SHE’S SMART, HARD-WORKING, MULTI-TALENTED, FUNNY, SELF-AWARE, INDEPENDENT, UNAFRAID, & TOLERANT – A SUCCESSFUL SELF-MADE MULTI-AWARD WINNING BUSINESSWOMAN IN A TOUGH FIELD, A SAVVY ENTREPRENEUR, & A LOVING MOM – HE’S A CHILDISH, EGOTISTICAL, SELF-CENTERED, DISHONEST CREEP — So, How Did A Fundamentally Nice Person Like Stormy Daniels Get Mixed Up With Someone Like Donald Trump?

☠☠☠☠☠☠👹👹👹👹👹🤢🤢🤢

WARNING: THESE ARTICLES DEAL WITH A SUPERSTAR OF THE SO-CALLED ADULT ENTERTAINMENT INDUSTRY AND A SLEAZY REALITY SHOW HAS BEEN/NEVER WAS NAMED DONALD TRUMP. THEY CONTAIN MATERIAL THAT MIGHT NOT BE SUITABLE FOR FAMILY READING AND/OR VIEWING!

 

https://www.washingtonpost.com/investigations/once-silent-stormy-daniels-speaks-loudly-with-lawsuit-targeting-trump/2018/03/10/b2668ec6-23b1-11e8-a589-763893265565_story.html

 

More than 16 months ago, Stormy Daniels signed a confidentiality agreement that prohibited her from discussing her alleged affair with Donald Trump. Or his business. Or his children. Or his “alleged children.”

Under the agreement, Daniels couldn’t even keep a copy of the agreement. The penalty for defying these constraints? One million dollars each time.

That was then.

Now, the porn star is trying to rewrite the script. She hired an aggressive new lawyer, Michael Avenatti, who won a $454 million medical fraud verdict last year, the largest in the state of California in 2017. She took the president of the United States to court, declaring that the “hush agreement” under which she was paid $130,000 is void because it lacks Trump’s signature.

Adult film actress Stormy Daniels arrives for the 49th Annual Grammy Awards in Los Angeles on Feb. 11, 2007. Stormy Daniels, whose real name is Stephanie Clifford, is suing President Trump and wants a California judge to invalidate a nondisclosure agreement she signed weeks before the 2016 presidential election. (Matt Sayles/AP)

Possibly in defiance of a secret gag order, Daniels on Thursday gave a yet-to-be-aired interview to CBS News’s “60 Minutes.” She spoke with a reporter for a story published by Rolling Stone on Friday under a headline calling her “the Hero America Needs.” She’s lately been sassy on Twitter, mocking critics and correcting their misspellings.

With each new headline, her marketability surges.

“Look how Stormy is controlling the narrative now,” said Karen Tynan, a lawyer based in the San Francisco area with clients in the porn industry. “The allegedly most powerful man in the world is dancing to the tune played by Stormy.”

Those who know Daniels, 38, say they aren’t surprised. She is viewed as ambitious and resilient in the porn industry, where she rose from actress to director of dozens of films. In 2016, she won industry awards for “Wanted,” a three-hour western that she wrote, directed and starred in.

“She did a lot of things that most porn stars don’t do,” said Kevin Blatt, a broker of celebrity sex tapes. “They don’t graduate to that point of directing and taking control of their own careers. They’re usually manipulated and exploited, chewed up and spit out.”

Daniels herself described her role in the porn world last week in a podcast hosted by erotic photographer Holly Randall. “I’ve written and directed all of my own movies for the last 10 years because I am a control freak,” Daniels said. “Or is it because, if you want something done right, you do it yourself? Or is it because I wanted to get paid double for the day? The correct answer is ‘D,’ all of the above.”

That assertiveness contrasts with the silence that was required of Daniels in the deal she was negotiating in late 2016 with Trump’s attorney, Michael Cohen.

“She was kind of in a predicament,” said Slate editor Jacob Weisberg, who spoke with her during that time. “There was a deal being worked out in which she could get money, which she wanted, but it wasn’t working out as she expected, and she didn’t know who to trust or what to do.”

What she decided to do, days before the 2016 election, was take the deal.

Cohen said Friday that the funds for the $130,000 payment came from his own home equity line of credit, a claim first reported by ABC News. Mortgage records show Cohen opened a line of credit for up to $500,000 in February 2016 on his Manhattan condo.

The agreement names four people Daniels said she had told about the alleged affair: representative Gina Rodriguez, friend Keith Munyan, ex-husband Mike Mosney and porn actress Angel Ryan. Ryan, who goes by the stage name Jessica Drake, accused Trump before the election of forcibly kissing her and two friends a decade earlier, during the same Lake Tahoe golf tournament where he met Daniels.

Trump has denied misconduct with women, and his campaign called Drake’s allegations “totally false and ridiculous.”

The deal remained secret for more than a year. It leaked on Jan. 12, in a story published by the Wall Street Journal.

Soon, Daniels was speaking out, though coyly at first.

“You can’t say whether you have a nondisclosure agreement,” observed late-night talk show host Jimmy Kimmel during a Jan. 30 interview in which Daniels gave up little information. “But if you didn’t have a nondisclosure agreement, you most certainly could say, ‘I don’t have a nondisclosure agreement,’ yes?” he asked.

“You’re so smart, Jimmy!” Daniels responded.

The agreement calls for binding and confidential arbitration in the event of a dispute. (Despite its language, there has been no credible claim of Trump fathering children beyond the five he is known to have.)

On Feb. 27, Cohen enacted that provision. Within hours, the arbitrator issued a temporary restraining order barring Daniels from talking about the deal, catching her by surprise, Avenatti said.

On Tuesday, Daniels forced the matter fully into the public domain with the lawsuit she and Avenatti filed in Los Angeles Superior Court. Though she has never suggested her relationship with Trump was anything other than consensual, the lawsuit links Daniels to the parade of women who accused him of sexual misconduct in the weeks before the 2016 election, motivated to speak out by revelations that he once bragged about groping women.

“Mr. Cohen is proceeding in a private arbitration hidden from public view in an effort to further hide from the public the true circumstances of what happened,” Avenatti said in an interview.

Cohen said in January that Trump denied having had an affair with Daniels. He later acknowledged facilitating the payment. On Friday, citing language in the contract, he said Trump’s signature was not required.

“I believe Mr. Avenatti’s actions and behavior has been both reckless and imprudent as it opens Ms. Clifford to substantial monetary liability, which I intend to pursue,” Cohen said Friday, using Daniels’s given name. “I question whether Mr. Avenatti has weighed his desire for 15 minutes of fame versus his client’s welfare. Time will ultimately prove that I am right.”

Avenatti has become a brash spokesman for Daniels, slinging rapid-fire broadsides in a media blitz that entered its third day on Friday. His website touts his media savvy, saying “most lawyers falter and under-utilize” connections with the press.

The arguments he advances play into the new awareness, heightened by the #MeToo movement, of the ways powerful men have exploited women for decades. Increasingly, nondisclosure agreements and confidential arbitration have kept these matters private long after they are settled.

In the tense back-and-forth with Cohen before the election, Daniels was represented by Keith Davidson, a Los Angeles lawyer who built a business around celebrity news — often by brokering deals to keep it out of the public eye. He represented the ex-girlfriend of actor Verne Troyer, best known for playing Mini-Me in the Austin Powers movie series, in a lawsuit over a leaked sex tape. Another client was a woman who had been fired from the Betty Ford Clinic for disclosing confidential information about actress Lindsay Lohan.

In recent weeks, as scrutiny of her alleged relationship with Trump increased, Daniels hired Avenatti, a lawyer whose practice has included cases including wrongful death, negligence and complex class-action lawsuits.

“I retained Michael because I needed a top notch attorney with a proven track record who would listen and put my interests first; who is fearless, really smart, articulate and knows how to deal with the media,” Daniels said in a statement provided by Avenatti. “He has proven to be all of these things.”

It’s not the first time Avenatti has sued Trump: He was on the legal team that in 2005 represented Mark Bethea, who accused Trump and television producer Mark Burnett of stealing his idea for the reality show that became “The Apprentice.” The case was settled the following year on terms that were not disclosed.

Last year, Avenatti won the $454 million judgment against multinational paper company Kimberly-Clark and medical manufacturer Halyard Health over the companies’ claims that their surgical gowns were impermeable to serious diseases, such as Ebola and HIV.

“Michael is a very tenacious lawyer,” said Bruce Broillet, a Santa Monica-based lawyer who has worked closely with Avenatti, noting that he graduated first in his law school class at George Washington University.

The highly visible approach taken by Avenatti and Daniels has caused her popularity to surge.

Each time Daniels has been in the news for her alleged affair with Trump — when she appeared on Kimmel’s show, when Cohen admitted arranging the $130,000 payment, and most recently when she sued the president — searches for her name on Pornhub.com have spiked, according to an analysis by the site.

After the story about the payment broke, searches for her name skyrocketed from a daily average of 2,500 to more than 2 million searches in five days.

Her fee for appearing at a Las Vegas strip club called Little Darlings in late January was unusually high, said manager Ron Nady, though he would not disclose it. “She was the hottest thing on the planet,” he said.

Daniels is from Louisiana, where she once explored a run for U.S. Senate. She lives near Dallas with her husband and their 7-year-old daughter, who is aware her mother makes movies that are not for children.

Daniels is also a serious equestrian, said Packy McGaughan, a Maryland-based horse trainer who first met her at a 2016 equestrian event, one that included Olympic riders. The porn star’s presence can be a distraction when he is teaching children and their parents spot her, McGaughan acknowledged.

“The mothers ask, ‘Is that Stormy Daniels? Errr, um.’ ” he said. “And the fathers go, ‘Oooh.’ ”

McGaughan said he doesn’t think Daniels will shy away from controversy. “This is an extreme sport,” he said. “You have to be a risk taker in all aspect of your life. That’s her personality.”

Daniels’s determination has become a point of pride among sex workers and others in the industry who are tackling issues such as human trafficking and who have long felt marginalized.

“We’ve never had a run-in with the president,” said Brian Gross, a publicist who has clients in the porn industry. “Nothing like this.”

As recently as this past week, White House press secretary Sarah Huckabee Sanders dismissed the notion that Trump had approved a payment to Daniels. “None of these allegations are true,” she said.

In the recent podcast interview, Daniels said she was looking forward to sharing her story on her terms.

“Eventually, hopefully I’ll be able to tell my side,” she said. “Not for any sort of gain other than I want to be able to defend myself. That’s the worst part, is that at this moment I can’t defend myself.

“It’s incredibly frustrating,” she added, “especially for somebody like me, who has no problem usually defending herself.”

The host, Randall, interjected: “Yes, you aren’t somebody to keep your mouth shut.”

Daniels: “My name is Stormy for a reason!”

Alice Crites and Tom Hamburger contributed to this report.

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

https://www.rollingstone.com/culture/features/one-night-with-stormy-daniels-the-hero-america-needs-w517692

Meanwhile, over at Rolling Stone, in an article cited by the “Post three” reporters,  writes:

. . . .

Needless to say, I was intrigued. She seemed funny and quick, but also thick-skinned and refreshingly playful in response to my light Internet derision. I asked if she’d be up for an interview, DM’d her my phone number. A few days later I got a call from “No Caller ID.”

“Hello?” I said, hesitantly.

“You shouldn’t answer calls from blocked numbers,” a female voice said. I stayed silent. “This is Stormy,” she said.

“Oh,” I said. “I thought you were my ex-girlfriend.”

“Not yet!” Daniels chirped.

We arranged to meet in Houston a few days later, when her tour passed through town.

. . . .

Watching Daniels that night in full command of the crowd, titillating strangers for cash and flirting with her fans like a pro, I think of how she’s portrayed as a dumb bimbo in the SNL parody, in which Cecily Strong says that in 2018 Stormy Daniels is the hero America deserves. Whether that’s true or not, in 2018 Stormy Daniels may be the hero America needs.

A decade and a half working in porn imbues a person with an unusual frankness, a kind of extreme authenticity. A successful porn star with a career like Daniels’ must be comfortable in her own skin and with other people’s bodies, including the weird-looking parts (penises and vaginas, anuses and perinea), and with the various kinds of discharge the human body produces – all things the rest of us would rather stop thinking about when the erotic moment has passed and we put our clothes back on. Porn stars also have to be comfortable dwelling in the contradictions of porn: in fans’ fantasies, but also in the mundane world of bills, groceries, hobbies and, in Daniels’ case, being a mom; in exposing the most intimate parts of themselves doing one of the most intimate things humans do, while maintaining a life as an authentic person who feels passion and love. Maybe what America needs most in 2018, as we stew in rage, simultaneously enthralled, bewildered and revolted by ourselves, is a porn star to help us take a long, uncompromising, compassionate look at our country and culture, gross parts and all.

. . .

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

I’ve said all along that Daniels is smarter, shrewder, more decent, more down to earth, and just a better all-around person than our “Con-Man-In-Chief.” And, there’s certainly nothing in these two articles that would prove otherwise. Yeah, she’s a Republican. But, a kinder, gentler, more compassionate one than the Trumpster and his nasty followers. It also looks like Daniels might have more skill and judgement in hiring lawyers than Trump.

