"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
ImmProf: Following the lead of California Governor Jerry Brown, New York Governor Andrew Cuomo pardoned more than a dozen immigrants who faced deportation over prior convictions who now have a chance of staying in the United States.
Press-Enterprise: Undocumented immigrants can be deported for marijuana consumption in certain circumstances and may risk not being admitted back into the United States if they leave.
AILA: USCIS provided guidance and FAQs on DACA requests delivered by the filing deadline but not officially “ received” by USCIS. USCIS contacted individuals and they have 33 days from the date of the letter to resubmit the request. USCIS included information on other types of mail issues as well.
Politico: Democrats seeking a deal to protect so-called Dreamers from deportation must be prepared to agree to a package that includes several White House priorities, including a border wall and reforms to the U.S. immigration system, President Donald Trump wrote on Twitter Friday morning…House Minority Leader Nancy Pelosi (D-Calif.) and her Senate counterpart, Minority Leader Chuck Schumer (D-N.Y.), are set to meet [] Wednesday with House Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.) at the White House, where the congressional leaders are expected to work on a DACA deal as part of negotiations to avert a government shutdown.
The Commercial Appeal (note: this article is focused on Tennessee but generally relevant): Workplace immigration investigations will likely focus on “critical infrastructure,” such as airports, defense contractors, food distribution and other businesses that have an impact on the general safety and welfare of the community
Beginning on January 15, 2018, OCC-NYC will only accept joint motion to reopen (JMTR) requests electronically through eService portal.
OCC: Effective January 15, 2018, the OCC-NYC will move to the next phase of electronic service. Please note that on January 15, 2018, we will be disabling our JMTR email boxes in favor of service to our eService online portal. JMTR requests sent to the following email boxes on or after that date will be deemed improperly served: NONDETAINED.NYC_JMTR@ice.dhs.gov,DETAINED.NYC_JMTR@ice.dhs.gov.
“Our planet is beset with war, terror, hunger, disease, poverty and environmental degradation which must end soon if future generations are to survive and progress.
Perpetuating hatred, ignorance, bias, prejudice, selfishness, greed, fear, extremism, jealousy and misunderstanding from generation to generation perpetuates the world’s differences, disasters, degradations and difficulties.
Without an immediate, dramatic change of direction individually and collectively, our human race will come to where we are presently — and suicidally
— headed.
I and many others doubt whether individual actions or reactions to the planet’s universal problems can or will make any difference.
I personally pledge that I will forever peacefully condemn, resist and denounce killing, terror, war, crime, prejudice, vengeance and the loss or limitation of basic human rights – including, but not limited to:
The right to adequate food, shelter, clean water, clean air and clothing.
The right to health care.
The right to education.
The right to work for a living.
The right to worship one’s highest spirit and/or creator.
The right to a homeland free of challenge or aggression.
I will work to promote remedial action by those who have too much in favor of those who have too little; and, by those who can offer aid to those who need help.
I will not tolerate — without my active peaceful protest and, where necessary my peaceful civil disobedience — any government action that violates these covenants.
I support one planetary, plenary police power, consisting of fair representation from all nations, which will enforce the principles of universal law and peace through a multinational force governed by the United Nations.
I support one World Court, representative of all nations, to interpret and administer its universal rights and laws and principles.
I support a renewed and more responsible United Nations, free of veto power vested in any single nation or select group of nations.
Any declaration of war implied by any nation, government, individual or organized entity, other than the United Nations, shall be a declaration against all earth’s people; and, I will oppose any such aggressor.
I advocate the prompt mutual elimination of all weapons of mass destruction.
I will look anew at earth’s environmental status as well as my own in light of the damage humankind has wrought; and, I will endeavor to waste no resource, to conserve energy and prevent pollution of air, water and soil. I will try to use no more energy than is necessary to support my family.
I will teach my children and grandchildren principles of universal tolerance, love, equality, understanding, compassion, sympathy, empathy and freedom. I will teach the lessons of history and world events that have led us to this perilous time. This promotion of universal principles has become so necessary to the survival of humankind and the preservation of our earth.
I pledge to end the exposure of children to violence, including that portrayed in the media and I will also reject such portrayals myself.
I will pray for all those who are asked to understand this simultaneous planet-wide denouncement of violence and killing and vengeance even though they and their loved ones have been brutalized and victimized; and, I will promote the message that we must altogether say “enough” to violence, terror and killing. I believe earth’s present generations must agree to forgive terrible past and present wrongs and forego future wrongs and revenge.
I will respect and work to protect human differences in religion, culture, color, nationality, language, gender, age, ethnicity and political beliefs.
This dramatic and immediate change, so essential to preserving the planet and its people, will not come about through slow generational purging of the problems and prejudices that plague our earth.
We must act together to adopt sweeping, global change that will provide all people with the ultimate promise and hope, that we can together act to change tomorrow. I pledge to act responsively and responsibly to achieve this end.
I support a general amnesty for those who have engaged in conflict, so long as they terminate armed conflict and lay down their arms forever.
We must redirect worldwide economic resources from weapons and armies, fear and terror, to provide world sustenance, health, universal education and other basic human rights and needs for all. I will work for the preservation of the earth’s natural resources and development of clean renewable alternative energy to sustain future life on the planet.
I will urge others to take this pledge including my governmental representatives at all levels, my religious leaders, my nation’s military leaders, educational leaders and corporate leaders.
If we support these changes, there can and will be peace on earth and preservation of our planet and protection and perpetuation with dignity for humankind.
Thomas Lister is a trial lawyer, former Jackson County district attorney and circuit court judge. He is retiring from Fitzpatrick Skemp & Associates, La Crosse.
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Judge Thomas “Tom” Lister and I were members of the Class of 1973 at the University of Wisconsin School of Law. (No Orange Bowl — or indeed any Bowl — victories in those days — we were happy if the Badger Football team won a game. But, we faithfully attended the games in the “law student section” and the “fifth quarter” afterward!) Indeed, Tom, his wonderful wife Sally, my wife Cathy, and I were very close friends throughout those three years and have remained in touch ever since. Tom and I were members of the same “study group.”
Like me, Tom has seen the U.S. legal system from a number of different vantage points — as a prosecutor, a judge, and a private practitioner. Several years ago at our 40th UW Law Reunion we had an interesting discussion of the failures of the traditional law enforcement approach to drug and opioid use, a particular problem not only in Northern Virginia but in the largely rural Jackson Country Wisconsin where Tom was a Circuit Judge and, some years prior to that, the District Attorney.
I find Tom’s words and thoughts inspiring, particularly at a time when the level of political and intellectual discourse in our country is often quite the opposite, to say the least. I particularly appreciate his message about tolerance and the recognition of basic universal human rights — a subject which has concerned me throughout my legal career.
“It would have seemed unbelievable in 1990, when there were 2,245 killings in New York City, but as of Wednesday there have been just 286 in the city this year — the lowest since reliable records have been kept.
In fact, crime has fallen in New York City in each of the major felony categories — murder and manslaughter, rape, assault, robbery, burglary, grand larceny, and car thefts — to a total of 94,806 as of Sunday, well below the previous record low of 101,716 set last year.
If the trend holds just a few more days, this year’s homicide total will be under the city’s previous low of 333 in 2014, and crime will have declined for 27 straight years, to levels that police officials have said are the lowest since the 1950s. The numbers, when taken together, portray a city of 8.5 million people growing safer even as the police, under Mayor Bill de Blasio, use less deadly force, make fewer arrests and scale back controversial practices like stopping and frisking thousands of people on the streets.
“There is no denying that the arc is truly exceptional in the unbroken streak of declining crime,” said William J. Bratton, who retired from his second stint as police commissioner last year.
