👍🏼GOOD NEWS: FINALLY, SUPREMES DEAL DOUBLE DEFEAT TO TRUMP REGIME BIGOTS — High Court Thwarts Latest Attacks on America’s Latino, LGBTQ Communities! 

David G. Savage
David G. Savage
Staff Writer
LA Tomes

SESSIONS’S SCOFFLAW ANTI-SANCTUARY CAMPAIGN ENDS IGNOMINIOUSLY WITH WELL-DESERVED BEATDOWN BY COURTS

David G. Savage reports for the LA Times:

https://www.latimes.com/politics/story/2020-06-15/supreme-court-rejects-trumps-challenge-to-california-sanctuary-law

In major victory for California, Supreme Court rejects Trump’s challenge to state sanctuary law

The U.S. Supreme Court’s action is a major victory for California in its long-running battle with President Trump. (Associated Press)

By DAVID G. SAVAGESTAFF WRITER

JUNE 15, 20206:42 AM UPDATED8:03 AM

WASHINGTON —  The Supreme Court on Monday refused to hear the Trump administration’s challenge to a California “sanctuary” law, leaving intact rules that prohibit law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail.

Only Justices Clarence Thomas and Samuel A. Alito Jr. voted to hear the administration’s appeal.

The court’s action is a major victory for California in its long-running battle with President Trump.

At issue was a clash between federal power and states’ rights.

. . . .

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

Ryan Grenoble
Ryan Grenoble
National Reporter
HuffPost

SESSIONS-HATCHED ATTACK ON CIVIL RIGHTS & HUMANITY OF AMERICA’S LGBTQ COMMUNITY GOES DOWN IN FLAMES

https://www.huffpost.com/entry/scotus-lgbtq-transgender-decision_n_5ebefe48c5b6299362046713

Ryan Grenoble reports for HuffPost:

The Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity.

The court on Monday issued opinions on two major decisions with far-reaching implications for the civil rights of transgender and LGBTQ individuals.

It was a 6-3 ruling, with Chief Justice John Roberts and Justice Neil Gorsuch joining the four liberal justices in the majority.

Writing for the majority, Gorsuch argued that discrimination on the basis of sexual orientation or gender identity is fundamentally no different than discrimination based on sex.

“An individual’s homosexuality or transgender status is not relevant to employment decisions,” Gorsuch wrote. “That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

“We agree that homosexuality and transgender status are distinct concepts from sex,” he added later. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

The rulings rest on a pair of arguments the court heard in October in which justices considered whether Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination, applies to LGBTQ and transgender workers.

. . . .

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

Read the rest of both articles at their respective links. So, at least for a day, justice rules in America, despite the efforts of the Trump regime kakistocracy to promote bigotry and intolerance.

In simple terms, this regime and its corrupt officials have consistently promoted acts of invidious discrimination, bias, and hate toward various American communities. It’s hardly any wonder that our nation is dealing with the traumatic effects of such government malfeasance on so many fronts. When you put a kakistocracy in charge, malicious incompetence, abuses, and unrest are naturally going to follow.

It’s beyond disgusting that homophobic, anti-Latino bigots like Trump, Sessions, Whitaker, Barr, Miller, and Francisco have wasted the public’s money, what little credibility to DOJ had left, and the Federal Courts’ time launching baseless legal attacks intended to spread the hate and dehumanization directed against some of America’s must vulnerable communities. Actually, these are communities that the Department of Justice should be working to protect, not persecute. But, don’t expect much real improvement until this scofflaw regime is removed from power. 

This November, vote like your life depends on it! Because it does!

PWS

06-15-20

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

 

Me

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

By Paul Wickham Schmidt

Special to Courtside

June 14, 2020

Imagine yourself in a foreign land. You don’t speak the language, and you don’t know the rules. You’re arrested for a minor crime. You think you have a plausible defense. But, it could result in capital punishment. You are detained in squalid conditions. You’re hauled before a court. The bond is ludicrously high, set by the prosecutor and judge under rules they make up as they go along. You don’t have a lawyer because you can’t afford one. The “judge” is appointed by the chief prosecutor. The judge herself is a former prosecutor. The prosecutor makes the rules. 

If you win, the prosecutor can appeal to a body stacked in his or her favor. If you lose, you can appeal to a tribunal hand-selected by the chief prosecutor because of their harshness and votes to convict more than 90% of the time. If, against those odds, you still win acquittal, the chief prosecutor can take over the case, rewrite the rules, and change the verdict to guilty. In the meantime, you’ll remain imprisoned in the “Gulag.”

Doesn’t sound like much fun does it? Am I describing something out of a third-world dictatorship or a Kafka novel?  Absolutely not! This system operates right here in our United States of America, right now.

It’s chewing up and spitting out the lives of men, women, and even children who are supposed to receive due process and fundamental fairness and instead get the exact opposite. It’s enabled by Supreme Court Justices, Federal Judges, legislators, and public officials who won’t stand up for the legal and Constitutional rights of migrants and asylum seekers in the face of grotesque Executive abuses.

It’s called the U.S. Immigration Court. It exists in a “Constitution & humanity-free zone.” It’s run by Chief Prosecutor Billy Barr and his subordinates at the U.S. Department of Justice (“DOJ”). It’s not really a “court” at all, by any rational definition. 

No, it’s a national disgrace and an intentional perversion of the constitutional right to due process, fundamental fairness, and human dignity. It’s also an unmitigated management disaster where DOJ-promoted  “Aimless Docket Reshuffling” (“ADR”) has built an astounding 1.4 million case backlog with cases stretching out beyond the next Administration, even after doubling the number of “judges.” More judges means more backlog in this wacko system.

In the words of my friend and fellow panelist, Ira Kurzban, “this is not normal.” Yet complicit public officials, legislators, and life-tenured Federal Judges continue to “normalize” “America’s Star Chambers” and their biased, race-driven nativist attack on our Constitution and our humanity!

It needs to change. But, all three branches of our government currently lack the courage, leadership, and integrity to make “equal justice under law” a reality rather than just a slogan.

The three things I would do right up front are:

First, remove the Immigration Courts from the DOJ and create an independent, Article I U.S. Immigration Court as recommended by ABA President Judy Perry Martinez, the FBA, the NAIJ, AILA and almost all other true experts in the field.

Second, return the Immigration Courts to their previous noble mission of “through teamwork and innovation, be the world’s best tribunals guaranteeing fairness and due process for all.” End the disgraceful, unlawful, unconstitutional use of the Immigration Courts as a tool of DHS Enforcement, a deterrent, and a weaponized enforcer of a nativist, anti-human-rights agenda.

Third, replace the current highly-biased, one-sided judicial hiring system with a merit-based hiring process that properly weighs and credits demonstrated fairness, scholarship in immigration and human rights, experience representing asylum seekers and other migrants, and involves meaningful public input in judicial selections. Since 2000, the current skewed system has favored prosecutors and other “government insiders” by a ratio of more than 9-1, and has totally excluded private sector candidates from appellate judgeships at the Board of Immigration Appeals (“BIA”).

Our Constitution requires “equal justice for all.” To achieve it, we need public officials, legislators, Supreme Court Justices, and other Federal Judges who actually believe in it. That means real change in all three branches of our failing (and worse) Federal Government. Due Process Forever; Corrupt Officials, Feckless Legislators, and Complicit Courts, Never!

This is derived from my virtual panel presentation before the ABA Section on International Law on June 8, 2020.

© Paul Wickham Schmidt. 2020.

DHS/BIA JOINT DEPORTATION MILL CONTINUES TO CRANK OUT ERRONEOUS DENIALS — 2D CIR LATEST TO EXPOSE POTENTIAL DEATH SENTENCE W/O DUE PROCESS — Martinez de Artiga v. Barr — The Vile Legacy of Those Complicit in The Trump Regime’s Racist Human Rights Abuses Will Be Their Lasting Shame!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)
Rebecca Press Esquire
Rebecca Press, Esquire
Legal Director
UnLocal

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca2-on-cat-el-salvador-ms-13-martinez-de-artiga-v-barr

Dan Kowalski reports for Lexis/Nexis Immigration Community:

pastedGraphic.png

Daniel M. Kowalski

10 Jun 2020

CA2 on CAT, El Salvador, MS-13: Martinez de Artiga v. Barr

Martinez, 2d Cir.

“Patricia Xiomara Martinez De Artiga challenges the denial of her 26 application for asylum, withholding of removal, and protection under the 27 Convention Against Torture (CAT). Martinez listed her son as a derivative 28 beneficiary on her application. The Immigration Judge (IJ) found that Martinez 29 testified credibly regarding serious, individualized threats against her and her 30 children by the infamous Mara Salvatrucha (MS-13) gang. Nevertheless, the IJ 31 denied Martinez’s claims for asylum and withholding, concluding that the 32 gang targeted Martinez because she had frustrated the gang’s recruitment 33 efforts and not on account of membership in her son’s family. On the issue of 34 CAT protection, the IJ determined that Martinez failed to meet her burden for 35 relief because she fled El Salvador promptly after MS-13 threatened her. We 36 hold that the IJ erred as a matter of law when it penalized Martinez for her prompt flight, and we cannot confidently predict that a remand would be 2 futile. We therefore DENY the government’s motion for summary denial, 3 GRANT Martinez’s petition for review, and REMAND the case.”

[Hats off to Rebecca Press!]

