EXPOSING THE REAL ASYLUM FRAUD: The Administration’s Knowingly False Narratives About Central American Asylum Seekers & The Way DOJ & EOIR Have Intentionally Distorted The Law & The Process To Deny Asylum To Real Refugees! — “The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.”

https://www.huffingtonpost.com/entry/opinion-migrant-caravan-trump-central-america-trauma_us_5be31bc6e4b0769d24c8353d

Stephanie Carnes writes in HuffPost:

UPDATE: On Friday, President Trump signed a presidential proclamation denying asylum for immigrants who request it after crossing the border illegally rather than at a port of entry.

In a pre-midterms television ad deemed too racist for CNN, NBC and even Fox News, the White House described members of the large group of Central American migrants making their way through Mexico as “dangerous illegal criminals.” Ominous music played in the background of the ad as images of a convicted Mexican criminal were spliced with footage of the caravan.

This description was inaccurate, not to mention illogical ― aren’t hardened criminals and narco-traffickers wily enough to avoid such an arduous and physically taxing journey, and one that has captured such public attention and scrutiny?

The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.

The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.

Trump, in his roiling pre-midterm elections hate-speech tour, painted the caravan as an “invasion,” even though it’s a common occurrence that hasn’t disrupted the peace before. Traveling in a large group is far safer than traveling alone, with a human smuggler or in a small group, and migrant advocacy groups have organized large caravans for at least a decade. But beyond the president and his party’s racist rhetoric, there’s a broad assumption that such an influx of immigrants will both threaten American values and weigh heavily on the American taxpayer.

Like previous waves of immigrants, this group of new arrivals may need help to acclimate to this complex country of ours. Some will need medical care, thanks to years of living in countries with limited medical infrastructure. Others will need counseling to heal from layers of traumatic experiences against the backdrop of horrible violence ― which, lest we forget, the United States played a significant role in creating.

But they won’t need much. If I’ve learned one thing during my tenure as a trauma-focused clinician, it is this: Central American immigrants are resilient. They are driven and strong. They persevere. Despite the staggering hardships and suffering they have endured, they are defined by their ability to “seguir adelante” ― to move forward.

It’s a phrase that I’ve heard hundreds of times ― perhaps thousands ― in my therapy office. Nearly all my young clients have voiced their desire to “seguir adelante.” The 17-year-old boy who witnessed his father’s murder, finding himself alone and in grave danger; the 15-year-old girl who was kidnapped by the Zetas cartel in Mexico and held for ransom for weeks; the 18-year-old boy who served as a lookout for the MS-13 gang in exchange for his sister’s life before fleeing his country.

“Tengo que seguir adelante,” they tell me. I must continue moving forward.

The 13-year-old indigenous child who recounted months of eating “grass soup” when tortillas became too expensive. The 16-year-old who mourns the loss of her brothers ― all three of them, murdered while crossing gang-controlled territory. The 20-year-old working through the night at a bakery, then coming to school filled with energy and endless questions about the workings of American bicameral government.

Tengo que seguir adelante.

While their experiences are varied and diverse, my clients have two things in common. They have been exposed to multiple horrifying traumatic events, and they have an indefatigable desire to heal, grow stronger and move forward.

Trauma is never a desirable experience, or a deserved one. Many Central Americans have seen, experienced and survived more suffering and loss than any human should be asked to bear. But part of the “seguir adelante” mentality is the idea of being a metaphorical phoenix. Instead of allowing repeated traumatic events to crush them, many of the Central American clients with whom I work rise again as stronger, more resilient versions of themselves. While they may suffer from trauma-related symptoms like flashbacks, many are simultaneously able to devote their energy to finding a new sense of purpose in ways that I have not observed as universally in my work with American-born clients.

This phenomenon is illustrative of the positive psychology concept of post-traumatic growth, which posits that those who are exposed to trauma discover or develop new capabilities: closer social and familial bonds, increased resilience, stronger motivation and deepened spirituality.

So if the resilience of the “adelante” mentality drives these immigrants forward in spirit, what compels them to move forward physically? Perhaps they were unable to pay last month’s “impuestos de guerra,” or war taxes, to the local gang as rent for their space in the market. Maybe they refused to join the controlling gang in their neighborhood, despite the near-certainty of death if they stayed. Instead of remaining in Guatemala City, or Santa Tecla, or Tegucigalpa, they wagered it all, picked up and left.

They leave behind their families, their friends, their rich cultures, their language, their homeland. They understand the risks of the journey. They have heard the horror stories of kidnapping, rape, extortion and abandonment in the desert. Despite all this, they have decided to “seguir adelante,” fueled by hope for a brighter, safer future, to be achieved through hard work, determination and unwavering courage. Don’t those values sound reminiscent of those upon which our patchwork nation was founded?

In the end, all the migrant caravan really wants is to move forward. And as a democratic country founded on ideals of egalitarianism, isn’t it time for us to move forward, too?

Stephanie L. Carnes is a bilingual licensed clinical social worker at a large public high school in New York’s Hudson Valley. She was previously a clinician in a federally funded shelter program. She specializes in trauma treatment with Central American immigrant students and culturally competent mental health care.

The real scandal here is that although the vast majority of arrivals pass “credible fear” screening, so few them ever receive asylum. That strongly suggests that there are real problems in the “intentionally overly restrictive unduly legalistic” approach and the often dishonest ways that “in absentia orders” are used at EOIR. A better approach would probably be to allow those who have already been determined by the Asylum Office to have a “credible fear” present their initial asylum applications to those offices, rather than being forced immediately into the Immigration Courts, particularly given the current court backlogs.

The system has become far too restrictive and legalistic. Nobody has any realistic chance of winning a case without a lawyer. But, under Trump and Sessions, EOIR has abandoned efforts to insure that individuals are given reasonable access to pro bono lawyers before their cases are heard on the merits. Indeed, Sessions conducted a remarkably unethical, inappropriate, false, and vicious campaign against lawyers — right now about the only folks actually trying to make the system work and insure that our Constitution is complied with.

Of course, not every migrant from the Northern Triangle is a refugee as our law defines that term. But, we should recognize that almost all of them are decent people with good reasons for coming, even when those reasons don’t fit within our legal system. Even when they are not entitled to protection or to remain here, they deserve to be treated humanely, fairly, respectfully, and impartially, and have a full opportunity to present their claims.