PWS

03-12-18

 

 

E.J. DIONNE, JR. @ WASHPOST — TRUMP/GOP ATTACK ON PUBLIC SERVICE COULD CRIPPLE US FOR GENERATIONS! — JFK Challenged The “Best & The Brightest” To Ask “What You Can Do For Your Country!” — Trump Surrounds Himself With Kleptocrat Grifters Trying To Loot, Destroy, & Misuse Power To Enrich Selves & Cronies While Punishing “Enemies” (The Rest Of Us)!

https://www.washingtonpost.com/opinions/were-witnessing-a-war-on-public-life-this-is-the-cost/2018/03/04/ddc94790-1e5f-11e8-9de1-147dd2df3829_story.html

“We didn’t fully realize just how hard it is to be president until we had one with no idea of what it takes to do the job.

We didn’t appreciate having a government that was relatively honest and free of venality until we had one riddled with corruption.

And we didn’t know how wildly irresponsible Republican criticisms of Barack Obama and Hillary Clinton were until the GOP fell silent in the face of abuse after abuse from President Trump. Obama was “not presidential” for wearing a tan suit? Benghazi? Really? Let’s start there. When the current administration finally reaches the end of the line, we will need some serious rethinking about how to grapple with the asymmetry in the behavior of our two parties. Republicans — and particularly the party’s dominant right wing in the House of Representatives — have kicked away a lot of credibility in a very short time.

Reports that Republicans on the House Intelligence Committee leaked private text messages between Sen. Mark R. Warner (D-Va.) and a Russia-connected lawyer to Fox News offered a prime example of their partisanship-above-everything attitude. Let’s not have amnesia a few months or a few years from now about how political warfare took priority over the nation’s security or how double standards became the rule for a large part of the GOP. To their credit, Warner’s Republican colleagues on the Senate Intelligence Committee were outraged over the behavior of their House counterparts whose primary interest is in protecting Trump and disrupting any serious investigation of Russian collusion. Warner had disclosed the contact to his colleagues months before, and Sen. Marco Rubio (R-Fla.) had said it had “zero impact on our work.”

Both Warner and Senate Intelligence Chairman Richard Burr (R-N.C.) complained to House Speaker Paul D. Ryan (R-Wis.) about the irresponsibility of their House counterparts, led by Rep. Devin Nunes (R-Calif). Ryan said he did not run the committee, thus pushing away an obligation to act. Imagine that: A House speaker who uses all of his prerogatives to push through his own priorities claims utter powerlessness in the face of a runaway committee chairman.

Good for Burr and Rubio, and may more Republicans stand against the madness.

The larger lesson from this shameful interlude is about what self-government demands. Aspects of governing we regard as boring and pay little attention to are important to making it function well.

For the past week or so, an avalanche of commentary about the chaos of the Trump regime has pointed to how key appointees are rushing toward the exits; how Trump springs new policies with little preparation and changes his views news cycle to news cycle; how ill-prepared Trump and many of his aides were for the rigors of the White House; and how recklessly they cast aside norms and rules aimed at preventing conflicts of interest and sleaze.

How did we get a government of this sort? For decades, our country has been witness to a war on public life. Legitimate dissatisfaction with government has turned into contempt for government itself and a denial of the indispensability of politics.

We value expertise from our doctors, nurses, engineers and scientists. But when it comes to government, there is a popular assumption that those who spend their lives mastering the arts of administration, politics and policymaking must be up to no good. This inclination, by the way, is prevalent in other democracies, too.

It is an attitude that leads voters to mistake inexperience for purity and outsider status (often, as in Trump’s case, a feigned outsiderism) for an exceptional understanding of the people’s wishes.

It has turned the word “politician” into an epithet, even though most of our best presidents (Abraham Lincoln and Franklin D. Roosevelt especially) have been politicians through and through. The cliched and supposedly high-minded distinction between “a politician” and “a statesman” was always wrong. It’s coming back to haunt us.

And viewing our civil servants as mere timeserving “bureaucrats” fails to appreciate the contributions they make and the extent to which our government, in comparison with so many others, has been remarkably light on corruption.

The danger is that we will suffer all the costs the Trump era imposes without learning any of the lessons it teaches.

Yes, democracy can be frustrating. Our leaders have made big mistakes. Power and wealth are concentrated into too few hands. But repairing our problems requires citizens willing to engage in public life, not shun it, and people in government who respect the work they are asked to undertake.”

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

Yeah, Trump & Co. have “poisoned the well” for public service. His approach is pretty much that of the Third World strongmen and dictators that those of us who heard asylum cases for decades listened to every day.

Weasel your way into office with lies; appoint your family and friends to high positions; loot the country while aimlessly building up the military, more to keep domestic enemies in line than to combat any realistic international threat; ignore international institutions and treaties; compromise elections; denigrate opposition; focus on your own personality to the exclusion of the common good; and work every day to redistribute wealth upward to the narrow ruling class to perpetuate your own power. Trump apparently aspires to be the “American Robert Mugabe.”

PWS

03-05-18

WASHPOST: ANOTHER DAY, ANOTHER ACT OF WANTON CRUELTY BY NIELSEN’S DHS — “Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that.”

https://www.washingtonpost.com/opinions/gratuitous-cruelty-by-homeland-security-separating-a-7-year-old-from-her-mother/2018/03/04/98fae4f0-1bff-11e8-ae5a-16e60e4605f3_story.html

Gratuitous cruelty by Homeland Security: Separating a 7-year-old from her mother

Homeland Security Secretary Kirstjen Nielsen in the White House on March 1. (Mandel Ngan/AFP/Getty Images)
By Editorial Board March 4 at 7:11 PM
WHAT, EXACTLY, did a 7-year-old Congolese girl do to the United States to deserve the trauma that has been visited upon her — including forcible separation from her mother — by Homeland Security Secretary Kirstjen Nielsen and her immigration agents?

There is no allegation that the little girl, known in court filings only as S.S., is a terrorist, nor is there any suggestion her mother is one. Neither was involved with smuggling, nor contraband, nor lawbreaking of any other variety. Rather, S.S.’s 39-year-old mother presented herself and her daughter to U.S. officials when they crossed the border from Mexico four months ago, explaining they had fled extreme violence in Congo, and requesting asylum.

A U.S. asylum officer interviewed Ms. L, as the mother is called in a lawsuit filed on her behalf by the American Civil Liberties Union, determined that she had a credible fear of harm if she were returned to Congo and stood a decent chance of ultimately being granted asylum. Despite that preliminary finding, officials decided that the right thing to do was to wrench S.S. from her mother, whereupon the mother “could hear her daughter in the next room frantically screaming that she wanted to remain with her mother,” the lawsuit states.

The Trump administration has said that it is considering separating parents from their children as a means of deterring other families, most of them Central American, from undertaking the perilous trip necessary to reach the United States and seek asylum. Now, without any formal announcement, that cruel practice, ruled out by previous administrations, has become increasingly common, immigrant advocacy groups say. In the nine months preceding February, government agents separated children from their parents 53 times, according to data compiled by the Lutheran Immigration and Refugee Service.

Make no mistake: Ms. L and S.S. could have been placed together in a family detention center. There has been no explanation of why the determination was made to separate them; nor is there any allegation that Ms. L. is an unfit parent. The only principle at work, if it can be called that, is the idea that future asylum seekers might be deterred if they are convinced that the United States is actually a crueler and more heartless place than their native country.

Gratuitous malice toward children is not a characteristic one generally associates with the United States, but under Ms. Nielsen’s guidance, the Department of Homeland Security seems intent on changing that. A Homeland Security spokesman would not comment on this case but said that the department does not “currently” have a policy regarding separating asylum-seeking parents and children who are detained.

Separating children from their parents while they await adjudication of asylum claims is of a piece with arresting and deporting upstanding, otherwise law-abiding unauthorized immigrants who have lived and worked for decades in the United States and are the parents of U.S.-born children. That practice, too, carried out by Homeland Security deportation agents, has become far more common under the Trump administration.

Since being torn away in early November, S.S., who is being held at a facility in Chicago, has been permitted to speak with her mother, who is in a detention center in San Diego, just half a dozen times by phone. The girl, who turned 7 in December, routinely cries on the phone, according to the ACLU lawsuit. Is this the kind of protection Americans want from their Department of Homeland Security?

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

It’s almost (but not quite) unfair to blame Nielsen for this garbage. After all, she was selected for the DHS position precisely because she is a gutless intellectual lightweight who will just do the foul bidding of Trump, Sessions, Kelly, and Miller no questions asked and no resistance tolerated. That’s what “government by sycophants” is all about.

In the meantime, the New Due Process Army and the rest of us who still believe in our Constitution and humane values have to redouble our resistance to the evil of the Trumpsters and their allies. In the end, it’s a fight for the heart and soul of America as nation!

PWS

03-05-18

 

LIAR-IN-CHIEF GETS FOUR (4) PINOCCHIOS FOR TOTALLY BOGUS CLAIMS ABOUT THE “VISA LOTTERY!”🤥🤥🤥🤥

https://www.washingtonpost.com/news/fact-checker/wp/2018/02/26/president-trumps-consistent-misrepresentation-of-how-the-diversity-visa-lottery-works/?utm_term=.ef79ebd959db

Glenn Kessler for the Washington Post’s “Fact Checker:

“Think of the lottery. You have a country, they put names in. You think they’re giving us their good people? Not too many of you people are going to be in a lottery. So we pick out people, then they turn out to be horrendous and we don’t understand why. They’re not giving us their best people, folks. They’re not giving us — I mean, use your heads. They’re giving us — it’s a lottery. I don’t want people coming into this country with a lottery. I want people coming into this country based on merit, based on merit.”
— President Trump, in remarks at the Conservative Political Action Conference, Feb. 23, 2018

“We need something to do with chain migration and something to do with visa lottery. I mean we actually have lottery systems where you go to countries and they do lotteries for who comes into the United States. Now, you know they are not going to have their best people in the lottery, because they’re not going to put their best people in a lottery. They don’t want to have their good people to leave. . . . We want people based on merit. Not based on the fact they are thrown into a bin and many of those people are not the people you want in the country, believe me.”
— Trump, remarks during an interview with Jeanine Pirro of Fox News, Feb. 24 

We have repeatedly covered the president’s inaccurate description of the diversity visa lottery system as part of speech roundups and in our database of Trump’s false and misleading claims. At last count, he has made at least 16 inaccurate claims about the diversity visa lottery, though we are still trying to catch up with all of his remarks in February.

We often toss obviously false claims in the database, deeming them not worthy of a fact check, only to find ourselves months later writing a full fact check because the president continues to make his claim, unabashed by the number of times he has been declared wrong. One of our colleagues, rereading the president’s speech to CPAC, noted: “His absolute refusal to understand what the visa lottery is remains amazing.”

Then we saw Trump’s interview with Pirro. Oh my. So here’s the full story, written in the hope the president will read it and perhaps learn something.

The Facts

The Diversity Immigrant Visa Program, as the program is officially called, originally was designed to help the Irish.

In 1965, President Lyndon B. Johnson signed the Immigration and Nationality Act of 1965. It was aimed at reuniting families, so applicants who had immediate family living in the United States — children, spouses, siblings, parents — were given priority. This, however, had some unforeseen consequences.  Immigrants from Latin American and Asian countries had come to the United States more recently, and they often had immediate family overseas who were prioritized under the new program. Many Europeans, by contrast, had been in the country for decades, so they had fewer close relatives remaining overseas.

The change in immigration policy hit the Irish particularly hard.

Unlike other European countries, Ireland faced political instability and an economic crisis in the second half of the 20th century. Before 1965, it had been relatively simple for the Irish to immigrate. By the 1980s, as a result, tens of thousands of Irish immigrants came to the United States as tourists or students and overstayed their visas.

In 1990, lawmakers, led by then-Rep. Charles E. Schumer (D-N.Y.), pressed for passage of a bill that proposed making a set number of visas available each year to “diversity immigrants” from “low-admission” countries. Despite being couched as a “diversity” action, it was openly pitched as a way to aid the Irish. President George H.W. Bush signed it into law in 1990 as part of a broader immigration package.

Today, under the visa lottery system, a computer program managed by a State Department office in Williamsburg, Ky., randomly selects up to 50,000 immigrant visas a year — from nearly 15 million who applied in 2017 — from countries with low rates of immigration to the United States. Thus people from about 20 countries such as Brazil, Canada, China, the Dominican Republic, El Salvador, Haiti, India, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, the United Kingdom (except North Ireland) and Vietnam are out of luck because more than 50,000 people from these countries had been admitted during the last five years. The visas are apportioned among six geographic regions, with a maximum of 7 percent available to persons born in any single country.

So, essentially, the odds of being selected are under 1 percent — and what that gets you initially is an invitation to apply for a green card. (In 2017, the State Department notified nearly 116,000 that they could apply, but the program ends once 50,000 are accepted. Each person selected gets a number on the list, so people in the bottom half have increasingly less chance of winning a visa.)

Individuals who apply must have at least a high school diploma (or its equivalent) or two years’ work experience of a type specified by the State Department to be eligible for the program. The selected applicants undergo a background check, interview and medical tests before entering the country, and some applicants undergo an additional in-depth review if they are considered a possible security risk — after which, selected applicants can be deemed ineligible for a visa.