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

Let’s see. Woman credibly threatened with torture by group known to have capability, often aided and/or abetted by a corrupt and often complicit government, and renowned for leaving a trail of headless corpses behind. She does what any reasonable human might do in the same position: flees immediately for her life. It’s an “open and shut” case for CAT protection — should have been granted by stipulation between the parties.

Instead, in the warped, twisted, irrational, misogynist, and racially biased world of EOIR, a Latino women’s rational actions become a judge’s reason to deny her clearly warranted protection. According to this judge, she had to be dumb or unfortunate enough to wait to be tortured or killed to get protection. Of course it’s absurd! But, what’s even more absurd is that a corrupt, unconstitutional system that daily metes out this type of deadly utter nonsense to vulnerable humans seeking legal protection is allowed to continue to operate in our nation at all.

Can it really get any worse! It raises the obvious question of why the “appellate immigration judges” who approved this ludicrous abomination of illegality and “counter logic” are still on the bench rather than in remedial training or looking for other jobs.

It’s no surprise that a fundamentally unjust and unconstitutional system that wastes time looking for ways to deny cases that should easily be granted is running an uncontrolled backlog of at least 1.4 million cases. It’s obvious that under Sessions, Whitaker, and Barr, the already stressed, reeling, and mismanaged Immigration “Courts” have become hotbeds of  misogyny, anti-immigrant bias, anti-asylum bias, anti-Latino bias, pro-DHS favoritism, unprofessionalism, grotesque mismanagement and waste of taxpayer funds, and just all around horrible judging. They are America’s Star Chambers, pure and simple.

Remanding individual cases is not going to fix these systemic problems that are bringing down our Constitution and de-legitimizing our entire justice system. But, shutting down the system and requiring that it be administered by an independent judicially-appointed monitor to return some semblance of due process and fundamental fairness is not only within the Article III Courts’ power, but is actually constitutionally required to halt this Administration’s systemic abuses of justice. Or, send the cases that actually need to be tried at this point in time to U.S. Magistrate Judges for real due process hearings.

The Courts of Appeals constantly expose the elementary mistakes, illegality, outright irrationality, the widespread, intentional denials of due process, fundamental fairness, and the gross failures of basic judicial expertise by the “EOIR Subdivision” of DHS Enforcement. But, you can be sure that this is just the “tip of the iceberg.”

Some Court of Appeals panels use the same “rubber stamp” techniques as the BIA, hiding their own deficiencies behind a shield of “undue deference” to a failed and unconstitutionally biased agency. And, even more individuals with potentially valid claims are unfairly turned down because they can’t find competent lawyers or don’t have the wherewithal to get to the Court of Appeals at all. 

Then there are those who can’t stand the pain and torture inflicted by the “New American Gulag” so give up viable claims without full litigation. Or they are sent to rot and die in Mexico waiting for a purposely unfair hearing system stacked against. 

Now, tens of thousands, many with potentially valid claims for protection, are simply being turned back at the border in clear violation of our statutes, our Constitution, and international obligations, not to mention our obligations to our fellow humans. They are denied access to the system. The Administration fabricates numerous lies and false myths to justify its actions, most rooted deeply in the anti-Hispanic racism and misogyny of Trump, Miller, and their accomplices.

The reasons given by the regime for this racist misconduct are phony as a three dollar bill. Yet, some equally dishonest authorities, including judges who should know better, will accept them without critical examination of their fraudulent nature.

Complicity comes in many forms and can often be hidden in the present. But, the the massive, intentional, human rights violations, fueled by the inherent racism of the Trump Administration and its toadies, will someday come out. The full extent of the entirely unnecessary human carnage inflicted on humanity by our nation and the invidious reasons behind it will be documented.

Then, future generations will ask: Where were the Federal Courts while this was happening? Why didn’t  privileged and supposedly independent life-tenured judges stop the “slaughter of innocents?” Why did they allow baby jails, kids in cages, family separation, torture in the New American Gulag, Star Chambers, and  Nazi-style abuses by corrupt U.S. border guards to continue, unabated? Why were they complicit in the dehumanization of people of color by an overtly racist and scofflaw regime? What is it about Trump’s and Miller’s racist agenda that they were too dim or intellectually dishonest to understand?

Justice will be too late for the dead, tortured, maimed, dehumanized, and destroyed. But, the reputations of these “Modern Day Confederates, Jim Crows, and their enablers” eventually will come tumbling down just like the statutes of their morally and intellectually bankrupt predecessors who also fought for or advanced the cause of racism and man’s inhumanity to men, women, and particularly, children. They had their own flimsy excuses, fabrications, myths, and B.S. justifications which have crumbled over time leaving just the nakedness and ugly truth of their racism and/or complicity for others to see.

This is not a “normal Administration” and falsely treating it as such by approving or failing to stand up to their attacks on our Constitution, human rights, and human dignity is not “normal behavior” for Federal Judges, legislators, and other public officials who allow this grotesque system to continue to destroy lives. “Deferring” to patently racist schemes and overtly biased officials isn’t legal, even when the “cover” of some other legal pretext is offered.

Those who are witness to the many abuses must insure that those who operate and allow this thoroughly corrupt system to persist don’t escape with the “Nuremberg Defense” of “just following orders” or “just following the law.” 

Actually, equal justice for all isn’t just a slogan. Our Constitution clearly requires it, and it’s the job of Federal Judges to insure that it happens. Judges who won’t do that, don’t belong on the bench. Certainly, when there is regime change, no future Federal Judge or Justice should be appointed or confirmed unless he or she has demonstrated a commitment to equal justice for all supported by a record of opposing the systemic racial injustice and other invidious discrimination inflicted by the Trump regime through its program of “Dred Scottification” of the other.

There is no national emergency more important right now than the failure of our justice system to provide and enforce equal justice for all. The many who are enabling this regime’s toxic agenda by insuring that justice is unequal and that the system discriminates against and demeans immigrants, asylum applicants, and others of color are themselves operating outside the law, not to mention humanity. There will be a reckoning! Count on it!

Due Process Forever. Complicity in Racist Abuses, Never!

PWS

06-13-20

🏴‍☠️☠️🤮TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

https://lawprofessors.typepad.com/immigration/2020/06/gao-says-customs-and-border-protection-spent-migrant-medical-funds-on-dirt-bikes.html

Friday, June 12, 2020

GAO Says Customs and Border Protection Spent Migrant Medical Funds on Dirt Bikes

By Immigration Prof

Share

pastedGraphic.png

pastedGraphic_1.png

 

McCord Pagan for Law360 reports that U.S. Customs and Border Protection (CBP) violated the law by taking funds designated by Congress for consumables and medical care for migrants and instead used some of the money for its canine program, dirt bikes and upgrades to its computer system, according to the U.S. Government Accountability Office (GAO).

While CBP spent some of the designated funds on baby products, food, defibrillators, and masks, CBP violated the law by spending certain funds meant for such migrant care on canines, boats, dirt bikes, ATVs, a vaccine program for its employees, and upgrades to its computer network, sewer system, as well as janitorial services, according to the GAO report.

The 2019 law providing supplemental funds to CBP to help address a surge of migrants crossing the U.S.-Mexico border designated about $112 million to CBP for “consumables and medical care.”

“We conclude that CBP violated the purpose statute when it obligated amounts expressly appropriated for consumables and medical care and establishing and operating migrant care and processing facilities for other purposes,” according to the GAO opinion. The Congressional watchdog is conducting an audit of CBP and the U.S. Department of Homeland Security on the care of the adults and children in its custody, it said.

In response to GAO’s findings, a CBP spokesperson sent Law360 a statement calling the violations “technical in nature” and said it will take prompt remedial action.

Nick Miroff for the Washington Post also reports on the story.

KJ

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

Thursday, June 11, 2020

District Court Halts ICE Enforcement Operations at New York Courthouses

By Immigration Prof

Share

 

pastedGraphic_2.png

U.S. District Judge Jed S. Rakoff

For several years, the Chief Justice of California has sought to keep Immigration and Customs Enforcement (ICE) away from the California courts.  Last year, a federal judge in Massachusetts blocked ICE courthouse arrests there.

CNN reports the latest skirmish between the state courts and federal immigration enforcement.

U.S. District Judge Jed S. Rakoff issued an order yesterday blocking ICE from making arrests in New York courts, finding that the practice is illegal.  The introductory paragraph of his ruling reads as follows:

 

“Recent events confirm the need for freely and fully functioning state courts, not least in the State of New York. But it is one thing for the state courts to try to deal with the impediments brought on by a pandemic, and quite another for them to have to grapple with disruptions and intimidations artificially imposed by an agency of the federal government in violation of long-standing privileges and fundamental principles of federalism and of separation of powers.”

 

State and local officials argue that when ICE officers apprehends immigrants at courthouses — where they are making appearances as defendants, witnesses or victims — it endangers public safety by making it harder to prosecute crimes.

 

ICE has defended the arrests, saying apprehending people in controlled settings is safer than arresting them on the streets.

 

KJ

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

Baby jails, stealing from kids, interfering with the administration of justice. Just another day in the Disunited Kakistocracy of Trump.

These situations result in part from a feckless Congress led by Mitch and a failed Supremes led by Roberts who won’t stand up for our Constitutional rights and restrain an obviously corrupt and lawless Executive with a racist agenda.

It’s no surprise that much of Trump’s wrongdoing is exposed by the Government’s own ”watchdogs.” Unlike GAO, which works for Congress, those in the Executive Branch often are then unethically fired by Trump as Congress and the Supremes fail to stand up for honesty in Government. Worse yet, they fail to protect public employees who courageously expose corruption.