The intentional demonization and dehumanization of asylum applicants, advanced by immoral and unethical folks like Trump, Sessions, Miller, and Nielsen, has now been picked up by lower level bureaucrats, who are spreading lies, promoting knowingly false narratives, and generally “taking a dive” to preserve their jobs (or, in a few cases, to gratify their own biases which match those of the Trump Administration.)

If we don’t figure out a way to stop their assault on humanity and human decency, eventually all of us will be splattered with the slime that is the Trump Administration’s approach to immigration! History will not judge us kindly for our subservience to evil.

PWS

11-10-18

TRUMP’S BOGUS BORDER CRACKDOWN & ATTACK ON ASYLUM EXPLAINED: Professor Shoba Sivaprasad Wadhia & The Penn State Law Center For Immigrants Rights Clinic Provide “Fact Sheet”

Blocking those Seeking Entry PolicyFinal

Joint Rule and Presidential Proclamation On Entry and Asylum: What You Need To Know

Updated November 9, 2018

What are these new policies?

On November 9, 2018, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued an interim final rule and a presidential proclamation affecting individuals seeking entry at the southern border of the United States. These executive actions place restrictions on asylum for certain noncitizens arriving in the United States.

What are these policies intended to do?

The interim final rule governs eligibility for asylum and screening procedures for those subject to a new presidential proclamation. Together, these executive actions suspend entry for noncitizens crossing the southern border and bar such noncitizens from asylum.

What is the scope of the joint interim rule and presidential proclamation?

The rule applies prospectively, so individuals who arrived in the United States before the effective date of November 9, 2018 are not covered. The rule also does not impact two related forms of relief known as withholding of removal and protection under the Convention Against Torture. These forms of relief are narrower and without the same benefits of asylum protection. No later than 90 days from the date of the presidential proclamation, November 9, 2018, the Secretary of State, Attorney General and Secretary of Homeland Security should submit to the President a

recommendation on whether the suspension should be extended or renewed.

What legal authority is the administration relying upon to issue the interim final and

presidential proclamation?

The joint interim rule points to several sections in the immigration statute known as the Immigration and Nationality Act (INA). Some of these sections are summarized below.

● INA § 212(f) states: “Whenever the President finds that the entry of any aliens or of anyclass of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

The goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.
1

● INA § 208(d)(5)(B)● INA §
●

Has the administration used INA § 212(f) before?

Yes. Most recently, INA § 212(f) was used as a basis for three travel bans issued by the President, each of which prohibits the entry of nationals from certain countries. On June 26, 2018, the Supreme Court of the United States issued an opinion in the case of Hawaii v. Trump (Travel Ban 3.0). Writing for the majority, Chief Justice Roberts held that the travel ban does not violate the INA and described INA § 212(f) as a “comprehensive delegation” which “exudes deference to the President in every clause.”

Is the President’s use of INA § 212(f) in the Travel Ban distinguishable?

Yes. In Hawaii v. Trump, the courts did not analyze the suspension clause at INA § 212(f) against the asylum provision at INA § 208(a).

What are the legal concerns with these executive actions?

There is a concern that the executive actions violate the immigration statute and other laws. While the interim final rule and presidential proclamation identify some sections of the immigration statute, these sections cannot be read in isolation to the statute as a whole, nor can it conflict with the U.S. Constitution, statutes and other laws. One concern is that these actions violate the statutory provision that governs asylum law and other laws. INA § 208 states that any person physically present in the United States, regardless of how or where he or she entered is eligible to apply for asylum. The section states in part, “

ated port of arrival.

The goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.

states that “[t]he Attorney General may provide by regulation for any

other conditions or limitations on the consideration of an application for asylum not

inconsistent with this Act.”

215(a) states that it is “unlawful . . . for any alien to depart from or enter or attempt

to depart from or enter the United States except under such reasonable rules, regulations,and orders, and subject to such limitations and exceptions as the President may prescribe.”

INA

§

208(b)(2)(C) states that the “Attorney General may by regulation establish

additional limitations and conditions, consistent with this section, under which an alien

shall be ineligible for asylum under paragraph (1).”

Any alien . . . who arrives in the United States (whether or not

at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) irrespective of such alien’s status,

may apply for asylum . . .” (emphasis added).

Because

the plain language of the INA is clear that

any noncitizen is eligible for asylum regardless of her manner of entry, there is a concern that these policies violate the statute by restricting the availability of asylum seekers only to those who

present at a design

2

Why is the administration issuing these policies?

It is the administration’s position that the United States has seen an increase in the number of noncitizens arriving at the United States between ports of entry along the southern border and that

many of the asylum claims brought forth by this population are without merit.

What are some of the countervailing views to the administration’s position taken by some

refugee advocates and scholars?

Many asylum seekers arriving at the southern border are from the Northern Triangle which is comprised of Guatemala, El Salvador and Honduras. The violence and danger in these countries is well documented. Individuals who have suffered or will suffer individual harm for a specific

reason are eligible to apply for asylum under the immigration statute and other laws. Many of the

asylum claims by individuals from the Northern Triangle are with merit.

What is an “Interim Final Rule”?

An Interim Final Rule becomes effective immediately upon publication and is an exception to the general rule that public notice and comment must take place before the effective date of a regulation. DOJ and DHS have concluded that a “good cause” exception exists to publish this asylum regulation as an interim final rule. Written comments can be submitted by the public for a period of sixty days from the date of publication.

What is a presidential proclamation?

A presidential proclamation is one form of presidential power and similar to an executive order. It is an order issued by the President of the United States and may possess the authority of law. See e.g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).

What comes next?

Given the legal concerns of restricting asylum, litigation is expected. Further, under section 4 of the presidential proclamation, if any section of the proclamation is found to be invalid, the remainder of the proclamation shall remain effective.

Where can I find more resources?

See the Penn State Law Center for Immigrants’ Rights Clinic website for updates on this and other immigration policies. Also visit:

● Department of Homeland Security

● American Immigration Lawyers Association

● American Immigration Council

● Human Rights FirstThe goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.
3

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

It’s critically important to the future of our nation and the world that the actions of Trump and his White Nationalist scofflaws be resisted in the courts and in our political system.

In the meantime, since virtually everything the Administration says on this topic is a false narrative or obfuscation of their real racist agenda, an honest expert analysis like this is a “gold mine.”

We can (and are) diminishing ourselves as a nation, but it won’t stop human migration!

