ACLU & SPLC SUE TRUMP ADMINISTRATION ON “MIGRANT REJECTION PROTOCOLS!”

https://www.bustle.com/p/this-update-on-trumps-remain-in-mexico-policy-means-its-about-to-face-a-challenge-15956331

Kavitha George reports for Bustle:

Two weeks ago, immigration authorities began to enforce a new policy that requires some asylum seekers to wait in Mexico while their claims are being processed. NPR and The Washington Post have already reported on migrant families being returned across the border by Department of Homeland Security (DHS) officials. But a new update on Trump’s “Remain in Mexico” policy means it’s about to face a legal challenge.

On Thursday, the American Civil Liberties Union (ACLU) and the Southern Poverty Law Center (SPLC) teamed up, filing a lawsuit to address the matter in Northern California’s District Court. The suit names DHS Secretary Kirstjen Nielsen, as well as numerous Customs and Border Protection (CBP) and Immigrations and Customs Enforcement (ICE) officials. Nielsen has described the policy, officially known as Migrant Protection Protocols as “a huge step forward in bringing order to chaotic migration flows, restoring the rule of law and the integrity of the United States immigration system.” Bustle has reached out to DHS and ICE for comment.

However, some civil rights organizations disagree with that characterization. “Immigration authorities are forcing asylum seekers at the southern border of the United States to return to Mexico — to regions experiencing record levels of violence,” the lawsuit reads. “By placing them in such danger, and under conditions that make if difficult if not impossible for them to prepare their cases, Defendants are depriving them of a meaningful opportunity to seek asylum.”

In its statement, the ACLU rejected the administration’s claims of an immigration crisis at the border.

Before the implementation of the new return policy, asylum-seekers would legally enter the country through a port of entry along the border, and remain in detention while they waited for a “credible fear” assessment. If they were approved, migrants could remain in the country until a future court hearing. However in 2018, CBS News reported, the Trump administration hit a record high in asylum denials, rejecting some 65 percent of applicants.

In a December statement, Nielsen described the “catch and return” policy as a way to prevent migrants trying to “game the system” by obtaining entry and then “disappear[ing] into the United States, where many skip their court dates.” In fact, according to the Department of Justice’s own data from the 2017 fiscal year, some 89 percent of asylum-seekers released into the country return for their court dates.

Under the new plan, CBS reported, migrants crossing at the San Ysidro checkpoint in San Diego, are processed and returned across the border to Tijuana with a toll-free phone number to check on their claim status. Immigration rights activists argue that this system defeats the purpose of an asylum claim for people trying to escape violence and political unrest in Central America.

“They’re just spending their time just trying to survive in Tijuana,” Aaron Reichlin-Melnick, an analyst for the American Immigration Council, told CBS. “We know that there are people who have been turned away from the border who have then been kidnapped, raped. There are likely people who have been murdered.”

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Everybody expected this, including the Trumpsters.  Stay tuned for the results.

One problem that I see right off the bat for the DHS is counsel. The immigration law guarantees individuals in removal proceedings the right to be represented by counsel of their own choice at no expense to the Government.

Not only did the Administration put these “Protocols” into operation without consulting with NGOs and pro bono groups on both sides of the border, but there have been credible reports of DHS actually harassing and impeding American lawyers going back and forth to Mexico in an attempt to provide the representation guaranteed by statute (and probably also by Due Process).

Additionally, contrary to Nielsen’s lies and misrepresentations, there really was no coordination with the Mexican Government of what steps would be taken to guarantee U.S. lawyers reasonable access to clients in Mexico. There have also been credible reports that the Mexican authorities have been uncooperative and have placed roadblocks in the way of attorneys representing asylum seekers. Add that to the fact that like Trump himself, Nielsen and DHS are well-known for lying, evading, and misrepresenting to Congress, the Federal Courts, the press, and the American people, and we have the makings for yet another in the series of “failed restrictionist initiatives” taken by the Trumpsters.

PWS

02-15-18

 

TRUMP TAKES “LIEFEST” TO EL PASO BORDER — Many Protest Against His White Nationalist Baloney! 

TRUMP TAKES “LIEFEST” TO EL PASO BORDER — Many Protest Against His White Nationalist Baloney! 

https://www.latimes.com/politics/la-na-pol-trump-beto-border-rallies-20190211-story.html

Eli Stokols & Molly Hennessy-Fiske reports for the LA Times:

President Trump falsely told a raucous rally in El Paso on Monday night that he is already building a wall on the adjacent border with Mexico, as a potential Democratic challenger assailed him at a large protest nearby and, in Washington, congressional negotiators announced a tentative funding deal without the billions he demanded for a wall.

Beneath banners reading “Finish the Wall,” Trump hailed what he called a “big, beautiful wall right on the Rio Grande,” though no such construction is known to be underway. When supporters launched into a chant of “Build the wall!” — standard at his rallies for years — Trump corrected them: “You mean finish the wall.”

The president alluded to lawmakers’ announcement of a deal, which came moments before he took the stage, but did not give it his blessing. Nor did he disparage it though one of his foremost confidants, Fox News host Sean Hannity, came on the air midway through the president’s rally and condemned the reported agreement as “this garbage compromise.”

Without the president and Congress agreeing to a border security funding bill by midnight Friday, the government could be partially shuttered again, just three weeks after a shutdown that at 35 days was the longest ever. The “agreement in principle” called for $1.375 billion for 55 miles of new barrier on the 2,000-mile border — less than a quarter of the $5.7 billion Trump demanded.

He told the crowd that he hadn’t bothered to find out the particulars of the agreement because he was eager to take the stage. “I could have stayed in there and listened, or I could have come out to the people of El Paso, Texas,” he said. “I chose you.”

Outside the El Paso County Coliseum, thousands of protesters, bundled against the evening chill, marched along the Rio Grande to a nearby park. There, El Paso’s former congressman and a possible Democratic 2020 presidential candidate, Beto O’Rourke, joined other locals who spoke of El Paso and neighboring Juarez, Mexico, as one community and expressed indignation over Trump’s false characterization of their city as a violent one in last week’s State of the Union address.

“With the eyes of the entire country upon us, all of us together are going to make our stand. Here in one of the safest cities in the United States of America — safe, not because of walls but in spite of walls,” O’Rourke said, in the sort of rousing speech that brought nationwide attention to his Senate race last year, though he lost to Republican Sen. Ted Cruz.

“Let’s own this moment and the future and show this country there’s nothing to be afraid of when it comes to the U.S.-Mexico border,” O’Rourke said to cheers. “Let’s make sure our laws, our leaders and our language reflect our values.”

Late Monday, the House-Senate committee bargaining over border security funding and trying to avert another shutdown reached an “agreement in principle,” according to Sen. Richard C. Shelby (R-Ala.), chairman of the Senate Appropriations Committee. Talks had stalled on the weekend, Republicans said, over Democrats’ demands to limit the detention of undocumented immigrants, many of them seeking asylum.

Should Congress pass a compromise, the onus would be on the president to accept it, or risk taking blame again for a partial federal shutdown. Before arriving in El Paso, Trump sought to preemptively shift blame to Democrats should the legislative effort ultimately fail. After the recent shutdown, polls showed the public put the blame squarely on him, and his approval rating slid.

With both his rally and the protest featuring O’Rourke receiving national coverage, the split-screen moment promised something of an audition of a hypothetical 2020 matchup, effectively creating a live debate between the president and a charismatic potential challenger on the issue that most animated Trump’s followers in 2016 and probably will again in his reelection bid.

Before leaving the White House, the president signaled that he too saw the dueling rallies as an early competition, with his familiar emphasis on crowd sizes. “We have a line that’s very long already,” Trump told reporters at the White House, referring to people waiting to enter his El Paso venue. He added, “I understand our competitor’s got a line too, but it’s a tiny little line.”

At his rally, Trump bragged that 10,000 supporters were inside the arena and 25,000 more were standing outside. According to the El Paso Fire Department, 6,500 people — the building’s capacity — were allowed inside, while at least 10,000 attended the protest rally. Organizers, however, had a slightly lower estimate.

“We have 35,000 people tonight and he has 200 people, 300 people,” Trump said. “Not too good. That may be the end of his presidential bid.”

While the border visit was intended as an opportunity for Trump to promote his signature issue, he wandered widely in his remarks — attacking Democrats repeatedly, including on abortion and on a so-called Green New Deal environmental platform that some are advocating, and mocking Virginia Democrats for controversies that have roiled the state’s government.

Trump’s drumbeat on immigration has yet to pay political dividends beyond his own supporters, and it has further galvanized his opponents. His fear-mongering during campaign rallies last fall over caravans of immigrants failed to prevent a Democratic wave that cost Republicans a net 40 seats and their majority in the House.

And during his State of the Union address, his incorrect portrayal of El Paso — he said it had “extremely high rates of violent crime” and was “one of our nation’s most dangerous cities” until the government built a “powerful barrier” there — touched a nerve among civic leaders and citizens.

The El Paso County Commissioners Court on Monday approved a resolution assailing the president and his administration for misinformation and lies about a “crisis situation” on the U.S.-Mexico border, and noting that the federal government said “no crisis exists” and that “fiscal year 2017 was the lowest year of illegal cross-border migration on record.”

Yet Trump, at the rally, denounced his critics and media fact-checkers who disputed his claims that existing border fencing had slashed crime rates in El Paso. “They’re full of crap when they say it doesn’t make a difference,” he said, suggesting that local officials tried to “pull the wool over everybody’s eyes” by reporting low crime rates.