And, the high ranking legislators and judges who have watched and enabled Trump’s scurrilous attacks on our Constitution and human values ultimately bear much of the responsibility! As my friend Ira Kurzban would say, “this is not normal.” “Normalizing” and “enabling” illegal, unethical, and racist-driven behavior is obscene. If “watchdogs” and U.S. District Court Judges can speak out against lawless actions and corruption, how is it that Mitch, Roberts, and the rest of the GOP have “swallowed the whistle?”

PWS

06-12-20

06-12-20

KAKISTOCRACY KORNER:  Catherine Rampell @ WashPost Shows How Regime’s Maliciously Incompetent White Nationalist Stupidity @ USCIS Has Bankrupted Once-Profitable Agency! PLUS: Once Again, Failed Supremes Big Part of The Problem! — What’s The Purpose of A Court That Promotes Injustice And Fails To Resist Evil?

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Catherine writes:

The immigration agency admonishing immigrants to pull themselves up by their bootstraps seems to have destroyed its own boots.

For three years, U.S. Citizenship and Immigration Services — the federal agency that processes visas, work permits and naturalizations — has lectured immigrants about how they should become more self-sufficient. It has alleged, without evidence, that too many immigrants are on the dole. (Actually, immigrants pay more in taxes than they receive in federal benefits, and the foreign-born use fewer federal benefits than do their native-born counterparts.)

The agency implemented a broad, and likely illegal, rule allegedly designed to weed out immigrants who might ever be tempted to become a “public charge” and try to benefit from taxpayer largesse.

Well, now USCIS is broke — and is trying to become a “public charge” itself, by begging Congress for a bailout.

The agency is funded almost entirely by user fees, rather than congressional appropriations. But under President Trump’s leadership, it has mismanaged its finances so badly that it has sought an emergency $1.2 billion infusion from taxpayers.

Unless it get a bailout, the agency will furlough three-quarters of its workforce next month, Government Executive reported Thursday.

The agency claims it’s a novel coronavirus victim. No doubt, the covid-19 pandemic has disrupted operations. But USCIS was in financial trouble long before the virus’s outbreak.

[[Full coverage of the coronavirus pandemic]]

It acknowledged as much in public documents last fall, when it proposed a massive increase in user fees because of large projected budget deficits.

It didn’t have to be this way. When Trump took office, USCIS inherited a budget surplus. Last year, the agency saw record highs in both revenue and revenue per user.

So what went wrong?

The administration has frittered away funds on phantom cases of immigration fraud — which, like the president’s allegations of voter fraud, it has struggled to prove is an actual widespread problem that’s been going undetected.

USCIS has siphoned resources to create a denaturalization task force, which strips citizenship from immigrants found to have lied or otherwise cheated on applications. Last year, the agency revealed intentions to double the size of its fraud detection unit.

The bigger drain on resources, though, is its deliberate creation of more busy work for immigrants and their lawyers — as well as thousands of USCIS employees. These changes are designed to make it harder for people to apply for, receive or retain lawful immigration status.

For instance, the agency has demanded more unnecessary documentation (“requests for evidence”) and more duplicative, mandatory in-person interviews. Previously, staffers had more discretion to determine whether these interviews were necessary.

Staffers have been directed to comb through applications looking for minor (frivolous) reasons to reject otherwise eligible applicants.

. . . .

The American Immigration Lawyers Association and the American Immigration Council offer a few obvious suggestions, including eliminating some of the stupid processing requirements that raise costs for both applicants and USCIS without actually adding value. Other ways to reduce costs include holding virtual naturalization oath ceremonies and allowing electronic payments for everything.

Congress could also demand the agency raise more money on its own, without gouging, say, poor asylum seekers. For instance, it could expand the cash cow known as “premium processing” (faster processing, for a fee) to more types of its applications.

Finally, get rid of the “public charge” rule. It’s a perfect example of everything that got USCIS into this mess: an expensive-to-administer — and, again, likely illegal — solution in search of a problem, whose only purpose is to punish immigrants just trying to follow the law.

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

Read the rest of Catherine’s article at the link.

Wow, what a terrific analysis! The “problems” were self-created by a regime with an irrational, White Nationalist, racist agenda. The solutions are actually quite obvious and readily available, as Catherine points out. But, they won’t happen until Trump is removed from office.

Catherine also raises a larger problem in America’s abject failure to insist on constitutionally-required social justice for everyone, regardless of color, status, or ethnicity. Stephen Miller’s racist changes in the public charge regulations never should have happened. It’s not rocket science. It’s Con Law 101, Administrative Law 101, with a dose of common sense and human decency thrown in.

In fact, the lower Federal Courts spotted the “racist stink-bomb” in Miller’s idiotic public charge changes right from the “git go” and  properly stopped the change in its tracks. But, a GOP Supremes’ majority improperly granted Solicitor General Francisco’s unethical and blatantly disingenuous request for a stay of the injunction, providing no reasoning for their outrageous conduct. Four Justices dissented, led by Justice Sotomayor who lodged a vigorous dissent exposing the unlawful favoritism shown by her GOP colleagues to the Trump/Miller racist immigration agenda. https://immigrationcourtside.com/2020/02/22/complicity-watch-justice-sonia-sotomayor-calls-out-men-in-black-for-perverting-rules-to-advance-trump-miller-white-nationalist-nativist-immigration-agenda/

The current racial crisis, failure to achieve Constitutionally-required equal justice for all, and perhaps worst of all pandering to obviously fabricated pretexts for the Trump regime’s racist agenda, particularly as it has targeted asylum seekers and migrants of color, can be laid to no small degree at the feet of five GOP-appointed Supreme Court Justices disgracefully led by our failed Chief Justice.

They have failed to achieve and enforce equal justice for all because they don’t believe in what our Constitution requires. Millions of individuals who are neither lawyers nor judges know exactly what our Constitution requires and what morality and simple human decency mandates. It’s the exact opposite of what Trump stands for.

But, a Supremes’ majority that neither believes in Constitutional due process and equal justice for all nor possesses the guts and human decency to stand up to an overtly racist President and his toadies will continue to be part of the problem, rather than the solution to the blatant injustices that currently plague our society.

I’m certainly not the only former judge to recognize the intellectual dishonesty and moral corruption at the heart of today’s failed Supremes!

https://immigrationcourtside.com/2020/03/12/u-s-district-judge-lynn-s-adelman-channels-courtside-blasts-roberts-company-for-aiding-the-forces-seeking-to-destroy-our-democracy-instead-of-doing-w/

America needs and deserves better Justices who believe in and stand up for equal justice. Our Supremes’ institutional failure isn’t an exercise in legal academics or legitimate intellectual differences of opinion, like the majority often pretends. 

No, bad judging injures, maims, and kills people every day. It undermines the health and safety of America every day. It allows baby jails and star chambers to flourish in our midst. It allows the illegal return of refugees to the dangerous countries they fled without any process at all, let alone “due” process. In enables corrupt Government officials to propose an outrageously unlawful, malicious, bogus, misogynist, and evil “administrative repeal” of asylum accompanied by a battery of racist-inspired lies because they know there is no legal accountability for their reprehensible conduct so long as the J.R. Five is there to protect their misdeeds. It allows police officers to act believing they won’t be held accountable for killing George Floyd.

It’s no wonder that democracy is crumbling before our eyes when the majority of Justices charged with protecting it place loyalty to a political party and its immoral, unqualified leader, perhaps the greatest threat to our democracy and the rule of law in our history, above the common good.

Due Process Forever. Complicit, Racism-Enabling Courts, Never!

PWS

 06-12-20

EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        

Pete Williams
Pete Williams
Justice Correspondent
NBC News

https://www.nbcnews.com/politics/justice-department/preposterous-court-appointed-lawyer-michael-flynn-case-slams-doj-attempt-n1229336

 

Pete Williams reports for NBC News:

 

WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.

In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.

“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”

Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”

Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.

The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.

Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.

Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.

“It is hard to conceive of a more material false statement than this one,” Gleeson said.

Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.

Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”

. . . .

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

Read the rest of Pete’s article at the link.

Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!

Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.

But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”

The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.

The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.

George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!

Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.

Due Process Forever!

This November, vote like your life depends on it! Because it does!

PWS

06-11-20

 

 

ACLU SUES TO STOP REGIME’S BOGUS USE OF COVID-19 AS PRETEXT FOR ELIMINATING ASYLUM PROTECTIONS – Suit Tests Federal Courts’ Willingness To Stand Up to White Nationalist Regime’s Institutionalized Racism That Continually Invokes Pandemic As Transparently False Justification For Abrogation of Constitutional & Statutory Rights Disproportionately Affecting Those With Brown Skins!

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal

Michelle Hackman reports for the WSJ:

 

WASHINGTON—The Trump administration, which has used the coronavirus health emergency to expel migrants at the border without allowing them to apply for asylum, faces its first court challenge over the practice in a lawsuit filed on behalf of a 16-year-old boy.

Since President Trump declared a public-health emergency in March, immigration agents have turned back nearly all migrants, including children, at the border without providing a chance to file asylum claims. The government invoked a 1944 public-health law allowing it to expel any noncitizen who poses a threat of spreading disease during an emergency. It extended that provision indefinitely in May.