PWS

11-09-18

TRUMP’S TOADIES: EOIR JOINS “PARTNERS” AT DHS IN FRIVOLOUS “INTERIM” REG THAT CLEARLY VIOLATES ASYLUM STATUTE! — All In Pursuit Of Trump’s Racist, Anti-Asylum Agenda!

Here’s a link to the “Interim Regulations:”

https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-24594.pdf

Here’s “Tal’s Take:”

https://www.sfchronicle.com/politics/article/Trump-administration-to-issue-travel-ban-like-13376110.php

Trump administration to issue travel ban-like rule at southern border

Tal Kopan Nov. 8, 2018

WASHINGTON — The Trump administration is using travel ban-like authority to substantially curtail immigrants’ ability to seek asylum in the U.S.

The administration took the first step Thursday to bar immigrants from applying for asylum if they cross the southern border illegally. On Friday, President Trump is likely to issue a proclamation implementing the ban, a senior administration official suggested in a briefing.

The ban will apply to future illegal border crossers, not those who have already entered the country, the official said.

The move, which was first reported by The Chronicle last month, comes as a caravan of thousands of impoverished migrants is slowly traveling through Mexico toward the U.S. The migrants are still several weeks away from the border, but Trump has already sent 5,000 troops to the Southwest to prepare for their possible arrival.

Related Stories

Trump’s proclamation will apply only apply to those who cross the U.S.-Mexican border illegally. The goal, said a second administration official, is to “funnel” asylum seekers to legal border crossings, where the government is “better resourced” and has “better capabilities and better manpower and staffing.”

But the rule could have overwhelming consequences for crossings like San Ysidro in San Diego County. The busiest land crossing in the Western hemisphere, that port of entry already struggles to process immigrants who arrive seeking asylum, with wait times often approaching weeks.

The administration officials did not answer a question about how the ports of entry would be able to accommodate even more immigrants.

The San Ysidro crossing can process 50 to 100 immigrants a day, according to Customs and Border Protection Commissioner Kevin McAleenan. There were days in July when the line was 1,000 people long.

Officials cannot legally turn away immigrants seeking asylum at recognized border crossings. But they do conduct “metering,” stopping immigrants before they get to the crossing and telling them they have to come back.

That has created desperate situations south of the border. An inspector general’s report analyzing the administration’s handling of the family separation crisis this summer blamed “metering” for causing more people to cross into the U.S. illegally.

Federal law says asylum protections, which afford a path to citizenship for qualifying immigrants who fear persecution in their home countries, are available to immigrants “whether or not” they arrive at a legal crossing. The administration argues that other provisions of the law allow them to restrict that.

Immigrant advocates disagree, and have already said they will sue to block Trump’s expected proclamation.

“The asylum ban is patently unlawful and disregards our nation’s long commitment to providing a safe haven for those fleeing danger. Court challenges are coming,” said Lee Gelernt, a lead immigration attorney for the American Civil Liberties Union.

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

These “Interim Regs” are 78 pages of pure legal gobbledygook, bureaucratic doublespeak, and irrelevant and intentionally misleading stats purporting to “justify the unjustifiable.” So, I’ll make this simple.

The asylum statute says individuals have a right to apply for asylum regardless of legal status and without regard to whether they arrived or entered at a legal “port of entry;”
This “Interim Regulation” purports to make those who don’t arrive at a port of entry ineligible to apply for asylum;
The regulation cites a statutory provision that allows the AG and the Secretary of DHS to create “exceptions” and “conditions” on applicants by regulation;
But, that statute actually says those “exceptions and conditions” must be “consistent with” the statute;
The “exception” to eligibility in this Interim Regulation specifically contradicts the clear language of the statute permitting those who enter or arrive illegally to apply for asylum;
Therefore, the exception is beyond the authority of the AG and the Secretary to create by regulation;
Indeed, the facial invalidity of this Interim Regulation is so clear that the EOIR and DHS position is frivolous— not passing the “straight face test” — and the policy officials and bureaucrats involved are promoting frivolous litigation before the Federal Courts — generally frowned upon when done by members of the public!
Perhaps at some point the Federal Courts will assert themselves by starting to “take names” of those US Government officials wasting court time in pursuit of illegal, racially-motivated objectives.

No wonder the Dudes who drafted this piece of garbage wanted to bury their real actions and intent in 78 pages of pure nonsense! This from an Administration supposedly committed to cutting bureaucracy and eliminating unnecessary and burdensome regulations!

Tomorrow, as previously promised, Trump will continue to carry out his racist, White Nationalist political agenda by declaring a totally bogus “immigration emergency” by Executive Order (similar to the bogus emergency he used to justify the discriminatory and bogus “Travel Ban”). The only question is whether the Federal Courts will let him get away with thumbing his nose at the statute, our Constitution, and the authority of the Article III Courts themselves.

Stay tuned!

PWS

11-08-18

TRUMP CELEBRATES MIDTERM “VICTORY” WITH BOLD FOUR-PRONGED ATTACK ON CONSTITUTION AND RULE OF LAW! — Trump Earns Courtside’s Coveted “Five Clown Rating!”

First, he trashed the 1^stAmendment by attacking, insulting, demeaning, and revoking the White Press credentials of CNN Correspondent Jim Acosta while fabricating an alleged “incident” involving Acosta that both national TV recordings and dozens of eye-witnesses testify never happened;
Second, he fired Attorney General Jeff Sessions (no tears, please, for this corrupt public official and immoral person) and appointed sycophantic Acting Attorney General (and former right-wing commentator and established Trump suck-up) Matt Whitaker, a sleazy maneuver which now gives Trump control over the Mueller investigation through Whittaker (indeed, some legal experts say this maneuver in and of itself could easily be construed as an obstruction of justice);
Third, while half-heartedly saying he would be willing to work with House Democrats, he then threatened them with retaliation if they had the audacity to exercise their Constitutional authority to investigate him and his corrupt Administration;
Finally, he reportedly plans on Friday to illegally overrule the Refugee Act of 1980 for asylum seekers through an “Executive Order” – a mean-spirited, controversial, and unnecessary move that almost certainly will be blocked by the Federal Courts therefore touching off yet another round of acrimonious and largely frivolous litigation. You can read Vivian Salama’s account about Trump’s latest plans to thumb his nose at the law in pursuit of his racist agenda in the WSJ here: https://www.wsj.com/articles/trump-to-sign-immigration-directive-revamping-asylum-system-1541629100?emailToken=00b769f8b7a4e89eba0f99cf5b2477154uBTkiIEqaA4RxhOj6r+MwpvKdjXbRWeUanRuOJdVFK4XBp2y4cx7py6fMlif4uGIYfAXBjcnBluaPYf4RL4PppT8TfGt2sTJrEbTE781qozrIjvN+p3sEae+AYFLY5x&reflink=article_email_share

And, remember folks, this is just “Day One of Phase II” of America’s Continuous National Clown Show! Stay tuned for more daily clown performances and hilarious degradations of America, our laws, human rights, and our values from under the Big Top! Today’s Trump performance get Courtside’s coveted “Five Clown” rating!

