CNN – Page 15 – immigrationcourtside.com

TWO NEW ONES FROM CNN’S AMAZING TAL KOPAN: September May Bring Dark Clouds For Dreamers — Trump Administration Lags In Filling Top Spots!

Good morning! Happy recess.

Thought you might find a couple stories of mine that we published this morning interesting.

As always, all the best,

Tal

A storm is brewing for DACA this September

By: Tal Kopan, CNN

A suite of pressures on the policy that protects young undocumented immigrants is brewing — and it could mean the program soon either becomes permanent or disappears entirely.

Next month, the Trump administration faces both an ultimatum from challengers to the Deferred Action for Childhood Arrivals policy, or DACA, and a potentially nasty government funding fight that could require an 11th hour deal to avert a shutdown.

Last week, the administration’s biggest defender of DACA moved much closer to the President, who has also spoken about being sympathetic to DACA recipients. Gen. John Kelly is now the White House chief of staff, and as homeland security secretary, he spoke frequently about preserving the program under this administration.

But the move also takes him out of the department that was responsible for issuing permits under the Obama administration policy — and he recently warned Democrats on the Hill that the program’s prospects are dim.

When Congress wraps up its August recess, members will return to a consequential month — one in which they may be forced to act whether they want to or not.

The earliest trigger will be September 5. That’s the deadline in an ultimatum issued by Texas Attorney General Ken Paxton and nine other state attorneys general to the Trump administration: Rescind DACA or we will challenge it in an unfriendly court. They have already succeeded in stopping a similar program to protect the parents of childhood arrivals to the US.

Trump said the ultimate decision on what to do will be made by him.

“It’s a decision that I make and it’s a decision that’s very, very hard to make. I really understand the situation now,” Trump said in a conversation with reporters on Air Force One last month. “I understand the situation very well. What I’d like to do is a comprehensive immigration plan. But our country and political forces are not ready yet.”

Trump has spoken recently about having compassion for recipients of the policy, which protects undocumented immigrants brought to the US as children from deportation and allows them to work and study in the US. But he also pledged to end the program “immediately” on the campaign trail, and his base strongly opposes the Obama administration policy they call an “amnesty.”

That could make punting the issue to Congress an appealing solution for the administration.

“My assumption is that the cleanest thing they can do, though they’ll take the vast majority of the blame for ending the program, is simply announce come September 5 a sunset of the program, that they’ll stop approving applications, and then invite Congress to work on legislation,” said a Democratic congressional staffer familiar with the issue who spoke on condition of anonymity to be candid.

Story continues here http://www.cnn.com/2017/08/07/politics/daca-coming-storm/index.html

At 200-day mark, Trump nominations still lag

By: Tal Kopan, CNN

On President Donald Trump’s 200th day in office, he still lags far behind his predecessors in staffing up his administration, both in terms of nominations and confirming those positions.

Any new administration has to fill roughly 4,000 positions across the government, more than 1,200 of which require Senate confirmation. While no administration can accomplish that task in 200 days, the nonprofit good-government group Partnership for Public Service recommends having the most important 300-400 confirmed by August recess.

Trump hasn’t come close.

The President got a big boost to his progress last week when the Senate confirmed en masse more than five dozen outstanding nominees — roughly doubling the number of nominees Trump has had confirmed.

But he still remains far behind.

As of August 4, when the Senate left town for its August recess, Trump has nominated 277 people for key posts, has had 124 confirmed, and has withdrawn eight of the nominations, according to CNN’s tracker.

The Partnership for Public Service has identified 577 executive branch positions as being particularly essential — and Trump has only successfully filled about a fifth of them.

Meanwhile, his predecessor fared far better at the same point in their terms. President Barack Obama had 433 nominations and 310 confirmations at the same point, President George W. Bush had nominated 414 and had 294 confirmed, and President Bill Cilnton had 345 nominations and 252 confirmed.

Trump’s rate of 45% of nominees confirmed lags behind Obama’s 72%, Bush’s 71% and Clinton’s 73%. His nominees have also taken far longer to confirm — an average of 54 days compared with 41, 35 and 30 respectively.

The White House has consistently placed blame for its slow pace on Democrats — the minority party in the Senate — arguing they’ve employed stall tactics to slow-walk Trump’s confirmations.

Indeed, before the failure of the Senate to advance a plan to repeal Obamacare, Senate Democrats were forcing Republicans to go through all procedural steps for nominees, dragging out the process.

But part of the slowness has also been due to difficulty getting paperwork in for many of the nominees, and some announced nominations were not transmitted to the Senate for formal consideration for months. Trump also lags in naming officials amid reports that Cabinet officials and the White House have butted heads over potential candidates.

Trump has had his entire Cabinet confirmed, although when he selected John Kelly as his chief of staff late last month, he created a vacancy at the Department of Homeland Security. But experts say his slowness to fill deputy positions at agencies is equally important, as those officials handle much of the day-to-day management of government.