The new process overrides immigration laws that allow any foreigner on American soil with a credible fear of persecution to apply for asylum, and laws prohibiting migrant children from being deported.

The lawsuit was filed in the district court in Washington by the American Civil Liberties Union on behalf of a 16-year-old boy from Honduras, known only by his initials J.B.B.C. He crossed the border in early June to join his father, who is living in the U.S. and awaiting his own immigration case to be heard, after fleeing what the suit described as “severe persecution” in his home country.

Under the typical process, border agents would have turned over the child to the Department of Health and Human Services, which runs a network of migrant shelters for children across the country and seeks to find them suitable guardians. Instead, border agents detained the boy in El Paso, Texas, and plan to deport him imminently, in accordance with the public-health emergency process.

Late Tuesday evening, Judge Emmet G. Sullivan granted J.B.B.C. a temporary restraining order, ordering the government not to deport him through at least Wednesday at midnight.

The White House and the Department of Homeland Security didn’t immediately respond to requests for comment.

The lawsuit’s supporters acknowledge that the suit is a gamble. If a federal judge rules that immigration laws can be bypassed during an emergency—a novel application of the public-health law—the government would gain broad new authority. But not suing, they say, could allow deportations without due process to continue.

“If the courts don’t step in, the Trump administration will continue to indefinitely strip refugees of the right to seek asylum,” said Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

. . . .

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

Read the rest of Michelle’s article at the link.

The name of the use is J.B.B.C. v. Wolf.

So far, in showing no genuine concern for human rights, the rule of law, or overt racism in major non-legislative eradications of asylum, refugee, and immigration protections by a scofflaw Administration, which has made only cosmetic efforts to disguise its racist immigration agenda, a Supremes’ majority has sent a strong chilling signal to lower Federal Judges willing to stand up for racial justice, equal justice before the law, and Executive accountability. Will  the Trump regime continue to literally “get away with attempted (or actual) murder” of children and other asylum applicants? How far does the Supremes’ majority’s resolve not to give Black and Brown lives and rights their deserved legal protections, and to fold in the face of Trump’s racist bullying, extend?

Due Process Forever! Complicit Courts Never!

This November, vote like your life depends ons it! Because it does!

 

PWS

06-10-20

 

 

 

 

 

BIGOTED BULLY BILLY BARR BRUTALLY BATTERS U.S. JUSTICE SYSYEM: B/T/W He Also Runs America’s Most Screwed Up, & Most Clearly Unconstitutional “Court” System Right Under The Noses of Feckless Article III Judges! — It’s Not “Justice” — Just The Open Fraud That Passes For Justice When Democratic Institutions & Moral Leadership Fails — Barr’s DOJ is a “Thugocracy,” Says Post’s Dana Milbank!

Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/06/09/so-this-is-why-bill-barr-is-such-bully/

Milbank writes in WashPost:

Police in Buffalo shove a 75-year-old man to the ground and blood pours from his ear. Police in Brooklyn knock down a young woman and call her a “bitch” because she asked why she had to leave the street. Federal authorities in Washington fire tear gas at peaceful demonstrators, then lie about it.

Get the feeling law enforcement in this country is being run by a middle-school bully?

If so, you are not wrong.

Childhood bullies have a predisposition to become adult bullies, research shows, and, sure enough, it seems Attorney General William Barr was a teenage bully more than 50 years ago.

Back in 1991, during Barr’s confirmation to be George H.W. Bush’s attorney general, lawyer Jimmy Lohman, who overlapped with Barr at New York’s Horace Mann School and later Columbia University, wrote a piece for the little-known Florida Flambeau newspaper about Barr being “my very own high-school tormentor” — a “classic bully” and “power abuser” in the 1960s who “put the crunch on me every chance [he] got.”

Nobody noticed the Flambeau piece at the time, but Lohman posted it on Facebook when President Trump nominated Barr in 2018, and it took on “a life of its own,” Lohman told me Tuesday from Austin, where Post researcher Alice Crites tracked him down. The article resurfaces in social media each time Barr does something unconscionable — which is often.

The 1991 description of 1963 Barr’s harassment sounds eerily like the 2020 Barr. He “lived to make me miserable,” with a “vicious fixation on my little Jewish ‘commie’ ass,” Lohman alleged, because he wore peace and racial-equality pins. He said the four Barr brothers picketed the school’s “Junior Carnival” because proceeds went to the NAACP, and he alleged that Billy Barr, the “most fanatic rightist” of the four, later “teamed with the New York City riot police to attack anti-war protesters and ‘long hairs.’ ”

The 1991 article says Barr, a “sadistic kid,” has “come a long way from terrorizing seventh graders just because they wore racial equality buttons.” The Justice Department didn’t respond to my request for comment.

Lohman’s account is consistent with Marie Brenner’s reporting for Vanity Fair: “A few who knew the Barr boys came to call them ‘the bully Barrs’; the siblings, these former classmates claimed, could be intimidating.” A petition from Horace Mann alumni asks the school to “rethink” an award for Barr, who “violated our school’s Core Values of Mutual Respect and Mature Behavior.”

Historian Paul Cronin, in Politico this week, says Barr was part of the “Majority Coalition” at Columbia that fought antiwar demonstrators. Barr had told the New York Times Magazine he was part of a “fistfight” in which “over a dozen people went to the hospital.” Cronin noted: “There appears to be no record of any trip to the hospital.”

Now Barr exaggerates violence on a grand scale. After he directed the forceful eviction of peaceful demonstrators from Lafayette Square, he claimed to Fox News on Monday that the image of peaceful demonstrators was “miscreated” to ignore “all the violence that was happening preceding that.” He alleged that there were two “bottles thrown at me” when he surveyed the scene; footage showed him at a safe distance. He charged that previously “things were so bad that the Secret Service recommended that the president go down to the bunker”; Trump claimed it was merely a bunker “inspection.”

. . . .

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

Read the rest of Dana’s article at the link. 

Sadistic kid grows up to be racist bully, becomes Attorney General, institutes thugocracy, perverts justice, enabled by courts who look the other way. Wow! What a “great American success story.”

What’s the purpose of an independent life-tenured judiciary that lacks the courage, integrity, and commitment to our Constitution to hold Barr accountable for his attacks on truth, the rule of law, and human decency? 

The road from Buffalo, Minneapolis, and Lafayette Park leads directly to the Supremes’ failure of legal and moral leadership. “Equal justice for all” will never become a reality until we get a Supremes’ majority that actually believes in it and has the guts to make it happen! When judges will neither admit nor engage the problem, they are the problem!

Better judges for a better, fairer, more equal America!

Due Process Forever!

PWS

06-10-20

“PEREIRA II” — SUPREMES TAKE ANOTHER “STOP TIME” IMMIGRATION CASE —  Niz-Chavez v. Barr

Amy Howe
Amy Howe
Freelance Journalist, Court Reporter
Scotusblog

https://www.scotusblog.com/2020/06/court-grants-immigration-case/

Amy Howe reports for SCOTUS Blog:

Court grants immigration case

This morning the Supreme Court issued orders from the justices’ private conference last week. The court added one new case to its merits docket for the term that begins in October. The justices once again did not act on two groups of high-profile petitions – one involving gun rights and the other involving qualified immunity – that they considered last week.

With the grant in Niz-Chavez v. Barr, the justices added another immigration case to their docket for next term. At issue in the case is the kind of notice that the government must provide to trigger the “stop-time rule,” which stops noncitizens from accruing the time in the United States that they need to become eligible for discretionary relief from deportation. Congress passed the “stop-time rule” to keep noncitizens from taking advantage of lengthy delays in deportation proceedings to continue to accrue time. Under the rule, a noncitizen’s time in the United States, for purposes of relief from deportation, ends when the government sends him a “notice to appear” containing specific information about a scheduled removal proceeding. The question that the justices agreed to decide today is whether all the necessary information must be provided in a single document in order to trigger the stop-time rule, as Agusto Niz-Chavez, who came to the United States from Guatemala in 2005, contends, or whether the government can trigger the rule by providing the information in multiple documents.

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

Our Round Table has filed amicus briefs on this issue in a number of similar cases, although not in this particular case, which originated in the 6th Circuit.

At issue here is the BIA’s precedent in Matter of Mendoza-Hernandez, 27 I. & N. Dec. 520 (BIA 2019). There, in a now-rare en banc decision, the BIA majority basically “flicked off” the Supremes’ decision in Pereira v. INS,  138 S. Ct. 2105 (2018) and allowed the DHS to remedy a defective statutory Notice to Appear (“NTA”) with a later-issued EOIR notice of hearing providing the missing information to “fill in the blanks” from the original defective notice. 

In an even more unusual and potentially career-shortening move, six of the BIA’s then 15 Appellate Immigration Judges filed a strongly-worded dissent accusing their majority colleagues of ignoring both the words of the statute and the Court’s Pereira decision. Perhaps not surprisingly, three of the dissenting judges have since retired from the BIA and a fourth, the Vice Chair, was passed over for Acting Chair in a highly unusual personnel move by the DOJ, which controls the BIA. (One of the primary reasons for having a designated “Vice Chair” is to be the “Acting Chair” in the absence of the Chairman.) In their places, Barr has appointed some of the most notorious hard-line asylum denying Immigration Judges in the nation.

