GONZO’S WORLD: SESSIONS APPEARS READY TO ELIMINATE OR SEVERELY RESTRICT AUTHORITY OF EOIR JUDGES TO “ADMINISTRATIVELY CLOSE” CASES!

For some time now, immigrant advocates have been fearing/expecting Attorney General Jeff Sessions to use his authority to “certify” BIA cases to himself as a means to undo or restrict BIA administrative precedents that might be helpful or favorable to migrants.

For those new to the practice, the U.S. immigration Court, including both the trial courts and the Appellate Division (“BIA”), is a “wholly owed subsidiary” of the Attorney General and the U.S. Department of Justice. The Attorney General gets to select U.S. Immigration Judges and BIA Appellate Judges, and they basically serve in their judicial positions at his pleasure (although, for the most part, they can’t be removed from their positions as DOJ Attorneys without cause — in other words, they can  be reassigned to non-judicial duties at the same pay and grade largely “at will”).

Additionally, the Attorney General has the authority to promulgate regulations governing the jurisdiction and authority of the Immigration Courts and the BIA. Beyond that, he can actually change the result in individual cases with which he disagrees by a regulatory device known as “certifying” cases to himself for final decision. This process, of course, also applies to BIA precedents, which otherwise are binding on U.S. Immigration Judges nationwide.

The process of certification has now begun. Today, Sessions “certified” a BIA case to himself for the apparent purpose of stripping or limiting the authority of the BIA and Immigration Judges to “administratively close” cases. “Administrative closure” is a method of removing the case from the court’s active docket (significantly, it then no longer counts toward the “backlog” of pending cases).

It is normally used for cases that are pending for adjudication somewhere within the USCIS. It had also been widely used, particularly during the Obama Administration, as a means of implementing decisions by the ICE Chief Counsel to exercise “prosecutorial discretion” or “PD” in particular humanitarian situations, as well as a way for removing so-called “DACA” grants from the courts’ active dockets.

The particular case certified is Matter of Castro-Tum, 27 I&N Dec. 87 (A.G. 2018). The BIA’s decision is unpublished (“non-precedcential”). However, Session’s real target appears to be the BIA’s precedents Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), which gave Immigration Judges at least some independent authority to administratively close cases over the objection of a party (although, importantly, not the authority to close a case for “PD” without ICE Counsel’s consent). While Matter of Castro-Tum asks for briefing on a number of questions, it seems highly unlikely that Sessions went to the trouble of certifying the case to reaffirm, continue, or expand the use of “administrative closing.”

“Administrative closing” was initiated by the first EOIR Chief immigration Judge, the late William R. Robie, as a way of clearing court dockets of cases that were not actually under active consideration before the Immigration Court. It has been an effective way or reducing and prioritizing immigration Court dockets that has presented few problems in administration. Its elimination or restriction could lead to more “Aimless Docket Reshuffling” (“ADR”) or bigger backlogs.

Some advocates have even suggested that Sessions actually intends to maximize the Immigration Court’s already huge 660,000 case backlog to support a request for 1) a dramatic immediate increase in immigration Judge funding, or 2) a dramatic expansion of the number of individuals subject to so-called “Administrative (or “Expedited”) Removal” by DHS Enforcement officers without recourse to the immigration Court, or both.

Stay tuned to see which BIA precedents might be next on Session’s “chopping block.”

Here’s a copy of Matter of Castro-Tum:

https://www.justice.gov/eoir/page/file/1022366/download

Cite as 27 I&N Dec. 187 (A.G. 2018) Interim Decision #3911

Matter of Reynaldo CASTRO-TUM, Respondent

Decided by Attorney General January 4, 2018

U.S. Department of Justice Office of the Attorney General

The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively close immigration proceedings, ordering that the case be stayed during the pendency of his review.

BEFORE THE ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.l(h)(l)(i) (2017), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of this case, including:

1. Do Immigration Judges and the Board have the authority, under any statute, regulation, or delegation of authority from the Attorney General, to order administrative closure in a case? If so, do the Board’s decisions in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017), articulate the appropriate standard for administrative closure?

2. If I determine that Immigration Judges and the Board currently lack the authority to order administrative closure, should I delegate such authority? Alternatively, if I determine that Immigration Judges and the Board currently possess the authority to order administrative closure, should I withdraw that authority?

3. The regulations governing removal proceedings were promulgated for “the expeditious, fair, and proper resolution of matters coming before Immigration Judges.” 8 C.F.R. § 1003.12 (2017). Are there any circumstances where a docket management device other than administrative closure—including a continuance for good cause shown (8 C.F.R. § 1003.29 (2017)), dismissal without prejudice (8 C.F.R. § 1239.2(c) (2017)), or termination without prejudice (8 C.F.R. § 1239.2(f))—would be inadequate to promote that objective? Should there be different legal consequences, such as eligibility to apply for a provisional waiver of certain grounds of inadmissibility under the immigration laws or for benefits under federal or state programs, where a case has been administratively closed rather than continued?

4. If I determine that Immigration Judges and the Board do not have the authority to order administrative closure, and that such a power is unwarranted or unavailable, what actions should be taken regarding cases that are already administratively closed?

187

Cite as 27 I&N Dec. 187 (A.G. 2018) Interim Decision #3911

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before February 2, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before February 9, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before February 20, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to:

United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

188

If you want a copy of the BIA’s unpublished decision in Castro-Tum, go on over to LexisNexis Immigration Community at this link:

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/01/05/a-g-sessions-refers-administrative-closure-question-to-himself-matter-of-castro-tum-27-i-amp-n-dec-187-a-g-2018.aspx?Redirected=true

PWS

01-05-18

INSIDE THE LATEST DACA NEGOTIATIONS WITH TAL @ CNN—PLUS LAUREN FOX ON WHY SOME IN GOP FEAR THE “RUBIO EXAMPLE” ON IMMIGRATION!

http://www.cnn.com/2018/01/05/politics/daca-trump-congress-next-steps/index.html

“By Tal Kopan, CNN

The outline of an immigration deal is starting to take shape in Washington after months of negotiations. Yet even as lawmakers draw close to a resolution, filling in the blanks could prove insurmountable.

Key Republican senators left a White House meeting Thursday optimistic about reaching a deal to make permanent the Deferred Action for Childhood Arrivals program — which protected young undocumented immigrants who came to the US as children from deportation — along with some border security and immigration reforms.

But the meeting was boycotted by one Republican who is actively negotiating with Democrats, Sen. Jeff Flake of Arizona, for not being bipartisan, and even the GOP lawmakers in the room did not all agree on how to hammer out remaining sticking points.

President Donald Trump called for a bipartisan meeting next week to follow, lawmakers said afterward, and Vice President Mike Pence personally called to invite Flake, who accepted.

Democrats, meanwhile, are keeping their options open — doubling down on bipartisan negotiations and declining opportunities to draw red lines around some of the proposals.

The shape of a deal

Republicans who were in the meeting, including Sens. John Cornyn of Texas, Thom Tillis of North Carolina and James Lankford of Oklahoma, all described a similar set of ingredients. A deal should include a resolution for DACA — which currently would be a path to citizenship for qualifying young undocumented immigrants, negotiators say — along with beefed up border security that would include physical barriers, some limits to family-based visa categories and the end of the diversity visa lottery.

But there was disagreement over what all that consists of specifically.

South Carolina Sen. Lindsey Graham, who was at the White House meeting, and Flake — who have been negotiating intensely with Democratic Whip Dick Durbin of Illinois and Colorado Sens. Michael Bennet, a Democrat, and Cory Gardner, a Republican — both said Thursday that the “chain migration,” or family-based migration, piece would be limited.

“We’re not going to fix it all,” Graham told radio host Hugh Hewitt on Thursday. “But the first round, there will be a down payment on breaking chain migration.”

Flake told reporters that the negotiations were settling on limiting the issue of “chain migration” to the DACA-eligible immigrants protected in the eventual deal.

But Lankford flatly rejected that approach.

“No,” he said when asked about Graham’s characterization of talks. “This has to be broader than that, because if you’re going to deal with chain migration, you deal with chain migration. … I can’t count on the fact that we’re going to do another (bill) in six months to resolve the rest of it.”

Lawmakers are discussing ending the diversity visa lottery but not erasing the 50,000 visas for legal permanent residency distributed through it annually. Graham said the deal would “use them more rationally” and Flake said it would be part of a trade for resolving a type of immigration protection for nationals of countries who suffer major disasters, which the Trump administration has moved to curtail.

And the border security piece still remained elusive, even as Trump continues to demand his wall. Lankford and Tillis made efforts to tell reporters that the “wall” piece does not mean a solid structure all the way across the entire southern border.

“That’s not what he means. That’s not what he’s tried to say — I think that’s what people are portraying it as,” Lankford said. But neither could describe what Republicans actually want out of a border deal, and they said they were still waiting for the White House to provide clarity on what it could and could not live with.

“What we did today that I thought was truly (a) breakthrough … we saw the President assume leadership on this issue beyond what he already has in terms of the message to the American people,” Tillis said. “Now it’s about the mechanics.”

Lankford said he anticipated something on “paper” from the White House by Tuesday, though lawmakers have been asking for such guidance for weeks.

Democrats hedge

Democrats, for their part, wave off Republican accusations that they are not being serious on a border security compromise as noise, pressing on in the Durbin-hosted negotiations.

“Anybody who thinks that isn’t paying attention or has their own agenda,” said a Democratic Senate aide.

Senate Minority Leader Chuck Schumer at a news conference Thursday dodged an opportunity to attack Republicans’ demands on “chain migration” and the visa lottery.

“I’m not going to negotiate in front of everyone here,” the New York Democrat said. “We’ve always said we need strong and real border security, not things that sound good but don’t do the job. And we need to help the (DACA recipients). That’s what we believe, and we will sit down with our Republican colleagues and try to negotiate.”

As a January 19 government funding deadline rapidly approaches, Democrats are still insisting a DACA deal must be had but are also continuing to hope negotiations bear fruit, alarming some progressives.

“It’s concerning that Schumer and Pelosi are not positioning and framing on this,” tweeted Center for American Progress’ Topher Spiro, speaking of House Minority Leader Nancy Pelosi, a California Democrat. “They’re not setting themselves up to win public opinion and the blame game.”

In December, when Democrats helped Republicans punt the issue to January, a Senate Democratic leadership aide noted that it made no sense to force the issue when negotiations were still productive.