But officials see one area of concern: an uptick in reports of rapes toward the end of the year. The increase, which officials said included a higher-than-normal number of attacks that occurred more than one year ago, coincided with the publication of accusations against powerful menlike Harvey Weinstein, which gave rise to the #MeToo movementencouraging victims to come forward. City police officials have said they believed news coverage played a role in the spike in reports, though they also credited their own efforts combating domestic violence with encouraging victims to speak up.
And while rapes were down from last year by one, to 1,417, misdemeanor sex crimes — a catchall for various types of misconduct that includes groping — ticked up 9.3 percent to 3,585 so far.
The lower homicide numbers are still preliminary — and include one announced on Wednesday night — but they jibe with large drops in killings in major cities like Chicago and Detroit, while contrasting with sizable increases in killings in smaller cities like Charlotte and Baltimore.
The city today is a far cry from what it was when Mr. Bratton arrived in 1990 to become the head of the then-separate Transit Police. Not only were there 2,245 killings that year, but there were more than 527,000 major felony crimes and more than 5,000 people shot. Shootings have plunged to 774 so far this year, well below last year’s record low of 998. And for the first time, fewer than 1,000 people have been hurt by gunfire: 917 as of Sunday.
The continued declines are a boon to Mr. de Blasio, a Democrat elected on promises of police reform — promises that prompted warnings of mayhem to come by his opponents in 2013. But the opposite has happened, putting him on stronger footing as he pivots to a second term with a Police Department transformed to exercise greater restraint as it focuses on building trust in the city’s neighborhoods.
Franklin E. Zimring, a professor at University of California, Berkeley, School of Law, said the downturn was an “astounding achievement,” but it raised another question: How long and low will crime fall?
Mr. de Blasio and the police commissioner, James P. O’Neill, credit recent drops in crime to the Police Department’s emphasis on going after the relatively small groups of people — mostly gangs and repeat offenders — believed to be responsible for most crime, while also building relationships in communities where trust has been strained.
Mr. Bratton applauded political support for the police from the mayor, who provided funding for investments in officer hiring, training, equipment and overdose-reversal drugs.
One of the results is that police officers are using deadly force less often. As of Dec. 20, police officers intentionally fired their service guns in 23 encounters, a record low, down from 37 in 2016. The Police Department said officers were relying more on stun guns, which were used 491 times through November, compared with 474 times during the same period in 2016. More than 15,000 officers have been trained how to use them.
But criminologists differ about the cause of the continued declines. Mr. Zimring said that while better policing accounted for much of the decline in crime since 1990, it was no longer a primary driver. New York is “tiptoeing” toward a 90 percent crime decline for reasons that remain “utterly mysterious,” he said.
More broadly, research suggests that crime trends are closely tied to economic conditions. Interest rates, inflation and unemployment are among the macro-level factors influencing crime, according to James Austin, the president of the JFA Institute, a criminal justice policy nonprofit.
“What the Fed does will have more of an impact than any sentencing or police reforms,” Mr. Austin said.
The reductions in New York are a part of what the Brennan Center for Justice expects will be a 2.7-percent decline in crime rates and 5.6-percent drop in murder rates across the country’s largest cities. After record-high bloodshed last year, killings in Chicago have declined 15 percent.
Through August, rape was down in New York City 7 percent compared with last year, but a small increase in September was followed by spikes in October and November. The New York Times first published accusations against Mr. Weinstein on Oct. 5.
Reports of rapes that had occurred in a previous year, meanwhile, were up almost 12 percent through November. In response, the Police Department is adding investigators to its Special Victims Unit and hasmodernized the techniques detectives use to investigate claims.
“We can’t answer definitively” what is driving the rise, Commissioner O’Neill told reporters at a crime briefing this month. “At least I can’t. But we’re seeing people coming forward and having faith in the N.Y.P.D. And that’s what we want to happen.”
Whatever the reason for New York’s crime reductions, the statistics do not capture the complete picture of public safety. Some crimes are not represented fully or at all: acts of domestic violence, sexual assaults, identity thefts, hate crimes, and shootings that don’t result in injuries or damage.
Increasingly, officers are receiving calls to help people in emotional crises. The police responded to 157,000 such calls in 2016. But only 7,000 officers have received crisis intervention training for handling those situations.
While most police encounters are resolved without officers resorting to deadly force, fatal police shootings of people in emotional distress — including Dwayne Jeune on July 31 in Brooklyn and Miguel Richards on Sept. 6 in the Bronx — have drawn scrutiny. A police sergeant, Hugh Barry, was indicted on murder charges in May for the fatal on-duty shooting of a mentally ill woman, Deborah Danner, in October 2016. His trial is scheduled to begin in January.”
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AG Jeff “Gonzo Apocalypto” Sessions’s White Nationalist inspired anti-immigrant, anti-Sanctuary Cities, “turn a blind eye to police brutality” campaign actually impedes the type of community-trust based policing that appears to work in reducing crime. As I have noted before, Gonzo’s policies show little respect for the Constitution, the rule of law, or state and local rights, but lots of anti-immigrant bias.
“Iowa should consider waiting on SF 481 until the fate of the Texas anti-sanctuary bill is decided, which is likely to require a decision from the Supreme Court.
If Iowa actually needs a bill to eliminate sanctuary policies, it is not an urgent need.
State Senator Julian Garrett, the bill’s floor manager, has acknowledged that the vast majority of Iowa cities and counties cooperate with ICE enforcement efforts already.
And Iowa has a relatively small population of undocumented aliens. According to the PEW Research Center’s 2014 per-state estimate, Iowa only had 40,000 undocumented aliens in 2014, which was 1.3 percent of Iowa’s population. California had 2,350,000 undocumented aliens (6.0 percent of its population), and Texas had 1,650,000 (6.1 percent of its population).
[Graphic Omitted]
SF 481 also has substantial political opposition.
Numerous organizations have registered opposition to SF 481, including the Iowa League of Cities, Iowa State Bar Association, Iowa Police Chiefs Association, Iowa County Attorneys Association, Interfaith Alliance of Iowa, American Civil Liberties Union of Iowa, Iowa Catholic Conference, and Iowa Annual Conference of the United Methodist Church.
Only one organization has registered support for SF 481, the Iowa Minuteman Civil Defense Corps.
Perhaps Iowa should just leave the decision on whether to cooperate with ICE up to the discretion of its police departments.
Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.“
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Read Nolan’s complete article with more on the origins of Iowa SF 481 and the Texas litigation over at The Hill at the link.
I think Nolan is “right on” here. It appears that at present there is no need for this legislation.
“For most of the past six decades, the Republican Party could count on Charlie Heimach. The retired Air Force colonel donated money to President Richard Nixon, backed Ronald Reagan and both Bushes, and cast his ballot last year for Donald Trump.
But in the recent Virginia governor’s race, Heimach voted for the Democrat, because of the Trump administration’s crackdown on illegal immigration, and its attempts to deport a ballroom dancing instructor from the studio where Heimach, 79, likes to Lindy Hop.
Since May, Heimach and a disparate crew of lawyers, military veterans, a dog walker, an entomologist and others united in their love for dancing have been on a crusade to protect the instructor they call “G,” an undocumented immigrant from Mongolia who was arrested twice in 2016 for drunken driving.
To some, their efforts are misguided — even dangerous.
But the ballroom dancers say Galtsog Gantulga is a gifted instructor who senses when his students need to talk or want to dance but are too shy to take the initiative. He hurt no one in the two drunken driving incidents, they point out, and has served time behind bars. He also sold his car and joined Alcoholics Anonymous.
In the America these dancers know, such a person deserves another chance, a view not always held in the U.S. immigration system.
For the moment, thanks to their persistence, Gantulga has a reprieve.