Lyda Ness-Garcia, a lawyer and founder of the Women’s March of El Paso, said organizers of Monday night’s protest were motivated to counteract Trump’s “lies” about their city.

“There was a deep sense of anger in our community, from the left and the right. It’s the demonization of our border. It’s the misrepresentation that the wall made us safe when we were safe long before,” she said.

Referring to the Mexican city just over the border, Garcia added: “We’re connected to Juarez. People forget. We’re not separate. We’re one culture.”

In truth, violent crime dropped in El Paso after a peak in 1993. It was at historic lows before Congress authorized a fence along the Rio Grande in 2006. Crime began to rise again over the next four years, after the fencing went up.

The city’s Republican mayor, Dee Margo, admonished Trump after the State of the Union speech, saying during an appearance on CNN that the president’s depiction of El Paso is “not factually correct.”

Fernando Garcia, executive director of the Border Network for Human Rights, said organizers intended the march as a community celebration rather than an anti-Trump or pro-O’Rourke political event. “The administration, they didn’t believe our community would react, that people would get upset about the lies,” he said. “Our community spoke in numbers.”

Garcia noted that residents had seen the fallout from the Trump administration’s “zero tolerance” immigration policies firsthand, both in family separations and in asylum-seekers being turned away from border bridges and required to remain in Mexico while they await hearings.

In December, two Guatemalan migrant children died in Border Patrol custody in the El Paso area after seeking asylum.

“Trump has created policies and strategies that have created deep wounds in our region,” Garcia said. “We are not a violent city. We are not criminals. We are part of America and we deserve respect from this president.”

Although the protest event brought together roughly 50 local groups, O’Rourke’s political star power generated significant media coverage.

“If you’re Beto, there couldn’t be a better, more visual contrast,” said Jen Psaki, a former communications director to President Obama. “By leading a march, he gets back to his grass-roots origins and it allows him to stand toe to toe with the president of the United States and to echo a message that even local Republicans agree with. It gives him a platform and a megaphone at a beneficial time.”

Not willing to cede the moment completely to O’Rourke, Julian Castro — a former mayor of San Antonio, an Obama Cabinet member and already a declared presidential candidate — went Monday to the border checkpoint where his grandmother entered the United States as a young girl. He filmed a video denouncing the president and calling Trump’s visit to El Paso an effort “to create a circus of fear and paranoia” and “to tell lies about the border and about immigration.”

Speaking directly into the camera, Castro added, “Don’t take the bait.”

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Eli Stokols is a White House reporter based in the Los Angeles Times Washington, D.C., bureau. He is a veteran of Politico and the Wall Street Journal, where he covered the 2016 presidential campaign and then the Trump White House. A native of Irvine, Stokols grew up in a Times household and is thrilled to report for what is still his family’s hometown paper. He is also a graduate of UC Berkeley and the Columbia University Graduate School of Journalism.

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Molly Hennessy-Fiske

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Molly Hennessy-Fiske has been a staff writer for the Los Angeles Times since 2006. She won a 2018 APME International Perspective Award;2015 Overseas Press Club award; 2014 Dart award from ColumbiaUniversity; and was a finalist for the Livingston Awards and Casey Medal. She completed a Thomson Reuters fellowship in Lebanon in 2006 and a Pew fellowship in Mexico in 2004. Hennessy-Fiske grew up in Upstate New York and graduated from Harvard College. She spent last year as Middle East bureau chief before returning to cover foreign/national news as Houston bureau chief.

COMMENTS (41)

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The racist lies about immigration just keep spewing forth from Trump and his White Nationalist support groups, including the “right wingnut” media.

We’re not being invaded by foreign criminals. Actually, we’re experiencing a quite predictable and potentially manageable influx of refugees seeking to exercise their legal rights to lawfully apply for asylum in the US. Not surprising, given that we have no viable refugee program in or near the Northern Triangle and have undoubtedly contributed to the breakdown of the rule of law and society in those “failed states.” 

The idea that real criminals, terrorists, drug smugglers, or human traffickers will be stopped or even materially deterred by a Wall is beyond absurd. Walls generally “reroute migration” and kill more innocent people. Real threats to our security are laughing at Trump and his base while they view the diversion, wasted time and money, and the failure to beef up intelligence, undercover, and anti-smuggling operations as a free gift.

And, I’m sure they cheer the focus on “rounding up” and detaining asylum applicants who turn themselves in to apply for asylum (because Trump has intentionally disabled reasonable processing through legal ports of entry) instead of doing the real law enforcement work of breaking up criminal enterprises. 

“Numbers” aren’t everything, particularly when the majority of the apprehensions have little to do with criminals or other “bad guys. But, it’s easier to “chalk up big numbers” and support a bogus White Nationalist narrative about “loss of border security” by apprehending asylum applicants who are in search of ever more elusive justice in the U.S.

Unfortunately, outright fibs and bogus racist narratives seem to work for our “Lier-in-Chief!” Here is an article from today’s NY Times by native Texan Richard Parker actually suggesting that Trump succeeds because Texans are as addicted to “Tall Tales” as Trump is to “Big Lies!” In other words, a “match made in Heaven.”  https://www.nytimes.com/2019/02/12/opinion/el-paso-trump-beto.html

Rather an unhappy commentary, if true. Who am I as a “mere Badger” to say, but I would suspect that these tall tales of fake invasions and bogus fear mongering directed mostly at the growing Latino community appeal more to some Texans than to others.

Just shows the importance of the work of the New Due Process Army (“NDPA”) in defending our laws and Constitution!  Also illustrates the importance of committing ourselves to “regime change” in 2020. The immigration nonsense from Trump and his supporters and the intentional divisiveness, chaos, and anarchy that flow from it is an existential threat to our national existence  much greater than his mostly fake “border emergency.” 

PWS

02-12-19

HEAR MY LATEST PODCAST ON “GOOD LAW/BAD LAW” WITH AARON J. FREIWALD!

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Here’s the link:

http://www.law-podcast.com/

PWS

02-11-19

THE HILL: Nolan’s Take On Intelligence Report

Family Pictures
Nolan writes:
On January 29, 2019, Coats presented the Worldwide Threat Assessment of the U.S. Intelligence Community to the Senate Select Committee on Intelligence. The assessment is based on the collective insights of the intelligence community.
Although Coats arguably contradicted President Donald Trump in some areas, such as the state of North Korea’s nuclear program, he supported Trump’s claim that the flood of migrants from Central America is causing a security crisis. The assessment includes migration from Central America as one of the threats to national security.
This is not the first time the intelligence community has identified migration from Central America as a security threat. The same finding was included in the Worldwide Threat Assessment that former DNI James R. Clapper’s presented to congress in 2016, which was during the Obama Administration.
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PWS
02-09-19

PAUL WALDMAN @ WASHPOST: Why True Bipartisan Immigration Reform In Our National Interest Will Require “Regime Change:” “[I]t’s highly unlikely that we’ll achieve such reform, even reform most Republicans could live with, without both houses of Congress and the White House in Democratic hands. But that will happen sooner or later. Then we’ll see if we can get closer to a solution that everyone can live with over the long run.”

https://www.washingtonpost.com/opinions/2019/01/31/never-mind-wall-theres-more-important-question-we-need-answer/

Waldman writes:

As immigration policy hangs over the ongoing conflict over whether the government is going to remain open, there’s something missing from this discussion, something so fundamental that it’s quite remarkable that we all seem to have forgotten to even ask about it. The president is demanding his border wall, Democrats are fighting against him, and occasionally we bring up issues like the fate of the Dreamers and those here under Temporary Protected Status.

But what nobody asks is this: What kind of immigration system do we actually want?

Not what might happen in the next negotiation or what each side would be willing to give up, but what does each side see as the ultimate goal they’re working toward? If they could look forward ten or twenty years and say “This is where we should get to,” what would that look like?

It’s a vital question, because whatever we’re doing at the moment should be guided by our long-term goals. Once we understand what those goals are, we can think more clearly about where we should go after we get this whole shutdown ridiculousness behind us. And we all ought to be able to agree that there is some future we’re trying to arrive at, a point at which we have a system that works to our satisfaction and immigration isn’t something we’re constantly at each other’s throats about.

That may not be possible, but I’ll start with what liberals would like to see. There are certainly disagreements not just on the left generally but among immigration advocates as well, but there is a basic vision one can identify.

The first thing they want, of course, is to take the 11 million or so undocumented immigrants who are in the country now and give them a path to citizenship. That’s something even some Republicans agree with, and if you put requirements like learning English and paying back taxes on it, support becomes nearly universal.

Second, liberals would like to see an expansion of the legal immigration system, which is a consistent source of frustration and a driver of illegal immigration. When it can take decades to get approved to move to the United States, of course many people are going to opt for the illegal route, even if it can be dangerous and uncertain. If the legal immigration works, people will go through it and not around it.

And if you have a well-functioning legal system, you can make illegal immigration less attractive, with things like an E-Verify process that makes it harder to find work if you’re undocumented. There may always be some kind of black market for workers, but if you’re simultaneously offering people a legal path — both toward permanent residency and with temporary work visas for people who are looking only to make some money and then return to their home countries — it will be much smaller problem.

