📚BOOKS:  “Streets of Gold: America’s Untold Story of Immigrant Success” By Ran Abramitzky and Leah Boustan — Reviewed By Michael Luca @ WashPost!

Ran Abramitzky Professor of Economics and the Senior Associate Dean of the Social Sciences at Stanford University
PHOTO: Stanford.edu
Leah Pratt Boustan
Professor Leah Pratt Boustan
Economist
Princeton University
PHOTO: Princeton Website
Michael Luca
Michael Luca
Lee J. Styslinger III Associate Professor of Business Administration Harvard Business School
PHOTO: has.edu

https://www.washingtonpost.com/outlook/2022/06/10/what-research-really-says-about-american-immigration/

. . . .

The reality is that immigration debates are often driven more by feelings than facts. And there is often disagreement about basic facts — such as how immigration has evolved over time, how successful immigrants become once they enter the United States and how they affect the communities they enter. The problem is, in part, a lack of accessible empirical evidence on the topic.

Enter “Streets of Gold: America’s Untold Story of Immigrant Success,” a book by economic historians Ran Abramitzky and Leah Boustan that seeks to set the record straight, using an economics tool kit and a treasure trove of data. Their mission is twofold. First, to offer a data-driven account of the history of American immigration. Second, to provide guidance into what research suggests about the design of immigration policy.

The book reflects an ongoing renaissance in the field of economic history fueled by technological advances — an increase in digitized records, new techniques to analyze them and the launch of platforms such as Ancestry — that are breathing new life into a range of long-standing questions about immigration. Abramitzky and Boustan are masters of this craft, and they creatively leverage the evolving data landscape to deepen our understanding of the past and present.

In contrast with the rags-to-riches mythology, a more systematic look at the data shows that low-income immigrants do not tend to catch up to nonimmigrant income levels in their lifetimes. Instead, financially successful immigrants tend to come from more privileged backgrounds. To name a few: the authors point out that the father of Tesla chief executive Elon Musk “co-owned an emerald mine.” EBay founder Pierre Omidyar’s “father is a surgeon who worked at Johns Hopkins University,” and his “mother has a PhD in linguistics.” Google co-founder Sergey Brin’s “father is a professor of mathematics,” and his “mother is a NASA scientist.” Looking at how many companies have been led by high-skilled immigrants, I wonder how much more innovation we are missing out on by not further opening our doors to the world’s talent. Yet these are hardly tales of huddled masses.

The case that lower-income and lower-education immigrants also meet with success rests on assessing not only the fates of immigrants themselves but also those of their children and their children’s children. As it turns out, Abramitzky and Boustan write, “children of poor immigrants from nearly every country in the world make it to the middle of the income distribution.” Immigrants from mainland China, Hong Kong and India do especially well.

The book debunks myths that immigrants dramatically increase crime and displace U.S.-born workers. Much of this work focuses on natural experiments in which sudden shocks to immigration levels have allowed for a better understanding of cause and effect. For instance, the authors point to the 1980 Mariel boatlift, which brought an influx of Cuban immigrants to the United States, especially to Miami, virtually overnight. The surge of low-income immigrants did not lead to large spikes in unemployment for U.S.-born workers. Low-skill immigrants have a history of taking jobs that would otherwise be unfilled or filled by machines. As companies around America were rushing to automate operations, the influx of Cuban immigrants to the Miami area slowed this process, and jobs went to people rather than to machines. Compared with the rest of the country, businesses in high-immigration areas have access to more workers and hence less incentive to invest in further automation.

This has implications for today’s immigration debates: The United States is expected to face a dramatic labor market shortage as baby boomers retire and lower birthrates over time result in fewer young people to replace them. Increased immigration is one approach to avoiding the crunch. Notably, the other way to avert this crisis is through further automation, enabled by rapid advances in artificial intelligence. Immigration policy will help shape the extent to which the economy relies on people vs. machines in the decades to come.

Immigration is, of course, about more than economic activity. Part of its beauty is the cultural richness and diversity that it brings. A multicultural society is greater than the sum of its parts. Miami is exciting not because of assimilation but because of the culture that its diverse population has created. It’s a city where you can find croquettes and Cuban coffees as easily as pizza and burgers. There is a rich history of immigrants bringing new cuisines, which are then adopted and adapted throughout the United States, a journey that can be seen in the evolution of Italian American food.

Drawing on the research, Abramitzky and Boustan weigh in on a number of hot-button policy issues: For instance, should the United States focus on encouraging high-education immigration? They conclude that “policies designed to deter less-educated immigrants from entering the United States are misguided.” Discussing the border wall, they argue that “no one wins from the border fencing policies.” And on the 1.5 million undocumented immigrants who arrived as children, they make a full-throated argument in favor of “providing work permits and a path to citizenship,” noting that “the barriers that undocumented children face are stumbling blocks of our own making.” On this last point, it is hard to disagree. Our treatment of undocumented children is a stain on our nation.

In the end, the authors offer an optimistic message: “Immigration contributes to a flourishing American society.” In a rapidly evolving world, Abramitzky and Boustan urge us to take “the long view, acknowledging that upward mobility takes time, and is sometimes measured at the pace of generations, rather than years.”

. . . .

Michael Luca is the Lee J. Styslinger III associate professor of business administration at Harvard Business School and a co-author of “The Power of Experiments: Decision Making in a Data-Driven World.”

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

Read the complete review at the link. It contains Luca’s own family immigration story.

The research highlighted by this book clearly refutes the many negative myths about migrants upon which the Trump GOP’s “campaign of hate and misinformation” is based.

But, unfortunately, I wouldn’t expect truth about immigration — no matter how compelling and well-documented — to change many minds on the far right. As Luca says: “The reality is that immigration debates are often driven more by feelings than facts.” Sadly, hate, fear, racism, resentment, and intolerance are “powerful feelings.” 

It’s going to take a combination of political power, courage and talent to exercise it boldly, education, and better values from the upcoming generations of younger Americans to overcome White Nationalism and its pernicious effects. I have to hope that there is time for the “long view” and our “better angels” to win the future.

🇺🇸 Due Process Forever!

PWS

06-13-22

THE GIBSON REPORT — 05-31-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — More Restrictionist Myths Exposed, Graduating Dreamers, U.S. Employers Left “Twisting in the Wind”🤮 & Other Developments In The World Of Human Rights!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

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Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

NEWS

 

Around 100,000 ‘Dreamers’ to graduate without shot at work permits

Hill: DACA was put in place as a temporary stopgap in 2012, giving the right to work and study, and deferral from potential deportation, to undocumented immigrants who arrived in the country as minors before 2007… Only a quarter of 2022 undocumented graduates would be eligible for DACA, making it the first graduating class since the policy’s been in place to have a majority of post-DACA undocumented graduates.

 

Senate Votes Down Resolution To Ax Biden Asylum Rule

Law360: The U.S. Senate on Thursday voted down a resolution under the Congressional Review Act that could have overturned President Joe Biden’s policy vesting asylum officers with greater power over asylum. See also Biden prepares asylum overhaul at border, but court challenges loom.

 

ICE Agents Probably Won’t Arrest People Affected by the Texas Shooting

Vice: Federal officials declared Uvalde to be a “protected area” and said immigration agents would avoid enforcement “to the fullest extent possible.”

 

Legislators call for investigation into Boston asylum office over low rate of approvals

WGBH: In a letter sent Thursday to the Office of the Inspector General, the delegation wrote they’re concerned over a report that only 15.5% of asylum applicants reviewed by the Boston asylum office between 2015 to 2020 were approved, which is roughly half of the national average of 28%. This is the second-lowest in the nation after the New York asylum office.

 

Immigrant Bail Bond Industry Is ‘Wild West,’ State Lawmakers Say

The City: With only days left in the legislative session, Albany lawmakers are pushing to put regulations for a largely unregulated immigration bail bond industry, notorious for literally shackling clients with crippling debt and bulky ankle monitors.

 

Detention Ombudsman Reports 52% Of Complaints Were About Living Conditions

AIC: While the data is a small sample size, it paints a clear picture of why detention is so harmful, counter-productive, and arbitrary. For example, 52% were complaints about quality of life/living conditions. The next top complaints were about medical issues. The third category were about abuse & assault (legal access issues came in fourth).

 

Amazon Urged To End Support For DHS Biometric Program

Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.

 

Illegal Immigration Is Down, Changing the Face of California Farms

NYT: The new demographic reality has sent farmers scrambling to bring in more highly paid foreign workers on temporary guest-worker visas, experiment with automation wherever they can and even replace crops with less labor-intensive alternatives. See also A human-trafficking case exposed farmworker abuses. The government is promising change.

 

Immigration, Upward Mobility, and the U.S. Economy

Harvard Business Review: Ran Abramitzky, a professor at Stanford University, and Leah Boustan, a professor at Princeton, looked at decades of data to understand the real impact that immigrants and their descendants have on America today. Their findings dispel several modern-day myths and suggest that not just political but also corporate leaders need to push for more rational rhetoric and policies.