“He built his life over here,” said Mealy Chhim, a retired software engineer who was part of the effort. “He just messed up.”
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Read Maria’s complete article at the link.
This is why guys like Trump, Gonzo, and Homan invariably strive to “dehumanize” immigrants in pushing their harsh deportation agenda.
“Anti-immigrant voices’ smokescreen that they were only opposed to illegal immigration has been shredded. They now revel in their calls for immigration exclusionism. If allowed to persist, it will distort and damage our economy and impede entrepreneurship. It has already encouraged a wholly-misguided approach to crime fighting.
Attorney General Jeff Sessions and Trump have concocted a theory that we are awash in crime because of illegal immigrants, especially those living in “sanctuary cities.” That is patently false, and Sessions’ efforts to punish cities that refuse to do the feds bidding in detaining and helping to deport illegal immigrant have been swatted down in court. However, the barrage of litigation over sanctuary cities and obsession with the issue has led us to ignore both the successes and failures in crime fighting — and the causes of each.
. . . .
So when Los Angeles mayors and police chiefs tell the Justice Department that making police into immigration agents will impair their community policing success and divert valuable resources, maybe we should listen to them. Conservatives used to understand that in federalism we have the “laboratories of democracy,” namely the opportunities to find through experimentation what works and what doesn’t. Rather than riding roughshod of localities, Sessions should highlight the successes of local police departments, urge others to follow suit and increase funding — rather than threaten to yank it for spurious reasons — for those localities that need it the most. Alas, his ideological fixation with demonizing illegal immigrants seems to preclude such a fact-based approach.“
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Read JRube’s compleat article at the link.
As she indicates, Gonzo is undoubtedly the most “fact and law free” Attorney General in our lifetime. Almost every one of his amazingly horrible and destructive decisions is driven by deeply ingrained ideological bias. Senator Liz Warren and the others who spoke up at the confirmation hearings were right. But, the GOP Senate tuned them out. Remember that the next time you go to the polls!
“Pope Francis strongly defended immigrants at his Christmas Eve Mass on Sunday, comparing them to Mary and Joseph finding no place to stay in Bethlehem and saying faith demands that foreigners be welcomed.
Francis, celebrating his fifth Christmas as leader of the world’s 1.2 billion Roman Catholics, led a solemn Mass for about 10,000 people in St. Peter’s Basilica while many others followed the service from the square outside.
Security was stepped up, with participants checked as they approached St. Peter’s Square even before going through metal detectors to enter the basilica. The square had been cleared out hours earlier so security procedures could be put in place.
The Gospel reading at the Mass in Christendom’s largest church recounted the Biblical story of how Mary and Jesus had to travel from Nazareth to Bethlehem to be registered for a census ordered by Roman Emperor Caesar Augustus.
“So many other footsteps are hidden in the footsteps of Joseph and Mary. We see the tracks of entire families forced to set out in our own day. We see the tracks of millions of persons who do not choose to go away, but driven from their land, leave behind their dear ones,” Francis said.
Even the shepherds who the Bible says were the first to see the child Jesus were “forced to live on the edges of society” and considered dirty, smelly foreigners, he said. “Everything about them generated mistrust. They were men and women to be kept at a distance, to be feared.”
“NEW SOCIAL IMAGINATION”
Wearing white vestments in the flower-bedecked church, Francis called for a “new social imagination … in which none have to feel that there is no room for them on this earth.”
The 81-year-old pope, who was born of Italian immigrant stock in Argentina, has made defense of migrants a major plank of his papacy, often putting him at odds with politicians.
Austria’s new chancellor, Sebastian Kurz, has aligned himself with central European neighbors like Hungary and the Czech Republic in opposing German-backed proposals to distribute asylum seekers around EU member states.
In elections in Germany in September, the far-right and anti-immigrant Alternative for Germany (AfD) party made significant gains, with electors punishing Chancellor Angela Merkel for her open-door policy and pushing migration policy to the top of the agenda in talks to form a coalition government.
Italy’s anti-immigrant Northern League, whose leader Matteo Salvini often gives fiery speeches against migrants, is expected to make gains in national elections next year. A law that would give citizenship to children born in Italy to migrant parents is stalled in parliament.
In his homily, Francis said, “Our document of citizenship” comes from God, making respect of migrants an integral part of Christianity.
“This is the joy that we tonight are called to share, to celebrate and to proclaim. The joy with which God, in his infinite mercy, has embraced us pagans, sinners and foreigners, and demands that we do the same,” Francis said.
Francis also condemned human traffickers who make money off desperate migrants as the “Herods of today” with blood on their hands, a reference to the Biblical story of the king who ordered the killing of all newborn male children near Bethlehem because he feared Jesus would one day displace him.
More than 14,000 people have died trying to make the perilous crossing of the Mediterranean to Europe in the past four years.
On Christmas Day, Francis will deliver his twice-yearly “Urbi et Orbi” (To the City and to the World) blessing and message from the central balcony of St. Peter’s Basilica.
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Compare the Pope’s very clear statement of true Christian values with the fear-mongering, false narratives, and xenophobic rantings and actions of the so-called “Christians” in the Trump Administration.
“FAMILIES AND unaccompanied children detained at the Mexican border are often fleeing horrific conditions in Central American countries, especially El Salvador, Guatemala and Honduras, where violent gangs, drug trafficking and rampant criminality contribute to some of the world’s highest murder rates. Now the Trump administration, alarmed at the recent surge in border crossers, is considering a new strategy to deter them. The message: “You think your native country is cruel? America is even crueller.”
That’s the logic behind a proposal under consideration by Homeland Security Secretary Kirstjen Nielsen that would try to discourage migrant families from crossing the border by threatening to separate parents from their children when they are taken into custody in the United States.
Until now, that approach has been beyond the pale for U.S. officials, who rejected it as inhumane and coldhearted in the extreme, given the trauma it would inflict on children, who by definition are innocent.
If Ms. Nielsen gives the green light to break up migrant families, many of whom have plausible asylum claims, she would be responsible for a policy whose heartlessness would rival that of Executive Order 9066, which authorized the forcible internment of some 110,000 U.S. citizens and noncitizens of Japanese descent during World War II. Four decades after that act of mass inhumanity, President Ronald Reagan signed legislation formally apologizing for it.
Arrests by the Border Patrol plummeted after Mr. Trump took office nearly a year ago, reflecting a decline in illegal border crossing driven at least partly by the president’s aggressive anti-immigrant rhetoric. Despite that, detentions began climbing again in the spring — mainly of families and solo children. And in November, more than 7,000 “family units” were taken into custody at the border, a 45 percent surge compared with October; in the same month, the number of unaccompanied minors crossing the border shot up by a quarter.
U.S. officials are correct that those families take tremendous risks, often at the hands of coldblooded smugglers who guide them north to the border. They are also justified in wanting to discourage migrants from undertaking the journey, in which ransom, rape and other forms of abuse are rampant.
The right way to do that is not to double down on the cruelty with which those families already contend by tearing children from their parents’ arms. What’s more, it is unlikely to work in the case of families and children who flee their native countries in fear for their lives.
Heedless of horrendous conditions in Central America, the Trump administration cynically believes border-crossing families are trying to game America’s system, with its years-long backlog in immigration courts and legal protections that allow many people to live and work freely while they await adjudication of their cases. In fact, many have legitimate asylum claims based on the threats they face in their home countries, and all are entitled to due process.
The idea of wrenching children from their families was first entertained in March by then-Homeland Security Secretary John F. Kelly, now the White House chief of staff, who said the minors would be “well cared for as we deal with their parents.” Has a U.S. official ever issued a more chilling “assurance”?”