“I can’t imagine Sen. Schumer or Ms. Pelosi wanting to shut down the government over this issue when there is a bipartisan commitment to work on it in good faith,” Cornyn said Thursday, reiterating that Senate Majority Leader Mitch McConnell had promised Flake he would call a bill for a vote by the end of January if a compromise were reached.

Until then, 60 is the magic number — the number of votes required in the 51-49-split Senate to advance legislation.

“We got to get to 60, we’ve got to be reasonable and we’ve got to get it done,” Tillis said Wednesday.”

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

Meanwhile, Tal’s CNN colleague Lauren Fox tells us why some (but not all) in the GOP are “gun-shy” of involvement in immigration legislation.

http://www.cnn.com/2018/01/05/politics/republicans-immigration-daca-fight-2013/index.html

“(CNN)A group of Republican senators is working alongside Democrats to try to protect hundreds of thousands of young immigrants from being deported in upcoming months, but the harsh lessons of a failed immigration reform push in 2013 loom large for a party barreling toward a midterm election.

For the last several months, familiar players in the immigration debate — South Carolina’s Sen. Lindsey Graham and Arizona’s Sen. Jeff Flake — have re-emerged, committed to finding a narrower legislative solution for the Deferred Action for Childhood Arrivals policy, a program that shielded young immigrants who came to the US illegally as children from deportation. But new faces have also joined in. Sen. James Lankford, a Republican from Oklahoma, a state with a relatively small immigrant population, is involved, as is Sen. Cory Gardner of Colorado, the leader of the Senate’s campaign arm, and Sen. Thom Tillis of North Carolina, who worked as speaker of the House back in his state to pass immigration bills.
But in a climate where President Donald Trump swept the 2016 Republican primary with promises to build a wall at the southern border and applause lines to deport “bad hombres,” the politics for GOP senators involved in the negotiations are precarious. Still hanging in the backs of many members’ minds is the stark reality of what happened to a rising star in the Republican Party who stuck his neck out to fight to overhaul the country’s immigration system.
Notably absent in this debate is Sen. Marco Rubio of Florida — who spent most of his 2016 presidential campaign trying to answer for the Gang of Eight’s 2013 immigration bill. From debates to campaign ads, it was Rubio who endured the brunt of the right’s consternation.
close dialog

“I frankly think Sen. Rubio would have been better off embracing and not apologizing for what we did. The Gang of Eight bill was a good bill. I think that Republicans can survive more than we think we can survive on immigration,” said Flake, who will retire at the end of his term after facing a serious primary threat. “But on this, on DACA, look at this issue. This is a 70 to 80% issue across the board. People think kids shouldn’t be punished for the actions of their parents.”
One Democratic aide suggested the lesson from 2013 wasn’t to avoid immigration reform. After all, Graham was able to run for re-election successfully in a primary in South Carolina after backing the 2013 bill. Instead, the Democratic aide said, the lesson was “if you are going to get involved in immigration, do it all the way.”
Republicans working now say the politics of immigration reform have changed drastically for the party. Many have compared Trump’s opportunity on immigration to that of former President Richard Nixon’s détente with China, and Republican lawmakers hope that if they can convince the President to endorse a bipartisan immigration bill, it will offer political cover in the midterms from a mobilized base that has long opposed anything that gives immigrants who entered the country illegally a shot at legal status.
“At the end of the day, the base needs to recognize we would do nothing the President doesn’t support and the President has strong support from the base,” Tillis said when asked why he’d ever engage in talks on immigration after watching what happens to Republicans who got involved in the Gang of Eight negotiations in 2013.
On one hand, Republicans argue that Trump gives them the flexibility to pursue protections for immigrants eligible for DACA they never could have touched when President Barack Obama was in office. If the argument during the Obama administration was the base couldn’t trust Obama to enforce immigration laws or secure the border, Republicans believe the base will follow Trump wherever he leads them on immigration.
“We all agree that this president is the first president in my adult life time who really is in a position to to deliver on the promise that every other president has made and failed to produce,” Tillis said.
Even with Trump, however, there is still a liability in jumping headfirst into immigration reform. After the President attended a dinner with House Democratic leader Nancy Pelosi of California and Senate Minority Leader Chuck Schumer, D-New York, in the fall and Democrats suggested Trump had agreed to support the DREAM Act, conservative news site Breitbart declared Trump was “Amnesty Don.”
GOP Rep. Steve King of Iowa, a hard-liner on immigration, blasted Trump on Twitter: “@RealDonaldTrump Unbelievable! Amnesty is a pardon for immigration law breakers coupled with the reward of the objective of their crime.”
Other conservatives suggested the President had violated his promise on the campaign trail.
For now, the bipartisan effort to protect DACA recipients is far narrower than anything the Gang of Eight attempted — and the Republicans who are new to the talks insist on keeping it that way. In exchange for a potential path to citizenship for young immigrants, Republicans would get additional border security that included barriers, more personnel and technology. And anything agreed to, again, would have to have the blessing of the White House.
“I think it will be hard for Breitbart to attack Republicans who support Donald Trump’s immigration plan,” said GOP consultant and former Rubio spokesman Alex Conant.
Some also argue that DACA recipients themselves are easier to defend on the campaign trail, no matter how conservative your district is.
“I think it’s much harder to arouse hostility against the DREAMers,” former House Speaker Newt Gingrich told CNN. “But I also think the President is making real progress in controlling the border and dealing with illegals and going after MS-13.”
Rep. Mario Diaz-Balart, a Florida Republican who has worked for years on immigration reform in the House and has seen the politics evolve, said he’s been “encouraged” by how many Republicans still want to be involved despite the risks.
“The safe thing to do is just stay away from the issue, but I have been very encouraged by the number of Republicans who want to get involved,” Diaz-Balart said.

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

No deal yet, and not clear there will be.

At some point, the GOP is going to have to start governing in the overall public interest, not just the interests of the 20-30% of  voters who make up the dreaded “Trump Base.” Yeah, I understand that without the support of the “Trump Base” the GOP might revert to its proper place as a minority party.  But, eventually, even the “Base,” plus gerrymandering, plus voter suppression won’t be able to save the GOP. Leaving the retrogressive policies of “the Base” behind would make the GOP more competitive with the rest of the electorate. It would also make America better and stronger, both domestically and internationally. And, assuredly, the “Trump Base” represents a “dying breed” in American politics. It’s just a question  of how nasty and for how long its “death throes” will last.

PWS

01-05-17

GO SEE “DUE PROCESS IN ACTION” (FEATUIRING THE FABULOUS GW LAW IMMIGRATION CLINIC STUDENT ATTORNEYS) AT THE U.S. IMMIGRATION COURT IN ARLINGTON, VA IN 2018!

HERE’S “THE SCHEDULE:”

Spring 2018 ICHs – Immigration Clinic

 

# DATE/TIME Client Name Student-Attorney Immigration Judge Type of Case Country of Origin
1 01/11/2018 at 1pm M-A-A- Gisela Camba IJ Owens Asylum (PSG-Family ) Honduras
2 01/18/2018 at 1pm N-R- Solangel Gonzalez IJ Bain Asylum (PSG- Family) El Salvador
3 02/07/2018 at 1pm M-C-C- Caroline Hodge IJ Soper Cancellation of Removal (Non-LPR) Mexico
4 02/14/2018 at 1pm F-R- Julia Navarro IJ Soper Asylum (PSG –Family) El Salvador
5 03/07/2018 at 9am S-M-B- Dana Florkowski IJ Bain Asylum (PSG-DV) El Salvador
6 03/07/2018 at 9am S-N-, Y-N-, C-N- TBD IJ Bryant Asylum/U Visa Honduras
7 03/15/2018 at 9am B-R-S- Phuong Tran IJ Owens Asylum (PSG – former police officer) El Salvador
8 04/02/2018 at 1pm R-I- Ami Patel IJ – Unassigned Asylum (Religion) Egypt
9 04/24/18 at 1pm M-M-P- Fatimah Hameed IJ Burman Asylum (PSG – Family) Honduras
Friends,
Happy New Year.
The link to the Arlington Immigration Court follows, and the list of the Immigration Clinic Individual Calendar Hearings (ICHs) in the spring is attached.  You are welcome to attend any and all of the ICHs.  Your students, colleagues, etc., are welcome too.  No RSVP is required but I do suggest you check with Paulina Vera (pnvera@law.gwu.edu) and/or me a day or two before to confirm (or not) that the hearings will go forward.

https://www.justice.gov/eoir/arlington-immigration-court

**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
***********************************************
I can personally testify that having a chance to observe the GW Immigration Clinic in person is a treat and a lesson in “how to prepare an Immigration Court case the right way!”
Thanks to my good friend and neighbor Professor Alberto Benitez and his distinguished colleague Paulina Vera (also a former Arlington Intern and “Charter Member” of the “new Due Process Army”) for passing this along and for what they are doing for future generations of lawyers and Due Process in America!
PWS
01-05-18

NEW DOJ REPORT ON MIGRANTS IN FEDERAL PRISONS SHEDS LITTLE LIGHT BUT RE-IGNITES HEATED DEBATE!

https://www.nytimes.com/2017/12/21/us/undocumented-immigrants-crimes.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

As reported by Vivian Yee in the NY Times:

About one in five inmates in federal prison are foreign-born, and more than 90 percent of those are in the United States illegally, according to a report released on Thursday by the Trump administration, which has sought to highlight the dangers it says unauthorized immigrants pose to public safety.

Officials at the Justice Department and the Department of Homeland Security quickly framed the statistics as evidence that the country needed stricter anti-immigration measures, particularly the wall President Trump has pushed to erect across the southern border.

The report arrives as the White House and Republicans in Congress insist that any legislative deal to restore legal protections for young immigrants who were brought to the country illegally as children must include more restrictions on legal and illegal immigration.

. . . .

Administration officials have repeatedly emphasized what it says are links between unauthorized immigrants and crime, even opening an office to advocate for the victims of crimes committed by immigrants. But a large body of research has suggested that immigrants are no more likely, and often less likely, to commit serious crimes than native-born Americans.

The proportion of unauthorized immigrants in federal prison may be explained partly by the fact that immigration offenses now account for about half of all federal prosecutions, including those for smuggling people into the United States, illegally entering the country and illegally re-entering the country after being deported.”