Now let’s look back at Trump’s recent remarks and see what he apparently fails to understand:

  • “You have a country, they put names in.” Nope, no country submits the names of people for the diversity visa lottery; people who apply are self-selected.
  • “We actually have lottery systems where you go to countries and they do lotteries for who comes into the United States.” Wrong again. The foreign countries do not run their own lottery systems. The United States randomly selects from the millions of people who apply. As noted, a State Department office located in Kentucky, with a workforce of 400 people, manages the process. The Kentucky office receives and processes lottery entries, selects winners, processes winners’ visa applications, and schedules applicant interviews at missions abroad.
  • “They’re not going to put their best people in a lottery. They don’t want to have their good people to leave.”Again, the selection of applicants is not done by other countries. Moreover, the odds of success are so low that even if another country decided who could apply, there would be a less than 1 percent chance of success in getting rid of such people.

Indeed, far from being losers, there is evidence that many of those who immigrate through the program are better educated than the minimum criteria would suggest. A study by the Migration Policy Institute, using Census Bureau data for 19 countries with high rates of diversity visas, found that among recent immigrants ages 25 and older, “50 percent had a bachelor’s degree or higher (compared to 32 percent of the overall U.S. population in 2016), 16 percent reported some college education, and 12 percent had less than a high school diploma.”

Asked for an explanation of the president’s comments, a White House official did not address the substance of the question but pointed to two reports.

  • In 2004, the State Department’s deputy inspector general warned that the visa lottery “contains significant threats to national security as hostile intelligence officers, criminals, and terrorists attempt to use it to enter the United States as permanent residents.” This refers to congressional testimony by Anne W. Patterson, who recommended that applications not be accepted from countries listed by State as sponsoring terrorism; that recommendation was not acted on. In the same testimony, Patterson lauded the Kentucky office managing the program and its efforts to root out fraud.
  • Also in 2004, the House Judiciary Committee noted that “there are few restrictions on the countries from which applicants may come. . . . Second, under the program, successful applicants are chosen at random. . . . Because diversity visa winners do not necessarily have such ties, the program could offer an opportunity for individuals or groups who want to harm the United States, its institutions, and its people to place terrorists in the United States.”

The official added that “the point is that they are not admitted on the basis of skill or merit. The educational requirements are virtually nonexistent — a high school education or two years of work experience that requires two years of training. That’s not admitting someone with any regard for skill or merit or their ability to contribute.”

2007 report from the Government Accountability Office did point to substantial fraud risks within the program and proposed using data to mitigate these risks. However, the State Department at the time disagreed with the report’s findings, saying it already had managed those risks. The same report noted that there could be ‘‘difficulty in verifying identities,” which could have “security-based implications because State’s security checks rely heavily on name-based databases,” something a 2011 report from the House Judiciary Committee suggests could be a national security weakness.

The Fact Checker obviously takes no position on the diversity visa program. In addition to possible national-security issues, fraud continues to be a problem, such as some visa winners selling part of their visa to someone who pretends to be their spouse for the purposes of immigrating to the United States.

The Pinocchio Test

The president clearly dislikes the diversity visa program. Perhaps it has outlived its original purpose. But that’s no excuse for him to consistently misrepresent how it works.

Contrary to his repeated claims, countries do not select the applicants and do not run the lottery. Instead, nearly 15 million people from countries with low immigration to the United States apply annually for the slim chance to win an invitation to apply for a green card.

A State Department office in Kentucky manages the lottery. It’s located in a pleasant part of the state, near Daniel Boone National Forest, in the heart of Trump country. Perhaps the president should visit it one day and find out how the program really operates.

Four Pinocchios

 

********************************************
In this shameless Administration, led by a congenital liar, truth, particularly about immigration issues, has ceased to have meaning. That’s why those of us who know and believe in truth must work overtime to set the record straight and, eventually, to remove these abusers of power, elected by a minority of American voters, from public office.
PWS
03-04-18

OUT OF SIGHT, OUT OF MIND: It Didn’t Take This GOP Controlled Congress Long To Forget About Saving The “Dreamers!”

https://www.washingtonpost.com/powerpost/with-no-more-deadline-congress-has-stopped-talking-about-immigration/2018/03/01/12d66ad6-1c9d-11e8-b2d9-08e748f892c0_story.html

Paul Kane reports for the Washington Post:

“Take away a deadline, and Congress will simply lose its focus on any issue — even the heated debate around immigration.

At Tuesday morning’s House Republican briefing, just one of the five GOP leaders made a reference to the issue, and it was a passing one — a proposal meant mostly to placate conservatives, not a real solution that could get signed into law.

Across the Capitol, a few hours later, Senate Majority Leader Mitch McConnell (R-Ky.) and four senior Republicans did their weekly briefing. Topics ranged from gun background checks to the Winter Olympics. There was no immigration talk at all.

The four Senate Democrats who followed McConnell also made no mention of the looming Monday deadline to resolve the fate of 800,000 undocumented immigrants who have been shielded from the threat of deportation under an expiring executive order.

It’s understandable that most of the attention has shifted toward the fallout of the Valentine’s Day massacre of 17 students and faculty at a Florida high school, with the media intensely focused on gun laws and school violence.

Capitol Police remove a banner as members of the Catholic community and supporters of DACA recipients are arrested during a protest on Capitol Hill this week. (Saul Loeb/AFP/Getty Images)

All but one of the 17 questions fielded by House Speaker Paul D. Ryan (R-Wis.) and Senate Minority Leader Charles E. Schumer (D-N.Y.), at their separate press briefings, related in some way to the Parkland, Fla., shootings. The lone outlier focused on the memorial service for the Rev. Billy Graham.

This was supposed to be the week when Congress would force itself to resolve the dispute over the Obama administration’s Deferred Action for Childhood Arrivals (DACA) executive order, which President Trump announced in September he would revoke on March 5, giving Congress a six-month window to resolve the issue.

It was, in some ways, a masterful idea by the Trump West Wing, living up to his tough talk on immigration during the presidential campaign in 2016 but also foisting the issue into the laps of lawmakers.

But now, amid legislative and judicial gridlock, lawmakers and the media have moved on to other topics. First, the Senate failed two weeks ago to approve any compromise. Then, the Supreme Court declared it would not wade into the legal challenges to the DACA program until it plays out in lower federal court rulings — a legal process with no obvious end date in sight.

“We would be well advised to continue our work on it, but it seems to me that a lot of the air is out of the balloon here in the Capitol, and people don’t sense its urgency,” said Sen. John Cornyn (Tex.), the Republican whip who had been leading bipartisan talks.

Cornyn’s lead negotiating partner, Sen. Richard J. Durbin (Ill.), the Democratic whip, has declared helping the “dreamers,” as the undocumented immigrants who were brought here as children are known, an urgent, moral mandate. But even he understands why the issue has fallen off the radar.

Senate Majority Leader Mitch McConnell (R-Ky.) flanked by Sen. John Thune (R-S.D.), left, and Senate Majority Whip John Cornyn (R-Tex.), speaks with reporters this week about school safety measures in response to the Parkland, Fla., massacre that left 17 dead. The Republicans made no mention of immigration reform. (J. Scott Applewhite/AP)

“Along comes this tragedy, in the high school in Parkland, Florida, and the response of the young people and the national response of the subject, it blows away all other conversations about DACA and the Dream Act, North Korean nuclear threats,” Durbin said.

He and Cornyn have not held any serious immigration talks in weeks, he said — and he added that the same is true for a separate bipartisan group of centrist senators. And none are on tap.

“We talk but at this point we don’t have a plan,” he said.

Just like that, in the span of a few days — Senate gridlock, a madman’s bullets killing children and a judicial ruling — and the issue that consumed Washington for most of December, January and February is no longer worth a mention at a leadership news conference.

That’s not to say the issue has subsided from the political debate. Activists are trying to keep the pressure on Trump and Congress, with a rally planned for Sunday in Washington to draw attention to Monday’s DACA deadline that is set to pass without much fanfare.

In southwestern Pennsylvania, Republicans are furiously trying to stave off an embarrassing loss in a special election to fill a vacant House seat. The district tilted toward Trump by nearly 20 percentage points in 2016, a year in which Democrats did not even field a candidate against the longtime Republican incumbent, Tim Murphy, who resigned amid a scandal late last year.

Now, to halt the momentum for Democrat Conor Lamb, a GOP super PAC called the Congressional Leadership Fund has unleashed a new adthat ties Lamb to House Minority Leader Nancy Pelosi (D-Calif.) and her hometown San Francisco’s status as a “sanctuary city” for people in the country illegally.

“Conor Lamb wants to help Nancy Pelosi give amnesty to millions of illegal immigrants,” the narrator says. “Sanctuary cities and amnesty for illegals. Conor Lamb is a Pelosi liberal.”

Lamb, 33, a former assistant U.S. attorney, does support a path to citizenship for DACA recipients, but he has stated that he will not vote for Pelosi as speaker. That position was highlighted in a new ad he is running that calls for new leadership in both parties.

Clearly, Republicans believe the issue still has resonance with their conservative base voters, especially if it is mixed in with images of Pelosi. And Lamb seems to be aware of the threat.

But Republicans could face their own political dilemma if the federal courts rule that DACA was illegal, which would effectively reinstate Trump’s order and revoke protections from those 800,000 people. Deportations could begin quickly.

“I don’t believe that Senator McConnell and the Republicans want to see too many people deported out of Nevada and Arizona in the weeks and months ahead,” Durbin said.

He named two southwestern states with large dreamer populations where Republicans are trying to defend two Senate seats that could flip control of the Senate in the November midterm elections.

Republicans are well aware of the potential for a court ruling at any time.

“I’ve been working in and around courts long enough to know things can turn on a dime,” said Cornyn, who served as Texas attorney general, and on the state Supreme Court, before winning his Senate seat 15 years ago.

That said, Cornyn remains less than optimistic about congressional action until that court order arrives and forces action. Stating the obvious, he said: “We don’t do things around here unless there is a deadline.”

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

Given the ugliness surrounding the farcical “debate” about Dreamers in the Senate and pressure exerted by the White Nationalists/Bakuninists in the House, perhaps it’s just as well that Dreamers are “forgotten” for now.

My prediction: It will take “regime change” — however long that might take — to solve the “Dreamers’ dilemma” on a long-term basis. In the meantime, I think that their status and fate will be tied up in the courts for a long, long time — wasteful, but an unfortunate fact of life when we have “Gonzo Government” elected by a minority of voters.

PWS

03-02-18

 

FROM DEPUTY SECRETARY, TO ACTING SECRETARY, TO “HALL WALKER,” TO RETIREMENT – The Strange, Quick, Unhappy Odyssey Of Elaine Duke Through The Upper Level Of The Trump DHS!

https://www.washingtonpost.com/world/national-security/top-homeland-security-official-who-clashed-with-white-house-over-immigration-policy-to-step-down/2018/02/23/c3659d66-18e4-11e8-942d-16a950029788_story.html

Nick Miroff reports for the Washington Post:

“Elaine Duke, the second-highest-ranking official at the Department of Homeland Security, announced Friday that she will step down after serving less than a year in the job.

A longtime Homeland Security official who ran the agency as acting secretary for more than four months last year, Duke, now deputy secretary, is a well-regarded figure at DHS and viewed as one of its most experienced managers. But Duke was largely sidelined after Secretary Kirstjen Nielsen took over in December and given a portfolio described as “embarrassingly light,” according to people familiar with the matter.

In a brief statement, Nielsen said Duke would “retire from government service in April,” having “selflessly served the federal government for three decades.”

Duke worked as a top-ranking DHS official under President George W. Bush, and was recruited back to the agency by then-Secretary John F. Kelly. Duke was confirmed by the Senate last April.

When Kelly moved to the White House to be chief of staff a few months later, Duke became acting DHS secretary. She filled the top role for more than four months, the longest tenure of any DHS leader serving in an temporary capacity.

“She ended up taking over for Kelly during a tumultuous time at DHS — with three hurricanes, and having to navigate complicated waters on immigration,” said James Norton, a former DHS official who worked with Duke during the Bush administration.

Norton called her departure “a real loss for our country.”

After Hurricane Maria devastated Puerto Rico, Duke was heavily criticized for saying the government’s response should be viewed as “a good news story.” White House officials generally credited her with successful management of the crisis.

But Duke’s standing in the administration tumbled in November when she refused to expel some 57,000 Hondurans living in the United States for nearly two decades with a form of provisional residency known as temporary protected status.

The White House wanted Duke to cancel the Hondurans’ TPS permits, and Kelly called Duke to pressure her, officials said at the time. The episode upset Duke, and she told people close to her that she planned to quit, but DHS released a statement from Duke denying it.

“Upon confirmation of Kirstjen Nielsen as the next Secretary of Homeland Security, I look forward to continuing our important work as the Deputy Secretary of Homeland Security,” the statement said. “I have no plans to go anywhere and reports to the contrary are untrue.”

Duke is the second high-ranking DHS official to step down in recent weeks. James D. Nealon left his job as assistant secretary for international engagement in DHS’s Office of Strategy, Policy, and Plans earlier this month. Nealon, a former U.S. ambassador to Honduras, had reportedly also clashed with the White House over immigration policy.”

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

As I had basically predicted, Dukie was “toast” the minute she showed some intellectual independence, professionalism, and integrity. She didn’t just “go along to get along” as Trumpie expects from his flunkies.

She was immediately replaced with Secretary Kirstjen Nielsen. Nielsen quickly established herself as an primo intellectual lightweight, super sycophant, John Kelly suck up, and moral coward — in other words, exactly what Trumpie wants from his Cabinet Toadies.