Partnership for Public Service President Max Stier, who has advised multiple presidents and presidential candidates, including Trump, on transitioning into office, said the President should be prioritizing filling positions if he wants to execute his agenda.

“While the pace of nominations for political appointees has picked up in recent weeks, critical leadership positions remain vacant at almost every agency and department,” Stier said. “The President must prioritize getting his full team in place. Doing so will strengthen his ability to run the government, achieve his priorities and deal effectively with the inevitable crises that will take place in our complicated and dangerous world.”

Story link here: http://www.cnn.com/2017/08/07/politics/trump-200-days-nominations/index.html

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Thanks, Tal, for your incisive and timely reporting and for making it readily available to us.

PWS

08-07-17

TRUMP & GOP EXTREMISTS DECLARE WAR ON AMERICA: Xenophobic, Racist Agenda Also Attacks Young & Old — CNN’S TAL KOPAN BREAKS DOWN WHAT RAISE ACT REALLY DOES!

http://www.cnn.com/2017/08/02/politics/cotton-perdue-trump-bill-point-system-merit-based/index.html

Tal writes:

“Under the plan — if approved by Congress, which will be a heavy lift — the highest point-getting candidate, for example, not including special circumstances, would be a 26- to 31-year-old with a US-based doctorate or professional degree, who speaks nearly perfect English and who has a salary offer that’s three times as high as the median income where they are.

Have an Olympic medal or Nobel Prize? That will help too.

A candidate must have at least 30 points to apply.

Here’s how the points would be doled out:

Age

Priority is given to prime working ages. Someone aged 18 through 21 gets six points, ages 22 through 25 gets eight points and ages 26 through 30 get 10 points.

The points then decrease, with someone aged 31 through 35 getting eight points, 36 through 40 getting six points, ages 41 through 45 getting four points and ages 46 through 50 getting two points.

Minors under the age of 18 and those over the age of 50 receive no points, though people over 50 years old are still allowed to apply.”

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Read Tal’s complete article at the link.

PWS

08-03-17

CNN’S TAL KOPAN: Meet New Acting DHS Secretary Elaine Duke

http://www.cnn.com/2017/07/28/politics/elaine-duke-homeland-security-john-kelly/index.html

Tal writes:

“Washington (CNN)With Homeland Security Secretary John Kelly being tapped as President Donald Trump’s new White House chief of staff, leadership of the agency responsible for protecting the nation at home will fall to Elaine Duke, the deputy secretary.

According to the Department of Homeland Security, Kelly will remain the secretary until Monday, and then Duke will take over in an acting capacity.

The longtime veteran of government brings an expertise in business management and government acquisition to the role, with many of her past positions focused on the operational side of the bureaucracy.

Who is John Kelly, Trump’s new chief of staff?

Duke was sworn in as deputy secretary in April after a seven-year stint in the private sector. She was confirmed by the Senate on an overwhelmingly bipartisan vote, 85-14.

“I am grateful to have this opportunity to further mature the Department and continue improving its efficiency and effectiveness,” Duke testified at her confirmation hearing for the deputy position. “If confirmed, I promise to lead DHS in enforcing the law with respect and integrity. I will be honest in my assessments and recommendations, and relentless in pursuing excellence. Such commitments are critical at this juncture in homeland security.”

Since taking office, Duke has taken a lead role in many of the agency’s priorities, including an effort to increase security on large electronics in carry-ons on airplanes traveling to the US.

A public servant for nearly three decades, Duke spent the last eight years of her tenure with government at DHS, serving in a Senate-confirmed position as undersecretary for management from 2008 to 2010.

After working at DHS, she worked as the principal of Elaine Duke & Associates, described in her DHS bio as an acquisition and business consulting firm.

Reince Priebus out, John Kelly in as White House chief of staff

During her tenure at DHS, Duke worked in management and as chief procurement officer. She also worked in acquisition at the Transportation Security Administration. She took on that role less than a year after the September 11 attacks, according to an older speaker’s biography.

Duke also worked at the Department of Defense before she arrived at DHS.

She went to New Hampshire College for her undergraduate degree in business and received an MBA from Chaminade University of Honolulu.

According to DHS, she has received many honors during her public service career, including the Presidential Meritorious Rank Award, the DHS Secretary’s Medal, the TSA Silver Medal for Customer Service, the Department of the Army Commander’s Award for Public Service, and the Coast Guard’s Distinguished Public Service Medal.

Duke is married and has two sons, according to her Senate testimony.”

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Duke looks like a total pro. And, it appears that, barring something unusual happening (which might be the norm in this Administration), she will be around until at least next year, even if she doesn’t get the nod for the Secretary appointment.