 

A wave of Afghan teens arrived suddenly — and changed everything at a Chicago high school

WBEZ: These challenges are not isolated to the walls of Sullivan. With a record 100 million people displaced around the world, including 3 million Afghans, and the war in Ukraine adding to that tally every day, the Rogers Park school stands as an example of the kinds of challenges and transformations unfolding in schools and communities across the globe.

 

LITIGATION & AGENCY UPDATES

 

What To Expect As 5th Circ. Prepares To Hear DACA Clash

Law360: The Fifth Circuit is poised to consider the legality of a deportation relief program for immigrants brought to the U.S. as children. As oral arguments come up, Law360 takes a look at what’s happened thus far and what could happen in and outside the courts.

 

Child Endangerment Plea Sinks 3rd Circ. Deportation Fight

Law360: A Third Circuit panel ruled 2-1 in a precedential decision Thursday that a Dominican man convicted of endangering the welfare of a child could be deported because that crime qualifies as child abuse.

 

Unpub. BIA on nexus, PSG

Courtside: Judge Ellen Liebowitz’s compact, cogent, powerful opinion is a terrific “mini-primer” on how PSG and “one central reason” nexus cases properly should be decided.

 

Roe v. Mayorkas on Afghan Parole

ACLU: Nine months after the fall of Kabul to the Taliban, USCIS’s abandonment of the humanitarian parole process of Afghans has left the plaintiffs stranded and in danger. After months of waiting, they have received either denials or no responses to their applications. One plaintiff applied for six family members, but tragically lost three of them while awaiting decisions on their applications for humanitarian parole.

 

Feds Ask Court To Nix Deadlines For Allies’ Green Card Apps

Law360: The Biden administration asked a D.C. federal court on Tuesday to undo an order to speedily process green card applications for thousands of Afghan and Iraqi translators, saying the plan is no longer feasible due to chaos abroad and bureaucratic dysfunction at home.

 

Mexico’s Supreme Court Declares Immigration Checkpoints Unconstitutional

AIC: The case before Mexico’s Supreme Court involved three indigenous Mexican citizens. Immigration officials detained the three siblings due to their appearance and limited proficiency in Spanish. They were held for eight days where the 18-year-old brother was tortured until he signed a document indicating he was from Guatemala, even though he could not read Spanish.

 

USCIS To Adjust Its Interpretation Of Three And 10-Year Bars Of Inadmissibility

Chugh: As a result of a lawsuit, the United States Citizenship and Immigration Services (USCIS) intends to no longer force certain adjustment of status applicants to leave the United States during their period of inadmissibility. Additionally, USCIS will not reject adjustment of status applications if an applicant was in the United States during the period of inadmissibility without a waiver. The new policy interpretation is still being finalized by the Department of Homeland Security and new USCIS guidance is expected soon.

 

Amazon Urged To End Support For DHS Biometric Program

Law360: A coalition of immigration and technology advocacy groups urged Amazon on Tuesday not to provide web hosting services for the U.S. Department of Homeland Security’s biometric information database, citing concerns about the project’s implications for civil liberties and privacy rights.

 

Immigration Help Available to Those Affected by Special Situations, Including the Shooting in Uvalde, Texas

USCIS: U.S. Citizenship and Immigration Services reminds the public that we offer immigration services that may help people affected by unforeseen circumstances, including the shooting in Uvalde, Texas.

 

USCIS Announces Availability of New EAD Automatic Extension Calculator

AILA: Following the USCIS temporary final rule increasing the automatic extension period for EADs, USCIS created the EAD Automatic Extension Calculator to assist employers and employees with determining the EAD expiration date for eligible employees.

 

DHS Notice Regarding New Assessment of Customer Experience and Service Delivery Subcommittee

AILA: DHS notice stating that the Secretary directed the Homeland Security Advisory Council to establish a subcommittee which will provide findings and recommendations on how DHS can improve its customer experience and service delivery.

 

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

AIC: Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020.

 

CBP “Manifesting Fear of Expulsion Under Title 42” Documents (May 21, 2022)

LexisNexis: Here are links to two May 21, 2022 CBP Title 42 guidance documents stemming from the Huisha Huisha v. Mayorkas (27 F.4th 718, CADC 2022) litigation.  They went into effect at 12:01 a.m. (EDT) on May 23, 2022.

 

RESOURCES

 

NIJC RESOURCES

 

GENERAL RESOURCES

 

 

 

EVENTS

 

NIJC EVENTS

 

 

GENERAL EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Leah Pratt Boustan
Professor Leah Pratt Boustan
Economist
Princeton University
PHOTO: Princeton Website

LEAH BOUSTAN: I think that we’re seeing some of the same anti-immigrant rhetoric today than we’ve seen in the past US history. So we were interested in comparing immigrants that are coming to the U.S. today from all around the world to what we think of as the Ellis Island generation a century ago that faced a lot of anti-immigrant sentiment at the time. But now when we look back with hindsight on that generation, we have a very different view, a nostalgic view that sees those immigrants as contributing to society, building the economy. So we wanted to know are the immigrants that the U.S. is welcoming today on the same path and on the same trajectory as the past?

Honestly, what we find here really surprised both of us because we’ve heard all of the worries and concerns that people all across the aisle, I think, are expressing about immigrants today. That they come from poor countries. That it takes them a while to move up the ladder. So we were really surprised to see this really commonality between the Ellis Island generation and immigrants today. We end up seeing in the data that immigrants from Europe 100 years ago, and immigrants from Asia and Latin America today look like they’re on such a similar trajectory. Despite so many differences between the past and present, we see really a common immigrant story.

Check out the article from Harvard Business Review highlighted by Elizabeth above!

🇺🇸Due Process Forever!

PWS

06-02-22

 

 

 

🗽🧑🏻‍⚖️ BIA APPELLATE JUDGES LIEBOWITZ, BROWN, MANUEL WITH STRONG REVERSAL OF HIGH-DENYING IJ IN FIFTH — Nexis, PSG — Roberto Blum Reports!  — “This makes the need to populate the Immigration Court bench with independent, highly qualified, experienced, non-political unbiased individuals with appropriate temperament even more urgent,” Says Says Brooklyn Law Associate Dean Stacey Caplow!

 

Roberto writes:

Hello Judge,

Here’s another remand you might like to read. This time it was Nexus and PSG with IJ Monique Harris (previously in Houston). According to TRAC she has a 96.5 asylum denial rate. The prior remand I shared was IJ Khan who is at 97% denial rate. Clearly these IJs are getting a lot of “matter of life and death” decisions wrong. As you say, haste makes waste. This case (like the previous one) should have been easy grants with all of the supporting documents that were included. I appeared at the individual hearing and my colleague Bryan Russell Terhune (from the same office) worked on the BIA Brief.

P.S. you can see this news article:  https://sv.usembassy.gov/court-inaugurated-memory-pnc-agent/ ,  from our own U.S. Embassy in El Salvador where they inaugurated an athletic court in the Usulutan Police Delegation, named after the PNC officer Nelson Panameño, who was killed. Panameño was one of the instructors from the Gang Resistance Education and Training Program (GREAT) which my client closely worked with for many years helping him and the PNC gain trust with the community and local youth. This was part of the record, plus a lot more evidence showing this specific connection and the specific and imminent warnings that Panameno gave to my client before his own murder. This was just one of the many great things this client did in El Salvador to try and make his country a better place. We are lucky to have him and his family in this country now.

Best,

DPF!

RB 

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Here’s the panel decision:

BIA APPEAL REMAND (Redacted)

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

Thanks, Roberto.

As Roberto says:

This was just one of the many great things this client did in El Salvador to try and make his country a better place. We are lucky to have him and his family in this country now.

That this respondent is here to contribute to our country is due to Roberto and his colleagues in the Law Office of Juan Reyes, Houston, and to this particular panel of BIA Appellate Judges. But it is “no thanks” to the IJ who got this case egregiously wrong below!

Nor, is it thanks to an Attorney General who has allowed injustice, bad judgment, and poor quality decision-making to flourish at the “retail level” of his wholly-owned “court” system. What about the many folks who don’t have Roberto or someone like him for a lawyer or who get members of the “BIA asylum deniers club” appointed under Trump to “pack the BIA for an anti-asylum agenda” instead of this panel of conscientious appellate judges?

I note that Judge Elise Manuel and Judge Denise Brown are currently denominated “Temporary” Appellate Judges. At least in this case, along with Judge Ellen Liebowitz, they “got it” at a level at odds with the work of too many of their so-called “permanent” colleagues. Why has Garland allowed this obviously problematic situation to continue to fester with human lives at stake?

Judge Ellen Liebowitz’s compact, cogent, powerful opinion is a terrific “mini-primer” on how PSG and “one central reason” nexus cases properly should be decided! As Judge Liebowitz demonstrates, you don’t have to write a lot to say a lot. You just have to know what you’re doing!

