings showed an unseemly eagerness to stomp on the individual rights of the people to please their Fat Cat political “handlers.” America deserves better from two of the life-tenured judges serving on our highest Court! Perhaps if they or their families had spent some time in “the Gulag” it would help “clarify” their fuzzy thinking and get them over some of their highly bogus jurisdictional roadblocks to doing justice . . . .

PWS

03-11-17

 

 

 

 

NEW SCHOLARSHIP FROM PROFESSOR RUTH ELLEN WASEM, LBJ SCHOOL @ UT TAKES ON PROBLEMS OF 21ST CENTURY IMMIGRATION GOVERNANCE — “Immigration is not a program to be administered; rather, it is a phenomenon to be managed.”

Immigration Governance for the Twenty-First

Ruth Ellen Wasem The University of Texas at Austin

6 Journal on Migration and Human Security  97 (2018)

KEY QUOTE:

Even with fragmented governance and strained resources, the US immigration system has enjoyed successes. Each year, approximately one million foreign nationals legally become permanent residents in the United States. In FY 2015 and FY 2016, the Bureau of Consular Affairs issued over 10 million visas each year to foreign nationals coming to the United States as nonimmigrants (i.e., for a temporary purpose and a temporary period of time) and over half a million visas to LPRs (Bureau of Consular Affairs 2017). CBP admitted almost 77 million foreign nationals as nonimmigrant admissions to the United States in FY 2015 (Office of Immigration Statistics 2016). That year, DOL processed 711,820 employer applications for 1,580,778 positions for temporary and permanent labor certifications Immigration Governance for the Twenty-First Century 117 (Office of Foreign Labor Certification 2016). In FY 2015, there were 730,259 LPRs who became US citizens. That same year, the United States admitted 69,920 refugees, and USCIS approved 26,124 asylees. DHS apprehended 462,388 foreign nationals and deported 444,431 foreign nationals in FY 2015. Another 253,509 foreign nationals were denied entry, and 129,122 foreign nationals returned home without a formal order of removal (Office of Immigration Statistics 2016). In FY 2016, EOIR judges received 328,122 cases and completed 273,390, including those of 8,726 foreign nationals who were granted asylum (EOIR 2017). Considerable credit is due to the people carrying out immigration-related responsibilities across the federal government.

Immigration is not a program to be administered; rather, it is a phenomenon to be managed. While there are limits to how much one government can control migration, the building blocks in Figure 3 offer a reasonable set of priorities. Effective immigration governance, coupled with laws and policies that incorporate the national interests, is key to maintaining a robust sovereign nation.

Get the entire article, which I highly recommend, at this link:

Wasem,ImmigrationGovernance21st Century

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Words of wisdom, to be sure. If only our policy makers had the same degree of understanding.

Today, we operate on an illusion that a few folks sitting in Washington, D.C. can “pull all the strings” to seal borders, override market forces, ignore international conditions and agreements, change behavior in foreign countries, and dominate forces of human migration that have been at work since before all of us were born and will continue long after we’re all gone. It’s a toxic mix of arrogance and ignorance that will leave immigration and refugee policy in tatters for years to come.

I can only hope that there are those out there in the upcoming generations who will bring to the immigration phenomenon practical scholarship, reason, humanity, fairness, and better ideas on management of our laws for the benefit of our country and humanity as a whole.

PWS

03-07-18

SLAMMED AGAIN! — 4TH CIR. FINDS CLEAR ANTI-MUSLIM BIAS IN AGAIN REJECTING TRUMP’S BOGUS TRAVEL BAN! — SUPREMES WILL HAVE LAST WORD!

https://www.buzzfeed.com/zoetillman/a-federal-appeals-court-ruled-that-trumps-third-travel-ban

Zoe Tillman reports for BuzzFeed News:

“A federal appeals court on Thursday ruled that President Donald Trump’s third attempt at a travel ban is likely unconstitutional, writing that it “continues to exhibit a primarily religious anti-Muslim objective.”

The US Court of Appeals for the 4th Circuit upheld a lower court injunction that blocked the Trump administration from enforcing key parts of the travel ban, but put its order on hold while the US Supreme Court takes up the issue of the ban.

The president’s third travel ban is already before the Supreme Court, after the 9th Circuit ruled in December that it violated federal law. The 9th Circuit did not rule on the issue addressed by the 4th Circuit — whether the ban amounts to religious discrimination in violation of the US Constitution’s Establishment Clause — but the justices asked for briefing on the constitutional question as well.

The 4th Circuit sided in favor of the groups challenging the ban in a 9–4 decision. Chief Judge Roger Gregory wrote in the majority opinion that the government’s “proffered rationale for the Proclamation lies at odds with the statements of the President himself.”

“Plaintiffs here do not just plausibly allege with particularity that the Proclamation’s purpose is driven by anti-Muslim bias, they offer undisputed evidence of such bias: the words of the President,” Gregory wrote.

Gregory cited Trump’s “disparaging comments and tweets regarding Muslims,” the president’s repeated references to a Muslim ban, the fact that Trump’s previous travel bans were focused on majority-Muslim countries, and statements by Trump and his advisers that the latest order has the same goals as the previous ones.

A Justice Department spokesman did not immediately return a request for comment.

Cecillia Wang, deputy legal director of the American Civil Liberties Union, who argued the case for the travel ban challengers in the 4th Circuit, said in a statement, that, “President Trump’s third illegal attempt to denigrate and discriminate against Muslims through an immigration ban has failed in court yet again. It’s no surprise. The Constitution prohibits government actions hostile to a religion.”

After federal courts struck down the president’s first two attempts at a travel ban, Trump on Sept. 24 signed the latest set of travel restrictions. It in large part suspended travel to the US by nationals of five majority-Muslim countries covered under the previous travel bans — Iran, Libya, Somalia, Syria, and Yemen — as well as two new countries, Chad and North Korea. The presidential proclamation also placed travel restrictions on certain government officials in Venezuela and their family members.

