⚖️🗽 WHAT DEMS SHOULD KNOW ABOUT THE BORDER — As Speculation Grows That Dems Will “Sell Out” Asylum Seekers To Get Aid For Israel & Ukraine, They Should Think About The Cruelty, Deadly Consequences & Inevitable Failure The GOP Seeks & The Real Costs Of Abandoning Human & Civil Rights —  “Deterrence won’t solve migration—it will only maim and mangle more men, women, and children.“

Border Death
Is it REALLY a good idea for Dems to trade war aid abroad for eradication of human rights and even more border deaths to appease right wing GOP extremists in Congress? — This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

From The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-political-pathology-of-border?r=330z7&utm_medium=ios&utm_campaign=post

We are happy to announce that we will be doing occasional guest op-eds here at The Border Chronicle, and today is our first. You probably remember Brian Elmore, the emergency-medicine resident physician who did a Q&A with Melissa last month. In this op-ed he vividly describes what border deterrence does to a person’s flesh, and he makes an eloquent call for its end. After 30 years of this strategy, which has proved both deadly and harmful for people crossing the border, it is our honor to publish this reckoning and call for action, especially since we are entering an election year (it is now November, after all).

Brian is also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute.

And lastly, !Feliz Día de Muertos! Todd

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

The Political Pathology of Border Deterrence: An Up-Close View of How This Policy Looks in the Emergency Room

“Deterrence won’t solve migration—it will only maim and mangle more men, women, and children. It will send more people to my emergency room. Some it will send to the morgue.”

. . . .

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

Read Dr. Elmore’s complete op-ed at the link.

So, exactly what makes “selling out” the legal, civil, and human rights of other persons a viable “strategy option” for Dem politicos, who certainly know better? See, e.g., https://www.politico.com/news/2023/11/02/biden-ukraine-aid-deal-00125125.  Sounds “pretty GOP” to me — selling rights that aren’t yours in the first place! See, e.g., Women’s Right to Choose & the “Forced Birth Movement!”

Dems shouldn’t believe that by abandoning asylum seekers and trashing both civil and human rights at the border they will gain any credit from the GOP or leverage from their xenophobic voters. They will just leave a trail of dead bodies and sow the seeds for the destruction of our democracy.

🇺🇸 Due Process Forever!

PWS

11-07-23

🇺🇸 COURTSIDE POLITICS: DEMS BAIL OUT McCARTHY, SAVE AMERICA (FOR NOW)! — NATIVIST IMMIGRATION NONSENSE STRIPPED OUT, BUT GOP THROWS UKRAINE 🇺🇦 UNDER THE BUS!🚌

Matt Gaetz (R-Outer Space)
Matt Gaetz (R-Outer Space)
The so-called mainstream media has seen fit to anoint this evil clown as the official spokesthing for the insurrectionist GOP.
PHOTO: X (formerly Twitter)

By Paul Wickham Schmidt

Courtside Exclusive

October 1, 2023

Saturday, at the 12th hour, GOP Speaker Kevin McCarthy (D-CA) finally did the obvious — reached out to Dems to save America from insurrectionist, anti-American GOP extremists by passing a last-minute continuing resolution that will fund American government until Nov. 17. 

All Dems except one (who was protesting the GOP’s pro-Putin defunding of Ukraine aid) voted for the House bill, while 90 GOP insurrectionists voted to tank America and manufacture a needless crisis. The bill passed the nominally Dem-controlled Senate in about 30 seconds, and was signed by President Biden before midnight. The message about which party is serious about governing for the common good is obvious to all real patriots, even if a shocking number of GOP voters have foisted these far-right GOP clowns upon the rest of us.

The mainstream media uses the namby-pamby misnomer “border security,” to refer to the GOP’s proposed racist-nativist attack on immigration, destruction of the long-established right to asylum, and bogus attempts to reinstate “proven to fail,” draconian deterrence measures. As happened when tried unsuccessfully in the past, the GOP would turn over control of border migration policies to cartels, smugglers, and organized crime, while deflecting attention and undermining law enforcement efforts to control human and drug smuggling. 

A true accounting for the GOP extremist agenda would clearly show how firmly on the side of Putin and border bandits today’s dangerous, “destroy America” GOP has become. Too bad the so-called “mainstream media” has so little interest in digging beyond the cosmetics on the border issues and Ukraine aid.

The mainstream media is also salivating about the bogus prospect of MAGA-maniac Matt Gaetz (R-Outer Space) unseating McCarthy. The fact that Gaetz is an extremist idiot who has nobody to replace McCarthy with doesn’t seem to have dawned on the “mainstreamers.” (“Matt Gaetz’s Motto is, ‘I’m an Asshole, What are You Going to Do About It?’” https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjnkLH8h9WBAxXPkYkEHcr5CdoQFnoECBIQAQ&url=https://buzzflash.com/articles/matt-gaetz&usg=AOvVaw2XoHad3KzJeQitggMsTve3&opi=89978449). 

In perhaps the ultimate example of clueless, Fox News inspired, “mainstream journalism,” CBS’s “This Sunday” saw fit to inflict Gaetz and his bombastic nonsense on hapless viewers today. NBC, on the other hand, maybe still smarting from new-host Kristen Welker’s disastrous, totally uncalled for, “inaugural” interview with a raving, incoherent, lie-spouting Trump, gave us wall-to-wall coverage of the Ryder Cup in place of “Meet the Press.” Honestly!

Look forward to more clownish theatrics and anti-American posturing from the GOP and their “Chief Clown” Trump, and more insipid reporting from the mainstreamers as America careens toward another likely GOP-generated “crisis” in mid-November. It’s NOT a “Washington problem! It’s purely a GOP that lacks any interest whatsoever in responsible governing.