So in the liberal vision, we might end up with about the same number of immigrants coming into the country as we have now, it’s just that the overwhelming majority would be coming legally. We’d have security at the border, but we wouldn’t need ICE breaking down doors and tearing parents from their children’s arms. We’d have a robust system to evaluate asylum claims so we wouldn’t have to be throwing people in cages. We certainly wouldn’t pretend that one day there will be no more demand in the labor market for immigrant workers.

There are many Republicans who could be okay with that future, even if it wasn’t exactly what they wanted. But the conservative vision is complicated. For years, we heard Republican politicians say, “I’m for legal immigration. I’m against illegal immigration.” They may not usually have been advocating significant increases in legal immigration, but it’s important to remember that the current venomous hostility toward immigrants was not always the standard Republican position. Ronald Reagan and George W. Bush were both far friendlier toward immigrants than Donald Trump is.

Conservatives might disagree with this characterization, but as I see it, their ultimate goal is a system in which coming into the country illegally is utterly impossible, but levels of legal immigration don’t change much. In other words, we still have immigration, but the flow slows to a trickle. And the Trump administration is making attempts to drastically reduce legal immigration. With the president’s enthusiastic support, domestic policy adviser Stephen Miller is driving a nationalist agenda that seeks to drastically reduce the inflow of immigrants to the country and even looks for every possible means to deport both legal and undocumented immigrants, even if they’ve been living here for years or decades.

That’s a somewhat extreme position even within the Republican Party, but it does reflect a discomfort with immigration that is common on the right. It’s the cultural problem, the fact that many people just don’t like having contact with people who don’t look like them or don’t speak the same language they do or eat the same foods they do. Trump very skillfully played to that discomfort by essentially telling voters he could wind back the clock to the time when they were young, before all this disconcerting change happened. His targets were the people who say “I don’t recognize my country anymore,” and when he said he would make America great again, “great again” meant “like things were when you were young.”

That’s a demand that can never be satisfied, even if it’s only a portion of the Republican electorate that really dreams of an America where there are almost no new immigrants and most of those who are already here just disappear. Unfortunately, that portion currently not only controls the White House but exercises a veto over any attempt at comprehensive immigration reform, because the rest of the GOP is so terrified of them.

Which is why it’s highly unlikely that we’ll achieve such reform, even reform most Republicans could live with, without both houses of Congress and the White House in Democratic hands. But that will happen sooner or later. Then we’ll see if we can get closer to a solution that everyone can live with over the long run.

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Right on, Paul!  You “nailed” it!  Pretty much what I’ve been saying on “Courtside” all along!

However, the unlikelihood of achieving “comprehensive immigration reform” in the “Age of Trump” shouldn’t prevent the parties from working together in a bipartisan manner on “smaller fixes” such as that relating to child marriage suggested by Nolan Rappaport, posted earlier this week. See https://wp.me/p8eeJm-3Hu

Progress is progress, even by “small steps.”

PWS

02-01-19

SCOTT BIXBY @ THE DAILY BEAST: Trump Puts U.S. Immigration Courts Into Freefall – Judges & Experts Doubt It Can Be Fixed Without Major Due Process Enhancements — “Fixing the backlog without sacrificing undocumented immigrants’ right to due process—a prospect with which Trump has already publicly flirted—could require a wholesale reconfiguration of the immigration court system, Marks said, starting with removing it from the purview of the Department of Justice.”

https://apple.news/A8VLzlyN7QImERHmUEChNnA

Scott Bixby reports for The Daily Beast:

President Donald Trump’s record-long shutdown may be over, (for now), but immigration judges and attorneys worry that its disastrous effects on the immigration court system will last for years.

The 35-day government shutdown, ignited over Trump’s demands for congressional funding of his long-promised border wall, exacerbated the very immigration crisis the president claims the barrier would solve, halting nearly all immigration court cases and putting three in four immigration judges on furlough. Hearings on asylum cases, deportation, and appeals against orders of removal were delayed indefinitely, pending a “reset” upon the government’s re-opening that shuffled tens of thousands of cases to the back of the line.

The only way to solve the pileup, one prominent immigration judge told The Daily Beast, is a trade: Dump Trump’s demand for a 2,000-mile wall, and instead double the number of immigration judges to deal with cases.

“If we’ve got a million cases backlogged, we need a thousand judges,” said Judge Dana Leigh Marks, an immigration judge in San Francisco and president emeritus of the National Association of Immigration Judges. The current roster of roughly 400 judges, she said, “is less than half of what we need.”

“We’re having a tsunami of retirements because working conditions have become so unbearable,” said Marks. “It is incredibly stressful, because we know that the consequences of our cases are literally life and death.”

The Department of Justice, which oversees the immigration court system, already had a crisis on its hands before the shutdown, Marks said, with a backlog of at least 800,000 cases in a system with too few judges and too little funding.

The swell of asylum seekers from El Salvador, Guatemala, and Honduras, combined with the Trump administration’s crackdown on undocumented immigrants in the United States, had created a years-long backlog of pending immigration court cases. The number of pending immigration court cases grew by 84 percent since the end of 2013, according to the Department of Justice’s Executive Office for Immigration Review, and jumped by 26 percent just since the end of 2016.

“They allowed the courts to get to the anemic state that we were in prior to the shutdown,” said Marks, who has served as an immigration judge for 33 years. With the cancellation of tens of thousands of immigration cases that will now be shuffled to the back of a years-long line, “the shutdown’s effects will last for years.”

That backlog—which doesn’t even include an estimated 300,000 closed “low-priority” cases that the Justice Department ordered reopened in May—is currently being pushed through a mere 60 immigration courts across the United States. The roughly 400 immigration judges who keep that system moving have been given the Sisyphean task of clearing their dockets, a mission that even the most industrious judges think may be unfeasible.

“Most of us are extremely pessimistic about the current state of our dockets,” said Marks, noting that immigration judges are optimally supposed to go through four three-hour hearings per day. “They’re booked in an unrealistically heavy-packed manner that will not mean that we can finish all of the cases that are set on a given day.”

In a bid to speed through the backlog, the Department of Justice announced in April that it would impose quotas on judges, requiring the completion of 700 immigration cases per year to earn a “satisfactory performance” rating, as well as less than 15 percent of their cases remanded to a higher court—meaning that judges have to both increase the speed of their proceedings while decreasing errors that could lead to an appeal.

“The purpose of implementing these metrics is to encourage efficient and effective case management while preserving immigration judge discretion and due process,” wrote then-Attorney General Jeff Sessions when the policy was announced.

That new policy, Marks said, would only increase the pressure on the judge to serve two competing masters: the Department of Justice quotas and due process.

“The quintessential skill of a judge is knowing how to schedule your dockets, and yet we’re being told for political reasons, for the optics, how to do so,” said Marks, who warned that forcing judges to speed along complex proceedings encourages future appeals based on questions of judicial motivation.

“These are not simple and straightforward” cases, said Marks, who once famously likened deportation proceedings to “doing death penalty cases in a traffic court setting.”

“An immigration judge is shifting through four or five different times that the story has been told to see whether it’s consistent or inconsistent… Political optics is at tension, if not in conflict, with a judge’s role to ensure that each case in front of us provides the individual with due process.”

Add in a shutdown, immigration attorneys told The Daily Beast, and an overburdened system risks collapsing into chaos.

“Each day that there’s a government shutdown, you’re setting yourself up to add months” before a hearing, said Michael Wildes, an immigration attorney who represented Melania Trump and her parents in their immigration proceedings. “There will be enormous delays. For undetained individuals with court dates… they will back up even more egregiously than they have.”

Unclogging the dockets may be impossible, said Jason Dzubow, a Washington D.C.-based immigration attorney specializing in asylum law, leaving clients with good cases waiting for years to have their day in court.

“It’s just gonna be way too complicated to give people any kind of priority—which then, of course, causes a huge chain reaction, because it’s already a big mess,” Dzubow said. “What are they going to tell their families?”

Fixing the backlog without sacrificing undocumented immigrants’ right to due process—a prospect with which Trump has already publicly flirted—could require a wholesale reconfiguration of the immigration court system, Marks said, starting with removing it from the purview of the Department of Justice.

“People feel like there’s a thumb on the scales… because of the historically close relationship between the prosecutors‚ the Department of Homeland Security and the judges,” said Marks. “Judges have become, in a way, the sacrificial lamb in this process, because so much pressure has been applied to us. If we don’t follow, it renders us subject to personal discipline or training for evaluations that we are performing poorly, which can affect our very ability to retain our jobs.”

Such a dynamic, Marks said, has “a tremendous chilling effect.”

“A political branch is not the proper administrator for a neutral legal system.”

But in the meantime, both judges and attorneys working in the clotted immigration system feel that the $5.7 billion Trump has demanded for his border wall would be put to better use in hiring more immigration judges.

“There is an enormous divide between the amount of traffic and judges,” said Wildes. “In many ways, immigration has been looked upon as a stepchild in our legal system, where people recognize that it’s only a civil matter rather than a criminal matter. It actually has greater import—particularly when someone is facing banishment from the country.”