The Supremes have thus far tiptoed around the glaring unconstitutionality of a so-called “appellate tribunal” that is appointed, wholly controlled by, and answers to the chief prosecutor, the Attorney General. Not surprisingly, upon discovering the Constitution-nullifying power of a “captive court system,” that is not a court at all under any common understanding of the term, the Administration has leveraged it to the max as a tool for their White Nationalist anti-immigrant agenda. Indeed, all the recent BIA and Attorney General precedents have ruled in favor of the DHS position, even where statutory language, Article III court rulings, prior precedents, and common sense strongly supported the opposite results. 

And, many Courts of Appeals have continued to fictionalize that the highly politicized and “weaponized” BIA is an “expert tribunal” entitled to “Chevron deference.” Any true immigration law expert would say that proposition is absurd. Yet, it conveniently furthers the causes of  both “judicial task avoidance” and the White Nationalist agenda of the Administration.

Because the BIA now occupies itself not with fair and impartial, expert decision-making, but mostly with keeping the “deportation express” running and insuring that DHS prevails over the legal claims of migrants and asylum seekers to fair and humane treatment under the law, the Supremes are finding themselves in the middle of the “statutory and regulatory nitty gritty” of immigration law that was supposed to be the province of a competent and impartial BIA.

While that has occasionally, as in Pereira, worked to the advantage of individuals seeking justice, for the most part, the Supremes have been willing enforcers of the Administration’s abrogation of immigration laws without Congressional participation and “Dred Scottification” of “the other” in violation of our Constitution, and indeed, in violation of both international conventions and fundamental human decency.

Think of how much better and more efficiently the immigration system could run with a constitutionally-required independent Immigration Court utilizing fair and impartial judges selected on the basis of expertise and reputation for fairness and scholarship rather than commitment to DHS enforcement goals.  Think of how much better off our society would be if the Supremes stood up for equal justice for all, rather than enabling a far-right would-be authoritarian scofflaw regime following a  racially-biased agenda of dehumanization, degradation, and deportation.

Due Process Forever!

PWS

06-08-20

AMERICA’S FLAILING & FAILING JUDICIARY: ACHIEVING “EQUAL JUSTICE FOR ALL” REQUIRES COURAGEOUS AND EMPATHETIC JUDICIAL LEADERSHIP — Don’t Expect It From A Supremes’ Majority Firmly Wedded to Promoting “Dred-Scottification” (De-Humanization) of “The Other!”

Linda Greenhouse
Linda Greenhouse
Contributing Opinion Writer
NY Times

https://www.nytimes.com/2020/06/04/opinion/sunday/supreme-court-religion-coronavirus.html

Linda Greenhouse writes in The NY Times: 

The Supreme Court made the indisputably right call last week when it refused to block California from limiting attendance at religious services in an effort to control the spread of Covid-19.

A Southern California church, represented by a Chicago-based organization, the Thomas More Society, which most often defends anti-abortion activists, had sought the justices’ intervention with the argument that by limiting worshipers to the lesser of 25 percent of building capacity or 100 people, while setting a 50 percent occupancy cap on retail stores, California was discriminating against religion in violation of the Constitution’s Free Exercise Clause.

Given the obvious difference between walking through a store and sitting among fellow worshipers for an hour or more, as well as the documented spread of the virus through church attendance in such places as Sacramento (71 cases), Seattle (32 cases) and South Korea (over 5,000 cases traced to one person at a religious service), California’s limits are both sensitive and sensible, hardly the basis for constitutional outrage or judicial second-guessing.

So why did the court’s order, issued as midnight approached on Friday night, fill me with dread rather than relief?

It was because in a ruling that should have been unanimous, the vote was 5 to 4. And it was because of who the four dissenters were: the four most conservative justices, two of them appointed by the president who a couple of months ago was demanding that churches be allowed to open by Easter and who, even before the murder of George Floyd in Minneapolis, was openly encouraging protests in the capitals of states not reopening as quickly as he would like.

As an astonished country witnessed on Monday night, as he held a Bible in front of a church near the White House after demonstrators were violently cleared from his path, Donald Trump is using religion as a cultural wedge to deflect attention from the consequences of his own ineptitude. The recognition that four Supreme Court justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — would have invoked the court’s power to undermine fact-based public policy in the name of a misbegotten claim of religious discrimination was beyond depressing. It was terrifying.

Does that sound like an overstatement? Take a look at Justice Kavanaugh’s dissenting opinion. “California’s latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses,” he wrote. “Such discrimination violates the First Amendment.”

It’s interesting that while Justices Gorsuch and Thomas signed Justice Kavanaugh’s opinion, Justice Alito did not. Perhaps he’s just too good a lawyer to subscribe to the flimsy analysis underlying this opinion. Fair enough, but he evidently couldn’t be bothered to explain his own dissenting vote. And no less than his fellow dissenters, he obviously inhaled the unfounded claim of religious discrimination that the president has injected into an atmosphere already saturated with polarizing rhetoric.

. . . .

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

Read the rest of Linda’s op-ed at the above link.

This is just a symptom of an ongoing cancer at the Court. Cases like Hawaii v. Trump (“greenlighting” arbitrary and capricious punishment of refugees, Muslims, certain immigrants based on clearly pretextual “security grounds”), Wolf v. Innovation Law Lab (“Let ‘Em Die in Mexico!” Particularly when they are “only” Central American asylum seekers), and Wolf v. Cook County (final greenlighting of Stephen Miller’s racist scheme to deny health care and spread deadly fears in American Hispanic communities) should all have been 9-0 in favor of those opposing Trump’s racially-biased, illegal, unconstitutional policies. 

Additionally, Trump Toady Solicitor General Noel Francisco should have been strongly cautioned against continuing to bend the ethical codes with largely fabricated “emergencies” intended to interfere with the normal functioning of the Federal Courts.

Instead, the Supremes’ majority gave the regime totally undeserved, immoral victories in all three cases. As a result, many innocent individuals were denied rights, forced into life-threatening conditions, and some even died. The  Supremes’ inflicted damage on society at large. They assisted in trampling social justice and human rights. They grotesquely perverted and “turned on its head” the concept of “irreparable harm.” They indelibly and irreparably damaged their reputation and our system of justice.

In the meantime, the message to Francisco and the rest of his human rights denying scofflaw crowd over at the DOJ is clear: Justice is dead, courage has fled, you’re in charge. 

Unhappily, by most accounts, the tone-deaf and disconnected Supremes’ majority might be on the cusp of throwing more gasoline on the fires of social justice, at the worst possible time for our nation. If, as expected, they endorse the regime’s intentionally cruel, illegal, dishonest, and racially charged scheme to,”shaft” Dreamers   — some of our finest young people, many of whom are “essential workers” — it’s likely to spark more justified outrage and further protests!

So certain are the regime’s White Nationalists that they have the “J.R. Five” in their pocket that they reportedly already are planning to use these American youths as “hostages” to demand even further immigration restrictions as “ransom” from House Dems. The Dems are unlikely to bite, so Dreamers will be left to “twist in the wind” pending the results of the election.

The Supreme Court majority has been hand selected by the GOP to insure that a minority, anti-democratic ideology, often willfully devoid of humanity and historical awareness, will continue to exercise disproportionate influence over the U.S. legal system for years, perhaps decades, to come. 

We can’t change the past. But, a better “appointing authority” will be a start of long overdue change and “pushback” from the forces and institutions of democracy, humanity, and racial justice to restore integrity to our highest Court that, in actuality, now functions more like the lowest denominator and an instigator of racial and institutional injustice in our hurting nation. 

Due Process Forever! Complicit Courts Never!

PWS

06-06-20

TA-NEHISI COATES IS OPTIMISTIC THAT WE’RE FINALLY AT A MOMENT OF CHANGE IN AMERICA’S APPROACH TO RACE RELATIONS — Read Ezra Klein’s Vox News Interview With Ta-Nehisi to Find Out Why!

Ezra Klein
Ezra Klein
Co-Founder, Editor-at-Large
Vox News
Ta-Nehisi Coates
Ta-Nehisi Coates
American Author

https://apple.news/Tn2n0n8PnRUG6W-1mAp_OZw

Why Ta-Nehisi Coates is hopeful

The author of Between the World and Me on why this isn’t 1968, the Colin Kaepernick test, police abolition, nonviolence and the state, and more.

The first question I asked Ta-Nehisi Coates during our recent conversation on The Ezra Klein Show was broad: What does he see right now, as he looks out at the country?

“I can’t believe I’m gonna say this,” he replied, “but I see hope. I see progress right now.”

Coates is the author of the National Book Award winner Between the World and Me and The Water Dancer, among others. We discussed how this moment differs from 1968, the tension between “law” and “order,” the contested legacy of Martin Luther King Jr., Donald Trump’s view of the presidency, police abolition, why we need to renegotiate the idea of “the public,” how the consensus on criminal justice has shifted, what Joe Biden represents, the proper role of the state, and much more.

But there’s one particular thread of this conversation that I haven’t been able to put down: There is now, as there always is amid protests, a loud call for the protesters to follow the principles of nonviolence. And that call, as Coates says, comes from people who neither practice nor heed nonviolence in their own lives. But what if we turned that conversation around? What would it mean to build the state around principles of nonviolence, rather than reserving that exacting standard for those harmed by the state?

An edited transcript from our conversation follows. The full conversation can be heard on The Ezra Klein Show.

Ezra Klein

What do you see right now, as you look out at the country?

Ta-Nehisi Coates

I can’t believe I’m gonna say this, but I see hope. I see progress right now, at this moment.

