U.S. WHITE NATIONALIST REGIME PLANNING TO JOIN WORLD’S MOST REPRESSIVE AND SELFISH BANANA REPUBLICS BY TOTALLY ABANDONING REFUGEE COMMITMENT — “ZERO IMMIGRATION” APPEARS TO BE GOAL OF RACISTS MILLER, SESSIONS, & TRUMP!

https://www.politico.com/story/2018/08/02/trump-immigration-refugee-caps-759708?cid=apn

Nahal Toosi – Editorial – POLITICO staff, January 23, 2014. (M. Scott Mahaskey/POLITICO)
Thanks for looking! Don’t hesitate to like us! © Caffery Photo (www.cafferyphoto.com)

From Politico:

‘Miller is not deterred’: Top immigration aide pushing cuts in refugee numbers

The president suggested going as low as just 5,000, according to a former administration official.

President Donald Trump last year advocated dropping the refugee cap as low as 5,000 people, down from 50,000, according to a former administration official – a cut far more drastic than even his most hawkish adviser, Stephen Miller, proposed at the time.

Ultimately, the administration restricted to 45,000 the flow of refugees into the U.S. this fiscal year – the lowest since the program began in 1980, and less than half the target of 110,000 that President Barack Obama set in his last planning cycle.

But the discussion set the terms of the administration’s refugee policymaking. Now Miller and a group of like-minded aides are pressing to reduce drastically the number of people entering the U.S., both legally and illegally.

The immigration hawks are moving forward despite the blowback they got over their imposition of a “zero tolerance” prosecution policy at the southern border that resulted in the separation of thousands of migrant children from their parents, according to interviews with more than a dozen current and former administration officials and outside White House advisers.

One Republican close to the White House and a former White House official familiar with the discussions predicted the cap could fall as low as 15,000 in 2019, continuing a contraction of overall immigration, both legal and illegal. A tiny group of key administration officials led by the National Security Council’s Mira Ricardel were planning to meet Friday to debate the coming year’s refugee cap. Late Thursday, however, a White House official said the meeting about refugees had been postponed. It is not yet determined when it will be rescheduled.

“Inside the Washington beltway, this is a numbers game that’s being carried out by people who don’t care about refugees and are orienting this to their base,” said Anne Richard, who was assistant secretary of state for population, refugees and migration in the Obama administration

Miller, a policy adviser to Trump since the campaign and, before that, an aide to then-Sen. Jeff Sessions, has made immigration his signature issue. White House officials are loath to cross him given his passion for the subject and his close relationship with the president, according to people familiar with dynamics inside the administration.

“Miller is not deterred,” said one Republican close to the White House. “He is an adamant believer in stopping any immigration, and the president thinks it plays well with his base.”

Miller declined to comment. A White House spokesman did not respond to a request for comment on Thursday.

Behind the scenes, Miller, 32, has been contacting every relevant Cabinet secretary to convey his interpretation of the president’s thoughts on the refugee cap in an effort to sway the decision, said a former White House official familiar with the discussions.

The wild card is Secretary of State Mike Pompeo. No one is quite sure where he stands on the matter – but his State Department is stocked with Miller allies, including deputy assistant secretary of state Andrew Veprek and John Zadrozny, who’s been named to Pompeo’s policy planning staff.

“Is Pompeo going to let his department be used by Miller as an arm of the Domestic Policy Council?” asked the former White House official. “Is he going to take his marching orders from a thirtysomething who’s orchestrated a hostile takeover? This is the moment for Pompeo to show that he is running his own show over there.”

When asked for comment, a State Department official said “each year the president makes an annual determination, after appropriate consultation with Congress, regarding the refugee admissions ceiling for the following fiscal year. That determination is expected to be made prior to the start of fiscal year 2019 on October 1, 2018.”

The refugee cap is just one of several hawkish policies that Miller and his like-minded allies throughout the federal agencies are pursuing on immigration. Through rule-making and executive authority, the Trump administration continues to explore ways to narrow asylum eligibility requirements; to detain together families who cross the border illegally; and to reduce the number of people who acquire legal immigration status through “cancellation of removal” – one of the few avenues left for certain undocumented immigrants.

Inside the country, the Miller cadre intends to make life more difficult for undocumented immigrants already living and working here. U.S. Immigration and Customs Enforcement, said another Republican close to the White House, intends to continue with its increased focus on worksite enforcement.

This long laundry list of policies to reduce immigration comes on the heels of the “zero-tolerance” policy, which the administration effectively ended following outcry from conservative religious leaders, Republican lawmakers, and even many White House staffers. The administration is now under a federal court order to reunify the parents and children that it separated as a result of the policy.

Miller was distraught in the aftermath of the zero tolerance fiasco, said two Republicans close to the White House. He considered zero tolerance an essential component to his efforts to deter immigration. For his troubles, he got heckled at D.C. restaurants, prompting him in one instance angrily to pitch $80 worth of takeout sushi into a trash bin. Protesters showed up at his apartment complex chanting, “Stephen Miller/ You’re a villain/ Locking up/ innocent children.”

But Miller and other immigration hardliners quickly recovered, and have continued to hold under-the-radar meetings to pursue policies that already are altering the U.S.’s self-perception as a nation of immigrants. White House chief of staff John Kelly is broadly supportive of these efforts, and Miller has been careful to keep his plans fairly secret, speaking only infrequently in larger White House meetings, according to two Republicans close to the White House.

Despite signing an executive order that largely reversed the zero tolerance policy that Miller championed, Trump strongly supports Miller’s efforts because he views immigration as a winning political issue as he heads into the 2018 midterms–one that puts Democrats on the defensive.

“On the political side of things, the Democrats have put themselves now in more peril than ever,” a White House official told POLITICO in June during the height of the family separations. “Through their uninformed, highly inaccurate hysteria, they have elevated the issue of immigration and border security to the forefront of the mid-terms, and this is a much better issue for Republicans. So the reality is they are turning off a lot of swing voters, and they are also motivating a lot of Republican-leaning moderate and conservative voters to go out and vote.”

A recent Gallup poll found the share of Republicans who agreed that immigration was the country’s most important problem doubled at the height of the administration’s family separations policy. In July, 35 percent of Republicans called it a top issue, up from 17 percent in May.

The question remains whether the increased Republican interest in immigration represented support for or opposition to Trump’s family separations policy. A strong majority of Republican voters — 76 percent — approved of how Trump handled family separations at the border, according to a Quinnipiac University pollfrom early July. But the same poll found a similar percentage of Republicans — 70 percent — agreeing that the Trump administration must be held responsible for reunifying separated parents and children.

In Republican congressional primaries, candidates have adopted Trump’s tone on immigration, but no one knows how that will play in the general election, according to Rick Wilson, a Florida-based Republican strategist and Trump critic.

“It pleases Donald Trump, it pleases a certain portion of the base,” Wilson said. “But it’s not without its own downside risks.” Among these, he said, is alienating suburban women and Hispanic voters. “You’re holding onto a base you were going to hold onto anyway.”

