🏭 YES, WE CAN MANUFACTURE THINGS IN THE USA — THEY ARE DOING IT IN MAINE  — Asylum Seekers & Other Migrants🗽 Are A Key Part Of It — But, Bad Government Policies Promoted By GOP Restrictionists & Wobbly Dems Undermine Our Nation’s Future As a Manufacturing Powerhouse!🤯 

Rachel Slade
Rachel Slade
American Author, Editor, Journalist
PHOTO: Amazon

https://www.nytimes.com/2024/01/05/opinion/american-manufacturing-apparel-clothing.html?smid=nytcore-ios-share&referringSource=articleShare

Rachel Slade writes in the NYT:

. . . .

That summer, I met Ben and Whitney Waxman, husband-and-wife co-founders of American Roots, who had been making all-U.S.-sourced clothing like hoodies and quarter-zips in Westbrook, just outside of Portland, Maine, since 2015. When the country hit pause, the Waxmans worried that demand for their wares would dry up. Without revenue to pay the rent on their factory space and their workers’ salaries, they knew that they’d lose their company in a few months.

To avoid that fate, they could make things the country desperately needed: masks and face shields. So the Waxmans asked their workers if they would be willing to return if they did all they could to make the factory safe. It was a big ask — vaccines were still a year away and information about how the virus spread was limited. In spite of the risks, every single employee said yes, energized by the idea that they could make a real difference at a moment of crisis.

The Waxmans shut down their factory to retool it for safe mask production. By that summer, they nearly quintupled their staff from 30 to 140-plus workers who were cranking out tens of thousands of American Roots’ custom-designed face masks for emergency workers and employees across the country.

Ben and Whitney had founded their company with a mission: to prove that capitalism and labor can work together to create community, good jobs and great products. They chose apparel making because it was fairly easy to get into and all components could be sourced domestically. All they needed was a few sewing machines and an army of workers willing to show up day after day. For these reasons, apparel manufacturing was one of the first industries to get offshored when tariffs were dropped following the signing of NAFTA in 1992. As a Maine native, Ben believed he was bringing back that lost industry — the state had once been a textile powerhouse — and through his mother, who had founded a locally sourced blanket and cape business, he had connections to get them started.

. . . .

I spent time on the shop floor and in the homes of their dedicated workers, many of whom are new Americans, who, with their families, had fled untenable, dangerous situations in the Democratic Republic of Congo, Iraq, Angola and other countries, and had found themselves in Maine, eager to build new lives there.

While I was learning about the ups and downs of the textile and apparel industry, I was also introduced to labor history. Ben Waxman had spent a decade at the A.F.L.-C.I.O., the largest federation of unions in the country, representing 12.5 million workers, working closely with President Richard Trumka. During that time, he witnessed the impact of offshoring with his own eyes, standing shoulder to shoulder with factory men and women as their livelihoods were shipped abroad and their pensions dwindled.

Haunted by what Ben had seen, he and Whitney made sure their employees were unionized from the get-go, that their workers earned a living wage, and received health insurance, vacation time, and sick leave to care for themselves and their families. “Our company’s economic philosophy is ‘Profit over greed,’ ” he told me. “We have to make a profit, but it will never be at the expense of our workers, our values or our products.” In that way, the Waxmans were well positioned to attract and retain a work force in a tight labor market.

. . . .

But what do manufacturers really need to build a resilient domestic supply chain? Topping their wish list is universal health care, which would unburden small manufacturers of approximately $17,000 per worker with a family per year, allowing American companies to compete with foreign producers, especially the technologically advanced European factories which are attracting high-end brands looking to make quality products closer to home.

But we also need to talk about formulating a new industrial policy, just as Alexander Hamilton and George Washington did at the moment of the country’s founding. A manufacturing-first agenda, one not just focused on green energy production and chip manufacturing, would funnel government resources toward policies that manufacturers need to remain robust. That includes job-training programs, transportation infrastructure, research and development funding, sectorwide coordination and financing support in every industry. The policy would also take a hard look at tariffs and intellectual property laws to protect American innovation, and encompass broad, clear guidelines for collective bargaining and environmental standards.

Shifting this country back to making things requires cleareyed policy that would stimulate all kinds of production that would, in turn, lift up those abandoned by the new tech and service economy. But there are so many additional benefits. Manufacturing jobs pay better than average and require less education for entry than many other industries. Apprentices learn their craft by doing. Manufacturing also offers diverse opportunities for people who aren’t so inclined to sit in front of a computer eight hours a day. We’ll need programmers, machinists, inspectors, thinkers, inventors, tinkerers: people who enjoy building things and working closely with machines that move and learn.

. . . .

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

Read Rachel’s full article at the link.

These are the things that “smart government” should be investing in for our future. Instead, politicos, including some so-called “fiscal conservatives,” are proposing outrageously expensive, cruel, counterproductive immigration enforcement gimmicks supposedly designed to discourage the very workers, innovators, entrepreneurs, and investors that American manufacturing needs, not to mention reducing the potential pool of eventual U.S. consumers. 

Repealing or undermining “Obamacare” — as many in the GOP advocate — is pure idiocy! Exactly the WRONG direction for America!

Sound like disconnects? That’s because they are! Ones that responsible voters should no longer put up with!

The GOP’s racist rants about asylum seekers, and the failure of some Dem politicos to push back hard, is bad for America. They fly in the face of two truths: 1) American benefits from immigration, and 2) many of the immigrants we need are already here or at our borders. Instead of thinking of ways to screen and welcome them, we are wasting money and resources trying to deport them, deny or delay their legal work authorization, and discourage them from coming.

A recent report by Don Lee in the LA Times put it very succinctly:

And that resurgence of immigration has not only given the U.S. a modest gain in total population but also done something far more vital for the economy: It has fueled the nation’s workforce in the last year.

https://www.latimes.com/business/story/2024-01-09/california-immigration-driving-population-labor-force-growth?utm_id=123161&sfmc_id=2413253&skey_id=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef

🇺🇸 Due Process Forever!

PWS

01-10-24

☠️🤯 CAL. PRISONS ILLEGALLY REFERRING U.S. CITIZENS FOR REMOVAL, REPORTS ACLU, LA TIMES!

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Source: LA Times website

Andrea Castillo reports for the LA times:

https://www.latimes.com/politics/story/2023-08-29/californa-prisons-ice-records-us-citizens

WASHINGTON —  On Aug. 18, 2022, a records department employee at the California Correctional Center emailed federal immigration authorities a list of people they believed could be subject to deportation. The list noted that most of those named were born outside the U.S. or had an unknown birthplace. But 12 people were listed as having been born in this country.

That email was obtained by the American Civil Liberties Union of Northern California and shared with The Times. The advocacy group says California Department of Corrections and Rehabilitation staff routinely assume people in their custody are deportable immigrants — even when their own records indicate they are U.S. citizens or immigrants who should not be deported — and report those individuals to U.S. Immigration and Customs Enforcement while denying them rehabilitation opportunities.

The records stem from a public records request filed last year by the ACLU NorCal, which sought communications between the California Department of Corrections and Rehabilitation, or CDCR, and ICE. The ACLU and other advocacy groups said they analyzed about 2,500 uniquerecords from August and September 2022, during which the agency transferred more than 200 people from CDCR facilities to immigration custody.

The groups detailed the results in a report to be published Tuesday that they say describes the practices employed by the CDCR in cooperation with ICE and provides examples of alleged actions by department staff that are discriminatory, including against immigrants.

“In their zeal to collude with ICE, CDCR is not only targeting people who have served their time and are set to return home for detention and deportation but is also sweeping up U.S. citizens and Green Card holders, relying on racist assumptions and ignoring their own records,” the report states.

. . . .

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

Read the rest of Andrea’s report at the link.

Totally outrageous!

🇺🇸 Due Process Forever!

PWS

08-30-23

😇🙏🏽SANCTUARY, A TIME-HONORED ANTIDOTE TO CRUELTY & STUPIDITY, PUTS AMERICA’S 🇺🇸🗽BEST FOOT FORWARD 👏: “It means treating [migrants] like humans in need rather than pawns.”

MATTHEW 25
Holy card ( 1899 ) showing an illustration to the Gospel of Matthew 25, 34-36 – rear side of an obituary.
Wolfgang Sauber
Creative Commons Attribution-Share Alike 4.0

https://www.latimes.com/opinion/story/2023-06-21/la-ed-sanctuary-cities

From the L.A. Times Editorial Board:

Editorial: Sanctuary cities are working just fine, thank you

When Republican Govs. Greg Abbott of Texas and Ron DeSantis of Florida bused and flew migrants to Los Angeles, New York, Washington, D.C., and other so-called “sanctuary cities,” they might have envisioned they were exporting the same chaos as border states have experienced as they grapple with a historic number of migrants. They wanted leaders in these cities to admit they were wrong about their immigrant-friendly policies.