I had an interesting call on Saturday with my dad, who was born in 1946, grew up dirt poor in Philadelphia, lived in a truck, went off to Vietnam, came back, joined the Panther Party, and was in Baltimore for the 1968 riots. Would’ve been about 22 at that time.

I asked him if he could compare what he saw in 1968 to what he was seeing now. And what he said to me was there was no comparison — that this is much more sophisticated. And I say, well, what do you mean? He said it would have been like if somebody from the turn of the 20th century could see the March on Washington.

The idea that black folks in their struggle against the way the law is enforced in their neighborhoods would resonate with white folks in Des Moines, Iowa, in Salt Lake City, in Berlin, in London — that was unfathomable to him in ‘68, when it was mostly black folks in their own communities registering their great anger and great pain.

I don’t want to overstate this, but there are significant swaths of people and communities that are not black, that to some extent have some perception of what that pain and that suffering is. I think that’s different.

Ezra Klein

Do you think there is more multiethnic solidarity today than there was then?

Ta-Nehisi Coates

I do. Within my lifetime, I don’t think there’s been a more effective movement than Black Lives Matter. They brought out the kind of ridiculousness that black folks deal with on a daily basis in the policing in their communities.

George Floyd is not new. The ability to broadcast it the way it was broadcasted is new. But black folks have known things like that were going on in their communities, in their families, for a very long time. You have a generation of people who are out in the streets right now, many of whom only have the vaguest memory of George Bush. They remember George Bush the way I remember Carter. The first real president who they actually grappled with was a black dude. That’s a different type of consciousness.

Ezra Klein

I was watching the speech Trump gave before tear-gassing the protesters in the park in DC. What so chilled me about that speech was how much he clearly wanted this — like this was the presidency as he had always imagined it, directing men with guns and shields to put down protesters so he could walk through a park unafraid and seem tough.

He’s always seemed so disinterested and annoyed by the actual work of being president, even during coronavirus. But this is the thing that he seems energized and excited by. And that’s been the scary part of it to me — that you have somebody in that role who is eager for escalation.

Ta-Nehisi Coates

It is pretty clear that the war-making part of being head of state was the part that most appeals to Donald Trump.

What does this mean for the election? It may be true that Donald Trump will win. Maybe this will lead to some sort of white backlash that ultimately helps him. I can’t really call that. But what I will say is this is a massive denial of legitimacy. Donald Trump may win the election in November, but he will be a ruler and not a president.

I think that those things need to be distinguished. When you’re calling out the military to repress protests that are in cities across the country, not just in ghettos and in hoods, all you have is force at that point. Most likely if he wins, he’ll be someone who won with a minority of the vote two times, which will be a first in American history. And violence will be the tool by which he rules. I think it’s a very different situation to be in.

Ezra Klein

I’m glad you brought in that word legitimacy. I wrote a piece the other day called “America at the breaking point,” and one of the things that I was imagining as I wrote that was a legitimacy crisis. The stakes have been going higher and higher this year: coronavirus, the entire country locked in houses, upset, angry, scared. Then you add on a series of basically televised lynchings.

And then you think: This is an election year. In some ways, I’m more afraid of the situation you just described. If Donald Trump is reelected in a way that does not feel legitimate to people — if he loses by more votes than he did in 2016, or there’s a contested-vote situation — this could turn out badly. Legitimacy crises are scary things. And I don’t think we’re really well equipped for one right now.

Ta-Nehisi Coates

I agree. But when I look back historically, the alternative to me is 1968.

I think, amongst a large swath to a majority of black people in this country, the police are illegitimate. They’re not seen as a force that necessarily causes violent crime to decline. Oftentimes you see black people resorting to the police because they have no other option, but they’re not seen with the level of trust that maybe Americans in other communities bestow upon the police. They know you could be a victim to lethal force because you used a $20 bill that may or may not have been counterfeit, because you were asleep at night in your home and somebody got a warrant to kick down your door without knocking.

I would argue that [feeling] has been nationalized. I don’t know that everybody in America feels that way, but I think large swaths of Americans now feel that Trump is the police. And they feel about Trump the way we feel about cops: This is somebody that rules basically by power. I would prefer that situation to 1968, where we’re alone in our neighborhoods and we know something about the world and we know what the police do, but other folks can’t really see it — and if they can, they’re unsympathetic. I would prefer now.

The long history of black folks in this country is conflict and struggle, between ourselves and the state and other interests within the society so that we can live free. And this is the first time that I think a lot of us have felt that the battle was legitimately joined, not just by white people but other people of color. When I hear that brother in Minneapolis talk about how his store was burned down and him saying, “Let it burn.” That’s a very different world. It’s a very, very different situation. It’s not a great one. It’s not the one we want. But it’s not ‘68.

. . . .

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

Read the rest of the interview at the link.

Coincidentally, I just finished reading Coates’s novel about slavery and freedom, The Water Dancer, which I highly recommend. 

⭐️⭐️⭐️⭐️⭐️I also found the just-released streaming movie Just Mercy instructive. It’s based on the true story of unjustly convicted Alabama death-row inmate Walter McMillan and his courageous young just-out-of-Harvard African-American attorney Bryan Stevenson, played by Michael B. Jordan. In the movie, as in real life, justice was achieved in the end. 

But, was it really?

Why should justice in America a be so dependent on both the “right lawyer” and the particular location and judges before whom you are tried? Why should it be so difficult, time consuming, painful, and uncertain to obtain? Why weren’t the crooked sheriff and the other perpetrators of deadly fraud held accountable? Why was such a tone-deaf judge on the bench in the first place? Why was a corrupt system not interested in real justice for the murder victim? Why do we still have the death penalty — clearly “cruel and unusual punishment” in violation of the Constitution by any rational definition? 

It’s also worth remembering that one of the greatest advocates of putting African Americans in Alabama to death was none other than White Nationalist prosecutor Jeff “Gonzo Apocalypto” Sessions. Sessions then went on to a further career involving child abuse, squandering of taxpayer funds on “gonzo” prosecutions of legal asylum seekers, and unfairly sentencing Hispanic refugee women to torture, and even death. Yet, Sessions walks free. He even has the audacity to run for public office again based on his perverted, racist views of “justice” in America.

Whether or not he, or the equally repulsive and bigoted other GOP candidate, former football coach Tommy Tuberville, get elected will be a true test of how far we have come as a nation, and in particular, how far Alabama has come in atoning for past wrongs. Anybody who cares about equal justice for all should send at least a few bucks to the re-election campaign of wholly decent, competent, U.S. Senator Doug Jones (D-AL) to help him fight the GOP “forces of darkness, racism, and inequality,” arrayed against him.

I really hope Coates is right. But, based on the “reality of the moment” we still have a long way to go.  True social justice would involve accountability for individuals like Trump, Miller, Sessions, and Barr who have been actors and proponents of injustice toward “the other” in our society. When folks like unapologetic White Nationalist provocateur Sen. Tom Cotton (R-AK) are no longer placed in public office, then, and only then, will social justice and equal justice for all have been achieved.

And, I personally doubt our capacity as a nation for true due process and equal justice under law as long as the “JR Five” rule the Supremes. So far, there haven’t been many racial injustices or “Dred Scottifications” of the other that they have had the courage and integrity to condemn! Better judges, with more humanity and empathy, are a requirement for a truly just nation.

That pandering, maliciously incompetent, willfully ignorant, bigot Donald Trump, with his vile, intentionally racially divisive message of fear still polls at 42% shows just how far we have to go to achieve due process and equal justice for all in America. “Equal Justice For All” isn’t just a “snappy slogan;” it requires leaders who really believe in it! 

Right now, save for Nancy Pelosi, we conspicuously lack such leaders in all three Branches of our National Government. Better results will require change at the top. It will also require a significant minority of voters to stop enabling the intolerant, incompetent, and divisive to rule.

As Dr. Martin Luther King, Jr., once wrote:

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” 

The quote isn’t just an “abstract concept;” it has “real life” meaning. It’s from King’s Letter From Birmingham Jail, where he was unjustly imprisoned in 1963 for participation in peaceful protests against racial injustice.

“Social Justice” isn’t just an idealistic concept. It’s an absolute necessity for a well-functioning, just, and fully productive society!

Due Process Forever!

PWS

06-07-20

GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

George Packer
George Packer
American Journalist, Author, Playwright

https://apple.news/A-6795FCPQU6LRBMW1_nzvw

Packer writes in The Atlantic:

IDEAS

Shouting Into the Institutional Void

Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.

The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.

In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.

The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”

[Anne Applebaum: History will judge the complicit]

It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”

King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.

The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.

After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.

[James Fallows: Is this the worst year in modern American history?]

If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.

William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.

The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.

[Read: The double standard of the American riot]

Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.

. . . .

This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.

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

Read the rest of Packer’s article at the above link. 

Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court. 

We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.

The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.

The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice —  imperils our nation and many of its inhabitants. 

America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴‍☠️👎🏻🥵

This November, vote like your life depends on it! Because it does!

PWS

06-06-20

DEBUNKING THE TRUMP REGIME’S WHITE NATIONALIST MYTHS☠️: Furthering & Protecting Immigrants’ Rights Benefits Society — Bogus “COVID-19” Visa Restrictions & Other Nativist Nonsense Enabled By Feckless Congress & Failing Courts Hurts America!