But, General Kelly also looked and sounded like a pro until his confirmation hearing was over. Then, Kelly bought into and carried out the zany max enforcement, minimum judgment, waste of resources White Nationalist immigration program of Sessions, Bannon, Miller, and ultimately Trump. In other words, he was unwilling or unable to stand up for smart and humane enforcement that could benefit the country and stop the waste of taxpayer dollars.

Duke has one thing going for her that Kelly didn’t: she is familiar with the formidable DHS bureaucracy and how to actually get things done. Notwithstanding his credentials, Kelly appeared afraid to “just say no” to the demands of some (but by no means all) DHS agents for unlimited discretion for “gonzo” enforcement. Presumably, Duke is no stranger to the concept that line agents should carry out policies (and have their views considered, among others, in determining policies), not “make them up as they go along.”

Will Duke continue the “gonzo” policy of overloading the already overwhelmed U.S. Immigration Courts and stripping DHS prosecutors of discretion to help manage dockets? Or, will she take responsibility for establishing rational Immigration Court filings by DHS and restore needed ability to exercise prosecutorial discretion to the Assistant Chief Counsel?

We’ll see what happens.

PWS

08-01-17

CNN: American Families Are The Human Wreckage Of Trump’s Deportation Policies!

http://www.cnn.com/2017/07/27/politics/connecticut-family-deportations/index.html

Mallory Simon and Alex Marquardt report on CNN:

“New Fairfield, Connecticut (CNN)Six-year-old Preston Colindres runs up the driveway and front steps and jumps into his father’s arms.

“Hey buddy! How are you? Oh, I love you!” Joel Colindres says as he kisses his son’s cheek. He picks up his 2-year-old daughter, Lila, hugs her and tells her he loves her.

Colindres’ children don’t know their father’s heart is breaking.

Colindres, 33, fled from Guatemala more than a decade ago. He and his American wife, Samantha, can’t quite figure out how to tell their young children that in less than a month he may no longer greet them on the steps of their New Fairfield home.

How do you explain to a 6-year-old why their father is going to be deported? The couple is unsure — especially when they can’t figure it out themselves.

“I can’t seem to summon the courage to look them in the face and say all that,” Samantha Colindres said. “How can you say it before bed, how’s he going to sleep? How do you say it in the morning before school and ruin his day? When’s the right time?”

Read Samantha Colindres’ Facebook plea for help

Colindres must produce an airline ticket to Guatemala on Thursday as proof that on August 17 he intends to comply with a deportation order.

Stopping illegal immigration and kicking out “bad hombres” was a central theme of Donald Trump’s presidential campaign. In the days after his inauguration, he vowed to rid the country of violent criminals who enter the country illegally.

Trump administration widens net on deportation 01:53

Since he came into office, the number of undocumented immigrant arrests has risen by roughly one-third, according to Immigrations and Customs Enforcement statistics. That was largely driven by an increase in the number of non-criminals arrested.

But the Colindres family never thought Joel would be a target for deportation. They, along with family, friends, and their lawyer Larry Delgado, maintain his case is typical of a change in the face of those targeted for deportation.

“This is one of the most compelling cases that we have ever seen in terms of the positives versus the negatives,” Delgado said.

Delgado counts off the positives rapidly: Colindres is married to a US citizen; has two children who are citizens; pays his taxes; owns his own home and is a skilled worker who has been with the same company for 12 years. Most importantly, Delgado said, Colindres has no criminal record.

Delgado believed Colindres’ case would be a “slam dunk” to at least get a stay of deportation. But a growing number of undocumented immigrants have found themselves expecting one outcome and getting another, Democratic Connecticut Sen. Richard Blumenthal said.

“These individuals relied on the good word and promise of the American government. They were permitted to stay here, they reported periodically, they made no effort to hide, they violated no laws, they raised children here, US citizens, and contributed and worked hard,” Blumenthal said.

Unfairness should ‘strike the hearts of Americans’

Nury Chavarria, also a Guatemala native, sought sanctuary from deportation inside a church.

The Colindres family is not alone.

“There are hundreds and maybe thousands in Connecticut and many, many more around the country that find themselves in this trauma and tragedy,” Blumenthal said.

Similar cases include that of single mother Nury Chavarria, also a Guatemala native, who had taken sanctuary with her four children inside a New Haven, Connecticut, church last week to avoid deportation. Her eldest son, who is 21 years old, has cerebral palsy. Chavarria was granted a stay of deportation in her case on Wednesday night, according to her lawyer.

Sen. Blumenthal believes immigration laws should be enforced, but with discretion.

“We should be deporting people who are dangerous and who pose a threat to society, not people like Nury and Joel and others who have lived here, worked, paid taxes, raised families, and have people depending on them at work and in their homes,” Blumenthal said.

“That is a betrayal of American values, it’s also against our interest because our economy depends on the talents and energy of these people, and we should be providing some pathway to earned citizenship for them.”