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Yup! Should be no surprise to readers of “Courtside.” In my experience, EOIR never really recovered from the mindless 2013 shutdown. Anybody with any real knowledge or who cared about our Government, our Constitution, and real immigration enforcement could have seen this coming “from a million miles away.” But, we’re saddled with a Kakistocracy — a “Clown Administration” if you will. 🤡

PWS

01-30-19

🤡U.S. CLOWN COURT: Where Justice & Logic Are A Bad Joke, & Those We Should Be Welcoming Are Instead Shown The Door!

https://www.washingtonpost.com/outlook/my-immigrant-client-won-a-judges-compassion-ice-still-dumped-him-on-the-border/2019/01/24/7802a800-1e9c-11e9-8b59-0a28f2191131_story.html

Attorney Marty Rosenbluth writes in the Washington Post Sunday Outlook Section:

Attorney  ’s client made a passionate case to the judge about our unjust system

This month, I went to court with José. He came to the United States without papers from Mexico when he was 15, in 1999. Now he has a wife, three kids and a job in construction in Raleigh, N.C. It all came apart when police pulled him over and arrested him for driving without a license. He soon landed in the Stewart Detention Center in Lumpkin, Ga. He fought his deportation case alone for several months before his family finally called my law firm.

We first told him we couldn’t take his case because he had no chance of winning, so ethically we couldn’t take his money. Most people in deportation proceedings have few if any options to stay in the United States through the immigration courts. I urged him to take voluntary departure, which enables people to leave the country without getting a deportation order on their records, so it is easier to come back legally in the future. But he told me he was certain that, if he could just tell the court his story, the judge would see that letting him stay was right and just and fair. I told him that our immigration system had many rules and laws, but little or no justice.

In truth, I think José knew he had no chance, and he knew he’d have to leave. But he didn’t want to leave quietly. We agreed that I would accompany him — I wouldn’t say “help,” because he could have realized his plan without me, and I didn’t charge a penny — but he would address the judge directly. One of the most important things I do as an attorney is to just be present. Since the immigration laws are so defective, and the judges often play by their own rules (routine bond requests are usually denied, and this Georgia court has one of the lowest approval rates for asylum cases in the country), and the detention/deportation centers are designed to break people’s spirits, often there is not much else that can be done. Based on what transpired, I’m glad I went.

José’s whole family came to support him — his wife and his kids and a friend. When we sat down at the bench, I told the judge that José would be speaking for himself. In immigration courts, migrants usually just answer questions, so the judge asked me if I was requesting to withdraw. I said I wasn’t: I was staying at the table, but José was going to do all the talking. And the judge, to his credit, heard him out.

The judge explained the law and what José would have to prove in order to win. Before hiring us, José had submitted an application, on his own, for “cancellation of removal.” There are four elements: He had to prove that he had been living here for more than 10 years, that he was a person of good moral character and that he hadn’t broken any laws that would bar him under the statutes from applying. José could show all of these things. But the fourth criterion is the hardest. José would have to prove that if he were deported, it would cause an “exceptional and extremely unusual hardship” to a spouse, parent or child who is a U.S. citizen or lawful permanent resident. Usually it means you have a child with cancer, or a spouse with a disability that makes them unable to work or support a family — something on that scale. If you can convince the court merely that your family would be made homeless or that your children would subsist on food stamps, that is not considered sufficient. That is just the usual hardship that deportees’ families experience.

Without missing a beat, José said to the judge, “I have the first three, your honor, but I do not have the fourth.” Turning around to look at his family, with obvious pride, he told the judge: “This is my family. These are my children. Everything I do, I do for them. But thankfully they are all healthy, which for the moment seems for some reason to be bad.” Truly, logic has no place in immigration court.

The judge said that, based on this testimony, he would have to deny his application for cancellation of removal. Still, the judge offered José voluntary departure and explained, as I had, that it would make it easier for him to return.

I had met with José’s wife, Maria, too, and explained “VD,” which is a safer option than exiting the nation through the usual deportation machinery. People who are deported to Mexico from Stewart and many other detention centers are just dumped on the border, where gangs await them. (People deported to other countries are flown.) They are often robbed, kidnapped, raped or killed. Those who take VD, on the other hand, don’t get to leave jail, but they fly back on a regular commercial flight.

The problem with voluntary departure, though, is the cost: You have to buy your own fare, and it is very expensive, currently around $1,250. Immigration and Customs Enforcement will accept only a “Y” class ticket, or a full-cost coach fare, which can often cost more than first class. José thanked the judge and declined. “The tickets cost a lot of money, and my family will need the money after I leave.”

Maria interjected, crying. “Take the voluntary,” she said. “Take the voluntary!” My client began crying, too, followed by his kids.

I decided to take a chance. I asked the judge if José could talk to his wife over the barrier. Any direct communication and especially physical contact is strictly forbidden in this courtroom. To my surprise, he agreed. So Maria came forward, and she and José started hugging and kissing and crying. The bailiff moved to intervene, but I just shook my head and mouthed the word “Please.”

The couple talked for a few minutes, and then José sat back down and offered that he would take voluntary departure. But he’d gotten to hug his 6-, 8- and 12-year-old children across the barrier. Imagine that. Humanity in what passes for a court. This is not usually how immigration cases go. The judge gave José 30 days to buy his ticket before he would lose the “privilege” of taking VD.

In the end, José sat there smiling. And proud. He was still smiling as his family left the courtroom. And smiling when he gave me a hug. He’d known all along he wouldn’t win, but he wanted to be able to call out the injustice. And the judge, who has low rates of approval for just about anything, heard him out. (Only 31 of 347 judges denied asylum claims at a higher rate, according to the Transitional Records Access Clearinghouse.) It wasn’t a victory, exactly. José wouldn’t be staying with his family. But speaking a truth, to a hostile power, is still a kind of achievement.

But it was a discordant one for such a ruthless corner of the law. And eventually the logic of our immigration system superseded his brave act.

This past week, according to a friend of his who called me to share the news, ICE came to his cell early one morning and said it would fly him to Mexico City; he wouldn’t even have to pay for his ticket. Then, that afternoon, officials came and handcuffed him, brought him to a room to wait with other detainees for several hours and deposited him on a bus. Not to the airport, as they had promised. They drove him to the border and dumped him out in Matamoros. I am looking into his legal options, because apparently no act of courage goes unpunished.

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Thanks Marty, for giving us insight into the “parody of justice” that goes on daily in our Immigration Courts at the direction of a Department of “Justice” that long ago lost both its way and purpose and must be wrested from control of a major dysfunctional court system that it is so ethically and functionally unable to administer in anything approaching a fair and efficient manner.

I give the Immigration Judge credit for taking time to listen and allowing Jose to speak in court. In the toxic age of Trump, Sessions, Whitaker, and likely also Barr, Immigration Judges are pressured to prejudge cases and cut corners by denying claims without listening to the evidence to keep up with artificial “deportation quotas” imposed by Sessions and to keep up “productivity” which has replaced “guaranteeing fairness and Due Process” as the mantra of today’s “Clown Courts.”

On the other hand, there are alternatives available. The BIA precedents on what constitutes “exceptional and extremely hardship” are intentionally vague and subject to interpretation. How do I know? They were issued while I was serving as BIA Chair (one over my dissent).

They were supposed to be part of a group of cases, sometimes knows as the “basket of pain,” defining the term in a number of different contexts. But, after Ashcroft’s “Saturday Night Massacre” at the BIA “took out” those judges, including me, who sometimes ruled in favor of respondent’s positions, the project was abandoned. My remaining colleagues were afraid that ruling on anything so controversial, and particularly granting anything to a respondent, could be “career threatening,” probably with good reason. So, Immigration Judges were left to their own devices. Many of the BIA panels on the other hand, took a pretty hard line, all, of course, in unpublished decisions.

Coming to the Arlington Immigration Court from the BIA, I actually underwent some “culture shock.” In an early cancellation case, I was thinking that the respondents, although great folks who were doing good things for America and their citizen family, probably wouldn’t “make the cut” under the standards that my last BIA panel had been applying. But, when the Assistant Chief Counsel got up to make a closing, after I had given respondents’ counsel a rather “hard time,” I was surprised to hear an impassioned, well-reasoned, and well-supported plea joining counsel’s request for a finding of “exceptional and extremely unusual hardship” and granting the case. “It’s Recinas, not Andazola,” as we came to say in Arlington, after the names of the BIA precedents that appeared to reach conflicting conclusions.

Some Immigration Judges would have found that deprivation of the support of the “primary breadwinner” is “exceptional and extremely unusual hardship” and granted Jose cancellation of removal. And, some ICE Assistant Chief Counsel would have waived appeal. Just shows what a “crapshoot” justice has become in the Immigration Courts.

BS (“Before Sessions”) at the Arlington Immigration Court, the Assistant Chief Counsel would probably have offered “prosecutorial discretion” or “PD” to Jose. And, I would have encouraged Marty to take that offer and “live to fight another day.” I would have given Jose and his family my “bad things will happen if you screw up again in any way speech,'” “administratively closed” the case, and taken it off my docket. The court and both counsel would have saved time and Jose and his family could have gone on living their lives and contributing to America pending good behavior and an eventual legalization program by Congress.

Not a perfect solution to be sure. But, a fundamentally just one that allowed me, ICE, and the private bar to move on and deal with other higher priority cases that really needed my judicial attention.

Trump, Sessions, Nielsen and their White Nationalist Gang have stripped the Immigration Courts of whatever little sense of justice and judicial control remained. They intentionally have turned a struggling system into a totally dysfunctional and fundamentally unjust and unconstitutional one.