🇺🇸 Due Process Forever!

PWS

10-01-23

🏴‍☠️KAKISTOCRACY UPDATE W/ CATHERINE RAMPELL @ WASHPOST: Trump’s Morally & Financially Bankrupt USCIS Stops Making Green Cards — Literally!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

By Catherine Rampell

July 9 at 7:30 PM ET

The Trump administration is turning legal immigrants into undocumented ones.

That is, the “show me your papers” administration has literally switched off printers needed to generate those “papers.”

Without telling Congress, the administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

. . . .

USCIS, which is funded almost entirely by fees, is undergoing a budget crisis, largely caused by financial mismanagement by political leadership. The printing disruptions are no doubt a preview of chaos to come if the agency furloughs about 70 percent of its workforce, as it has said it will do in a few weeks absent a congressional bailout.

In recent conversations with congressional staffers about cutting contracts to save money, USCIS mentioned only one contract, for a different division, that was being reduced — and made no reference to this printing contract, according to a person who took part in those discussions. The company that had this contract, Logistics Systems Inc., did not respond to emails and calls this week requesting comment.

The administration has taken other steps in recent months that curb immigration. Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another. The centers that collect necessary biometric data remain shuttered.

These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.

Under normal circumstances, immigrants who need proof of legal residency but haven’t yet received their green card would have an alternative: get a special passport stamp from USCIS. But amid covid-related changes, applicants must provide evidence of a “critical need,” with little guidance about what that means.

“The bottom line is that applicants pay huge filing fees, and it appears that these fees have apparently been either squandered through mismanagement or diverted to enforcement-focused initiatives, to the great detriment of applicants as well as the overall efficiency of the immigration process,” says Anis Saleh, an immigration attorney in Coral Gables, Fla. “The administration has accomplished its goal of shutting down legal immigration without actually changing the law.”

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

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

It should come as no surprise that an agency under unqualified White Nationalist Ken “Cooch Cooch” Cuccinelli is being run into the ground and has lost its mission through misdirection and mismanagement. That’s basically Cooch’s story in a nutshell as those of us know in Virginia, where we count ourselves most fortunate not to have him as our Governor.

I have written previously about how the regime’s “malicious incompetence” has bankrupted once self-sustaining USCIS while destroying our legal immigration and asylum systems that benefit the US and individual migrants and refugees in numerous ways. I made the rather obvious point that the House Dems should not bail out this regime on USCIS, but rather require that the money be found by reprograming funds from bloated, wasteful, ineffective, and inhumane DHS enforcement programs, starting with the wall.

https://immigrationcourtside.com/2020/07/07/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%a4%ae%f0%9f%91%8ekakistocracy-korner-trumps-malicious-incompetence-bankrupts-once-profitable-immigration-age/

The solution to maliciously incompetent freeloaders like the Trump immigration kakistocracy is not to provide more bailouts as rewards for their misconduct and mismanagement.

A recent report from the American Immigration Council shows how DHS enforcement spending has bloated to over $25 billion annually at then same time the Trump kakistocracy has mismanaged USCIS into bankruptcy. https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security

And, we haven’t really gotten much return on that investment, Here’s a key quote from the AIC Report:

What has this spending bought? The United States currently has roughly 700 miles of fencing along the Southern border, record levels of staff for ICE and CBP, as well as a fleet of drones, among other resources. Some of these resources have been spent on ill-conceived projects, such as the $1 billion attempt to construct a “virtual fence” along the Southwest border, a project initiated in 2005 that was later scrapped for being ineffective and too costly. CBP announced a similar project in July 2020 to install a total of 200 “Autonomous Surveillance Towers” along remote areas of the southern border at a reported cost of several hundred million dollars.

Even with record level spending on enforcement, enforcement alone is not sufficient to address the challenges of undocumented migration. It also has significant unintended consequences; according to U.S. Border Patrol statistics, the Southwest border witnesses close to one death per day. All of these efforts that have accumulated in the name of security, however, do not necessarily measure border security properly, or make the border more secure. It is past time for the United States to turn away from costly and haphazard efforts to secure the border and instead focus on reining in the costs of border enforcement.

I argue that the regime’s focus on removing folks who were peacefully residing in the U.S. and contributing to our economy, many with U.S. citizen family members who are then left in dire straits, has actually been detrimental to America, in addition to killing the Immigration Courts.

Likewise, the shutdown of our legal refugee, asylum, and immigration systems without legislation has not only placed our nation among the ranks of human rights violators and harmed or endangered human lives, but also deprived us of individuals with a powerful history of making outsized contributions to our society and our economy.

I doubt that a rational immigration policy and system that looked at the real national interest, rather than the mythologized White Nationalist, fundamentally racist version of it, would require such a huge, yet largely counterproductive, enforcement apparatus. At a minimum, costs for civil detention and removals could be cut substantially in a better system.

Due Process Forever! More public welfare handouts for the kakistocracy, never!

PWS

07-12-20

🏴‍☠️☠️⚰️🤮👎KAKISTOCRACY KORNER: Trump’s Malicious Incompetence Bankrupts Once-Profitable Immigration Agency — The Solution Is NOT More Public Assistance For The Regime’s Freeloaders!

 

https://www.washingtonpost.com/opinions/trump-brings-atlantic-city-style-bankruptcy-to-americas-immigration-agency/2020/07/03/a4619ff8-bc04-11ea-bdaf-a129f921026f_story.html

From the WashPost Editorial Board:

By Editorial Board

July 4 at 8:30 AM ET

AS A business mogul in Atlantic City, Donald Trump ran casinos that teetered continually toward bankruptcy, costing gullible investors well over $1 billion. Now President Trump’s policies have bankrupted the federal government’s main agency overseeing legal immigration, U.S. Citizenship and Immigration Services, which is on the brink of imposing furloughs on thousands of its employees and is begging Congress for a bailout.