🤡🤡🤡🤡🤡

PWS

11-06-18

ELISE FOLEY @ HUFFPOST – Finally, There Will Be Some Meaningful Oversight Of Trump’s Racist, Xenophobic Immigration Policies! – It Won’t Stop, But Could Slow, The “Race To The Bottom!”

https://www.huffingtonpost.com/entry/democrats-house-immigration_us_5be2ec2fe4b0e84388924c3d

Elise writes:

The new Democratic majority in the House of Representatives can’t force President Donald Trump to abandon his efforts to crack down on asylum-seekers, migrant families and immigrants already living in the U.S. But it can make it harder for him to enact his agenda.

Whether through oversight, withholding funds or passing pro-immigrant bills and daring the Republican-controlled Senate and the president to shoot them down, Democrats now have leverage on immigration.

Republicans, of course, will still control the Senate after Tuesday’s midterms, and Trump will still be in the White House, where he has already cracked down on undocumented immigrants without congressional help.

Still, there were glimmers of hope around the country. Oregon voters rejected a ballot measure that would have ended the state’s “sanctuary” policies. Kansas gubernatorial candidate Kris Kobach, a Republican who has spent years pushing hard-line immigration policies around the country, lost. So did Pennsylvania U.S. Senate candidate Lou Barletta, who enacted an anti-immigrant policy years before as a mayor and recently defended separating families at the border. Several other Republicans who campaigned on immigration crackdowns lost too, which immigrant rights advocates held up as proof that Trump’s fear-based campaigning wasn’t the guaranteed winner he seemed to think it was.

And now that Democrats have taken control of the House, they can serve as a check on Trump’s immigration efforts.

Democrats are expected to launch investigations and conduct oversight on a number of Trump actions and policies ― something Republicans have so far declined to do. And immigrant rights groups will be pressing them to do so.

Tyler Moran, managing director of progressive group The Immigration Hub and a former Senate and White House staffer, pointed out several areas ripe for oversight. Those include the Trump administration’s family separations at the border, its deportation tactics, and its decision to end the Deferred Action for Childhood Arrivals program for young undocumented immigrants and temporary protected status for certain nationalities of immigrants whose home countries suffered natural disasters or violence.

Many of Trump’s immigration policies also require significant funding increases ― something a Democratic House is likely to fight. The Democrats have already vowed not to fund Trump’s wall along the southern border. Trump is expected to push for wall funding during the lame duck session while Republicans maintain control of both chambers, and has suggested a government shutdown in December if he doesn’t get what he wants.

House Minority Leader Nancy Pelosi (D-Calif.) told The Wall Street Journal ahead of the election that if Democrats should win a majority on Tuesday, they’d have more leverage to block wall spending even before they officially take over.

“Why would we compromise on the wall now?” she said.

BLOOMBERG

Current House Minority Leader Nancy Pelosi (D-Calif.) has pushed for more protections for undocumented immigrants.

Mass detention of families and asylum-seekers, which Trump is pushing for through a proposed rule change and a potential executive order, would also have a hefty price tag. Most Democrats oppose such policies.

Democrats are also likely to push legislation that protects undocumented immigrants, particularly young immigrants, which could increase public pressure for Senate Republicans and Trump to back it.

Trump ended the Deferred Action for Childhood Arrivals program, or DACA, last year, but so far has been forced to keep it running by court orders that he is continuing to fight. Although Republicans opposed DACA, some have voiced support for some type of legislative measure that would keep its recipients ― so-called Dreamers who have lived in the U.S. since childhood ― from being deported.

But so far, Republicans haven’t actually supported measures that would do so, at least without simultaneously aiming to restrict legal immigration and ramp up deportation efforts.

Immigrant rights groups want a “clean” bill for Dreamers, called the Dream Act, that doesn’t include other measures. Democrats are expected to push for it, but past stalemates are likely to continue. More likely, Democrats could make a deal to protect Dreamers while also giving Trump something he wants, but not the whole spate of anti-immigrant measures Republicans tried, and failed, to pass earlier this year.

While Democrats gaining the majority was a good thing for supporters of immigrant rights, it required knocking out some moderate Republicans who could previously be claimed as allies on bipartisan legislation. Rep. Carlos Curbelo (R-Fla.), who unsuccessfully pushed for protections for undocumented young people, lost to a Democrat. So did Rep. Mike Coffman (R-Colo.), another Republican who called for legal status for Dreamers, although he spoke in more hawkish terms at an August fundraiser.

The defeat of bipartisan backers may be more of a symbolic loss than a substantive one. The Democrats who will take their place are likely to be even more reliable supporters of immigration reform.

Leading immigrant rights advocates, including Frank Sharry of America’s Voice, cheered Coffman’s defeat.

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

Even with the departure of the truly terrible Jeff Sessions, the situation is likely to remain grim. Trump’s dreams of legislation slashing legal immigration and eliminating the right to apply for asylum are DOA. Also, he’s not likely to get funding for expanding the New American Gulag, “the wall,” harassing Dreamers, or expanding already bloated, ineffective, and inhumane ICE civil enforcement. Oversight might even result in some accountability for human rights abusers like Nielsen.

But, as he has already shown, there is plenty of damage that Trump can do to the Constitution, human rights, the legal system, and our national values in the area of immigration “administratively.” It’s likely that he’ll look for a total sycophant in the Mike Pence mold for Attorney General. With the Senate firmly in GOP hands, there will be nobody to stop even more unqualified appointments. However, House oversight and budget control might be able to slow the pace of the abuses or at least make a public record for history and future action.