Earlier this month, Abbott sent migrants on a bus to Los Angeles. And DeSantis has admitted he dispatched migrants on two chartered flights to Sacramento a few days earlier, luring them with false promises of housing, shelter and legal help.

But Abbott and DeSantis are mistaken if they think they are teaching cities with sanctuary polices any lessons with their inhumane political stunts or causing their leaders to rethink their commitment to not treating migrants as criminals.

Those governors and their political allies also seem to be confused about what it means when cities have sanctuary policies. Though policies vary, providing sanctuary means not turning migrants over to federal immigration authorities simply for being in the country illegally. It means treating them like humans in need rather than pawns.

OPINION

Editorial: Migrants flown to Sacramento are human beings, not political pawns

June 5, 2023

That’s what leaders in Los Angeles, Sacramento and other “sanctuary cities” did as buses and planes dumped dozens of tired and often confused migrants on their doorsteps in recent months. They rallied attention and resources, while religious and other nonprofit organizations stepped up to welcome the migrants with shelter, food and clothes. In some instances, these migrants have even found temporary jobs, illustrating the need for their labor.

Abbott and DeSantis may also not realize that sanctuary policies were designed to help law enforcement keep communities safe. Sanctuary policies were developed because police in many cities such as Los Angeles were frustrated because undocumented immigrants were not reporting crimes or stepping forward as witnesses for fear of deportation.

Critics say these sanctuary cities have laws and policies that shield criminals and obstruct federal immigration policies. But cities with sanctuary policies have lower than average crime rates, higher household incomes and lower poverty rates, according to various studies.

Local authorities did not refuse to cooperate with immigration enforcement, as critics claim. They simply limited the role of local law enforcement in immigration cases, for example, by not using local police to do immigration checks or by not holding an undocumented immigrant in custody for a few extra days to serve federal authorities’ schedules.

OPINION

Editorial: There’s a crisis at the border all right, but one created by political posturing

Sept. 20, 2022

Los Angeles is in the midst of transitioning from a “city of sanctuary” to “sanctuary city.” The difference is more than just semantics. The former designation is little more than a statement by city leaders in 2017 that they opposed then-President Trump’s dehumanizing anti-immigrant policies, which included separating young children from their parents. Some of those children have yet to be reunited with their parents years later. Earlier this month, the City Council voted to strengthen the policy by banning city personnel or resources from being used for immigration enforcement.

It’s true that the transports of migrants by the Texas and Florida governors have been inconvenient to cities such as Washington and New York, which have had to scramble to find housing and other resources. But they haven’t done a thing to undermine the foundation on which sanctuary policies were built.

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

The money wasted by these GOP nativist neo-fascists could much better be spent on coordinated efforts to help asylum seekers to help themselves and our nation in the process. Obviously, GOP states like Florida and Texas have money to  burn. 

Also, to the extent that cities “targeted” by these GOP White Nationalist Governors have persevered in the face of  attempts to sow chaos, it has been largely without the coordination, guidance, and leadership of the Biden Administration. Seems like that should be “low hanging fruit” for progressive Democrats to change!

🇺🇸 Due Process Forever!  

PWS

06-25-23

🇺🇸🗽😎 FACED WITH GOP GOV’S CRUEL STUNTS, BIDEN ADMINISTRATION’S INDIFFERENCE TO HUMAN RIGHTS, GOOD FOLKS IN SACRAMENTO JUST “DO THE RIGHT THING” & WELCOME MIGRANTS — “I’m hoping to have a good life here and I was welcomed with open arms,” one woman wrote. “I want to work and serve. We are here to help.”

Mackenzie Mays
Mackenzie Mays
Politics & Government Reporter
LA Times
PHOTO: Twitter

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=fbb1f5c1-f13f-4dac-b153-d626bff1ae79

Mackenzie Mays reports for the LA Times:

With clothing, food and shelter, church groups aid people flown to California on chartered flights arranged by Florida officials, which many in this state call a political stunt

By Mackenzie Mays

SACRAMENTO — On the same day that Florida Gov. Ron DeSantis’ administration took responsibility for sending dozens of migrants seeking asylum to California, the volunteers and organizers inside the Trinity Episcopal Cathedral of Sacramento refused to say the Republican politician’s name.

Instead, they wanted to talk about the 36 men and women they’ve cared for this week, who they say were left exhausted, confused and afraid at the doorstep of a local church in what California officials have called a political stunt.

Gabby Trejo, executive director of Sacramento Area Congregations Together, said the migrants she took to church with her on Sunday — some who had walked thousands of miles over the course of several months from Venezuela to the U.S. — reached into their pockets to offer a dollar for the collection plate.

“I said, no, you need it more than our church does today. But they didn’t care. They still put it in the plate,” Trejo said. “In that moment, our new neighbors showed me what it means for them to also be able to contribute to our community.”

Cecila Flores, who has supported the migrants since the first group arrived by plane on Friday, wiped away tears at a news conference on Tuesday.

In their 20s and 30s, most of the migrants are the first in their families to make it to the U.S. and are eager to work, she said. Some are married. One brought along a dog named Gieco.

When she asks them simple questions like what they want for dinner, they are timid. Anything is fine, they always say.

“It’s been years since I’ve been able to pick my own clothes,” one man told Flores, an organizer at Sacramento ACT, after a volunteer took him to the thrift store.

The identities of the migrants, who also came from countries including Colombia and Guatemala, remain undisclosed as the California Department of Justice investigates the incident. Meanwhile, Democratic Gov. Gavin Newsom has threatened conservative presidential hopeful DeSantis with kidnapping charges.

Organizers said Tuesday that the migrants had arrived at the Texas border, where they were met by people claiming to be with a relocation program, promising housing and jobs. They were then shuttled to New Mexico and flown to Sacramento on a chartered plane.

. . . .

The people working on the ground with them in Sacramento said that the migrants had no idea where they were headed. Their “American dream” quickly became “a nightmare,” Trejo said, adding they were deceived.

Along with city and county officials, local church leaders and nonprofits have scrambled to help them.

. . . .

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

Where is the leadership, competence, and “good government” the Biden Administration promised during the 2020 campaign?

California needs affordable housing and workers, particularly in agriculture, child care, and health care. Migrants can help with this. They are eager to contribute.

The key is to get them represented, through the system with grants of asylum or other protection that many are eligible for, work authorized, and on their way to durable legal status. 

Stunts like De Santis’s, misplaced “deterrence,” lack of creativity, and poor leadership by the Administration and Dems in DC are wasting resources and time that could be used to solve problems, not aggravate them! 

Once again, the Biden Administration has left the job of making the flawed immigration system work to individuals without sufficient Federal support or coordination. Yet, they disdain the advice and counsel of these “grass roots experts” in favor of mindless, half-baked deterrence gimmicks derived from Stephen Miller and other GOP neo-fascists! Why?

🇺🇸 Due Process Forever!

PWS

06-97-23

☠️HE SURVIVED 22 YEARS IN CAL STATE PRISONS — 2 YEARS IN DHS DETENTION “BROKE” HIM, DESPITE WINNING HIS CASE BEFORE AN IJ! — Welcome To America & Biden’s Gulag, Where Asylum Seekers Get Treated Worse Than Convicted Felons!🤮

 

Gulag
Inside the Gulag
In the fine tradition of Josef Stalin, like US Presidents before him, President Biden finds it useful to have a “due process free zone” to stash people of color.

https://www.sfchronicle.com/opinion/article/I-ve-done-time-in-12-California-prisons-Yuba-16804293.php

Carlos Sauceda writes in the SF Chron:

In 2017, after serving 22 years in prison for a gang-related murder I committed as a teenager, the California parole board granted me early release due to my rehabilitation and leadership while incarcerated. I was incredibly fortunate to get what I thought would be a second chance at life, and I committed myself to using my freedom to improve the world around me.

But I had to put those plans on hold. Because I was undocumented, I was immediately transferred to Immigration and Customs Enforcement custody at Yuba County Jail. The two years I spent there awaiting a decision on my immigration status were far worse than the over two decades I spent in 12 different prisons serving out my sentence.