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On the eve of the day when the world’s Christians celebrate the birth of Jesus Christ, I find it ironic that we have a President who uses “Merry Christmas” as an “in your face” insult to followers of other religions and atheists, yet with every day in office moves us further and further as a nation away from the humane, compassionate values and teachings of Jesus.
Indeed, were Christ to return to earth today, he would most certainly be found among the vulnerable and downtrodden known as “undocumented migrants” or among those assisting them. He would never walk among the Pharisees such as Trump, Sessions, and Pence. The undocumented are truly the “children of God;” Trump and his followers, not so much.
COMPLAINT AGAINST CHIEF IMMIGRATION JUDGE FOR ORDERING JUDGES TO IGNORE FEDERAL LAWS PROTECTING CHILDREN
by Bryan Johnson on December 22, 2017
The following complaint was filed today against Chief Immigration Judge, MaryBeth Keller for ordering immigration judges to disregard special legal protections for unaccompanied children as mandated by 8 USC 1232(e):
Gotta believe that this one will get a quick coat of whitewash from EOIR, particularly since Chief Judge Keller’s “rise through the ranks” of the HQ bureaucracy was fueled, in part, by her role as the Assistant Chief Judge in charge of Judicial Conduct.
I always liked Chief Judge Keller, who once worked for me at the BIA. She’s a fundamentally decent person working for a bad guy (Jeff Sessions) and just trying to hang onto her job and limit the damage as best she can until she’s eligible to retire. I doubt that the “offending (and offensive) memo” was her idea. She was undoubtedly ordered to write it by Acting Director McHenry and his “handlers” at the DOJ. And, it certainly echoes Sessions’s clear bias against all immigrants, particularly young people of color. Remember the completely uncalled for “smear job” he did on “Dreamers” while gleefully announcing their planned demise as if it were some great achievement, rather than something of which we all should be ashamed?
Dreamers make our country better; Gonzo Apocalyto, not so much.
But so many foreigners had flooded into the country since January, he vented to his national security team, that it was making a mockery of his pledge. Friends were calling to say he looked like a fool, Mr. Trump said.
According to six officials who attended or were briefed about the meeting, Mr. Trump then began reading aloud from the document, which his domestic policy adviser, Stephen Miller, had given him just before the meeting. The document listed how many immigrants had received visas to enter the United States in 2017.
More than 2,500 were from Afghanistan, a terrorist haven, the president complained.
Haiti had sent 15,000 people. They “all have AIDS,” he grumbled, according to one person who attended the meeting and another person who was briefed about it by a different person who was there.
Forty thousand had come from Nigeria, Mr. Trump added. Once they had seen the United States, they would never “go back to their huts” in Africa, recalled the two officials, who asked for anonymity to discuss a sensitive conversation in the Oval Office.
As the meeting continued, John F. Kelly, then the secretary of homeland security, and Rex W. Tillerson, the secretary of state, tried to interject, explaining that many were short-term travelers making one-time visits. But as the president continued, Mr. Kelly and Mr. Miller turned their ire on Mr. Tillerson, blaming him for the influx of foreigners and prompting the secretary of state to throw up his arms in frustration. If he was so bad at his job, maybe he should stop issuing visas altogether, Mr. Tillerson fired back.
Tempers flared and Mr. Kelly asked that the room be cleared of staff members. But even after the door to the Oval Office was closed, aides could still hear the president berating his most senior advisers.
Sarah Huckabee Sanders, the White House press secretary, denied on Saturday morning that Mr. Trump had made derogatory statements about immigrants during the meeting.
“General Kelly, General McMaster, Secretary Tillerson, Secretary Nielsen and all other senior staff actually in the meeting deny these outrageous claims,” she said, referring to the current White House chief of staff, the national security adviser and the secretaries of state and homeland security. “It’s both sad and telling The New York Times would print the lies of their anonymous ‘sources’ anyway.”
While the White House did not deny the overall description of the meeting, officials strenuously insisted that Mr. Trump never used the words “AIDS” or “huts” to describe people from any country. Several participants in the meeting told Times reporters that they did not recall the president using those words and did not think he had, but the two officials who described the comments found them so noteworthy that they related them to others at the time.
The meeting in June reflects Mr. Trump’s visceral approach to an issue that defined his campaign and has indelibly shaped the first year of his presidency.
How We Reported This Story
The Times conducted over three dozen interviews with current and former administration officials, lawmakers and others close to the process.
Seizing on immigration as the cause of countless social and economic problems, Mr. Trump entered office with an agenda of symbolic but incompletely thought-out goals, the product not of rigorous policy debate but of emotionally charged personal interactions and an instinct for tapping into the nativist views of white working-class Americans.
Like many of his initiatives, his effort to change American immigration policy has been executed through a disorderly and dysfunctional process that sought from the start to defy the bureaucracy charged with enforcing it, according to interviews with three dozen current and former administration officials, lawmakers and others close to the process, many of whom spoke on the condition of anonymity to detail private interactions.
But while Mr. Trump has been repeatedly frustrated by the limits of his power, his efforts to remake decades of immigration policy have gained increasing momentum as the White House became more disciplined and adept at either ignoring or undercutting the entrenched opposition of many parts of the government. The resulting changes have had far-reaching consequences, not only for the immigrants who have sought to make a new home in this country, but also for the United States’ image in the world.
“We have taken a giant steamliner barreling full speed,” Mr. Miller said in a recent interview. “Slowed it, stopped it, begun to turn it around and started sailing in the other direction.”
It is an assessment shared ruefully by Mr. Trump’s harshest critics, who see a darker view of the past year. Frank Sharry, the executive director of America’s Voice, a pro-immigration group, argues that the president’s immigration agenda is motivated by racism.
“He’s basically saying, ‘You people of color coming to America seeking the American dream are a threat to the white people,’” said Mr. Sharry, an outspoken critic of the president. “He’s come into office with an aggressive strategy of trying to reverse the demographic changes underway in America.”
. . . .
Even as the administration was engaged in a court battle over the travel ban, it began to turn its attention to another way of tightening the border — by limiting the number of refugees admitted each year to the United States. And if there was one “deep state” stronghold of Obama holdovers that Mr. Trump and his allies suspected of undermining them on immigration, it was the State Department, which administers the refugee program.
At the department’s Bureau of Population, Refugees and Migration, there was a sense of foreboding about a president who had once warned that any refugee might be a “Trojan horse” or part of a “terrorist army.”
Mr. Trump had already used the travel ban to cut the number of allowable refugees admitted to the United States in 2017 to 50,000, a fraction of the 110,000 set by Mr. Obama. Now, Mr. Trump would have to decide the level for 2018.
At an April meeting with top officials from the bureau in the West Wing’s Roosevelt Room, Mr. Miller cited statistics from the restrictionist Center for Immigration Studies that indicated that resettling refugees in the United States was far costlier than helping them in their own region.
Mr. Miller was visibly displeased, according to people present, when State Department officials pushed back, citing another study that found refugees to be a net benefit to the economy. He called the contention absurd and said it was exactly the wrong kind of thinking.
But the travel ban had been a lesson for Mr. Trump and his aides on the dangers of dictating a major policy change without involving the people who enforce it. This time, instead of shutting out those officials, they worked to tightly control the process.
In previous years, State Department officials had recommended a refugee level to the president. Now, Mr. Miller told officials the number would be determined by the Department of Homeland Security under a new policy that treated the issue as a security matter, not a diplomatic one.
When he got word that the Office of Refugee Resettlement had drafted a 55-page report showing that refugees were a net positive to the economy, Mr. Miller swiftly intervened, requesting a meeting to discuss it. The study never made it to the White House; it was shelved in favor of a three-page list of all the federal assistance programs that refugees used.