But the Trump administration has made clear anyone here illegally can be subject to deportation.

“The fact that you are not a priority does not exempt you from potential enforcement,” a Department of Homeland Security official said. People with crimes like DUIs and status violations, or noncriminal histories but a final order of removal could be subject to deportation, the official added.

Blumenthal believes those like Colindres and Chavarria should get a chance to further present their cases to remain in America.

“The fundamental unfairness of it ought to strike the hearts of Americans,” he said.”

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Read the complete story at the link.

“Gonzo” enforcement in action. Diminishing America one arbitrary enforcement action at a time. Why do we deport them? “Because we can!”

PWS

07-31-17

BREAKING NEWS FROM CNN’S TAL KOPAN — TRUMP’S WALL DELAYED BY BID PROTESTS!

http://www.cnn.com/2017/07/27/politics/border-wall-delay/index.html

Tal reports:

“Washington (CNN)Construction on prototypes for President Donald Trump’s long-promised border wall has been delayed until winter at the earliest after bidders who were passed over filed protests about the decision, according to an update obtained by CNN.

The delay pushes back construction of the potential wall designs months beyond when the administration had hoped to break ground. The plan had originally been to build in June, and in recent weeks the Department of Homeland Security has insisted it was still on track to begin work on prototypes this summer.

But according to a memo sent out by the Customs and Border Protection legislative affairs office, obtained by CNN, two companies that were not selected to be finalists — who then were asked to submit more detailed proposals — filed a total of four protests of the process. While two of the protests, from WNIS, were dismissed, two from Penna Group are still under review and won’t be decided until October, the update said.

That sets the earliest that prototype construction could begin for November, to be completed by early December. That’s if no further protests are filed and if the original protests are dismissed, the update notes, and acknowledges that protests are a common part of government contracting.

First on CNN: Border lawmaker teams up with Silicon Valley on ‘smart wall’

CBP did not immediately respond to a request for comment.

The news comes as the House is set to vote Thursday night on a security funding package that would include money to build new border wall next fiscal year, though Democrats in the Senate have signaled they will oppose any such effort.

Since Congress has yet to appropriate any money for Trump’s signature campaign pledge, the prototypes have been the only step the administration has been able to take in executing Trump’s vision.”

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Gee whiz, this Government contracting process seems to be more complicated than Trump thought. Maybe he should just have Jared build the wall.

Many thanks to the always wonderful Tal Kopan for the “early scoop” on this.

PWS

07-27-17

UNFAZED BY HUMILIATION FROM TRUMP, SESSIONS MOVES FORWARD ON GONZO AGENDA — PICKING UNNECESSARY FIGHTS WITH “SANCTUARY CITIES” — DIVIDING AMERICA!

http://www.cnn.com/2017/07/25/politics/trump-admin-sanctuary-cities/index.html

CNN’s Tal Kopan reports:

“Washington (CNN)The Trump administration opened up a new salvo against sanctuary cities on Tuesday — moving to make immigration enforcement a pre-condition for receiving key law enforcement grants.

Attorney General Jeff Sessions announced Tuesday evening that applicants for Edward Byrne Memorial Justice Assistance Grants will be required to certify that they’ll cooperate with federal immigration enforcement more extensively than in the past, a move that is likely to generate court challenges quickly from advocates and state and local jurisdictions who have opposed President Donald Trump’s efforts.

Among the requirements: Letting federal authorities access detainees in jails to inquire about immigration status and giving the federal government 48 hours’ notice before any inmate they’re interested in is released.

The term sanctuary city loosely refers to jurisdictions that in some way do not cooperate with federal immigration enforcement. Localities have a variety of justifications for doing so, from protecting undocumented immigrants to preserving law enforcement’s ability to gain the trust and cooperation of communities. Some jurisdictions have also been barred by the courts from complying with certain federal requests.

Trump himself railed against sanctuary cities during a rally in Youngstown, Ohio, on Tuesday. He drew out a long and graphic description of violent gang members torturing and killing young women.

“These are the animals that we’ve been protecting for so long,” Trump said. “Well, they’re not being protected any longer folks. And that is why my administration is launching a nationwide crackdown on sanctuary cities.”

He hailed legislation in Congress targeting sanctuary cities and Kate’s Law, named for a woman allegedly murdered by an undocumented immigrant. He called on the Senate to vote on the bills now that they had passed the House.

“We’ve got to get it passed,” he said.

Sanctuary cities have been a key focus of the Trump administration and Republicans in Washington. The President signed an executive order in January that threatened to withhold federal funding from sanctuary cities, which immediately prompted a court challenge.

A federal judge this spring blocked the administration from enforcing that order broadly — limiting them to restricting the Edward Byrne grants based on a piece of law that requires localities to communicate immigration information about individuals to the federal government when asked.

. . . .