What is a “Hall Walker?

In the cherished traditions of the bureaucracy a “hall walker” is defined as:

A senior career civil servant who gets on the wrong side of the political powers to be and consequently is “reassigned” to a position with a grand title, big office, and no meaningful duties.

The idea is to persuade the “hall walker” to look for “alternative employment” or at least to retire as soon as eligible. It’s actually a sophisticated form of bureaucratic torture. The hall walker is at once 1) neutered, 2) humiliated, and  3) co-opted, while 4) serving as an example to other senior career bureaucrats who might not “be with the program.”

Dukie is well rid of the Trump Administration and the DHS. She seems like a talented person who will have a productive, and likely much more lucrative, life after bureaucracy. And she won’t be tarnished by her brief association with the Trumpsters as others who do this Administration’s dirty work for them eventually will be (quite rightfully).

PWS

02-24-18

 

 

 

DESTROYING AMERICA, ONE PRECIOUS, TALENTED LIFE AT A TIME — “Can something that irrational happen in America?” — In The Trump/Sessions/Miller White Nationalist Regime? — You Betcha!

https://www.washingtonpost.com/local/immigration/with-three-months-left-in-medical-school-her-career-may-be-slipping-away/2018/02/22/24a7a780-10f3-11e8-9570-29c9830535e5_story.html?hpid=hp_rhp-top-table-main_dacadoctors-830pm%3Ahomepage%2Fstory&utm_term=.ed15d711fa8f

Maria Sacchetti reports for the Washington Post:

MAYWOOD, Ill. — Rosa Aramburo sailed into her final year of medical school with stellar test scores and high marks from professors. Her advisers predicted she’d easily land a spot in a coveted residency program.

Then President Trump announced the end of the Obama-era program that has issued work permits to Aramburo and nearly 700,000 other undocumented immigrants raised in the United States.

“Don’t be surprised if you get zero interviews,” an adviser told her.

She got 10, after sending 65 applications.

But as she prepared to rank her top three choices last week, Congress rejected bills that would have allowed her and other “dreamers” to remain in the United States, casting new doubt on a career path that seemed so certain a year ago.

Employers and universities that have embraced DACA recipients over the past six years are scrambling for a way to preserve the program. They are lobbying a deeply divided Congress, covering fees for employees and students to renew their permits, and searching for other legal options — perhaps a work visa or residency through spouses or relatives who are citizens. Some companies have considered sending employees abroad.

ADVERTISEMENT

They are also awaiting the outcome of a court challenge to the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program, which has granted the young recipients a temporary reprieve and allowed them to continue renewing work permits for the time being. The Supreme Court could decide as soon as Friday whether to intervene in the case.

Nationwide, more than 160 DACA recipients are teaching in low-income schools through Teach For America. Thirty-nine work at Microsoft, 250 at Apple and 84 at Starbucks. To employers, the young immigrants are skilled workers who speak multiple languages and often are outsize achievers. Polls show strong American support for allowing them to stay.

Based in part on that data, many DACA recipients say they believe that the United States will continue to protect them, even as a senior White House official has indicated that Trump and key GOP lawmakers are ready to move on to other issues.

Human-resources experts warn that employers could be fined or go to jail if they knowingly keep workers on the payroll after their permits have expired. And while the White House has said that young immigrants who lose DACA protections would not become immediate targets for deportation, Immigration and Customs Enforcement says anyone here illegally can be detained and, possibly, deported.

ADVERTISEMENT

“I’ve gotten emails saying, ‘Oh, we loved you,’ ’’ Aramburo, 28, said one recent morning as she hurried to predawn rounds at a neurology intensive-care unit. “But in the back of my mind, I’m thinking, ‘What if I can’t finish?’ ”

Dreams and disbelief

Loyola University Chicago’s Stritch School of Medicine has 32 DACA recipients enrolled in its medical program. (Alyssa Schukar/for The Washington Post)

Cesar Montelongo is a third-year student in the school’s MD-PhD program. (Alyssa Schukar/for The Washington Post)
Nearly 100 DACA recipients are medical students enrolled at schools such as Harvard, Georgetown and the Stritch School of Medicine at Loyola University Chicago, which this May will graduate its first five dreamers, including Aramburo.

Loyola, a Catholic school, changed its admissions policies to allow DACA recipients to apply soon after President Barack Obama — frustrated by Congress’s failure to pass an immigration bill — declared in 2012 that he would issue the young immigrants work permits. Trump and other immigration hard-liners criticized the program as executive overreach.

Thirty-two students with DACA are enrolled at Stritch, the most of any medical school in the country, according to the Association of American Medical Colleges. Most are from Mexico, but there are also students brought to the United States as children from 18 other countries, including Pakistan, India and South Korea.

The school helped the students obtain more than $200,000 apiece in loans to pay for their education. Some agreed to work in poor and rural areas with acute physician shortages to borrow the money without interest.

Mark G. Kuczewski, a professor of medical ethics at Loyola, said the school was inspired to launch the effort after hearing about Aramburo, a high school valedictorian who earned college degrees in biology and Spanish and yearned to study medicine but could find work only as a babysitter because she was undocumented.

He said it is unthinkable that Congress may derail the chance for her and the other DACA recipients at Loyola to become doctors and work legally throughout the United States.

“We just can’t believe that that will happen,” Kuczewski said. “Can something that irrational happen in America?”

2:52
This nurse found hope in DACA, now his life is in limbo

Jose Aguiluz is a 28-year-old registered nurse who may face deportation from the United States if Congress doesn’t come to an agreement on DACA recipients. (Jorge Ribas, Jon Gerberg/The Washington Post)
Teach For America said its lawyers have pored over immigration laws to find ways to sponsor workers who lose their DACA protections. But the process often requires workers to leave the United States and return legally, a risk many young teachers are unwilling to take. The organization also offered to relocate teachers close to their families in the United States.

“They’re desperate. They’re stressed,” said Viridiana Carrizales, managing director of DACA Corps Member Support at Teach For America. “They don’t know if they’re going to have a job in the next few months.”

A spokesman for a major tech company who spoke on the condition of anonymity because of the sensitivity of political negotiations, said it asked DACA employees whether they would like to be transferred to another country where their work status would not be in jeopardy.

“It fell completely flat,” he said. “The employees were polled, and with virtual unanimity, the resounding answer was a ‘No, thank you.’ They considered it giving up.”

The Society for Human Resource Management said companies can defend workers and lobby Congress on behalf of DACA recipients. But the group, which has 240 member organizations, is also urging employers to consider what might happen if their employees’ work permits expire.

“The bottom line is, if people don’t have documents that allow them to work in the United States, they have to be taken off the payroll,” said Justin Storch, a federal liaison for the society.

Cesar Montelongo, a third-year medical student and a DACA recipient. (Alyssa Schukar/for The Washington Post)
‘Not just farmworkers or housekeepers’
On the snow-covered campus at Loyola University Chicago, medical students with DACA permits say they are continuing with their studies and renewing their work permits even as they keep one eye on Washington.

Cesar Montelongo, 28, a third-year medical student who attended the State of the Union address last month, spent part of one recent day examining bacteria in petri dishes in a school laboratory. His family fled a violent border city in Mexico when he was 10.

He is earning a medical degree and a PhD in microbiology, a high-level combination that could land him plenty of jobs in other countries. But he said he prefers the United States, one of “very few places in this planet you can actually achieve that kind of dream.”

Less than a mile away, Alejandra Duran, a 27-year-old second-year medical student who came to the United States from Mexico at 14, translated for patients at a local clinic for people with little or no insurance.

With help from teachers in Georgia, she graduated from high school with honors. She wants to return to the state as a doctor and work to help lower the rate of women dying in childbirth.

“A lot of things have been said about how illegal, how bad we are; that’s not the full story,” Duran said. “We’re not just farmworkers or housekeepers. We’re their doctors. We’re their nurses, their teachers, their paramedics.”

Alejandra Duran, a second-year student who intends to practice obstetrics and gynecology, translates for Dr. Matt Steinberger at the Access to Care clinic. (Alyssa Schukar/For The Washington Post)

Cesar Montelongo, a third-year medical student, examines Petri dishes in which he conducted an experiment looking at interactions of viruses with bacteria in the bladder. (Alyssa Schukar/For The Washington Post)
During rounds at the Loyola University Medical Center, Aramburo studied computer records, then examined stroke victims and patients with spinal and head injuries. Some may never regain consciousness, but she always speaks to them in the hope that they will wake up.

“That’s my dream: to make a difference in people’s lives,” she said. “I hope I can do it.”

In the glass-walled neurology intensive care unit, she and two physicians stood before a 45-year-old stroke victim who spoke only Spanish. The woman struggled to grasp what the two doctors were saying.

Aramburo stepped forward.

“You’ve had a small stroke,” she explained in Spanish, as the woman listened. “It could have been a lot worse. Now we’re going to figure out why.”

 

 

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

Some of the WASHPOST comments on this article were predictably idiotic ands racist., Really, what’s happening to our country that folks have such perverted, ill informed, anti-social, and inhuman views?

These are American kids. Raised, educated, and residing in our country. They aren’t “taking places” from anyone, except, perhaps those of their classmates who are less talented or less ambitious. But, why would we want to reward mediocrity over merit just because someone was born here? Other American kids have the same opportunities that Dreamers have. If some chose not to take advantage of them, so be it!

When the Arlington Immigration Court was located in Ballston, Virginia, the kids from nearby Washington & Lee High would come over to the Mall for lunch. Undoubtedly, some of them were undocumented.

But, I couldn’t tell you who. They were just American kids. Even when they showed up in my courtroom, I couldn’t tell you who was the “respondent” and who was the “support group” until I called the case and the respondent came forward. Contrary to the White Nationalists, folks are pretty much the same.

As usual, Trump and his White Nationalist cronies have taken a win-win-win and created a lose-lose-lose! When Dreamers get screwed, they lose, US employers lose, and our country loses, big time! But, that’s what happens when policies and actions are based on bias, ignorance, and incompetence.

PWS

02-23-18

THE HILL: NOLAN RAPPAPORT THINKS A COMPROMISE TO SAVE DREAMERS IS STILL POSSIBLE!

http://thehill.com/opinion/immigration/374580-make-the-compromise-ending-chain-migration-is-a-small-price-to-legalize

Family Pictures

Nolan writes:

. . . .

Compromise.

A compromise is possible. It does not have to be a choice between the current chain migration system and a purely merit-based system. The two systems can be merged with the use of a point system.

Visas currently allocated to extended family members can be transitioned to a merit-based point system that provides extra points for family ties to a citizen or LPR. The merit-based aspect of the point system would eliminate the main objection to chain migration, which is that it allocates visas to extended family members who do not have skills or experience that America needs.

Trump’s framework also would terminate the Diversity Visa Program. Those visas could be transitioned to the new point system too.

This would be a small price to pay for a legalization program that would provide lawful status for 1.8 million Dreamers.

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

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

Go on over to The Hill at the link to read Nolan’s complete article.

I disagree with Nolan’s statement that extended family members don’t bring needed skills. As David J. Bier of the Cato Institute recently pointed out in the Washington Post, that argument is one of a number of   “Myths” about so-called chain migration.

Bier writes:

“MYTH NO. 5
Chain immigrants lack skills to succeed.
In making his case for the president’s proposals last month, Attorney General Jeff Sessions said, “What good does it do to bring in somebody who is illiterate in their own country, has no skills and is going to struggle in our country and not be successful?” This description distorts the picture of immigrants who settle in the United States.

Nearly half of adults in the family-sponsored and diversity visa categories had a college degree, compared with less than a third of U.S. natives. America would lose nearly a quarter-million college graduates every year without the family-sponsored and diversity programs.

Even among the 11 percent who have little formal education, there is no evidence that they aren’t successful. By virtually every measure, the least-skilled immigrants prosper in America. Immigrant men without high school degrees are almost as likely as U.S.-born men with college degrees to look for a job and keep one.

Family-sponsored immigrants are the most upwardly mobile American workers. Whether high-skilled or not, chain or not, immigrants succeed in and contribute to this country.”

I highly recommend Bier’s article

All of my many years of first-hand observation of family immigration at every level supports Bier’s analysis.

Indeed, even if I were to assume that the majority of extended family were so-called “unskilled” (meaning largely that they have skills elite restrictionists don’t respect) that would hardly mean that they aren’t greatly benefitting the US. In many ways, immigrants who perform important so-called “unskilled jobs” essential to our economy but which most Americans neither will nor can do well, are just as important to societal success as more doctors, professors, computer geeks, and baseball players. Fact is, immigrants of all types from all types of countries consistently benefit the US.

That being said, why not try something along the lines that Nolan suggests by taking the Diversity visas and establishing a “pilot program” that combines skills and family ties in a numerical matrix? Then, track the results to see how they compare with existing employment-based and family-based immigration.

PWS

02-21-17

BLACK HISTORY MONTH: LET’S TAKE A LOOK AT TWO STORIES FROM THAT “GREAT ERA OF AMERICA” THAT TRUMP, SESSIONS, MILLER, COTTON, AND THEIR WHITE NATIONALIST PALS LOVE SO MUCH – When White Men Were Supreme, The Law Was There To Keep African Americans in Their Place, Blacks Who Stood Up For Their Rights Were Murdered By The White Police, And Latinos & Women Were “Out Of Sight, Out Of Mind!”