At the United Nations General Assembly in September, Mr. Trump cited the Center for Immigration Studies report, arguing that it was more cost-effective to keep refugees out than to bring them into the United States.
“Uncontrolled migration,” Mr. Trump declared, “is deeply unfair to both the sending and receiving countries.”
. . . .
As the new year approached, officials began considering a plan to separate parents from their children when families are caught entering the country illegally, a move that immigrant groups called draconian.
At times, though, Mr. Trump has shown an openness to a different approach. In private discussions, he returns periodically to the idea of a “comprehensive immigration” compromise, though aides have warned him against using the phrase because it is seen by his core supporters as code for amnesty. During a fall dinner with Democratic leaders, Mr. Trump explored the possibility of a bargain to legalize Dreamers in exchange for border security.
Mr. Trump even told Republicans recently that he wanted to think bigger, envisioning a deal early next year that would include a wall, protection for Dreamers, work permits for their parents, a shift to merit-based immigration with tougher work site enforcement, and ultimately, legal status for some undocumented immigrants.
The idea would prevent Dreamers from sponsoring the parents who brought them illegally for citizenship, limiting what Mr. Trump refers to as “chain migration.”
“He wants to make a deal,” said Mr. Graham, who spoke with Mr. Trump about the issue last week. “He wants to fix the entire system.”
Yet publicly, Mr. Trump has only employed the absolutist language that defined his campaign and has dominated his presidency.
After an Uzbek immigrant was arrested on suspicion of plowing a truck into a bicycle path in Lower Manhattan in October, killing eight people, the president seized on the episode.
Privately, in the Oval Office, the president expressed disbelief about the visa program that had admitted the suspect, confiding to a group of visiting senators that it was yet another piece of evidence that the United States’ immigration policies were “a joke.”
Even after a year of progress toward a country sealed off from foreign threats, the president still viewed the immigration system as plagued by complacency.
“We’re so politically correct,” he complained to reporters in the cabinet room, “that we’re afraid to do anything.”
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Read the full, much more comprehensive and detailed, article at the link.
Disturbing for sure, but unfortunately not particularly surprising for those of us who have watched the Administration roll out its toxic, ill-informed immigration policies. Perhaps ironically, while the immigration issue has certainly allowed Trump to capture and control the GOP, polls show that his extreme restrictionist, xenophobic views on immigration are generally out of line with the majority of Americans (although not necessarily the majority of GOP voters).
“Earlier this month, the DHS Office of Inspector General (IG) released a report on “Concerns about ICE Detainee Treatment and Care at Detention Facilities.” According to the ACLU, the way to address the violationsdescribed in this “damning new report” is to “release people from immigration detention and prohibit ICE from using dangerous and inhumane jails.”
The IG found problems at four of the five detention centers it inspected, but it is a stretch to call the report “damning” or to claim that ICE is “using dangerous and inhumane jails.” Many of the problems were relatively minor, and, apparently, all of them are going to be corrected.
The immigration court backlog is so long that, as of October 2017, the average wait for a hearing was 691 days, and Trump’s backlog reduction plan isn’t going to bring it under control.
ICE cannot release detainees because wait-times are too long. Many of them will not return for their hearings. During FY2015, 23.4 percent of the aliens who were released from custody did not return for their hearings, and releases were limited to cases in which there was reason to expect the aliens to return.
Which alternative do you expect the Republicans to choose?”
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Go on over to The Hill to read Nolan’s complete article.
Why Expedited Removal Isn’t the Answer (Leaving Aside The Substantial Legal and Moral Issues Involved):
Under Trump, DHS has already “maxed out” the use of expedited removal at the border.
While Trump’s Executive Order called for an expansion of expedited removal to individuals who have been in the country for less than two years, that requires a regulatory change which, curiously, the DH’s has failed to accomplish in the nearly one year since the Executive Order.
Even with expedited removal expanded to two years, the vast majority of individuals comprising the “court backlog” have been there at least that long and therefore wouldn’t be candidates for expedited removal.
Of those limited number who have been in the U.S. for less than two years, many have already passed “credible fear” or “reasonable fear” and are, therefore, entitled to Individual hearings.
Some of those removed from the docket for expedited removal could still pass the “credible fear” or “reasonable fear” process before the Asylum Office and have their cases restored to the Immigraton Court docket (with an entirely new proceedings that would have to “start from scratch”).
Under BIA rulings, once proceedings have commenced before the Immigration Court, the DHS can’t unilaterally remove them from the court’s docket for expedited removal. It requires a DHS motion to terminate, a chance for the respondent to be heard in opposition, and a decision by the Immigration Judge. Given the administrative mess at both EOIR and DHS Chief Counsel, filing and responding to those motions can be an administrative problem. Moreover, although almost all motions to terminate for expedited removal ultimately are granted by the Immigraton Judges, the termination is a “final order” subject to appeal to the BIA.
Individuals placed in expedited removal whose “credible fear’ or “reasonable fear” claims are rejected, have a right to expedited review before an Immigraton Judge. Such reviews generally take precedence over other types of cases, but do not produce “final orders” from the Immigraton Judge. At some level, ratcheting up the expedited removal process actually inhibits the processing of previously scheduled cases before the Immigration Court.
What Does Work:
Alternatives to Detention (“ADT) such as ankle bracelet monitoring. See, e.g., http://lirs.org/wp-content/uploads/2017/06/The-Real-Alternatives-to-Detention-FINAL-06.27.17.pdf
This strongly suggests that immigration hearings conducted for unrepresented individuals are inherently unfair and a denial of due process, something that should be (but isn’t) the number one concern of the DOJ and EOIR.
My own experience at the Arlington Immigration court was that individuals 1) represented by counsel , and 2) with applications for relief filed showed up for their hearings nearly 100% of the time. Indeed, beyond criminal record and family ties, those were the two most significant factors for me in setting immigration bonds.
An Administration truly interested in improving the performance of the Immigration Courts, achieving due process, and lessening the need for immigration detention would be working closely with NGOs, bar associations, states and localities, and ADT providers to develop cooperative ways of maximizing representation in Immigraton Court, But, this Administration is far more interested in advancing a xenophobic, White Nationalist agenda than it is in fairness, due process, or solving problems.
“A Dec. 20 memo, issued by the Executive Office for Immigration Review (EOIR) replaces 2007 guidelines, spelling out policies and procedures judges should follow in dealing with children who crossed the border illegally alone and face possible deportation.
The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances.
An EOIR official said the new memo contained “clarifications and updates” to 10-year-old guidance “in order to be consistent with the laws as they’ve been passed by Congress.” The new memo was posted on the Justice Department website but has not been previously reported.
Immigration advocates said they worry the new guidelines could make court appearances for children more difficult, and a spokeswoman for the union representing immigration judges said judges are concerned about the tone of the memo.
President Donald Trump has made tougher immigration enforcement a key policy goal of his administration, and has focused particularly on trying to curb the illegal entry of children. The administration says it wants to prevent vulnerable juveniles from making perilous journeys to the United States and eliminate fraud from programs for young immigrants.
One changed section of the memo focuses on how to make children comfortable in the court in advance of hearings. The old guidance says they “should be permitted to explore” courtrooms and allowed to “sit in all locations, (including, especially, the judge’s bench and the witness stand).”
The new guidance says such explorations should take place only “to the extent that resources and time permit” and specifically puts the judge’s bench off limits.
The new memo also warns judges to be skeptical, since an unaccompanied minor “generally receives more favorable treatment under the law than other categories of illegal aliens,” which creates “an incentive to misrepresent accompaniment status or age in order to attempt to qualify for the benefits.” It also says to be on the lookout for “fraud and abuse,” language that was not in the previous memo.