Limiting refugee numbers may also upset religious groups that historically have handled resettlement for the government. If the Trump administration opts for a lower refugee ceiling, that may also scale back funding to the nine religious and charity agencies that facilitate the process nationwide.

The State Department’s refugee bureau signaled a possible spending drawdown in a March request for resettlement proposals, saying it “expects to fund a smaller number of recipient agencies” in fiscal year 2019.

Refugee organizations will lobby Pompeo, publicly and privately, to defend the program. The secretary praised “the strength, courage, and resilience of millions of refugees worldwide” during World Refugee Day in June, but also is considering the possible elimination of the department’s refugee office.

“The refugee resettlement program is about so much more than just saving lives,” said Melanie Nezer, senior vice president of public affairs at the Hebrew Immigrant Aid Society, a resettlement agency. “It’s also a diplomatic tool, it’s a foreign policy tool, it stabilizes countries that are hosting the refugees.”

The United Nations refugee agency has identified 1.4 million refugees worldwide in need of resettlement, of whom only a small number are placed each year. In 2017, for instance, the U.N. sent just 75,000 refugees to receiving nations for resettlement, according to an annual report.

Kay Bellor, a vice president with the Lutheran Immigration and Refugee Service, said refugees could be stranded in host countries such as Turkey and Lebanon if the U.S. doesn’t open its doors.

“They’re languishing in refugee camps, their kids are not getting educated, they’re not contributing economically. It’s a pretty horrible situation,” she said. “You’re going to warehouse people who otherwise would be able to move on with their lives.”

Bellor added that it would send a “terrible signal” to host countries. “It’s hard to imagine how this might impact their response,” she said.

The Trump administration argued last year that refugee resources should be shifted to reduce the backlog of asylum seekers in the U.S., which stood at more than 300,000 cases in January.

Nezer doesn’t accept that rationale. “There’s no credible evidence that getting rid of the program serves any purpose other than to keep people out,” she said.

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Will the asylum system, which is created by statute, and the withholding of removal system, which is guaranteed by statute enforcing an international treaty obligation, be “the last stand of America” as country that respects human rights and the rule of law?

Perhaps asylum will continue; but, not if Jeff Sessions has anything to say about it. He’s actively in the process of “deconstructing” U.S. asylum law and reducing it to nothing.

This Congress won’t stop him. Will the Article III Courts? While they have been critical of many aspects of the BIA’s performance and Sessions’s border policies, they have been avoiding the real issue: How can you have Due Process of law in a system run by an overt White Nationalist xenophobic racist with no respect for the Constitution, human dignity, or the rule of law and who publicly favors one party, the DHS.  Not much respect for the Article IIIs either as shown by the flippant, disrespectful, disingenuous “in your face judge” response to Judge Sabraw by Sessions’s DOJ lawyers in the “child separation” case. (Judge not amused; more on that later.)

If the Article IIIs, including the spineless Supremes, don’t have the courage to stand up to this authoritarian scofflaw Administration on the immigration charade that is unfolding right now, they might find themselves swallowed up  by the Trump Swamp themselves. And, I don’t know who will be “willing or able” to throw them a lifeline.

PWS

08-02-18

TAL @ CNN: ADMINISTRATION PLANNING END RUN AROUND FLORES SETTLEMENT BY ISSUING NEW REGULATION!

White House reviewing plan to end court settlement on immigrant child detention

By Tal Kopan, CNN

The White House is reviewing a plan that could nullify a settlement that immigrant children that arrive with their families be released from custody within 20 days, a rule they have blamed for their separation of thousands of families at the border.

The action to finalize regulations on the topic, revealed in a government database, comes after repeated attempts to change the Flores Settlement Agreement have been resoundingly rejected by a federal judge and amid continuing fallout over the Trump administration’s related decision to separate families at the border.

The Trump administration has made the Flores settlement a frequent target of its ire — blaming the agreement for its decision to implement a policy at the border that resulted in thousands of families being separated. It has also repeatedly said only Congress can act to overrule the settlement. But lawmakers have shown little appetite to do so and have so far failed to pass any immigration legislation under this administration.

Key provisions of the agreement dictate minimum standards of care of immigrants in detention, as well as requiring that children who arrive with their families be released from custody within 20 days unless their parent agrees to them being held longer. But three weeks is faster than their immigration court cases can be processed, leading the Trump administration to complain the agreement forces them to either release the families together or separate them.

More: http://www.cnn.com/2018/08/02/politics/trump-administration-flores-settlement/index.html

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Sounds pretty scofflaw! Can they get with it?

Flores doesn’t purport to create Constitutional rights for the class members. Congress clearly could, and should, merely enact the Flores protections for children into statute. But, realistically, that’s not going to happen under Trump, and even if it did, Trump would undoubtedly veto it.

Conversely, perhaps Congress could overrule Flores by statute. But, if Flores turns out to be setting forth Constitutional minimum requirements, then the statute would be held unconstitutional. On the other hand, if no Constitutional issues are involved, Congress would be free to act. However, Congress hasn’t shown any enthusiasm for immigration legislation, particularly something as sensitive and potentially controversial as Flores.

Additionally, just because Congress could change the law doesn’t necessarily mean that the Administration could do so by regulation. Indeed, if the Administration could void a court-approved settlement simply by publishing a regulation, settlements with the Government would cease to have any meaning or enforceability.

Also, at the time of the original Flores settlement it seems to me that both parties and the court wisely wanted to avoid protracted litigation on the Constitutional question of long-term detention of children which had risks for both parties.

At a minimum, an attempt to “undo” Flores by regulation would allow the plaintiffs to raise the Constitutional issue in court. It’s seems to me that there must be some Constitutional limits on child detention. So, the Government could well end up enjoined to follow Flores while the litigation on the Constitutional question works its way up the system — a process likely to take until beyond 2020. I’d also say that the Administration’s stupidity and lawlessness on separating children from parents tends to make the “litigating context” very favorable for plaintiffs.

So, to me, it looks like another dumb, counterproductive, “in your face” move by the Trumpsters. But, that doesn’t mean they won’t try it. In fact, most of their so-called “litigating strategy” seems to fit this mold. It’s an Administration that has made immorality, lies, fraud, waste, and abuse of public resources the norm. However this issue comes out, that couldn’t bode well for the future of our country.

PWS

08-03-18

 

TED HESSON @ POLITICO: DHS TO ACLU ON SEPARATED PARENTS: “Go find ‘Em Yourself. Not Our Problem!”

Ted Hesson reports for Politico:

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Yeah, as I was saying about lack of accountability in my previous posting. Seems like it’s time for the U.S. District Judge to start issuing some contempt citations for Government officials and lawyers. Perhaps a few days in jail for Secretary Nielsen would light a fire under her to correct the Constitutional abuses undertaken under her authority. And it seems to me that the disingenuous court filings from DOJ in behalf of DHS are more than enough to file disciplinary actions against the DOJ Attorneys and to haul Sessions into court for possible contempt proceedings.