The Justice Department, however, stopped short of requiring compliance with “detainers” — requests from Immigration and Customs Enforcement to hold individuals suspected of being in the country illegally an extra 48 hours beyond when they would otherwise be released from custody. The administration has made complying with detainers a key piece of their efforts on sanctuary cities, although nothing in law requires local law enforcement to comply.

In fact, the latest slap from the courts came on Monday, when the Massachusetts Supreme Court ruled that it is a violation of state law to ask local law enforcement to comply with detainer requests without a criminal warrant, based on the fact that immigration violations are a civil crime — and thus Massachusetts law enforcement cannot arrest a person and hold them based on a civil infraction.”

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Read Tal’s complete report and watch the accompanying video at the link.

Let’s see, we’ll promote law enforcement by cutting off grants to law enforcement. That makes lots of sense. We’ll promote cooperation with local law enforcement by insulting and threatening them rather than by sitting down and discussing common solutions.

White Nationalists should be concerned about Trump’s vendetta against Sessions. No future Attorney General could possibly match Sessions’s enthusiasm for and commitment to the White Nationalist agenda and his racial, cultural, and ethnic insensitivity. Yet, Trump seems far less interested in an Attorney General who will continue to advance the White Nationalist racially divisive platform that he ran on than in finding an Attorney General who will “see job number one” as protecting Trump and his family from the legal and political consequences of their own actions. And, loyalty to the Constitution and the People of the U.S. — not even concepts that Trump understands, much less accepts.

PWS

07-25-17

“KATE’S LAW” — Steinle Family Didn’t Want Her Name Associated With Political Football!

http://www.cnn.com/2017/07/14/politics/kate-steinle-trial/index.html

CNN reports:

“San Francisco (CNN)One minute, Kate Steinle was walking with her dad on a San Francisco pier. The next, she fell to the ground, crying out for help after a bullet hit her in the back and pierced her aorta.

In a matter of hours, Steinle was dead, and police had arrested an undocumented immigrant who they accused of pulling the trigger.

On that summer day in 2015, Donald Trump had barely kicked off his campaign. But the case quickly became a rallying cry for Trump as he called for a crackdown on illegal immigration and railed against sanctuary cities.

In the two years since, candidate Trump has become President Trump, and Steinle’s name echoed in the halls of Congress this month as the House of Representatives passed Kate’s Law, a measure named for her.

But Steinle’s family has balked at her case becoming the symbol of Republicans’ immigration agenda. The attorney defending the suspect in the case says there’s more to the story than meets the eye.

And Juan Francisco Lopez-Sanchez, the undocumented Mexican immigrant who’s accused of killing Steinle and of repeatedly entering the United States illegally, has yet to go on trial.

Lopez-Sanchez appeared in court on Friday, wearing an orange jumpsuit and a blank expression through most of the proceedings.

Here’s the latest on the case: . . . .”

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Read the complete article and get detailed information on the current status of the case at the link.

No surprise that the Trump-Sessions crew and the GOP sponsors of “Kate’s Law” are more interested in scoring political points than the feelings of the family struck by this tragedy.

And, even “enhanced” deportation laws really would’t have prevented this tragedy. The suspect had already been deported five times.

Thanks to star CNN immigration beat reporter Tal Kopan for alerting me to this article to which she contributed.

PWS

07-14-17

TAL KOPAN AT CNN: DACA IN PERIL –“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended!”

http://www.cnn.com/2017/07/12/politics/daca-jeopardy-kelly/index.html

Tal Reports:

“Washington (CNN)The DACA program, which protects undocumented immigrants brought to the US as children, could be in serious jeopardy, President Donald Trump’s secretary of Homeland Security told lawmakers Wednesday.

States try to force Trump’s hand on DACA

Secretary John Kelly told Democrats of the Congressional Hispanic Caucus that while he personally supports the program, he could not commit to the Trump administration defending it, according to members in attendance and Kelly’s spokesman, David Lapan.

Kelly said that legal experts he’s talked to both inside and outside the administration have convinced him that it is unlikely the DACA program, the Obama administration’s Deferred Action for Childhood Arrivals executive action, would sustain a court challenge.

Six months in, Kelly’s military background still influences DHS secretary

Kelly said he has discussed DACA with Attorney General Jeff Sessions but wouldn’t describe the contents of those conversations. Sessions is an immigration hard-liner who has been outspoken against the Obama administration policy.

“He did not indicate that they would (defend it). He didn’t say that they wouldn’t, but he didn’t say that they would,” said New Jersey Democratic Sen. Bob Menendez. “So between that and what he says is the legal analysis he’s heard, it’s not a pretty picture.”

The issue may be forced later this year. There is a pending lawsuit on a related program, deferred action for parents of childhood arrivals, that will come up in September, and attorneys general from 10 states are threatening to add DACA to their complaints, which could force the administration to defend or abandon it.