In October, federal judges in Hawaii and Maryland issued injunctions blocking enforcement of the ban, which the Trump administration appealed. The Supreme Court issued an order on Dec. 4 allowing the ban to go fully into effect while the appeals in the 9th Circuit and the 4th Circuit went forward. The justices wrote at the time that it expected that the appeals courts would rule “with appropriate dispatch.”

The 9th Circuit, which heard arguments on Dec. 6, issued its opinion on Dec. 20. But the 4th Circuit, which heard arguments two days later, did not rule until Thursday.

Gregory wrote in the main opinion that even if the proclamation was “facially legitimate” — that the text on its face didn’t run afoul of the constitution — it failed the test of whether the government had a “bona fide” reason for adopting it. The administration argued that the proclamation was rooted in national security concerns, but Gregory wrote that Trump’s statements undermined that.

Gregory said that even setting aside Trump’s statements during the campaign calling for a Muslim ban, the president had continued to make statements that “convey the primary purpose of the Proclamation—to exclude Muslims from the United States.” He quoted Trump’s tweets supporting his original travel ban executive order, which multiple courts determined was likely unconstitutional, as well as a tweet expressing support for an unverified story about a general who killed Muslims using bullets dipped in pig’s blood and his retweets of anti-Muslim videos.

“Plaintiffs offer undisputed evidence that the President of the United States has openly and often expressed his desire to ban those of Islamic faith from entering the United States. The Proclamation is thus not only a likely Establishment Clause violation, but also strikes at the basic notion that the government may not act based on ‘religious animosity,'” Gregory wrote.

The court upheld US District Judge Theodore Chuang’s preliminary injunction, which blocked enforcement of the proclamation’s travel restrictions with respect to nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen who have a “credible claim of a bona fide relationship with a person or entity in the United States.”

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The Administration continues to trip over the out of court statements by Trump and his sleazy subordinates which reveal the real agenda of bias and  hate beneath his actions.

No matter how the Supremes come out (and Trump could win the cherished right to discriminate and carry out his bogus hate agenda) the stain on America being caused by Trump, Sessions, Miller, the other White Nationalists, and their supporters and enablers will take a long time to wash away!

PWS

02-15-15

ENJOINED AGAIN: US DISTRICT JUDGE IN EDNY ALSO TEMPORARILY HALTS DACA REPEAL — FINDS GONZO’s “LEGAL” RATIONALE “PLAINLY INCORRECT!”

https://www.cnn.com/2018/02/13/politics/federal-judge-daca/index.html

Ariane de Vogue Reports for CNN:

(CNN)A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

Success for Harvard medical students in DACA could mean their parents are deported
Success for Harvard medical students in DACA could mean their parents are deported
Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.
Trump last year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the US as children to stay in the country, effective March 5. That deadline has become central in the congressional debate over immigration, but Democrats and Republicans are nowhere near a breakthrough.
Tuesday’s ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied.
“Defendants indisputably can end the DACA program,” Garaufis wrote, referring to the Trump administration. “The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so.”
The judge said that the decision to end the program was based in part on the “plainly incorrect factual premise” that the program was illegal.
“Today’s ruling shows that courts across the country agree that Trump’s termination of DACA was not just immoral, but unlawful as well,” said Karen Tumlin of the National Immigration Law Center.
This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration’s appeal of the related case.
The Justice Department said it maintains that the administration acted “within its lawful authority” in deciding to end DACA and will “vigorously defend this position.”
“DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress,” the Justice Department said in a statement. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens.”
Impact on immigration negotiations
Sen. Thom Tillis, R-North Carolina, urged lawmakers to “focus” on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time.
“We should still focus on the March 5 date,” Tillis said on Fox News Tuesday afternoon. “The reality is, unless there’s any action by the Supreme Court, looks like we have some number of weeks following March 5 to solve the problem.”
Judge brought up “Norway” comments
In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President’s “recurring, redundant drumbeat of anti-Latino commentary.”
“It’s not just an ad hoc comment that was overheard on an open mic,” the judge said. “It’s not just that somebody at INS said something derogatory about Mexicans. This came from the top.”
Garaufis was responding to a question regarding Trump’s comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.
CNN’s Laura Jarrett contributed to this report.

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Who knows how this eventually will end if Congress doesn’t solve the problem? I certainly can imagine a conservative majority of the Supremes cooking up a way to empower Trump and dump on the Dreamers.

But, no matter how this comes out, it’s never been about the “rule of law,” border security, or protecting Americans. Indeed, every commentator who isn’t Jeff Sessions or one of his White Nationalist xenophobic buddies agrees that ending DACA and removing “Dreamers” would make America a worse place in every possible way.

No, it’s always been about White Nationalism, racism, xenophobia, dividing America, and the general alt right “agenda of hate and intolerance” which has been what Sessions and those like him are all about. And, he’s not even a very good lawyer, taking most of his bogus so-called “legal arguments” off of “cue cards” prepared  for him by restrictionist interest groups.

And racist, xenophobic statements by Trump himself continue to undermine the DOJ attorneys’ arguments that there is some type of “rational basis” for Trump immigration policies.

PWS

02-13-17

ON SATURDAY, “COURTSIDE” & SLATE’S JEREMY STAHL GAVE YOU THE “REAL LOWDOWN” ON AAG RACHEL BRAND’S “FLIGHT FROM JUSTICE!” — Two Days Later, NBC News Confirms What We Already Said!

Here’s a link to the prior blog on immigrationcourtside.com:

https://wp.me/p8eeJm-26R

Here’s the NBC report by one of my favorite Washington reporters, Julia Edwards Ainsley:

http://nbcnews.to/2CfKuHi

Julia reports:

“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.

Sources: Brand left DOJ over fear of overseeing Russia probe 3:40

As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

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

Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.

While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.”  Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.

But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the  LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).

Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”

PWS

02-12-18

 

 

 

WASHPOST WONKBLOG: THE REAL STAKES IN THE TRUMP GOP RESTRICTIONIST IMMIGRATION PROPOSAL – AN ADDITIONAL 1-5 YEARS OF WHITE SUPREMACY! — “By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families.”

https://www.washingtonpost.com/news/wonk/wp/2018/02/06/trump-immigration-plan-could-keep-whites-in-u-s-majority-for-up-to-five-more-years/?hpid=hp_rhp-top-table-main_wonk-trumpimmigration-1215pm%3Ahomepage%2Fstory&utm_term=.39256eab8ac1

“President Trump’s proposal to cut legal immigration rates would delay the date that white Americans become a minority of the population by as few as one or as many as five additional years, according to an analysis by The Washington Post.

The plan, released by the White House last month, would scale back a program that allows people residing in the United States to sponsor family members living abroad for green cards, and would eliminate the “diversity visa program” that benefits immigrants in countries with historically low levels of migration to the United States. Together, the changes would disproportionately affect immigrants from Latin America and Africa.

The Census Bureau projects that minority groups will outnumber non-Hispanic whites in the United States in 2044. The Post’s analysis projects that, were Trump’s plan to be carried out, the date would be between 2045 and 2049, depending on how parts of it are implemented.

(The Post’s methodology for estimating the annual impact of Trump’s proposed cuts is explained in more detail at the bottom of this story. Projecting this far into the future entails certain assumptions that could alter the range, but demographic experts said The Post’s approach was reasonable.)

All told, the proposal could cut off entry for more than 20 million legal immigrants over the next four decades. The change could have profound effects on the size of the U.S. population and its composition, altering projections for economic growth and the age of the nation’s workforce, as well as shaping its politics and culture, demographers and immigration experts say.

“By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families,” said Michael Clemens, an economist at the Center for Global Development, a think tank that has been critical of the proposal. “Selectively blocking immigrant groups changes who America is. This is the biggest attempt in a century to do that.”

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Read the complete article, along with supporting “wonkie” stats, at the above link.

Yup! It is, and probably always has been, about White Nationalism and racism! Trump and his gang have just made it “fashionable” to be overtly racist again.

And, make no mistake about it, the REAL targets here are African American and Latino American citizens —  immigrants are just a subterfuge. After all, if African Americans and Latinos were “good for America” why wouldn’t we want more of them and their families?

No, as Trumpie let on in his White House debacle, it’s all about trying (futilely) to make America “more White like Norway.” “Making America Great Again”  is not so subtile “code language” for “Making America White Again.” Trump and his restrictionist cronies and misguided followers are not good for the future of America, or for the world.

PWS

02-06-18

GONZO’S WORLD: NO DEFENSE! – SESSIONS MIA AS TRUMP AND GOP ATTACK INTEGRITY OF DOJ!

https://www.newsmax.com/politics/attorney-general-department-of-justice-the-new-york-times-doj/2018/02/05/id/841477/

Brian Freeman reports for Newsmax:

“Even as President Donald Trump has led the most prolonged and public attack on the Justice Department in history, Attorney General Jeff Sessions has broken a long tradition of those in his position of protecting the institution from such interference by remaining largely silent, The New York Times reported Monday.

“What is unusual is the FBI and the Justice Department being attacked, the president leading the charge and the attorney general missing in action,” said Harvard Law Prof. Jack Goldsmith, who headed the Justice Department’s Office of Legal Counsel under President Geoerge W. Bush. “Why isn’t he sticking up for the department?”

Many prosecutors say Sessions’ tepid response is deflating morale among department employees and has increased fears prosecutors cannot depend on protection from political interference.

“Attorneys general swear an oath to protect and defend the Constitution, not the president,” said Matthew Axelrod, a former Justice Department official who is a partner at Linklaters. “Institutions like the DOJ rely on their leaders to be a voice that defends them. It’s critically important to this institution that its leadership have its back.”

Although the Business Insider reported Sessions did praise his second-in-command Rod Rosenstein hours before the disputed Devin Nunes memo was released Friday by saying he represents “the kind of quality and leadership we want in the department” and he had “great confidence in the men and women of this department,” many commentators said that backing was quite meager when he added, “But no department is perfect.”

One such previous example often cited of far more courageous and strong backing is when ailing attorney general John Ashcroft from his hospital bed allowed his acting replacement, James Comey, to defy the Bush administration over a surveillance program that Justice Department lawyers had called unconstitutional.

Sessions, who has been heavily and publicly criticized by Trump in the past year, declined to comment to the Times.

“Sessions’ silence is evidence that Trump’s public neutering of anyone close to this investigation is working,” said Paul Pelletier, a Democratic candidate for Congress in Virginia who was a long-time federal prosecutor. “It is deleterious to the whole criminal justice process.”

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The law enforcement community might have thought that they were getting a strong defender/advocate in the right-winger Sessions. After all, he’s out to bust those recreational legalized marijuana users and hard-working maids and janitors who have been in the U.S. without documents for decades waiting for the immigration reform that never came because he helped block it in the Senate.

But, what they actually got was a disingenuous “Gonzo Apocalypto” White Nationalist interested primarily in advancing his racially inspired agenda at the expense of the U.S. justice system and anyone who might stand in the way. Oh yeah, and a guy who is also very interested in “covering his own tail.” That’s why he didn’t hesitate to hire DC Lawyer Chuck Cooper to defend him once his continuing “memory lapses” came to light in the Russia investigation and things started “hitting the fan.”

A guy with no time for the rights of African-Americans Latinos, Immigrants, LGBTQ Americans, women, or apparently his subordinates and employees at the DOJ seems to have an excellent sense of his own rights and self-preservation. And, he isn’t so silent when it comes to an opportunity for slandering and diminishing the achievements of DACA recipients, Immigrants, sanctuary cities, asylum seekers, or people of color who are supposed to be entitled to justice and protection from his more or less “Whites only” DOJ.

PWS

02-06-18

 

THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

USCIS: seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.

USCIS will follow these priorities when scheduling affirmative asylum interviews:

  1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
  2. Applications pending 21 days or less since filing; and
  3. All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

  • Note:  When this policy has trapped pending cases in an infinite backlog in the past, mandamus actions were often used to get cases scheduled

 

ICE is about to start tracking license plates across the US

The Verge: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

 

Extension of Syrian TPS

USCIS: Secretary Nielsen determined that the ongoing armed conflict and extraordinary conditions that support Syria’s designation for TPS continue to exist. Therefore, pursuant to the statute she has extended Syria’s TPS designation for 18 months.