As I’ve said before, if any private lawyer conducted themselves before the District Court the way the Trump Administration did in this case, he or she would be in danger of losing both freedom and license to practice law. But, the laws don’t seem to apply to this Administration the way they do to the rest of us.

PWS

08-02-18

NPR: FRONTLINE TAKES YOU INSIDE THE POLICY DECISIONS THAT LED TO FAMILY SEPARATION — Featuring Michelle Brane Of The Women’s Refugee Commission

Dear Paul,I hope you saw the new “Frontline” episode, Separated: Children at the Border, last night on PBS. The episode provides an in-depth, factual look at the Trump administration’s “zero-tolerance” policy and the treatment of families seeking safety at the border.

I was interviewed about the work of the Women’s Refugee Commission (WRC) on behalf of women and children seeking asylum and what I witnessed on a recent monitoring visit to a processing center at the border.

We want you to know that WRC is unyielding in our commitment to hold the Trump administration accountable for its cruel policies — we will not stop until families seeking safety at the U.S. border are treated humanely and have their human rights respected.

Thank you for standing with us.

Warm regards,

Michelle Brané,

Director of Migrant Rights and Justice

WATCH IT HERE

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The Trump Administration specializes in avoiding accountability. The masters of the lie always blame the courts, the victims, the Democrats, the press, lawyers, everybody but them. That was on display this week during Senate oversight hearings where nobody took responsibility for the child separation policy that everyone agreed was a bad idea. Of course, missing from the hearing lineup was the unapologetic and disingenuous “mastermind” of the “zero tolerance policy” Jeff “Gonzo Apocalypto” Sessions.

The video also shows how badly the Obama Administration screwed up the treatment of arriving asylum applicants with counterproductive policies like the abominable “family detention.” Not much acceptance of responsibility there either. Indeed, this is when the policy of “Aimless Docket Reshuffling” by the DOJ and White House politicos went into high gear sending the Immigration Court backlog careening out of control.

PWS

08-02-18

 

LA TIMES: SESSIONS IS “DECONSTRUCTING” OUR ASYLUM SYSTEM, AND IT’S A NATIONAL OUTRAGE THAT CONGRESS SHAMEFULLY REFUSES TO FIX – “Many more people with legitimate claims are likely being sent home to perilous conditions despite federal and international laws recognizing the right of the persecuted to seek sanctuary in other countries. That is unconscionable.”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8434794c-eb73-4a2e-a2cd-3dafee637733

By the LA Times Editorial Board:

A shameful retreat on asylum

Here’s the disheartening reality about the Trump administration’s policies toward those arriving at the borders seeking asylum: Many more people with legitimate claims are likely being sent home to perilous conditions despite federal and international laws recognizing the right of the persecuted to seek sanctuary in other countries. That is unconscionable.

The Transactional Records Access Clearinghouse at Syracuse University reports that immigration judges — who work for the Justice Department, not the federal courts — are granting asylum seekers’ appeals half as often as they did a year ago. Through June, courts revived less than 15% of the asylum claims that had been rejected by immigration agents, who make the initial determination whether an asylum seeker had a credible fear of persecution if returned home.

What changed from the first half of 2017? The reduction of successful appeals coincided with Atty. Gen. Jeff Sessions’ comments that the asylum system “is being gamed” (there’s little evidence of that), his demands that immigration courts handle appeals more quickly, and the roll-out of performance quotas to force immigration judges to clear cases faster. That’s what changed.

The TRAC analysis further found that rate of successful appeals varies wildly by geographic region and even among judges within the same regional court — a systemic inconsistency that predates the Trump administration. That justice is so fickle is neither fair nor meets our moral and legal obligations to those fleeing persecution.

We can rail against the Justice Department’s failings, but the responsibility rests with Congress. It granted the department wide latitude in handling asylum requests from people facing persecution based on race, religion, race, political beliefs, nationality or membership in a social group.

That last, ill-defined category gave the government flexibility as times and needs warranted, but it also has led to uncertainty and politicization. Sessions, for instance, recently overturned an Obama-era immigration court definition that made asylum available to women who faced domestic violence in countries where police failed to protect them. So a political change in the attorney general’s office can weigh more heavily than precedents set by immigration judges.

This is fixable if we ever get a Congress willing to compromise and craft comprehensive immigration reforms framed within a humanitarian context and informed by the nation’s best interests — in terms of diversity and economic growth — and not one that panders to the current mood in the capital of nationalistic antipathy for the foreign-born. In the meantime, we must insist that people who are deserving of sanctuary receive it, and not get turned away to satisfy the current political whims.

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

What’s happening to our U.S. Immigration Courts and to our asylum system is indeed a national outrage that requires Congressional action. That corrective action, at a minimum, must 1) establish an independent, Article I Immigration Court outside the Executive Branch; and 2) specify that persecution based upon gender constitutes persecution on account of a “particular social group.”

Not going to happen under this Congress! That’s why regime change is so critical. And, getting out the vote this November and thereafter is key to the majority no longer being subject to the whims of a toxic minority Government that has abandoned our Constitution,  human rights, human decency, common sense, and the common good.

PWS

08-02-18

SLAMMED AGAIN – SPLIT 9TH HANDS SCOFFLAWS TRUMP & SESSIONS YET ANOTHER “SANCTUARY” DEFEAT — Attempt To Punish California Cities Unconstitutional!

http://www.latimes.com/local/lanow/la-me-ln-sanctuary-9th-circuit-20180801-story.html

Maura Dolan reports for the LA Times:

A federal appeals court decided Wednesday that the Trump administration may not withhold federal funds from California’s immigrant-friendly “sanctuary” cities and counties.

The U.S. 9th Circuit Court of Appeals, in a 2-1 decision, upheld a district judge’s ruling in favor of San Francisco and Santa Clara County, which sued over the administration’s threats to withhold money to jurisdictions that have passed laws limiting local law enforcement cooperation with federal immigration authorities.

The ruling was a blow to the Trump administration’s efforts to punish cities and states that fail to help enforce federal immigration law, a goal President Trump announced shortly after he was sworn in.

The administration did not comment on whether it intended to appeal the decision.

But the 9th Circuit handed Trump one victory. It removed a nationwide injunction against his directive, concluding there was not enough evidence presented in the case so far to support blocking it beyond California.

Devin O’Malley, a spokesman for the U.S. Department of Justice, called the ruling a “a victory for criminal aliens in California, who can continue to commit crimes knowing that the state’s leadership will protect them from federal immigration officers.”

O’Malley also declared that the removal of the nationwide injunction amounted to “another major victory for the rule of law.”

The case stemmed from an executive order issued by Trump shortly after taking office. He directed his administration to withhold federal funds from sanctuary jurisdictions.