The gross, fundamental errors in the application of basic statutory terms by the IJ below in this case are, unfortunately, repeated on a regular basis by many of her colleagues across America who are improperly “programmed to deny” clearly grantable asylum cases.

It belies the bogus claim that EOIR is an “expert subject matter tribunal!” That expertise is, at least in part, what the questionable doctrines of “Chevron deference” and “Brand X abdication” by the Supremes rest upon. Shouldn’t it make a difference that in EOIR’s case, it’s a lie?

Why is Garland allowing this to happen when it could be remedied? Make this case a precedent and start removing, retraining, or reassigning so-called “judges” who don’t follow it and who continue to disregard the law and the rights of asylum seekers! 

Why isn’t this case a precedent? Why is an IJ who is so clearly unqualified to decide asylum cases still on the Immigration Bench under Garland? Why aren’t cases like this being used to end the “asylum free zone” improperly established by some Houston IJs?

These are the “tough questions” that Garland should have addressed. Why hasn’t he? Why is “refugee roulette” still plaguing EOIR and American justice — 15 years after the problem was first “outed” by my Georgetown Law colleagues Professors Schrag, Schoenholtz, and Ramji-Nogales? How is this “good government,” or even “minimally competent government?”

When compelling, well-documented cases like this are turned down at the trial level, something clearly is rotten in the system! Make no mistake about it, lack of expertise, bad judicial attitudes, widespread anti-asylum bias, counterproductive “haste makes waste gimmicks,” and way, way too many denials are significant “drivers” of the backlog that continues to mushroom under Garland.

The arbitrary and often grotesquely unfair, unprofessional, and results-driven state of “justice” in Garland’s dysfunctional Immigration Courts was recently highlighted by Brooklyn Law Associate Dean Stacey Caplow in her lament about the Supremes’ abdication of responsibility in Patel v Garland.

Stacy Caplow
Stacy Caplow
Associate Dean of Experiential Education & Professor of Law
Brooklyn Law
PHOTO: Brooklyn Law website

As Dean Caplow cogently points out:

Patel shuts the door firmly and unequivocally, preventing independent review of fact-finding by Immigration Judges, however irrational and indefensible once the Board of Immigration Appeals has affirmed. This makes the need to populate the Immigration Court bench with independent, highly qualified, experienced, non-political unbiased individuals with appropriate temperament even more urgent. Perhaps this case will provide new impetus for reform such as Real Courts, Rule of Law Act of 2022 voted by the House Judiciary Committee in May just days before the Supreme Court’s decision.

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/the-pathos-of-patel-v-garland

While an independent, subject matter expert Article I Immigration Court is the obvious answer, unfortunately, it’s not immediately on the horizon. Meanwhile, the innocent and vulnerable continue to suffer daily injustices, sometimes gratuitous humiliation or dehumanization, in Garland’s broken system. It DOESN’T have to be this way!

As Dean Caplow says, we “need to populate the Immigration Court bench with independent, highly qualified, experienced, non-political unbiased individuals with appropriate temperament.” It’s not “rocket science” 🚀— just intellectual excellence, courage, and a fair-minded approach to justice!

There are literally hundreds of extraordinarily well-qualified individuals out there in the private sector who could outperform the IJ in this case in every critical aspect of the job! Why hasn’t Garland actively recruited them for his courts? Why isn’t his system functioning correctly “on the retail level?”

Garland has the authority to take the bold action necessary to redirect, refocus, and re-populate his current parody of a court system to laser-focus on due process, fundamental fairness, judicial expertise in immigration and human rights, and efficiency (without sacrificing due process or decisional excellence). All of us who care about the future of American justice should be asking why he isn’t doing his job!

🇺🇸 Due Process Forever!

PWS

05-31-22

“CROCK”-ODILE 🐊 TEARS 😂: Incredibly, Thomas Bemoans Lack Of Respect For Institutions That He, Ginny, & Their Far-Right Extremist Buddies Helped Destroy!🤮 — “[T]his is a guy who has spent a lifetime trying to take a battering ram to all the Supreme Court major precedents!”

Mary Papenfuss
Mary Papenfuss
Contributor
HuffPost

https://www.huffpost.com/entry/clarence-thomas-accept-roe-v-wade-bullied-live-with-critics_n_6276e62ce4b0b7c8f084fe16

Mary Papenfuss reports for HuffPost:

Critics were stunned Saturday after Supreme Court Justice Clarence Thomas scolded Americans for not accepting controversial rulings — after his own wife battled against the results of a legitimate presidential election.

Thomas chided a distraught public in comments Friday at a judicial conference in Atlanta following the leak of a draft Supreme Court opinion that would gut Roe v. Wade and a half-century of the right to an abortion.

He complained that Americans are “addicted” to results they want — while “not living with” rulings they oppose. He warned that the court will not be “bullied” in the face of protest. Declining respect for the law and institutions, Thomas warned, “bodes ill for a free society.”

Thomas detractors were agog. Not only has his wife, Virginia “Ginni” Thomas, refused to “live with” the presidential election, he was the sole Supreme Court justice to vote that former President Donald Trump should not have to release his White House documents to the House committee investigating last year’s insurrection.

Thomas has also repeatedly attempted to rip up legal precedence set by the court.

“The irony is so thick you wonder if it’s maybe a Clarence Thomas impersonator,” former U.S. Attorney Harry Litman said on MSNBC Saturday.

“Among other things, this is a guy who has spent a lifetime trying to take a battering ram to all the Supreme Court major precedents” of law, Litman added. “He’s now saying people don’t respect the law enough. That’s even leaving aside all the controversies he has engendered, as has his wife. It’s just … remarkable.”

. . . .

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

Read the full article at the link.

There is no end to the hypocrisy and subversiveness of the Thomas Clan and the far-right.

🇺🇸Due Process Forever!

PWS

05-09-22

🤡 “BILLY THE BIGOT” BARR PULLED UP IN A CLOWN CAR 🤡🚗 & UNLOADED HIS CLOWN SHOW 🤡🎪 @ THE DOJ — Garland Has Chosen To Largely Leave The “Big Top” 🎪🤹‍♀️In Place!

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

From Dana Milbank @ WashPost:

https://www.washingtonpost.com/opinions/2022/03/04/bill-barr-book-trump-clown-show/

 . . . .

In real time, Barr jettisoned Justice Department norms and authorized the department to open election-fraud investigations before the tallies were certified. Barr, who had falsely asserted that mail-in voting was vulnerable to counterfeit foreign ballots, did allow at one point that the Justice Department hadn’t found enough fraud to change the election outcome — “to date.” But his sycophantic departure letter (“you built the strongest and most resilient economy in American history”) said “these allegations will continue to be pursued.”

Had Barr spoken out publicly about Trump’s “clown show,” perhaps he could have punctured the “big lie” before it resulted in the Jan. 6 insurrection. Barr didn’t even speak out during Trump’s impeachment, instead offering his self-serving view 14 months later while hawking his book — after Trump managed to get the bulk of the Republican electorate to accept the “big lie” as an article of faith.

Barr is just the latest in the parade of former Trump officials to wash their hands of him long after their public condemnation would have done any good: John Bolton, John F. Kelly, Rex Tillerson, Jim Mattis, Reince Priebus, Nikki Haley, Gary Cohn, Omarosa Manigault Newman, Michael Cohen, Anthony Scaramucci, H.R. McMaster and many more.

But nobody in the administration did more to enable Trump’s deceptions and assaults on democracy than Barr. He buried the Mueller report while issuing a public summary that misrepresented it; he alleged the Obama administration “spied” on the Trump campaign, and he appointed a prosecutor who is, years later, still trying to prove true Trump’s paranoid fantasy; he scoured the world for evidence to discredit the Trump-Russia probe; his Justice Department gave credibility to Rudy Giuliani’s ravings about the Bidens in Ukraine; he tried to give favorable treatment to Trump cronies Michael Flynn and Roger Stone; he justified the violent assault on peaceful demonstrators in Lafayette Square; he made unfounded allegations against “antifa” and assembled a militia-like force of often-unidentified federal police in D.C. And on, and on.

Now Barr wants to be remembered as the brave figure who spoke truth to power? Talk about a clown show.

🤡🤡🤡🤡🤡🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️

Barr’s attempted self-justification would be funny if the consequences of his silence hadn’t been so dire. He allowed Trump to pull off a democracy-defying swindle.

. . . .

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

Read  Milbank’s full article at the link.

There were plenty of folks @ DOJ who “went along to get along” with the Sessions/Barr radical right-wing scheme to deconstruct justice with a series of lies, racially charged false narratives, questionable, arguably frivolous, presentations to Federal Courts, use of pretexts, discrediting of civil rights and free and fair elections, and undermining or outright violations of both domestic laws and international conventions protecting the human rights of migrants.