USCIS, which handles green cards for permanent legal residents, manages citizenship procedures and vets visa applicants, depends for its operating revenue almost entirely on fees from “customers,” meaning immigrants. The business model Mr. Trump’s administration devised for USCIS was a recipe for financial ruin: deplete income by driving away fee-paying applicants and pile up expenses by hiring thousands of new employees. Little wonder that after three-and-a-half years, USCIS has gone hat in hand to Congress, pleading for $1.2 billion. Without the extra funds — for an agency meant to be self-sufficient — USCIS has said more than 13,000 employees, of some 20,000 total workers, will be furloughed without pay indefinitely, starting next month.

Under Mr. Trump, USCIS has become a model of dysfunction. Perversely, that may be just fine with a White House that has been intent on deterring not only undocumented migrants but legal immigrants as well. It has done the latter largely through a matrix of policies that have made the agency much less a means by which immigrants are connected with U.S. employers and reconnected with relatives living in this country, and much more a nearly impassable obstacle course.

Well before the pandemic, applications for an array of immigrant categories plummeted as word spread that layers of new rules and vetting were driving down approval rates, and even trivial mistakes such as typos in applications would trigger rejections. In-person interviews were added as requirements for applicants who had not previously needed them, including skilled workers already in the country who needed visa extensions. Green card applications slumped in the Trump administration’s first two years and might fall further as applicants learn they would be disqualified if deemed likely to need public benefits such as subsidized housing or food stamps. The pandemic accelerated the agency’s death spiral as revenue derived from fees has dropped by half since March.

The effect of a mass furlough of USCIS staff would be to throw even more grit into the bureaucratic gears, further slowing approvals for work permits, including for high-skilled immigrants, and green cards. If the administration is intent on breaking the nation’s complex immigration machinery, which has supplied American businesses with the talent and energy of millions of employees, it is on the right path.

Employers are alarmed at the prospect of such a breakdown, with good reason. Virtually every sector of the country’s economy depends on a steady supply of immigrants, which in itself is justification for Congress to reassess USCIS’s fee-based model. Immigrants have provided the spark, drive and muscle that have driven growth and success in the United States since its founding. Given their contributions, it seems a gratuitous burden that they are also required to shoulder the cost of their admission to the country.

***************** 

The solution is actually very simple. Congress should require DHS to reprogram the necessary funds to run USCIS from the unneeded wall, unnecessary and often illegal immigration detention, and counterproductive civil deportations. All private detention contracts should be terminated and the money repurposed to USCIS. There should be a moratorium on DHS removals until USCIS is back in full operation and has eliminated all backlogs. Fee increases should be barred. 

Exceptions should be made allowing deportations for those convicted of “aggravated felonies” and those whom the DHS can show by clear and convincing evidence entered the U.S. illegally after the date of enactment, following an opportunity for a full and fair hearing before a U.S. Magistrate Judge at which they will have an opportunity to apply for asylum and other protections without regard to any regulation or precedent decision issued during the Trump Administration. Appeal from any adverse decision may be had by either party to the U.S. District Judge and from there to the Court of Appeals with an opportunity to petition the Supreme Court for review. U.S. District Judges shall have the option of designating sitting U.S. Immigration Judges (but not anyone who has served a BIA Appellate Immigration Judge) with five or more years of judicial experience to serve as a “Special U.S. Magistrate Judge” to hear such immigration cases.

If Democrats can’t get a “veto proof majority” in both houses, they should just let the USCIS remain in bankruptcy until we get better Government. Like the rest of the Trump immigration kakistocracy, USCIS is a dysfunctional mess 🤮 that serves no useful purpose under current conditions. 

Welfare Reform: We’ve identified the largest group of “welfare cheats” in U.S. history. Collectively, this gang of public benefits fraudsters is known as “The Trump Administration.” Its Members are worse than useless. We are actually paying them to pollute our environment, inhibit our voting, spread deadly disease, block access to health insurance, undermine scientific truth, destroy our justice system, defend Confederate statues, spread racism and hate, commit crimes against humanity, turn our nation into a despised international laughingstock, and often line their own pockets and pockets of their cronies with ill-gotten loot while doing it. 

But we have it in our power to end these gross abuses of our public purse and to throw this dangerous band of indolent sponges on society off the public dole! This November, vote like your life and the future of our nation depend on it! Because they do! 

PWS

07-06-20

BESS LEVIN @ VANITY FAIR: BULLY-IN-CHIEF “THREATENS STOCK MARKETS!” – “What’s he going to do to the ‘Stock Market’? Fire it? Send it back to its country of origin? Demand it produce its long-form birth certificate?” – NOW THAT THEY ARE IN CHARGE, GOP “SPENDS LIKE DRUNKEN SAILORS,” LEAVING POOR, MIDDLE CLASS, AND FUTURE GENERATIONS TO PICK UP TAB FOR TAX CUTS THAT LINE FAT CATS’ POCKETS!

https://www.vanityfair.com/news/2018/02/trump-stock-market-big-mistake

Bess writes:

“Earlier this week, the Dow Jones Industrial Average plummeted a record-setting 1,597 points, the biggest point decline in history during a single trading session. Donald Trump, who has patted himself on the back for gains in the stock market on a near daily basis since becoming president, was uncharacteristically silent on the matter, while the White House suddenly claimed it was focused on the long-term health of the economy, rather than short-term market fluctuations. However, given his uniquely thin skin, not to mention the fact that the Dow dared to take a nosedive in the middle of one of his speeches, it was only a matter of time before the president weighed in on the matter.