The 9th Circuit said Trump exceeded his authority because only Congress can put conditions on federal funds.

“The United States Constitution exclusively grants the power of the purse to Congress, not the President,” wrote Chief 9th Circuit Judge Sidney R. Thomas, a Clinton appointee.

The administration argued that the order was “all bluster and no bite, representing a perfectly legitimate use of the presidential ‘bully pulpit,’ without any real meaning — ‘gesture without motion,’ as T.S. Eliot put it,” Thomas wrote.

But that explanation “strains credulity,” Thomas said.

The ruling quoted Trump expressing his opposition to sanctuary cities in a television interview after issuing his order.

“If we have to defund, we give tremendous amounts of money to California…. California in many ways is out of control,” the court quoted Trump as saying.

The Justice Department later issued a memorandum interpreting Trump’s order as affecting only three law enforcement grants historically conditioned on compliance with immigration law.

But the 9th Circuit said that interpretation was unreasonable and inconsistent with the executive order.

The court left the injunction in place for California because it found there was sufficient evidence that the counties and the state were “particular targets.”

But there was little to no evidence presented on the impact of the executive order outside California, the 9th Circuit said.

“The record as presently developed does not justify a nationwide injunction,” the court said.

Unless the Trump administration appeals, which legal analysts believe is likely, the case will return to the district court, where evidence could be presented to support a nationwide injunction.

Ninth Circuit Judge Ferdinand F. Fernandez, appointed by former President George H.W. Bush, dissented.

He argued the case was not “ripe” for a decision, in part because no action has been taken against the counties.

“While the counties may be convinced that the Executive Order loosed a fearsome chimera upon them, that does not mean that the courts should take up arms to vanquish the imagined beast by slaying the executive order itself,” Fernandez said.

Wednesday’s decision was the latest among several to block Trump from punishing sanctuary jurisdictions.

Last month, a federal judge in Sacramento largely rejected a challenge by the Trump administration of three statewide California sanctuary laws.

In April, a federal judge in Los Angeles sided with the city in a ruling that said the administration could not consider sanctuary policies in parsing out police grants.

Chicago and Philadelphia also won court challenges of the administration’s authority to yank law enforcement grants based on sanctuary policies. The U.S. 7th Circuit Court of Appeals upheld the decision in the Chicago case.

The U.S. 5th Circuit Court of Appeals, though, has allowed a Texas law requiring police chiefs and sheriffs to cooperate with federal immigration officials to go into effect. Texas lawmakers passed the requirement in response to the sanctuary city movement.

The U.S. Supreme Court has not yet weighed in on the sanctuary policies or on the legality of the administration’s effort to end protections from deportation for immigrants who came to the U.S. when they were young.

The high court decided 5 to 4 in June to uphold Trump’s travel ban, which was a revision of an executive order the president issued shortly after taking office.

The order bans foreign visitors and immigrants from several mostly Muslim-majority nations. Lower courts had struck down the ban.

Santa Clara County Counsel James Williams called Wednesday’s decision “great news.”

He said all the courts that have examined lawsuits involving sanctuary polices have concluded that Congress, not the executive branch, controls federal spending.

“This opinion today is a huge reaffirmation of that very core bedrock principle of separation of powers,” Williams said.

Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, described the majority ruling as “deeply dishonest.” The foundation sided with the Trump administration in the case.

Scheidegger noted that Trump’s order asked for compliance “consistent with law,” which limited it to only a few grants, not all federal spending.

“This case is headed for rehearing by a larger 11-judge panel, at least, and probably to the Supreme Court,” he said.

San Francisco City Attorney Dennis Herrera praised the ruling for blocking an unconstitutional “power grab” by Trump.

“San Francisco’s sanctuary policies make our city safer by encouraging anyone who has been a victim or witness to a crime to tell police,” Herrera said. “We are a safer community when people aren’t afraid to call the Fire Department in an emergency.”

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

Fairly predictable. Just think of the incredible amount of attorney and court resources, and the potential for goodwill and cooperation the Trump Administration has wasted in pursuing its White Nationalist agenda to actually make America less safe!

If the same amount of energy, effort, and resources were put on working with the private bar and the Immigration Judges to 1) get all asylum applicants competently represented, and 2) remove the 75% or so of the cases of individuals who should eventually be legalized or otherwise allowed to stay from already overcrowded Immigration Court dockets, the backlog resulting from “Aimless Docket Reshuffling” by DOJ politicos could largely be eliminated. The system then would be able to adjudicate new cases, particularly those of recently arrived asylum seekers, fairly, within a reasonable period of time, and in conformity with Constitutional Due Process.

PWS

08-01-18

TRAC: THE SESSIONS EFFECT — DENIALS OF DAY IN COURT FOR ASYLUM SEEKERS SPIKE — Country Conditions Remain Horrible & Asylum Statute Hasn’t Changed, But Many More Asylum Applicants Now Denied Access To Immigration Court Hearings — Huge Individual Discrepancies Among Judges On “Credible Fear” Findings!

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. Immigration Court outcomes in credible fear reviews (CFR) have recently undergone a dramatic change. Starting in January 2018, court findings of credible fear began to plummet. By June 2018, only 14.7 percent of the CFR court decisions found the asylum seeker had a “credible fear.” This was just half the level that had prevailed during the last six months of 2017.
These very recent data from the Immigration Court provide an early look at how the landscape for gaining asylum may be shifting under the current administration. Unless asylum seekers, including parents with children, arriving at the southwest border pass this initial CFR review, they are not even allowed to apply for asylum. As a consequence, individuals who don’t pass these reviews face being quickly deported back to their home countries.

The latest available case-by-case court records obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University document that depending upon the particular Immigration Court undertaking the credible fear review, the proportion of asylum seekers passing this screening step varied from as little as 1 percent all the way up to 60 percent – a sixty-fold difference. Since October 2015, for example, at least half passed their credible fear reviews when these were conducted by the Immigration Courts in Arlington, Virginia (60% passed), Chicago, Illinois (52% passed), Pearsall, Texas (51% passed), and Baltimore, Maryland (50% passed). In contrast, few were found to have credible fear when their review took place in Immigration Courts based in Lumpkin, Georgia (only 1% passed) and Atlanta, Georgia (only 2% passed).

Which judge is assigned to undertake this review can also have a dramatic impact. Judges on the Pearsall, Texas and San Antonio, Texas Immigration Courts found as few as 4 percent demonstrated credible fear, while others on the same two courts found 94 percent with such fear.

Previous reports by TRAC and others have long documented wide judge-to-judge disparities in asylum decisions. This report breaks new ground in showing that similar differences also exist earlier in the asylum process in the determination of who is allowed to apply for asylum.

To read the full report, including specifics for each Immigration Court, go to:

http://trac.syr.edu/immigration/reports/523/

In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through June 2018. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II   
Syracuse, NY 13244-2100
315-443-3563

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To state the obvious, if we believe in our Constitution and the Bill of Rights, we simply can’t tolerate a “court” run, improperly influenced, and manipulated by a xenophobic, White Nationalist, racist enforcement zealot like Jeff Session.