Predictably, Attorney General Jeff Sessions seized upon the report to re-iterate his oft-made claim that we’re in the middle of an “alien crime wave:”

“At the border and in communities across America, our citizens are being victimized by illegal aliens who commit crimes,” the attorney general, Jeff Sessions, said in a statement on Thursday, calling on Congress to pass Mr. Trump’s immigration agenda. “The simple fact is that any offense committed by a criminal alien is ultimately preventable.”

Also predictably, Sessions’s claim was vigorously rejected by pro-immigrant advocacy groups:

“The report proves one thing only: The administration will take any opportunity possible to twist facts to demonize immigrants,” said Tom Jawetz, the vice president for immigration policy at the Center for American Progress, a liberal think tank. “The vast majority of immigrants in federal prison are there for crimes that only immigrants can be charged with — illegal entry and illegal entry after removal. When you cook the books you shouldn’t pretend to be surprised by the results.”

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

The Administration’s conclusions were also rejected in a report filed by Alex Nowrasteh of the Cato Institute, a Libertarian think tank:

https://www.cato.org/blog/new-report-illegal-immigrant-criminality-reveals-little-admits-its-own-shortcomings

Nowrasteh writes:

“The Department of Homeland Security (DHS) and the Department of Justice (DOJ) today released a report that found that about 94 percent of foreign-born inmates in Federal prisons are illegal immigrants.  That is not surprising, as illegal immigrants convicted of an immigration offense are incarcerated in federal prison and account 7.3 percent of all inmates.  Likewise, drug traffickers who cross international borders are also in federal prison and account 46.3 percent of all prisoners.  Thus, illegal immigrants are overrepresented in federal prison because the federal government enforces immigration laws and many drug trafficking laws but only a small fraction of all those incarcerated for all crimes committed in the U.S. are in federal prisons.

The authors of this DHS/DOJ report do deserve credit for highlighting its shortcomings.  On the first page, it states:

This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees.  This limitation is noteworthy because state and local facilities account for approximately 90 percent of the total U.S. incarcerated population.

The federal prison population is not representative of incarcerated populations on the state and local level, so excluding them from the report means that it sheds little light on nationwide incarcerations by nativity, legal status, or type of crime.  On the last point, it is shocking how unrepresentative federal prison is regarding the types of crimes its inmates are convicted of. In 2016, 67,742 people were sentenced to federal prison.  Almost 30 percent of them were for immigration offenses.  Those immigration convictions comprised 100 percent of the convictions for immigration crimes in the United States in 2016.  By contrast, there were only 85 federal convictions for murder out of a nationwide total of 17,785 murder convictions that year, comprising less than 0.5 percent of all murders.

If Garcia Zarate had actually been convicted of murdering Kate Steinle, then he would have been incarcerated in California state prison and he would not show up as an illegal immigrant murderer in this DHS/DOJ report.  What good is a federal report on illegal immigrant incarceration rates if it would have excluded Kate Steinle’s killer had he been convicted?

The DHS/DOJ report also explained why they did not include an estimate of illegal immigrants incarcerated on the state and local level:

DHS and DOJ are working to develop a reliable methodology for estimating the status of state and local incarcerated populations in future reports.

A March 2017 Cato Institute Immigration Research and Policy Brief employed a commonly used residual statistical methodology to analyze the incarcerated population in the U.S. Census for 2014.  We found that illegal immigrants were about 44 percent less likely to be incarcerated than native-born Americans.  I look forward to reviewing any methodology that the federal government comes up with but illegal immigrant criminals would have to be severely undercounted in prisons to give them an incarceration rate that even approaches native-born Americans.

The broad finding among criminologists and economists who study this topic is that immigrants are less crime-prone than natives whether measured by the areas where they live or their incarceration rates.  Although there is less research on illegal immigrant criminals, the general finding is that they are less crime-prone or about as criminally inclined as native-born Americans.  The DHS/DOJ report reveals no new information about incarcerations on the federal level, does not provide evidence for a higher nation-wide illegal immigrant incarceration rate, nor does it support the administration’s plea for more border security.”

 

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

Meanwhile, over at the American Immigration Council (“AIC”), another pro-immigrant group, Walter Ewing, although not mentioning the DOJ report specifically, asserts that here is no basis for the “nativists” claim that crimes by migrants are a crisis:

http://immigrationimpact.com/2018/01/03/nativists-claims-immigration-crime/

Ewing writes in AIC’s Immigration Impact blog:

“Social scientists have concluded that immigrants are far less likely than the native-born to commit serious criminal offenses or end up behind bars. More than one hundred years of research has firmly established this fact. Yet nativists still claim that undocumented immigrants pose a threat to public safety and national security.

They do this in two ways.

First, in the nativist mindset, since undocumented immigrants have broken a law by coming to or staying in the United States without authorization, they are all “criminals”—and criminals are dangerous. Therefore, according to this line of reasoning, undocumented immigrants must be dangerous criminals.

Second, since some undocumented immigrants are in fact serious criminals, nativists argue that we would have fewer criminals in the United States if we had fewer undocumented immigrants. Yet the same reasoning applies to any social group. If we had fewer white people, or short people, or blonds in this country, then there would be fewer serious criminals as well since some criminals are white, and some are short, and some are blond. Missing from this argument is the fact that immigrants commit crimes at a much lower rate than the native-born.

An example of the nativist line of reasoning comes from a story on Frontpage Magazine by retired Immigration and Naturalization Service (INS) agent Michael Cutler. The story throws together a collection of disembodied incarceration statistics with inflammatory political rhetoric. Cutler also argues, without citing a primary source, that undocumented immigrants are responsible for nearly a third of all murders in the country.

While Cutler can’t credibly back up his claims, there is no shortage of credible researchers who have demonstrated the absence of any relationship between high rates of immigration and high crime rates. In just the past three years, three compelling studies have been added to the pile of evidence which has been growing for decades concerning the lack of any connection between immigration and crime.

A study released in 2017 concluded that “undocumented immigration was significantly associated with reductions in drug arrests, drug overdose deaths, and DUI arrests” between 1990 and 2014. The study “provides evidence that undocumented immigration has not increased the prevalence of drug or alcohol problems, but may be associated with reductions in these public health concerns.”

Another recent study found no relationship between undocumented immigration and rates of violent crime. The authors note that their findings undermine what they call the “Trump Hypothesis,” a notion which holds that undocumented immigration is fueling “violent and drug-related crime in the United States” as declared by President Trump’s 2015 presidential campaign announcement.

Finally, a 2014 study found that “immigrants to the United States are less likely to engage in violent or nonviolent antisocial behaviors than native-born Americans.” Notably, native-born Americans were approximately four times more likely to report violent behavior than Asian and African immigrants and three times more likely than immigrants from Latin America.”

Cutler’s piece ignores this evidence and resorts to simplistic rhetoric; labeling any immigrant in prison for any offense a “criminal alien” and accusing them of terrorizing the American people. But it is immigrants—particularly the undocumented—who risk being terrorized by nativists in their zeal to stereotype and scapegoat immigrants as the source of every ill that afflicts the United States.

The former INS agent characterizes the statistics in his story as “the stunning numbers the Left cannot refute.” However, it is Cutler who seemingly can’t refute the body of research which thoroughly discredits his arguments.”

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

Suffice it to say that the grandiose claims about the DOJ report’s findings made by Sessions and others in the Administration appear problematic, at best.

PWS

01-04-18

MENTAL COMPETENCY HEARING: 9th CIR. CALLS OUT BIA FOR ERRONEOUS FACTFINDING AND FAILURE TO FOLLOW OWN PRECEDENT – CALDERON-RODRIGUEZ V. SESSIONS

16-70225-9th Competenc – y

Calderon-Rodriguez v. Sessions, 9th Cir., 01-03-18, published

COURT’S HEADNOTE:

The panel granted Henri Calderon-Rodriguez’s petition for review of the Board of Immigration Appeals’ decision, concluding that the Board in two related ways abused its discretion in affirming the IJ’s competence evaluation and determination.

First, the Board affirmed the IJ’s inaccurate factual findings, failing to recognize that the medical record upon which the IJ and Board heavily relied was nearly a year old, and that it may have no longer reflected Calderon’s mental state.

Second, the Board affirmed the IJ’s departure from the standards set out by the Board for competency determinations in Matter of M-A-M-, 25 I. & N. Dec. 474 (BIA 2011). Specifically, the panel concluded that the IJ did not adequately ensure that the Department of Homeland Security complied with its obligation to provide the court with relevant materials in its possession that would inform the court about Calderon’s mental competency. In this respect, the panel noted that, importantly, neither the IJ nor the Board recognized that, as DHS was providing ongoing medical care to Calderon as a detainee, it necessarily possessed additional relevant, but not introduced, medical records.

The panel remanded to the Board with instructions to remand Calderon’s case to the IJ for a competence evaluation based on current mental health reviews and medical records, as well as any other relevant evidence.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

PANEL:  A. Wallace Tashima and Marsha S. Berzon,Circuit Judges, and Matthew F. Kennelly,* District Judge.* The Honorable Matthew F. Kennelly, United States District Judge for the Northern District of Illinois, sitting by designation.

OPINION BY: Judge Berzon

KEY QUOTE:

“First, the BIA affirmed the IJ’s inaccurate factual finding about the mental health evidence in the record. Neither the IJ nor the BIA recognized that the medical record upon which they heavily relied was nearly a year old, and that it may have no longer reflected Calderon’s mental state. Instead, the IJ referred to the medical record as an “updated” reflection of Calderon’s present mental health condition, and stated that the record showed that Calderon “[p]resently . . . is not exhibiting any active PTSD symptoms, suicide ideation, hallucinations, or psychosis” (emphasis added). Those findings as to Calderon’s condition at the time of the hearing were not supported by the year-old date on the mental health record. As these critical factual findings were made “without ‘support in inferences that may be drawn from the facts in the record,’” Rodriguez v. Holder, 683 F.3d 1164, 1170 (9th Cir. 2012) (quoting Anderson v. Bessemer City, 470 U.S. 564, 577 (1985) and citing United States v. Hinkson, 585 F.3d 1247,M1262 (9th Cir. 2009) (en banc)), they constituted an abuse of discretion.