‘WOLVES IN SHEEP CLOTHING’
Immigration judges are appointed by the U.S. Attorney General and courts are part of the Department of Justice, not an independent branch. The only sitting immigration judges routinely allowed to speak to the media are representatives of their union, the National Association of Immigration Judges.
Dana Marks, a sitting judge and spokeswoman for the union, said the “overall tone” of the memo “is very distressing and concerning to immigration judges.”
“There is a feeling that the immigration courts are just being demoted into immigration enforcement offices, rather than neutral arbiters,” Marks said. “There has been a relentless beating of the drum toward enforcement rather than due process.”
Former immigration judge Andrew Arthur, who now works at the Center for Immigration Studies, which promotes lower levels of immigration overall, said the new guidelines were needed.
In their previous form, he said, “so much emphasis was placed on the potential inability of the alien to understand the proceedings … that it almost put the judge into the position of being an advocate.”
The courts have had to handle a surge in cases for unaccompanied minors, mostly from Central America, after their numbers sky-rocketed in 2014 as violence in the region caused residents to flee north.
While illegal crossings initially fell after Trump took office, U.S. Customs and Border Protection said that since May, each month has seen an increase in children being apprehended either alone or with family members.
Attorney General Jeff Sessions said in a speech in Boston in September that the special accommodations for unaccompanied minors had been exploited by “gang members who come to this country as wolves in sheep clothing.”
Echoing some of these concerns, the new memo notes in a preamble that not all child cases involve innocents, and that the courts might see “an adolescent gang member” or “a teenager convicted as an adult for serious criminal activity.”
Jennifer Podkul, policy director of Kids in Need of Defense (KIND) said Congress included special procedural protections for immigrant children in a 2008 anti-trafficking bill to “make sure that a kid gets a fair shot in the courtroom.”
“These kids are by themselves telling a very complicated and oftentimes very traumatic story,” said Podkul. “The approach of this memo, which is much more suspicious, is not going to help get to the truth of a child’s story.”
In cases where children are called to testify, the old guidance instructed judges to “seek to limit the amount of time the child is on the stand.” The new guidance says that judges should “consider” limiting the child’s time on the stand “without compromising due process for the opposing party,” which is generally a government prosecutor.
The memo leaves in a range of special accommodations made for children, including allowing them to bring a pillow or booster seat or a “toy, book, or other personal item.” It also maintains that cases involving unaccompanied minors should be heard on a separate docket when possible and that children should not be detained or transported with adults.
Reporting by Mica Rosenberg; Editing by Sue Horton and Mary Milliken”
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Yes, my dear friend Judge Dana Leigh Marks, Gonzo sees and treats the U.S. Immigration Courts as part of DHS Enforcement — “Just a Whistlestop on The Deportation Express.”
After 35 years of flawed DOJ stewardship and improper political meddling by all Administrations, the U.S. Immigration Courts are largely back in the same hopeless, understaffed, incompetently administered, enforcement-dominated mess that they were in 1983 when the Reagan Administration created EOIR to provide at least some actual and apparent separation between prosecutorial and judicial functions.
The only solution is an independent Article I U.S. Immigration Court. Until that happens, failure, inefficiency, ands unfairness will continue to plague the immigration Court system.
Eventually, the Article III reviewing courts are going to have to decide whether 1) to simply put the Constitution and their judicial oaths in the drawer and give the Executive a “free pass” on immigration; or 2) do their duty, stop the train, and essentially take over the administration of the immigration Courts by ordering Immigration Judges and the BIA to conform to certain basic due process requirements or face the prospect of having almost every Petition for Review returned for a “redo.” If you think the backlog is bad now, wait till that happens.
At this point, I hope for #2, but see #1 as a distinct possibility, particularly as Trump continues to co-opt the Article III judiciary with judges for whom loyalty to Trump and his agenda appears a more important qualification that a reputation for scholarship, legal excellence, collegiality, impartiality, and fairness.
I also found the comments of my former colleague Judge (Retired) Andrew Arthur somewhat puzzling. If you are a judge in a courtroom actually trying to carry out your constitutional duty to provide due process and fairness; the DHS is represented by an experienced Assistant Chief Counsel; and you have an unrepresented kid who is scared to return his or her home country, who is going to be that child’s advocate if not the Immigration Judge?
Rather than bogus guidelines, the Administration should be doing the right thing and the smart thing — working with the private bar to insure that cases involving claims for asylum and other protection are docketed and scheduled in a manner that insures that each applicant will have reasonable access to pro bono or low bono counsel before filing the Form I-589 for asylum.
To take the most obvious example, Jennifer Podkul, Policy Director of Kids in Need of Defense (“KIND), and Wendy Young, Executive Director of KIND are as smart as any lawyers around. They want the Immigration Court system to succeed in a fair and efficient manner. They have spent more time thinking about the problems of kids in Immigraton Court and how to solve them than any individual or group of individuals now in the US. Government.
So, instead of “trashing” immigration lawyers, why don’t Sessions and his subordinates at DOJ sit down with Young, Podkul, and some of their other high-powered NGO colleagues, and Judge Marks and the NAIJ and work out a solutionfor getting kids through the Immigraton Court system in a fair manner consistent with Due Process? Why is Sessions so afraid to venture outside of his little “restrictionist world” in trying to solve problems?
But, unfortunately, this Administration is much more interested in forcing failure on the system and then pointing fingers at the victims, that is, the migrants seeking justice, than it is in achieving the real reformsnecessary to get our U.S. Immigration Courts operating in a fair, impartial, and efficient manner, consistent with the law and Constitutional Due Process.
“Trump fully embraces far right immigration playbook
By: Tal Kopan, CNN
President Donald Trump and his administration have been sending a message in recent weeks: Trump’s campaign rhetoric on immigration was not just talk. In fact, it was just the beginning.
Trump has never shied from his attacks on illegal immigration, which, alongside a US-Mexico border wall, was a core component of his campaign.
But doubts existed about his commitment level, as some of the more aggressive proposals considered by the administration languished in bureaucratic morass and as he said strongly favorable things about recipients of the Deferred Action for Childhood Arrivals program in September as he opted to end it.
RELATED: DACA negotiations reach critical week
Of late, however, Trump and the administration have upped their rhetoric on immigration.
Trump has railed in several instances against “chain migration” and lotteries for green cards. His administration is moving to alter a program for the spouses of high-skilled visa holders. And the White House and Congress remain far apart on how to address DACA.
In mid-September, Trump wrote, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?”
But since then, he has insisted on controversial immigration reduction proposals that would have a hard time passing even among some Republicans, including drastically cutting the overall number of green cards given out annually and transforming the way they are given out, placing a heavy emphasis on only highly skilled, English-speaking immigrants and not low-skilled individuals.
Groups that have long advocated for reducing overall immigration are energized.
“We’re excited about how the administration has held firmly to these issues,” said Dan Stein, president of the Federation for American Immigration Reform. “We’ve put almost $1 million into ads. … This is the moment we’ve been waiting for four decades.”
Stein was especially pleased with Trump’s recent insistence that any deal to save DACA, which protected young undocumented immigrants brought to the US as children, include cuts to family-based immigration, or “chain migration,” and the diversity visa program, which allows up to 50,000 individuals from countries with low levels of immigration to the US to come on visas distributed by lottery.
Chain migration focus
The administration also was quick to point out that two recent terrorist attacks in New York City were committed by individuals with connections to family-based migration and the diversity lottery.
“You think the countries’ giving us their best people?” Trump said Friday in a speech to law enforcement personnel. “No. What kind of system is that? They come in by lottery. They give us their worst people, put them in a bin, but in his hand when he is picking them is really the worst of the worst.”
The theme of the dangers of immigrants — despite no research showing them to be more prone to crime than the native-born population — has been particularly hammered by longtime immigration hardliner Attorney General Jeff Sessions.