Time for “regime change” that includes an independent U.S. Immigration Court dedicated to insuring Due Process! Get out the vote this fall!

PWS

08-01-18

PBS: ADMINISTRATION WARNED OF LASTING DAMAGE CAUSED BY SEPARATION — PROCEEDED ANYWAY

https://www.pbs.org/newshour/politics/trump-administration-was-warned-of-traumatic-psychological-injury-from-family-separations-official-says

Joshua Barajas reports for PBS:

A top health official told lawmakers Tuesday that the Trump administration was warned about instituting “any policy” resulting in family separations because of the effects such separations could have on the wellbeing of immigrant children.

The official’s response came after Sen. Richard Blumenthal (D-Conn.) asked every federal immigration official at Tuesday’s hearing over family separations to answer a particular question: “Did anyone on this panel say, maybe [separating families] wasn’t such a good idea?”

After a pause, Blumenthal directed his question first to Commander Jonathan White of the U.S. Public Health Service Commissioned Corps, who said he and the Office of Refugee Resettlement raised a number of concerns in the previous year about “any policy which would result in family separation due to concerns we had about the best interest of the child as well about whether that would be operationally supportable with the bed capacity we had.”

The Democratic senator asked the commander to further explain his response in layman’s terms, asking if he told the administration that children would “suffer” as a result of its “zero tolerance” policy.

“Separation of children from their parents entails significant harm to children,” White said in response. “There’s no question that separation of children from parents entails significant potential for traumatic psychological injury to the child,” he added, shortly after.

READ MORE: How the toxic stress of family separation can harm a child

White also said that the administration’s response was that family separation was not a policy. As stated before, there is no current law that mandates the separation of migrant children from their parents at the U.S. border.

The Trump administration implemented its “zero-tolerance” policy this spring. President Donald Trump signed an executive order in June to halt the separations.

In recent weeks, lawsuits filed against the separation policy have produced testimonies from lawyers and the separated families they represent, alleging that the government’s actions resulted in trauma to their children.

In one personal declaration presented earlier this month in court, one mother said her son “is not the same since we were reunited.”

“I thought that, because he is so young he would not be traumatized by this experience, but he does not separate from me. He cries when he does not see me,” Olivia Caceres said of her 1-year-old son. “That behavior is not normal. In El Salvador he would stay with his dad or my sister and not cry. Now he cries for fear of being alone,” she wrote.

Here are several other key moments from Tuesday’s hearing in front of the Senate Judiciary Committee.

. . . .

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Read the entire article at the link.

The lack of accountability and acceptance of responsibility by the Administration is astounding, as was Sen. Cornyn’s tone deaf comment. The reason why other laws aren’t being enforced is because of the cruel, wasteful, unconstitutional “zero tolerance” policy instituted by Sessions. Stop blaming the victims, Senator!

And why isn’t Sessions being held accountable for the mess he “masterminded?”

PWS

08-01-18

 

 

 

SESSIONS’S CLAIM THAT HE WAS “REQUIRED BY LAW” TO PROSECUTE ALL ILLEGAL BORDER CROSSERS IS BOGUS — CRIMINAL PROSECUTIONS ARE ALWAYS DISCRETIONARY — “[W]hen it comes to prosecuting immigration laws, it’s never not a choice.”

https://www.huffingtonpost.com/entry/opinion-hernandez-family-separations_us_5b5a0a30e4b0fd5c73cd2e59

César Cuauhtémoc García Hernández writes in HuffPost:

When President Barack Obama announced Deferred Action for Childhood Arrivals, his administration’s policy of pushing young unauthorized migrants to the bottom of the immigration law-enforcement priority list, Republicans complained that focusing on some legal violations over others was equivalent to not enforcing the law. When Obama used his discretion to extend similar protections to parents of U.S. citizens, Republican legislators successfully took to the courts to block him. 

Within days of entering the White House, President Donald Trump issued an executive order proclaiming, “We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement.” To Republicans, prosecutorial discretion subverts the rule of law. Or so they say.

Government data about the Trump administration’s zero tolerance policy toward border crossers reveal that it, too, is picking and choosing whom to target. In May, at the height of its policy of tossing parents into criminal proceedings while their children were hauled to government-run prisons, Border Patrol agents sent 9,216 people to prosecutors. That is about 1,000 more than in April and over 5,000 more than the same month a year earlier. The increase was especially noticeable in the family separation epicenter of McAllen, Texas, where I was born and where my law firm is based. Lawyers in my hometown saw 841 prosecutions in April jump to 2,079 in May.

That is a lot of people, but it’s not everyone. In May, Border Patrol agents stationed across the southwest border caught almost 29,000 adults clandestinely entering the United States. Eighty-five percent had no children; the rest are the parents whose anguish has been heard across the world. 

Of all the adults apprehended that month, most were not prosecuted criminally. Only one-third were charged with a federal immigration crime. The rest presumably ended up in the civil immigration court system or in fast-track legal proceedings in which immigration officials deport people without taking them in front of a judge. Zero tolerance apparently didn’t mean zero exceptions.

It makes complete sense that the government did not go after everyone. The federal courts can’t handle that many cases. Picking and choosing is a part of every big law enforcement system. The important question isn’t whether that happens ― despite Republican insistence, it always does. The important question is why law enforcement officers choose to target some people over others.

. . . .

When it comes to taking a child from her parent, nothing is simple. And when it comes to prosecuting immigration laws, it’s never not a choice.

César Cuauhtémoc García Hernández is an associate professor of law at the University of Denver, publisher of the blog crimmigration.com, and of counsel to García & García Attorneys at Law.

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Read the rest of the article at the link.

Of course separating children from parents has always been a choice driven by Sessions’s racism, White Nationalism, and xenophobia and having nothing whatsoever to do with sound law enforcement policy.

Indeed, studies have shown that so-called “zero tolerance” enforcement programs are failures across the board from a law enforcement standpoint. And, low level immigration prosecutions such as those promoted by Sessions have no documented deterrent effect. But, they have been shown to reduce the amount of time that Federal prosecutors and Federal Judges have to spend on “real” law enforcement, such as drug trafficking, human trafficking, organized crime, and fraud.

PWS

07-31-18

 

 

EUGENE ROBINSON @ WASHPOST: RACIST, WHITE NATIONALIST ADMINISTRATION DEHUMANIZES MIGRANTS OF COLOR — “All of this is happening because Trump has no respect for law or due process and no sense of empathy. He was reportedly upset this spring by a rise in border crossings by asylum-seekers, who by law had to be allowed to stay pending resolution of their claims. He and Sessions seized upon the pretext — for which they have not provided evidence — that children were being “trafficked” into the country for some reason.”

https://www.washingtonpost.com/opinions/does-the-trump-administration-see-central-americans-as-human/2018/07/30/90dc17d4-9432-11e8-810c-5fa705927d54_story.html?utm_term=.17b3b808d283

Robinson writes:

. . . .