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….” AILA Doc. No. 18013140.

 

Immigration Legislation Attempts

 

DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.

DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review. AILA Doc. No. 18013001

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18). AILA Doc. No. 18020137

 

BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes

The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018). AILA Doc. No. 18013031

 

BIA Orders Respondent Detained without Bond Due to DUIs

The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018). AILA Doc. No. 18020239

 

BIA Holds Leaving Scene of Accident Not a CIMT

Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17) AILA Doc. No. 18020203

 

BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17). AILA Doc. No. 18013042

 

CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group

The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18). AILA Doc. No. 18013135

 

CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony

The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18). AILA Doc. No. 18013132

 

CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility

The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18). AILA Doc. No. 18013134

 

CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum

The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18). AILA Doc. No. 18020134

 

CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief

The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18). AILA Doc. No. 18020132

 

CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings

The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18). AILA Doc. No. 18013036

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18). AILA Doc. No. 18020135

 

CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT

The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18). AILA Doc. No. 18020260

 

Texas and Other States File Amicus Brief Challenging Injunction Against DACA Rescission

Texas and several other states filed an amicus brief with the Supreme Court arguing that the Court should reverse the district court’s 1/9/18 order enjoining the rescission of the DACA program. (DHS v. Regents of the University of California, 1/25/18) AILA Doc. No. 17091102

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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PWS

02-05-18

GOP WONKSTER CARLOS BONILLA WONDERS WHEN “1st GENERATION AMERICANS” BECAME “ANCHOR BABIES,” “FAMILY REUNIFICATION” BECAME “CHAIN MIGRATION,” & “THE AMERICAN DREAM” WAS REPLACED BY THE GOP WHITE NATIONALIST RACIST AGENDA? — “We Used To Be Called First Generation Americans, But ‘Anchor Baby’ Apparently Resonates Better For Fearmongering Purposes.”

https://www.washingtonpost.com/news/posteverything/wp/2018/01/31/the-immigration-rules-president-trump-wants-would-have-crushed-my-family/

Bonilla writes in the Washington Post:

“After my father died in Honduras in 1990, I sponsored my widowed mother for permanent residency in the United States. She was 67 years old, I was her only child, and my three children were her only grandchildren. Of course I had to bring her here.

I was doing what most children with aging parents, in any country, try to do: take care of them as they once took care of us. Fortunately, the wisdom of U.S. immigration law at the time allowed her to enter with a green card under the family reunification visa preference, now under attack as “chain migration” by opponents of legal immigration, including President Trump. I was able to sponsor her because I was a U.S. citizen, born and raised here. No doubt some would consider me an “anchor baby,” although my nonimmigrant parents were here legally when I was born. We used to be called first-generation Americans, but “anchor baby” apparently resonates better for fearmongering purposes.

The Trump administration’s proposals to change the U.S. immigration system and end most family reunification preferences would have kept me from helping my mother, and if they become law, they’ll keep countless Americans from doing the same for their loved ones. The president wants to end visa preferences for parents, adult children and siblings of immigrants — only minor children or spouses would qualify for family visas. In Tuesday night’s State of the Union address, Trump said that he would protect “the nuclear family” and that the changes he’s proposed are necessary for “our security, and for the future of America.” But his rules wouldn’t have protected my family, or our future, at all. In my case, bringing my mother here had a profound impact on my life and those of my children — and no one would have been better off if immigration law had forced her to stay in Honduras.

CONTENT FROM CHILDREN’S NATIONAL
“There was constant anxiety. He would accuse people of not being careful enough [with food]. He was scared something could happen and that he could have a reaction.”
Read More
[For 50 years, keeping families together has been central to U.S. immigration policy]

In 1996, after going through a divorce, I found myself a single father, trying to raise three tweens and teens on my own, wondering how I would handle work and family obligations. My mother saved my life. In many ways, she saved my children’s lives as well. She was the after-school presence, always there to greet them and keep them out of trouble. We did a good job: All three graduated from good colleges — the University of Pennsylvania, Duke and the University of Pittsburgh. They’ve all gone on to successful careers in education, technology and real estate.

Without my mother here, I would have had to decline the greatest professional opportunity of my life in 2001: the chance to work in the White House as a special assistant for economic policy to President George W. Bush. What had been a few hours a day of after-school care that my mother handled became many hours a day and often late nights, as anyone who has worked in the White House will attest. Had she not been here, I could never have met the demands of that job with kids in high school.

In 2002, we celebrated my mother obtaining her U.S. citizenship with lunch in the White House Mess. We sat there and wished my father had lived to see this — his son working in the White House. My father, born to a single mother in a poor mountain town in Honduras, got a college education only because Rotary International gave him a scholarship at age 27 to study in the United States. He went on to get a master’s degree in economics, the same trade that brought me to the White House’s National Economic Council.

In some ways, mine was an atypical foreign family: My parents spent 20 years working here on G-4 visas , which are granted to employees of international organizations such as the International Monetary Fund and the Inter-American Development Bank, where they worked before taking overseas posts and ultimately retiring in Honduras. In other ways, though, we were the stereotypical American immigrant story: They came here to improve their lot in life. They were luckier than most and better educated than many. But that education took place only after my parents got here. They came with a high school education and no assets. They left this world with much more, but you couldn’t have predicted that when they first arrived in the United States.

[How ‘chain migration’ brought us the Trump White House]

Now the Trump administration is deriding family reunification as “chain migration,” a term intended to belittle the contributions that immigrants and their families make. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump claimed Tuesday — a claim that isn’t true, as current law only allows citizens or permanent residents to sponsor immediate relatives. Some of the president’s allies, such as Rep. Steve King (R-Iowa), don’t even want people like me to be citizens in the first place: My parents were not citizens or permanent residents when I was born, and King has introduced legislation to prevent children of people like them from becoming citizens at birth. Under these visions for America, I would not have been able to work in the White House; I would not have been able to sponsor my mother for permanent residency; and my mother would have been unable to help me and my children accomplish what we have accomplished.