From “John Kelly’s Washington” in the Washington Post:

Stuck on a shelf or locked in a safe, D.C.’s ‘Lost Laws’ still packed a punch

 
Before the Supreme Court upheld the District’s “Lost Laws” in 1953, activists such as Mary Church Terrell (center) picketed in front of segregated restaurants.

Columnist February 14

Martin Luther King Jr. said “the arc of the moral universe is long, but it bends toward justice.”

He could have added: “eventually, and after plenty of detours.”

In 1872 and 1873, two laws were passed in Washington that forbade racial discrimination in the city’s restaurants. Then, somehow, the laws vanished.

Just imagine the reaction when they were “rediscovered” in the 1940s. It must have been as if someone had opened a vault sealed when Ulysses Grant was president and found an airplane inside, a television, penicillin … .

Could Washingtonians from 70 years ago really have been so advanced? What had happened to those people?

What amazed me when I looked into the events of the 1870s and 1880s was how similar things were to the Jim Crow era. Restaurateurs used some of the same excuses for refusing to serve African Americans: Black customers were “boisterous,” white patrons would stay away, the government shouldn’t meddle.

To fight discrimination, black activists used methods that are familiar to us now. Lawyer E.M. Hewlett deliberately visited restaurants to see if he would be served. Hewlett looked to see if owners had posted price lists, as required by law to prevent black customers from being gouged. When he spotted a violation, he took the establishment to court.

In the end, none of it did any good. Why?

“During Reconstruction, D.C. was really on the leading edge of racial change in America,” said Chris Myers Asch, co-author, with George Derek Musgrove, of “Chocolate City: A History of Race and Democracy in the Nation’s Capital.”

Said Asch: “D.C. was a very progressive city. You had remarkable progress being made toward racial equality in a very brief space of time. Black men in D.C. were the first black men in the country to be granted the right to vote after the Civil War.”

Such efforts, Asch said, were a priority for radical Republicans in Congress.

“The backlash from white conservatives is really substantial,” Asch said. “First you eliminate self government all together in 1874. Then you slowly roll back those Reconstruction-era gains. This is part of a regionwide effort to enforce white supremacy. By 1901, when city commissioners decide to compile the D.C. Code, they simply don’t include those Reconstruction-era statutes.”

They didn’t include them, but they didn’t repeal them. The Lost Laws were not dead. They were like a long-dormant seed, ready to spring to life after a refreshing rain.

I don’t know who found them. Asch thinks it was A. Mercer Daniel, who oversaw the library at Howard University’s law school. They gained fame in 1948 with the publication of “Segregation in Washington,” a scathing report that mentioned the laws.

Civil rights activists wondered: Could the laws be used to fight segregation?

Annie Stein, a white woman from Southwest D.C. who was a member of the Progressive Party, invited Mary Church Terrell to chair the Coordinating Committee for the Enforcement of the D.C. Anti-Discrimination Laws of 1872 and 1873. When Terrell, the octogenarian co-founder of the NAACP, was denied service at a downtown cafeteria called Thompson’s in 1950, it set the stage for a test case.

District of Columbia vs. John R. Thompson Co. went first to the old Municipal Court, where Judge Frank Myers ruled that the Lost Laws had “been repealed by implication” and, thus, could no longer be enforced.

Terrell and company appealed. In May of 1951, the Municipal Court of Appeals ruled 2-to-1 that the anti-bias laws were still valid. Among the points raised by Judge Nathan Cayton was that another so-called lost law had been enforced in 1908, even though it, too, had been omitted from the 1901 D.C. Code.

It was an animal cruelty law. Animals, it seemed, had more rights than black Washingtonians.

The game of legal ping-pong continued. The next stop was the U.S. Court of Appeals. In a 5-to-4 decision, it ruled that the laws of 1872 and 1873 could not be enforced.

One judge, Barrett Prettyman, wrote the statutes were “neither mentioned again nor enforced for a period of 75 years.” Thus the laws “must be deemed by the courts to have been abandoned.”

If you’ve been reading my columns this week, you know that wasn’t true. African Americans did mention them and did try to get them enforced.

In April of 1953, the case finally reached the U.S. Supreme Court. Chester H. Gray of the District’s corporation counsel’s office asked the court not to blame his staff. They hadn’t known of the laws until someone found them in the corporation counsel’s safe.

“You mean you have to go to a locked safe to find laws of the District of Columbia?” Chief Justice Fred M. Vinson joked.

In June, the court ruled unanimously that the laws were still in effect. Laws passed by long-dead Washingtonians had helped their descendants.

Five days after the Supreme Court ruling, Terrell went to eat at Thompson’s with the mixed-race group who had been denied a meal three years earlier. They were treated, Terrell said, with courtesy.”

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

Sound all too familiar? It should! The claptrap coming from yesterday’s racists is pretty much the same as the garbage coming out of the mouths of some GOP pols these days. Here’s my “rewrite” of a paragraph of Kelly’s account in “today’s context.”

The backlash from Sessions, Bannon, Kobach, Miller and their White Nationalist pals to the diversification of America and growing political power of African-Americans, Hispanics and other non-Whites was substantial. First, they used gerrymandering and intentional mis-constructions of Civil Rights and Voting Rights statutes intended to protect minorities to instead suppress and minimize the minority vote. This is part to a nationwide effort by the far right to restore White Supremacy and prevent African-Americans and Hispanics from eventually obtaining political power commensurate with their demographics and overwhelming contributions to America. Then, when supposedly in charge of administering the laws equally, they simply refuse to recognize the rights of African-Americans to be free from police violence and the rights of Hispanics and asylum seekers in the United States to be treated with respect and dignity and to be given full Due Process under our Constitution. They even invent false narratives, bogus statistics, and demonize hard-working law-abiding citizens, residents, and great and deserving young people known as “Dreamers” in a desperate effort to restore exclusive White (preferably “pseudo-Christian”) power. To add insult to injury, they carry out this anti-American, anti-Constitutional campaign under the boldly false rubric of “Restoring the Rule of Law.”

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

Now let’s move over to the Post’s Sports Section. Here’s an account of what happened to courageous African-American athletes who stood up for their rights and the rights of others during the “glory days” of White Supremacy that Trump, Sessions, & Co. so cherish and honor.

Remembering the Orangeburg massacre, and the athlete-activists who took a stand 


Two black demonstrators killed in the Orangeburg Massacre lie on the ground at the edge of South Carolina State College in Orangeburg, S.C., on Feb. 8, 1968. (ASSOCIATED PRESS)
February 13

Robert Lee Davis found himself lying in blood next to his teammate Sam Hammond. At least one bullet had struck Davis in the back. Another went in Hammond’s neck.

Davis recalled in an oral history that Hammond, a running back at South Carolina State, asked him, “Do you think I’m going to live?” Davis, a linebacker, said he answered, “Sam, you are going to be all right, buddy.”

Hammond was the first of three young black men to die that night 50 years ago in Orangeburg, S.C. Davis was one of several football players at historically black South Carolina State to survive a hail of police fire with injuries.

What brought them together that Feb. 8, 1968, evening was not a team meeting or the training table. Instead, it was a call to confront a wrong, an affront, an act of overt racial discrimination in Orangeburg at a bowling alley that refused would-be black bowlers just like the state was denying black citizens their human rights.

As a result, Davis and Hammond became athlete-activists long before we created the suddenly ubiquitous, if not trite, alliterative phrase these days to describe football and basketball players, almost all of color, who have, by comparison, merely sported sloganeering T-shirts, or employed histrionics, to demonstrate against racial injustice.

It is a noble and laudable effort, of course. But what we’ve come to champion of athletes today pales juxtaposed to what so many did in the cauldron of the late ’60s civil rights movement. Davis and Hammond, for example, dared to physically confront the very embodiment of the South’s recalcitrant racists — scores of carbine rifle-toting, all-white state troopers — for which Hammond forfeited not just his career but his life.

They were among at least 30 victims of what became known as the Orangeburg massacre.

I was reminded of it three years ago as a presenter at the annual Media and Civil Rights symposium at the University of South Carolina. It included a mesmerizing panel featuring a demonstrator that night, civil rights icon and scholar Cleveland Sellers, and a reporter who became legendary for his fearless coverage of the massacre and other civil rights movement era violence, Jack Bass. With Jack Nelson, awarded a Pulitzer Prize for his reporting on the civil rights movement, Bass authored “The Orangeburg Massacre” in 1970.

And I took note that the panelists, particularly Oliver Francis, a one-time baseball player at Voorhees, another historically black South Carolina college, pointed out that black male athletes in particular stepped to the fore in Orangeburg’s deadly confrontation with white supremacy, and in others. Francis wound up convicted and sentenced to prison for 18 to 24 months as an organizer in an armed black student takeover in 1969 of the Voorhees administration building.

It all reminded that black athletes played not just pivotal roles in the civil rights movement, like the muscle North Carolina A&T football players provided for their classmates engaged in sit-ins to desegregate the Greensboro, N.C., Woolworth’s lunch counter. Or in Rock Hill, S.C., where 10 black Friendship College students were detained by police for trying to desegregate a town lunch counter in 1961 but became known as the Rock Hill Nine after one among them wasn’t booked so he could maintain his athletic scholarship. Chicago Bears running back Willie Galimore was the test black registrant at the Ponce de Leon Motor Lodge in St. Augustine, Fla., that became a flash point for desegregation fights in 1964.

And as was evidenced in Orangeburg, black athletes sometimes were even in the vanguard of protests. Samuel Freedman underscored as much in recounting the Orangeburg massacre in his 2014 book, “Breaking the Line: The Season in Black College Football That Transformed the Sport and Changed the Course of Civil Rights.”

Freedman wrote: “Shortly after the 1967 football season ended, many of the politically engaged members of the South Carolina State team joined in protests against a segregated bowling alley near the campus in Orangeburg.” On Feb. 6, 1968, Freedman reported, Davis and several of his teammates went on their own to the bowling alley and not only were denied admittance but were threatened with arrest by city police for disturbing the peace. Other students eventually joined the football players, objected to the police threats and wound up defending themselves from swinging billy clubs.

Two nights later, Freedman stated, “an all-white force of state troopers opened fire on the student demonstrators, killing three and wounding twenty-eight. Among the dead was one football player . . . Hammond. Several other players were injured by gunfire, one of them temporarily paralyzed.”

Davis was that temporarily paralyzed victim.

The student survivors of the massacre refused, however, to be deterred and allow the killings of Hammond, fellow student Henry Smith and high school football player Delano Middleton to be in vain. They organized a march from campus to the state capital 42 miles away to demand justice. Athletes decided to lead the march by running the distance.

“The four young men who approached me about the run were all track and field distance runners,” Willis Ham, a South Carolina State baseball player at the time, told the (Orangeburg, S.C.) Times and Democrat five years ago. “Three of the young men were not of American descent, and they simply wanted to express their disgust for the way Americans ‘treat their own,’ with the one tool that they had to their credit [the ability to run].

“We wanted our fellow students to know how deeply we felt about their determination to go to Columbia [S.C.], and express to state officials how they really felt about the lack of support in the days leading to the massacre.”

“It gave us a chance to say that our spirits and drive for freedom from depression would never be destroyed,” Ham explained.

The white troopers who fired on the students were exonerated in a trial a year later. The lone conviction from the incident was of Sellers for incitement. He spent seven months in prison. He was pardoned in 1993.

But what Hammond, the football player, first fell for is forever remembered on South Carolina State’s campus. Its basketball arena that opened that fateful day, Feb. 8, 1968, was renamed the Smith-Hammond-Middleton Memorial Center.

Kevin B. Blackistone, ESPN panelist and visiting professor at the Philip Merrill College of Journalism at the University of Maryland, writes sports commentary for The Post.”

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

We should all be appalled that in the 21st Century, folks like Trump, Sessions, Miller, Cotton, and others who think that it’s “OK” and “permissible” to whip up false anti-Hispanic fervor with bogus narratives about rampant crime, imaginary “stolen” jobs, and phantom “adverse effects” of legal immigration have weaseled their way into positions of national power and prominence.

They seek to take America backwards to a bygone era of racial injustice and manufactured hate. Don’t let them get away with it! Ballot boxes were made to “retire” the Trumps, Sessions, and Cottons of the world and send them off to try to make an honest living.

PWS

02-16-18

MEET THE GOOD GUYS: NOVA SUPERSTAR IMMIGRATION ATTORNEY AVA BENACH HELPS “DREAMER TYPES” & THEY HELP AMERICA – THIS IS THE WAY THE SYSTEM CAN WORK WHEN YOU GET BEYOND THE WHITE NATIONALIST XENOPHOBIA OF TRUMP, SESSIONS, & MILLER & WHEN GREAT LAWYERS GET INVOLVED!

https://www.washingtonpost.com/local/she-was-almost-deported-as-a-teen-now-she-helps-frightened-versions-of-herself/2018/02/15/b39969a8-1245-11e8-9065-e55346f6de81_story.html

Petula Dvorak writes in the Washington Post:

“She was almost deported as a teen. Now she helps frightened versions of herself.