If you have children, imagine how you would feel seeing them taken away like that. Hug your kids. Imagine not knowing where they are or whether you’ll ever get to hug them again.

Now imagine the terror and despair those 711 “ineligible” children must feel. It is monstrous to gratuitously inflict such pain. It is, in a word, torture.

In 120 cases, according to the government, a parent “waived” reunification with the child. This claim cannot be taken at face value, however, since immigration advocates cite widespread reports of parents being coerced or fooled into signing documents they did not understand.

Human nature binds parents with their children. It shocks and depresses me to have to write this, but I wonder whether Trump and his minions see these Central Americans — brown-skinned, with indigenous features — as fully human.

In 431 cases involving children between 5 and 17, officials reported, the parents have been deported. Where are they now? How could the government let this happen? If these parents were going to be denied permission to stay in the United States, what was the big hurry to kick them out? Why couldn’t the administration wait until their children could be brought back from wherever they were being kept?

Even more incredibly, in 79 cases, the children’s parents have been released into the United States. In other words, the parents have some legal status — but the government has their children.

And in 94 cases, according to Trump administration officials, the parents cannot be located. What are the odds, do you think, that these men and women will ever be found? Where do parents go to begin the process of tracking down their children? How do you tell a 5-year-old that she may never see her mother and father again?

That’s the reported situation for children 5 and older. The government is also still holding 46 children younger than 5 whom officials cannot or will not give back to their parents. Think of the trauma being inflicted on 2-year-olds — to make a political point.

All of this is happening because Trump has no respect for law or due process and no sense of empathy. He was reportedly upset this spring by a rise in border crossings by asylum-seekers, who by law had to be allowed to stay pending resolution of their claims. He and Sessions seized upon the pretext — for which they have not provided evidence — that children were being “trafficked” into the country for some reason.

“If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably, as required by law,” Sessions said in May. “If you don’t want your child separated, then don’t bring them across the border illegally.”

Think, for a moment, of the millions of Irish, Italian, Eastern European and other immigrants who “smuggled” children into the United States — families such as Trump’s own. The only difference is that those earlier immigrants, though sometimes rejected at first, came to be seen as white.

Brown immigrants need not apply. Not if they want to see their kids again.

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

Read Robinson’s complete op-ed at the above link.

“Right on” Eugene! We need “regime change,” sooner rather than later. And, we still don’t have an answer to Eugene’s earlier question: When, if ever, will Sessions and other Trump Administration officials be held accountable for their intentionally lawless and unconstitutional behavior?

PWS

07-31-18

THE HILL — NOLAN SAYS LEGALIZATION SHOULD BE #1 CONCERN FOR THOSE THREATENED WITH REMOVAL!

http://thehill.com/opinion/immigration/399394-aliens-here-unlawfully-need-legalization-not-protection-from-being-called

 

Family Pictures

Nolan writes in The Hill:

. . . .

They need legalization

The last legalization program was established by the Immigration Reform and Control Act of 1986, more than 30 years ago. The Democrats claim that this is because the Republicans won’t cooperate, but that isn’t true.

The Democrats could have established a legalization program without Republican cooperation during the first two years of Barack Obama’s administration. From January 2009 to January 2011, they had a majority in the House, and until Scott Brown’s special election in 2010, there were enough Democratic senators to overcome a filibuster.

And they could establish one now if they really wanted to.

Trump is willing to support legalization for 1.8 million aliens in the DACAprogram if the Democrats accept the three conditions in his framework on immigration reform and border security.

Trump wants to end chain migration. This should not be a deal-breaker if the legalization program were to be established by expanding the availability of Special Immigrant Juveniles (SIJ) status to include DACA participants, which could restrict the end of chain migration to them as opposed to ending it for everyone.

SIJ provisions state, “no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.”

I’ve suggested this possibility before.

Trump also wants a wall along the border with Mexico, which would make it more difficult for parents to make illegal crossings with their young children in the future. Adults may be able to climb over a wall 20 or 30 feet high, but young children can’t.

The other condition is to terminate the Diversity Visa Program (DVP).

The Democrats have been willing to end the DVP in the past.  Sen. Chuck Schumer’s (D-N.Y.) Gang of Eight bill would have repealed it in 2013 if it had been enacted.

The problem seems to be that legalization isn’t very important to the Democrats.

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

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

I agree with Nolan that legalization should be the focus.

I have also made a similar observation that during the first two years of the Obama Administration, Democrats could have solved what have become the three most pressing problems on the domestic front:

  • Legalization;
  • Dreamer relief; and
  • An independent U.S. Immigration Court.

Our country and the good folks caught up the in current system are paying the price every day for these failures. But, past is past. The important thing is not to make the same mistakes again if and when the Democrats and whatever “moderate” Republicans still remain get a chance to act.

PWS

07-30-18

WASHPOST CHRONICLES THE TRUMP/SESSIONS SELF-CREATED HUMAN RIGHTS DISASTER — Incredible Cruelty, Incompetence, Bias, & Just Plain Old Stupidity!

https://www.washingtonpost.com/local/social-issues/deleted-families-what-went-wrong-with-trumps-family-separation-effort/2018/07/28/54bcdcc6-90cb-11e8-8322-b5482bf5e0f5_story.html

 

Nick Miroff, Amy Goldstein, and Maria Sacchetti report for the Washington Post:

‘Deleted’ families: What went wrong with Trump’s family-separation effort

5:41
Why hundreds of migrant children are still separated from their parents

Hundreds of migrant children remain in custody after the Trump Administration scrambled to reunite separated families under a court-imposed deadline.

When a federal judge ordered the Trump administration to reunify migrant families separated at the border, the government’s cleanup crews faced an immediate problem.

They weren’t sure who the families were, let alone what to call them.

Customs and Border Protection databases had categories for “family units,” and “unaccompanied alien children” who arrive without parents. They did not have a distinct classification for more than 2,600 children who had been taken from their families and placed in government shelters.

So agents came up with a new term: “deleted family units.”

But when they sent that information to the refugee office at the Department of Health and Human Services, which was told to facilitate the reunifications, the office’s database did not have a column for families with that designation.

The crucial tool for fixing the problem was crippled. Caseworkers and government health officials had to sift by hand through the files of all the nearly 12,000 migrant children in HHS custody to figure out which ones had arrived with parents, where the adults were jailed and how to put the families back together.

Compounding failures to record, classify and keep track of migrant parents and children pulled apart by President Trump’s “zero tolerance” border crackdown were at the core of what is now widely regarded as one of the biggest debacles of his presidency. The rapid implementation and sudden reversal of the policy whiplashed multiple federal agencies, forcing the activation of an HHS command center ordinarily used to handle hurricanes and other catastrophes.