Second, the BIA abused its discretion by affirming the IJ’s departure from the standards set forth in Matter of M-A-M-, 25 I&N Dec. at 480–81. See Mejia, 868 F.3d at 1121. While the IJ did “take” at least some “measures” to determine whether Calderon was competent, Matter of M-A- M-, 25 I&N Dec. at 480, she did not adequately ensure that DHS complied with its “obligation to provide the court with relevant materials in its possession that would inform the court about the respondent’s mental competency,” as required by Matter of M-A-M-. Id.

Importantly, neither the IJ nor the BIA recognized that, as DHS was providing ongoing medical care to Calderon as a detainee, it necessarily possessed additional relevant, but not introduced, medical records. There were, indeed, specific indications that there were later medical records not provided to the IJ or the BIA that could have reflected a deterioration in Calderon’s condition.”

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This unrepresented Respondent has been in DHS custody for going on six years! This case previously reached the Court of Appeals and was remanded at the DOJ’s request for the holding of a competency hearing. Yet, the BIA still did not take the time and care necessary to properly apply their own precedent on how to conduct mental competency hearings consistent with due process!

PWS

01-04-18

TRAC: IMMIGRATION COURT BACKLOG CONTINUES TO MUSHROOM TO NEARLY 660,000 CASES WITH NO END IN SIGHT!

Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. During the first two months of FY 2018, the Immigration Court number of pending cases climbed by an additional 30,000. According to the latest case-by-case court records, the backlog at the end of November 2017 had reached 658,728, up from 629,051 at the end of September 2017. Despite the hiring of many additional immigration judges, there has been no apparent slackening in the growth of this backlog. The rate of growth during the first two months of FY 2018 was in fact greater than the pace of growth during FY 2017.

California leads the country with the largest Immigration Court backlog of 123,217 cases. Texas is second with 103,384 pending cases as of the end of November 2017, followed by New York with 89,489 cases.

These and other findings are based upon very current case-by-case court records that were obtained under the Freedom of Information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. For further highlights see:

http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php

And for full details, go to TRAC’s online backlog tool at:

http://trac.syr.edu/phptools/immigration/court_backlog/

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through November 2017. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

———————————————————————————
The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (http://whitman.syr.edu) and the Newhouse School of Public Communications (http://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to http://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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Of personal interest to me, the U.S. Immigration Court in Arlington, Virginia now has a pending caseload approaching 40,000 cases! Yet, amazingly, the “powers that be” apparently are still detailing Arlington immigration Judges to other dockets! Talk about ADR in action! No wonder cases are being set for Individual Hearing dates 4-5 years in the future!

PWS

01-04-18

THE HILL: NOLAN SAYS THIS MIGHT BE THE DREAMERS’ BEST, AND ONLY, DEAL!

http://thehill.com/opinion/immigration/367009-without-a-trump-democrat-trade-the-dream-act-is-just-a-dream

 

Family Pictures

Nolan writes:

“A Proposal.

Trump supports the congressional establishment of a temporary DACA program for current DACA participants in return for funding to complete the border fencing that was mandated by the Secure Fence Act of 2006, which was passed in the Senate by a vote of 80 to 19. The yeas included current Senate party leaders Mitch McConnell (R-Ky.) and Schumer and former Senators Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.).

DHS only completed 653 miles of the 700-mile mandate, which leaves 47 miles for Trump. This would give him a chance to show that he can erect a “beautiful wall” for a reasonable price — the question is if Democrats will accept that cost.”

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Go on over to The Hill to read Nolan’s complete article, which contains much more information on the Dream Act proposal.

I’ve said for some time now that I think 47 miles of additional border wall/fencing for a path to permanent status for the current “Dreamers” would be a good trade off for both parties.

PWS

01-04-18

SO-CALLED “SANCTUARY CITY” NEW YORK SEES AMAZING DROP IN CRIME! — Maybe Gonzo Should Stop Lobbing Anti-Immigrant Grenades & Study What Actually Works!

https://www.nytimes.com/2017/12/27/nyregion/new-york-city-crime-2017.html?_r=0

Ashley Southall reports for the NYT:

“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.

In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.

If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.

“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.

But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful men like Harvey Weinstein, which gave rise to the #MeToo movementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.

And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.

The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.

The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.

The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.

Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?

“We don’t know when we’ve exhausted the possibilities of urban crime decline, and we won’t know unless and until New York scrapes bottom,” said Mr. Zimring, who analyzed the first 20 years of New York’s historic crime reduction and expounded on it in a book.

Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.

Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.

One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.

But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.

More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.

“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.

The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.

Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.

Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.

“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”

Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.

In some cases, the data annotates horrible crimes: an ISIS-inspired truck rampage on a Manhattan bike lane on Halloween that left eight people dead; the ambush killing of a police officer, Miosotis Familia, 48, who was shot in the head on July 4 while sitting in her R.V.-style command post in the Bronx; the death of Timothy Caughman, 66, a black man, at the hands of a sword-wielding white supremacist on March 20.

Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.

While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”

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AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.

PWS

01-01-18

HOW THE WHITE NATIONALIST RESTRICTIONSTS MIS-APPROPRIATED AND MIS-CONSTRUED THE TERM “CHAIN MIGRATION” – It’s All About Race & Culture Wars, Not The Best Interests Of The US!

https://www.vox.com/policy-and-politics/2017/12/29/16504272/chain-migration-family-how-trump-end

Dara Lind writes for VOX:

“Over the course of President Donald Trump’s first year in office, his administration’s top immigration priority has shifted subtly. He’s talking less about deporting “bad hombres” and talking more — a lot more — about how “chain migration” is bad for the United States.

“We have to get rid of chainlike immigration, we have to get rid of the chain,” Trump told the New York Times’s Mike Schmidt in an impromptu interview at his West Palm Beach golf club in December. He followed it up, as he does, with a tweet:

“Chain migration” — which is loosely used as a synonym for all immigration to the United States that happens based on family ties (when a US citizen or, in some cases, a green card holder petitions for a relative to join them) — has become a conservative boogeyman, and an excuse to cut down on legal immigration. It’s long been a target of immigration restrictionists whose concerns about immigration are less about people “respecting the law” than about the government exercising stricter control over who enters the country.

Under the Trump administration, those restrictionists have more political power than they’ve had in a generation — and they’re using it to prosecute an aggressive case against the family-based system as it stands.

The Trump administration’s attacks on “chain migration” have helped shift the terms of the debate over immigration policy. “Chain migration” is being invoked, among other things, to frame two totally different demands Republicans have made in the debate over legalizing immigrants temporarily covered by the Deferred Action for Childhood Arrivals program: preventing current DACA recipients from sponsoring their parents after becoming citizens, and cutting or eliminating some categories of family-based immigration for all immigrants in exchange for legalizing DACA enrollees.

But it’s not just during the DACA debate. The Trump administration blamed the failed New York subway bombing in December on “chain migration” because the would-be bomber came as the child of a US citizen’s sibling in 2010. Its National Security Strategy, issued Monday, called chain migration a security threat.

In other words, the Trump administration’s attack on “chain migration” isn’t just a setup for a particular policy fight. It’s about who is allowed to be a part of America — and whether changes to the country’s makeup are healthy demographic development or a sign of uncontrolled invasion.

“Chain migration” is the technical name for a commonsense idea: People are more likely to move where their relatives are

The dynamic underlying “chain migration” is so simple that it sounds like common sense: People are more likely to move to where people they know live, and each new immigrant makes people they know more likely to move there in turn.

But as obvious as the reality is on the ground, it wasn’t always incorporated into theoretical models of migration (particularly economic models). Economists tended to think about the decision to migrate as a simple calculus of how much money someone was making at home versus how much he could be making abroad, rather than understanding that the decision was more complicated — and that family and social relationships played a role.

Princeton demographer Doug Massey, one of the leading scholars on immigration to the US at the end of the 20th century (and the beginning of the 21st), was one of the scholars who tried to correct this oversimplified view. As he put it in an essay for the Inter-American Parliamentary Group on Population and Development in the early 1990s:

The first migrants who leave for a new destination have no social ties to draw upon, and for them migration is costly, particularly if it involves entering another country without documents. After the first migrants have left, however, the costs of migration are substantially lower for their friends and relatives living in the community of origin. Because of the nature of kinship and friendship structures, each new migrant creates a set of people with social ties to the destination area.

These immigrants would also end up behaving differently once they arrived in their new countries. If they were just there for economic reasons, they’d have an incentive to move back once they’d made enough money, or circulate back and forth. But immigrants who move for social reasons are moving to a new community — a new place they’ll stay. That’s an upside if you think it’s important for immigrants to become American — and a downside if you think the US should be much pickier about who gets to move here for good than it is about who gets to work here.

One upshot of chain migration: Any policies that made it easier for immigrants to bring their relatives would allow migration chains to form, thus expanding immigration into the country. “Family reunification systems,” Massey wrote, “work at crosspurposes with the limitation of immigration.”

Massey and the other demographers of “chain migration” weren’t presenting it as a negative. But their words were easily adopted by people who did. The Massey essay quoted above ended up being reprinted in an issue of The Social Contract — the journal founded by immigration restrictionist mogul John Tanton, who also founded the three most visible restrictionist organizations in American politics (the think tank the Center for Immigration Studies and the advocacy groups NumbersUSA and FAIR).

The Social Contract was a forum for concerns about the threat of mass immigration (particularly mass nonwhite immigration) to the United States. (The Southern Poverty Law Center, which considers all Tanton-affiliated institutions to be “hate groups,” has a rundown of some of the journal’s more incendiary content.) Massey, on the other hand is a longtime supporter of reforms that would make it easier for immigrants to come to America.

An article by a supporter of expansive immigration policy could be reprinted, with few apparent edits, in a journal for his intellectual opponents only because the debate over chain migration is fundamentally not about whether it happens, but whether it’s okay. Defenders of chain migration tend to argue that it’s important for immigrants to put down roots in the US, and that having a family here is part of what that means.

Opponents, on the other hand, see family-based immigration as the government ceding some control for who gets to come here, so that it’s not selecting individuals in a vacuum — which leads rapidly to fears of the US government losing control of the immigration system entirely.

The actual policy behind “chain migration”

It’s not clear whether President Trump understands how family-based immigration actually works — and when it can lead to “chains” of relatives. Trump has claimed that the man who ran over several pedestrians in New York in November brought 23 (sometimes he says 24) relatives to the US in the seven years he’d lived here — a claim that chain migration opponent Mark Krikorian of the Center for Immigration studies said was impossible. And the White House’s “chain migration” diagram makes it looks like each generation of adults brings in children, which brings their children — which isn’t how chain migration works.