Others were installed or promoted within Justice because of their actual or perceived willingness to run over the law, truth, and often human dignity, to further the far-right agenda. In other words, they would elevate loyalty to the Trump agenda over their duty to the U.S.  Constitution!

What, exactly, has AG Garland done to “clean house”🧹 and restore the rule of law, Government ethics, fundamental fairness, and due process for migrants? Good question!🤨

In the meantime, notwithstanding his pathetic, outrageous, disingenuous, attempt at rehabilitation “BTB” Barr should go down in history as exactly the divisive, dishonest, neo-fascist, theocrat sleaze-ball that he is!🤮

And, Garland will be judged by what he does to reject and reform the mess @ Justice left by his predecessors. In that respect, “Miller Lite” won’t do it.

Miller Lite
This might be Garland’s vision for justice, but to the NDPA, “no way!” 

🇺🇸Due Process Forever!

PWS

03-06-22

📖 BOOK OF REVELATION: AFTER CARRYING TRUMP’S WATER @ DOJ, BILLY BARR COMES TO A NOT SO STUNNING CONCLUSION: TRUMP’S A COMPLETE SCHMUCK! 🤮

Sadie Gurman
Sadie Gurman
Justice Reporter
WSJ
PHOTO: Twitter

https://www.wsj.com/articles/ex-attorney-general-william-barr-urges-gop-to-move-on-from-trump-11645959600

Sadie Gurman describes Billy’s new 600-page “tome of discovery” in the WSJ:

. . . .

Af­ter the elec­tion, Mr. Barr said that Mr. Trump “lost his grip” and that his false claims of voter fraud led to the Jan. 6, 2021, at­tack on the U.S. Capi­tol by sup­port­ers try­ing to thwart the cer­ti­fi­ca­tion of Mr. Biden’s No­vember 2020 vic­tory.

“The ab­surd lengths to which he took his ‘stolen elec­tion’ claim led to the ri­ot­ing on Capi­tol Hill,” Mr. Barr writes.

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

Duh!

Trump Clown
Donald J. Trump
Famous American Clown
(Officially titled “Ass Clown”)
Artist: Scott Scheidly
Orlando, FL
Reproduced by permission

🇺🇸 Due Process Forever!

PWS

02-27-22

🤐LIPS SEWN SHUT – DESPERATE ASYLUM SEEKERS HELD IN MEXICO PROTEST BIDEN’S BOGUS BORDER POLICIES ☠️

Lips sewn Shut
Lips Sewn Shut
Public Realm  — Biden’s continuation of Trump’s cruel and illegal abrogation of asylum laws at the border, inappropriately defended by Garland’s DOJ, drives desperate people to do desperate things.

 

 

 

 

https://www.vox.com/policy-and-politics/2022/2/17/22937405/migrant-sew-lips-tapachula-mexico-us-border

Nicole Narea reports for Vox News:

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com — Her clear and cogent analysis stands in sharp contrast to the Biden Administration’s often muddled, incoherent, and self-contradictory policies on human rights and racial justice on America.

Migrants stranded in southern Mexico because of US and Mexican border policies are taking increasingly drastic measures to draw attention to their plight. On Tuesday, a dozen migrants staged a protest in which they sewed their lips together and went on a hunger strike.

They are among the thousands staying in what has become known as an “open-air prison” in the city of Tapachula on Mexico’s southern border with Guatemala. Migrants there have struggled to access food and shelter, and have reported being preyed on by government officials.

Facing pressure to find ways to limit the number of migrants requesting entry to the United States, Mexican immigration authorities will not permit the migrants to leave the city unless they have some form of legal immigration status allowing them to move freely through the country, such as asylum. Hundreds tried to escape last month, but were intercepted and detained by Mexican immigration authorities.

. . . .

The US could share the load by resuming processing of migrants at its own borders and allowing them to pursue claims to humanitarian protection, as is their legal right. Instead, it has offloaded its immigration responsibilities onto its neighbor.

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

As usual, Nicole provides timely, astute, accessible analysis of complex problems. I highly recommend her complete article at the link above.

The Attorney General is supposed to stand up for the rule of law, human rights, and to “just say no” to defending illegal and improper policies. As many of us pointed out during the scofflaw tenures of Sessions and Barr, the AG’s fealty is supposed to be to the Constitution and the laws of the United States, which include treaties that we have ratified and incorporated into our laws. As human rights and legal rights continue to be ignored, deflected, and degraded at our borders and in Immigration “Courts” that don’t operate as “courts” at all in any commonly understood meaning of the term, where is Garland?

🇺🇸Due Process Forever!

PWS

02-18-22

🤮👎🏽WASHPOST SLAMS BIDEN ADMINISTRATION FOR ABANDONING NEGOTIATIONS WITH FAMILIES WHO SUFFERED CHILD ABUSE BY SESSIONS & MILLER! — “Having condemned a policy that traumatized children and their parents, Mr. Biden now leads an administration fighting in court to deny recompense to those same families.”

“Floaters”
So, what’s the “dollar value” of brown-skinned human lives to Biden, Harris, &  Garland?  We’re about to find out!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

https://www.washingtonpost.com/opinions/2022/01/05/president-biden-broke-his-promise-separated-migrant-families/

Opinion by the Editorial Board

January 5 at 2:18 PM ET

When the Trump administration wrenched migrant babies, toddlers and tweens from their parents as a means of frightening away prospective asylum seekers, it was guilty of emotionally torturing innocent children. Americans of every political leaning expressed revulsion toward the policy implemented in 2018, especially when it became clear that the government had kept no clear records linking parents with their children — in other words, no ready means to reunite the families.

President Biden, as a candidate and also once in office, made clear his own disgust at the so-called zero-tolerance policy, calling it “criminal.” He said, correctly, that it “violates every notion of who we are as a nation.”

Now the president, having explicitly endorsed government compensation that would address the suffering of separated migrant family members, has apparently had a change of heart — or political calculation. In mid-December, the Justice Department abruptly broke off negotiations aimed at a financial settlement with hundreds of affected families. Having condemned a policy that traumatized children and their parents, Mr. Biden now leads an administration fighting in court to deny recompense to those same families.

The government has no means of alleviating the trauma inflicted by the previous president’s egregious treatment of those families. That is particularly true as regards the children, whose torment has been described and documented by medical professionals, advocates and journalists. The babies and toddlers who didn’t recognize their own mothers when they were finally reunited; the depression; the fear of further separations, even brief ones — the human aftershocks of Donald Trump’s heartlessness will linger for years, and for lifetimes in some cases.

The administration compounds the hurt by breaking off negotiations on compensating victims. The government must be held accountable; compensation is the most potent and credible vehicle for achieving that.

Granted, there may be a political price to pay. Republicans had a field day blasting the White House after media reports this fall suggested the government might pay $450,000 to separated family members — a settlement that could amount to $1 billion if applied to the several thousand affected migrants. Mr. Biden, apparently unaware of the status of negotiations at that time, said the reports, first published in the Wall Street Journal, were “garbage.” He later backed away from that remark, saying he did not know how much money would be suitable but that some amount was certainly due.

Now, it seems, all bets are off. In the absence of a negotiated settlement, the government would enter into what would likely be years of costly litigation, in which Mr. Biden’s Justice Department would be in the awkward position of defending a policy that Mr. Biden himself — and most Americans — have condemned as evil. There is no predicting how individual judges or juries might react to documented accounts of harm done to children. No one should be surprised if some were to award enormous damages — conceivably in amounts that exceed the $450,000 contemplated in the now-stalled negotiations.

By walking away from the bargaining table, Mr. Biden has broken an explicit, repeated promise. Whatever the political calculus behind that decision, it is morally indefensible.

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

Garland fails to stand up for the rights of families of color — again. At the same time, he ties up resources on a frivolous DOJ defense of the indefensible!

“Replacement theory,” White Nationalism, and racism always have been and remain at the core of the GOP’s anti-democracy insurrection. It’s no coincidence that Trump’s plans to de-stabilize American democracy began with cowardly attacks on vulnerable migrants (enabled by a failed Supremes) and culminated in open insurrection.

The dots aren’t that hard to connect. But, Garland doesn’t seem to be able to do it!

If Garland can’t handle the “low hanging fruit” — like settling these cases and creating a progressive judiciary at EOIR who will stand up  for the rights of all persons while using expertise and “practical scholarship” to replace dysfunction with efficiency, his pledge to hold the January insurrectionists and their leaders accountable rings hollow!

I’m not the only one to note and question Garland’s uninspiring performance as Attorney General at a time of existential crisis. https://www.sfchronicle.com/opinion/editorials/article/Editorial-Merrick-Garland-isn-t-going-to-save-16752522.php?utm_source=newsletter&utm_medium=email&utm_content=headlines&utm_campaign=sfc_opinioncentral&sid=5bfc15614843ea55da6b8709

For those who read the LA Times, there was a “spot on” letter to the editors today accurately characterizing Garland as the “Attorney General for different era.”