Gaurav Khanna
Gaurav Khanna
Assistant Professor of Economics
U.S. San Diego

https://apple.news/AtzkkrgAGThCSMutjCZCjAg

 From SCIENMAG:

New Visa restrictions will make the US economic downturn worse

New research shows legal protections for immigrants improve lives and livelihoods of citizen workers

The Trump administration is expected to set limits on a popular program that allows international students to work in the U.S. after graduation while remaining on their student visas. The restrictions on the Optional Practical Training (OPT) program are designed to help American graduates seeking jobs during the pandemic-fueled economic downturn; however, the move is likely to further hurt the economy, according to new University of California San Diego research on immigrant rights.

In a new research paper, economists find that immigrant rights enhance the lives and livelihoods of native-born workers in many ways. Drawing from a sweeping collection of studies on the U.S. labor market over the past century, the paper is the first of its kind to look at how legal protections for immigrants affect domestic workers of immigrant-receiving countries in terms of generating income, innovation, reducing crime and increasing tax revenues.

One in eight persons living in the United States was born in a different country. Therefore understanding the impact of migrant worker rights on receiving economies is crucial to immigration policymaking, especially with the White House’s immigration policies growing more exclusionary during the COVID-19 pandemic.

“This time the political restrictions seem to be on high-skill foreign-born, like students, OPTs and those with H1B visas,” said Gaurav Khanna, co-author and assistant professor of economics at the UC San Diego’s School of Global Policy and Strategy (GPS). “Many high-skill workers have lost their jobs, which means many will have to leave the country soon. When the U.S. crisis abates, there may be a scarcity of high-skill professionals, which could stall a robust recovery.”

Legal protections for immigrants aid entrepreneurship and innovation

About 45 percent of Fortune 500 companies were founded by immigrants or children of immigrants. These companies amass more than $6 trillion in revenue per year and include tech-giants like Google-Alphabet, Microsoft, Tesla and Apple. With one in four of computer scientists born in a different country, the U.S. immigrant workforce comprises of many of Silicon Valley’s top entrepreneurs, current CEOs or company founders.

As entrepreneurs know, starting a business requires a lot of money up front while the return on investment may take years, but the benefits to the local populations prove to be very positive from the start.

With the economy contracting at unprecedented levels, the White House’s decision to impose more visa restrictions is expected make economic recovery more difficult because the less confidence immigrants have in their status, the less likely they are to seed innovation and create businesses.

Providing legal permanence and stability to immigrants may help incentivize long-term local investments like businesses which lead to an increase in jobs and a larger tax base, Khanna and co-author Anna Brown, a graduate of GPS’s Master of Public Policy program write.

H1-B under fire, despite its well-documented economic benefits

Most technology workers enter the U.S. on H-1B visas, which are temporary work visas that are valid for three years and renewable up to another three years. At the end of the six-year period, these highly-skilled workers must either leave the country or apply for a costly green card that has a long waitlist, particularly for citizens of India and China.

“Extending the H-1B limit or making the green card process easier would provide immigrants with a longer legal work status in the U.S. and allow employers to retain high-skill talent, which could have downstream effects on other industries that use software, like banking, manufacturing and other sectors,” the authors write.

Since the H-1B visa was in introduced in 1990, it has yielded many economic benefits. For example, U.S.-born workers gained $431 million in 2010 as a result of the H-1B, according to previous research from Khanna. Moreover, another study of his revealed that hiring H-1B workers was strongly associated with firms introducing newer products.

However, new restrictions to the H-1B, the same type of visa the founder of SpaceX, Elon Musk, used to begin working in the U.S., could be released soon as the White House recently indicated it is reevaluating the program. This could yield another roadblock for the legalization of immigrants with entrepreneurial ambition.

“Unless immigrants are certain they will be allowed to remain within a country, they may not invest in developing a business in that country,” Khanna and Brown write. “This highlights a problem faced by many migrants who have ambitions to start businesses but will not because they know they may not be able to stay in the country for long.”

More protections for immigrants increases the likelihoods of jobs going to native born-workers, over immigrants

In addition to analyzing how immigrant rights aid entrepreneurship, Khanna and Brown also looked at how these policies impact the competition between native-born and immigrant workers. Immigrant worker rights protect migrant workers from employer exploitation; an indirect benefit of these laws is that they even the playing field between immigrants and non-immigrants.

“Migrant workers, who are not legally protected, face much lower wages compared with their native counterparts,” according to Khanna. “This is detrimental to U.S. born workers, who are less likely to be hired. Ensuring migrant workers have substantial rights inadvertently helps U.S. born workers as well.”

The study points to exclusionary immigration policies over the course of U.S. history, from the Chinese Exclusion Act of 1882, to the Kennedy and Johnson administrations’ policies targeted at farmworkers, all of which were driven by fear of low-skill laborers from other countries depressing wages of native-born workers in the U.S.

However, economist all over the world have been unable to find evidence that proves these theories. Rather, in each of these cases throughout U.S. history, employers adjusted to the missing workers in ways other than substantially bidding up wages, such as by shifting to production technologies that use less labor.

“Often, such policies have been motivated by resentment against foreign workers; however, this fear may be based on false perceptions and lack of evidence,” the authors of the paper, which appeared in the UCLA Journal of International Law & Foreign Affairs, write. “This resentment may also be driven by racial prejudices and xenophobia.”

Rights for immigrants also lower crimes in receiving countries

Even as the discussion on the impact of immigration has predominantly focused on wages and employment, the current U.S. President has strongly alluded to a link between immigrants and crime, propelling growing discourse on the subject.

Between 2001 and 2017, Gallup polls consistently reflected that roughly half (45 percent to 58 percent) of American respondents believe immigrants make the crime situation worse. These assumptions are false. The authors cite ample research that sheds light on incarceration rates being lower for immigrants, and far lower for newly arrived immigrants, revealing the baseline for criminal activity among immigrants is lower than native-born workers.

In addition, the authors point to previous studies that revealed a correlation between immigrant rights with decreased crime over the course of four decades (1970 to 2010).

“This is because the less protection and work opportunities immigrants have, the more likely they are to turn to criminal activity, as an act of desperation,” said Khanna. “Criminal behavior is widely understood to be a result of necessity and when given legal employment opportunities at livable wages, crime is reduced.”

For example, after the Immigration Reform and Control Act (IRCA) of was implemented in 1986, which gave legal status to three million immigrants in the U.S., it led to a marked decrease in crime up to 5 percent.

Legal protections lower the fiscal burden and reduce deficits

Contrary to popular belief, undocumented migrant workers pay taxes, mostly income taxes, which are estimated to at $11.7 billion. Yet the number would be higher (by $2.2 billion) if undocumented migrants were granted legal status, an important consideration as the national deficit mounts in the wake of COVID-19.

Additional ways more protections for migrants would help domestic populous could be lower health care costs. Undocumented migrants may not be eligible for insurance, adding to healthcare costs in times of emergency.

“We find that the fiscal burden can be greatly reduced if immigrants are given working status and allowed to contribute to the tax base,” the authors wrote. “In conclusion, we find there are several areas where strengthening migrant worker rights benefits native-born workers, outweighing any costs borne by them.”

To read the full paper, go to the UCLA Journal of International Law & Foreign Affairs website.

Media Contact
Christine Clark
ceclark@ucsd.edu
https://ucsdnews.ucsd.edu/pressrelease/new-visa-restrictions-will-make-the-u.s-economic-downturn-worse

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

The fear mongering, racist lies, anti-scientific BS, and White Nationalist false narratives pushed by the Trump regime and enabled by a feckless Congress and complicit Article III Courts that refuse to give meaning to our Constitution and statutes while failing to require honesty and candor from the Administration are destroying America.

No, everything can’t be changed overnight. Sadly, the damage inflicted by Trump, his corrupt cronies, and his supporters on America and on our democratic institutions is huge; it will take years if not decades to repair. That’s what makes the exceptionally poor performance of Congress and the Federal Judiciary as a whole under the defective leadership of the Supremes so reprehensible. Far, far too many of the wrong people in the wrong jobs at the worst time in our history for fecklessness, lack of courage, and absence of integrity, not to mention empathy and compassion for “the other.” Disgraceful!

But regime change and appointing Federal Judges who demonstrate “community creds,” a commitment to due process, fundamental fairness, equal justice under law, human rights, and human decency would be an important necessary step to making social justice in America a reality rather than just a slogan. It would also help protect us against any future “Trump-style, neo-fascist regime.” 

This November, vote like your life depends on it. Because it does!

 PWS

06-06-20

🏴‍☠️“BIZARRO COURTS” — THE CONSTITUTION APPLIES TO ALL PERSONS IN THE U.S., YET ICE & THEIR “PARTNERS” AT EOIR HAVE ESTABLISHED A CONSTITUTION-FREE “COURT SYSTEM” THAT OPERATES BEYOND THE LAW & MORALITY IN A LEGAL NEVER-NEVER LAND 🧚‍♂️ — How Do They Get Away With It Under The Noses Of Congress & Article III Courts? — An Outrageous Story of Gross 🤮 Institutional & Personal Failures & Ethical Lapses Across All Three Branches of Our Federal Government ☠️👎🏻!

Paul Moses
Paul Moses
Reporter
The Daily Beast
Tim Healy
Tim Healy
Reporter
The Daily Beast

 

Paul Moses and Tim Healy report for The Daily Beast:

‘The Bizarro-World’ Immigration Courts Where the Constitution Isn’t Applied Detainees can be held for weeks or months before seeing a judge. The Justice Department gave “the word of the agency under penalty of perjury” that it would fix that—but only in NY

 

·         ICE officials acknowledged that they couldn’t handle the volume of arrests their own agents made; the major clog was in getting a legal review from the agency’s understaffed legal unit.