We can only hope that at some point the Article III Courts will have seen enough and will put this totally bankrupt system into “receivership;” or that some future Congress and a more competent and honest Administration will create an independent Immigration Court focused, as it should be, on fairness and Due Process. Until then, justice and logic will continue to be a bad joke in the “U.S. Clown Courts.” 🤡

PWS

01-28-19

INCONVENIENT TRUTH: HALEY SWEETLAND EDWARDS @ TIME TELLS WHAT TRUMP, MILLER, COTTON, SESSIONS, & THEIR WHITE NATIONALIST GANG DON’T WANT YOU TO KNOW: Human Migration Is A Powerful Force As Old As Human History; It’s A Plus For Receiving Nations; It Won’t Be Stopped By Walls, Jails, Racist Laws, Or Any Other Restrictionist Nonsense; But, It Can Be Intelligently Controlled, Channeled, Harnessed, & Used For The Benefit Of The U.S. & The Good Of The Migrants! — “But to maximize that future good, governments must act rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.”

http://time.com/longform/migrants/

Haley Sweetland Edwards writes in Time Magazine:

But they were willing to do whatever it took. Going back to Guatemala was simply not an option, they said. Monterroso explained that in October, their family was forced to flee after a gang threatened to murder the children if they didn’t pay an exorbitant bribe, five months’ worth of profits from their tiny juice stall. The family hid for a day and a half in their house and then sneaked away before dawn. “There is nobody that can protect us there,” Monterroso said. “We have seen in the other cases, they kill the people and kill their children.” Her voice caught. “The first thing is to have security for them,” she said of her kids, “that nothing bad happens to them.”

All told, more than 159,000 migrants filed for asylum in the U.S. in fiscal year 2018, a 274% increase over 2008. Meanwhile, the total number of apprehensions along the southern border has decreased substantially—nearly 70% since fiscal year 2000. President Donald Trump has labeled the southern border a national crisis. He refused to sign any bill funding the federal government that did not include money for construction of a wall along the frontier, triggering the longest shutdown in American history, and when Democrats refused to budge, he threatened to formally invoke emergency powers. The President says the barrier, which was the centerpiece of his election campaign, is needed to thwart a dangerous “invasion” of undocumented foreigners.

But the situation on the southern border, however the political battle in Washington plays out, will continue to frustrate this U.S. President, and likely his successors too, and not just because of continuing caravans making their way to the desert southwest. Months of reporting by TIME correspondents around the world reveal a stubborn reality: we are living today in a global society increasingly roiled by challenges that can be neither defined nor contained by physical barriers. That goes for climate change, terrorism, pandemics, nascent technologies and cyber-attacks. It also applies to one of the most significant global developments of the past quarter-century: the unprecedented explosion of global migration.

. . . .

They abandoned their homes for different reasons: tens of millions went in search of better jobs or better education or medical care, and tens of millions more had no choice. More than 5.6 million fled the war in Syria, and a million more were Rohingya, chased from their villages in Myanmar. Hundreds of thousands fled their neighborhoods in Central America and villages in sub-Saharan Africa, driven by poverty and violence. Others were displaced by catastrophic weather linked to climate change.

Taken one at a time, each is an individual, a mixture of strengths and weaknesses, hope and despair. But collectively, they represent something greater than the sum of their parts. The forces that pushed them from their homes have combined with a series of global factors that pulled them abroad: the long peace that followed the Cold War in the developed world, the accompanying expansion of international travel, liberalized policies for refugees and the relative wealth of developed countries, especially in Europe and the U.S., the No. 1 destination for migrants. The force is tidal and has not been reversed by walls, by separating children from their parents or by deploying troops. Were the world’s total population of international migrants in 2018 gathered from the places where they have sought new lives and placed under one flag, they would be its fifth largest country.

The mass movement of people has changed the world both for better and for worse. Migrants tend to be productive. Though worldwide they make up about 3% of the population, in 2015 they generated about 9% of global GDP, according to the U.N. Much of that money is wired home—$480 billion in 2017, also according to the U.N.—where the cash has immense impact. Some will pay for the passage of the next migrant, and the smartphone he or she will keep close at hand. The technology not only makes the journey more efficient and safer—smugglers identify their clients by photos on instant-messaging—but, upon arrival, allows those who left to keep in constant contact with those who remain behind, across oceans and time zones.

Yet attention of late is mostly focused on the impact on host countries. There, national leaders have grappled with a powerful irony: the ways in which they react to new migrants—tactically, politically, culturally—shape them as much as the migrants themselves do. In some countries, migrants have been welcomed by crowds at train stations. In others, images of migrants moving in miles-long caravans through Central America or spilling out of boats on Mediterranean shores were wielded to persuade native-born citizens to lock down borders, narrow social safety nets and jettison long-standing humanitarian commitments to those in need.

. . . .

The U.S., though founded by Europeans fleeing persecution, now largely reflects the will of its Chief Executive: subverting decades of asylum law and imposing a policy that separated migrant toddlers from their parents and placed children behind cyclone fencing. Trump floated the possibility of revoking birthright citizenship, characterized migrants as “stone cold criminals” and ordered 5,800 active-duty U.S. troops to reinforce the southern border. Italy refused to allow ships carrying rescued migrants to dock at its ports. Hungary passed laws to criminalize the act of helping undocumented people. Anti-immigrant leaders saw their political power grow in the Czech Republic, Slovenia, Sweden, Germany, Finland, Italy and Hungary, and migration continued to be a factor in the Brexit debate in the U.K.

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

. . . .

But protocols and treaties can, at best, hope to respond to the human emotions and hard realities that drive migration. No wall, sheriff or headscarf law would have prevented Monterroso and Calderón, or Yaquelin and Albertina Contreras, or Sami Baladi and Mirey Darwich from leaving their homes. Migrants will continue to flee bombs, look for better-paying jobs and accept extraordinary risks as the price of providing a better life for their children.

The question now is whether the world can come to define the enormous population of international migrants as an opportunity. No matter when that happens, Eman Albadawi, a teacher from Syria who arrived in Anröchte, Germany, in 2015, will continue to make a habit of reading German-language children’s books to her three Syrian-born kids at night. Their German is better than hers, and they make fun of her pronunciation, but she doesn’t mind. She is proud of them. At a time when anti-immigrant rhetoric is on the rise, she tells them, “We must be brave, but we must also be successful and strong.” —With reporting by Aryn Baker/Anröchte, Germany; Melissa Chan, Julia Lull, Gina Martinez, Thea Traff/New York; Ioan Grillo/Tijuana; Abby Vesoulis/Murfreesboro, Tenn.; and Vivienne Walt/Paris •

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I strongly encourage everyone to read Haley’s outstanding article at the link.  It is one of the best and most easily understandable explanations of a complex phenomenon that I have seen recently. As I always say, “lots of moving parts.” But Haley and her colleagues have distilled the fundamental truths concealed by this complexity. Congrats and appreciation to Haley and everyone who worked on this masterpiece!

Haley debunks and eviscerates the restrictionist, racist “fear and loathing” baloney that Trump and his White Nationalist gang peddle. The simple truth always has been and continues to be that America needs more immigration.

The only real question is whether we are going to be smart and funnel it into expanded legal and humanitarian channels or dumb like Trump and push the inevitable migration into an extra-legal system. The latter best serves neither our country nor the humans pushed into an underground existence where they can be exploited and are artificially prevented from achieving their full potential for themselves and for us. Right now, we have a mix skewed toward forcing far, far too many good folks to use the extra-legal system.

We’ll only be able to improve the situation by pushing the mix toward the legal and the humanitarian, rather than the extra-legal. That’s why it’s virtually impossible to have a rational immigration debate with folks like Trump who start with the racist-inspired fiction that migrants are a “threat” who can be deterred, punished, and diminished.

Contrary to Trump and the White Nationalists, the real immigration problems facing America are 1) how can we best integrate the millions of law-abiding and productive undocumented individuals already residing here into our society, and 2) how can we most fairly and efficiently insure that in the future individuals like them can be properly screened and come to our country through expanded humanitarian and legal channels. Until we resolve these, American will continue to founder with immigration and fail to maximize its many benefits. That’s bad for us, for migrants, and for the future of our nation.

As a reminder, in the context of Congressional negotiations on border security, I recently put together a list of “practical fixes” to the immigration system which would address border security, humanitarian relief, and improved compliance with Constitutional Due process without major legislative changes — mostly “tweaks” and other common sense amendments that would make outsized improvements and certainly would be an improvement on squandering $5.7 billion and getting nothing but a largely symbolic “instant white elephant” border wall in return.  So, here it is again in all its hypothetical glory:  “THE SMARTS ACT OF 2019:

https://wp.me/p8eeJm-3E3

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tum and reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

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PWS

01-27-19

 

 

AMERICA’S SHAME: 🤡 “CLOWN COURTS” PLUNGE TO NEW DEPTHS UNDER TRUMP & DOJ: Unpaid Judges, Court Clerks Who Can’t Afford The Rent, Illegal Rulings & Idiotic Policies By Biased & Ignorant DOJ Politicos, Unachievable Expectations, Unnecessary Postponements Caused By Trump & DOJ, & On Top Of It All A Few Unqualified Judges Who Discriminate, Cut Corners, & Intentionally Deny Due Process, All Combine To “Tank” Already Low Morale To Incomprehensible Lows!

https://www.cbsnews.com/news/government-shutdown-claims-immigration-judge-paychecks-as-court-morale-hits-a-historic-low/

Kate Smith reports for CBS News:

The nation’s roughly 400 immigration judges are getting hit hard by the government shutdown:

  • They’re about to miss their second paycheck.
  • About three-quarters have been furloughed and unable to work, which means their case backlog is growing.
  • The result: Morale is at a “historic low,” said Ashley Tabaddor, the president of the National Association of Immigration Judges and a Los Angeles-based immigration herself, in an interview with CBS News.