To better understand what policies, exactly, opponents of “chain migration” are worried about, check out this chart from the restrictionist advocacy group NumbersUSA — which is a more detailed representation of the same fear of overwhelming, uncontrollable waves of migration.

It’s a little overwhelming!
NumbersUSA

Let’s walk through the scenario in that chart. It depicts an immigrant who’s come to the US on an employment-based green card (in black) and is able to bring over his spouse and children immediately. He can also petition for his parents to come to the US on green cards, and — after he becomes a citizen (something the NumbersUSA chart doesn’t clarify) — he can petition for his siblings as well (all in gray).

The siblings all bring over their spouses and children immediately, and the spouses (in orange, maroon, navy, and teal) petition to bring over their own parents and (upon naturalization) their own siblings. The original immigrant’s parents (eventually) petition for their own siblings to come to the US, and the siblings then petition to bring over their married adult children — whose spouses can then petition for their own parents and (eventually) siblings, etc., etc.

Meanwhile, the original immigrant’s spouse can petition for her parents (in pink) and, once she becomes a citizen, her siblings (in blue, purple, red, and green). Those siblings bring over their spouses, who subsequently petition for their own parents and siblings, etc., etc.

There are a ton of assumptions in this model about the way immigrants behave — why is everyone in families of four or five? Does no one really want to stay in her home country? Is there no such thing as a bachelor in any of these families? — but the visa categories under US law make it a hypothetical possibility. But the thing is, US policymakers know that it’s a hypothetical possibility. And there are safeguards built into the system that restrict family-based immigration far more than the diagram would have you believe.

In practice, bringing over a family member takes years — which makes it very hard to build a chain

No one is automatically allowed to immigrate to the US. Anyone applying for residency in the country has to go through a standard vetting process — including a criminal and terrorism background check, and an evaluation of whether they’re likely to become a “public charge” in the US (i.e., be unable to support themselves for income and rely on social programs).

Trump’s National Security Strategy claims that “chain migration” is a problem for national security, but there’s nothing inherent to the way someone is allowed to immigrate to the US that makes it harder for the US to catch would-be terrorists — that is, if anything, a failure of the screening process.

The bigger obstacle, though, isn’t qualifying to immigrate — it’s that the number of hypothetically qualified family-based immigrants greatly exceeds the number of slots available for immigrants each year. The US doesn’t set caps on the number of spouses, minor children, or parents of US citizens who can come to the US each year — but, again, those categories in themselves don’t create chains.

The categories that do create chains are strictly capped: 23,400 married children of US citizens (plus their own spouses and minor children) are allowed to immigrate each year, and 67,500 adult siblings of US citizens (plus spouses and minor children). Furthermore, because the total number of immigrants coming from a particular country each year is capped, would-be immigrants from Mexico, China, India, and the Philippines end up facing even longer wait times.

When people talk about the “visa backlog,” this is what they mean: In January 2018, for example, the US government will start processing applications for F4 visas (the siblings of US citizens) who first petitioned to let them immigrate on June 22, 2004, or earlier. That is, unless the sibling lives in India (in which case the petition had to be filed by December 2003 to get processed in January 2018), Mexico (November 1997), or the Philippines (September 1994).

Sudarshana Sengupta, pictured here with family in Massachusetts, had been waiting for a green card for seven years when this picture was taken.
Washington Post/Getty Images

Understanding that an F4 visa is a 13- to 23-year process throws that NumbersUSA diagram into a different light. How implausible it is depends on your assumptions about how close together generations are, and how young the immigrants are when they come to the United States. But if you start by understanding that the first members of the orange, maroon, navy, teal, blue, purple, red, and green chains don’t enter the US until 18 years after the original immigrant (signified by black) does — and that the first immigrants in the yellow section of the chart don’t enter the country until 23 years later — it should give you a sense of how long it will take in to fill in the rest of the chain.

In practice, this ultimately looks like a lot of people coming to the US in late middle age. That’s backed up by the data: A study from Jessica Vaughan of the Center for Immigration Studies — which is critical of “chain migration” — found that the average age of immigrants to the US has risen over the past few decades, and that family-based immigration was a substantial cause.

But even then, the NumbersUSA scenario assumes that all the immigrants can afford to sponsor a family member to immigrate to the US. A US citizen (or green card holder seeking to bring an unmarried child or parent) has to prove to the government that they can provide financial support if their relative needs it, rather than relying on the government for aid.

In practice, this means that every immigrant needs to have someone vouching for them whose household income is 125 percent of the poverty line — and the “household” includes the relative who’s trying to come to the US. In other words, a single adult could sponsor his parent to immigrate if he made at least $20,300 — 125 percent of the federal poverty line for a two-person household — but if he had a spouse and two children, he’d have to be making 125 percent of the poverty line for a five-person household. And that includes any other immigrants who the household is sponsoring at the same time.

So an immigrant with a wife and two children who wanted to sponsor his parents and four siblings to immigrate as soon as he became a citizen would have to be making $56,875 — around the median income in the US. And if his spouse were trying to do the same thing with her parents and four siblings, as in the NumbersUSA chart, they’d have to be making $83,000 — which would place them in the 66th percentile of US household income.

That’s not impossible. But it certainly calls into question the stereotype of family-based migration as a way for “low-skilled,” low-earning immigrants to bring their low-skilled, low-earning relatives into the US.

There are ways for citizens to get other people to agree to help support a potential immigrant relative. But at the same time, the US government has discretion to reject an application, even if the citizen meets the income threshold, if they suspect that in practice the immigrant won’t be supported in the US. (Another factor in determining “public charge”is age — which is interesting, given the data about family-based immigrants being older.)

Add all of these factors together, and it becomes clear that an immigrant won’t be able to bring that many relatives to the US over the course of his or her lifetime. Vaughan’s studyfound that as of 2015, immigrants who came to the US from 1981 to 2000 had sponsored an average of 1.77 relatives to come join them. The most recent immigrants in the study — those who came to the US in the late 1990s — had sponsored the most relatives: 3.46. But both of those numbers include the minor children they brought with them at the time: In other words, they were hardly starting 3.46 new “chains.”

If anything, in fact, the family-based system is so overloaded that it ends up creating unrealistic hopes in people that they’ll be able to immigrate to the US. If your sibling moves to the US on a work visa, for example, you might start to hope that he’ll eventually be able to bring you along — but if you try to plan your life around that, you’ll end up waiting for two decades.

There are hints all this panic over “chain migration” is really about fear of cultural change

All of this is relevant to a conversation about whether to further restrict, or eliminate, the F3 and F4 visas for married children and adult siblings of US citizens. And indeed, that’s the most common policy demand being made by Republicans who are seeking to end or reduce “chain migration.”

But the most stalwart opponents of “chain migration,” the ones who use it to refer to all family-based immigration, period, are talking not just about the mechanics of the chain but about a bigger normative question: whether allowing immigrants to come as family units, or allowing people to immigrate based on family relationships, gives the US too little control over who gets to come.

The ultimate impression of both the White House and NumbersUSA “chain migration” diagrams is to make it seem that admitting a single immigrant unleashes an uncontrollable tide of infinite future family-based immigration — that each immigrant is a one-person Trojan horse for hundreds more.

A pro-Brexit billboard depicting a stream of refugees “overrunning” Britain.
This is an image from the pro-Brexit campaign, but the theme’s the same: a lack of control.
Daniel Leal-Olivas/AFP via Getty

“As more and more immigrants are admitted to the United States, the population eligible to sponsor their relatives for green cards increases exponentially,” the restrictionist group FAIR says on its website. “This means that every time one immigrant is admitted, the door is opened to many more.”

This potent visual is why “chain migration” has been a longtime target of immigration restrictionists, even when the Republican Party as a whole was attempting to welcome legal immigrants. For people whose biggest fear regarding immigration is that immigrants will change the face of America — that they’ll trample the country’s “traditionally” white, Christian majority — there’s little more potent than the idea of immigrants bringing over huge families, replanting their communities whole in American soil.

This fear goes hand in hand with a fear that immigrants won’t assimilate. When immigration restrictionists cite the second quarter of the 20th century as a great time for the United States, they’re not (at least explicitly) praising the racist country quotas that governed immigration at the time. They’re (explicitly) praising the fact that, with overall immigration levels low, immigrants were forced to interact with and eventually integrate among US citizens. The more immigrants that come over — and especially the more that immigrants bring their families over — the less, in theory, that they and their descendants will have to interact with people from outside of their community. In turn, this gets into fears that parts of America could become alien to Americans — cultural, or literal, “no-go zones.”

The use of “chain migration” in the current debate over DACA, to refer to DACA recipients allowing their parents to become legal immigrants, complicates the matter even further. Because the parents of DACA recipients have, by definition, lived in the US as unauthorized immigrants, this isn’t really about bringing new people into the US — it’s about legalizing people who are already here (or bringing people back who have been deported, something US policy already makes pretty hard).

The insistence among some Republicans that “Dreamers” not be allowed to sponsor their parents, even after they become US citizens, is really about not wanting to “reward” unauthorized immigrants for living in the US without papers. They’re worried about losing “control” in a slightly different sense — worried that any “reward” for illegal behavior will incentivize a new wave of unauthorized migration to take advantage of potential rewards. This is pretty far afield from the way that “chain migration” is commonly understood — but that’s the word being used in the DACA debate anyway, not least because the president has helped turn it into a buzzword.

Because these memes, and the fears that they provoke, are all so tightly connected, “chain migration” is both an ideological concern about America selecting immigrants based on their merit, and a racist smokescreen for fears of demographic change. It can be hard to separate the two. And it’s certainly not in the interests of the opponents of “chain migration” to try.

There’s a reason that family-based immigration has lasted as long as it has

It’s a lot easier to get people to agree, in theory, that the US should be accepting immigrants on the basis of “merit” — i.e., without concern for whether they have relatives living here — than it is to get them to agree on exactly what should be done to reduce the importance of family-based immigration to the current system.

For one thing, many policymakers, including many Republicans, see allowing some family members to immigrate as an important factor in encouraging integration. Allowing immigrants to bring along their spouses and minor children, for example, makes it less likely that they’ll decide to return to their home countries — and it means their children will grow up American, in more ways than one.