As I’ve noted before, this is NOT Ed Levi’s, Griffin Bell’s, or Ben Civiletti’s DOJ. It isn’t even Janet Reno’s DOJ. (I ought to  know, as I worked under each of the foregoing.)

It’s an organization that has become increasingly politicized over the last two decades (as it was during Watergate), and that allowed itself to be weaponized by Trump’s White Nationalist regime. EOIR, Executive Orders, and immigration litigation were perhaps the most obvious, but by no means the only, examples.

🇺🇸 Due Process Forever!

PWS

01-07-22

🌎ENVIRONMENTAL REFUGEES ARE ENTITLED TO PROTECTION — BIDEN ADMINISTRATION RECOGNIZES PROBLEM, BUT FAILS TO ACT ACCORDINGLY — Bannon & Far Right Neo Fascists 🏴‍☠️ Plan To Leverage Lies, Hate, Fear, & Loathing To Destroy Civilization! ☹️ — Round Table’s 🛡⚔️ Jeffrey Chase & The Guardian’s 🖋 Zoe Williams Sound The Alarm!⏰

https://www.jeffreyschase.com/blog/2021/11/22/white-house-issues-report-on-climate-change-and-migration\

JEFFREY S. CHASE | OPINIONS/ANALYSIS ON IMMIGRATION LAW

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White House Issues Report on Climate Change and Migration

On October 21, the White House issued a Report on the Impact of Climate Change on Migration which contains a few noteworthy passages relating to the law of asylum.

On page 17, the White House report acknowledges that existing legal instruments for addressing displacement caused by climate change are limited.  Encouragingly, the report advises that “the United States should endeavor to maximize their application, as appropriate” to such displaced individuals.

The report next cites both the 1951 Refugee Convention and the 1967 Protocol and their application to climate-induced displacement, referencing recent UNHCR guidance on the topic.  The report then offers three examples in which climate change issues might arise in the asylum context.

First, the report recognizes that where “a government withholds or denies relief from the impacts of climate change to specific individuals who share a protected characteristic in a manner and to a degree amounting to persecution, such individuals may be eligible for refugee status.”

Secondly, the report acknowledges that “adverse impacts of climate change may affect whether an individual has a viable relocation alternative within their country or territory.”  This language relates to the regulatory requirement that in order to have a well-founded fear of persecution, an asylum applicant could not avoid persecution by relocating within their country of nationality “if under all the circumstances it would be reasonable to expect the applicant to do so.”1

The applicable regulations instruct that:

adjudicators should consider, but are not limited to considering, whether the applicant would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties. Those factors may, or may not, be relevant, depending on all the circumstances of the case, and are not necessarily determinative of whether it would be reasonable for the applicant to relocate.2

While the regulatory language is broad and non-exhaustive, the specific mention of climate change factors in the White House report is most welcome, as such circumstances might not otherwise jump out at immigration judges and asylum officers as being relevant to the relocation inquiry.

Thirdly, the White House report states that “[c]limate activists, or environmental defenders, persecuted for speaking out against government inaction on climate change may also have a plausible claim to refugee status.”

Although not specifically cited in the White House report, UNHCR issued guidance on the topic in October 2020.3  Practitioners should file both the White House report and the UNHCR guidance with EOIR and DHS in appropriate cases, as the latter clearly served as an influence for the former, and provides greater detail in its guidance.4  For instance, in discussing how climate change factors can influence internal relocation options, the UNHCR document at paragraph 12 makes clear that the “slow-onset effects of climate change, for example environmental degradation, desertification or sea level rise, initially affecting only parts of a country, may progressively affect other parts, making relocation neither relevant nor reasonable.”  This detail not included in the White House report is important; it clarifies that the test for whether relocation is reasonable requires a long view, as opposed to limiting the inquiry to existing conditions, and specifically flags forms of climate change that might otherwise escape an adjudicator’s notice.

Also, in paragraph 10, the UNHCR document’s take on the White House report’s third example is somewhat  broader, stating that “[a] well-founded fear of being persecuted may also arise for environmental defenders, activists or journalists, who are targeted for defending, conserving and reporting on ecosystems and resources.”5  UNHCR’s inclusion of journalists as potential targets, and its listing of “defending, conserving, and reporting” as activities which a state might lump into the category of “speaking out” and use as a basis for persecution, should be brought to the attention of adjudicators.

Given how early we are in the process of considering climate change issues in the asylum context, the above-cited language in the White House report is important, as it provides legitimacy to theories still unfamiliar to the ears of those adjudicating, reviewing, and litigating asylum claims.  It is hoped that EOIR and DHS will immediately familiarize its employees who are involved in asylum adjudication with the report.  And as EOIR and DHS consider next steps in developing guidance and training, it is hoped that they will consider a collaborative approach, including in the discussion those outside of government who have already given the topic a great deal of thought.6

Copyright 2021 Jeffrey S. Chase.  All rights reserved.

Notes:

  1.  8 CFR 208.13(b)(2)(ii).
  2. Id.
  3. UN High Commissioner for Refugees (UNHCR), Legal considerations regarding claims for international protection made in the context of the adverse effects of climate change and disasters, 1 October 2020, https://www.refworld.org/docid/5f75f2734.html, at para. 12.
  4. Although UNHCR’s views on interpreting the 1951 Convention and 1967 Protocol are not binding on the U.S. Immigration Courts, they have been found by the BIA to be “useful tools in construing our obligations under the Protocol.”  Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).  See also INS v. Cardoza-Fonseca, 480 U.S. 421, 438-39 (1987).
  5. Id. at para. 10.

See, e.g. “Shelter From the Storm: Policy Options to Address Climate Induced Displacement From the Northern Triangle,” https://www.humanrightsnetwork.org/climate-change-and-displaced-persons.

NOVEMBER 22, 2021

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The Need For Full-Fledged Asylum Hearings

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge and Senior Legal Advisor at the Board of Immigration Appeals.He is the founder of the Round Table of Former Immigration Judges, which was awarded AILA’s 2019 Advocacy Award.Jeffrey is also a past recipient of AILA’s Pro Bono Award.He sits on the Board of Directors of the Association of Deportation Defense Attorneys, and Central American Legal Assistance.

Audio by websitevoice.com

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https://www.theguardian.com/commentisfree/2021/nov/11/climate-refugees-far-right-crisis?CMP=Share_iOSApp_Other

Failing to plan for climate refugees hands a cheap victory to the far right

Zoe Williams

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The climate crisis could cause mass displacement as land is left uninhabitable – nations have to work together to plan for this

Thu 11 Nov 2021 03.00 EST

Last modified on Thu 11 Nov 2021 03.02 EST

As scientists wrestle to predict the true impact and legacy of Cop26, one speech, given at a rally organised by Global Justice Now, insisted upon a perspective not data-driven but moral. Lumumba Di-Aping, a South Sudanese diplomat and former chief negotiator for the G77, said: “The first resolution that should be agreed in Glasgow is for annex I polluters to grant the citizens of small island developing states the right to immigration.”

It was a tactful way of putting it: annex I nations are those with special financial responsibilities in tackling the climate crisis. They have these special responsibilities because their early industrialisation created so much of the carbon burden. A more pugilistic diplomat might have said “the people who created this disaster have to offer sanctuary to those displaced by it”, but then, he wouldn’t be a diplomat.

Di-Aping went on to note article 3 of the UN Universal Declaration of Human Rights: “Everyone has the right to life, liberty and security of person.” “Small island states,” he concluded, “should not be drowned alive like Zealandia.”

. . . .

As old debates around the climate crisis and whether or not it is anthropogenic give way to consensus, new ambiguities and uncertainties are constructed around refugees: can they really be called the victims of environmental degradation? We will grapple with any other explanation – they’re actually economic migrants, or they’re the victims of civil strife, or they fell foul of a dictatorship, the one-bad-man theory of geopolitics – rather than trace these proximal causes back to their roots. Most political efforts, currently, are geared towards building a positive picture of a sustainable future; the alternative is despair or denial, neither of which are generative forces for change. A coherent, practical plan detailing the probable scale of displacement and figuring out a just distribution of the climate diaspora will look radical and unsettling.

One group is extremely comfortable on that territory, however: the far right. Steve Bannon sent a chill down the spine in 2015 when he talked about a “Camp of the Saints-type invasion into … Europe”. He made the reference again and again, until finally onlookers were forced to read the source: Jean Raspail’s racist novel of 1973, which one contemporary reviewer called “a major event … in much the same sense that Mein Kampf was a major event”. The title comes from a passage in the Book of Revelation about the coming apocalypse – civilisation collapses when the hordes arrive from the four corners of the Earth to “surround the camp of the saints and the beloved city” – and Raspail took up the idea; it was inevitable, he said, that “numberless disinherited people of the south would set sail one day for this opulent shore”.