The immigration court docket is split into two categories: Hearings for immigrants who have been detained represent about 5 to 10 percent of the docket. These cases have been uninterrupted during the shutdown and have been overseen by approximately 100 judges who aren’t getting paid.

“I’ve been using the words ‘unprecedented’ and ‘surreal,’ and yet it keeps becoming more unprecedented and more surreal,” said Tabaddor. “It’s so unfortunate that we’ve reached this level of dysfunction.”

Adding to the low morale is a the massive backlog of cases, which has risen by nearly 50 percent since President Trump took office. As of November 30 the backlog stood at just over 800,000 cases, but if the shutdown continues through February it could break one million.

Worse still for the judges is a new quota system announced in October by the Department of Justice. It said that all judges would be required to complete 700 immigration cases in the following year; if they fall behind, their job security could be on the line.

“It’s so disconnected from reality,” said Tabaddor. “Those cases just can’t be completed in the timeframe that the administration is demanding. Frankly, it’s laughable.”

Given that many judges haven’t been able to work for more than a month, will the quota be waived? DOJ hasn’t given any guidance, said Tabaddor.

“It’s not like if you miss a day of work, they work just goes away,” Tabaddor said. “Everyone knows that they minute the shutdown is over, what awaits them is 10 times worse than what they left behind.”

“Judges jobs are on the line if they don’t meet these arbitrary number,” Tabaddor said. “People are very concerned.”

A call and email to the Department of Justice were not returned, but the agency’s website said that press inquiries may not be returned because of the government shutdown.

Currently, most non-detained judges have four to five thousand hearings scheduled through 2021 and in some cases 2022, Tabaddor said, noting that “every single day on their calendar is booked.” Immigrants who had hearings originally scheduled during the shutdown will most likely be forced to wait years before they’re able to get in front of a judge.

Forcing judges to rush through their quotas could have a devastating impact on immigration hearings, said Kate Voigt, the associate director of government relations at the American Immigration Lawyers Association. When forced to choose between their own job security and a through understanding of an individual’s case, many judges have gone with the former, pushing through cases without giving immigrants their due process, Voigt said.

The Department of Justice has “increased pressures on judges to churn out cases at lightning speeds, at the expense of due process and case-by-case determinations,” Voigt said in an email to CBS News.

In Charlotte, North Carolina some judges have refused to hear testimony from female asylum seekers from Central America, citing an now-overturned policy statement from former Attorney General Jeff Sessions that removed domestic and gang violence from admissible asylum criteria, said Jeremy McKinney, an immigration attorney who serves clients in North Carolina and South Carolina, in an interview with CBS News. In one asylum hearing McKinney had last year prior to the government shutdown, Judge Barry Pettino refused to let his client testify, instead denying her asylum case outright because it dealt with gender-based violence, according to McKinney.

“My client didn’t think she was going to win her case, but she certainly didn’t think we were going to be in and out in 45 minutes,” McKinney said. “If the asylum seeker never gets to take the stand under oath, never gets to tell their story, that’s a fundamental due process problem right there.”

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

In the words of the distinguished Judge Tabaddor, “surreal!” Why is it “OK” to have a court operating in the “Twilight Zone” making life or death decisions? How would you like YOUR life or YOUR loved one’s life to be determined by this dysfunctional mess?

Simply shameful! Also completely unnecessary. Trump and the DOJ are totally unqualified to run any court, let alone one with life or death authority. Congress is paralyzed. If the Article IIIs don’t step in, take this over, and require the restoration of at least rudimentary Due Process, there might not be any removals in the future!

How will they “reopen” this mess even when the “Trump shutdown” ends? Why won’t most of the overworked, underpaid, under appreciated, stressed out Court Clerks who keep this (unautomated, paper heavy) “Rube Goldberg Contraption” afloat, and who live paycheck to paycheck, have found new jobs where they are fairly paid and appreciated? Why won’t all the retirement-eligible judges head for the exits where life is better, the paychecks keep coming, and you can actively fight the Trump idiocy?

PWS

01-23-19

 

PWS

01-23-19

🤡CLOWN-OCRACY: Trump & GOP Shut Down Our Government — With America Failing, Gov. Workers In Soup Lines, & The Possibility Of Starting A Worldwide Recession, They Have No “Exit Strategy!”

https://www.wsj.com/articles/senate-to-weigh-trumps-proposal-to-end-shutdown-with-passage-unlikely-11548095329

Rebecca Ballhaus and Kristina Peterson report for the WSJ:

WASHINGTON—The Senate this week is expected to vote on a border-security proposal put forward by President Trump that is unlikely to garner enough support to cross procedural hurdles, leaving no clear path forward as the partial government shutdown stretches into its fifth week.

The White House and Republican congressional leaders don’t appear to have crafted any contingency strategy if the president’s proposal fails a Senate vote.

“No idea,” one White House official said, asked about backup plans to end the shutdown. The White House didn’t respond to a request for comment.

Mr. Trump, in a Saturday address from the White House, called for $5.7 billion to pay for steel barriers on the U.S. border with Mexico, as well as funding for other border-security enhancements, in exchange for three years’ protection from deportation for some undocumented immigrants.

Trump Offers DACA Protections in Exchange for Wall Funding

In an address to the nation, President Trump laid out a proposal in which he offered a three-year protection to some undocumented immigrants in exchange for $5.7 billion in wall funding. Photo: Associated Press

Democrats rejected the proposal, with House Speaker Nancy Pelosi calling it a “nonstarter” and saying that it lacked a permanent solution for young immigrants who were brought to the U.S. illegally as children. Those people are now protected by the Obama-era Deferred Action for Childhood Arrivals program, known as DACA.

“Nothing has changed with the latest Republican offer; President Trump and Senate Republicans are still saying: ‘support my plan or the government stays shut.’ That isn’t a compromise or a negotiation—it’s simply more hostage-taking,” Justin Goodman, a spokesman for Senate Minority Leader Chuck Schumer (D., N.Y.), said Monday in a statement.

. . . .

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

Read the complete article in the WSJ at the above link.

Every day must be a “Field Day” for KGB Officer turned Russian President Vladimir Putin. After all, nobody is shutting down his government, and his puppet Trump and his GOP “fellow travelers” are leading the assault on the U.S. Government, once his greatest enemy now reduced to the status of a third world “clown republic.” (For those of you who haven’t done asylum cases, rampant executive corruption, favoritism, and attacks by autocrats on their own governments and own citizens for various nefarious reasons are fairly common in the banana republics and third world dictatorships from which refugees flee.)

Who would have thought that one of the richest countries in the world would force its government workers to stand in food lines and seek dog walking jobs to survive? And the best thing for Vladi: a clueless minority of 4 in 10 “Americans” still support his scheme to turn the U.S. into a Russian “client state” (the 21st Century version of the “Soviet Satellite.”) Somewhere out there in the after world, Stalin, Khrushchev, and other departed Soviet leaders must be scratching their collective heads and asking “What did we do wrong? Was it really that simple? Where was Trump when we needed him?”

Don’t be fooled by any of the BS about this being a “joint failure” with the Dems. Trump said he’d shut down our country for his stupid “Wall.” With the help of McConnell and an enabling GOP he’s destroying America — just like he said he would. And, just as Putin wishes him to do!

For wittingly or unwittingly doing the bidding of Vladimir Putin and aiding America’s enemies by destroying American Government and diminishing America domestically and internationally, Trump, McConnell, and their band of GOP enablers get today’s Courtside “Five Clown Award.”

🤡🤡🤡🤡🤡

PWS

01-22-19

 

 

GEORGE WILL @ WASHPOST: AMERICA’S “CLOWN PRINCE” 🤡

https://www.washingtonpost.com/opinions/what-a-misery-it-must-be-to-be-donald-trump/2019/01/18/d0e05eea-1a82-11e9-8813-cb9dec761e73_story.html

George Will writes:

Half or a quarter of the way through this interesting experiment with an incessantly splenetic presidency, much of the nation has become accustomed to daily mortifications. Or has lost its capacity for embarrassment, which is even worse.

If the country’s condition is calibrated simply by economic data — if, that is, the United States is nothing but an economy — then the state of the union is good. Except that after two years of unified government under the party that formerly claimed to care about fiscal facts and rectitude, the nation faces a $1 trillion deficit during brisk growth and full employment. Unless the president has forever banished business cycles — if he has, his modesty would not have prevented him from mentioning it — the next recession will begin with gargantuan deficits, which will be instructive.

The president has kept his promise not to address the unsustainable trajectory of the entitlement state (about the coming unpleasant reckoning, he said: “Yeah, but I won’t be here”), and his party’s congressional caucuses have elevated subservience to him into a political philosophy. The Republican-controlled Senate — the world’s most overrated deliberative body — will not deliberate about, much less pass, legislation the president does not favor. The evident theory is that it would be lèse-majesté for the Senate to express independent judgments.

And that senatorial dignity is too brittle to survive the disapproval of a president not famous for familiarity with actual policies. Congressional Republicans have their ears to the ground — never mind Winston Churchill’s observation that it is difficult to look up to anyone in that position.