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I ask only that people look at me and my family, especially my mother, as part of the positive impact that immigrants have in America. Both of my parents were born in Honduras (no doubt one of the places the president had in mind when he made a scatological reference to the countries of origin of many immigrants). Thanks to the compassion and vision of our current policies, though, my mother made a lasting contribution to our nation: the well-being and advancement of me and my three children. No one looking at us would ever think “Norwegian.” But surely they would think that we embody the American spirit.”

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Come on, Carlos! You’re a smart guy! What did you expect from a party that embraces outspoken anti-Latino, White Nationalist, racists like Steve King, Jeff Sessions, Kris Kobach, Steve Bannon, Stephen Miller, and Donald Trump?

Your achievements and past contributions are meaningless. It’s your a Brown skin, Hispanic race, and immigrant heritage that they hate and denigrate!

So, instead of asking why and lamenting the overt racism that has become a key part of the GOP agenda (just that Hispanics have replaced African-Americans as the primary target), why not do the “smart” thing and switch over to the Democratic Party where the American Dream isn’t restricted to rich White Guys?

PWS

02-04-18

TIMOTHY EAGAN @ NYT: “The Stormy Daniels Presidency” — She’s Probably Smarter, No More Dishonest, Less Biased, & A Heck Of A Lot More “Transparent” Than The Trumpster!”

Eagan writes:

“Well before The Wall Street Journal reported that a porn star with the meteorological name of Stormy Daniels was paid $130,000 to keep quiet about sex with Donald Trump, it was clear that a bigger and more crass proposition would be emerging from the White House.
Going into the midterm elections, Trump is offering this deal to his supporters: Say nothing about the lies, the bullying, the accusations of sexual misconduct from more than a dozen women, the undermining of the rule of law, the abdication of basic decency — and in turn he will make you rich.
Essentially, it’s a payoff. Trump himself has framed it this way. When asked about his coming health exam last month, he said, “It better go well, otherwise the stock market will not be happy.” He used the same phrase when talking about his hard-line position on immigration.
Both Barack Obama and Bill Clinton oversaw spectacular gains in the stock market — among the best in history. The Dow Jones industrial average rose 227 percent during Clinton’s eight years and 149 percent under Obama.
Yet, neither of those men held the market out as hostage to a backward agenda and a deranged personality. Trump is running a bottom-line presidency — as soulless as a Kremlin bot on Facebook — in which people who know better are asked to stay quiet in exchange for a short-term payoff.
Modern presidents, dating at least to Ronald Reagan, have urged voters to ask one question going into pivotal elections: Are you better off than you were before? It’s a reasonable standard. But it has never been the leverage for allowing a democracy to collapse.
You heard some uplifting words during the State of the Union address, words with all the staying power of vapor from a sewage vent. But a more honest assessment of what this presidency represents came from Trump when he was in his element, surrounded by Mar-a-Lago cronies. “You all just got a lot richer,” he told a bejeweled and pink-faced crowd just a few hours after signing the $1.5 trillion tax cut in December.
Even as Trump spoke before Congress on Tuesday, he monetized the speech, with donors paying to have their name live-streamed across a Trump campaign web page.
A cartoon in Politico showed a naked Trump with a king’s crown and a golf club walking down a red carpet. “I know, I know,” one man says to another. “Just keep thinking about your stock portfolio.”
The question for those yet to join the enablers is: What’s the price — a record stock market in which 10 percent of Americans own 84 percent of the market wealth, a tax cut that burdens the working poor in years to come — for saying nothing?
Evangelical Christians were among the first to sign on to a Stormy Daniels proposition. In the infamous words of Tony Perkins, president of the Family Research Council, Trump gets a “do-over” for the infidelity allegation. Yes, because nothing says family values like a thrice-married man who allegedly cheats on his latest wife just after she gives birth to their son. And Pat Robertson, the mush-headed moralist who still fogs up many a television screen with his gaseous utterances, told Trump last summer, “I’m so proud of everything you’re doing.”
For these self-appointed guardians of the soul, the bargain is bigger than 30 pieces of silver: It’s a promise that Trump will continue to protect their tax-exempt empires, in the name of religious freedom.
For Republicans in Congress, the pact is more consequential. They will ignore the pleadings of career law enforcement officials in order to stoke fantasies of a deep-state coup against the president. These politicians are counting on a base that will look the other way as they undermine Robert Mueller’s investigation into Russian tampering with the election.
It’s a good bet. After Trump called the American justice system “a joke” and “a laughingstock,” after he fired the F.B.I. director because he would not pledge loyalty to him, after he told another top lawman that his wife was “a loser,” after he referred to members of the intelligence community as “political hacks,” it was all quiet on the Republican front.
He can falsely say that his State of the Union speech drew the highest audience in history — in fact, it ranked ninth since 1993 — because this president has told more than 2,000 lies in a year and hasn’t been called out for them by the people who signed on to silence.
But what happens if the bargain crumbles? What if the market tanks — as the Dow did in losing more than 500 points a few days ago? Do the sycophants bail? Or do they hold out for something more — like the lobbyists now drafting legislation and gutting regulations that affect the companies that pay them?
Beware, those of you who have made your deal with the Stormy Daniels presidency. You can take your settlement money — as the people who signed up for the fraudulent Trump University did — but you still got suckered.
I invite you to follow me on Twitter (@nytegan).”

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The lack of values, intellectual honesty, and common decency from the GOP and the so-called “Evangelical right” (not much recognizable Christianity in their words and actions) is stunning, but, unfortunately, not  very surprising.

PWS

02-03-18

 

 

Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

https://www.theguardian.com/commentisfree/2018/feb/02/trump-immigration-bogeymen-ms-13-chain-migration?CMP=Share_iOSApp_Other

Paarlberg writes:

“In 1968, a British Conservative politician, Enoch Powell, made what became known as his “Rivers of Blood” speech. In it, he sounded an alarm about what he imagined to be an unchecked immigrant invasion of the United Kingdom, at a time when the country’s immigrant population had only grown from 5 to 6% in the previous decade.