Through Bannon and others, this idea has replicated, mutated and engulfed others, to become the “great replacement theory” of white supremacists, which Paul Mason describes in his recent book How to Stop Fascism as the toxic political view that “immigration constitutes a ‘genocide’ of the white race”. Feminists help it along by depressing the birth-rate, and cultural Marxists bring the mood music, by supporting both migrants and feminists.

Other far-right movements are sucked into the vortex of this wild but coherent theory, and yet more are spawned or shaped by it: the cosmic right (embodied in Jake Angeli, the QAnon figure in the animal-skin cap who stormed the Capitol in January, then went on hunger strike in prison because the food wasn’t organic), or the eco-minded white supremacists who make this explicit – you can be a humanitarian or an environmentalist. Choose one.

As fanciful and irrational as many far-right arguments are, they have a rat-like cunning. They find these spaces that are untenanted by mainstream debate – there will be climate refugees and they must be accommodated – and they run riot in them. Nations who ignore Lumumba Di-Aping aren’t doing anything to avert the consequences he describes: their silence merely creates an open goal for the professed enemies of a peaceful and prosperous future.

  • Zoe Williams is a Guardian columnist

*********

Read Zoe’s complete article at the link.

Usually White House Reports and other quasi-academic “White Papers” produced  at public expense are accompanied by major press releases and momentary hoopla. Then, they are rapidly consigned to the “Dustbin of History.”

They are widely ignored by politicos and bureaucrats who all too often are pursuing policies with little or no empirical basis, but designed to appease or “fire up” some voting block or to further the institutional self-preservation upon which bureaucracies thrive, expand, and prosper, even at the expense of the well-being of the governed!

This report, however, is one that deserves to be the basis for policy action! Too bad it isn’t!

Obviously, an Administration that failed to restore existing refugee and asylum systems, continues to subject migrants to due process denying “star chambers,” thinks “die in place” is an acceptable and effective refugee policy, and wrongly views asylum as a “policy option” rather than a well-established legal and human right, is playing right into the hands of Bannon, Miller, and their 21st Century nihilist movement! It’s also an Administration that didn’t learn much from World War II and the Cold War.

And, on future inevitable and predictable forced migrations, the world isn’t going to get much leadership from a rich nation that can’t even deal fairly, generously, and efficiently with today’s largely predictable, potentially very manageable, refugee situations. Many are situations that our nation either created or played a significant role in creating. See, e.g., environmental migration.

There is actually “room at the inn” for everyone and creative ways for nations to work together to resettle refugees of all types while prospering and working together for the benefit of humanity. Sure, they contradict the nationalist myths upon which many past and current refugee and migration restrictions are based.

Clearly, the realistic, constructive, humane solutions necessary for survival aren’t going come from the racist far right! And, currently the Biden Administration’s failure to stand up for the legal, moral, and human rights of asylum seekers and other referees isn’t doing the job either! Constructive, democratic, moral leadership and courage, oh where, oh where, have you gone?

We can’t deport, imprison, prosecute, wall, threaten, mythologize, abuse, and hate our way out of forced migration situations. It’s going to take dynamic, courageous folks who can get beyond past failures and lead the way to a better future for humanity!

🇺🇸Due Process Forever!

PWS

11-24-21

COLBY KING @ WASHPOST: 20 Years After 9-11, Right Wing Terrorism, Masquerading As Bogus “Patriotism,” 🏴‍☠️⚰️Threatens America!

Colbert I. King
Colbert I. King
Columnist
Washington Post

https://www.washingtonpost.com/opinions/2021/09/10/since-911-most-terrorism-this-country-has-been-made-usa/

. . . .

Then there’s the outrageous domestic terrorist attack against our very nation — the Jan. 6 insurrection, when mobs of President Donald Trump’s supporters stormed and pillaged the U.S. Capitol to disrupt a joint session of Congress assembled to formalize the election of President-elect Joe Biden.

That was no spontaneous outburst of rage by a ragtag bunch of thugs. Jan. 6 was a deliberate attack on revered democratic institutions and was as evil in intent as Osama bin Laden’s launch of hijacked airliners at the heart of America’s symbols of economic and military power.

Review the record. The litany of domestic terrorism attacks manifests an ideological hatred of social justice as virulent as the Taliban’s detestation of Western values of freedom and truth.

But again, another profoundly different distinction.

The domestic terrorists who invaded and degraded the Capitol are being rebranded as patriots by Trump and his cultists, who perpetuate the lie that the presidential election was rigged and stolen from him. Respect for the vision of democratic government has sunk so low that 21 members of Congress objected when the House voted to honor Capitol and D.C. police officers for their heroism on Jan. 6.

The “core of strength” cited in the Post’s editorial on Sept. 12, and so evident in the response to the Jan. 6 insurrection, is needed now more than ever.

The taste for despotism, stimulated by Trump’s unraveling of American political culture, is loose in the land.

Be on guard. Because more post-9/11 attempts at domestic terrorism are surely yet to come.

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

Read the rest of the op-ed at the link.

Immigrants have felt the brunt of the post-9-11 attack on truth, Constitutional rights, and liberal American values by the right-wing neo-fascists.

Interestingly, former President George W. Bush’s remarks yesterday echoed Colby’s main point about insurrectionists on the right. Sadly, W’s epiphany is about 20 years too late — long after he unleashed Dick Cheney and John Ashcroft and others of their ilk on America. It didn’t have to be that way! But, it was, and our nation is still reeling from the continuing assault from the right!

🇺🇸Due Process Forever!

PWS

09-12-21

🤮👎🏽GREGG ABBOTT IS A MISOGYNIST MORON, A RACST VOTE SUPPRESSOR, & OTHER STUFF WE ALREADY KNEW FROM BESS LIVIN @ VANITY FAIR!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Levin Report: Dumbass Texas Governor Claims No-Exceptions Abortion Law Is Fine Because He’s Going to “Eliminate” Rape

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If you’re a person who believes it’s literally no one’s business who gets an abortion other than that of the pregnant individual undergoing the procedure, you’ve likely been incandescent with rage since the Supreme Court’s conservative majority decided to allow Texas to proceed with an insane law that prohibits terminating pregnancies after six weeks, with no exceptions for rape or incest. That anger likely stems from not just the law itself but having to listen to the chorus of dumbass voices who’ve come out backing Texas for effectively banning people from obtaining an abortion, from Tucker Carlson, who opined that the law shows “democracy does still exist,” to California gubernatorial candidate Caitlyn Jenner, who ironically commented that she supports Texas’s right to choose its own laws.

Of course, another one of those voices is the Lone Star state governor Greg Abbott, who signed the bill into law in May, saying at the time, “Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion,” and that the Texas Legislature “worked together on a bipartisan basis to pass a bill that…ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion.” (That both sides of the aisle supported the bill would be news to Texas Democrats, as just a single one of them voted for it.)

Asked on Tuesday why his state felt the need to “force a rape or incest victim to carry a pregnancy to term,” Abbott responded like only a person who really, really hates women can, claiming, “It doesn’t require that at all.” He added: “Because obviously it provides at least six weeks for a person to be able to get an abortion, so for one it doesn’t [require] that. That said, however, let’s make something very clear. Rape is a crime and Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”

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There’s a lot to unpack here, so let’s start with the fact that Abbott is claiming that because the law allows for abortion up to six weeks, it’s not forcing anyone to do anything. As doctors, people who’ve been pregnant before, and people who’ve bothered to read a book on the subject before crafting legislation on it have noted, by the time a person misses her first period, she’s already roughly four weeks pregnant. That means that under Texas law, someone would have no more than two weeks, not six, to determine she’s pregnant and decide whether or not to get an abortion. Even in the case of people who are actively trying to get pregnant, that window can narrow even further for numerous reasons including if they have irregular cycles. Usually, then, one would make an appointment with a doctor to confirm the pregnancy, and as Abbott may or may not know, healthcare in America is not the greatest, so she may not be able to be seen for several weeks. And that hugely generous two weeks is not only a joke for many people actively trying to have a child, but for the majority of people who are not. “It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” Jennifer Villavicencio, M.D., lead for equity transformation at the American College of Obstetricians and Gynecologists, told The New York Times. In other words, Abbott should fuck all the way off with his “obviously it provides at least six weeks for a person to be able to get an abortion.”

Then there’s the hilarious remark that he’s going to eliminate rape in Texas, so not allowing individuals to terminate pregnancies that result from heinous crimes is a moot point. Really, Abbott is going to make Texas rape-free? If he had that power, why didn’t he do it prior to enacting this law? The victims of the 14,824 reported rapes in his state in 2019, when he was four years into his first term, would probably love to know! (For those of you keeping up at home, that figure made Texas the No. 1 state for rape that year.)