Yuba County Jail is the last county jail under contract with the federal government to hold immigrant detainees in California. For the two years I fought my immigration case, I was psychologically, emotionally and physically abused by the Yuba County Sheriff’s Department. Some of the cells I lived in had no drinking water, others did not have working toilets and others had no lights, leaving me and other detainees in the dark all day long. My stress increased and my blood pressure became dangerously high. In 2018, after a year at the jail, I finally won my immigration case. But Department of Homeland Security attorneys appealed the judge’s decision, keeping me separated from my family, fueling my depression and suicidal thoughts. After another year of fighting the appeal, I had to make an impossible choice: Die inside Yuba County Jail or risk imminent death in my native land. After two years of inhumane treatment, I chose the latter. I signed the paperwork for self-deportation and went back to my home country.

My story is just one of thousands playing out in federally contracted county jails and privately operated ICE detention centers across the country. Despite President Biden’s campaign promise to end the use of private prisons for immigration detention, for undocumented people being held at Yuba County Jail, no relief is coming.

Yuba County Jail has a long history of violating national detention standards. From 2010 to 2021, ICE’s own detention office conducted at least eight inspections at the jail and found 171 violations. Among those violations, inspection officials determined that a sergeant, who was involved in two use-of-force incidents at the jail, participated in his own reviews. As a result of the findings, 24 members of Congress wrote a letter to Secretary of Homeland Security Alejandro Mayorkas demanding that the department terminate ICE’s contract with Yuba County. At the state level, California legislators passed SB29, forbidding local governments to enter into new detention agreements with ICE. But as The Chronicle’s reporting pointed out, in 2018, the same year SB29 took effect, ICE and Yuba County officials “quietly extended their contract” to 2099.

Why would Yuba County officials establish an indefinite contract with ICE as the rest of the state moves to end the use of its jails by federal immigration authorities? Follow the money. The contract with ICE earns the Yuba County Sheriff’s Department a minimum of just under $24,000 a day, whether or not any detainees are being held in the jail, totaling about $8.66 million per year.

When the pandemic hit, conditions inside the jail worsened. Following an April 2020 class-action lawsuit, court orders led the jail to decrease its detainee population. Thanks to the work of human right advocates and formerly detained undocumented people like myself, and others, the jail went from having 127 detainees in May 2020 to zero in late 2021. For those of us who had fought, staged hunger strikes and protested, both inside and outside the jail, it felt like we were finally seeing the end of immigrant detainment.

But our celebrations were brief. In the two months that the jail had no detainees, the county’s contract with ICE was still in place, earning it an estimated $1.4 million. And in December, ICE transported its first detainee back into the jail. As of this week, three people are now detained there under ICE custody.

The repopulation of the jail by ICE only means we will fight even harder for liberation and the termination of the contract. Over the past year, and despite being thousands of miles away, I found ways to raise my voice. I connected with others who were detained alongside me and who were also deported and encouraged them to join the fight. My wife, along with other mothers, sisters, and family members joined us as well. We hosted Instagram live videos as a space for storytelling. For weeks, I met with congressional offices and shared my story and the story of others, which ultimately led to their support.

At a recent Yuba County Board of Supervisors meeting, newly named Chairman Randy Fletcher said that the claims made in a letter sent by the ACLU to the Yuba County sheriff and Board of Supervisors about the multiple violations and unlawful conditions at the jail were not true. “They make a lot of accusations. … It’s not true. It’s just not true,” he said. But I and the other undocumented people who were detained there know what we suffered through is true. And it needs to stop.

. . . .

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

Read the rest of the story at the link.

Coercion and punishment have long been part of the plan. That’s because the Supremes have fabricated the concept that “civil” imprisonment isn’t “punishment.” Pure balderdash!

Also, how does a jail get paid $1.4 million by taxpayers for nothing? Sounds like a “fleecing of America.”

But, of course, neither Garland nor Mayorkas bother to look into these questionable practices. Rather curious in light of the recommendation of a “select task force of experts” at the end of the Obama Administration that detention contracts (which frequently make establishing accountability for abuses difficult or impossible) be ended and that DHS phase out unnecessary detention.

Lack of accountability for DHS Detention is a chronic problem. So are defective bond procedures by EOIR that several Federal Courts have found unconstitutional, but which Garland continues to defend! Arbitrary bond procedures, weak internal appellate review, and lack of helpful precedents all feed the system.

Also, EOIR’s brushing aside the intentional coercion, lack of access to counsel, absence of resources, inability to prepare and document cases all contribute to the dangerous dysfunction. New, independent, expert, progressive “real judges” at EOIR would not allow Mayorkas and Garland to keep sweeping these abuses under the carpet!

Perhaps that’s why Garland has been content to allow his “courts” to malfunction using a majority of Trump/Miller holdovers and some notorious “go along to get along” bureaucrats as “judges.” Voices of expertise and reason among the IJs, and there are some, are often “silenced,” “neutered,” or “intentionally frustrated” by a BIA stacked with apologists, sometimes flat-out advocates, for DHS Enforcement and anti-immigrant policies.

Meanwhile, journalists, advocates, and those who have experienced “The Gulag” first hand need to keep it in the headlines, continue to litigate vigorously against it, and make a record of the disgraceful gap between what America claims to stand for and what it actually does! And, they would do well to “keep turning up the heat” on Garland’s “star chambers” and on his own lack of accountability for the daily disasters that unfold under his auspices.

🇺🇸Due Process Forever!

PWS

01-27-22

🇺🇸BREAKING: DEMOCRACY WINS AS NEWSOM BEATS BACK GOP RIGHT-WING DISRUPTION IN CAL. BY NEARLY 2-1 MARGIN!

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=c6f2a3b9-b11e-439c-8262-d24cdfb93690&v=sdk

A sigh of relief for California

Voters chose to keep Gov. Newsom, sparing the state from more than a year of turmoil.

 

 

Phew.

We can rest easier now that Gov. Gavin Newsom will not be removed from office early and replaced by right-wing provocateur Larry Elder, a radio host with no experience in elective office and who doesn’t seem interested in being a governor for all Californians — only those who share his extremist, intolerant views.

Voters statewide showed overwhelming support for keeping Newsom, and news outlets started calling the race before 9 p.m. This is what the recent polls predicted, based on the early and heavy turnout of Democratic voters, who outnumber Republicans nearly 2 to 1 in California.

Elder, as expected, led the field of replacement candidates. He admitted defeat Tuesday night, telling supporters, “We may have lost the battle. But we’re going to win the war.”

It was a nice surprise given that, before election day, Elder and other Republicans had seeded the suspicion that if the recall failed it would be due to fraud rather than the more plausible scenario that millions of voters, most of them Democrats, heard what Elder had to offer and said “no thanks.”

Voters evidently saw through the smokescreen that recall proponents threw up about how Newsom was responsible for every bad thing that has happened in California over the last few years: wildfires, COVID-19, homelessness, crime, income equality, and on and on.

The decision to reject the recall is the best outcome for California.

Even if you dislike Newsom, it would have been a disaster to abruptly hand over leadership of the state to Elder or any of the other 45 people listed on the replacement ballot in the middle of a public health crisis and with a regular election little more than a year away.

Moreover, Newsom has been a strong leader during one of the most challenging periods in California’s recent history. It would have been madness to swap him for anyone, let alone someone with no relevant experience.

While the recall option is an important tool for democracy, it should be used sparingly and only in cases of clear dereliction of duty — and certainly not as a cynical ploy by political opponents to remove a legitimately elected governor.

This was not about Newsom’s performance, not really. The recall campaign started life as a referendum on Newsom’s liberal values, which were clear when he won with 62% of the vote in the 2018 election.

It’s unfortunate taxpayers had to spend between $200 million and $400 million to hold an election that didn’t change anything. But it could pay off down the road if it convinces the state’s Republicans that using the recall isn’t a fair, honorable — or even effective — way to win office.

Yes, it worked in 2003, when Arnold Schwarzenegger replaced Gov. Gray Davis, but that was a unique situation driven in large part by the fame of the winning candidate.

If Republicans want to end the “one-party rule” in California, then it’s up to them to develop a platform that appeals to voters, rather than trying to gain power by gaming the state’s direct democracy system.

Newsom now should get back to work but not rest on his laurels — he’s got another election in less than 14 months.

The recall failed, but millions of people voted to oust him nonetheless.

That the recall qualified at all, rather than dying in the signature-gathering stage as most recall efforts do, exposed a deep ambivalence by Californians about the direction of the state.

Though the dust hasn’t yet settled on this election, let’s start talking about fixing the state’s deeply flawed recall law. This election has shown that the process is confusing and the outcome potentially undemocratic.