PWS

11-06-18

MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

Stern writes:

Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

Sessions’ attack on immigrants was equally ruthless. He compelled immigration judges to order the deportation of more unauthorized immigrants and punished them when they did not. He barred most victims of domestic violence from seeking asylum in the United States, deporting survivors back to their persecutors. He attempted to rescind the Deferred Action for Childhood Arrivals program, subjecting hundreds of thousands of young immigrants to deportation but was too inept to do so lawfully. He tried to prevent states and cities from protecting immigrants within their borders. And he implemented the “zero tolerance” family separation policy, imprisoning thousands of individuals at the border for the misdemeanor of unlawful entry, then seizing their children and locking them in cages. (Hundreds of these kids are still separatedfrom their parents.)

Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

As he oversaw family separation, forced birth, and mass incarceration, Sessions found time to degrade LGBTQ Americans and their families. He issued a memo alleging that federal civil rights laws do not protect transgender employees, a position the Justice Department recently reiterated to the Supreme Court. He also argued that these civil rights laws do not protect gay people. His DOJ defended Trump’s ban on open transgender military service by claiming that trans people are disordered deviants. Under his leadership, the DOJ also asked the Supreme Court to rule that many businesses have a First Amendment right to turn away same-sex couples. (Sessions gave a speech to the anti-LGBTQ group that brought that case to SCOTUS, thanking them for their “important work” on behalf of religious liberty.)

The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

His successor could be even worse.

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

Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

The scary thing: Stern is right — “His successor could be even worse.” If so, the survival of our Constitution and our nation will be at risk!

PWS

11-06-18

GONZO’S WORLD – NEW TRAC DATA SHOWS SESSIONS’S IDEOLOGICALLY DRIVEN INTERFERENCE AND GROSS MISMANAGEMENT HAS “ARTIFICIALLY JACKED” THE U.S. IMMIGRATION COURT BACKLOG TO OVER 1 MILLION CASES! – And, That’s With More Judges — “Throwing Good Money After Bad!”

http://trac.syr.edu/immigration/reports/536/

Immigration Court Backlog Surpasses One Million Cases

Figure 1. Immigration Court Workload, FY 2018

The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled from the case-by-case records obtained by TRAC under the Freedom of Information Act (FOIA) from the court reveal that pending cases in the court’s active backlog have now reached 768,257—a new historic high.

In addition, recent decisions by the Attorney General just implemented by the Executive Office for Immigration Review (EOIR) have ballooned the backlog further. With a stroke of a pen, the court removed 330,211 previously completed cases and put them back on the “pending” rolls. These cases were previously administratively closed and had been considered part of the court’s completed caseload[1].

When the pending backlog of cases now on the active docket is added to these newly created pending cases, the total climbs to a whopping 1,098,468 cases! This is more than double the number of cases pending at the beginning of FY 2017.

Pending Cases Represent More Than Five Years of Backlogged Work

What does the pending case backlog mean as a practical matter? Even before the redefinition of cases counted as closed and cases considered pending, the backlog had reached 768,257 cases. With the rise in the number of immigration judges, case closures during FY 2018 rose 3.9 percent over FY 2016 levels, to 215,569. In FY 2017, however, closure rates had fallen below FY 2016 levels, but last year the court recovered this lost ground[2].

At these completion rates, the court would take 3.6 years to clear its backlog under the old definition if it did nothing but work on pending cases. This assumes that all new cases are placed on the back burner until the backlog is finished.

Now, assuming the court aims to schedule hearings eventually on all the newly defined “pending” cases, the backlog of over a million cases would take 5.1 years to work through at the current pace. This figure again assumes that the court sets aside newly arriving cases and concentrates exclusively on the backlog.

Table 1. Overview of Immigration Court Case Workload and Judges
as of end of FY 2018

Number of
Cases/Judges Percent Change
Since Beginning
of FY 2017

New Cases for FY 2018 287,741 7.5%

Completed Cases for FY 2018 215,569 3.9%

Number of Immigration Judges 338/395* 17.0%

Pending Cases as of September 30, 2018:

On Active Docket 768,257 48.9%

Not Presently on Active Docket 330,211 na

Total 1,098,468 112.9%

* Immigration Judges on bench at the beginning and at the end of FY 2018; percent based on increase in judges who served full year.
** category did not exist at the beginning of FY 2017.

Why Does the Backlog Continue To Rise?

No single reason accounts for this ballooning backlog. It took years to build and new cases continue to outpace the number of cases completed. This is true even though the ranks of immigration judges since FY 2016 have grown by over 17 percent[3] while court filings during the same period have risen by a more modest 7.5 percent[4].

Clearly the changes the Attorney General has mandated have added to the court’s challenges. For one, the transfer of administratively closed cases to the pending workload makes digging out all the more daunting. At the same time, according to the judges, the new policy that does away with their ability to administratively close cases has reduced their tools for managing their dockets.

There have been other changes. Shifting scheduling priorities produces churning on cases to be heard next. Temporary reassignment and transfer of judges to border courts resulted in additional docket churn. Changing the legal standards to be applied under the Attorney General’s new rulings may also require judicial time to review and implement.

In the end, all these challenges remain and the court’s dockets remain jam-packed. Perhaps when dockets become overcrowded, the very volume of pending cases slows the court’s ability to handle this workload – as when congested highways slow to a crawl.

Footnotes

^[1] The court also recomputed its case completions for the past ten years and removed these from its newly computed completed case counts. Current case closures thus appear to have risen because counts in prior years are suppressed. Further, the extensive judicial resources used in hearing those earlier cases are also disregarded.

^[2] For consistency over time, this comparison is based upon the court’s longstanding definition, which TRAC continues to use, that includes administratively closed cases in each year’s count. Under this standard, numbers are: 207,546 (FY 2016), 204,749 (FY 2017), 215,569 (FY 2018).

^[3] The court reports that the numbers of immigration judges on its rolls at the end of the fiscal year were: 289 (FY 2016), 338 (FY 2017), and 395 (FY 2018). The 17 percent increase only considers judges who were on the payroll for the full FY 2018 year. See Table 1. For more on judge hires see: https://www.justice.gov/eoir/page/file/1104846/download

^[4] New court cases based upon court records as of the end of FY 2018 were: 267,625 (FY 2016), 274,133 (FY 2017), and 287,741 (FY 2018). Due to delays in adding new cases to EOIR’s database, the latest counts may continue to rise when data input is complete. TRAC’s counts use the date of the notice to appear (NTA), rather than the court’s “input date” into its database. While the total number of cases across the FY 2016 – FY 2018 period reported by TRAC and recently published by EOIR are virtually the same, the year-by-year breakdown differs because of the court’s practice of postponing counting a case until it chooses to add them to its docket.

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.