Liana Montecinos is a senior paralegal at Benach Collopy in Washington. She was 17 and about to be deported when lawyer Ava Benach helped her win asylum. (Jahi Chikwendiu/The Washington Post)

Columnist February 15 at 3:39 PM

On many days in the shiny, sleek law office — in her sharp suit and sweeping view of Washington — she revisits all the horrors most people would want to forget:

The drunk men bursting into her tiny, adobe home at night, terrorizing the 15 children who lived there.

The walk across three countries, fearing for her life the entire way.

The months of eating nothing but beans and rice.

These are the same stories Liana Montecinos hears just about every time the 29-year-old paralegal sits down with a client.

Ava Benach, from left, Satsita Muradova and Liana Montecinos chat at their law office. (Jahi Chikwendiu/The Washington Post)

She doesn’t have to go there. She’s an American citizen and a third-year law student with a great future in front of her. But instead of going into something lucrative — corporate law, for example — she’s sticking with the law firm that helped her get political asylum.

“Being an immigrant and serving immigrants, it’s a very special connection,” Montecinos said.

And by doing that, she spends her days with frightened versions of herself.

I wanted to tell Montecinos’s story as Congress grapples with the fate of 1.8 million “dreamers,” the undocumented immigrants who were brought to this country as children. They face deportation under President Trump unless Congress can find a way to reinstate the protection they were given by President Barack Obama.

Montecinos was brought across the border by a relative in 1999, when she was 11 years old, after walking — yes, actually walking — from Honduras, across Guatemala, then across Mexico, crossing the Rio Grande into the United States.

She joined her mother in Northern Virginia — they had been separated since she was an infant and she had been raised by her grandmother — and her life was transformed.

She played volleyball and basketball in her Falls Church high school. She was a cheerleader and soccer player. She took Advanced Placement classes.

But no matter how well she was doing in school and no matter how faint her accent became, she knew it could all fall apart any second.

And it nearly did when she was 17 and applied for legal status. Instead, the government began removal proceedings. She was going to be deported.

But it didn’t stop her from graduating from high school and enrolling at George Mason University, where she received a scholarship to cover the triple-tuition she had to pay as an undocumented student.

The scholarship’s donor — Helen Ackerman — introduced Montecinos to D.C. immigration attorney Ava Benach, who took on her complex case. What followed was a 10-year struggle.

“I met Liana when she was 17 years old,” Benach said. “And I knew she was special. She was out there, trying to figure out her own immigration status. I felt a very parental desire to help her.”

So they took on the case together, with Montecinos never giving up.

“I’d be doing an all-nighter, knowing I had a hearing the next day and the judge could send me away and it would all be for nothing,” she said.

But she kept studying, striving and working. You know how folks are always saying “Why don’t they just get legal?” It’s not that easy.

It took 10 years of hearings and arguments to convince a judge that she faced threats and violence in Honduras, in that tiny, adobe house, and that her hard work in school, model citizenship and potential were enough to grant her a place in American society.

Asylum is granted only to someone who faces persecution in their home country. And that persecution has to be for one of five reasons: your race, religion, nationality, membership in a particular social group, or your political opinion.

“It has to fit in one of five boxes,” Benach said. And her life’s work is helping her frightened clients qualify.

Montecinos was granted asylum and citizenship on June 29, 2016.

“For many, becoming a U.S. citizen is the last part of the process,” Montecinos wrote on her Facebook page that day. “For others, like myself, it is the beginning to end 16 plus years of uncertainty and of fear of a forceful return to imminent harm.”

She called herself “extremely blessed and thankful for such a privilege, which is denied to many,” she said. “This path, however, was not easy. It was not short. It was not cheap.”

She is in her third year of law school at the University of the District of Columbia, where she received a Student Humanitarian and Civic Engagement award on Thursday.

In her spare time, you see, she runs a nonprofit group she founded, United for Social Justice, which helps low-income, first-generation Americans get access to higher education. Oh, and she coaches and plays on a bunch of soccer teams.

When she meets with the undocumented children who are like her, the ones she is fighting for, it reminds her of her struggle.

Though her own story is horrible — think of being 11 and scared, hiding your face with blankets as you cross strange villages where people are yelling “pollos mojados” (wet chickens) at you, not knowing where you’re going — her clients recount even more heart-stopping stories.

She hears from children who were kidnapped, who rode for days on top of speeding trains, afraid to fall asleep because they’d fall off, from a little girl who was gang-raped in front of her father.”

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

Ava has a “Major League” legal mind to go with a “heart of gold!” She and her colleagues from her firm appeared on many occasions before me at the Arlington Immigration Court.

This article aptly illustrates one of the points I often make.  Asylum law has intentionally been “jacked” against Central Americans by a non-independent BIA working under pressure from politicos to limit protections to large groups. Nevertheless, with a good lawyer (e.g., one who isn’t afraid to argue the BIA’s — often otherwise ignored — favorable precedents back to them and to take wrong BIA denials to the Court of Appeals if necessary), resources to build and document a case, and persistence, most of the “Dreamers” probably could win some type of relief in Immigration Court if not at the Asylum Office or elsewhere at USCIS.

But, what rational reason could there be for forcing folks like Liana Montecinos who are already here, part of our society, and just want to become taxpaying citizens and REALLY “Make America Great” (not to be confused with the disingenuous racist slogan of Trump and his White Nationalist “base”) go through such a laborious process? And what possible rationale could there be for wasting the time of an already overburdened Immigration Court system with cases of individuals who clearly should be welcomed and accepted into American society without being placed in “Removal Proceedings?” Also, what would be the rationale for trying to artificially “speed up” complex cases like Liana’s and trying to make life difficult for talented lawyers like Ava?

The answer is clear: there is NO rationale for the “Gonzo” Immigration enforcement and “designed chaos and attack on Due Process in Immigration Court” that Trump, Miller, Sessions, Nielsen, Tom Homan and their ilk are trying to ram down our throats. Sessions is the problem for justice in our Immigration Courts; lawyers like Ava are a key part of the solution! Clearly, the U.S. Immigration Courts are too important to our system of justice to be left in the clutches of a biased, “enforcement only,” White Nationalist, xenophobic opponent of individual due process like Jeff Sessions! American needs an independent Article I U.S. Immigration Court! Harm to the least and most vulnerable among us is harm to all!

The good news is that folks like Ava and her fellow “Generals” of the “New Due Process Army” are out there to fight Trump, Sessions & Company and their White Nationalist, anti-American actions every step of the way and to vindicate the Constitutional and legal rights of great American migrants like Liliana and millions of others similarly situated. They are “American’s future!” Trump, Sessions, Miller, et al., are the ugly past of America that all decent Americans should be committed to “putting in the rear-view mirror” where the “Trumpsters” live and belong! And, it won’t be long before Liliana becomes an attorney and a “full-fledged member” of the “New Due Process Army!”

Go Ava! Go Liliana! Due Process Forever! 

PWS

02-16-18

 

“QUEEN OF DISINGENUOUS NONSENSE” SARAH HUCKABEE SANDERS WAS AT A LOSS FOR WORDS – WHILE SOME MIGHT WELL VIEW THAT AS A GOOD THING FOR AMERICA, DANA MILBANK @ WASHPOST HELPS HER OUT! — “I used the time waiting in vain for Wednesday’s briefing to compile the following executive summary of l’affaire Porter, in Trump administration officials’ own words . . . .”

https://www.washingtonpost.com/opinions/sarah-huckabee-sanders-is-at-a-loss-for-words-on-rob-porter-i-am-here-for-her/2018/02/14/0a019a22-11e2-11e8-9065-e55346f6de81_story.html

Milbank writes:

“Are you having trouble keeping up with the Rob Porter scandal? Apparently Sarah Huckabee Sanders is.

Her daily press briefing Wednesday was scheduled for 1 p.m., then at 2 p.m. was postponed until 4 p.m., then at 4 p.m. was abandoned entirely. The menu of topics — scandals at the EPA and VA, confirmation of a payoff to porn actress Stormy Daniels and, by midafternoon, another horrendous school shooting — was hardly appetizing. And the unpalatable entree was sure to be Porter, the White House staff secretary who resigned last week amid accusations of wife-beating that were ignored by the White House for months.

After eight days of the administration’s shifting and contradictory explanations of its handling of Porter, it’s quite understandable that Sanders would be at a loss for words. But I am here for her. As a public service, I used the time waiting in vain for Wednesday’s briefing to compile the following executive summary of l’affaire Porter, in Trump administration officials’ own words:

White House officials “are all processing the shocking and troubling allegations made against” Porter, which is why they “hope he has a wonderful career and hopefully he will have a great career ahead of him.”

Columnist Ruth Marcus says White House Chief of Staff John F. Kelly is as much of a disgrace as the former staff secretary whose spousal abuse Kelly covered up.

Porter “says he’s innocent and I think you have to remember that. He said very strongly yesterday that he’s innocent,” which explains why “it became apparent to us that the allegations were true.”

Porter “is someone of the highest integrity and exemplary character” and is the victim of “a coordinated smear campaign.” As a result, there is “no reason not to believe the women” who accused him, and his “resignation was appropriate.”

Resignation “was a personal decision that Rob made and one that he was not pressured to do, but one that he made on his own.” Furthermore, “we dismissed that person immediately.”

There were “contemporaneous police reports,” “women speaking to the FBI under threat of perjury” and “photographs” corroborating accusations of wife beating. Consequently, “we absolutely wish him well.”

The White House “learned of the extent of the situation involving Rob Porter last Tuesday evening,” as a result of Porter himself telling the White House counsel of the situation in January 2017.

As of Sunday, the White House “had not received a final investigation” of Porter’s background because “the FBI has the ongoing investigations” had “not completed that investigation,” which is only logical given that the FBI gave the White House “a completed background investigation” in July and “closed the file” last month.

Kelly learned the details of Porter’s situation only “40 minutes before he threw him out,” last week, several months after Kelly reportedly was informed that allegations of spousal abuse were holding up Porter’s security clearance.

Once White House officials learned of the Porter allegations, “within 24 hours his resignation had been accepted and announced,” which is why the White House security office informed high-level White House officials about the allegations in November and Porter resigned in February.

The president has “absolute confidence in Gen. Kelly,” who is “an American hero” and also a “big fat liar.”

The “White House personnel security office,” which received the FBI’s background report on Porter, is part of “a process that doesn’t operate within the White House.”

The president is “totally opposed to domestic violence of any kind,” while “people’s lives are being shattered and destroyed by a mere allegation.” Domestic violence “is abhorrent and has no place in our society,” and “there is no recovery for someone falsely accused.” The White House takes “matters of domestic violence very seriously,” and “the president is shaped by a lot of false accusations against him” and wonders, “Is there no such thing any longer as Due Process?”

When you think about the Porter affair this way, it all begins to make perfect sense. Yes, the matter is “shocking,” and the White House “could have done better.” And at the same time, “what happened this week was completely reasonable and normal.”

In the Trump White House, this juxtaposition of “shocking” and “normal” somehow doesn’t feel like an oxymoron.”

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

Trump and his “toady/sycophant/enablers are “normalizing” lies and misinformation.

The Trump Administrator is the biggest threat to our democracy and our national security. Will enough folks wake up to the threat before it’s too late?

PWS

02-15-18

E.J. DIONNE, JR. @ WASHPOST – “SIMPLE DECENCY MOVEMENT” LIKELY TO BE BAD NEWS FOR TRUMP’S INDECENT GOP – “[D]emanding simple decency is a radical and subversive act.”

https://www.washingtonpost.com/opinions/the-real-split-in-american-politics-isnt-left-vs-right/2018/02/14/9ca64696-11bc-11e8-9570-29c9830535e5_story.html

Dionne writes:

“. . . .

Some members of this dispirited group overlap with a third key constituency that is underanalyzed because its ranks are not exceptionally partisan or ideological. They are citizens who ask for a basic minimum from those in charge of their government: some dignity and decorum, a focus on problem-solving, and orderliness rather than chaos. Trump and the conservatives sustaining him are completely out of line with this behavioral conservatism built on self-restraint and temperamental evenness.

It is not to romanticize the heartland to say that anyone who spends time in the Midwest runs into such solid citizens all the time. They are horrified by spousal abuse. They include small-business owners who prefer low taxes but care about schools, roads, libraries and parks. They may be critical of government, but they also expect it to do useful things. They don’t much like bragging and find an obsession with enemies unhealthy.

They are churchgoers who don’t watch TV preachers, may have doubts about this or that doctrine, and don’t tell others how religious they are. But they take from their faith and scripture that they have obligations to their communities and a duty to try as best they can to live by the standards they uphold.

They like to look up to their leaders with respect, and they feel betrayed when the powers that be give them every reason not to.

The obvious political calculation is that this fall’s elections will be decided by which side mobilizes its most ardent supporters. But here is a bet that there is also a quiet revolution of conscience in the country among those who are sick to death of the chaos they see every day on the news, a White House whose energy is devoted to stabbing internal foes in the back and a president who can’t stop thinking about himself. In the face of this, demanding simple decency is a radical and subversive act.”

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

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

One can only hope that at some point, reason will prevail over the greed, immorality, clownishness, disrespect, dishonesty, and incompetence that has come to symbolize today’s GOP and the Trump regime. Even today, there are a number of stories about how well-to-do yet fundamentally dishonest Trump appointees and their families continue to loot the Treasury and run up a huge deficit while essentially proposing a “death to the poor and vulnerable” budget. This is what a kleptocracy and gross indecency looks like! Reading our newspapers on a daily basis reminds me of passages I used to see only in State Department Country Reports on corrupt, Third-World dictatorships.