It takes a majority of voters to oust the governor (or any elected official), but the replacement needs only to win a plurality of votes. A system that makes it possible for a California governor to be replaced with someone who has received a small fraction of the total votes cast in the election is nuts.

It seems California has escaped that possibility this time. Let’s do more than hope there isn’t a next time.

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

Another scurrilous attack by the neo-fascist GOP on American democracy and liberal, progressive values defeated! And, in the process, they wasted hundreds of millions of dollars that could have been used to make the lives of Californians better!

Sure, California has problems that need to be solved. But, the idea that any of the GOP clowns trying to replace Newsom could solve them, or would even be interested in trying, is beyond absurd!

🤡Due Process Forever!

PWS

09-14-21

😎🗽⚖️👍🏼EXCITING ANNOUNCEMENT FROM “COURTSIDE” — Introducing NDPA Superstar & Now Co-Editor Sophia I. Barba!

 

I am delighted to announce that Sophia Isabel Barba has joined Courtside as Co-Editor. In addition to the many achievements described in her bio below, Sophia comes from a family with a lifetime commitment to due process and equal justice under law for migrants. Her father Francisco Barba is an immigration attorney and the principal of the Law Offices of Francisco J. Barba, San Jose, CA. I first met a Sophia when she invited me to be the inaugural speaker at the Tulane Immigration Law Society which she founded.

Here’s Sophia’s bio:

Sophia Barba is a newly minted law graduate native to the Bay Area in California. She attended a small liberal arts college in Portland, Reed College, where she majored in Anthropology and authored a thesis examining the intersection of racial dynamics in the creation of immigration policy in the United States. After graduating from Reed, Sophia spent time working for the Portland Bureau of Transportation, where she helped develop strategies to make access to public services more accessible and inclusive to immigrant and low-income communities. After her time in Portland, Sophia attended Tulane University Law School. 


At Tulane, Sophia worked with a bevy of different immigration-related firms and organizations including Catholic Charities, Center for Gender and Refugee Studies, and others. At the advent of a developing immigration law program at Tulane, Sophia founded the Tulane Immigration Law Society, which sought to provide a platform for students and lawyers alike to connect. Sophia graduated from Tulane Law in 2020, after which point she clerked for the Santa Clara County District Attorney’s Office. She recently passed the California Bar Exam and hopes to use her license to support the immigrant’s rights both as an attorney, and as part of the Immigration Courtside family!

Please join me in welcoming Sophia to Courtside!

🇺🇸🗽⚖️😎👍🏼Due Process Forever!

PWS

03-22-21

ESSENTIAL AMERICAN WORKERS PUT FOOD ON OUR TABLES EVEN IN TIMES OF CRISIS: So, Why Do Trump & His White Nationalist Buddies Dump On Hard Working Members of Our Society Performing Necessary Services? — It’s All About Racism, Bigotry, & Weaponizing the “Fear of the Other” For Perceived Political Gain! — “We are the people who are feeding the country. No one else is going to be able to do this. We are the only ones who know how.”

Gabriel Thompson
Gabriel Thompson
Author & Journalist
Photo by Pandora Young

https://www.theguardian.com/us-news/2020/may/28/undocumented-farmworker-us-immigration-california?CMP=Share_iOSApp_Other

Gabriel Thompson reports for The Guardian:

For more than two decades, Roberto Valdez has harvested crops in California’s eastern Coachella Valley, a scorching region dotted with impoverished communities that are surrounded by bountiful fields of grapes, bell peppers, broccoli, watermelon and more. In 2005, after his son nearly died from heatstroke while picking grapes, Valdez advocated for improved safety measures for farm workers, which culminated in new state regulations that protect workers from heat stress. An undocumented immigrant, he is not eligible for federal relief during the Covid-19 pandemic, but while millions of people shelter in place, he continues to work in the fields with his wife. Here he tells Gabriel Thompson about his life as an essential worker.

•••

Right now I’m harvesting eggplant for $13 an hour. The company gives the crew a 50 cent bonus for each box we fill, so in eight hours we can earn an extra $15 or so. The plants are about 4ft tall and the eggplants grow low, so we usually work on our knees in the dirt. You cut off the eggplants with scissors and fill up buckets that weigh between 40 and 50 pounds, carry them to a large tub where they are washed and packed, and dump them in.

California’s farm workers pick America’s essential produce – unprotected from coronavirus

It tires you out, especially when it’s hot. It was 105 degrees today. By 10 in the morning your clothes are completely soaked with sweat and it’s hard to make it through the eight hours. In fact, some days there are people who leave, who can’t make it.

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Because of the coronavirus we always cover our faces now, no matter what the temperature is. The company has given us disposable blue masks, but we mostly use bandannas. The masks don’t stay clean for very long and they start to smell. When they’re dirty, it’s very hard to breathe. The sun is hot, the ground is hot, you’re working fast, and you can’t breathe. A bandanna you can wash and use again. I bring three bandannas every day: one that goes over my head to protect my neck, and two that I use as masks. We have breaks every four hours, and I use that time to wash the old one out with water and soap and put on a new one. My wife and I work together on the crew, and I bought 16 bandannas that we use.

We leave two rows between each person now, a distance of about 8ft. Before, we ate lunch together around portable tables in the shade. We’d share food. “Hey, grab a taco!” That’s all over. Now we eat apart, mostly in our cars. I also can’t greet people like I used to do, either. I’m the kind of person who likes to shake hands, pat people on the back. “How’s it going? How’re you doing this morning?” Among us Latinos, that’s very common. That’s over, too.

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Farm workers wear protective equipment and work behind plastic dividers in the field. Photograph: Brent Stirton/Getty Images

But we still joke and talk, even though we’re separated. There are about 30 people in the crew, and some of us have worked together for years. There are people who are tired, and we’ll tell them a story, just so they’ll be able to get through the day – that’s how we make the work more bearable. Some people have had to stop working because of the coronavirus. There’s a young woman, a single mother with two kids, and she couldn’t keep working because the schools and daycares have shut down. It’s very hard right now – so many mothers have had to stay home.

You have to respect this disease. My brother-in-law died eight days ago, in Mexicali. He was in his 40s and worked at a plant that makes glass. He had high blood pressure and kidney problems, and they had to operate on his kidneys in March. While he was in the hospital he had a hard time breathing, and they suspected he had the coronavirus. They isolated him and put him in an area where the Covid-19 patients were. They didn’t give my sister any information about how he was doing. The government said he died of the coronavirus, but we’re still waiting for the official cause of death. It hurt us a lot, because he was a very good person and no one could visit him.

I saw a news report from New York, where doctors were saying that people weren’t keeping quarantine – going out even when they were supposed to be at home, and more people got infected. That’s something we think a lot about. We stay very clean at work, because we know innocent people are buying the food we harvest, with money they have earned, so that their families will be healthy. And the majority of farm workers, we’re happy to work, we do so with love, and the coronavirus won’t stop us. It’s not going to stop us. Because we know that our work supports the whole nation.

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Right now, Governor Gavin Newsom has proposed giving undocumented immigrants $500 each. There are people who have sued to try and stop this, a woman named Jessica Martinez and a man from El Salvador, Ricardo Benitez. I’d like these people to come out and meet us. I’d like them to see us working. There are people out here who really need this $500, especially people who have lost their jobs. We are the people who are feeding the country. No one else is going to be able to do this. We are the only ones who know how.

We are people who’ve lived in the country 10 and 20 years, and we don’t have a social security number. From my point of view – I say this from my heart – we are like chess pieces that politicians move around. They haven’t done anything, since Barack Obama, since Bill Clinton, since 9/11. I remember I was picking grapes in Arvin when they attacked the twin towers. Back then there was talk of immigration reform for workers. We’ve had hope for a long time, and nothing has happened. We pay taxes. We go to stores and we buy things. Our kids are studying in school. My daughter is about to graduate high school. It’s hard for me to understand why they aren’t letting us become legal residents.

In the media, they’re now calling us “essential workers”. But that’s what we’ve always been. We think of doctors, firefighters and police as important. People who never saw us before now see that we also have value. The coronavirus has brought us both good and bad opportunities. It has hurt us, and it has also made many people realize something they didn’t realize before: that they need us.

Last Monday I arrived home from work and there was a box at my door. The box was filled with milk, bags of lettuce, cabbage, onions and potatoes. I don’t know who brought us the food. I asked the person who manages the trailer park, and he just said some people came to drop off food for everyone. It made me want to cry. It meant that someone was thinking about us, that someone was worrying about us. This was a gesture of kindness toward us. Nothing like that had happened before.