	Number of Cases/Judges	Percent Change Since Beginning of FY 2017
New Cases for FY 2018	287,741	7.5%
Completed Cases for FY 2018	215,569	3.9%
Number of Immigration Judges	338/395*	17.0%
Pending Cases as of September 30, 2018:
On Active Docket	768,257	48.9%
Not Presently on Active Docket	330,211	na
Total	1,098,468	112.9%

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

Yes, as TRAC notes, it has been building for many years. And there are plenty of places to place responsibility: Congress, the Bush Administration, the Obama Administration, the DOJ, DHS, and EOIR itself.

But, there is no way of denying that it has gotten exponentially worse under Sessions. Ideology and intentional “Aimless Docket Reshuffling,” as well as the same ineffective “terrorist tactics, threats, intentionally false narratives, inflammatory and demeaning rhetoric, and just plain willful ignorance” that Sessions employs in his immigration enforcement and prosecutorial programs are the main culprits. And, they aren’t going to stop until Sessions and this AdministratIon are removed from the equatIon. Not likely to happen right now.

So, if the Article IIIs don’t step in and essentially put this “bankrupt dysfunctional mess into receivership” by appointing an independent Special Master to run it in accordance with Due Process, fairness, fiscal responsibility, and impartiality, the whole disaster is going to end up in their laps. That will threaten the stability of the entire Federal Court system — apparently just what White Nationalist anarchists like Sessions, Miller, and Bannon have been planning all along!

Wonder if Las Vegas is taking odds on the dates when 1) the backlog will reach 2 million; and 2) the Immigration Court system will completely collapse?

The kakistocracy in action! And, lives will be lost, people hurt, and responsible Government damaged. More judges under Sessions just means more backlog and more injustice.

PWS

11-06-18

ROQUE PLANAS @ HUFFPOST: TRUMP’S BOGUS CARAVAN THREAT MIGHT BE HIS MOST OUTRAGEOUS SCAM YET! — GOP’S Racist Commercial So Vile That Even Fox Pulls It!

https://www.huffingtonpost.com/entry/donald-trump-fabricating-border-crisis-before-election_us_5be0a522e4b09d43e321d731

Roque Planas writes in HuffPost:

Almost every day last week, the White House thrust immigration to the center of national politics. The Pentagon announced plans to dispatch some 5,200 troops to the border with Mexico. Trump said he planned to eliminate the constitutional guarantee of birthright citizenship by executive fiat. He announced a coming plan to bar migrants who cross illegally from claiming asylum and to detain them indefinitely in tent cities. To hear him speak at a press conference on Thursday, it would appear the United States faces an onslaught of illegal immigration.

None of this reflects reality. For the last eight years, arrests for illegal border crossing have been at their lowest levels since the 1970s.

But it does jibe with the strategy of a president who propelled himself to the White House by making specious immigration claims. Facing an election cycle that imperils the Republican majority in the House of Representatives, the president’s message is clear: Voters should blame Democrats for a nonexistent catastrophe at the border.

The ad — which NBC abandoned, along with Fox and Facebook, after a major backlash — is part of Trump’s strategy to drum up fears of the caravan among his base. CNN declined to air it, calling it “racist.”

It’s also flatly false.

Luis Bracamontes, the unauthorized immigrant in Trump’s ad, was convicted in 2014 for killing two Sacramento police officers and has nothing to do with the caravan.

The original version of the ad that Trump posted to Twitter was even more blatantly dishonest. After showing clips of a deranged Bracamontes ranting in court about how he would escape and kill others, it claimed that Democrats let him into the country and that they let him stay. It then it cuts to video of the caravan, giving the impression that it’s composed of similar fiends.

In fact, no one let Bracamontes in. He was deported twice, once in 1997 and again in 2001.

Some critics of the ad have noted that the last time he entered the country illegally appears to have been during the presidency of George W. Bush. He didn’t let Bracamontes in either, though. The fact is that Bracamontes evaded law enforcement, which is not in itself noteworthy. The rate of success for people who attempt to enter the country illegally multiple times never dipped below 96 percent until 2008, according to the Mexico Migration Project, the most comprehensive sociological database to track migration across the U.S.-Mexico border.

Implying that the migrant caravan is consists of dangerous criminals like Bracamontes is just as untenable as the claim that Democrats let him in. Among the several thousand people traveling through Mexico in the main caravan are 2,300 kids, according to UNICEF USA. The migrants are banding together in caravans not as some kind of invading force but as a way to seek protection in numbers from human traffickers.

The major challenge that the U.S. faces at the border is how to process efficiently an uptick in the number of Central American families and children who make asylum claims or ask for other forms of humanitarian relief from deportation. But that trend dates from 2014, so it’s hardly new.

It won’t be clear until after the midterm elections whether Trump will follow through on his barrage of immigration promises. But with less than 24 hours to Election Day, the more immediate question is how voters will react to his statements.

Mass migration from Mexico had petered out seven years before Trump launched his campaign for the presidency by vilifying Mexican immigrants as criminals and rapists and blaming “open border” Democrats for an immigration crisis that didn’t exist. The strategy helped get him elected in 2016. On Tuesday, we’ll see if it works for him again.

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

Lies, knowingly false narratives, corruption, scams on the American people, racism, intolerance, disrespect for millions of Americans and our Constitution — that’s just business as usual for the Trump Administration.

Truth is, the “Caravans” are doing favors for the US Government in a number of ways:

Easy to track;
Plenty of advance notice;
Reduces danger and deaths along the way;
Takes business away from professional smugglers;
Almost all “Caravan” members who actually reach the border (only a fraction of those who begin the thousand mile plus journey) are processed in an orderly fashion, either waiting patiently at ports of entry or turning themselves in to the Border Patrol immediately upon entry;
There is no evidence of significant numbers of “Caravan” members disappearing into the interior of the US without some type of inspection and screening — almost all those who are not summarily returned have gone through credible fear screenings and are either detained or released on bond after the Government confirms their identity and reasons for coming, and determines that they have credible cases for protection under our laws;
There is no record that I’m aware of that any “Caravan” has attempted to “storm the border” or violently attacked US border authorities en masse — why would they, since their only chance for survival is to hope and pray that the US authorities will actually live up to our legal responsibilities and give them a chance to seek legal protection under our laws?