What we expected: perhaps an angry rant sent from his bed in the East Wing, or maybe a targeted attack on one of the many experts who have said, more or less, that he was a fool for tying himself to the market. (Trump may “fancy himself a great expert,” Horizon Investments chief global strategist Greg Valliere told me, but “the markets are . . . tricky and they’re really humbling. Not to be cliché, but you live by the sword and you die by the sword.”) But never in our wildest dreams did we imagine Trump’s counterattack would be something so magnificent as this:

It’s only one tweet. But there’s so much to appreciate:

  1. When Trump says the stock market went down because of “good news,” what he’s referring to is the fact that many have attributed Monday’s drop (as well as last Friday’s) to the strong U.S. employment numbers which, among other things, are leading traders to fear higher wage demands and rising inflation, at a time when the economy is getting a giant, yuuuge stimulus in the form of the tax cuts. Trump was actually warned by a lot of people, who he didn’t listen to, that given where unemployment was—at a multi-year low—and the relative strength of the economy, now was the exact wrong time for a stimulus. (“Passing the tax reform bill is like throwing a small cup of gasoline on a fire that’s already burning,” one expert said.) But he did it anyway, because he’s stupid, and now the markets are worried about a recession (which Trump was also warned about).
  2. You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.
  3. Isn’t it great that Trump believes he can bully and intimidate the “Stock Market” like he does his political enemies? What’s he going to do to the “Stock Market”? Fire it? Send it back to its country of origin? Demand it produce its long-form birth certificate?
  4. We’re calling it now: the president is one indignity away from giving the stock market a derogatory epithet. Watch your back, Liddle Stock Market! Fake Tears Stock Market! Low Energy Stock Market! Sad!

Trump (probably) won’t get another shutdown, after all

On Tuesday, the president of the United States said that he’d “love” to see the federal government shut down should Democrats fail to give him what he wants re: cracking down on illegal immigration. But for once, lawmakers do not seem inclined to oblige him. On Wednesday, Senate leaders announcedthat they’d reached a bipartisan spending agreement. And not just anyspending agreement, but a real deficit-buster that will raise spending caps by roughly $300 billion over the next two years. According to The New York Times, the limit imposed on military spending—by a 2011 deal “once seen as a key triumph for Republicans”—will be increased by $80 billion for the current fiscal year and $85 billion for the next one. Nondefense spending will increase by $63 billion this year and $68 billion next year. And while most Republicans have long since given up pretending to care about “fiscal responsibility,” not everyone is pleased.

Jason Pye, vice president FreedomWorks, told the Times that the deal “isn’t just fiscally irresponsible, it’s an abomination,” adding that “no one in Congress who claims that they’re a deficit hawk or a fiscal conservative can justifiably vote for [it].” Freedom Caucus leader Jim Jordan was practically in tears over the idea that Paul Ryan, whom he thought he could trust, would betray his Ayn Randian ideals in such a heinous fashion. Calling the agreement a “monstrosity,” he fumed to Politico “I just never thought that Speaker Ryan—with his history and his background in budget issues, and his concern with the debt and deficit issue—I just never thought that this would be something that the Congress would put forward.” Freedom Caucus member Mo Brooks likewise told reporters, “I’m not only a no; I’m a hell no,” and basically compared the deal to a narcotic: “This spending bill is a debt junkie’s dream,” he said. “Quite frankly, I’m astonished that the Republican Party seems to be the party of big government in this day and age.”

Nancy Pelosi also said she wouldn’t support the budget, but for reasons that Jordan would sooner spit in his mother’s face than get behind. From the House floor, Pelosi said that without an accompanying commitment from Ryan or Mitch McConnell to debate legislation to protect Dreamers, “[the] package does not have my support, nor does it it have the support of a large number of members of our caucus.”

Read the rest of the “Levin Report” at the link.
Another “right on” observation:
  1. “You know he has literally no idea how modern financial markets operate and that his basis for the stock market is a bunch of guys holding up little pieces of paper and shouting on the floor of the stock exchange.”

Kind says it all about what Trump voters and the GOP are doing to America. Ignorance, arrogance, bullying, incoherence, irrationality — what more could we ask for in a “Supreme Leader?” Let’s celebrate with a big (expensive) parade!

PWS

02-08-18

 

TAL @ CNN: SENATE BUDGET DEAL FACES UNCERTAIN PROSPECTS IN HOUSE – But, “Dreamers” Appear Likely To Be “Left Behind,” At Least For Now!

 

http://www.cnn.com/2018/02/07/politics/house-democrats-daca-budget-deal/index.html

“House Democrats face choice over budget deal

By Tal Kopan, CNN

As lawmakers announced a budget deal that would address many of the issues stymieing Washington — with the key exception of immigration — House Democrats on Wednesday were feeling the heat.

Minority Leader Nancy Pelosi took to the House floor Wednesday to warn she would not support the burgeoning deal without a commitment from House Speaker Paul Ryan that the Republican-controlled House would hold a debate and vote on immigration legislation as his Senate counterpart Mitch McConnell has pledged, setting up a potential standoff.

The two-year deal that leadership announced on the Senate floor would set domestic and defense spending levels, push back the debt limit and resolve some outstanding issues Democrats have pushed for like support for community health centers and disaster relief money.

But left out of the deal would be a resolution for the Deferred Action for Childhood Arrivals policy that Trump is ending — and House Democrats have long been steadfast they would not support government funding without it.

The Senate is close, nevertheless, to sending the deal to the House with a continuing resolution that would fund the government into March, squeezing Democrats to risk rejecting a budget compromise over DACA alone, a position they have actively sought to avoid. Democratic votes in the House haven’t been necessary to pass continuing resolutions this year, but a number of House conservatives are expected to oppose the budget deal because of the domestic spending levels. That will force Democrats’ hand.