Roberto’s name has been changed to protect his identity.

  • This is an excerpt from the Unheard Voices of the Pandemic series from Voice of Witness. Thompson is editor of Chasing the Harvest: Migrant Workers in California Agriculture.

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

It’s time to stop the disgraceful waste of taxpayer resources by the Trump regime’s cruel, wasteful, and just plain dumb efforts to penalize, dehumanize, and deport productive members of our society whom we have failed to offer a path to full membership. 

The Trump Family, Steven Miller, Chad Wolf, Billy Barr, Cooch Cooch, and the rest of the White Nationalist restrictionists wouldn’t last a day picking fruits and vegetables in the hot sun, and I guarantee they wouldn’t do a very good job at it.

The pandemic is teaching us lots about who’s really essential; and who’s not!

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

PWS

05-29-20

FEDERAL JUDGE AGAIN FAULTS DHS DETAINER PROGRAM

Joel Rubin
Joel Rubin
Federal Reporter
LA Times
Brittany Mejia
Brittany Mejia
Metro Reporter
LA Times

 

https://apple.news/AmD6XgoXgST-3d3Rtb9esMQ

 

Joel Rubin and Brittany Mejia report for the LA Times:

 

A federal judge in Los Angeles upends the way ICE may use local police to detain people it suspects of being in the country illegally.

A federal judge in Los Angeles this week issued his final judgment in a long-running immigration case, upending the way Immigration and Customs Enforcement uses local police to detain people it suspects of being in the country illegally.

The judgment filed Wednesday by U.S. District Judge Andre Birotte formalized a ruling he made in September that included a permanent injunction barring ICE from using error-prone databases when issuing so-called detainers, which are requests made to police agencies to keep people who have been arrested in custody for up two days beyond the time they would otherwise be held.

The earlier ruling also blocked ICE from issuing such requests to state and local law enforcement in states where there isn’t an explicit statute authorizing police to arrest someone or keep them in custody on an immigration detainer.

The ruling, which applied to ICE activity in all but a few states, appeared to have enormous implications for how the government targets people for deportation. However, attorneys from the U.S. Department of Justice and civil rights groups that brought the case disagreed over whether the injunction went into effect immediately, and ICE gave no indication it had changed its practices.

Last fall, an ICE spokesman said the agency was “reviewing the ruling and considering our legal options.”

This week’s judgment erased any ambiguity.

Under the judgment, ICE has three months to “adopt and implement any policies, practices, trainings, and systems changes necessary to ensure consistent and effective compliance” with the judgment, Birotte wrote. The judge ordered government lawyers to provide him with evidence it had implemented new policies.

“This judgment ensures that ICE has to comply with the court’s findings that the program it’s had for decades is grounded in unconstitutional practices that have to end,” said Jennie Pasquarella, an attorney with the American Civil Liberties Union, who helped argue the case.

The class-action lawsuit alleged that the databases that agents consult to issue detainers are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.

In September, the judge agreed with that assessment, finding that the databases often contained “incomplete data, significant errors, or were not designed to provide information that would be used to determine a person’s removability.”

These errors, according to that decision, have led to arrests of U.S. citizens as well as noncitizens in the country lawfully. From May 2015 to February 2016, of the 12,797 detainers issued in that period, 771 were lifted, according to ICE data. Of those 771, 42 were lifted because the person was a U.S. citizen.

In the years since the lawsuit was filed, ICE has amended its policies, saying the changes made the process for issuing detainers more rigorous.

Previously, for example, agents would check individual databases in search of evidence of someone being in the country illegally. But three years ago, the agency launched a new system, in which 10 databases are automatically queried. A supervisor is required to sign off on decisions to issue detainers.

Birotte said in his judgement this week that conducting interviews with people suspected of being in the country illegally and checking the hard copy files the government keeps on immigrants is the most reliable source of information for issuing detainers.

The judge’s decision affects any detainer requests issued by an ICE officer in the federal court system’s Central District of California. That designation is significant because it includes the Pacific Enforcement Response Center, a facility in Orange County from which ICE agents send out detainer requests to authorities in 43 states, Guam and Washington, D.C.

Dozens of deportation officers and contract analysts work in shifts around the clock every day at the center. In 2018, the center issued 45,253 detainers and alerted agents at field offices to more than 28,000 additional people released from law enforcement custody before ICE could detain them.

If ICE tries to move its detainer operation to another facility, Birotte said, it must alert him in advance and the injunction would follow it to the new location.

All existing detainers issued by the enforcement center were also nullified by the judge’s ruling. Pasquarella said it was unknown how many people that affects, but said it is in “the thousands.”

Finally, Birotte gave ICE a month to alert the thousands of local and state police departments to which it sent detainer requests of his judgment and “its impact on detainers issued by ICE.” He ordered ICE to post its notice prominently on its website and said the agency “shall specifically inform these agencies that a detainer does not provide the legal authority for a state or local law enforcement officer to make a civil immigration arrest.”

The detainer process begins when police arrest and fingerprint a person. The prints are sent electronically to the FBI and checked against the prints of millions of immigrants in Homeland Security databases. If there is a match — such as someone who applied for a visa or was apprehended by Border Patrol — it triggers a review process, which often culminates with an agent at the center deciding whether to issue a detainer.

Approximately 70% of the arrests ICE makes occur after the agency is notified about someone being released from local jails or state prisons. In fiscal year 2019, ICE had lodged more than 160,000 detainers with local law enforcement agencies, according to the agency.

An ICE spokeswoman declined to comment on the judgment and would not say whether ICE had yet changed its practice of issuing detainer requests. Instead, she referred reporters to a statement released Thursday by the White House.

“A single, unelected, district judge in the Central District of California issued a legally groundless and sweeping injunction that — if not immediately lifted — will guarantee the release of innumerable criminal illegal aliens into our communities putting citizens at dire risk,” the statement said. “This ruling undermines the pillars of immigration enforcement and blocks traditional and vital law enforcement cooperation that has occurred for decades.”

 

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

Judge Andre Birotte found that the ICE detainer program is riddled with legal errors. Not too surprising. In addition to using DHS’s inherently unreliable databases, immigration “detainers” are issued by immigration agents, not neutral and detached magistrates as they should be, which makes them constitutionally suspect and has led to rulings across the country that they should not be honored.

 

If I were the ACLU, however, I wouldn’t “do the victory dance” yet. Led by the complicit “J.R. Five,” the Supremes often have shown themselves to be willing, sometimes enthusiastic, enablers of the regime’s White Nationalist campaign to dehumanize and “Dred Scottify” immigrants under our laws.

 

As the ACLU accurately has stated: “The fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every person, regardless of immigration status.”

 

Unfortunately, the “J.R. Five” has ignored the rule of law and our Constitution when it comes to protecting the rights of immigrants. They have managed to “tune out” their own immigration heritages, their own good fortune and privileged positions, and turn a deaf ear to humanity and its unnecessary suffering. Instead they have allied themselves with Trump, Stephen Miller, and the other White Nationalists in subjecting immigrants and other people of color to the “New Era of Jim Crow.”

 

Someday, if America survives as a democracy, we will get “regime change.” But, the problems of a life-tenured judiciary infected with too many at its highest levels who are unwilling to stand up for human rights and/or who are driven by a twisted far-right ideology incorporating many of the worst aspects of white supremacy and its abuses of power over history will not necessarily disappear overnight.

Due Process Forever!

 

PWS

 

02-09-20

 

 

 

 

EFFECTS OF TRUMP SHUTDOWN, “MALICIOUS INCOMPETENCE” CONTINUE TO ROIL U.S. IMMIGRATION COURT SYSTEM, SCREW MIGRANTS WHO FAITHFULLY SHOW UP FOR “FAKE” HEARINGS! – Trump Shut Down USG Over A Bogus “National Immigration Emergency” While Deeming Immigration Courts “Nonessential!” – Would ICE Agents Dare File “Charging Documents” Containing False Information With “Real” U.S. Courts?

https://www.cnn.com/2019/01/31/politics/immigration-court-fake-dates/index.html

Updated 10:15 PM ET, Thu January 31, 2019

 

Hundreds of people overflow onto the sidewalk in a line snaking around the block outside a U.S. immigration office with numerous courtrooms Thursday, Jan. 31, 2019, in San Francisco. (AP Photo/Eric Risberg)

(CNN)More than 1,000 immigrants showed up at courts across the United States on Thursday for hearings they’d been told were scheduled but didn’t exist, a lawyers’ group said, as the Justice Department struggles with an overloaded immigration court system and the effects of the recently ended partial government shutdown.