However, if the Trump Administration continues to ignore our laws and to mount bogus attacks on fleeing refugees, they probably will be able to convince many of those folks that our legal system is a fraud and they had best employ the services of a professional smuggler to get them into the interior of the US where they can lose themselves in the crowd and probably save their lives — a sort of “do it yourself asylum.” And, while wasting taxpayer money on the “border hoax,” this Administration is failing to fund and intentionally ignoring international efforts to address the dangerous and chaotic conditions in the Northern Triangle that causes these refugee flows in the first place — and will continue to cause them until we put wiser and more honest policies into effect.

The real threat to our country’s security and future is Trump and his willfully blind or in some cases outright White Nationalist, racist, or purposefully racially tone-deaf supporters and enablers.

If that’s not the America you want and want for future generations, get out the vote to start regaining control of our country from a misguided yet loud and active minority trying to shove their lack of values down the rest of our throats! America is for all Americans, not just the “Trump Base” and their fellow travelers!

PWS

11-06-18

TRUMP ADMINISTRATION’S CRUEL ANTI-REFUGEE POLICIES CREATE HEARTACHE FOR APPLETON MAN SEPARATED FROM FAMILY!

https://www.greenbaypressgazette.com/story/news/2018/11/05/appleton-refugee-struggles-reunite-family-amid-trump-policies/1811031002/

Chris Mueller reports for the Appleton Post Crescent:

As Trump administration slashes refugee limits, Appleton refugee tries to reunite family

Chris Mueller, Appleton Post-CrescentPublished 8:46 a.m. CT Nov. 5, 2018 | Updated 12:49 p.m. CT Nov. 5, 2018

(Photo: Wm. Glasheen/USA TODAY NETWORK-W)

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APPLETON – Heritier Muhorana talks to his wife and daughter every day.

He can hear their voices on the phone. He can look at their faces on a screen. But for more than three years, he hasn’t seen them in person.

In 2000, Muhorana fled horrific violence in the Democratic Republic of Congo for the relative safety of crowded refugee camps in Burundi, a neighboring country in central Africa.

Muhorana met his wife, Chantal, in one of those refugee camps. That’s where they got married. But in late 2014, Muhorana was approved for resettlement in the U.S. — a process that took nearly two years and began before he was married.

He came alone to the U.S. in 2015, expecting his wife would be able to join him soon after. That didn’t happen. His daughter, Deborah, will be 3 years old in December. He has never met her in person.

His wife and daughter left the refugee camps and now live in Bujumbura, the capital of Burundi. They’re working with World Relief Fox Valley in an effort to get to the U.S., but so far haven’t been successful.

DONATE: Help Stock the Shelves fight hunger in your community

Muhorana tries to stay positive, but it’s difficult not to be frustrated. He doesn’t know when his family will be back together.

“This experience will never happen to me again,” he said. “It’s a very bad experience, not to be with your family.”

RELATED: ‘A biblical issue’: World Relief official offers different perspective on immigration

RELATED:Refugees find ‘place to call home’ in Appleton

The situation isn’t likely to improve anytime soon. The number of refugees being allowed to settle in the U.S. has sharply fallen in the last two years.

In September, the Trump administration announced a plan to limit the number of refugees allowed to resettle in the U.S. this fiscal year to 30,000, down from a limit of 45,000 set last fiscal year — already the lowest since Congress passed the Refugee Act in 1980. The limit during the final year of the Obama administration was 110,000.

Despite the limit of 45,000 last fiscal year, the U.S. only admitted 22,491 refugees, which is the lowest number in decades, according to State Department records.

About 25.4 million refugees exist worldwide, according the U.N. refugee agency.

The number of refugees arriving in northeast Wisconsin has also significantly declined in the last two years. World Relief Fox Valley, which has offices in Appleton and Oshkosh, had 209 arrivals in fiscal year 2016. That fell to 70 in fiscal year 2017 and 57 in fiscal year 2018, which ended Sept. 30.

World Relief Fox Valley immigration specialist Ashley Hill and immigration manager Phil Stoffel work in their office in Appleton. (Photo: Wm. Glasheen/USA TODAY NETWORK-W)

Phil Stoffel, immigration manager for World Relief Fox Valley, said the situation for refugees trying to bring close relatives to the U.S. has gotten more difficult recently.

“People all across the nation in networks and affiliates that we work with are telling me they’re not getting any answers for any of these cases right now,” he said.

Many refugees have started to lose trust in the system they’re relying on to help them, Stoffel said. World Relief Fox Valley has at least 50 cases of refugees trying to bring close relatives to the U.S., but it doesn’t appear anything is going to change in the near future, he said.

“There’s no other way to explain what’s going on,” he said. “The politics in this are really bad right now.”

Stoffel has one piece of advice to anyone unsure whether the U.S. should welcome refugees at all: meet one.

“Once you meet one, it changes,” he said.

‘A very tough moment’

In 1998, Muhorana fled with his family from their village in Katanga, a former province in the southern part of Congo. The country was descending into war. He was just 12 years old.

He still remembers the night they left. It was about 6 p.m. That’s when they started walking. They didn’t stop until about 2 p.m. the next day. And his family wasn’t alone.

“Thousands of people moving at one time, just walking,” he said. “It was very painful.”

Muhorana didn’t bring much with him, other than what he could carry. He remembers a cousin asking him to hold a bottle for her baby, to help her as they were walking.

They walked for weeks without enough food to eat and in constant danger of being caught up in the violence unfolding around them.

“At that time, what mattered was just to save our lives,” he said.

But they couldn’t always avoid the fighting. The exposure to violence left many people traumatized — or worse, Muhorana said.

“I saw some people who were hurt or shot, some other people were killed on the way,” he said. “It was a very tough moment.”

Muhorana, though, safely found his way to Kalemie, a town on the western shore of Lake Tanganyika, where a relief organization provided food to the crowd of refugees. He stayed there for more than a month, but safety was still a concern.

““At that time, what mattered was just to save our lives.””

Heritier Muhorana

He eventually continued north to South Kivu, a province near the border with Burundi, and stayed there for almost two years, despite treacherous living conditions. He stayed in churches or schools, often in close quarters with thousands of other people.

“We didn’t have enough food to eat. We didn’t have medical assistance,” he said. “So, everything was just a little bit. It wasn’t enough.”

Disease was a problem, too. Many people got sick. Some died. But safety from the violence remained the primary concern, Muhorana said.

“People were still being killed there,” he said.

He couldn’t think about his plans for the future. The situation didn’t allow it. So, in an effort to find peace and a place he could think about his goals in life, he and his family decided to flee for Burundi.