There are also policymakers who see family unity as a value worth protecting for its own sake (an argument you’ll often hear among religious advocates). And there’s, of course, an ethnic component. Asian Americans, in particular, feel that they are still trying to make up ground after decades of racist exclusion from the immigration system — and family-based immigration has been the best way for them to make that ground up. Mexican Americans, too, feel that the current system has unfairly forced Mexican immigrant families to be separated while other families get to reunite with ease.

All of these objections have combined, so far, to make Democrats firmly opposed to any proposal that would restrict future family-based immigration. But as “chain migration” begins to eclipse other issues (like immigration enforcement in the interior of the US) as a top Republican priority, it’s not clear whether Democrats’ commitment to hypothetical legal immigrants of the future is going to win out over their commitment to legalizing unauthorized immigrants who are currently here.”

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The fear that the US won’t be a “White Christian country” is what’s really driving the campaign against family migration (a/k/a/ “chain migration”). But, in reality, the days of the US as a “White Christian Empire” are in our national rearview mirror, no matter what the White Nationalist restrictionists do. It’s really just a question of how much pain, suffering, and divisiveness the White Nationalists can inflict as their already tenuous control inevitably continues to slip.

As almost all “non-restrictionist” economists tell us, restrictive national immigration policies are not in our national interest. In fact, more, not less legal immigration is going to be a necessity to keep our economy from stagnating like that of Japan and some European countries. Indeed, Paul Ryan’s goofy “everyone should have more kids” was an acknowledgement of how our future success depends on a robust legal immigration system.

Also, the concept that the legal admission of Dreamers is a “negative” that has to be “offset” by cuts in legal immigration elsewhere is pure fiction. Dreamers are already here and contributing to our society and our national welfare. Giving them legal status is not only the right thing to do, but also the smart thing. And doing the “smart thing” requires no bogus “offsets.”

PWS

01-01-18

AMERICA THE FORMER GREAT: UNDER TRUMP, AMERICA HAS SURRENDERED ITS WORLD LEADERSHIP POSITION — It’s Unlikely We’ll Ever Get It Back!

https://www.cfr.org/blog/year-one-america-first-global-governance-2017/?cid=3D=

 

 

Patrick T. Stewart writes for Foreign Affairs:

Coauthored with Anne Shannon, former intern in the International Institutions and Global Governance program at the Council on Foreign Relations.

After President Donald J. Trump’s election last fall, many experts predicted that 2017 would be a tumultuous year for international cooperation. During his campaign, Trump promised to “make America great again” by renegotiating or renouncing “bad” and “unfair” international agreements, and questioned the value of international institutions. Since January, Trump’s “America First” policies have seen the United States abdicate its global leadership role. Yet contrary to expectations, multilateral cooperation on pressing issues like climate change and migration has continued, as other states have stepped up to lead. Despite all the tumult, the world has recorded several important achievements for multilateralism alongside the setbacks.

Climate Change

More on:

Global Governance Diplomacy and International Institutions Trump Foreign Policy 2017
Trump’s largest blow to international cooperation came in June when he announced his intention to withdraw the United States from the Paris Climate Accord. Early reactions suggested that other countries might respond in kind, reneging on their commitments and stalling overall progress on environmental governance. Nevertheless, this November’s climate conference in Bonn, aimed at finalizing aspects of the Paris Agreement, was a success. Participating states secured additional funding for climate initiatives and agreed to several objectives in the fields of agriculture, indigenous rights, and gender equality in climate governance.

French President Emmanuel Macron, who has made combatting climate change a signature policy, hosted a separate global climate conference this December, raising additional funds to meet Paris commitments. And while the Trump administration signaled its intent to abandon the agreement, many U.S. states, cities, and companies have stepped into the void, pledging commitments of their own. The successes in Bonn and Paris, combined with near-unanimous international support for the Paris Accords, indicate that multilateral cooperation on climate change will continue without U.S. leadership, even if the politics look challenging.

Global Trade

Trump’s protectionist campaign positions suggested that global trade would take a beating in 2017. Experts warned of trade wars, predicting that a downward spiral of tit-for-tat measures could strangle economic growth. In fact, according to the International Monetary Fund (IMF), global trade in goods and services increased, growing 4.2 percent in 2017, almost twice the growth registered in 2016. Despite Trump’s decision to pull the United States out of the Trans-Pacific Partnership (TPP) and threats to pull out of the North American Free Trade Agreement (NAFTA), neither deal is dead yet. The remaining TPP members revived the idea of trans-pacific trade at the Asia-Pacific Economic Partnership (APEC) summit in November, making significant progress without the United States toward what is now known as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).

Even as extreme U.S. demands stall NAFTA renegotiations, U.S. public support for NAFTA increased in 2017, pressuring the Trump administration not to withdraw from the agreement. While the United States has abdicated global trade leadership, the European Union (EU) has made progress on several important agreements of its own, notably one with Japan, encompassing countries that account for over 30 percent of the world’s GDP. The EU-Japan agreement will reduce the ability of the United States to set world product standards and other regulations—disadvantaging U.S. exports in the process. In exercising his America First strategy, President Trump could actually hurt U.S. businesses. Reinforcing this possibility was the disappointing December WTO ministerial meeting in Argentina, in which parties failed to reach any significant multilateral deals.

Migration

Trump has continually and publicly expressed negative opinions about immigrants, particularly (although not exclusively) illegal ones. He demands a wall between the United States and Mexico and has signed several executive orders attempting to halt refugee admissions, as well as ban immigrants from various Muslim-majority countries. Nevertheless, international efforts to cooperate on migration issues have continued, notwithstanding certain setbacks.

In December, Mexico held multilateral negotiations toward a Global Compact on Migration, despite the United States withdrawal from the negotiating process. In November, the African Union-European Union summit saw both blocs condemn the situation of migrants in Libya and pledge to work toward a joint migration task force. All is not rosy, of course. According to Amnesty International and other groups, EU governments remain complicit in the Libyan migrant crisis. Elsewhere, Australia closed a refugee camp on Manus Island in Papua New Guinea, while Bangladesh and Brazil struggled to accommodate influxes of refugees across their borders.

Nuclear Proliferation

Despite Trump’s decision not to recertify the “terrible” Iran deal, the Joint Comprehensive Plan of Action (JCPOA) remains alive. Europe strongly condemned Trump’s decision, and along with China and Russia, pledged to remain committed to the JCPOA as long as Iran complies, even if the United States backs out. Were such a breakdown between the United States and other permanent UN Security Council members (as well as Germany) to occur, the U.S.-led sanctions regime against Iran could well disappear as European, Chinese, and Russian firms deepen business ties with Iran. The continued success of the JCPOA is also vital for the prospects of a peaceful resolution of tensions with North Korea. Indeed, some argue that the JCPOA could be a blueprint for a similar agreement with North Korea. By contrast, the United States would lose any negotiating credibility with North Korea if the Trump administration pulls out of the Iran agreement.

International Institutions

Global governance has held ground in 2017 in other, less publicized, ways. The IMF and the World Bank, unlike other multilateral institutions, have largely escaped Trump’s criticism. Although several senior administration officials have long histories of disliking the IMF and World Bank, savvy diplomacy by Jim Yong Kim and Christine Lagarde seems to have placated the Trump administration so far.

President Trump has also backpedaled on some of his criticisms of international alliances and organizations. After repeatedly calling the North Atlantic Treaty Organization (NATO) obsolete on the campaign trail, Trump deemed NATO “no longer obsolete” in April after meeting Secretary-General Jens Stoltenberg. Trump also toned down his rhetoric on the United Nations. In April he called the organization “unfair” and an “underperformer;” in September the president tweeted that the “United Nations has tremendous potential.” (Whether this rapprochement will withstand the UN General Assembly’s condemnation of the unilateral U.S. recognition of Jerusalem as Israel’s capital remains to be seen.)

America First’s Future

Looking forward to 2018, it is difficult to predict how Trump’s America First agenda will affect global governance, particularly with a notoriously unpredictable president. It is possible that Trump will continue to renege on some campaign promises. Moreover, midterm elections in November could severely cripple his ability to pass nationalist-minded legislation. Still, he retains significant leeway, should he choose to use it, to undermine NAFTA, the JCPOA, and other international agreements through executive action.

Regardless of the president’s choices, his actions cannot overturn a fundamental contemporary reality—namely, that transnational challenges require global solutions. The lesson of 2017 is that other states are willing to step forward to fill some of the leadership roles vacated by the United States. In pulling back from international cooperation, Trump is forfeiting the United States’ historically important role in shaping international norms and multilateral policies. Nations that are willing to pick up the slack, whether under authoritarian regimes (like China) or democratic leadership (like France), will shape international rules and institutions to conform to their own priorities, not necessarily American ones. And they will not be eager to give up their new-found influence if and when the United States decides it wants the reins of global influence back.

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Surrendering moral, economic, and political leadership to the likes of Presidents Putin and Xi, plus making ourselves an inherently unreliable ally, will have long term adverse consequences for our country.

Bad stuff from the worst Administration in US history!

And, what does it say about those who voted for Trump and continue to support or aid and abet him?

PWS

01-01-18

 

THE MAN WHO WOULD BE BURGER KING! — SO MANY LIES, SO LITTLE TIME! — TRUMP: “More Whoppers Than Burger King At Lunchtime!”

https://www.washingtonpost.com/news/fact-checker/wp/2017/12/29/in-a-30-minute-interview-president-trump-made-24-false-or-misleading-claims/

 

 

 

Glenn Kessler reports for the Washington Post’s Fact Checker:”

“President Trump gave an impromptu half-hour interview with the New York Times on Dec. 28. We combed through the transcript and here’s a quick roundup of the false, misleading or dubious claims that he made, at a rate of one every 75 seconds. (Some of the interview was off the record, so it’s possible the rate of false claims per minute is higher.)

“Virtually every Democrat has said there is no collusion. There is no collusion. . . . I saw Dianne Feinstein the other day on television saying there is no collusion.”

Trump appears to be referring to an interview with Sen. Dianne Feinstein (D-Calif.), a member of the Senate Intelligence Committee. She did not flatly say there was no collusion and instead was more nuanced. Asked by CNN’s Jake Tapper on Nov. 5 whether she had “seen any evidence that this dirt, these emails, were ever given to the Trump campaign,” she replied: “Not so far.” Tapper then asked: “Have you seen any communications that suggested that the Trump campaign wanted them to release them through a different means?” She answered: “I have not.”