Trump administration reverses DAPA in ‘house cleaning’

Kelly suggested to lawmakers they work to pass immigration reform, but lawmakers expressed frustration that Kelly seemed to ignore the difficulty of passing legislation and the Republican opposition to extending DACA. They were also unhappy he seemed unaware there were any bills to make the program permanent, including the bipartisan BRIDGE Act and other proposals including from some Republicans — “to which there was a combination of laughter and appalled shock in the room,” said California Rep. Nanette Barragán.

. . . .

“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended,” Illinois Rep. Luis Gutiérrez said.”

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Read Tal’s complete article at the link.

The Trump Administration probably could garner bipartisan support for some sort of long-term legislative relief for “DACA/Dreamers.” But, so far, they haven’t shown much interest in doing so.

PWS

07-13-17

CNN’S TAL KOPAN ON SANCTUARY CITIES: Trump Administration’s Statements Continue To Be a Goldmine Of Evidence For Opponents!

http://www.cnn.com/2017/07/07/politics/sanctuary-cities-trump-administration-words/index.html

Tal reports:

“Washington (CNN)The Trump administration does not shy away from tough rhetoric, and lawyers representing sanctuary cities are hoping that will come back to haunt it in court.

Attorneys representing Santa Clara County in California petitioned a federal judge late Thursday to enter a collection of statements made by members of the administration into the record in their case, saying that the administration’s public statements directly contradict what Justice Department lawyers are arguing before the court.

It’s the latest example of attorneys trying to use the public statements of the Trump administration against itself, a theme in court battles designed to try to block pieces of President Donald Trump’s agenda.

Santa Clara County is the lead plaintiff in a case challenging a piece of Trump’s January executive order on immigration that targeted sanctuary jurisdictions, a catch-all term generally used to describe states, cities and localities that do not fully cooperate with federal immigration enforcement.

The federal judge in the case in April blocked the administration from enforcing part of the order — a broad threat to take away federal funding from jurisdictions determined to be so-called sanctuaries.

Trump admin scales back threat to sanctuary cities

The judge allowed a narrow interpretation of the threat to be enforced, hinging on a small piece of US law that requires localities to transmit immigration information about individuals to the federal government when asked. The judge said the government could withhold a small subset of federal grants related to law enforcement if cities didn’t comply with that law — a requirement already put in place as a precondition for those grants late in the Obama administration.

Despite months of statements that the administration would seek to potentially take away more grant monies for a broader range of perceived noncooperation from jurisdictions, the Justice Department in May released guidance clarifying that the narrow range of actions allowed by the federal judge were the only punishment the government intended to pursue.

After that, the Justice Department asked the court to dismiss the case, based in part on the new guidance.

But attorneys for Santa Clara County are asking the court to not buy the government’s argument, pointing to statements since the guidance that go far beyond what it says.

Attorneys are asking the judge to allow them to file an additional argument in the case, which compiles those statements.

Examples include testimony of Immigration and Customs Enforcement acting Director Thomas Homan before Congress in June, where he said the government expects “not only sharing the information, but (to) allow us access to the jails” — the latter piece of which is not required by US law. The attorneys also note that Homeland Security Secretary John Kelly told Congress three days after the guidance memo: “With respect to ‘the Sanctuary Cities thing,’ he said: ‘Frankly, I don’t really know what it means. I don’t think anyone out there knows what it means.'”

Judge blocks part of Trump’s sanctuary cities executive order

The attorneys argue that because of the administration officials’ comments, the court can’t simply rely on the guidance memo from the Justice Department — accusing the administration of more than “moving the goalposts.”

“Defendants’ shifting positions, clarifications, and interpretations of the Executive Order make clear why the Court’s injunction is necessary,” the attorneys wrote. “Between counsel’s representations, the AG memorandum, relevant congressional testimony, and the President’s own statements, defendants aren’t merely moving the goalposts in this litigation; they’re switching sports entirely.”

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Read Tal’s complete article at the link.

Arrogance and ignorance are usually a toxic combination in litigation.

PWS

07-07-17

CNN’S TAL KOPAN: Congress “Stonewalls” Trump’s Wall!

http://www.cnn.com/2017/07/02/politics/border-wall-white-house-push/index.html

Tal reports:

“Washington (CNN)Building a border wall remains a stated top priority for President Donald Trump, but thus far he has precious little to show for it.

That’s largely because when Congress appropriated money earlier this year to fund the government, opposition from Democrats and some Republicans alike left the administration empty handed in terms of funding any new construction.

Trump’s Department of Homeland Security did get permission to reassign $20 million to fund prototypes for wall construction as well as new money for technology, maintenance and hiring for Border Patrol.

But the biggest thing Trump wants remains the biggest thing Democrats want to deny him — the ability to point at a structure and say: Here is the wall.