Of course, Abbott is far from the first politician to say something ridiculously idiotic about abortion and rape. In fact, he joins a long line of assholes who’ve smugly offered their moronic two cents on the matter, an illustrious group that includes:

  • The Ohio state legislature, which introduced a bill in 2019 requiring doctors to “reimplant an ectopic pregnancy” into the uterus, or face charges of “abortion murder,” despite the fact that such a procedure is medically impossible;
  • Former Texas state representative Jodie Laubenberg, who claimed while in office that rape victims don’t need access to legal abortion, because they can get “cleaned out” with rape kits, which obviously is not at all how rape kits work;
  • Representative Michael Burgess, who somehow obtained a medical degree in 1977, and declared that male fetuses masturbate in utero—naturally, there is no evidence of this—, so abortions shouldn’t be allowed;
  • Former North Carolina state representative Henry Aldridge, who once said, “The facts show that people who are raped—who are truly raped—the juices don’t flow, the body functions don’t work, and they don’t get pregnant. Medical authorities agree that this is a rarity, if ever.” (Medical authorities do not agree with this);
  • Former congressman Todd Akin, who boldly declared on the campaign trail: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

Welcome to the club, Greg! Can’t wait to hear you parse the nuances of putting $10,000 bounties on the heads of individuals trying to help people escape your barbaric law.

 

In other Abbott news…

When he’s not signing and defending disgraceful abortion bills, he’s disenfranchising millions of his constituents. Per Bloomberg:

Greg Abbott on Tuesday signed one of the nation’s most aggressive laws curbing access to the ballot, joining a wave of such restrictions enacted after former President Donald Trump’s false claim that the 2020 election was stolen. The legislature passed the measure last month after an exodus from the state by Democratic lawmakers during the first of two special sessions. After the walkout sputtered, Republican lawmakers passed the bill without delay.

Republicans have spent months raising doubts about the 2020 election, which experts say was one of the nation’s most secure. Now, supporters of new state laws say too many voters have lost faith in voting systems, and must be reassured.

“We must have trust and confidence in our elections,” Abbott said at a signing ceremony in Tyler, Texas. “The bill that I’m about to sign helps to achieve that goal. It ensures that every eligible voter will have the opportunity to vote.” Of course, that’s an interesting way to describe a law that makes it harder to vote, by, among other things, ending drive-thru voting, limiting mail-in voting, and endowing partisan poll watchers with more power. In a tweet, the American Civil Liberties Union wrote “This law is unconstitutional and anti-democratic. Texas—we’ll see you in court. Again.” Beto O’Rourke, the former Democratic U.S. representative from El Paso, wrote in a statement: “Governor Abbott is restricting the freedom to vote for millions of Texans. Instead of working on issues that actually matter, like protecting school kids from Covid or fixing our failing electrical grid, Abbott is focused on rigging our elections and implementing extreme, right-wing policies.”

. . . .

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

You can check out the rest of the always lively and entertaining “Levin Report” at the above link. Like their lost idol, Abbott & DeSantis are plumbing the absolute bottom of American politics and actually killing and irreparably harming their “constituents” as they do it. Undoubtedly, that will make them “heroes” in today’s existentially dangerous “anti-heroic, anti-democracy” GOP!

PWS

09-08-21

 

☠️⚰️GOP’S RACIST ATTACK ON MIGRANTS PART OF MASSIVE ATTEMPT TO REWRITE HISTORY OF PANDEMIC AND THE TOTALLY IRRESPONSIBLE ROLE OF MANY GOP GOVS & TRUMPISTS IN SPREADING DISEASE AND PROMOTING DISINFORMATION! 

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

Heather Cox Richardson — Letters From An American — 08-08-21

. . . .

Republican-led states have been hit the hardest. Last week, Florida and Texas alone made up one out of every three new cases, and now Florida is the center of the pandemic. On Friday, the Centers for Disease Control and Prevention reported 23,903 new cases in Florida that day alone. Hospitals are filling up as unvaccinated Americans need medical care; Austin, Texas, activated an emergency alert this weekend as its hospitals were overwhelmed.

But Republican lawmakers stand against the mask requirements and vaccines that would help stop the spread. Texas governor Greg Abbott has banned mask and vaccine mandates across the state, as has Arkansas governor Asa Hutchinson (who has since said the law was an “error”). South Carolina and Arizona have banned mask mandates in schools.

Today, in just the latest example, Senator Rand Paul (R-KY) said, “It’s time for us to resist. They can’t arrest all of us…. No one should follow the CDC.” He claimed that masking and remote learning was physically and emotionally damaging for children, and there was no reason they should not return to school full time, without masks. He said he would work to defund any school or government agency or school that did not simply resume its pre-pandemic operations.

Instead of trying to stop the spread of the virus, Republicans are blaming Biden for it. They claim that it is sparked by his handling of immigration on our southern border and that infected immigrants are responsible for the spike in the deadly disease.

When Biden asked Republican governors on August 3 to help or get out of the way, Florida governor Ron DeSantis responded: “Joe Biden has the nerve to tell me to get out of the way on COVID while he lets COVID-infected migrants pour over our southern border by the hundreds of thousands. No elected official is doing more to enable the transmission of COVID in America than Joe Biden with his open borders policies,” and claimed: “He’s imported more virus from around the world by having a wide-open southern border.”

DeSantis is not an outlier. Trump has pushed this line, Fox News Channelpersonality Sean Hannity hammers on it, and right-wing publications from the Daily Wire to National Review to the Wall Street Journal’s editorial page all insist that immigrants are to blame for the spread of the virus. Rand Paul has gone so far as to claim that administration officials are deliberately sending infected immigrant children around the country to spread the variant. Yesterday, Trump legal adviser Jenna Ellis called for Biden’s impeachment over the issue.

In fact, the administration continues to reject or expel border crossers under a public health order known as Title 42. It does permit the entry of unaccompanied minors and some vulnerable families. Migrants who cross the border are immediately required to wear masks. They are not tested at Customs and Border Patrol unless they show symptoms, but all are tested if they move into the system, and those who test positive for coronavirus are quarantined. Those slated for deportation are quarantined before they are deported. While infection rates are climbing, because of both the Delta variant and the crowding at Border Patrol, immigrants test positive at a lower rate than the rate of non-immigrants around them.

And yet, Republicans are using the deadly new coronavirus variant to stoke anti-immigrant fires.

It is cynical, it is deadly… and it takes us one more step toward authoritarianism.

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

You can read the full letter and subscribe to HCR’s free newsletter here: https://email.mg2.substack.com/c/eJxtkM1uhSAQhZ_msjT8iOKCRTdd9CUIwqCkCgbGtr59uddVkyZkSGDOnDmfswhLLpc-ckXyLAavA3SC77oBIhRyVigmei2ZolQJ4nXvmZKKxGpCAdht3DSWE8hxzlt0FmNOTwGnUgiy6l4E1aSDBKZASkcny2Y3M8sgCNWPt609fYTkQMMXlCsnIJteEY_6EG8P_t7OChZXKC7_lOhWW3zNqavnXNG6z87lvfWQ2Gw5o4pR2vNJ9h3rWJAwBuuYGNUQ2jZTEFMAR4UH7wb76Om-8D-TSNEfkFJMS2W8_du8vZ5bQtPu_UwRLwPJzhv4OzzeCF84zAIJSkPrjUXNBq7k2NbhExd32EZHTIoNY-PZfH1uqqT_C_gLFoaNIw

As the pandemic revives and spreads, primarily as a result of GOP anti-vaccers and anti-maskers, new infections of children not eligible for the vaccine set records, and schools are about to reopen in the face of incredibly idiotic “mask bans” by magamoron, irresponsible GOP Govs like DeSantis and Abbott, you decide who the real threat is to America’s health, welfare, safety, and future!

🇺🇸Due Process (and Sanity) Forever!

PWS

08-10-21

⚖️🗽🇺🇸TEA IVANOVIC @ IMMIGRANT FOOD INTERVIEWS ME ON DYSFUNCTIONAL IMMIGRATION COURTS: “They are not the courts that you think of when you think of our judicial system. . . . He’s pretty blunt about the ways in which the immigration court system is highly dysfunctional,” Says Tea In Her Intro! 

 

Editor’s Note – July

Dear Reader,

For this month’s Think Table issue, we delve into the dysfunctional U.S immigration court system. The U.S. constitution states that our judicial system is a ‘separate but equal part’ to our democracy. But immigration courts have nothing to do with that. They fall under the Department of Justice, and immigration judges have a boss, the Attorney General. As we’ve seen in recent times, that can be a highly politicized position. Additionally, the lack of technology and the ever-growing backlog of cases leave many immigrants and asylum seekers waiting an average of two years just to schedule a court proceeding!

For this issue, we spoke with Judge Paul Schmidt, a former federal immigration judge. He’s pretty blunt about the ways in which the immigration court system is highly dysfunctional.

We hope you enjoy this issue as much as we do.