Immigration attorneys reported that lines wrapped around the court building in San Francisco, a line stretched for blocks to get into the court in Los Angeles and hundreds of people waited outside the court in Newark, New Jersey.
Thursday’s problems are the latest example of US immigration authorities issuing a large number of inaccurate notices ordering immigrants to appear at hearings that, it later turns out, had never been scheduled.
Lawyers first told CNN last year that they’d observed a wave of what they call “fake dates” pop up. For instance, lawyers reported examples of notices to appear issued for nonexistent dates, such as September 31, and for times of day when courts aren’t open, such as midnight.
“The immigration courts have reached a new crisis point,” said Laura Lynch, senior policy counsel for the American Immigration Lawyers Association. The group said it tracked over 1,000 people showing up in courts Thursday with inaccurate hearing notices.

In Los Angeles, immigrants who had "fake dates" were given paperwork acknowledging they'd appeared at the immigration court, according to attorney Jonathan Vallejo, who provided this redacted copy of one such form.

‘I’m afraid and nervous’

Inside a packed waiting room at the Arlington Immigration Court on Thursday, confused immigrants clutching paperwork asked lawyers for help. Some said they’d driven hours to get to court and had awakened at 3:30 a.m. to arrive on time.
“I’m left with a question mark. I’m wondering, ‘Why?'” said Bigail Alfaro, 39, who’s seeking asylum with her two children. “I’m afraid and nervous.”
As she prepared to head into court for a scheduled hearing, immigration attorney Eileen Blessinger found herself fielding questions and asking court officials to stamp paperwork to provide proof that immigrants had shown up.
“What happened?” one woman asked her.
“You don’t have court, because they made a mistake,” Blessinger said.
At an immigration court in Atlanta, a crowd of around 40 people were turned away, almost one by one, by a Spanish-speaking court employee telling people with notices that their hearings had been “postponed.”
Among those showing up for court were parents with small children, some dressed only with hooded sweatshirts and covering themselves with blankets, with the temperature in Atlanta in the mid-20s.
“They told us they would send us another citation by mail,” said a man named Jose who asked to be identified only by his first name. “But who knows when? And the hard part is they don’t let us know with enough time, enough time to prepare ourselves.”
In Los Angeles, immigration attorney Jonathan Vallejo said he saw 30-40 people ushered into a room where they were told they didn’t have hearings and given forms acknowledging they’d appeared at the court.
“It’s absurd what’s going on,” he said.
Problems were also seen in Dallas, Miami and San Diego, Lynch said.
The Executive Office for Immigration Review, the division of the Justice Department that runs the immigration courts, said the weather and government shutdown were partially to blame.
The office “was unable to proceed with hearings for some respondents who believed they had hearings scheduled,” the Justice Department said in a statement. “In some cases, the cases had been rescheduled to another date, but the lapse in appropriations prevented the immigration courts from issuing new hearing notices far enough in advance of the prior hearing date.”

An ongoing problem

President Donald Trump has repeatedly criticized the nation’s immigration system, specifically taking issue with the practice of releasing immigrants while they await their court dates. To remedy that, his administration has sought to hire more immigration judges in the hopes of unclogging the court.
But that has not happened — there are 409 immigration judges nationwide but nearly 80 vacancies — and the number of cases continues to grow.
For years, the number of pending cases has been slowly creeping up, as more are added to the docket than can be addressed at any given time. There are more than 800,000 cases pending, according to the Syracuse University’s Transactional Records Access Clearinghouse.
Former Attorney General Jeff Sessions also created a quota system that requires judges to clear at least 700 cases a year in order to receive “satisfactory” performance evaluations. Between 2011 and 2016, judges completed 678 cases a year on average.
Judge Ashley Tabaddor, the president of the National Association of Immigration Judges, described judges in Los Angeles coming back this week to boxes filled to the rim with mail that had piled up over the course of the 35-day partial government shutdown.
“What this does is it adds greater delay to the cases. We were shortchanged five or four weeks of time,” Tabaddor told CNN. “Not only were we not able to hear cases that were previously cases that were scheduled, but it’s going to take time to regroup.”
Immigration attorneys say the instances of mistakenly scheduled hearings unfairly burden immigrants and create more pressure on a system that’s already suffering from a crushing backlog.
“Imagine the stress of facing potential deportation,” North Carolina immigration attorney Jeremy McKinney said on Twitter. “You’re told show up in court or be ordered deported in your absence. You drive hundreds of miles & wait in line only to be told the court date was not real. ‘Sorry for the minor logistical errors.’ “
Selected portion of a source document hosted by DocumentCloud
Atlanta immigration attorney Rachel Effron Sharma says this is an example of a notice a client received, ordering the client to report to an immigration court at a time when the court was closed.
The US Supreme Court ruled in June that notices to appear — the charging documents that immigration authorities issue to send someone to immigration court who’s accused of being in the United States illegally — must specify the time and place of proceedings in order to be valid.
Immigration and Customs Enforcement spokeswoman Jennifer Elzea said officials have been working to comply with the court’s requirements for notices to appear, but the lapse in funding during the partial government shutdown had delayed those administrative efforts.
“All appropriate parties are working together to solve this issue going forward,” she said.
In its statement Thursday, the Executive Office for Immigration Review said it had issued policy guidance in December and modified its system so the Department of Homeland Security and its components can directly schedule hearings.
The agency said it “does not expect any further recurrence of this type of situation.”

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

Yup, and it happened in the “Bay Area” also:

https://www.sfchronicle.com/bayarea/article/Confusion-erupts-as-dozens-show-up-for-fake-13579045.php

Tatiana Sanchez reports for the SF Chronicle:

One woman pulled her daughter out of school to make it to the courthouse on Montgomery Street. Another caught a ride from Fresno. A teenage girl and her ailing mother waited for hours, clutching documents that summoned the mother to Immigration Court Jan. 31.

But none of them got what they came for and expected: a hearing before a judge.

Dozens of people reported Thursday to hearings previously scheduled by the Department of Homeland Security at the federal San Francisco Immigration Court, only to find the appointments didn’t exist.

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Immigration attorneys described similar scenes in Chicago, Atlanta, Virginia, Miami and Texas, where long lines snaked around courthouses for hours.

Federal officials said Thursday’s problems resulted from the government shutdown delaying the process of rescheduling the hearings.

But attorneys representing immigrants called the court dates fake, and said Immigration and Customs Enforcement is sending immigrants notices to appear — charging documents instructing people accused of being in the country illegally to come to court — with court dates it knows are not real.

“Every city in every jurisdiction is doing this, obviously knowing that there really won’t be court on that date,” said Christable Lee, an immigration attorney in San Francisco. “These immigrants are standing with their kids outside with no direction. They’re afraid to stand outside on the sidewalk in front of the courthouse because there could be other immigration authorities there. It’s a really harrowing situation.”

Attorneys say the new practice stems from a U.S. Supreme Court ruling, known as Pereira vs. Sessions that requires notices to appear to include a specific date and time in order to be valid. Previously, immigration authorities could send notices with the date listed as “to be determined.”

A similar situation occurred in several cities nationwide Oct. 31 when dozens of people showed up for court hearings that didn’t exist. Since then, some have reported court dates scheduled on weekends or late at night.

In a prepared statement, ICE denied giving immigrants a fake court date, saying, “Due to the recent partial lapse in government appropriations, the administrative process to resolve this issue was delayed, resulting in an expected overflow of individuals with Notices to Appear listing immigration proceedings on January 31.”

Meanwhile, the Executive Office for Immigration Review, which oversees all immigration courts, said it was “unable to proceed” with hearings for some people who “believed they had hearings scheduled” Thursday.

“In some cases, the cases had been rescheduled to another date, but the lapse in appropriations prevented the immigration courts from issuing new hearing notices far enough in advance of the prior hearing date,” the agency said in a statement. “In other cases, EOIR did not receive the Notice to Appear (NTA) in a timely manner. Immigration proceedings do not commence until the Department of Homeland Security has filed an NTA with an immigration court.”

Attorneys with the American Immigration Lawyers Association said they’ve received more than 1,000 reports of immigrants who had notices to appear in court containing fake dates, though they said it’s extremely difficult to track.

Mothers with small children, families and confused couples clutching manila folders crowded the sidewalk in San Francisco Thursday while others filled nearby coffee shops and restaurants after being told to come back a different day. The news was particularly troubling for immigrants who traveled several hours to get to the courthouse, many relying on relatives and friends for rides.