Multiple sources familiar with negotiations for both the fiscal year 2017 budget and 2018 cycle say that the White House did mobilize behind the wall — putting it in their proposed budget and having representatives like Budget Director Mick Mulvaney and Homeland Security Secretary John Kelly stump for it.

But Democrats from the outset threatened that inclusion of wall money would be a deal breaker on the budget, which needs Democratic votes to pass, meaning the White House risked a government shutdown standoff on the President’s 100th day in office if it forged ahead.

Where Trump’s border rhetoric meets reality

Ultimately, the White House accepted a budget deal that did not include the wall.

“Their priorities were made known, obviously,” said a House GOP aide, who requested anonymity to speak freely. But, the aide added, there was also an awareness that a second chance at money would be coming up this fall.

“I didn’t get the impression that they were deeply disappointed or unhappy,” the aide said of the White House. “I think they realized the situation and will continue to work toward to getting more money.”

Negotiations are well underway for the next chance, in the budget for fiscal year 2018.

But it’s an open question whether the administration will push Congress harder on getting money for the wall after caving on the signature campaign pledge this spring. The dynamics of the situation haven’t changed to give the White House any more leverage.

Already, Democrats have again signaled that a wall is a no-go. In a letter this week to their Republican counterparts, the top Senate Democrats in leadership and the Appropriations committee laid out their red lines.

“We are once again concerned with the President’s Fiscal Year 2018 request for a very expensive, ineffective new wall along the southern border with Mexico,” the Democrats wrote.

Trump seeks $1.6 billion for border wall ‘bricks and mortar’

And other barriers in Congress remain. Border state lawmakers of both parties are largely against a massive wall in their districts, preferring technology and smart infrastructure. Even without Democratic support, it’s unclear if Republicans have the votes among themselves to move forward with a wall.”

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Read Tal’s entire article at the above link.

We arrived in Washington, D.C. in the “Watergate Summer” of 1973. “Stonewall” was one of the great adjectives used during Watergate to describe efforts by the Nixon Administration to undermine and resist the various Watergate investigations. It remains vibrant and relevant 44 summers later!

Gee, I thought that Mexico was going to pay for “The Wall.”

PWS

07-02-17

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists. Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

HOUSE PASSES MORE UNNEEDED, DIVISIVE, ANTI-IMMIGRANT LEGISLATION!

http://www.cnn.com/2017/06/29/politics/kates-law-house-vote/index.html

Tal Kopan reports for CNN:

“Washington (CNN) The House Thursday is expected to pass bills that would hand President Donald Trump key pieces of his immigration agenda, especially efforts targeting sanctuary cities.

The bills, “Kate’s Law” and the No Sanctuary for Criminals Act, would install harsher penalties for repeat illegal entry to the US, and expand US law on sanctuary cities to pressure localities to cooperate with federal immigration enforcement.
But it’s unlikely either would have enough votes to pass the Senate, which struggled with Kate’s Law last year.

Immigration and civil liberties advocates have also come out swinging against the bills, saying they bolster a “deportation force” and anti-immigrant agenda from the Trump administration.
Both bills come from the Judiciary Committee led by Virginia Rep. Bob Goodlatte, a longtime proponent of strict immigration policies like Trump’s and Attorney General Jeff Sessions. Another lead sponsor is Iowa Rep. Steve King, one of the most aggressive Republicans on immigration enforcement who has a history of controversial statements about immigrants.”

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Read Tal’s complete article at the link.

Looking at the folks pushing this ill-advised piece of legislation tells you about all you need to know about what’s really underneath the surface.

PWS

06-29-17

“USA” — UNITED SYCOPHANTS OF AMERICA — Cabinet Joins Clown Brigade 🤡 — Hey Dudes, You Are Supposed To Be Loyal To The People (Who Pay Your Salaries) & The US Constitution, Not The Supreme Leader!

Here’s a link to CNN video through HuffPost.

WARNING: Don’t watch this on a queasy stomach!

http://www.huffingtonpost.com/entry/trump-first-cabinet-meeting_us_593f0820e4b0b13f2c6d6530?zhu

PWS

06-13-17

Sessions Likely To Take Heat For Role In Comey Firing After Recusal!

http://www.cnn.com/2017/06/12/politics/jack-reed-attorney-general-jeff-sessions-cnntv/index.html

CNN reports:

“(CNN)A Democratic senator who will question Attorney General Jeff Sessions at tomorrow’s Senate intelligence committee hearing wants to know why he was involved in the decision to fire former FBI director James Comey after he had recused himself from the Russia investigation.