PWS

02-15-18

 

 

RICHARD L. HASEN IN WASHPOST: THE ORIGINAL DISRUPTER – THE LATE JUSTICE ANTONIN SCALIA!

https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/

Hasen writes:

“A few years ago, a populist disrupter of the established political order said that Arizona was right to try to take immigration enforcement into its own hands when the Obama administration was not aggressive enough. Its “citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” He similarly expressedsympathy for the “Polish factory workers’ kid” who was going to be out of a job because of affirmative action and lamented that the Supreme Court’s giving too many constitutional rights to Guantanamo detainees “will almost certainly cause more Americans to be killed.”

Who made the statements? Donald Trump? Newt Gingrich? No, those were the words of Supreme Court Justice Antonin Scalia, who died two years ago Tuesday. Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts.

Scalia joined the Supreme Court in 1986 after a stint as a law professor, a government official and a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He arrived at a court in which justices used an eclectic mix of criteria, from text to history and purpose to pragmatism and personal values, to decide the meaning of the Constitution and federal statutes. Justices disagreed with one another, but for the most part, they were polite in their written dissents.

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.”

. . . .

Scalia, the Harvard law graduate, frequently cast his fellow justices as out-of-touch Ivy League elitists sticking it to the little guy. Yet he often sided with big business over consumers and environmental groups, deciding cases on issues related to standing and arbitration law that made it harder for people to have their rights protected and vindicated in court.

He disagreed with others using a tone like no other justice. The day after it decided King v. Burwell in June 2015, the court recognized a right of same-sex couples to marry in Obergefell v. Hodges. Scalia, applying his originalist understanding of the 14th Amendment, unsurprisingly rejected the majority’s approach. But he leveled his harshest words at Justice Anthony M. Kennedy’s majority opinion, which he described as “couched in a style that is as pretentious as its content is egotistic.” He added that “if, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.” He compared the opinion to an aphorism in a fortune cookie.

The combination of Scalia’s view that textualism and originalism were the only legitimate way to decide cases and his caustic dismissal of anyone who dared to disagree with him led to a much coarser, polarized court after his tenure on the bench. He gave the Supreme Court’s imprimatur to the practice of delegitimizing one’s ideological opponents rather than simply disagreeing with them.

Most important, he gave key conservative acolytes tools to advance an ideological agenda — tools that he presented as politically neutral. The most important of these acolytes is Gorsuch, the newest Supreme Court justice (and, thanks to the refusal of Senate Republicans to consider President Barack Obama’s nomination of Merrick Garland after Scalia died, also the justice who replaced his ideological role model). While not quite a Scalia clone, he is fully following in Scalia’s tradition. Not long after joining the court, Gorsuch admonished his colleagues in a statutory interpretation case that “if a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” And at oral argument in the 2017 Wisconsin partisan gerrymandering case, he dismissively interjected that “maybe we can just for a second talk about the arcane matter, the Constitution.” Think Scalia, but without the spontaneous wit and charm. Without Scalia, Gorsuch would have been just as conservative, but he would not have been packaging his jurisprudence in Scalian terms. And he perhaps would not have been as aggressive out of the box.

According to Time magazine, Trump wants to appoint more “originalists” and “textualists” on the court — flamethrowers who will disrupt things even more, following Scalia’s model. Gorsuch’s early record and the posthumous deification of Scalia by Federalist Society members and others on the right since his death show that Scalia’s pugnacious populism is the wave of the future for court appointees by Republican presidents and that the bitter partisan polarization we’ve seen in the political branches is in danger of becoming fixed as a permanent feature of the Supreme Court. Indeed, the main criticism of Scalia’s followers is that he was not consistent enough in insisting that originalism and textualism are the only right way to decide cases, consequences be damned.

Thanks to Scalia’s disruption, the Supreme Court may never be the same.

 

Richard L. Hasen is the chancellor’s professor of law and political science at the University of California at Irvine and the author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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

Read the complete article at the link.

Yes, I always thought that beneath all the “origionalist” BS, Justice Scalia was pretty much just another jurist with a peculiar right-wing agenda. He rewrote history to match his own preconceived worldview. Additionally, he detested equality, social justice, and common sense in equal proportions. But, occasionally his intellectual machinations led him to side with the “good guys.”

He might not have been a “stable genius,” but he was a heck of a lot smarter than Trump and much funnier. And, while there are indications in his jurisprudence that he was a “racist at heart” (who despised Hispanics as much as African-Americans) he was somewhat less overt about his White Christian Nationalism than guys like Trump, Sessions, Miller, Bannon, Steve King, etc.

PWS

02-14-18

 

TRUMP BUDGET: VLADI’S PUPPET WOULD LITERALLY SELL OUT AND SELL OFF AMERICA, MUSHROOM DEFICIT TO LINE THE POCKETS OF THE RICH, BUILD BOMBS (BUT WITH NOBODY TO DROP THEM ON, ONCE THE RUSSIANS TAKE OVER), WHILE THOROUGHLY SCREWING THE POOR, THE VULNERABLE, AND THE VAST MAJORTY OF AMERICANS – No, It Won’t Pass, But It Stands As A Monument To The Corrupt & Perverted “Values” Of Trump and The GOP & Their Stunning Contempt For The Shortsighted Voters Who Put Them In Power!

Here’s what James Hohmann of the Washington Post has to say about the “Grifter-In-Chief” in his “Daily 202:”

THE BIG IDEA: President Trump campaigned like a populist, but the budget he proposed Monday underscores the degree to which he’s governing as a plutocrat.

Many of his proposals are dead on arrival in Congress, but the blueprintnonetheless speaks volumes about the president’s values – and contradicts many promises he made as a candidate.

“This is a messaging document,” Trump budget director Mick Mulvaney told reporters at the White House.

Here are eight messages that the White House sends with its wish list:

1. Touching third rails he said he wouldn’t:

As a candidate, Trump repeatedly said he would never cut Medicare, Medicaid or Social Security.

Now he proposes cutting Medicare by $554 billion and Medicaid by around $250 billion over the next decade.

His plan includes new per-person limits on the amount of health care each Medicaid enrollee can use and a dramatic shift toward block grants, which would allow states to tighten eligibility requirements and institute work requirements that would kick some off public assistance.

Impacting the middle class, Trump also calls for cutting the subsidies that allow more than four in five people with marketplace health plans to afford their insurance premiums under the Affordable Care Act.

2. Scaling back support for the forgotten man:

Many displaced blue-collar workers in the Rust Belt took the president at his word when he promised to bring back their manufacturing jobs. But Trump’s budget calls for cutting funding for National Dislocated Worker Grants – which provides support to those who lose their jobs because of factory closures or natural disasters — from $219.5 million in 2017 to $51 million in 2019.

Also at the Labor Department, the president wants to slash support for the Adult Employment and Training Activities initiative, which serves high school dropouts and veterans, from $810 million last year to $490 million in 2019.

3. Giving up on a balanced budget:

Trump repeatedly promised that he would balance the budget “very quickly.” It turns out that a guy who has often described himself as the “king of debt” didn’t feel that passionately about deficits. Last year, he laid out a plan to balance the budget in 10 years. This year he didn’t even try. Trump now accepts annual deficits that will run over $1 trillion as the new normal.

Going further, the president also promised on the campaign trail that he’d get rid of the national debt altogether by the end of his second term. But his White House now projects that the national debt, which is already over $20 trillion, will grow more than $2 trillion over the next two years and by at least $7 trillion over the next decade. The administration repeatedly denied this in December as officials pushed to cut taxes by $1.5 trillion.

“After Ronald Reagan’s tax cuts in the 1980s, deficits exploded in the same range as Trump’s now, when calculated as a percentage of the economy, or gross domestic product. But Reagan’s famous ‘riverboat’ gamble came when the total national debt was a fraction of what it is today. Trump is pushing the envelope when debt is already near 80 percent of GDP, leaving far less room to maneuver if the economy turns downward,” David Rogers writes in Politico. “Economists and politicians alike don’t know what happens next. There’s all the edginess of breaking new ground. But also, as with Faulkner’s famous line, there is a sense that the past ‘is not even past.’ … Nothing now seems obvious, except red ink.”

Trump blames state of U.S. infrastructure on ‘laziness’ after WWII

4. Relying on fuzzy math:

Trump’s team knows full well that they’ll never get most of the spending cuts they’re proposing, but they’re using them to make the deficit look less bad than it really is. Just last Friday, the president signed into law an authorization bill that blows up the sequester and increases spending by more than $500 billion.

The White House also makes the unrealistic assumption that the economy will grow by more than 3 percent every year between now and 2024, which makes its projections for revenue growth rosier than they should be. No serious economist thinks that level of growth can be sustained. A recession seems probable in the next decade.

Senate Democrats noticed that Trump’s budget plan, if it was enacted, would actually result in a net decrease in federal spending on infrastructure. Chuck Schumer’s office identified more than $240 billion in proposed cuts over the coming decade to existing infrastructure programs, which is higher than the $200 billion Trump simultaneously proposed in new spending. “The cuts identified by Schumer’s office include a $122 billion reduction in outlays over the coming decade to the Highway Trust Fund, which pays for road projects and mass transit,” John Wagner reports. “Other proposed reductions would target an array of programs that fund rail, aviation [and] wastewater…”

5. Paying for tax cuts that mostly benefit the rich by cutting holes in the safety net for the poor:

In 1999, then-Texas Gov. George W. Bush denounced a House Republican plan to save $8 billion by deferring tax credit payments for low-income people. “I don’t think they ought to balance their budget on the backs of the poor,” he said at a campaign stop. “I’m concerned for someone who is moving from near-poverty to middle class.”

That sentiment seems quaint now. While Trump has never claimed the mantle of “compassionate conservatism,” his budget validates several of the negative stereotypes that Bush tried to shed.

This is a budget for the haves. The have-nots get left behind.

Trump wants to cut $214 billion from the food stamp program in the next decade, a reduction of nearly 30 percent.

The budget shows Ben Carson has no suction at the White House. Despite his efforts, the secretary of housing and urban development was unable to stop Trump from reducing Section 8 federal housing subsidies by more than $1 billion, zeroing out community development block grants and eliminating a $1.9 billion fund to cover public housing capital repairs. The 14 percent cut at HUD is even deeper than what Trump proposed last year.

The budget cuts 29 programs at the Education Department, many of which are designed to help needy children – including after-school activities to keep kids off the street and a grant program for college students with “exceptional financial need.” Trump’s plan also gets rid of a tuition initiative that makes college affordable for underprivileged D.C. residents, who don’t have access to strong in-state universities.

6. Deconstructing the administrative state:

Trump wants to neuter the Consumer Financial Protection Bureau by starving it of resources, limiting its enforcement power and changing its funding stream so that it’s more vulnerable to pressure from Wall Street.

He seeks to cut more than $2.5 billion from the annual budget of the Environmental Protection Agency, which is about a quarter of its spending. He’d eliminate funding for state radon-detection programs and end partnerships to monitor and restore water quality in the Gulf of Mexico, Puget Sound and other large bodies of water.

“Funding for the restoration of the Chesapeake Bay would fall from $72 million to $7 million, and a similar program for the Great Lakes would be cut from $300 million to $30 million — although neither would be wiped out,” Brady Dennis reports. “In addition, the Trump budget would eliminate — or very nearly eliminate — the agency’s programs related to climate change. Funding for the agency’s Office of Science and Technology would drop by more than a third, from $762 million to $489 million. And funding for prosecuting environmental crimes and for certain clean air and water programs would drop significantly.”

7. More guns, less butter:

Make no mistake, Trump is not calling for a reduction in the size of government. He seeks to spend $4.4 trillion next year, up 10 percent from last year. He’s calling for spending less on the homefront to cover a massive military buildup.

Trump asks for $716 billion in defense spending in 2019, a 13 percent increase. “The Trump plan provides more money for just about everything a general or admiral might desire,” Greg Jaffe notes. “The United States already spends more on its military than the next eight nations combined.”

Meanwhile, Trump proposes slashing the State Department’s budget by 23 percent. As Secretary of Defense James Mattis told Congress in 2013, when he was a Marine general leading Central Command: “If you don’t fully fund the State Department, then I need to buy more ammunition.”

Another campaign promise Trump is making good on: building his “Deportation Force.” The budget allocates $2.8 billion to expand immigration detention facilities so that 52,000 beds are always available, $782 million to hire 2,750 additional border agents, and $1.6 billion for the construction of 65 miles of border wall in Texas. (Whatever happened to Mexico paying?) He also adds $2.2 billion for the Secret Service to hire 450 more people.

Trump claims that U.S. has spent $7 trillion in the Middle East

8. Leaning in on privatization:

Trump wants to outsource as many public functions as possible to private, for-profit companies.

His budget calls for selling off scores of prized federal assets, from Reagan National and Dulles Airports to the George Washington Memorial Parkway and the Baltimore-Washington Parkway. “Power transmission assets from the Tennessee Valley Authority; the Southwestern Power Administration, which sells power in Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas; the Western Area Power Administration; and the Bonneville Power Administration, covering the Pacific northwest, were cited for potential divestiture,” Michael Laris reports. “It was not immediately clear what public or private entity might buy those roads, whether they might be tolled, or other details. Some state officials said they were uncertain about how their residents would benefit from such a proposal.”