After his 30-day deadline to reunite the “deleted” families passed Thursday, U.S. District Judge Dana M. Sabraw lambasted the government for its lack of preparation and coordination.

“There were three agencies, and each was like its own stovepipe. Each had its own boss, and they did not communicate,” Sabraw said Friday at a court hearing in San Diego. “What was lost in the process was the family. The parents didn’t know where the children were, and the children didn’t know where the parents were. And the government didn’t know either.”

This account of the separation plan’s implementation and sudden demise is based on court records as well as interviews with more than 20 current and former government officials, advocates and contractors, many of whom spoke on the condition of anonymity to give candid views and diagnose mistakes.

Trump officials have insisted that they were not doing anything extraordinary and were simply upholding the law. The administration saw the separations as a powerful tool to deter illegal border crossings and did not anticipate the raw emotional backlash from separating thousands of families to prosecute the parents for crossing the border illegally…

. . . .

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

Read “the team’s” entire much, much more detailed article at the link!  By the end you will be disgusted by this Administrtion’s intentional dehumanization, stunning incompetence, dishonesty, and lack of any sense whatsoever of responsible government or prudent use of taxpayer resources.

No wonder deficits are soaring while essential services are being cut. This Administration consistently and intentionally misuses our taxpayer dollars on counterproductive and totally misguided efforts such as this which have little or nothing whatsoever to do with legitimate law enforcement. And think of the monumental amounts of attorney and court time being wasted because of the Government’s lawless, racially motivated actions! What if these efforts and resources were it toward actually solving problems, rather than creating them?

The Administraton’s explanations don’t make sense. In court before Judge Sabraw, DOJ attorneys have always conceded that intentional separation of children from parents for deterrence purposes would be unconstitutional. They initially claimed that there was no such policy.

But, it’s clear that separating children from parents for deterrence was exactly what Sessions, Nielsen, and others in the Administration intended. Moreover, they had no intention of ever reuniting the children with families, which is why they didn’t bother to set up a system to keep track of them,

This seems like a very clear and intentional violation of our Constitution and lack of candor before a tribunal by Sessions, not to mention failure to fully and in good faith comply with the court’s order. That should lead to civil liability under Bivens or punishment for contempt of court, or both.

Also, seems that the DOJ lawyers who misrepresented the nature of the program their boss was running should be in line for disciplinary action from the District Court and from their respective state bars.  One would only have had to watch a Sessions news clip (as many reporters did) to know that what they were telling the court was untrue or at least required some further explanation from Sessions.

Back to Eugene Robinson. Why are we putting families seeking the protection of the law in jail instead of dishonest, disingenuous scofflaws like Jeff Sessions? Maybe “Ol Gonzo” shouldn’t be up in front of the young neo-Nazis leading “lock her up” chants. What goes around comes around!

And, if I were Judge Sabraw, I might want to know why Sessions was out there leading nationalist chants rather than busting his tail to comply fully with the court’s order for reunification of families.

We need regime change! Vote the scofflaws and their enablers out of office in November! Vote only for candidates pledged to hold Jeff Sessions and the other scofflaws in this Administration accountable for their actions through meaningful oversight (of which there has been none since Trump took office).

PWS

07-28-18

 

 

FEDERAL JUDGE HAS SEEN ENOUGH OF THE ABUSE OF CHILDREN IN SESSIONS’S “NEW AMERICAN GULAG” – WILL APPOINT “INDEPENDENT AUDITOR” TO OVERSEE TREATMENT OF KIDS IN THREE FACILITIES!

http://www.latimes.com/local/lanow/la-me-flores-ruling-20180727-story.html

Andrea Castillo reports for the LA Times:

A federal judge in Los Angeles will appoint an independent auditor to oversee the treatment of children in immigrant detention facilities.

The Friday ruling came a day after the court-imposed deadline for the Trump administration to reunite families separated at the border under its zero-tolerance policy. As of Friday, hundreds of children remained isolated from their parents.

A monitor is expected to be appointed within a few weeks.

Peter Schey, lead counsel and director of the Los Angeles-based Center for Human Rights and Constitutional Law, said the monitor will oversee all three family detention centers run by Immigration and Customs Enforcement — two in Texas and one in Pennsylvania — as well as Border Patrol facilities in the Rio Grande sector along the Texas border.

Schey’s group filed a motion seeking an independent monitor for the Rio Grande sector after lawyers observed inhumane conditions there. He said his team will discuss in the coming weeks whether to file another motion asking that the monitor also oversee all other Border Patrol facilities along the border.

The group filed a scathing report last week including testimony from more than 200 parents and children held in California, Texas and other states who described cramped cells without enough bedding to sleep, cold or frozen food and a lack of basic hygiene products.

A Mexican woman said her daughter had wet herself on their first night because there were so many people sleeping in the room that she couldn’t get to the toilet. A Guatemalan boy told attorneys that he had no soap, towels or a toothbrush.

“These are problems that appear to be pervasive,” Schey said Friday. “We’re hoping that that has a salutary effect on Border Patrol operations throughout the southern border. Hopefully they won’t wait until we bring a new motion to expand the special monitor before they will learn from this and correct their ways.”

The interviews were done through a 1997 court settlement called the Flores agreement that governs how long migrant children may be held in custody and under what conditions. The settlement allows attorneys to periodically inspect detention facilities that children are held in.

This month, U.S. District Judge Dolly Gee rejected the federal government’s request to renegotiate the terms of the Flores agreement to hold children for longer than 20 days.

She ruled in 2015 that the government had breached the agreement by allowing rooms that were cold and overcrowded as well as inadequate nutrition and hygiene.

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

Great idea!

It’s also time for some Federal Judge (or Judges) to appoint an “Independent Auditor” or “Special Master” to run the U.S. Immigration Court system in accordance with the laws and our Constituton until Congress establishes a new independent system.

PWS

07-28-18

U.S. JUDGE BLASTS SESSIONS AGAIN FOR LAWLESS AND UNCONSTITUTIONAL ATTACKS ON “SANCTUARY CITIES,” As Reported By Tal @ CNN!

Judge strikes down law underpinning Sessions’ anti-sanctuary city push

By Tal Kopan, CNN

Attorney General Jeff Sessions and the Trump administration were handed another stark defeat in their effort to punish sanctuary cities, with a judge declaring a law the administration had been relying on unconstitutional.

In a terse 58-page opinion, a Reagan-nominated district court judge thoroughly rebuked Sessions’ efforts to penalize sanctuary cities, saying efforts he has taken to impose immigration-related conditions on federal law enforcement grants are unconstitutional. The judge also called the underlying law that the administration has pointed to as justifying its efforts unconstitutional.

The ruling will only apply to the city of Chicago for now — but the judge said he intends for his ruling to apply nationwide.

Judge Harry Leinenweber had also previously temporarily blocked the grant conditions, which the appellate court upheld.