 

·         In 11 of the 55 venues that heard more than 500 cases last year, detainees spent six weeks or more in jail before an initial hearing. Such long waits would be unconstitutional in criminal cases; the right to due process requires authorities to not only get a case filed but also to provide an arraignment promptly, generally in no more than 48 hours.

 

·         Among the 55 venues that handled 500 or more detainee cases last year, the longest waits from arrest to initial hearing were in hearing locations at privately run lockups under contract with ICE: Winn Correctional Center in Winnifield, Louisiana, a median of 140 days; T. Don Hutto Residential Center in Taylor, Texas, 72 days; Richwood Correctional Center in Richwood, Louisiana, 64 days…

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

Ironically, by his own overt corruption and open disdain for our Constitution and the rule of law, Trump has exposed the deep flaws, grotesque derelictions of duty, and unethical complicity throughout our Constitutional institutions that are supposed to protect all of us, particularly the most vulnerable among us like civil immigration detainees and asylum seekers, from abuses by would-be authoritarian tyrants like Trump!

Here’s a gem:

 

“The larger question behind this mass of numbers is why DHS is detaining so many people when both its legal office and the court lack the staffing—not only judges but support staff as well—to handle them.

‘I would just say, they are the prosecuting agency and in this context, they have complete control over the timeline,’ said Aaron Hall, an immigration lawyer who practices at the court in Aurora, Colorado, which has had substantial delays. ‘If the charging document isn’t ready to go, why are they arresting them?’”

Good question! But don’t expect a straight answer from the “malicious incompetents” at DHS. Nor will today get anything except misleading nonsense from their “partners” at EOIR (“ICE Jr.”).

DOJ was forewarned of this disaster by an independent consultant back in 2017. But, rather than solving the problem, then AG Jeff “Gonzo Apocalypto” Sessions intentionally made things even worse at EOIR. You might remember “Gonzo” as the “mastermind” behind the regime’s unconstitutional child separation policy. His victims were returned to abuse, scarred for life, or imprisoned for the “crime” of asserting their Constitutional and legal rights to fair treatment.  

All of this is wrong, plain and simple! It’s part of “Dred Scotiffication” — now playing out across our nation in many ways. Finally, the systematic “dehumanization of the other” as aided, abetted, and actually encouraged by a majority of the Supremes, is getting some much-needed and long overdue “pushback.”

But the abuses of our Constitution and our values, and the unaccountability of corrupt public officials, present and former, of the Trump immigration kakistocracy, won’t cease until we get “regime change.” That requires substantial personnel and attitude changes across all three branches of our reeling Federal Government! And that definitely includes accountability for those who have failed to insure “equal justice for all” and instead permitted and sometimes aided and abetted the existence of “Constitution-Free Zones” right under their noses!

Due Process Forever! Complicit Officials & Institutions, Never!

PWS

6-04-20

ROUND TABLE STRIKES ANOTHER BLOW IN SUPPORT OF JUSTICE⚔️🛡: Immigration Detainees Have a Right to Due Process in Bond Hearings — PADILLA RAUDALES V. DECKER, 2D CIR.

CHRISTOPHER T. CASAMASSIMA
CHRISTOPHER T. CASAMASSIMA
Partner
Wilmer Hale
Los Angeles
SOUVIK SAHA
SOUVIK SAHA
Counsel
Wilmer Hale
Washington, D.C.
Knightess
Knightess of the Round Table

 

INTEREST OF AMICI CURIAE1

Amici curiae have served as Immigration Judges and as members of the Board of Immigration Appeals (“BIA”). Amici are invested in the resolution of this case because they have dedicated their careers to improving tghe fairness and

2

efficiency of the U.S. immigration system. Through their centuries-long collective experience, amici have adjudicated hundreds—if not thousands—of immigration detention hearings. Amici have substantial knowledge of immigration detention issues, including the practical impact of the burden of proof in such hearings.

INTRODUCTION AND ARGUMENT SUMMARY

Under the Fifth Amendment, “[n]o person” shall “be deprived of … liberty … without due process of law[.]” U.S. Const. amend. V. The “[f]reedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the liberty that Clause protects.” Zadvydas v. Davis, 533 U.S. 678, 690 (2001). This liberty is so fundamental that the law tolerates its restraint only in limited circumstances.

1

Amici are invested in the resolution of

2

efficiency of the U.S. immigration system. Through their centuries-long collective experience, amici have adjudicated hundreds—if not thousands—of immigration detention hearings. Amici have substantial knowledge of immigration detention issues, including the practical impact of the burden of proof in such hearings.

INTRODUCTION AND ARGUMENT SUMMARY

Under the Fifth Amendment, “[n]o person” shall “be deprived of … liberty … without due process of law[.]” U.S. Const. amend. V. The “[f]reedom from imprisonment—from government custody, detention, or other forms of physical restraint—lies at the heart of the liberty that Clause protects.” Zadvydas v. Davis, 533 U.S. 678, 690 (2001). This liberty is so fundamental that the law tolerates its restraint only in limited circumstances.

1

Amici are invested in the resolution of this case because they have dedicated their careers to improving the fairness and

Board of Immigration Appeals (“BIA”).

Amici have filed substantially similar briefs in other cases involving burden of proof issues in proceedings under 8 U.S.C. § 1226(a). Here, no party or party’s counsel authored this brief in whole or in part, nor contributed money to preparing or submitting this brief. Only amici or their counsel contributed money to prepare or submit this brief. The parties have consented to the filing of this brief.

2

A complete list of amici is included in this brief’s addendum.

Case 19-3220, Document 116, 06/03/2020, 2854056, Page13 of 56

Such restraint violates the Due Process Clause “unless the detention is ordered in a criminal proceeding with adequate procedural protections, or, in certain special and narrow nonpunitive circumstances, where a special justification, such as harm-threatening mental illness, outweighs the individual’s constitutionally protected interest in avoiding physical restraint.” Zadvydas, 533 U.S. at 690. Yet, federal law provides far greater protections to criminal defendants than it does to noncitizens in civil proceedings—even though the distinctions between criminal and non-criminal proceedings mean very little to a person sitting behind bars.

Accordingly, noncitizens already face significant hurdles in detention proceedings brought under 8 U.S.C. § 1226(a). At issue in this appeal is whether another, even higher and more fundamental, barrier to due process can be erected in this Circuit: do noncitizens bear the burden of justifying their freedom from detention? For noncitizens, the answer to this question is no mere technicality—it can mean the difference between freedom and confinement. This burden’s allocation, therefore, “reflects the value society places on individual liberty.” Addington v. Texas, 441 U.S. 418, 425 (1979).

Given their collective experience in adjudicating immigration bond hearings, amici are particularly well-suited to address the monumental question in this case. To that end, amici wish to share the following observations for this Court’s benefit:

-2-

Case 19-3220, Document 116, 06/03/2020, 2854056, Page14 of 56

First, noncitizens already enjoy fewer procedural protections than criminal defendants. We contrast the procedural rules for detaining criminal defendants and noncitizens to underscore the challenges that noncitizens face in immigration bond hearings, and to highlight the need for a presumption against detention as one of the last remaining bulwarks to protect noncitizens’ liberty.

Second, detention of noncitizens consumes the government’s already- limited administrative and judicial resources. Amici highlight the staggering costs that are associated with immigration detention, as well as the strain on immigration courts resulting from the unnecessary detention of noncitizens.

Third, contrary to the government’s position, placing the burden of proof on the government would not generate fiscal or administrative hardship. Amici advance that position with confidence because the government previously shouldered that exact burden over a fifteen-year period. Several of the amici served as Immigration Judges within that period and found that this older system did not cause additional costs or administrative hurdles.

Fourth, in amici’s experience, detaining noncitizens actually increases the burden on the immigration court system. While in detention, noncitizens face significant challenges in adequately preparing their cases. Further, the Executive Branch now utilizes “performance metrics” to encourage Immigration Judges to accelerate the fact-finding process in detention proceedings. With less time for

-3-

Case 19-3220, Document 116, 06/03/2020, 2854056, Page15 of 56

individualized fact-finding, noncitizens will have even less opportunity to marshal the facts needed to satisfy the burden to avoid detention. Reallocating the burden of proof in immigration bond hearings, therefore, would reduce costs.

Fifth, and finally, amici offer alternatives to noncitizen detention that would inject much-needed resources to the immigration court system. The government’s aversion to such alternatives rest on a single statistic suggesting that the vast majority of noncitizens abscond upon release on bond. That statistic, however, is misleading and inconsistent with other available data, and bears little resemblance to the reality that amici encountered in years of adjudicating immigration cases.

Together, these observations should lead this Court to conclude that due process requires the government to make some sort of individualized showing before it may place noncitizens under lock and key.

. . . .

Read the full brief here: AS FILED No. 19-3220 Amici Br. Padilla Raudales v. Decker (2d Cir.)

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

Thanks again not only to the signatory members of our Round Table, but especially to CHRISTOPHER T. CASAMASSIMA, SOUVIK SAHA, and the other members of their pro bono team over at  WILMER HALE.  Without assistance like yours, the “Voices of the Round Table” would not be heard in support of justice in so many cases throughout our nation!

DUE PROCESS FOREVER!

PWS

06-04-20