Téa

Here’s a link to the “video short:”

https://www.youtube.com/watch?v=QDDV83vSuHY

Here’ the “complete issue” which contains a reprint of an article from Sarah Pierce“Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review.” 

https://immigrantfood.com/the-think-table/

And here’s the terrifically talented Tea:

Tea Ivonovic
Tea Ivanovic
Chief Operating Officer
ImmigrantFood.com
PHOTO: Immigrant Food

Born in Belgium to parents from the former Yugoslavia and recruited to the United States by Virginia Tech’s Division 1 Varsity tennis team, Téa calls herself an immigrant squared. She still can’t figure out if Serbian, Flemish or English is her native language – she speaks all of them equally. Her professional career includes creating and implementing strategic communications for international policy and politics at a Washington D.C. think tank, and global financial matters at a financial public and media relations firm. Téa was the first Washington Correspondent for Oslobodjenje, Bosnia and Herzegovina’s oldest newspaper and leading news outlet in the Western Balkans. She graduated with a master’s degree from the Johns Hopkins’ School of Advanced International Studies (SAIS).

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

Yeah, I’m pretty blunt! But, this is a totally screwed up system that threatens our democracy!

So, many of us out here in the NDPA think it’s a dire emergency, even if Judge Garland and the Biden Administration prefer to ignore the obvious and shun the immediate solutions!

Judge Garland’s failure to implement basic constitutional, personnel, and management reforms @ EOIR is undermining justice in America and tarnishing his reputation. Also, it’s  potentially killing innocent folks. Sure sounds like a “national Constitutional emergency” to me!

Thanks to Tea for making this “accessible” report on a huge, largely unaddressed, democracy threatening problem. Tell Judge G to fix EOIR now!

🇺🇸Due Process Forever!

PWS

07-01-21

THE EVER-AMAZING NICOLE NAREA @ VOX “GETS IT” — Too Bad The Folks Running Immigration Policy Don’t! — “Knowledge about US deportation and detention policy didn’t have any significant effect on their intentions to migrate. . . . it made them more likely to think outcomes and legal procedures in the American immigration system are unfair.” 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://www.vox.com/policy-and-politics/22451177/biden-border-immigration-enforcement-detention-deportation

Nicole writes @ Vox News: 

President Joe Biden has taken some steps toward reversing his predecessor’s legacy of broad, indiscriminate immigration enforcement, including a recent announcement that it will no longer detain immigrants at two locations under scrutiny for alleged abuses.

But Republicans are adamant that increased immigration enforcement be a prerequisite to any broader immigration reform.

“There’ll be no immigration reform until you get control of the border,” Sen. Lindsey Graham (R-SC) told Roll Call last month.

There are now nearly 40 percent more people in immigration detention compared to when Biden first took office, and his administration is continuing to turn away most migrants arriving on the border under pandemic-related restrictions put in place by his predecessor, President Donald Trump, which have led to the expulsions of more than 350,000 people this year alone.

But research shows that the threat of detention and deportation in the US doesn’t dissuade migrants from making the journey to the southern border, especially if they are victims of violence and may be seeking to escape the “devil they know” in their home countries.

“Managing migration at the border, particularly the kind of migration we’re seeing now, from a strictly deterrence, enforcement lens is just not sustainable in the long run and is not having the impact that people think it should have,” Theresa Cardinal Brown, managing director of immigration and cross-border policy at the Bipartisan Policy Center, said. “That’s why we need to rethink our paradigm for how we talk about migration and everything that we do at the border.”

. . . .

Knowledge of US immigration detention, however, did have an unintended effect on survey takers in Ryo’s experiment — it made them more likely to think outcomes and legal procedures in the American immigration system are unfair. That is worrisome, given that perceptions of fairness are significant predictors of people’s willingness to obey the law and cooperate with legal authorities, Ryo said.

“We really ought to be concerned about the extent to which generating these kinds of perceptions of unfairness can backfire in terms of more people disregarding our laws and undertaking that dangerous journey in order to get to our border and try to cross it,” she added.

. . . .

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

First, let me congratulate Nicole on her spectacularly high level reporting and mastery of the English language: Clear, accessible, well-organized, informative, persuasive. Compare Nicole’s prose with the vapid, often misleading nonsense and gibberish spouted by legislators, government officials, bureaucrats, and right wing White Nationalist shills of all types. Just yesterday, Trump and his pathetic “wannabe” Greg Abbott were down at the border spouting their unadulterated, fact-free, racist  blather and restrictionist nonsense (when Trump wasn’t rambling on incoherently about the “Big Lie” or himself). I encourage everyone to read Nicole’s full article at the link! 

“Enforcement only doesn’t work” has been one of the key “themes” of Courtside since “Day 1.” The answer has also been clear — due process, fundamental fairness, racial equity, practical scholarship leading to durable solutions. 

The converse of “enforcement only doesn’t work” is also true:  A more realistic, more generous legal immigration system that advances due process and equality while taking advantage of “market factors” that attract and drive migration would also lead to more efficient and effective enforcement. Many, perhaps the majority, of those we are now wasting time and money on cruel and ultimately futile attempts to detain, deter, and remove would actually be a huge benefit to our nation if they were allowed to migrate legally on either a permanent or temporary basis.  

I’ve been saying for a long time now that convincing folks that our legal system is basically bogus — falsely promising a fairness and dignified treatment we aren’t delivering — merely serves to drive migrants to enter the “extralegal” or “black market” system that helps support our economy. The real “beneficiaries” of “mindless immigration enforcement” and a dysfunctional legal system are smugglers, cartels, and exploitative employers. Also, obviously, corrupt GOP politicos benefit from having a permanent, disenfranchised, traumatized, largely non-White “black market labor pool” to prop up their economy while serving as an easy target to “whip up” their racist base. 

Bad policies, driven by ignorance, myths, bias, cowardice, and racism will continue to produce lousy results — for the migrants and for our nation. Smarter, more courageous, more intellectually honest legislators and public officials are necessary. Whether voters will be wise enough to elect them remains to be seen.

🇺🇸Due Process Forever!

PWS

07-01-21

 

KAKISTOCRACY: Billy The Bigot Barr Gives CYA Interview, Perhaps In Attempt To Save Law License!

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License
Billy Barr Consigliere Artist: Par Begley Salt Lake Tribune Reproduced under license, Large
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license

https://u1584542.ct.sendgrid.net/ss/c/atcYNHk4Eh2YdGnwBh-YDCxDIu4OO3SBv2TLoLPFt2eTpAvae7fHQQN2d_SDia6UQbQMe94On-beG5oDl7xvTP4QLcPK6rzmOKrq-bY0_AB0gbaGO4UoNJkuN1E11z2G_0u3z0IHvPah30HQBG80ceR05_osO7-fKevf5maXWBmIuPADLuoLLC3WKCtXFpVntBozJaJ6MBdvAvn5Bz4kYZu_hKw1spjA3P3RuJD2shs/3d5/C1BIO3ORRy-VZMckpvAtNQ/h4/wbnioxNkjTzjHaWMl6mT1586GErNsh1e87hY1TA37K8

From The Daily Kos:

In The Atlantic, journalist Jonathan Karl gives us a short look at Trump attorney general William Barr’s last weeks in power according to William Barr himself, who was kind enough to grace Karl with a series of interviews out of the innate goodness of his heart. Oh, and because Barr is now seen by many as the most thoroughly partisan and corrupt attorney general in a generation, which is going to seriously cut down on future speaking fees if he can’t figure out how to massage the record back into something vaguely defensible.

The actual news out of it is Not Damn Much, but this is a good opportunity to revisit the First Rule Of News Consumption: Be aware of the source. From the nation’s top powerbrokers to man-on-the-street interviewees, anyone talking to a reporter about their own doings is going to tell that reporter the most flattering version of events they think they can get away with. Many of the most important details about what Trump and his core team did in their attempts to overturn a United States election remain murky because those most in the know, like ex-House Republican turned chief of staff Mark Meadows, are clamming up.

. . . .

Great, super. So again we have a situation in which everyone around Trump was pretty damn certain he had gone off the rails, jumped the trolley, sprung a brain-leak, and had become devoid of marbles but nobody in government, from Secret Service on down, was willing to toss him in a burlap sack, tie it shut, and declare that Mike Pence was taking charge because the sitting president had developed a serious case of bananapants.

. . . .

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

You an read the full story at the link.

The key takeaway for progressives is that Barr is the guy that AG Merrick Garland HONORED by appointing 17 of his flawed selections to an Immigration Judiciary already reeling from a one-sided infusion of judges with questionable qualifications into a system weaponized against individual asylum seekers, other migrants, and their lawyers.

So far zero (0) progressive judges from the community of experts and advocates who helped show Barr the exit and elect Biden and Harris have been tapped for these “life or death” quasi-judicial positions. Rumor has it that’s about to change. But, that will hardly restore scholarship, due process, and balance to a disastrously “out of wack” deportation railroad!

Due Process Forever!

PWS

06-28-21