“The budget caps agreement includes many Democratic priorities,” Pelosi said in a statement. “This morning, we took a measure of our caucus because the package does nothing to advance bipartisan legislation to protect Dreamers in the House. Without a commitment from Speaker Ryan comparable to the commitment from Leader McConnell, this package does not have my support.”

Some Democrats were already backing up Pelosi as the deal was announced Wednesday afternoon.

California Rep. Eric Swallwell said while he supports a DACA fix, his concern was more about the size of the deal.

“I still have a real problem dramatically increasing the caps, adding to the deficit, when we just added $2 trillion for the tax plan. So if (Republicans) want to roll back their tax cuts so that we don’t have such a deep, deep deficit, I would be more receptive to that,” Swallwell said.

Congressional Hispanic Caucus member and California Democratic Rep. Nanette Diaz Barragán said Democrats should not accept a funding deal without what they’ve asked for.

“No, I think that we aren’t using all the leverage we have and that’s a disappointment and I won’t support it,” she said. “We as a caucus have talked about making this one of our leverage points and using this as a leverage point. I hope that we continue to do that.”

But the objection wasn’t universal, and the mood in a House Democrat caucus meeting this morning that convinced Pelosi to speak on the floor was split, according to a Democrat in the meeting. Some were “understandably upset” about not including DACA recipients and there was “generally a lot of frustration.”

But others raised questions, asking, “What is our plan? What is our message? How are we going to win this?” After the last shutdown members are still unclear on the path forward and expect the Senate to pass this, leaving them little room. The source said there is a lot in the deal that many Democrats support, including the increase in domestic programs.

This source told CNN “a lot of people are going to vote for it. It’s not a situation where we can hold all our members.”

It’s unclear if Democratic leadership will whip against the bill. Asked Wednesday if leadership is instructing its members any particular way, House Democratic Caucus Chairman Joe Crowley demurred.

“People in our caucus will do what they think is in the best interests of their constituents and for the country,” Crowley said.

And Crowley didn’t commit to supporting or rejecting the deal.

“There is more to this deal than the issue of immigration,” he said, referencing the disaster relief money, in particular. “It is very complex. This There? is much more to this than simply one-off issues. And we’ll have to look at that in totality.”

Unlike recent past government funding deadlines, House Democrats have been holding their fire in pressuring their Senate colleagues to reject a deal that doesn’t address DACA. That has largely been because of McConnell’s promise to turn to a “fair” process on immigration after February 8, when the deadline comes.

“It’s hard, because we want them to be clear that this is reckless by the Republicans, but we are also clear that they want to keep the Senate and Congress moving so they have an opportunity, not just at getting a full year (funding) — stop doing (continuing resolutions) — but also to deal with other issues including DACA, by getting a vote on something,” said on Tuesday.

The Congressional Hispanic Caucus has been one of the loudest voices for rejecting funding without an immigration deal, even marching from the House side to Senate Minority Leader Chuck Schumer’s office in December to urge him to hold the line. That pressure isn’t there this time.

“I don’t sense any,” said Arizona Democratic Rep. Raul Grijalva, a member of the caucus. But, he added, there’s “some trepidation” about the Senate process because of what could be added to a neutral bill — both in the Senate and the House.

“This has been the black hole for immigration, the House of Representatives, since I’ve been here, 15 years, and nothing comes out of here, and whatever goes to conference, if the House leadership has any say, it will get uglier,” Grijalva said.

But while Democrats were keeping their powder dry on a continuing resolution, as talk of the caps deal being near circulated, one Democratic House member said on condition of anonymity to discuss dynamics, that began to change. Tuesday night and Wednesday morning brought a flurry of communications between members, the lawmaker said.

“There is more support than yesterday on holding the line,” the member said Wednesday. “We shouldn’t negotiate the caps away without a DACA fix.” 

CNN’s Phil Mattingly, Deirdre Walsh and Sunlen Serfaty contributed to this report.”

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

I can’t see any “Bipartisan Dreamer Bill” along the lines being discussed in the Senate that will be able to pass the House as long as the GOP is in charge and Paul Ryan is the Speaker.

I also don’t see a “House Dreamer Bill” passing. The “Goodlatte Bill” — favored by many in the GOP –is so miserly in its Dreamer protections and has so much of the Administration’s White Nationalist restrictionist agenda attached that all or almost all Democrats and probably a “good-sized chunk” of “moderate” Republicans are likely to be able to defeat it.

But, while the Democrats and the GOP moderates in the House might be able to come up with a more reasonable proposal that actually could pass, like the Hurd-Aguilar Bill, under the “Hastert Rule,” Speaker Ryan won’t bring it to the floor for a vote because the bill would rely on a majority of Democrats for passage.

Given the foregoing scenarios, I don’t see where forcing another shutdown gets the Democrats. With the GOP and the White House opposed to including a narrower “Dreamers-Border Security Only” (only two of Trump’s “four pillars”) in a Budget Agreement, there isn’t a feasible “end game” for the House Democrats. They could force a shutdown, but I don’t think they will be able to force the GOP to include Dreamer protection in a Budget deal. So, ultimately, they will have to “fold,” as has happened in the past.

So, what’s the best result I could see for the “Dreamers” right now: 1) eventually getting a “temporary extension” of DACA from Congress, or  2) an “indefinite hold” on DACA recision from the Federal Courts (which wouldn’t preclude the Administration from going through a “Notice and Comment” regulatory process to repeal DACA). Either of those would only help those who qualify for the current DACA program — not the “expanded DACA” group. Either way, permanent relief for the Dreamers is likely to require “regime change” at least at some level.