“If we accept lawlessness, then we encourage lawlessness. When people break our laws without consequences, we shouldn’t be surprised when they continue breaking our laws,” Sessions said in a speech last week. “We should give priority to those who are likely to thrive here — such as those who speak English or are highly skilled — not someone chosen at random or who happens to be somebody’s relative.”
In reality, individuals in those countries are selected randomly but still must meet the security and eligibility requirements placed on all immigrants to actually get their visas. Diversity recipients specifically must also have at least a high school education or equivalent and job experience. The process includes an in-person interview, and anyone that is found to be a security threat would be inadmissible to the US.
While the diversity lottery only affects about 50,000 of roughly 1 million green cards given out to the US annually, Trump has supported legislation from two GOP senators that would drastically reduce family visa categories, cutting yearly numbers in half.
The administration has also made its own efforts to reduce immigration levels without Congress, including setting a historically low number of refugee admissions for next year, instituting the travel ban and submitting would-be visitors and immigrants to “extreme vetting.”
Late last week, the Department of Homeland Security revealed it intends to do away with work permits for spouses of high-skilled visa holders who are waiting in a years-long green card backlog. The announcement also said the agency intends to set a higher bar for the high-skilled visa itself.
New Homeland Security Secretary Kirstjen Nielsen spent last week establishing her hardline immigration bona fides, touting security at the border and attacking sanctuary cities and immigrant-related crime. Her tour came after weeks of broadsides from Trump-aligned sources like Breitbart, which had pejoratively nicknamed her “Lady DACA.”
Leon Fresco, an immigration attorney and Obama administration alum, said that while there may be some fraud in the immigration system, the Trump agenda goes beyond reasonably trying to resolve it.
“They’re not just fixing the system, they are signaling a belief that regardless of their skills and talent, people from foreign countries are not welcome,” Fresco said. “Many of these reforms that are being implemented are simply out of the wishlist of the anti-immigrant groups and are not serving a legitimate purpose of reforming the immigration system. … The goal is to reduce the total number of foreigners.”
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Right on, Leon!
DHS can use more lawyers, better technology, and some new equipment. The Dems certainly could offer up that.
The U.S. Immigration Court could use more resources. But, with “Gonzo” in charge, it’s probably a case of “throwing good money after bad.”
“The Wall” is overkill and has some bad symbology. But, in human rights terms, it’s not as overtly harmful as the other stuff on the restrictionist’s list.
The rest of the “restrictionist wish list” is pretty toxic. Don’t see how the Dems can vote for a bill that contains any of it.
For any of you who thought Tal was “easing up” on her amazing pace, here are her interesting reports on Puerto Rico:
They will come to power with a campaign based on fear, scaremongering and distorting the truth. Nevertheless, their victory will be achieved through a democratic electoral process. But beware, as this will be their argument every time you question the legitimacy of their actions. They will claim a mandate from the People to change the system.
Remember – gaining power through a democratic system does not give them permission to cross legal boundaries and undermine said democracy.
They will divide and rule. Their strength lies in unity, in one voice and one ideology, and so should yours. They will call their supporters Patriots, the only “true Americans”. You will be labelled as traitors, enemies of the state, unpatriotic, the corrupt elite, the old regime trying to regain power. Their supporters will be the “People”, the “sovereign” who chose their leaders.
Don’t let them divide you – remember you’re one People, one Nation, with one common good.
Through convoluted laws and threats they will try to control mainstream media and limit press freedom. They will ban critical press from their briefings, calling them “liars”, “fake news”. They will brand those media as “unpatriotic”, acting against the People (see point 2).
Fight for every media outlet, every journalist that is being banned, censored, sacked or labelled an “enemy of the state” – there’s no hope for freedom where there is no free press.
They will create chaos, maintain a constant sense of conflict and danger. It will be their argument to enact new authoritarian laws, each one further limiting your freedoms and civil liberties. They will disguise them as being for your protection, for the good of the People.
See through the chaos, the fake danger, expose it before you wake up in a totalitarian, fascist state.
They will distort the truth, deny facts and blatantly lie. They will try to make you forget what facts are, sedate your need to find the truth. They will feed “post-truths” and “alternative facts”, replace knowledge and logic with emotions and fiction.
Always think critically, fact-check and point out the truth, fight ignorance with facts.
They will incite and then leak fake, superficial “scandals”. They will smear opposition with trivial accusations, blowing them out of proportion and then feeding the flame. This is just smokescreen for the legal steps they will be taking towards totalitarianism.
See through superficial topics in mainstream media (see point 3) and focus on what they are actually doing.
They will propose shocking laws to provoke your outrage. You will focus your efforts on fighting them, so they will seemingly back off, giving you a false sense of victory. In the meantime they will push through less “flashy” legislation, slowly dismantling democracy (see points 4 and 6).
Focus your fight on what really matters.
When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.
Women and minorities should fight the hardest, reminding the majority what true democracy is about.
They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).
Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.
They will try to limit freedom of assembly, calling it a necessity for your security. They will enact laws prioritizing state events and rallies, or those of a certain type or ideology. If they can choose who can demonstrate legally, they have a legal basis to forcefully disperse or prosecute the rest.
Oppose any legislation attempting to interfere with freedom of assembly, for whatever reason.
They will distort the language, coin new terms and labels, repeat shocking phrases until you accept them as normal and subconsciously associate them with whom they like. A “thief”, “liar” or “traitor” will automatically mean the opposition, while a “patriot” or a “true American” will mean their follower (see point 2). Their slogans will have double meaning, giving strength to their supporters and instilling angst in their opponents.
Fight changes in language in the public sphere, remind and preserve the true meaning of words.
They will take over your national symbols, associate them with their regime, remake them into attributes of their power. They want you to forget that your flag, your anthem and your symbols belong to you, the People, to everyone equally. Don’t let them be hijacked. Use and expose them in your fight as much as they do.
Show your national symbols with pride, let them give you strength, not associate you with the tyranny they brought onto your country.
They will try to rewrite history to suit their needs and use the education system to support their agenda. They will smear any historical or living figure who wouldn’t approve of their actions, or distort their image to make you think they would. They will place emphasis on historical education in schools, feeding young minds with the “only correct” version of history and philosophy. They will raise a new generation of voters on their ideology, backing it with a distorted interpretation of history and view of the world.
Guard the education of your children, teach them critical thinking, ensure their open-mindedness and protect your real history and heritage.
They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.
Don’t let them build walls promising you security instead of bridges giving you prosperity.
They will eventually manipulate the electoral system. They might say it’s to correct flaws, to make it more fair, more similar to the rest of the world, or just to make it better. Don’t believe it. They wouldn’t be messing with it at all if it wasn’t to benefit them in some way.
Oppose any changes to electoral law that an authoritarian regime wants to enact – rest assured it’s only to help them remain in power longer.
And above all, be strong, fight, endure, and remember you’re on the good side of history.
EVERY authoritarian, totalitarian and fascist regime in history eventually failed, thanks to the PEOPLE.
– With love, your Eastern European friends
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Martin Mycielski is a journalist, serving as Brussels correspondent for leading Polish daily Gazeta Wyborcza. Before that he was one of the leaders of the Committee for the Defence of Democracy (KOD) NGO and protest movement, which has organized the largest mass demonstrations in Poland since the fall of communism, opposing the authoritarian and unlawful actions of the Law and Justice (PiS) government and its leader, Jarosław Kaczyński (read more here and here, or just Google). In 2016 KOD’s efforts to defend democracy, fundamental freedoms and the rule of law were recognized by the European Parliament which awarded it the European Citizen’s Prize.