“I think it’s been proven that there is no collusion.”

Trump is entitled to his own opinion, but he sidesteps the fact that the investigation has revealed that members of the Trump campaign interacted with Russians at least 31 times throughout the campaign. There are at least 19 known meetings, in addition to the indictments or guilty pleas of his campaign manager, national security adviser and others. Here’s The Fact Checker’s video on our count.

3:09
All the times members of the Trump campaign interacted with Russians

The Trump campaign and the White House have said there was no contact between anyone on their staff and Russia. This isn’t true. (Meg Kelly/The Washington Post)
“There was collusion with the Russians and the Democrats. A lot of collusion. . . . Starting with the dossier. But going into so many other elements. And Podesta’s firm.”

Trump has falsely accused Clinton campaign manager John Podesta of being involved with a Russian company. Tony Podesta co-founded the Podesta Group, a lobbying firm, with his brother John. But it’s a U.S.-based company, not a company in Russia. Trump likely is referring to the Podesta Group being paid $170,000 over six months to represent Sberbank, a Russian bank. The Podesta Group said its work for Sberbank USA was “never about getting sanctions lifted,” and “was simply about helping to clarify to what extent our client, the U.S. subsidiary [of Sberbank], was subject to sanctions. We confirmed they were not.” As for alleged collusion between the Democrats and Russia, Trump is referring to the fact that Fusion GPS, the political research firm that assembled the dossier as part of an assignment for Democrats, relied on a British intelligence agent who used Russian sources for his research. So that’s a rather big stretch.

Here’s the Fact Checker’s video on the Fusion GPS Russian connections.

3:28
What you need to know about Fusion GPS, the Trump dossier and Russian interests

How is Fusion GPS connected to the Trump dossier, Donald Trump Jr.’s Trump Tower meeting and the 2016 election? The Fact Checker explains. (Video: Meg Kelly/Photo: Jabin Botsford/The Washington Post)
“I won because I campaigned properly and she didn’t. She campaigned for the popular vote. I campaigned for the electoral college.”

There is no evidence that Hillary Clinton campaigned for the popular vote, which Trump previously has said he would have won if not for fraud. Clinton campaigned in many battleground states, including Republican-leaning ones where she thought she had a chance. She did not campaign as much in two states — Michigan and Wisconsin — that were considered locks for Democrats but which Trump narrowly won. Clinton won the popular vote by nearly 3 million. If 40,000 votes had switched in three states, Trump would have also lost the electoral college.

“Paul [Manafort] only worked for me for a few months.”

Trump skips over lightly the fact that Manafort, now under indictment, was his campaign manager in the critical period in which he secured the nomination and accepted it at the GOP convention.

“There was tremendous collusion on behalf of the Russians and the Democrats. There was no collusion with respect to my campaign.”

This is a breathtakingly false statement. Little evidence has emerged of any collusion between the Democrats and Russia, whereas evidence has emerged of many contacts between Trump campaign officials and Russian-linked individuals. The FBI, CIA and National Security Agency earlier this year concluded that Russian President Vladimir Putin and his government “aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him.” The New York Times reported on Dec. 30 that the FBI investigation began because a Trump campaign aide told an Australian diplomat in May 2016 that the Russians had access to emails that would embarrass Clinton, well before research in the “dossier” was started. The Australian government then notified the U.S. government about the conversation.

“What I’ve done is, I have absolute right to do what I want to do with the Justice Department.”

Presidents do not have unfettered right to interfere with Justice Department investigations, unless they are actively seeking a constitutional crisis.

“I’m the one that saved coal. I’m the one that created jobs. You know West Virginia is doing fantastically now.”

West Virginia’s gross domestic product increased 3 percent in the first quarter of 2017. The recent bump is due in part to the increased price of metallurgic coal, which is used to make steel, and a price increase in natural gas exports. West Virginia produces roughly 5 percent of the natural gas in the U.S. and as the price of natural gas rises, the demand for coal increases, spurring growth in the state. Trump can’t take credit for the change in prices, which fluctuate with market forces. He previously earned Four Pinocchios for this claim, but he keeps saying it. As for “saving coal,” there has barely been any job growth in the coal industry since Trump became president. According to the Bureau of Labor Statistics, only 900 jobs have been created in the coal industry since Trump became president — an increase of less than 3 percent.

“There is tremendous collusion with the Russians and with the Democratic Party. Including all of the stuff with the — and then whatever happened to the Pakistani guy, that had the two, you know, whatever happened to this Pakistani guy who worked with the DNC?”

Trump echoes a conspiracy theory that a criminal case involving a Pakistani information technology specialist who worked for Rep. Debbie Wasserman Schultz — who had chaired the Democratic National Committee — was somehow related to the Russian hack of DNC emails. The case involves a fraudulent loan, and no evidence has emerged to connect it to the Russia investigation.

“They made the Russian story up as a hoax, as a ruse, as an excuse for losing an election that in theory Democrats should always win with the electoral college. The electoral college is so much better suited to the Democrats.”

Trump is falsely labeling nonpartisan investigations as made up by Democrats. The CIA concluded in 2016 that Russia intervened in the U.S. presidential election to help elect Trump, an assessment backed up by FBI Director James B. Comey and then-Director of National Intelligence James R. Clapper Jr. As we noted, the intelligence community released a declassified report expressing “high confidence” in this judgment. Senate and House committees led by Republicans have begun their own investigations, and a special prosecutor has been appointed. Meanwhile, Democrats obviously do not have an electoral college lock. According to a tally by John Pitney of Claremont McKenna College, every Republican president since Rutherford B. Hayes in 1876 won a larger share of the electoral college votes than Trump, with the exception of George W. Bush (twice) and Richard Nixon in 1968.

“I was for Strange, and I brought Strange up 20 points. Just so you understand. When I endorsed him, he was in fifth place. He went way up. Almost 20 points.”

Polls indicate that Trump’s endorsement made little difference in the Alabama senate race — and in fact Luther Strange lost to Roy Moore by a greater margin than polls suggested at the time of Trump’s endorsement. While Trump says Strange was in fifth place, there were only three candidates in the GOP primary.

“I endorsed him [Alabama senate candidate Roy Moore]. It became a much closer race because of my endorsement. People don’t say that. They say, ‘Oh, Donald Trump lost.’ I didn’t lose, I brought him up a lot.”

Polls can vary, but there is little evidence this is the case. The fact remains that Moore lost an election in a state where Democrats usually lose by double digits.

“We have spent, as of about a month ago, $7 trillion in the Middle East. And the Middle East is worse than it was 17 years ago. … $7 trillion.”

Trump, who previously would cite a number of $6 trillion, is lumping together the wars in Iraq (in the Middle East) and Afghanistan (in Central or South Asia), which together cost about $1.6 trillion from 2001 to 2014. He is also adding in estimates of future spending, such as interest on the debt and veterans’ care for the next three decades.

“By the way, and for that, we’ve ended across state lines. So we have competition. You know for that I’m allowed to [inaudible] state lines. So that’s all done.”

Trump signed an executive order encouraging the formation of health plans across state lines. But there is still a law in place that exempts insurance companies from aspects of federal antitrust law and ensures that individual states remained the primary regulators of insurance. We wrote about this before, when Vice President Pence earned Four Pinocchios for a false claim.

“I know the details of taxes better than anybody. Better than the greatest C.P.A. I know the details of health care better than most, better than most.”

Lawmakers who dealt with Trump on taxes and especially health care privately told reporters they were shocked how little he knew about these issues.

“We’ve created associations, millions of people are joining associations. Millions. That were formerly in Obamacare or didn’t have insurance. Or didn’t have health care. Millions of people.”

Trump is referring to an executive order, mentioned above, but it has no force in law on its own and no one has yet joined these associations. The rules spelling out how the executive order would work have not been issued yet, so Trump is simply making up his “millions” number.

“Now that the individual mandate is officially killed, people have no idea how big a deal that was. It’s the most unpopular part of Obamacare. But now, Obamacare is essentially … You know, you saw this. … It’s basically dead over a period of time.”

While the individual mandate was an important incentive for Americans to seek health insurance, it was only one part of a far-reaching law that remains intact. The repeal does not take effect until 2019, and enrollment in Obamacare has remained strong. The Congressional Budget Office says the marketplaces are expected to remain stable for years.

“We see the drugs pouring into the country, we need the wall.”

The wall will have virtually no effect on drugs coming into the country. According to reports by the Drug Enforcement Administration, the majority of drugs are smuggled through legal ports of entry or smuggled through underground tunnels. Trump previously earned Four Pinocchios for this claim, but he keeps saying it.

“They have a lottery in these countries. They take the worst people in the country, they put them into the lottery, then they have a handful of bad, worse ones, and they put them out. ‘Oh, these are the people the United States.’ … We’re going to get rid of the lottery.”

This is a gross misrepresentation of the diversity visa program. Individuals apply for the visa system, and must have at least a high school diploma or work in specific industries to be eligible for the program. As the term “lottery” implies, applicants are selected via a randomized computer drawing. The selected applicants undergo a background check before entering the country, and some applicants undergo an additional in-depth review if they are considered a security risk.”

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Well, you get the picture. It just goes on and on. Get all the “whoppers” at the link. Having a congenital liar as our leader can’t come out well for the U.S.

Happy New Year!

PWS

12-31-17

 

 

 

 

 

GONZO’S WORLD: ATTACK ON U.S. CENSUS LATEST FRONT IN GONZO’S WAR ON AMERICAN DEMOCRACY!

https://www.huffingtonpost.com/entry/trump-justice-department-pushes-for-citizenship-question-on-census-alarming-experts_us_5a46fc79e4b0b0e5a7a68d3d

Justin Elliott reports for HuffPost:

“The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.
The DOJ made the request in a previously unreported letter, dated Dec. 12 and obtained by ProPublica, from DOJ official Arthur Gary to the top official at the Census Bureau, which is part of the Commerce Department. The letter argues that the DOJ needs better citizenship data to better enforce the Voting Rights Act “and its important protections against racial discrimination in voting.”
A Census Bureau spokesperson confirmed the agency received the letter and said the “request will go through the well-established process that any potential question would go through.” The DOJ declined to comment and the White House did not respond to a request for comment.
Observers said they feared adding a citizenship question would not only lower response rates, but also make the census more expensive and throw a wrench into the system with just two years to go before the 2020 count. Questions are usually carefully field-tested, a process that can take years.
“This is a recipe for sabotaging the census,” said Arturo Vargas, a member of the National Advisory Committee of the Census and the executive director of NALEO Educational Fund, a Latino advocacy group. “When you start adding last-minute questions that are not tested — how will the public understand the question? How much will it suppress response rates?”
The 2010 census included a handful of questions covering age, sex, race, Hispanic origin, household relationship and owner/renter status — but not citizenship.
“People are not going to come out to be counted because they’re going to be fearful the information would be used for negative purposes,” said Steve Jost, a former top bureau official during the 2010 census. “This line about enforcing voting rights is a new and scary twist.” He noted that since the first census in 1790, the goal has been to count everyone in the country, not just citizens.”