The president’s most consequential exercise of power has been the abandonment of the Trans-Pacific Partnership, opening the way for China to fill the void of U.S. involvement. His protectionism — government telling Americans what they can consume, in what quantities and at what prices — completes his extinguishing of the limited-government pretenses of the GOP, which needs an entirely new vocabulary. Pending that, the party is resorting to crybaby conservatism: We are being victimized by “elites,” markets, Wall Street, foreigners, etc.

After 30 years of U.S. diplomatic futility regarding North Korea’s nuclear weapons program, the artist of the deal spent a few hours in Singapore with Kim Jong Un, then tweeted: “There is no longer a nuclear threat from North Korea.” What price will the president pay — easing sanctions? ending joint military exercises with South Korea? — in attempts to make his tweet seem less dotty?

Opinion | Trump owns the Republican Party, and there’s no going back

President Trump has irreversibly changed the Republican Party. The upheaval might seem unusual, but political transformations crop up throughout U.S. history.

By his comportment, the president benefits his media detractors with serial vindications of their disparagements. They, however, have sunk to his level of insufferable self-satisfaction by preening about their superiority to someone they consider morally horrifying and intellectually cretinous. For most Americans, President Trump’s expostulations are audible wallpaper, always there but not really noticed. Still, the ubiquity of his outpourings in the media’s outpourings gives American life its current claustrophobic feel. This results from many journalists considering him an excuse for a four-year sabbatical from thinking about anything other than the shiny thing that mesmerizes them by dangling himself in front of them.

Dislike of him should be tempered by this consideration: He is an almost inexpressibly sad specimen. It must be misery to awaken to another day of being Donald Trump. He seems to have as many friends as his pluperfect self-centeredness allows, and as he has earned in an entirely transactional life. His historical ignorance deprives him of the satisfaction of working in a house where much magnificent history has been made. His childlike ignorance — preserved by a lifetime of single-minded self-promotion — concerning governance and economics guarantees that whenever he must interact with experienced and accomplished people, he is as bewildered as a kindergartener at a seminar on string theory.

Which is why this fountain of self-refuting boasts (“I have a very good brain”) lies so much. He does so less to deceive anyone than to reassure himself. And as balm for his base, which remains oblivious to his likely contempt for them as sheep who can be effortlessly gulled by preposterous fictions. The tungsten strength of his supporters’ loyalty is as impressive as his indifference to expanding their numbers.

Either the electorate, bored with a menu of faintly variant servings of boorishness, or the 22nd Amendment will end this, our shabbiest but not our first shabby presidency. As Mark Twain and fellow novelist William Dean Howells stepped outside together one morning, a downpour began and Howells asked, “Do you think it will stop?” Twain replied, “It always has.”

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Stripped of its detracting “jabs at the opposition” and the “obligatory swat” at the essential safety net that actually keeps America functioning, even in tough political times like these, Will largely has Trump “pegged.” As others and I have said, the Trump Administration is “Kakistocracy in action.”

But, what took you so long, George, to “get religion?” For years, the GOP has been pushing a “soulless,” intentionally divisive, program of “beggar thy neighbor” and promoting the “worst in America.”

It’s not like equally sad and unfit GOP politicos such as Steve King, Tom Trancedo, Roy Moore, Jeff Sessions, Steve Bannon, Kris Kobach, Corey Stewart, and Stephen Miller just “hatched” during the Trump regime. Trump is the logical outcome of a “valueless conservatism” that has embraced some of the vilest individuals and ideas in modern American political history in a (somewhat successful) minority attempt to seize power from the majority of Americans and to govern against the overall public interest.

No surprise that a party bankrupt of both constructive conservative ideas and morality should end up installing a sad an unqualified character like Trump as its “Supreme Leader.” Trumpism is deeply rooted in modern American conservatism, not the “compassionate” kind of Bush I (which unfortunately was “DOA” within the party) but the vile brand that glosses over its racial and class overtones and its erroneous conception that the rich have every right to loot America and leave the crumbs to everyone else.

Yes, I think that America needs and deserves a credible “conservative movement” to engage in an honest governing dialogue with the Democrats. What might that conservative movement look like:

  • Constructive concern about runaway deficits and borrowing from the PRC;
  • Recognition of the threat that Russia and the PRC are to America’s future;
  • Commitment to secular governing principles (perhaps embodying, but not improperly favoring, some religious values) and support of  the rights of all covered by our Constitution regardless of status;
  • Encouraging and enabling all qualified Americans to vote;
  • Congress retaking the authority to declare war and pass budgets and restricting Executive overreach (by both parties) in these areas;
  • Prudence in entering into future “foreign military adventures;”
  • A robust, effective, and efficient national defense that is held accountable for expenditures, strategies, and results;
  • Maintenance, funding, improvements, and accountability mechanisms for adequate safety net programs including social security, Medicare, Medicaid, and Obamacare;
  • An end to unnecessary tax breaks for the rich that strip the U.S. Treasury of necessary revenues without advancing any national agenda;
  • An end to “Government shutdown” forever and a pledge to respect the contributions of “America’s Crown Jewel:” our nonpartisan, professional, honest Civil Service;
  • Return of some authority to states, not as a device for “bogus” budget savings and to screw the poor and minorities, but to recognize and take advantage of areas where states are committed to actually funding and carrying out programs that produce better (not just cheaper) results than the Feds can;
  • Much more robust legal immigration and refugee acceptance programs;
  • A sharp reduction in wasteful funding for Federal detention of all kinds (including immigration detention) and the mandated use of alternatives that will work and benefit society;
  • Encouraging educational and economic development initiatives by the private sector in economically depressed areas (such as the Midwest and Appalachia) ;
  • Encouraging a robust trade agenda that provides mutual benefits to both the U.S. and our trading partners.

That would involve not only ditching Trump, but also abandoning the racially charged, fiscally wasteful, White Nationalist agendas that drive both him and his base and committing to governing in the public interest — in and of itself a key conservative principle.

We need an end to the “Clown Kakistocracy.”  And, that will require some honest conservative support by a “new conservative” movement. I doubt that it can be headed by Trump sycophant, xenophobic enabler, and far right religious bigot Veep Mike Pence. Perhaps, however, folks like George have a constructive role to play in fashioning, inspiring, and leading it!

PWS

01-21-19

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

ADMINISTRATION’S WHITE NATIONALIST SCOFFLAW AGENDA THWARTED AGAIN – Federal Judge Exposes Lies & Cynicism In Trump Officials’ Attempt To Suppress Hispanic Response To Census!

David Leonhardt in the NY Times:

White nationalism lost in federal court yesterday.

Judge Jesse Furman blocked the Trump administration’s attempt to add a question to the 2020 census asking about citizenship status. Furman “found that Commerce Secretary Wilbur Ross violated federal law by misleading the public — and his own department — about the reasons for adding the question,” Dara Lind of Vox writes.

Ross claimed, laughably, that the citizenship question would help the Trump administration enforce voting rights. In truth, it was designed to intimidate Latinos — both legal and illegal — into not responding to the census. The resulting undercount would then reduce the political representation of immigrant-heavy regions and cause them to receive less federal funding.

The citizenship question, Paul Waldman writes in The Washington Post, is part of “a broader effort on the part of Republicans to put a thumb on the electoral scale in every way they possibly can, whether it’s extreme gerrymandering, voter suppression efforts targeted at minorities, or the use of the census to make Republican victories just that much more likely.”

Yesterday’s ruling isn’t the final word. The Trump administration will likely appeal, and the appeal will likely reach the Supreme Court, where Republican-appointed justices hold a five-to-four majority.

But there is some reason to hope the justices will avoid an obviously partisan decision. Neil Gorsuch and Brett Kavanaugh, the two newest conservative justices, have previously taken a dim view of federal officials who exceed limits on their power, The Daily Beast’s Jay Michaelson explains. “While it’s always possible that the Court’s conservatives will vote ideology over principle … their particular judicial philosophies do not bode well for the Trump administration’s brazen defiance of administrative law,” Michaelson writes.

A side note: Given the combination of his census exploits, his lies about those exploits and his shady stock trades, Ross may now deserve consideration if my colleague Gail Collins revisits her analysis of the worst Trump Cabinet member. His case is helped by the fact that some of his even more corrupt colleagues have recently departed the administration.

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Seems to me that the Government attorneys representing liars like Ross and his dishonest positions in court are violating ethical rules. Why would a case like this be on the way to the Supremes, rather than Ross being on his way to jail for conspiring to violate civl rights? And, as Leonhardt points out, some of his departed Cabinet colleagues were even more corrupt and dishonest.

PWS

01-16-19

BESS LEVIN @ VANITY FAIR: KAKISTOCRACY IN ACTION — America Suffers As Trump Bumbles Along With His White Nationalist, Pro-Kremlin Agenda!

https://www.vanityfair.com/news/2019/01/bye-bye-donald-trump-throws-a-fit-after-pelosi-tells-him-no

Bess writes:

Today is the 19th day of the government shutdown. If it drags on much longer, the U.S. is at risk of losing its triple-A rating, which could increase borrowing costs and put a chill on the economy. At present, 800,000 federal employees are either furloughed or being forced to work without pay, including T.S.A. agents and the Secret Service. Farmers are struggling to get the subsidies they were promised to offset the damage done by the president‘s trade war. Financial-fraud investigations have “ground to a halt.” Human shit and garbage have piled up in national parks. Speaking of shit, food inspections by the F.D.A. have been curtailed, including inspections of food considered “high risk,” raising the possibility of E. Coli and salmonella outbreaks. At the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, 1,523 of 3,531 employees “are considered non-essential,” while D.H.S.’s Countering Weapons of Mass Destruction Office is reportedly two-thirds empty.