Crime was low, less than one homicide per 100,000 residents, a tenth the rate of the US. Quoting a constituent, he foresaw the day when “the black man will have the whip hand over the white man”. In subsequent decades, immigration slowly inched upwards, but the scenario Powell envisioned failed to materialize.

Half a century later, we Americans live in a Powellesque moment in which politicians’ hysterical rhetoric surrounding immigration is completely at odds with the facts. President Trump, giving his own Rivers of Blood speech on Tuesday, painted a grim picture of a wave of hardened criminal immigrants, exploiting diversity visas and “chain migration”, running around the country murdering people left and right.

In reality, illegal immigration to the US is down, not up. Trump would like to take credit for this with his tough talk about walls, rapists, and “bad hombres” from Mexico, but the number of unauthorized immigrants in the country has been falling for the past decade, due not to xenophobic bluster but the Great Recession.

Net migration from Mexico is currently negative: more Mexicans are leaving the US than coming in, and have been doing so since the end of the Bush administration. In coming decades, most new immigrants to the US will not be from Latin America at all, but from China and India.

Violent crime, too, is down, way down: FBI statistics show violent crimes are just half of what they were in the early 90s. Trump would have you believe that immigrants are responsible for “tremendous amounts of crime”, but research shows immigrants commit less crime than native-born Americans.

In fact, it started in Los Angeles in the 1980s, was originally made up of adolescent stoners who listened to heavy metal, and only grew into a much larger and more vicious, officially designated “transnational gang” thanks to mass criminal deportations by the Clinton administration to poor countries that were ill-equipped to deal with the influx.

It can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. And for all the hype, MS-13 is a relatively small player here. Its estimated US membership has remained constant for the past decade at around 10,000, or less than 1% of the 1.4 million gang members in the US: far smaller than the Crips, Bloods, Latin Kings, or Aryan Brotherhood.

Even the face tattoo image is out of date; MS cliques have been discouraging members from getting them after belatedly realizing it makes them easy to identify by police.

As for the origins of this nonexistent immigrant crime wave, Trump blames “chain migration”, the more menacing nativist buzzword for family reunification, the principle on which our immigration laws are founded.

“Chain migration” is actually a conservative idea: the Immigration and Nationality Act, which was passed in 1965, was sold to immigration restrictionists as a law which would preserve mostly white immigration while doing away with the overtly racist, eugenics-inspired quota laws it replaced. Because by 1965, most immigrants to the US were from Europe, it was assumed that giving preference to family members of current immigrants would restrict immigration from other parts of the world.

After all, it is a policy which upholds the family as a unit. Families, conservatives argued, were preferable to single men. They encourage stable employment, homeownership, participation in the community, and provide a source of private, non-state welfare for needy relatives. Families are what keeps people out of trouble, the kind Trump imagines immigrants are getting into, and which may actually happen if he succeeds in taking away this base of support.

It wouldn’t be the first time US immigration policy had the opposite of its intended effect, from Johnson’s 1965 immigration law to Clinton’s criminal deportations. Similarly, Trump’s recent decision to revoke TPS protection for over 200,000 legal immigrants from Haiti and El Salvador will only increase the number of unauthorized immigrants and lead to more unauthorized immigration in the future: mass deportations mean a loss of cash remittances from those immigrants to countries whose economies are heavily dependent on them, which will only worsen unemployment and send more migrants north.

Breaking up families also creates the conditions of insecurity under which predatory gangs thrive. In Central America, deportations from the US give gangs a new vulnerable population to recruit from. In the US, the loss of family networks and raids which push migrants into the shadows give them a new vulnerable population to extort. There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

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Pretty much what I’ve been saying all along! With their toxic mixture of ignorance, arrogance, incompetence, bias, White Nationalism, and racism, Trump, Sessions, Miller, and their sycophantic followers have been destroying American communities, weakening and dissolving American society, and empowering our enemies, foreign and domestic! Other than that, they’re a great bunch of guys.

The only folks happier than MS-13 about the Trump/Sessions regime and their “sell-out” of America and American values are Vladi Putin and his Oligarchs.

PWS

02-02-18

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

TAL @ CNN: DREAMERS, DEMS FACING UP TO HARD POLITICAL REALITY – NO PRESIDENCY, NO LEGISLATIVE MAJORITY = LITTLE LEVERAGE – Acceptable Compromise Appears Doomed To Remain “Dream” – For Now!

 

http://www.cnn.com/2018/01/30/politics/democrats-vent-daca-frustrations-hispanic-caucus/index.html

“Hispanic Caucus vents at Democratic leadership over shutdown, DACA strategy

By: Tal Kopan, CNN

Hispanic Democrats on Tuesday had a combination venting and strategy session with Democratic congressional leaders as they expressed frustration that there still has not been a resolution for the Deferred Action for Childhood Arrivals program.

Senate Minority Leader Chuck Schumer got an earful about the handling of the recent government shutdown and recent comments about future strategy, members of the Congressional Hispanic Caucus said.

“I think there’s a lot of conversations about, where is our leverage and how are we going to use it?” said California Democrat Rep. Nanette Diaz Barragán.

Barragán said she specifically raised comments Schumer made in The Washington Post that “can’t just let (DACA) occupy the whole stage,” referring to Democratic strategy in red states. She said she told Schumer her community felt that sent a message they weren’t a priority.

“He stood by his comment,” Barragán said of his response. Generally, she added, “He said, ‘I can understand the pain people are feeling and the frustration’ and certainly understood why people felt disappointed in where we are today. Although I think the message is, ‘We’re better off than we were.’ So I’m not sure there’s complete agreement on all fronts.”

The “tension,” as Barragán put it, was indicative of raw nerves among the Democratic caucus about whether leadership is fully committed to using all points of leverage to push for a solution on DACA, the program being ended by President Donald Trump that protected young undocumented immigrants from deportation.

One source in the room speaking anonymously to be candid called the meeting a “waste of time” that was “all filler.”