The White House is re-upping its plan to shift the nation’s air traffic control system out of government hands, even though it went nowhere in Congress last year.

Trump proposes to end funding for the International Space Station after 2024 by privatizing the orbiting laboratory.

Finally, he wants to increase spending by more than $1 billion on privateschool vouchers and other school choice plans while slashing the Education Department’s budget by $3.6 billion and devoting more resources to career training, at the expense of four-year universities.

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

Don’t be fooled by the “paper money” you might be making in the stock market (if you are one of the fortunate minority of Americans with money to invest). 2017 was one of the worst years in the history of American democracy, and 2018 promises to be even worse. Indeed, while American democracy has been resilient enough to stand up to Trump and the utterly corrupt GOP to date, they are now upping their attack. There is absolutely no guarantee that their plan to destroy our country and hand it over to an unholy mixture of Russian Oligarchs, Chinese Government Corporations, and greedy Capitalist plutocrats won’t succeed.

Donald Trump and today’s GOP are a clear and present danger to our national security and the future of our democracy!

 

PWS

02-13-18

 

INDEFENSIBLE: DHS’S “GONZO” IMMIGRATION ENFORCEMENT IS CRUEL, WASTEFUL, COUNTERPRODUCTIVE, AND ARBITRARY – IT’S THE VERY ANTITHESIS OF THE “RULE OF LAW” THAT TRUMP, SESSIONS, HOMAN & OTHERS AT THE DHS DISINGENUOUSLY TOUT IN WORDS WHILE MOCKING AND DISPARAGING BY THEIR DEEDS! – EXPOSE FRAUD, RESIST EVIL! – JOIN THE NEW DUE PROCESS ARMY!

https://www.washingtonpost.com/world/national-security/trump-takes-shackles-off-ice-which-is-slapping-them-on-immigrants-who-thought-they-were-safe/2018/02/11/4bd5c164-083a-11e8-b48c-b07fea957bd5_story.html

Nick Miroff and Maria Sacchetti report for the Washington Post:

“A week after he won the election, President Trump promised that his administration would round up millions of immigrant gang members and drug dealers. And after he took office, arrests by Immigration and Customs Enforcement officers surged 40 percent.

Officials at the agency commonly known as ICE praise Trump for putting teeth back into immigration enforcement, and they say their agency continues to prioritize national security threats and violent criminals, much as the Obama administration did.

But as ICE officers get wider latitude to determine whom they detain, the biggest jump in arrests has been of immigrants with no criminal convictions. The agency made 37,734 “noncriminal” arrests in the government’s 2017 fiscal year, more than twice the number in the previous year. The category includes suspects facing possible charges as well as those without criminal records.

Critics say ICE is increasingly grabbing at the lowest-hanging fruit of deportation-eligible immigrants to meet the president’s unrealistic goals, replacing a targeted system with a scattershot approach aimed at boosting the agency’s enforcement statistics.

ICE has not carried out mass roundups or major workplace raids under Trump, but nearly every week brings a contentious new arrest.

2:42
Trump said he would deport millions. Now ICE is in the spotlight.

The White House has said they are focused on deporting undocumented immigrants who “pose a threat to this country.”

Virginia mother was sent back to El Salvador in June after her 11 years in the United States unraveled because of a traffic stop. A Connecticut man with an American-born wife and children and no criminal record was deported to Guatemala last week. And an immigration activist in New York, Ravi Ragbir, was detained in January in a case that brought ICE a scathing rebuke from a federal judge.

“It ought not to be — and it has never before been — that those who have lived without incident in this country for years are subjected to treatment we associate with regimes we revile as unjust,” said U.S. District Judge Katherine B. Forrest, reading her opinion in court before ordering ICE to release Ragbir.

“We are not that country,” she said.

Immigrants whose only crime was living in the country illegally were largely left alone during the latter years of the Obama administration. But that policy has been scrapped.

Those facing deportation who show up for periodic “check-ins” with ICE to appeal for more time in the United States can no longer be confident that good behavior will spare them from detention. Once-routine appointments now can end with the immigrants in handcuffs.

More broadly, the Trump administration has given street-level ICE officers and field directors greater latitude to determine whom they arrest and under what conditions, breaking with the more selective enforcement approach of President Barack Obama’s second term.

Trump officials have likened this to taking “the shackles off,” and they say morale at ICE is up because its officers have regained the authority to detain anyone they suspect of being in the country illegally.

1:36
ICE arrests chemistry professor in U.S. for 30 years

Syed Ahmed Jamal was arrested by Immigration and Customs Enforcement agents Jan. 24 after living in the United States for more than 30 years.

Officers are detaining suspects in courthouses more often, and ICE teams no longer shy from taking additional people into custody when they knock on doors to arrest a targeted person. 

“What are we supposed to do?” said Matthew Albence, the top official in the agency’s immigration enforcement division, who described the administration’s goal as simply restoring the rule of law. If ICE fails to uphold its duties to enforce immigration laws, he added, “then the system has no integrity.”

In addition to arresting twice as many immigrants who have not been convicted of crimes, ICE also arrested 105,736 immigrants with criminal convictions, a slight increase. That figure includes people with serious or violent offenses as well as those with lesser convictions, such as driving without a license or entering the country illegally.

ICE’s arrest totals in Trump’s first year in office are still much lower than they were during Obama’s early tenure, which the agency says is partly because it is contending with far more resistance from state and local governments that oppose Trump’s policies. And the president’s repeated negative characterizations of some immigrant groups have created an atmosphere in which arrests that were once standard now erupt as political flash points.

Obama initially earned the moniker “deporter in chief” because his administration expelled hundreds of thousands of immigrants, including people with no criminal records. But when Republicans blocked his effort to create a path to citizenship for millions living in the country illegally, Obama curtailed ICE enforcement, especially for those without serious criminal violations. Those measures incensed Republicans — and eventually helped to propel Trump into office.

An estimated 11 million people are living in the United States without legal residency, and the new era of ICE enforcement has shattered the presumption that their social and economic integration into American life would protect them.

Because immigration records are generally secret, it is difficult to independently verify how federal agents decide to make arrests. Immigrant advocates and ICE often clash over immigration cases, and both sides frequently present incomplete versions of an immigrant’s case.

Last month, a college chemistry instructor in Kansas, Syed Ahmed Jamal, was taken into custody on his lawn while preparing to take his daughter to school. He arrived from Bangladesh 30 years ago and built a life in the United States. More than 57,000 people signed an online petition asking ICE to stop his deportation, describing him as a community leader and loving father.

An immigration judge placed a temporary stay Wednesday on ICE’s attempt to deport him, but the agency’s account of Jamal’s case is starkly different. ICE said he arrived in 1987 on a temporary visa. He was ordered to leave the United States in 2002, and he complied, but three months later, he returned — legally — and overstayed again. A judge ordered him to leave the country in 2011, but he did not. ICE said agents took Jamal into custody in 2012. He lost his appeal in 2013.

At first glance, Albence said, many of ICE’s arrests may seem like “sympathetic cases — individuals who are here, and who have been here a long time.”

“But the reason they’ve been here a long time is because they gamed the system,” he said.

Defenders of the tougher approach applaud ICE’s new resolve and say it is U.S. immigration courts — not ICE — that are determining who should be allowed to stay. And they reject the idea that the longer someone has lived in the country, the more the person deserves to be left alone.

“As someone who has practiced law for 20-plus years, I find strange the idea the longer you get away with a violation, the less stiff the punishment should be, and that your continued violation of the law is basis for the argument that you shouldn’t suffer the consequences of that violation,” said Matthew O’Brien, director of research at the Federation for American Immigration Reform, or FAIR, which backs Trump’s approach.

No statute of limitations

The furor that has followed recent ICE arrests reflects a deeper disagreement — not unlike the fight over young, undocumented “dreamers” — about the consequences that those in the country illegally should face.

Living in the United States without legal status is generally treated as a civil violation, not a criminal one. And many Americans, especially Democrats, do not view it as an offense worthy of arrest and deportation once someone has settled into American life.

But in the hyper-politicized atmosphere of the immigration debate, where the merits of these arrests are increasingly litigated in public, partisans now argue over each immigrant’s perceived worthiness to remain in the country, even when a full grasp of the facts is lacking.

When a 43-year-old Polish-born doctor in Michigan who came to the United States at age 5 was arrested last month, supporters rushed to his defense. ICE justified its decision by saying the doctor, who was a permanent legal resident, had had repeated encounters with local police and two 1992 misdemeanor convictions for destruction of property and receiving stolen items, crimes that under U.S. immigration law are considered evidence of “moral turpitude.”

Others who committed crimes long ago and satisfied their obligations to the American justice system have learned there is no statute of limitations on ICE’s ability to use the immigrants’ offenses as grounds to arrest and deport them.

When Ragbir, the New York immigration activist, was detained last month during a scheduled check-in with ICE, his supporters accused the agency of targeting him for retaliation.

But Ragbir is the type of person who is now a top priority for ICE. After becoming a lawful U.S. resident in 1994, he was convicted of mortgage and wire fraud in 2000.

Ragbir served two years in prison, then married a U.S. citizen in 2010. Immigration courts repeatedly spared him from deportation, but his most recent appeal was denied, and ICE took him into custody eight days before his residency was due to expire.

Ragbir was so stunned that he lost consciousness, court records show, and was taken to a hospital.

The ‘sanctuary’ campaign

Former acting ICE director John Sandweg, who helped draft the 2014 memo that prioritized arrests based on the severity of immigrants’ criminal offenses, said the agency has resources to deport only about 200,000 cases a year from the interior of the United States.

“The problem is, when you remove all priorities, it’s like a fisherman who could just get his quota anywhere,” Sandweg said. “It diminishes the incentives on the agents to go get the bad criminals. Now their job is to fill the beds.”

Albence said the agency’s priority remains those who represent a threat to public safety or national security, just as it was under Obama. The difference now is that agents are also enforcing judges’ deportation orders against all immigrants who are subject to such orders, regardless of whether they have criminal records.

“There’s no list where we rank ‘This is illegal alien number 1 all the way down to 2.3 million,’ ” he said.

Albence said ICE prioritizes its caseload using government databases and law enforcement methods to track fugitives. But in the vast majority of cases, ICE takes custody of someone after state or local police have arrested the person.

This approach dovetailed with ICE’s enforcement emphasis on targeting serious criminals, and at first, the Obama administration and other Democrats embraced it. But activists protested that ICE was arresting people pulled over for driving infractions and other minor offenses at a time when Congress was debating whether to grant undocumented immigrants legal residency. Advocacy groups pushed cities and towns to become “sanctuary” cities that refused to cooperate with ICE.

ICE’s caseload far exceeds the capacity of its jails. In addition to the 41,500 immigrants in detention, according to the most recent data, the agency has a caseload of roughly 3 million deportation-eligible foreigners, equal to about 1 in 4 of the estimated 11 million undocumented immigrants nationwide.

More than 542,000 of those are considered fugitives, meaning they did not show up for their immigration hearings and were ordered deported, or they failed to leave the country after losing their cases. Nearly 2 in 3 were not considered a priority for deportation under Obama. They are now.

An additional 2.4 million undocumented immigrants are free pending hearings or appeals, or because the agency has not been able to deport them yet and the Supreme Court has ruled that such individuals cannot be jailed indefinitely. Nearly 1 million of this group have final deportation orders, including 178,000 convicted criminals.

They include the Michigan doctor and Ragbir, the New York activist.

“It’s true that all these people are deportable, but that doesn’t mean they should all have equal value,” said Cecilia Muñoz, a former policy adviser to Obama who helped shape the administration’s tiered enforcement approach.

“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.

“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”

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

The Trump/Sessions/DHS “Gonzo” enforcement program that claims to be targeting criminals but actually busts lots of “collaterals” who are residing here peacefully and contributing to our society is a total sham. It has nothing to do with the “Rule of Law” or real law enforcement.

Unnecessary cruelty, wasting resources, arbitrariness, terrorizing communities, overloading already overwhelmed courts, and undermining the efforts of local politicians and law enforcement are not, and never have been, part of the “Rule of Law,” nor are they professional law enforcement techniques. They are part of the White Nationalist agenda to “beat up” on Latinos and other minorities, lump all immigrants in with “criminals,” stir up xenophobia, and throw some “red meat” to an essentially racist Trump/GOP “base.”

“By crowding the courts with all kinds of people, you’re creating a resource problem,” Muñoz said.

“If you apply that logic to local police forces, you’re saying that every robber and rapist is the same as a jaywalker. And then you’re clogging your courts with jaywalkers.”

Couldn’t have said it better myself!

As I say over and over, ICE under Trump is well on its way to becoming the most distrusted and despised “law enforcement” agency in America. That damage is likely to hamper their mission of legitimate enforcement well beyond the Trump era.

As some commentators have suggested, the only long-term solution might well be eventually dissolving ICE and turning the functions over to a new agency that will operate within the normal bounds of reasonable, professional law enforcement, rather than as a political appendage.

In the meantime, those who believe in American values and the true “Rule of Law,” should resist the out of control DHS at every step. While Trump and the GOP appear unwilling to place any limits on the abuses by the “ICEMEN,” Federal Courts have proved more receptive to the arguments that there are at least some outer limits on the conduct of law enforcement.

Join the “New Due Process Army” today!

 

PWS

01-12-18