Understanding that Democrats are unlikely to ever agree to fund a border wall—barring getting something major in exchange, like a DACA deal—did the president decide to cut a deal to get things up and running again? Not exactly! Chuck Schumer told reporters on Wednesday that when Democrats didn’t fork over the hostage money during a meeting at the White House, Trump slammed the table and stormed out of the room, like a tween who’s been told she can’t leave the house in a crop top. Shortly after, Trump confirmed:

For those old enough to remember back to mid-December, Nancy Pelosi’s position has not changed—the only thing that has changed is that the president, who told Pelosi and Schumer on December 11 “I’m not going to blame you for [the shutdown],” is now trying to blame the completely unnecessary closure of the government on Democrats. His lies have shifted as well— after claiming that the unpaid federal employees are “mostly” Democrats, ergo he has no sympathy for them, on Wednesday he insisted the workers facing evictionand permanent loss of wages want the wall as much as he does. “You take a look at social media,” the ex-Miss Universe owner explained, “[And] so many of those people are saying, ‘It’s very hard for me, it’s very hard for my family, but, Mr. President, you’re doing the right thing.’”

Elsewhere in delusions, the G.O.P. continues to believe that Trump will get Democrats to bend to his demands by employing the same negotiating skills and business acumen that led him to acquire the Plaza Hotel for $60 million more than it was thought to be worth, purchase the Eastern Air Lines Shuttle for, again, some $60 million more than high estimates said it should go for, overpay for football players as a team owner in the doomed United States Football League, and put multiple Trump companies into bankruptcy, most memorable among them the “the debt-bloated Trump Taj Mahal.” Instead, this is the level of savvy we’re dealing with:

House Minority Leader Kevin McCarthy said that Trump had brought candy to the meeting in an effort to smooth things over.

Who could have predicted Chuck and Nancy wouldn’t immediately write a check for $5.6 billion after being plied with Baby Ruth bars, M&M’s and Butterfingers? That kind of thing totally worked when he was negotiating a licensing deal for Trump Steaks! People were lining the streets to give him money!

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White House decides letting 38 million people starve during shutdown would’ve been a bad look

To be fair, you could see them going either way on this one:

Trump administration officials said Tuesday that the Agriculture Department will be able to pay out food-stamp benefits for the entire month of February—tamping down fears that the partial government shutdown could have resulted in rationing or halting of benefits. . . . Just a few days ago, White House officials had said funds for the Supplemental Nutrition Assistance Program were likely to run out in February if Congress didn’t act, an outcome that would have led to a sharp cut in benefits for millions of low-income Americans who rely on the program to help them pay for groceries each month. Democrats had seized on the White House’s threat as both sides tried to increase their political leverage as the shutdown, now in its [19th day], entered its third week.

This is obviously good news for the people who depend on the SNAP program, assuming they avoid the food that the F.D.A. won’t be able to inspect thanks to the furlough.

Treasury set to ease sanctions on Putin pal’s companies

Aw, we could never stay mad at you (for reasons Robert Mueller’s forthcoming report may or may not reveal):

Treasury Secretary Steven Mnuchin will brief lawmakers in the House of Representatives on Thursday about his department’s plan to terminate sanctions on three companies linked to Oleg Deripaska, a Russian billionaire with ties to Russian President Vladimir Putin. . . . The meeting follows Treasury’s December 19 notification to Congress that it would end sanctions on Rusal, EN+, and EuroSibEnergy in 30 days. Mnuchin said at the time that the decision was made after the companies “committed to significantly diminish Deripaska’s ownership and sever his control.”

Deripaska, a metals tycoon and close friend and ally of Putin, remains sanctioned, meaning no American may conduct business dealings with him directly or indirectly. He has come under scrutiny in the United States for his ties to the Kremlin as well as to Paul Manafort.

In September, we learned that the Treasury had effectively fallen ass-backwards into sanctioning Deripaska and Rusal last April after Mnuchin got flustered and announced sanctions that the administration never intended to implement.

At least some people are benefitting from Trump’s lies

I.e. the people who put money on just how many falsehoods will spew from his mouth at any given moment:

A gambling site is paying out thousands of dollars to people who correctly bet that President Donald Trump would tell more than 3.5 lies in his Oval Office address on Tuesday. Bookmaker.eu asked people to wager on the president’s truthfulness, offering odds of -145 for more than 3.5 lies and +115 for less than 3.5 lies. That means if a person bet $145 dollars that Trump would lie at least four times, they would win $100.

And some people won big. Odds consultant John Lester told BuzzFeed News the site will lose $276,424, with 92 percent of its bettors correctly wagering that Trump would lie a lot.

Lester said that Bookmaker had, of course, expected that Trump would lie but underestimated just how many “alternative truths” would spring from his mouth given the time constraints of the speech.

Bob Mercer will have to find a new way to dodge gun laws

Last April, we learned that when he wasn’t facilitating Brexit or getting Donald Trump elected, former hedge-fund manager Bob Mercer was spending a week each year in Yuma County, Colorado, in order to qualify as a volunteer sheriff, a status that allowed him to carry a concealed weapon in any state or locality. But according to a new report from Bloomberg, the Long Island billionaire will have to figure out an alternative workaround should he wish to continue packing heat in a covert fashion:

The New York hedge-fund magnate and conservative donor had his status as a volunteer deputy sheriff revoked by Yuma County, Colorado, Sheriff Chad Day on Monday, his last day in office. Day lost his re-election bid last year after Bloomberg News reported on Mercer’s role and his purchase of a new pickup truck for the sheriff’s official use.

The arrangement provoked controversy in the prairie county that borders Kansas and Nebraska. Day submitted papers last week ending the appointments of Mercer, 72, and at least a dozen other volunteer posse members, effective January 7, according to documents signed by Day and filed with the county clerk.

This isn’t the first county to force Mercer to turn in his badge: last year, the mayor of Lake Arthur, New Mexico, announced that he was shutting down the volunteer reserve-officer program and requiring existing reserve officers to turn in their credentials. Hopefully this turn of events simply means that Mercer won’t be able to, for instance, walk into Grand Central Oyster Bar with a gun in his pocket, and not that he’ll put those extra six days in his calendar toward helping get another papaya-colored fascist of his choice elected.

Jeff Bezos has a new lady friend

The Amazon founder is reportedly dating Lauren Sanchez, after announcing on Twitter than he and his wife are divorcing after 25 years of marriage. (Bezos and Sanchez did not respond to requests for comment.) Unsurprisingly, various wealth-trackers have already crunched the numbers—in this case, divided by two—and informed us that MacKenzie Bezos stands to become the richest woman in the world, assuming she and Jeff split their $137.2 billion fortune evenly (which, to be fair, is a fairly big assumption!).

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Read the complete “Levin Report” at the link.  (Or, better yet, sign up to have it delivered directly to your mailbox — I don’t believe that you have to be a Vanity Fair subscriber.)

Placing the government in the hands of a racist incompetent like Trump and his sycophantic stooge Cabinet Members is a prescription for national disaster. But, that doesn’t seem to bother the “Party of Putin.” The GOP seems to have sold us out long ago.

PWS

01-10-19

THE HILL: NOLAN SAYS PACKAGE INCLUDING BORDER SECURITY & DREAMER SOLUTION IS KEY TO ENDING SHUTDOWN

https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

Family Pictures

Nolan writes:

. . . .

Strict enforcement of employer sanctions could create chaos within California’s employer class, the kind of personal and financial turmoil that elected representatives are expected to fix — and which puts them in bad odour if they don’t.

Instead of putting Trump in a position where he has to resort to such drastic action, Pelosi could offer him border wall funding in exchange for immigration reform legislation, such as a legalization program for DACA participants.

Previous negotiations with Trump on DACA legislation seemed promising when he offered a legalization program for 1.8 million DACA participants in his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding.

The deal killer was a demand to end chain migration, but there is a way to compromise on that demand. Instead of a creating a regular legalization program for the DACA participants, create a place for them in the Special Immigrant Juvenile (SIJ) program.

This little-known humanitarian program makes lawful permanent resident status available to undocumented alien children who have been abused, abandoned, or neglected by a parent and should not be returned to their own countries.

Trump’s other demand was to end the Diversity Visa Program (DVP), but the Democrats have shown a willingness to end this program. Senator Charles Schumer’s (D-N.Y.) Gang of Eight bill would have repealed the DVPif it had been enacted.

. . . .

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I think that Nolan is on the right track for a compromise solution to end the shutdown:  robust border security plus Dreamer relief seems like a logical package. But, as with everything in Washington, the Devil is in the details.  And, Trump is always a “Wild Card” (in more ways than one).

If anyone can figure out a way to broker an agreement with Trump and Leader McConnell, it would be Speaker Pelosi. Whether you are a fan or not, she clearly will go down as one of the most effective and skilled legislators of her generation. Interestingly, Colby Itkowitz of the WashPost’s “The Fix” observed that Trump seems to have an unusual (and perhaps healthy) respect for Pelosi.  https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

PWS

01-04-19