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Read the complete article at the link.

Under the law and Supreme Court precedents, census data is used to draw Congeessional districts. Indeed, quite contrary to the way the GOP operates, Reprsentatives are supposed to represent the interests of all of the residents of their district, not just “voters” or “GOP voters.”

The DOJ’s bogus request to add a citizenship question is a rather transparent attempt to reduce Hispanic political power, in line with the overall White Nationalist anti-democracy direction the party is moving under Trump.

PWS

12-30-17m

 

HAITIANS TO TRUMPIE: WE’VE BEEN MAKING AMERICA GREAT FOR GENERATIONS — (AND WE DON’T ALL HAVE AIDS, EITHER)!

https://www.washingtonpost.com/news/global-opinions/wp/2017/12/28/no-president-trump-we-haitians-dont-all-have-aids/

 

Joel Dreyfuss In the WashPost:

R“Donald Trump’s successful presidential campaign featured a persistent attack on immigrants. So as a Haitian immigrant, I was surprised when candidate Trump praised our values and work ethic and declared to a crowd of Haitian Americans in Miami’s Little Haiti, “I really want to be your greatest champion.”

Apparently, Trump’s public declaration of love for Haitians — conveniently stated at an anti-Hillary Clinton rally — was contradicted by his private beliefs. The New York Times recently reported that he allegedly fumed at a Cabinet meeting on immigration in June that Haitians “all have AIDS.” (He also reportedly claimed that Nigerians would never go “back to their huts.”)

Even though the White House has disputed the report, it’s clearly not a great stretch to think that he did say such things. These comments are consistent with his characterization of other immigrant groups as drug dealers, rapists and potential terrorists.

Such a negative view would help explain why his administration decided last month to expel 59,000 Haitians living in the United States under temporary protected status (TPS) after the disasters of the 2010 earthquake that killed some 300,000 Haitians and the devastation of Hurricane Matthew in 2016. The Trump administration insisted that the emergency no longer existed, despite the prevailing view of most experts (and politicians from his own Republican Party) that impoverished Haiti is not ready to absorb such a large number of Haitians who have lived abroad for so long.

Trump may think of Haitians as a disease, but the reality is that we’ve helped make America great. More than 700,000 Haitians live in the United States (the actual number may be double the official tally), and they have plenty of success stories to counter Trump’s narrow view. I serve on the board of a Haitian American organization that identifies and celebrates the success of Haitian immigrants in America. We are university presidents, doctors, lawyers, journalists, professors, teachers, nurses, NFL stars, office workers and cabdrivers.

Haitian Americans and those of Haitian descent have been elected to city and state governments in Massachusetts, Illinois and Florida and even to Congress (e.g. Rep. Mia Love, Republican of Utah). President Barack Obama’s last ambassador to South Africa came to America as a child with his Haitian parents.

Trump is not the first person to link Haitians to HIV/AIDS. When the Centers for Disease Control and Prevention first noticed cases of the disease among Haitians in the 1980s, it noted that risk factors were different from those in the United States, where the disease was associated with gays and intravenous drug users. Haitians as a group were classified as particularly at risk. For several years, all Haitians — even those of us who had grown up in the United States — were barred from giving blood. After vigorous protests by Haitians, the conclusion of researchers was deemed an error; cultural taboos had Haitians denying to researchers that they had engaged in prostitution, gay sex or drug use. New evidence led to removal of the hurtful stigma. Trump doesn’t appear to have received the second memo.

Trump should actually be quite familiar with Haitians. His native New York has long been a haven for Haitian Americans, going back to the Haitian Revolution of the 1790s. Pierre Toussaint was brought to New York by a slave owner escaping the growing unrest in what was then a French Caribbean colony. Toussaint eventually was freed and became a major financial contributor to the construction of the original Saint Patrick’s church in lower Manhattan. The Vatican has started the process to make him a saint for his many charitable works. You’d think that one builder would have respect for another.

But we Haitians are accustomed to being seen as pariahs. Because Haiti freed itself from French rule and permanently abolished slavery 60 years before the United States, it was viewed with fear and suspicion in the 19th century by the slave-owning nations that surrounded it. Some Southern newspapers even barred any mention of Haiti. The young nation was forced to pay a vast indemnity to France for the empire’s lost slaves and plantations, a burden that put Haiti on a long-term path to poverty.

As black immigrants to the United States, Haitians have not always been as welcome as others. But we have made the best of opportunities in America by overcoming obstacles. One fickle champion will not stop us.”

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There is probably no more “under-appreciated” group than Haitian Americans. Undoubtedly, there has been a heavy dose of racism in our unwillingness to welcome Haitian refugees on the same basis as we have Cubans or Eastern Europeans.

And, as I have pointed out before, the Trump Administration’s decision to terminate Haitian TPS, opposed by a number of prominent Republicans, is indefensible (and dumb to boot).

PWS

12-29-17

 

IS TRUMP DETERMINED TO “BLOW UP” DREAMER DEAL?

http://www.cnn.com/2017/12/29/politics/president-donald-trump-daca/index.html

Dan Mercia reports for CNN:

“West Palm Beach, Florida (CNN)President Donald Trump said Friday there will be no deal to protect hundreds of thousands of young undocumented immigrants from deportation without funding to build a wall along the US-Mexico border.

“The Democrats have been told, and fully understand, that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc,” Trump tweeted. “We must protect our Country at all cost!”
Trump’s declaration casts doubt over how Democrats and Republicans will come together to protect Deferred Action for Childhood Arrivals (DACA) participants — of which there are nearly 800,000 who were brought to the United States illegal as children — from deportation because it is unlikely that Democrats will agree to substantial funding for Trump’s border wall in exchange for DACA protections.

Drew Hammill, House Minority Leader Nancy Pelosi’s spokesman, responded to Trump’s tweet by stating Democrats are “not going to negotiate through the press and look forward to a serious negotiation at Wednesday’s meeting when we come back.”
Pelosi, Senate Minority Leader Chuck Schumer, House Speaker Paul Ryan, Senate Majority Leader Mitch McConnell and White House chief of staff John Kelly will meet on Wednesday, according to two sources familiar with the meeting. The top discussion topic will be renewed government spending talks, the sources said.
Trump campaigned for president on a hardline immigration platform. Chants of “Build The Wall” became a trademark of his campaign and, as president, Trump has advocated ending so-called chain migration, guidelines that allow people in the United States to bring in family members from abroad, and the visa lottery system, a program that distributes around 50,000 visas to countries where there is a low rate of immigration to the US.
Trump’s tweet is his clearest statement to date on his negotiating position with Democrats to achieve a deal on DACA, an Obama-era program that Trump ended in September. At the time, the President said he wanted Congress to step in to save the program.
Democrats and Republicans were unable to come together before the end of the year to mint a deal on the immigration program, but members of both parties will return to Washington in 2018 with the DACA program as a focus.
Any agreement would be the second major deal between Trump and Schumer and Pelosi — who Trump has taken to referring to as “Chuck and Nancy.” The trio, much to the chagrin of conservatives, worked together earlier this year to strike a deal on the debt ceiling and government spending.
Trump has previously said that McConnell and Ryan are on board with a deal to make the DACA program permanent.
The details, however, are what matter in the deal and remain elusive.”

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Read the complete article at the link.

As I have previously said, I think the Democrats are well-positioned to hold out for a “good deal” for the Dreamers when USG funding runs out in January. I personally that a “Some Wall Funding for Otherwise Clean Dreamer Bill” would be a decent deal for the Democrats to make. But, I don’t see the Dems agreeing to restrictions or reductions of legal immigration as part of a deal.

Stay tuned.

PWS

12-29-17

THE HILL: NOLAN HAS SOME SAGE ADVICE FOR IOWA: “Cool It” On The “Anti-Sanctuary” Legislation!

http://thehill.com/opinion/immigration/366675-iowa-better-off-holding-fire-on-anti-sanctuary-city-law-for-now

 

Family Pictures

 

Nolan writes:

“Iowa should consider waiting on SF 481 until the fate of the Texas anti-sanctuary bill is decided, which is likely to require a decision from the Supreme Court.

If Iowa actually needs a bill to eliminate sanctuary policies, it is not an urgent need.

State Senator Julian Garrett, the bill’s floor manager, has acknowledged that the vast majority of Iowa cities and counties cooperate with ICE enforcement efforts already.

And Iowa has a relatively small population of undocumented aliens. According to the PEW Research Center’s 2014 per-state estimate, Iowa only had 40,000 undocumented aliens in 2014, which was 1.3 percent of Iowa’s population. California had 2,350,000 undocumented aliens (6.0 percent of its population), and Texas had 1,650,000 (6.1 percent of its population).

[Graphic Omitted]

SF 481 also has substantial political opposition.

Numerous organizations have registered opposition to SF 481, including the Iowa League of Cities, Iowa State Bar Association, Iowa Police Chiefs Association, Iowa County Attorneys Association, Interfaith Alliance of Iowa, American Civil Liberties Union of Iowa, Iowa Catholic Conference, and Iowa Annual Conference of the United Methodist Church.

Only one organization has registered support for SF 481, the Iowa Minuteman Civil Defense Corps.

Perhaps Iowa should just leave the decision on whether to cooperate with ICE up to the discretion of its police departments.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.“

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Read Nolan’s complete article with more on the origins of Iowa SF 481 and the Texas litigation over at The Hill at the link.

I think Nolan is “right on” here. It appears that at present there is no need for this legislation.

PWS

12-29-17