“I think it’s important to establish why he was involved in the dismissal of Director Comey since he had recused from, apparently, all matters related to the Russia investigation, and (President Donald Trump) himself has indicated that he, indeed, based his dismissal of Comey on the Russia Investigation,” Rhode Island Sen. Jack Reed said on CNN’s “Erin Burnett OutFront.” “The attorney general’s involvement is highly questionable, to be blunt, and I think those questions will be raised.”
The White House initially cited memos from Sessions and Deputy Attorney General Rod Rosenstein recommending Comey’s firing over his handling of the Hillary Clinton email probe as the reason for his dismissal, and did not mention the Russia investigation. Trump later said in an interview with NBC News’s Lester Holt that he was going to fire Comey “regardless of the recommendation” and that he was thinking of the investigations into Russian involvement in the 2016 election when he decided to let the FBI director go.
Sessions will answer lawmakers’ questions on those matters Tuesday at the hearing. Reed said he expects Sessions to be asked if he was aware that Trump was factoring Comey’s handling of the Russia investigation in his decision to fire Comey. And, if Sessions was aware of the President’s rationale, Reed said he expects that senators will ask why he did not remove himself from discussions about Comey.
Asked if he thinks Sessions will answer these questions, Reed said, “I don’t know frankly. I would hope that he would answer the questions.”

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Sessions is a pretty slippery character with a conveniently bad memory for some things (like who the Russian Ambassador is, what he looks like, and what the question was). But, he is a lawyer, so I wouldn’t expect the Committee to get anything except platitudes from him (like at his Comformation hearings where he obscured his White Nationalist philosophy and his predetermined plans to undermime civil rights, tank sentencing reform, and “go gonzo” on immigration enforcement).

PWS

06-12-17

Venezuela Now Tops List Of Asylum Sending Countries!

http://www.cnn.com/2017/06/11/us/venezuela-asylum-seekers-us/index.html

Marilia Brocchetto, Polo Sandoval and Jaide Timm-Garcia report for CNN:

“(CNN)The decision to come to the United States wasn’t an easy one. Carolina, a 33-year-old mother of three, said it was perhaps one of the toughest decisions of her life — one taken after many sleepless nights in her Barquisimeto, Venezuela, apartment.

Holding back tears, she remembers a night spent on the floor. She huddled with her three kids, praying, as Venezuelan government forces fiercely clashed with protesters outside her apartment walls. In the streets anti-government protesters demanded Venezuelan President Nicolas Maduro step down. Their protests were met with tear gas, water cannons, and rubber bullets. During that night of April 11, three Venezuelans would die in the Barquisimetoarea.

“The hardest moments happened on the last days,” Carolina said. Carolina is not her real name. She has asked to remain anonymous for fear of retaliation against her family in Venezuela.

Carolina says she got emotional the first time she visited an American supermarket. One of the first things she bought was candy for her children.

Sitting in a metro Atlanta shopping area, she talks of an entire life left behind. The boutique she owned with her husband. The social events she organized. She remembers her family — her uncle who’s currently recovering from a stroke and her grandmother, in her 80’s, who has no one to care for her.

“One day I called her and she told me all she had to eat was rice and butter.”

Venezuela has been plagued by food shortages and soaring prices. Inflation levels are in the triple digits. In 2016, the average Venezuelan living in extreme poverty lost about 19 pounds due to the lack of food. Many of its citizens had to skip meals, according to a national poll.

People have demanded president Maduro step down and hold elections. Protests have stretched into a third month, resulting in nearly 70 deaths.

Carolina, her husband and their three kids will soon be joining the growing number of Venezuelans seeking asylum in the United states. Venezuelans are now the top asylum seekers in the US, ahead of citizens from China, Mexico, Guatemala and El Salvador. It’s the first time Venezuelans have topped the list.

Carolina sold her business and her car in Venezuela and used the money to buy plane tickets for her family. The leftover money was rationed out to buy a small car and for a deposit on an apartment.

“We know we are starting from zero” she said, “it is a very difficult time and I have a lot of sadness in my heart for the things I left behind in Venezuela, but for my children, it is all worth it.”

Carolina and her family have been in the United States for less than a month. Once they file their asylum applications, Carolina and her husband will then need to wait 150 days before they can request a work permit.

In the meantime, she said she stays up at night talking to her husband about money, and how little of it they have left.

He played on amidst the chaos of protests – until cops broke his violin

However, Carolina knows her family is lucky to have had the tourist visas that allowed them to come into the US.”

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Read the complete story with more “individual portraits” at the link. This shows another hole in the Trump “border deterrence” theory: most Venezuelans enter the US legally and apply for asylum later on. I had predicted some time ago that Venezuela’s abusive leftist government would soon collapse what had been one of the Hemisphere’s more prosperous and resource rich countries, scattering hundreds of thousands of refugees throughout the Americas!

But, of course, advance planning with other nations for a humanitarian response to refugee emergencies is beyond this Administration. They just keep spouting enforcement and detention, the same failed, yet expensive, so-called “strategies” that have been unsuccessfully tried over and over for the past 50 years.

PWS

06-11-17

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