PWS

02-07-18

EVEN AS NEGOTIATORS NEAR SENATE BUDGET DEAL, TRUMP WORKS TO UNDERMINE COOPERATION AND PROMOTES SHUTDOWN!

https://www.washingtonpost.com/powerpost/spending-plan-remains-unsettled-as-clock-ticks-toward-shutdown-deadline/2018/02/06/1639ab26-0b53-11e8-8b0d-891602206fb7_story.html?hpid=hp_rhp-top-table-main_pp-shutdown-3pm%3Ahomepage%2Fstory&utm_term=.e12ac63f105d

Mike DeBonis and Erica Werner report for WashPost:

“Top Senate leaders said Tuesday that they were approaching a sweeping two-year deal to increase federal spending, which would clear a legislative roadblock that has kept Congress spinning its wheels for months.

Despite the optimism, no final agreement was in hand with less than three days until a Thursday midnight deadline, and even as congressional leaders were projecting optimism, President Trump was raising tensions by openly pondering a shutdown if Democrats did not agree to his immigration plan.

“I’d love to see a shutdown if we don’t get this stuff taken care of,” Trump said at a White House event focused on the crime threat posed by immigrants. “If we have to shut it down because the Democrats don’t want safety . . . let’s shut it down.”

Those comments came at the same time Senate Majority Leader Mitch McConnell (R-Ky.) and Minority Leader Charles E. Schumer (D-N.Y.) were telling reporters that a breakthrough was at hand — one that would deliver a defense spending boost Trump has long demanded as well as an increase in the nondefense programs championed by Democrats.

“We’re on the way to getting an agreement and on the way to getting an agreement very soon,” McConnell said. Schumer echoed the optimism moments later: “I am very hopeful that we can come to an agreement, an agreement very soon.”

Trump’s remarks, at least initially, appeared unlikely to snuff out the negotiations, which mainly involved lawmakers and their aides — not Trump and his White House deputies — and have largely steered clear of the explosive immigration issue.

The deal to lift congressional spending caps through 2019 could be the only solution to a legislative puzzle that has already required four temporary spending bills to keep the government open since the fiscal year began on Oct. 1.

The House is set to vote Tuesday evening on a spending bill that would fund the military through September at boosted levels but leave other agencies running on fumes until March. That plan would be amended in the Senate, where Democrats are holding out for a matching increase in nondefense spending.”

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Read the rest of the story at the link.

Doing his best to destroy government and make America as dysfunctional as he is. Vladi must be delighted!

PWS

02-06-18

ELIZABETH BRUENIG @ WASHPOST GIVES THE MORAL ARGUMENT FOR A USG SHUTDOWN!

https://www.washingtonpost.com/opinions/democrats-should-shut-down-the-government-to-protect-innocent-people/2018/01/11/bc992c0c-f6ff-11e7-a9e3-ab18ce41436a_story.html

Breunig writes:

“If Congress cannot agree on a budget plan by Jan. 19, the government will shut down. This isn’t the outcome anyone wants. But Democrats ought to start steeling themselves now: If the Republican majority’s budget plan leaves the “dreamers” in limbo, fails to supply desperately needed aid to Puerto Rico and coastal states battered by natural disaster, or allows the Children’s Health Insurance Program (CHIP) to wither away, Democrats need to be ready to shut the whole thing down.

It is necessary to recognize the damage a shutdown could cause in the course of recommending, as I am, that the Democrats prepare to let it happen. If the outcome were sure to be harmless, the possible costs would be small. But the moral stakes of this budget negotiation are extraordinarily high. Taking a stand for dreamers, children and disaster-stricken citizens will come with a price.

Trump has said a shutdown could be politically useful for him, and Democrats seem nervous. It’s hard to predict, at this point, which party (if either) a shutdown would benefit: Republicans could wind up with the blame, but they could also gain from underscoring the notion that government is broken. As Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities and a Post contributor, warned me on Wednesday: “These government shutdowns feed into a narrative that is not politically neutral.”

There are practical concerns, too. “The biggest impact tends to be on people who work for the government [and] are nonessential employees,” Bernstein said. During past shutdowns, nonessential employees have been paid after the fact, but there is no guaranteeCongress would elect to do the same this time. Bernstein added that a shutdown would be “a ding to the economy” and “massive inconvenience,” putting all kinds of activities — from sorting out Social Security questions to visiting national parks to getting passports renewed — on hold. A shutdown wouldn’t grind daily life to a halt. But it would affect millions, with serious ramifications for many.

But there are potential strategic upsides for Democrats. For one, triggering a shutdown could demonstrate that Democrats take the interests and desires of the American people seriously. “The public wants CHIP, Puerto Rico and Texas to get relief, and wants to protect dreamers,” said Ben Wikler, Washington director of MoveOn.org. “Keeping all these priorities on hold in a perpetual game of kick-the-can doesn’t actually line up with what most Americans want.”

In an October Kaiser Family Foundation poll, 62 percent of respondents said Puerto Rico has not received the help it needs in the wake of Hurricane Maria; a November Kaiser survey likewise found that 62 percent of Americans consider funding CHIP a top priority — far above tax reform or strengthening immigration controls. In that same poll, only 16 percent of respondents said dreamers shouldn’t be allowed to remain in the country. Likewise, a Post-ABC News poll found that 86 percent of Americans want dreamers to be allowed to stay.

But it isn’t just the premise of democracy or the possibility of 2018 advantage that demands relentless commitment to these three causes. It’s ordinary morality.