But now Leinenweber has gone even further — making his initial ruling permanent and going beyond it to strike down the underlying law, referred to as Section 1373.

The administration has pointed to the obscure law in all of its sanctuary city lawsuits, the vast majority of which it has lost. The law mandates that local governments share immigration status of individuals with the federal government.

The Justice Department has argued that law should be interpreted broadly to mandate cooperation with federal immigration enforcement. But citing a recent Supreme Court ruling, Leinenweber did the opposite — striking down the law itself as unconstitutional.

More: https://www.cnn.com/2018/07/27/politics/trump-sessions-defeat-sanctuary-cities/index.html

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

Not only is Sessions’s attack on “sanctuary cities” illegal, it’s also just plain bad law enforcement policy. Sessions is “poisoning the well” for needed cooperation between the Feds and locals on real law enforcement initiatives for many years to come.

PWS

07-27-18

SEN. BRIAN SCHATZ (D-HI) @ LA TIMES: NO, FAILURE TO REUNITE MORE MIGRANT FAMILIES ISN’T JUST ABOUT THIS ADMINISTRATION’S UNDOUBTED INCOMPETENCE – IT’S REALLY ABOUT SESSIONS’S PURE, INTENTIONAL CRUELTY & RACISM! — “This policy reveals a darker side of America that has dehumanized black and brown people since our nation’s founding. Americans have stolen and enslaved black people, killed indigenous peoples and imprisoned Japanese Americans. The reason why this administration has pumped out racist rhetoric casting people as fish to be caught, infestations to be eradicated, and animals to be caged is because it has worked before.”

http://www.latimes.com/opinion/op-ed/la-oe-schatz-family-reunification-20180727-story.html

Senator Schatz writes:

The failure of the U.S. government to reverse the kidnapping of migrant children from their parents has been chalked up to incompetence. People want to believe that this act of extraordinary cruelty — and the Trump administration’s inability to fix it — stems from our leaders’ lack of experience or common sense.

But this too is a failure — of our collective imagination. Although the government claimed it met the Thursday deadline to reunite families, it admitted that hundreds of parents had been deported without their children. The separation policy was designed to inflict harm. And the resolution process is chaotic by design.

How else can we explain what has happened to these families? Some 14 million checked bags are managed by the Transportation Security Administration — and that’s just during Thanksgiving weekend. Even high school students can manage a coat check for an evening without losing everyone’s coats. They match each coat and owner with corresponding tickets, and do not store the coats outside the building, or even thousands of miles away from the event.

This administration will harm children in order to force Congress to agree to its absurd immigration policies.

The administration did not take even these basic measures when it began to separate children — not coats! — from their parents. It did not use corresponding numbers for the files of parents and children, or take photos of families together, or hand out hospital-style bracelets. It did not house families near one another, choosing instead to hold mothers in California and daughters in Chicago, fathers in Texas and sons in New York City.

In fact, the administration seems to have taken a comprehensive inventory of confiscated items — sneakers, toothpaste, rosaries — everything except which child belongs to which parent.

These are the actions of a government that intended to separate families but did not intend to reunite them. It meant to inflict so much suffering that other families wouldn’t make the dangerous trek. No matter how bad the violence might be in Central America, surely these families would choose to stay united rather than come and be separated.

In fact, through all the blather, the Trump administration has admitted as much.

“I would do almost anything to deter the people from Central America,” White House Chief of Staff John F. Kelly said in 2017. Even separate children from their parents, asked CNN’s Wolf Blitzer? “Yes.”

“We expect that the new policy will result in a deterrence effect,” Health and Human Services Assistant Secretary Steven Wagner told reporters in June.

“Hopefully people will get the message,” Atty. Gen. Jeff Sessions said casually on Fox News in June.

But according to the Department of Homeland Security, no one has been deterred. The number of families stopped at the border actually increased by 64% in the months after the administration began to separate families. So even if you could stomach traumatizing toddlers, this policy did not accomplish Sessions’ objective of sending a warning across the desert.

Still, cruelty has its uses. Across the country, Republicans have made the Trump administration’s immigration stance their rallying cry for reelection, running more than 14,000 campaign ads this year bragging about their efforts to “stop illegals.” And last month, Sessions spelled out the administration’s plan to use all the bad press for good.

“We do not want to separate parents from their children,” he clarified. “If we build the wall, if we pass legislation to end the lawlessness, we won’t face these terrible choices.”

In other words, this administration will harm children in order to force Congress to agree to its absurd immigration policies. But let’s be clear: No lawmaker of any party should ever accede to a legislative demand in response to the intentional infliction of harm.

The American people must also speak up. Our government has kidnapped children from their parents. It forces these lost boys and girls to say the Pledge of Allegiance while they are held captive in building wings named for U.S. presidents. (It is not hard to believe that President Reagan would be aghast.)

This is not who we are, we want to say, but that isn’t quite true. This policy reveals a darker side of America that has dehumanized black and brown people since our nation’s founding. Americans have stolen and enslaved black people, killed indigenous peoples and imprisoned Japanese Americans. The reason why this administration has pumped out racist rhetoric casting people as fish to be caught, infestations to be eradicated, and animals to be caged is because it has worked before.

Will it work again? That’s up to us.

Brian Schatz representsHawaii in the U.S. Senate.

 

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

Senator Schatz provides a clear, succinct, powerful statement as to why we need regime change if American is to remain a great, diverse nation that uses the full abilities and respects the lives, dignity, potential, and rights of all of those who reside here now and may do so in the future.

“MAGA” has always been a not-so-thinly veiled exhortation to “Keep America As White As Possible For As Long As Possible No Matter How Much Damage We Inflict.”

Yeah, I remember that after his confirmation, I was willing to give Sessions “the benefit of the doubt” and hope that he meant his sworn testimony that he would rise above his past as a partisan Senator and represent the rights and dignity of all Americans (which, of course, would include those Americans residing here and protected by our Constitution regardless of “status”).

However, it didn’t take long to see that it was just more of the perjury and lies that roll so effortlessly off Sessions’s tongue. What he actually intended all along was to use his good fortune in being somewhat unexpectedly elevated to the Attorney Generalship to carry out a heinous, racist, xenophobic, homophobic, restrictionist, extreme right program directed against people of color, women, children, and other vulnerable minorities. This is the type of horrible program that had always driven him, but that had been able to inflict little actual damage on America due to Sessions’s “outlier” position, even among his fellow GOP Senators.

To be fair, that’s precisely what Senator Elizabeth Warren, Senator Corey Booker, and the Black Caucus tried to tell the Senate and the rest of American during the confirmation process. But, they were silenced or ignored. Now, innocent kids, families, abused women, and the international reputation of our entire nation are all “paying the price” for Sessions as AG.

Vote for “regime change” this November. Vote for accountability, decency, the real “rule of law,” and to rein in and ideally remove Jeff Sessions from office before he can do further damage to humanity and to our country!

PWS

07-27-18