Since childhood Martin has been enamoured with the US, it’s culture, politics and people. Tragically, January events have put the worlds greatest democracy at risk, as they have clearly undermined the fundamental values the States were build upon, such as freedom, democracy, equality & diversity. As these values form the idea of America Martin has been raised on, he has decided to step in and help to defend them the only way he knows how – by sharing with you his experiences from a continent being currently torn apart by populists, authoritarians and tinpot dictators.
His message to President Donald J. Trump is therefore a paraphrased fragment from W. B. Yeats:
But I, being poor, have only my dreams; I have spread my dreams under your feet; Tread softly because you tread on my dreams; And if you don’t, we the People will push you off them.
Scary, but important points to remember if we want “liberal Western democracy” to survive the Trump era.
Points 8, 9, an 14 have particular relevance to what is happening in our legal and immigration systems now. thus, I reiterate them in full here:
Point 8
When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.
Women and minorities should fight the hardest, reminding the majority what true democracy is about.
Point 9
They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).
Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.
Point 14
They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.
Don’t let them build walls promising you security instead of bridges giving you prosperity.
“The Trump administration is considering measures to halt a surge of Central American families and unaccompanied minors coming across the Mexican border, including a proposal to separate parents from their children, according to officials with knowledge of the plans.
These measures, described on the condition of anonymity because they have not been publicly disclosed, would also crack down on migrants living in the United States illegally who send for their children. That aspect of the effort would use data collected by the Department of Health and Human Services (HHS) to target parents for deportation after they attempt to regain custody of their children from government shelters.
The Department of Homeland Security (DHS) has previously considered some of these proposals, but there is renewed urgency within the administration to address an abrupt reversal of what had been a sharp decline in illegal immigration since Trump took office in January.
In November, U.S. agents took into custody 7,018 families, or “family units,” along the border with Mexico, a 45 percent increase over the previous month, the latest DHS statistics show. The number of “unaccompanied alien children,” or UAC, was up 26 percent.
Children’s shelters operated by HHS are at maximum capacity or “dangerously close to it,” an official from the agency said. Overall, the number of migrants detained last month along the Mexico border, 39,006, was the highest monthly total since Trump became president, according to DHS figures.
5:01
In a small city in Upstate New York, ICE arrests drive migrants into hiding
(Zoeann Murphy/The Washington Post)
The proposals, which have been presented for approval to new DHS Secretary Kirstjen Nielsen, were developed by career officials at Immigration and Customs Enforcement (ICE) and other DHS agencies, administration officials said.
Tyler Houlton, a DHS spokesman, confirmed the agency has “reviewed procedural, policy, regulatory and legislative changes” to deter migrants. Without giving further details, he said some of the measures “have been approved,” and DHS is working with other federal agencies “to implement them in the near future.”
“The administration is committed to using all legal tools at its disposal to secure our nation’s borders, and as a result we are continuing to review additional policy options,” Houlton said.
The most contentious proposal — to separate families in detention — would keep adults in federal custody while sending their children to HHS shelters. This was floated in March by then-Secretary of Homeland Security John F. Kelly, who is now White House chief of staff. He told CNN at the time that the children would be “well cared for as we deal with their parents.”
Kelly did not move forward with the plan, in part because of the backlash it triggered, administration officials said, and also because illegal migration had plunged to historic lows.
Trump administration officials described the measures as unpalatable but necessarily tough policy options to discourage Central American families from embarking on the long, dangerous journey to the border — or hiring smugglers to bring their children north.
2:21
In southern Texas, a rancher explains why he supports Trump but not the wall.
(Zoeann Murphy/The Washington Post)
“People aren’t going to stop coming unless there are consequences to illegal entry,” one DHS official said.
Migrants from El Salvador, Guatemala and Honduras represent the largest share of families and children taken into U.S. custody along the border, with many telling border agents that they fear for their lives if sent back to their home countries. The three nations, known as the “Northern Triangle” of Central America, are crippled by gang violence and homicide rates that are among the world’s highest.
Trump administration officials say Central American migrants and the paid smugglers who bring them to the border shamelessly exploit Americans’ compassion, entering the United States illegally and gaming the asylum process.
If a migrant’s stated fear of being sent home is considered “credible,” they enter an asylum process that may take years to adjudicate, and the flood of such petitions in recent years has worsened the backlog of more than 600,000 cases pending in U.S. immigration courts.
Asylum seekers are typically issued work permits while they wait for the process to play out, and when their rejected appeals are exhausted, they often ignore court orders to leave the United States, choosing to remain in the country illegally.
The Trump administration wants to significantly expand immigration detention capacity, and hire more judges and expedite asylum cases to stop migrants from taking advantage of “loopholes” in the asylum process.
The proposal to separate parents from their children is viewed by the agency as a more immediate tool to halt the latest border surge.
DHS has three family detention centers — two in Texas, one in Pennsylvania — with about 2,200 beds available. But legal restrictions on its ability to detain children mean that families are typically given a court date and released from detention not long after they arrive. In November, the three detention centers reached their highest occupancy levels for the year, and they remain near maximum capacity, officials said.
“The parents that would undertake this perilous journey to the United States would be less likely to do it if they knew they would be separated from their kids,” said Andrew R. Arthur, a resident fellow at the Center for Immigration Studies, which seeks to reduce immigration. A former U.S. immigration judge and Republican congressional policy staffer, he called it “a reasonable step to take.”
“It might seem heartless, but it’s more heartless to give them the illusion they’re going to be able to enter the United States freely by hiring a smuggler to come here, because the dangers associated with smuggling along the southwest border are real,” Arthur said.
The unaccompanied minors are typically seeking to reunite with a parent already living illegally in the United States. By law, migrants under age 18 who arrived without a parent must be turned over to HHS within 72 hours of being taken into DHS custody. The shelters where they are housed are designed to be more like boarding schools than grim detention centers.
The minors are placed in the care and custody of the Office of Refugee Resettlement at HHS’s Administration for Children and Families (ACF), which seeks to identify an adult sponsor who can take custody of them.
The process takes about six weeks on average, HHS officials say. “It’s a little-known fact that over half of those who enter illegally are placed with a parent already in the United States,” ACF spokesman Kenneth Wolfe said.
The parents, or any other adult seeking to take custody of a child, must submit to an extensive background check that includes information about their immigration status. But administration officials say that information is neither checked against DHS biometric data nor shared with ICE for potential enforcement purposes. The new DHS proposals under consideration would change that.
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If children are forcefully separated from their mothers and fathers, or if parents know they could be arrested or targeted for trying to reunite with their children, migrant advocates say the U.S. government will be inflicting “devastating” trauma on families fleeing Central America because they feel their lives are at risk.
“These measures will only drive families who are vulnerable to exploitation further into the hands of traffickers and smugglers,” said Greg Chen, director of government relations of the American Immigration Lawyers Association.
“These are families that have no other choice for their survival,” he said.”
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“Come on, man” clueless claim:
“The parents that would undertake this perilous journey to the United States would be less likely to do it if they knew they would be separated from their kids.”
The hard truth:
“These are families that have no other choice for their survival.”
The Non-White Nationalist reality:
We could absorb all of the “good guys” fleeing from gang violence in the Northern Triangle without any long-term adverse effects; in fact, it would likely help us prosper as a nation, and would be far more “cost-effective” than the various failing “strategies” we now employ, and have employed in the past, in a vain and counterproductive attempt to prevent the inevitable.
I wouldn’t necessarily give everyone a “Green Card” right off the bat. But, we should have a vastly expanded TPS program for the Northern Triangle, keeping open the possibility of eventually issuing everyone who wants to stay and who has demonstrated payment of taxes (something that even native born GOP rich guys, and most notably the Trumpster himself, hate to do) and no serious crimes to eventually qualify for the Green Card.