The beneficiaries of CHIP, disaster aid and Deferred Action for Childhood Arrivals are innocent insofar as none of them brought onto themselves the statuses that have made them vulnerable. It is important to understand them as innocents at the mercy of a merciless faction; otherwise the harms they face might appear more morally complicated than they are. As the Roman Catholic Archbishop José Gomez recently wrote: “It would be cruel to punish [dreamers] for the wrongs of their parents, deporting them to countries of origin that they have never seen, where they may not even know the language.” It would likewise be cruel to allow children with diabetes to die for lack of insulin or to plunge poor families deep into debt because they happened to have a child with a disability. The same can be said for those who had the misfortune of living in areas struck by storms, the ne plus ultra of situations one didn’t cause and cannot prevent.

A shutdown would cause real problems for real people. It is, in the words of Wikler, “something to be avoided if possible, but not at the expense of fundamental priorities.” What is remarkable about the priorities at hand, however, is that they have no business being articles of compromise. These aren’t ordinary policy squabbles; they constitute a choice between America as a humane nation with democratic principles and America as a negligent sovereign with a dim future. The protection of innocents shouldn’t be up for debate. But it is. And Democrats can’t back down.”

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As a “Retired Fed” and a lifelong “Good Government” advocate who values the career Civil Service and what it does for America, I sure hate Government shutdowns! I’ve been through a number of them, some as an “essential” Senior Executive and some as a “non-essential employee.”

But, I think Breunig makes a strong argument that there are some issues that can’t really be “compromised” because they cross over strongly held moral and ethical values.

 

PWS

01-14-18

Trump Dumps On Feds — Budget Full Of Lumps Of Coal For Career Civil Servants Who Keep USG Running N/W/S Trumpsters’ Stunning Incompetence!

https://www.washingtonpost.com/news/powerpost/wp/2017/05/18/trumps-budget-calls-for-hits-on-federal-employee-retirement-programs/?hpid=hp_hp-cards_hp-card-fedgov%3Ahomepage%2Fcard&utm_term=.490caac3fe4f

Joe Davidson writes in the Washington Post:

“The budget proposal President Trump plans to unveil Tuesday would give to federal employees with one hand, while taking away with five others.

It calls for a 1.9 percent pay raise in January for civilian workers and a 2.1 percent hike for the military.

But in real terms, the civilian increase would be less than it looks if proposed hits on retirement benefits are adopted. Trump’s fiscal 2018 budget would:

Increase Federal Employee Retirement System (FERS) contributions from workers by 1 percentage point each year until they equal the government’s contribution. This would take five to six years and would result in increased out-of-pocket payments of about 6 percent over that period. Out-of-pocket payments by federal law enforcement officers would increase by the same amount, but would not equal the greater contributions from law enforcement agencies.
Base future retirement benefits on the average of the high five years of salary instead of the current high three
Eliminate cost of living adjustments (COLA) for current and future FERS employees
Cut the COLA for Civil Service Retirement System (CSRS) employees by 0.5 percent from what the formula would allowed
Eliminate supplement payments for FERS employees who retire beginning in 2018. The supplement approximates the value of Social Security benefits for those who retire before age 62.
FERS, which covers employees first hired after 1986, and CSRS have different requirements. Those covered by CSRS, for example, do not receive Social Security benefits.

Senior Office of Management and Budget officials, who declined to be identified because the budget has not been released, said that the increase in retirement contributions would not apply under CSRS because the employer and employee shares under that system already are equal.

Similarly, they said that eliminating the FERS retirement inflation adjustment while only reducing it for those retired under CSRS takes into account that FERS retirees receive Social Security, which is fully inflation-adjusted, as part of their benefits.

The retirement changes supposedly would take effect with the fiscal year that begins in October. Since the federal budget rarely is finished by that deadline, any measure including them likely would set a different effective date.

Most of these proposals have been in the Republican playbook for years. With that party now in control of the White House and Congress, chances increase that some or all of them will become law, even as the probability is low that Trump’s entire budget will be enacted as proposed.

The thought of Trump’s assault on federal retirement programs becoming law enrages federal employee leaders.”

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As pointed out by Davidson, this slap in the face to hard-working career Feds is based on a longstanding GOP “wishlist.”

PWS

05-20-17

STONEWALLED!! — Congress Says “NO” To Trump’s Wall — Trims Back Requests For DHS Agents & Detention — Funds 10 New U.S. Immigration Judge Teams — Asks For 365 Day “Median” Court Case Cycle (Dream On, Dream On)!

Here’s the Section of the House Appropriations Committee Report relating to EOIR and the U.S. Immigration Courts:

"EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $457,154,000 for the Executive 
Office for Immigration Review (EOIR), of which $4,000,000 is 
from immigration examination fees. The recommendation is 
$29,003,000 above the request. The recommendation will support 
25 additional immigration judge (IJ) teams. In addition, the 
recommendation includes a $1,706,000 program increase for the 
modernization of mission critical systems and a $5,727,000 
program increase for infrastructure improvements. The 
recommendation sustains the current legal orientation program 
and related assistance, such as the information desk pilot. The 
recommendation does not include any funding to establish or 
fund a legal representation program.
    Assuring immigration regulation helps optimize strong 
enforcement.--The Committee is concerned with the pace of 
hiring and onboarding Immigration Judges funded in fiscal years 
2015 and 2016, and expects the Department to accelerate the 
recruitment, background investigation and placement of IJ teams 
to areas that have the highest workload. The Committee is 
alarmed that despite the increased resources provided to EOIR 
in fiscal years 2015 and 2016, the median days pending for a 
detained immigration case is 71 days and the median days 
pending for a non-detained case is 665 days. While the 
Committee understands that factors outside the control of 
Immigration Judges can affect case length, these median case 
times are unacceptable. The Committee directs EOIR to establish 
a goal that by the end of the fiscal year 2017 the median days 
pending of detained cases be no longer than 60 days, and the 
median length for non-detained cases be no longer than 365 
days. To monitor the progress in this effort, the Committee 
directs EOIR to continue to provide monthly reporting on EOIR 
performance and IJ hiring as specified in the statement 
accompanying the fiscal year 2016 Omnibus Appropriation Act.
    Court space.--The recommendation fully funds the request 
for additional court infrastructure and expects EOIR to use 
these funds fully to ensure that additional IJ teams have the 
necessary court space. However, the Committee is concerned that 
EOIR is not using all available EOIR or Department of Homeland 
Security (DHS) space. EOIR is directed to provide a report to 
the Committee within 90 days of enactment of this Act outlining 
its utilization of existing EOIR and DHS space and its plans 
for acquiring additional space in order to accommodate 
additional Immigration Judges.
    Visa overstay cases.--The Committee directs EOIR to submit 
a report, no less than 60 days after enactment of this act, and 
monthly thereafter, detailing the number of instances of visa 
overstay cases that have been adjudicated through the court 
system, and recommend steps to take in coordination with other 
agencies to streamline visa overstay adjudication procedures.
    To better understand the policy and practice of immigration 
courts in setting detainee bonds, the Committee directs the 
Executive Office for Immigration Review (EOIR) to report within 
120 days of enactment on how immigration judges use ``ability 
to pay'' criteria in determining the amounts of bonds, and the 
process for appealing such bond decisions. In addition, the 
report should include for fiscal years 2012-2016 the number of 
requests for reconsideration or appeals of bond amounts; how 
many requests or appeals resulted in reductions in bonds; and 
how many detainees did not pay bond set by an immigration 
judge."