Another called it equal parts frustration and cheerleading, with an understanding that Republicans remain the main obstacle to deal with.

Shutdown strategy

House Democratic Whip Steny Hoyer called the meeting “candid,” saying the caucus is “correctly frustrated” about the situation for recipients of DACA.

“I think there were obviously some sentiments in the meeting, as you well know, that were, ‘I’m not sure we’re following the right strategy here,'” Hoyer told reporters after the meeting. “There was a candid discussion about why the strategy was being pursued and what was being pursued and what opportunities and challenges were, I think people came out with some degree of appreciation.”

Multiple lawmakers said there was frustration as Democrats rejected government funding on a Friday but voted to reopen the government on Monday when Senate Majority Leader Mitch McConnell promised to open debate on immigration on the Senate floor in February.

Barragán noted there is no commitment to an immigration vote in the House.”It’s very frustrating on the House side because it appears there’s a different situation in the House than in the Senate, we haven’t gotten any kind of commitment on the House side,” Barragán said. “And so even though on the Senate side, Sen. Schumer talks about how they have that commitment and he believes they’re going to get a vote, I think it still fails to take into consideration that strategy on the House side.”

Rep. Luis Gutierrez, an Illinois Democrat who has long served as a voice for immigration advocates in the House, said many in the room “were disappointed” in a “lack of communication” regarding the shutdown. But he also said the focus was on moving forward.

“Democrats, we’re good at fighting and I also think we’re good at mending fences, and that’s what we’re doing here,” Gutierrez told reporters. “We’re trying to figure out a way forward. … I think (Dem leaders) are committed and this isn’t over. Look, trip, you get up and you go back to fight, but we have a clear determination, we’re going to fight for the Dreamers.”

The chairwoman of the Hispanic Caucus, Rep. Michelle Lujan Grisham, called the session a combination of strategy and “venting, productively.”

“I didn’t see it as being negative,” she said. “It was an important place to come back after a week for folks to talk about their frustrations, to talk about what they think we haven’t done well, to talk about things that we think are working and to talk about all eyes on the House. What is the House going to do, how are we going to get them to do it and where are we?”

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I think the hard answer to Rep. Michelle Lujan Grisham’s question is “You won’t get the House to ‘do what you want.'” Not as long as the GOP is in the majority, the White Nationalist/Bakuninist Block of the House GOP remains intact, and “Spineless Paul” Ryan (or any other GOP Representative) remains Speaker.

In simple terms, Dems and Dreamers, you’re going to have to win some elections and get some control to bring this to a conclusion that won’t involve “giving in” to the whole (or huge chunks of the) White Nationalist, anti-American, anti-growth restrictionist agenda! Minority parties pushing minority platforms seldom get what they want. 

Instead of uselessly “ranting” and “venting”  at each other, Dreamers and Dems need to work harder to get out the vote (a few more well-placed Hispanic, African-American, and other minority votes could have changed the results of the last election) and eventually win control of something on the national level!

Clearly, while Dreamers and their cause remain popular with the overall public, there is a “vocal minority” essentially White, racist, xenophobic “core” out there that is vehemently opposed to progress and a diverse society and puts their “hate/turn back the clock agenda” at the top of their “issues list.” That’s why most GOP legislators, particularly in the House, see little or no “downside risk” to “stiffing” Dreamers — particularly if the only “downside” is an unpopular and unsustainable “Government shutdown” by the Senate Dems.

Internal bickering is not a useful substitute for putting energy and talent into “grass-roots” organizations that appeal to voters, incorporate solutions to local and regional issues, and thereby win elections! Without “victories in the political arena,” there will be no “magic strategies” that will produce decent immigration reform — for the Dreamers or anyone else who cares about America’s future as a vibrant, forward-looking “nation of immigrants.”

 

PWS

01-31-18

STATE OF DISUNION! — TRUMP TRASHES IMMIGRANTS, THREATENS TO DESTROY CIVIL SERVICE — “[A] Flabby, Divisive Speech” From A “Shell President!”

//wapo.st/2npUucB?tid=ss_mail&utm_term=.310b0dd6e5ef

E.J. Dionne, Jr., in the Washington Post:

“President Trump leaned heavily on the stories of American heroes in his State of the Union address Tuesday night because he didn’t have much else to say. From the Coast Guard, the fire departments, the shop floor and many other quarters they came, providing structural support for a flabby speech that was one of the least adventurous and forward-looking efforts of its kind. Without the heroes, there would hardly have been any speech at all.

And while Trump opened his speech by calling on Americans “to set aside our differences, to seek out common ground,” he kept coming back to the most divisive themes of his presidency — from “chain migration” and highlighting the role of immigrants in criminality to his calls for all to stand for the flag. Trump did not so much ask his domestic adversaries to set aside their differences as to abandon their own views. Nothing in this speech will inspire his critics with new hope that Trump is serious about negotiating anything.

Trump bragged, of course, about his tax cuts, the economy, the stock market and slashing regulations. At moments, he even sounded as though he believed in activist government, calling on the country to “invest in job training,” “open great vocational schools” and to support “paid family leave.” But there were no specifics, no sense of how budgets, strained by the very tax cuts he extolled, would actually support these objectives. Words without concrete programs are words without deeds.

Similarly, he asked Congress “to produce a bill that generates at least $1.5 trillion for the new infrastructure investment our country so desperately needs.” Notice the squirrely wording — “that generates.” He didn’t say that the plan his administration has been working on would put up only $200 billion of that big number and rely either on state and local governments or private investors to provide the rest.

And as Paul Waldman noted on The Post’s Plum Line blog, the focus on private investment would “naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” The Trump plan would do little for the hurting parts of the country that supported Trump in 2016. Again, words without deeds.

There was one passage that did suggest a real change that Trump would seek, and it was an alarming idea.

“All Americans deserve accountability and respect. And that’s what we are giving to our wonderful heroes our veterans,” Trump said. “So tonight, I call on Congress to empower every Cabinet secretary with the authority to reward good workers and to remove federal employees who undermine the public trust or fail the American people.”