More than a dozen people waiting outside the courthouse declined to be interviewed but told The Chronicle that staff informed them court wasn’t in session Thursday. Some people who showed up in the morning were asked to come back later in the day, though it’s unclear what happened once they returned.

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

As I’ve reported before on “Courtside,” contrary to the myths promoted by Trump, DOJ, and DHS, migrants generally appear for court when they get valid notice with real hearing dates and actually have the system explained to them (usually by an attorney); ironically, it’s often EOIR (“the lovable donkey”) that “Fails to Appear” (“FTA”) with an assist from their “partners in crime” over at ICE.

Would a “real court” let the “cops” run roughshod over them and their dockets as EOIR permits ICE to do? Would a “real President” shut down the Immigration Courts over a wall that will have NO, I repeat NO, “immediate impact” on migration while forcing tens of thousands of “ready to try removal cases” to the end of dockets that already stretch out four or more years in some locations?

Part of the problem is the continuing failure since the Clinton Administration of the DOJ to implement the statutory contempt of court authority granted to the Immigration Judges by Congress approximately two decades ago! A few contempt of court orders directed at ICE Agents and the ICE Chief Counsel who are failing to control their so-called “clients,” or perhaps at Secretary Nielsen herself, would bring these absurd, illegal, time-wasting practices that actually hurt real human beings and sow chaos in our justice system to a screeching halt!

That’s why an independent Article I Immigration Court is an essential priority in fixing our immigration system, including the procedures both for granting asylum and other relief promptly, fairly, and in accordance with due process, and issuing removal orders for those who don’t qualify. The current system does neither, for reasons largely beyond the control of the Immigration Judges (although some judges at both the trial and appellate level bear responsibility for failing to carry out in a fair and unbiased manner, consistent with due process, the generous, humanitarian statutes for the granting of asylum and implementing the legal mandates for other forms of protection from persecution and torture. That’s why a transparent, merit-based selection and reappointment system, with provision for public input is essential to an Article I system).

News from the “Journalism Carousel:” Star immigration reporter Priscilla Alvarez has moved to CNN from her prior birth over at The Atlantic. Congrats to Priscilla and to CNN!

PWS

02-01-19

TRUMP LACKS EMPATHY, HONESTY, VALUES, & FUNDAMENTAL DECENCY: Bess Levin @ Vanity Fair On The Latest Escapades Of America’s Most Notorious Sociopath!

https://www.vanityfair.com/news/2018/11/donald-trump-puerto-rico-funding?mbid=nl_CH_5be9ce24cac6392da6572bd6&CNDID=48297443&utm_source=nl&utm_medium=email&utm_brand=vf&utm_mailing=vyf_vanityfair_news_newdb_active_20181112%20(1)&bxid=MjMzNDQ1MzU1ODE2S0&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&spMailingID=14604914&spUserID=MjMzNDQ1MzU1ODE2S0&spJobID=1520941540&spReportId=MTUyMDk0MTU0MAS2

Bess writes:

Donald Trump has never had a particularly good track record when it comes to Puerto Rico. After Hurricane Maria ravaged the island in September 2017, the president took nearly a week to even mention the catastrophe, and when he did, it was to scold the U.S. territory for owing Wall Street money. A short time later, he deemed it appropriate to publicly trashthe mayor of San Juan, for the crime of requesting more relief funds. When he finally saw fit to visit the disaster zone, he told the locals that their hurricane wasn’t “a real catastrophe like Katrina.” In September, to commemorate Maria’s one-year anniversary, he smeared 3,000 dead Puerto Ricans by claiming that the death count was a hoax cooked up by Democrats to make him look bad. And now, he’s reportedly decided to really cement his legacy in the territory by trying to end relief funding, despite the fact that the situation remains dire.

Axios reports that Trump told senior White House officials last month that he wants to “claw back” some of the federal money Congress has set aside for Puerto Rico’s recovery, claiming that the local government has been “mismanaging” it. The basis for such a claim? Apparently Baby Huey read an article in The Wall Street Journal noting that “Puerto Rico bond prices soared . . . after the federal oversight board that runs the U.S. territory’s finances released a revised fiscal plan that raises expectations for disaster funding and economic growth,” and got it in his head, sans any evidence, that Puerto Rico has been using disaster funds to pay down its debt. That naturally lead to an utterly baseless tweet about “inept politicians . . . trying to use the massive and ridiculously high amounts of hurricane/disaster funding to pay off other obligations,” and a threat to cut off funding. Shortly thereafter, the perennial bankruptcy artist reportedly let it be known that he didn’t want to include any additional money for Puerto Rico in future spending bills and wanted to try and take back funding that had already been allocated by Congress.

Luckily, despite Trump’s wishes, he can’t actually take away disaster funds that have already been approved by Congress. But he could refuse to sign future spending bills that include more money for Puerto Rico’s recovery. To put that possibility into perspective, the federal government has thus far spent more than $6 billion on relief funding for Puerto Rico, which is a drop in the bucket compared to relief for the post-Katrina Gulf Coast, which received $10 billion four days after the hurricane hit, another $50 billion six days later, and, more than a decade later, is still receiving monetary assistance. But in Trump’s mind, Puerto Rico has already received too much money. Cutting off funding to—what is, as a reminder!—a U.S. territory now would be a slap in the face regardless, but particularly so given that it’s based on our not-very-bright commander in chief’s poor reading comprehension. As Axios points out, not only is there zero evidence of Puerto Rico’s officials funneling disaster funds toward debt repayment, but Congress put steps in place “to keep disaster relief funds from being used to pay down the island’s debt.” As Bloomberg reported in 2017, “neither the island’s leaders—nor the board installed by the U.S. to oversee its budget—are proposing using disaster recovery aid to directly pay off bondholders or other lenders.” But Trump has “always been pissed off by Puerto Rico,” so here we are.

And now California—where 31 people are dead, 228 are missing, 6,453 homes have been destroyed, and only 25 percent of the fire has been contained thus far—is getting a taste of the fun, too:

[Tweet Omitted]

Of course, out here in reality, the compelling evidence is that a little thing called climate change contributed to bothdisasters, but that’s something Trump would rather not discuss.

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

Bess really has Trump “pegged.” His stunning lack of humanity, knowledge, compassion, and any qualifications for the position he holds continue to amaze!

There are natural disasters and then there are man-made disasters like the Trump kakistocracy.

Trump’s vile and ignorant attack on American victims of natural disaster earns him a “Five Clowns.”

🤡🤡🤡🤡🤡

PWS

11-13-18

GONZO’S WORLD: ICE SPOKESMAN QUITS AFTER BEING ORDERED TO LIE IN SUPPORT OF SESSIONS/HOMAN FALSE NARRATIVE ON IMMIGRANTS & CRIME — “I quit because I didn’t want to perpetuate misleading facts!”

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

James Hohmann reports in the Washington Post “Daily 202:”

Jeff Sessions attacked Oakland's mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

Jeff Sessions attacked Oakland’s mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)

— “The San Francisco spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as ‘false’ and ‘misleading’ statements made by top-ranking officials, including Attorney General Jeff Sessions and ICE Acting Director Thomas D. Homan,”Meagan Flynn reports. “The now-former spokesman, James Schwab, told news outlets late Monday that his resignation stemmed from statements by Homan and Sessions that potentially hundreds of ‘criminal aliens’ evaded ICE during a Northern California raid in February because Oakland Mayor Libby Schaaf warned the immigrant community in advance. Schwab said he pushed back on that characterization — but said ICE instructed him to ‘deflect’ questions from the press.”

“I quit because I didn’t want to perpetuate misleading facts,” he told the San Francisco Chronicle. “I asked them to change the information. I told them that the information was wrong, they asked me to deflect, and I didn’t agree with that. Then I took some time and I quit. … I didn’t feel like fabricating the truth to defend ourselves against her actions was the way to go about it.”

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https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=5aa7c521fe1ff62bafaa308e

 

It’s not like James Schwab and James Hohmann are the only ones calling out Trump & Sessions for their consistent lies and misrepresentations about immigration. As reported by the always amazing Tal Kopan @ CNN last week, California Governor Jerry Brown essentially issued the same warning that you can’t believe much of anything that comes out of our Attorney General’s mouth:

“California Gov. Jerry Brown fired back at Attorney General Jeff Sessions and President Donald Trump on Wednesday after their lawsuit challenging the state’s immigration laws, calling the administration “full of liars” and repeatedly referencing the special counsel investigation into Russian meddling in the 2016 US election.