The complete Committee Report, H.R. Rep. No.114-605, is available here: https://www.congress.gov/congressional-report/114th-congress/house-report/605
****************************************


And, here is the actual language from the Appropriations Bill:

“EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

This Act includes $440,000,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is derived by transfer from fee collections. This reflects funding for EOIR in a separate appropriation account, in lieu of being funded under the former Administrative Review and Appeals appropriation.

Within the funding provided, EOIR is directed to continue ongoing programs, continue the hiring process of new judges funded in fiscal year 2016, recruit and hire no fewer than 10 new Immigration Judge (IJ) Teams, and complete modernization of mission critical systems and improvements in infrastructure as described in the budget request.

Immigration Judge Hiring and Adjudication Backlog.-The Department shall accelerate its recruitment, background investigation, and placement of IJ teams and establish median days pending targets for cases (detained and non-detained) as specified in the House Report. For fiscal year 2017, EOIR shall continue to submit monthly performance and operating reports to the Committees on Appropriations, to include the status of its hiring and deployment of new IJ teams, in the format and level of detail provided in fiscal year 2016. In addition, not later than 60 days after the date of enactment of this Act, EOIR shall report to the Committees on Appropriations on visa overstay cases as directed in the House report.”


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

In the final version of the bill, Congress supported EOIR’s mission with increased resources.

Not surprisingly, the Committee was concerned about the glacial pace at which the DOJ hired new Immigration Judges authorized in FY 2015 & FY 2016. Attorney General Sessions says he has already taken steps to “streamline and expedite” IJ hiring, although I’m not aware of the details of the revised judicial hiring process.

The Committee was also critical of the failure of the
DOJ/EOIR to obtain sufficient space for additional Immigration Judges, noting that EOIR was not currently using all available space for Immigration Courtrooms.

Notwithstanding these problems, the bill provides for 10 additional Immigration Judge “Teams” (including support staff). This was in lieu of the 25 additional Immigration Judge Teams mentioned in the report.

The Committee was shocked by the “median times” for completing both detained (71 days) and non-detained (665 days) cases. It ordered EOIR to establish goals of 60 days median for detained cases and 365 days for non-detained cases.

The 60 day detained goals appears achievable, particularly because the Trump Administration is now diverting Immigration Court resources to the detained docket. However, the Administration’s apparent intent to increase both arrests and detentions could hamper that goal.

By contrast, the 365 day non-detained goal shows a massive disconnect in the Committee’s knowledge and understanding of the current Immigration Court system. With the backlog steadily rising under the Trump Administration to 570,000 cases, careening toward 600,000, with no end in sight, a 365 day  “goal” is right out of “Never-Never Land.”

Indeed, reassigning Immigration Judges from the non-detained to the detained docket to achieve a 60 day median is likely to result in further deterioration in the 665 day median for non-detained cases. And, 10 new IJs, while certainly very welcome, are a mere drop in the bucket — unlikely to make any significant dent in the backlog or the median time for non-detained cases.

The only ways to cut the median for non-detained cases to anything approaching 365 days would be by 1) doubling the size of the Immigration Judiciary (now at approximately 305), or 2) cutting the Immigration Court’s docket in half.

The former simply is not feasible in the foreseeable future, particularly given the DOJ’s inability to fill currently vacant IJ positions and to make realistic plans for expansion of courtrooms.

The second alternative could be achieved, but not the way the Trump Administration is proceeding. Instead of “jacking up” arrests, detention, and court dockets, the Administration would have to exercise discretion to pull the vast majority  of the 570,000 pending cases out of court and allow individuals without serious criminal records to remain in the U.S. Eventually, some type of legalization legislation would have to be developed with Congress.

Additionally, rather than expanding the priorities to include “almost anybody,” the Administration would have to further refine the Obama Administration priorities so that only those individuals convicted of serious crimes were targeted for removal proceedings.

The current system is heading for a massive “train wreck.” While the Committee’s support of the Immigration Courts is an important step in the right direction, it doesn’t come close to addressing the current dysfunctions at DHS and DOJ with respect to the Immigration Court system.

Finally, the Committee seemed interested in getting more information about the bond system in Immigration Court, with particular emphasis on whether and how Immigration Judges were considering “ability to pay” as part of the equation for setting bonds.

PWS

05-02-17