This sounded like an attack on the entire civil service system. It sounded like a demand by Trump that he and those who work for him have the right to fire federal employees whenever he or they feel like it. Perhaps this idea will come with safeguards, perhaps not. Trump didn’t say.

And the alarm this idea inspired among all who are not sold on Trump reflected the fundamental failure of the address. Trump rose before Congress in the shadow of an investigation into Russian collusion in our elections that he and his allies in Congress are doing all in their power to attack, discredit and obstruct.

This call to broaden Trump’s right to fire brought to mind what the president did to then-FBI Director James B. Comey and might do to special counsel Robert S. Mueller III. Nothing in this speech transformed the public conversation in a way that lessened the burden of scandal. Nothing suggested any change in Trump’s behavior that might lead him to govern less divisively.

Yes, we cheered the heroes. They remind us of what is good in our country. Alas, their selflessness stands in stark contrast to our politics in the Trump era.”

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Will America really be able to withstand three more years of this incompetent and immoral man occupying (without truly filling) the highest office in our country? Will our public institutions really be able to withstand continuing attacks by spectacularly unqualified cabinet members and a GOP that feels more kinship to Putin’s Russia than it does to the majority of Americans? Will whatever emerges from this national nightmare and mockery of the “American Dream” be something that only White Nationalists and oligarchs will recognize?

Oh yeah, the Federal Civil Service and some courageous and dedicated Civil Servants are the only things holding our Federal Government together right now! Once that’s transformed into a haven for incompetent political hacks (see Trump’s White House staff & Cabinet appointments) the descent into the abyss will be rapid and, perhaps, irreversible.

Stay tuned!

In addition to the “Trump blather,” there was some “real news” coming from Washington last night. After years of drama, the Washington Redskins will part ways with QB Kirk Cousins. They signed a 4-year, $71 million deal with Alex Smith (lately of the KC Chiefs). Smith, a 13-yr. vet and 3-time Pro Bowler, was the NFL’s top-rated QB last year.

I always liked Kirk at MSU (except when he was beating my Badgers) and Washington. He’ll be a spectacular addition to any team, and I wish him well (except when he plays the Packers or Washington)! I hope he gets a ton of money and some better pass protection, receivers, and defense than he had with Washington.

PWS

01-31-18

EUGENE ROBINSION @ WASHPOST & DAVID BROOKS @ NY TIMES: GOP IMMIGRATION RESTRICTIONISTS’ PROPOSALS TO CUT LEGAL IMMIGRATION LEVELS HAVE NO RATIONAL BASIS! – That’s Going To Be A Big Problem In Trying To Forge A “Compromise!”

https://www.washingtonpost.com/opinions/trump-is-trying-to-make-america-white-again/2018/01/29/9afa7afa-053d-11e8-8777-2a059f168dd2_story.html

Robinson writes:

“. . . .

There’s a simple question here: Do you believe in America or not?

Throughout its history, the country has accepted waves of mostly low-skilled immigrants — German, Irish, Italian, Eastern European, now Latino. There are highly skilled immigrants, too; African newcomers, for example, are better-educated than the U.S. population as a whole, and an estimated 63 percent of people holding “computer and mathematical” jobs in Silicon Valley are foreign-born. But most immigrants over the years have arrived bearing not much more than grit, ambition and a dream.

Does an influx of workers with entry-level skills tend to depress wages? That’s the wrong question. Instead, we should be asking why the federal minimum wage is so low as to be almost irrelevant.

And we should recognize that immigration gives the United States a tremendous competitive advantage. In other advanced countries, populations are aging rapidly. Immigration provides a steady stream of younger workers whose brain and brawn keep programs such as Medicare and Social Security viable.

The only coherent — if despicable — arguments for Trump’s plan are racial and cultural. The way they used to put it in the Jim Crow days was succinct: White is right.”

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https://www.nytimes.com/2018/01/29/opinion/east-germany-immigration-usa.html

Meanwhile, over at the NY Times, Brooks writes:

“. . . .

The results are just as clear as in the German case. Between 2014 and 2016 the counties that embrace diversity accounted for 72 percent of the nation’s increased economic output and two-thirds of the new jobs. The approximately 85 percent of counties that support restrictionists like Donald Trump accounted for a measly 28 percent of the growth.

Republicans’ problem is that since George W. Bush left town they’ve become the East Germans of the 21st century. They have embraced a cultural model that produces low growth and low dynamism. No wonder they want to erect a wall.

Progressives say Republicans oppose immigration because of bigotry. But it’s not that simple. It’s more accurate to say restrictionists are stuck in a mono-cultural system that undermines their own values: industry, faithfulness and self-discipline. Of course they react with defensive animosity to the immigrants who out-hustle and out-build them. You’d react negatively, too, if confronted with people who are better versions of what you wish you were yourself.”

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You can can read the complete versions of both op-eds, which I highly recommend, at the above links.

Yup!
When you’re coming from the same places as Jim Crow and the East Germans, there is no acceptable “rational basis” for the restrictionist agenda. It’s bad for America as well as for immigrants. But, it’s difficult or impossible to make rational arguments against deeply held, factually incorrect, irrational beliefs, particularly those based on racial, economic, cultural, and class bias. That’s probably why rational “immigration reform” has been, and remains, so difficult to achieve.

And, having seen thousands of migrants and their families come before me at the Arlington Immigration Court over the years, gotten to know many of their stories, and having represented immigrants, entrepreneurs, and businesses during my time in private practice, there is no doubt that Brooks is right: they “out-hustle and out-build” many of those “native-born” Americans who despise and look down on them.

And, it’s not just the doctors, professors, and top execs — folks who pound nails, lay foundations, make food, sweep floors, put on roofs , and pick our produce are also performing essential services that keep our country going — and, in many if not all cases, doing it better than the rest of us could or would. Really, how long would YOU last picking lettuce or laying shingles on a 100 degree day? And, how GOOD would you really be at it? There is more “skill” to so-called “unskilled” work than most of us in the “privileged classes” want to admit!

PWS

01-30-18