The Democratic governor was speaking on the heels of Sessions’ visit to Sacramento to announce a lawsuit against California for its so-called sanctuary policies of non-cooperation with federal immigration enforcement.
In slamming Sessions’ appearance as a “political stunt” that was full of “lies” and untruths, Brown needled Sessions personally and his relationship with the President, which is famously fraught.
“I do think this is pure red meat for the base, and I would assume — this is pure speculation — that Jeff thinks Donald will be happier with him and I bet Donald will be tweeting his joy with this stunt,” Brown said.”
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You can read both Hohmann’s and Tal’s complete articles at the links.
Sadly, the Trump Administration as a whole, and Jeff Sessions in particular, have made lies, misrepresentations, and knowingly false narratives a staple of their tortured and often illegal immigration policies. I think that, rather than “biased Federal Judges” as disingenuously claimed by Sessions, has led to an impressive string of losses for the Administration and the DOJ in the lower Federal Courts on immigration issues.
I predict that the losing has just begun. If and when Sessions follows through on his apparent plan to destroy the U.S. Immigration Court System, literally thousands of cases are likely to be sent back or permanently blocked by legal rulings in the Circuit Courts.
Although Sessions arrogantly claims that a majority of the Supremes are “in the Administration’s pocket” and therefore can be counted on to overrule the Circuits, fact is that the Supremes can’t and won’t take every big immigration case the Government loses. So, Trump and Sessions better get used to “living with defeat.”  It’s going to become a way of life, as our immigration and justice systems deteriorate under this Administration’s toxic leadership.
PWS
03-14-18

NOLAN @ THE HILL: IF CA WINS “SANCTUARY CASE” THEY MIGHT REGRET IT — The Wrath & Vengeance Of Trump, Sessions, & DHS Could Be Devastating To Communities & Undocumented Populations!

 

Family Pictures

http://thehill.com/opinion/immigration/377605-even-without-trumps-lawsuit-california-may-have-to-abandon-sanctuary

This case is very risky for Trump. He is likely to lose in the Ninth Circuit, and it is difficult to predict how the Supreme Court would handle this federal vs. state rights issue. Immigration experts on both sides say this lawsuit takes the sanctuary-cities debate into uncharted territory.

The only certainty is that a loss would clear the way for the enactment of more sanctuary laws in California and other states.

Ironically, California’s sanctuary policies make it easier for ICE to find undocumented aliens.

Instead of being spread out across the United States, a quarter of the nation’s undocumented aliens are living in California. California’s labor force has 1.75 million undocumented aliens. Nearly 10 percent of its workers are undocumented aliens. And in 2014, more undocumented aliens lived in Los Angeles County, Calif., than in any other county in the United States.

This would make it easy for Trump to carry out a successful, large-scale enforcement campaign in California to arrest undocumented aliens and impose sanctions on the businesses that employ them, which is likely to be his next step if the lawsuit fails.

California could end up having to abandon its sanctuary policies to protect its undocumented population.

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

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

Putting together Nolan’s analysis with that of Professor Peter Markowitz in the preceding article, one can conclude that both sides are likely to come out losers in this contest. We’ll see.

PWS

03-10-18

 

PETER MARKOWITZ IN THE NYT: CA Can Thank The Late Justice Scalia For Likely Win On Sanctuary Case!

https://www.nytimes.com/2018/03/09/opinion/trump-california-sanctuary-movement.html

The Justice Department lawsuit emphasizes that immigration is a federal matter, that we must have a uniform scheme to oversee it and that this scheme is being undermined by sanctuary laws. In most states, federal immigration authorities are able to leverage state and local criminal justice systems. The Justice Department is arguing that California’s refusal to participate requires it to adapt and employ different enforcement strategies.
It is fair to ask whether states should have the power to abstain from federal law enforcement programs that they view as immoral or adverse to their local interests. It is not, however, a new question.
In fact, the question was decisively answered by the Supreme Court in 1997 in a case called Printz v. United States. That case involved a challenge to the federal Brady Act, which required local sheriffs to conduct background checks for gun purchasers. Some sheriffs resisted because they objected to the federal regulation of firearms. The Supreme Court, in a decision written by Justice Antonin Scalia, made clear that the sheriffs, and states generally, have a right to abstain from federal law enforcement schemes with which they disagreed.
It is this principle that distinguishes California’s decision to opt out of deportation efforts from Arizona’s decision to opt in.
The Justice Department is correct that the regulation of immigration is a federal matter. That’s why the Supreme Court made clear in the Arizona case that states may not insert themselves into immigration enforcement by directing its officers to arrest people on immigration charges. California, far from inserting itself, has extracted itself from federal immigration enforcement efforts in precisely the same way that the sheriffs in Printz extracted themselves from the federal effort to regulate the purchase of firearms.
Attorney General Sessions’s attempt to spin his attack on sanctuary laws as a logical extension of the Supreme Court’s Arizona decision is a transparent attempt to sidestep the clear rule established in Printz.
As California’s attorney general, Xavier Becerra, recently explained, “California is in the business of public safety, not in the business of deportations.” By exercising their constitutional right to stay out of the business of deportation, California and other sanctuary jurisdictions have been able to strengthen ties between local law enforcement and immigrant communities. Those ties, in turn, mean that immigrant witnesses and victims of crime are not fearful of coming forward to assist the local police. That is why a recent report by the Center for American Progress demonstrated that, contrary to Mr. Trump and Mr. Sessions’s heated rhetoric, sanctuary laws improve public safety by driving down overall crime rates.
This is precisely the type of legitimate justification for local abstention that the Supreme Court established as a bedrock principle of our federal system of government over two decades ago.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.
Peter L. Markowitz is a professor at the Benjamin N. Cardozo School of Law.

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Interesting point. Strange bedfellows. Read the rest of Professor Markowitz’s article at the link.

PWS

03-10-18

GONZO’S WORLD: WHILE PUTIN DISMANTLES US DEMOCRACY, GONZO ATTACKS CAL. – Gov. Brown Calls DOJ Suit “Political Stunt!”

https://www.huffingtonpost.com/entry/doj-sanctuary-cities-suit_us_5a9ec5a4e4b0e9381c12c0e8

Elise Foley reports for HuffPost:

WASHINGTON — The Trump administration will ramp up its fight against so-called “sanctuary” policies by filing a lawsuit on Tuesday against the state of California over its laws meant to protect undocumented immigrants.

The lawsuit, which Attorney General Jeff Sessions will formally announce on Wednesday, is the latest in a string of moves by the White House, Department of Justice and Department of Homeland Security to combat local efforts to limit police cooperation with deportation. Thus far, this has largely involved condemnations and threats, including the withholding of federal funds and prosecuting public officials.

Now, the administration is seeking to block three California laws by arguing that they violate the Constitution and federal law.

“The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed on you,” Sessions is expected to tell law enforcement officers during a speech on Wednesday, according to prepared remarks. “We are fighting to make your jobs safer and to help you reduce crime in America. And I believe that we are going to win.”

To make its case, the DOJ is in part pointing to a ruling on a very different state-level immigration law: Arizona’s SB 1070, which was meant to expand local police efforts to find and arrest undocumented immigrants. The Supreme Court sided with the Obama administration by striking down major provisions of that law in 2012.

The Trump administration plans to argue that California is similarly overstepping its authority, senior DOJ officials said Tuesday. The lawsuit will challenge three laws that DOJ officials say hurt the government’s ability to carry out immigration enforcement.

Supporters of the California laws and “sanctuary” policies in general argue that they make communities safer by allowing local police to work better with immigrant communities and focus time and resources on duties other than immigration matters. (“Sanctuary” policies differ widely from place to place and there is no set definition for the term.)

California Gov. Jerry Brown (D) responded to Sessions’ suit Tuesday evening, calling it a “political stunt.”

“At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America,” he said in a statement. “Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”

. . . .

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Read Elise’s full article at the above link.

So far, Gonzo hasn’t had much luck on his anti-Sanctuary Cities campaign. But, sooner or later, if he keeps filing suits, he’ll probably get a Federal Judge who agrees with at least part of his position.

The suit has little if anything to do with effective law enforcement and everything to do with right-wing politics. Strangely, for one who is so disdainful of lawyers and their functions in society, Gonzo’s regime has been essentially a “full employment for lawyers” boon. And, of course, “Chuckie” Cooper is on Gonzo’s personal retainer, trying, so far successfully, to keep him out of jail in the Russia investigation.

PWS

03-07-18