‘We were limited’

Muhorana was a teenager by the time his family crossed the border into Burundi and arrived at their first refugee camp. They stayed for more than a year, then were forced to move to another camp in the northeast part of country.

The violence unfolding in Congo was behind them. But in the camps, his family encountered other problems. Sickness, mostly.

“I would see people dying every month, every year,” Muhorana said. “You bury a lot of people.”

Their camp was packed with about 10,000 people, he said. And it wasn’t the only camp around. Burundi had multiple refugee camps set up for those fleeing across the border.

The camp was not a good place to live, Muhorana said. He felt trapped, unable to go anywhere without asking permission first.

“When you are young, you have dreams. You have goals. You have ambition. You have something in your heart you desire to achieve,” he said. “In the camp, we were limited.”

Still, despite the limitations, Muhorana found a way to work toward a better life. He left the camp after a few years and made his way to Rwanda, a country to the north of Burundi. There, he was able to finish high school and get a college scholarship, which he used to earn a bachelor’s degree in business.

Then, in 2013, Muhorana returned to the camp, where his family still lived. That’s when he met the woman who later became his wife. She had fled a similar situation in Congo and was already living in the camp when he returned.

““I would see people dying every month, every year. You bury a lot of people.””

Heritier Muhorana

He found a lot to like about her, Muhorana said, but her generosity stood out to him. The prospect of getting married in the camp wasn’t ideal, he said. But, in 2015, without other options, that’s exactly what he did.

He hadn’t specifically planned on coming to the U.S. — he simply wanted to find a country where he could live a normal life. But when he was approved for resettlement in the U.S., the prospect excited him.

“We were thinking that maybe life was going to be different than what we have here,” he said.

The process of getting approved for resettlement took nearly two years. And when it was over, Muhorana didn’t get to choose where he was sent. His wife, who hadn’t yet been approved, wouldn’t be able to join him.

“We couldn’t travel together because I was already at the final step,” he said. “I was already ready to come.”

So, with no other choice, he left on his own.

‘Change will come’

Muhorana didn’t speak English — not much, at least — when he arrived in the U.S. in 2015. And that was far from the only challenge he faced.

He was thrilled to arrive, but those first few years weren’t easy at all, he said. The culture was entirely new to him and it took time to adjust.

“I couldn’t imagine that I would have friends and I would get familiar with people here,” he said.

World Relief Fox Valley has services meant to help refugees acclimate to life in the U.S., said Tami McLaughlin, the organization’s executive director.

The organization recruits volunteers who spend time with refugees and serve as companions and valuable sources of information, McLaughlin said.

“Those friendships make the difference in how well somebody transitions into a completely new culture and community,” she said.

To do basic things, such as apply for a job, enroll a child in school, or get health care, can be overwhelming at first for refugees who are often simply relieved to be safe, McLaughlin said.

“You celebrate the little wins and take the little steps,” she said.

RELATED: They help refugees find Wisconsin homes despite political battles

RELATED:Refugee family marks 5 years in Oshkosh

As much as Muhorana tries to remain optimistic about his future, it’s difficult not to be upset with his wife and daughter living thousands of miles away, he said.

The conversations he has with them tend to focus, almost inevitably, on when they might see each other again.They’re still working hard to have a life together, despite the distance between them.

“I try to share my life, my experience here, so I can tell them the difference,” he said.

Muhorana has been working with Stoffel, the immigration manager, for about two years to get his wife and daughter to the U.S., but it’s unclear how much progress they’ve made.

“I can’t begin to tell you how much paperwork we’ve had to file and go through,” Stoffel said. “It’s just a constant back-and-forth with no clear answers from the government.”

Any refugee trying to enter the U.S. has to go through exhaustive background checks, according to U.S. Citizen and Immigration Services. Muhorana’s wife and daughter both have passed those checks, but attempts to get updates on the status of their case have gone unanswered, Stoffel said.

But despite the frustration and the length of time the couple has spent apart, his wife is still excited by the idea of coming to the U.S., Muhorana said.

“She can dream of a bright future too,” he said.

For now, Muhorana will wait. It’s all he can do.

“In life, nothing is permanent,” he said. “Everything is subject to change. So, change will come.”

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FROM THE USA TODAY NETWORK

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RECREATING 1939: Led By Trump’s Brand Of Selfish “It’s All About Me” Racially Charged Nationalism, Prosperous Western Democracies Are Abandoning Their Legal & Moral Commitments To Refugees! – Are We On The Verge Of A “New Holocaust” While The Free Word Looks Inward? — “[M]illions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed ‘never again.'”

https://www.nytimes.com/2018/11/02/world/europe/trump-asylum.html

Max Fisher and Amanda Taub in the NY Times:

LONDON — President Trump’s promise to stop a caravan of Central American migrants from reaching the United States border, if necessary through military force, might seem like just another effort by the president to unilaterally dismantle international laws and accepted practices.

But there is one important difference between this and Mr. Trump’s go-it-alone defiance of climate change agreements, trade deals or arms control treaties. In attacking the long accepted means of protecting refugees and upholding stability in times of mass displacement, he’s got company. Lots and lots of company.

There is no shortage of countries that also skirt, and therefore undermine, global refugee rules. The European Union and Australia are two of the biggest offenders. Peru and Ecuador are restricting Venezuelan refugees, while Tanzania is working to push out Burundians.

Image
Stateless Rohingya migrants passing food supplies dropped by a Thai Army helicopter to others on a boat drifting in Thai waters in the Andaman Sea in 2015.CreditChristophe Archambault/Agence France-Presse — Getty Images

In 2015, as Rohingya refugees fled Myanmar on overcrowded boats, the governments of Indonesia, Malaysia and Thailand — in a move that might make even Mr. Trump blush — pushed the boats out to sea, stranding them, to prevent them from reaching safe shores.

Still, countries tend to hide their violations by presenting themselves as following the letter of the law, or by dressing up anti-refugee measures in humanitarian terms. But Mr. Trump is selling his harsh treatment of asylum-seekers as deliberate. And even if he is not the first to breach the rules, he is contributing to their breakdown in ways that could have global consequences.

“The more brazen you get, like Trump, and the more frequent you get, you can easily imagine a norm being completely torn down,” said Stephanie Schwartz, a migration expert at the University of Pennsylvania, who added that Mr. Trump was “taking an ax” to “one of the strongest norms we’ve got in international law” — the right of a refugee to seek asylum.

To consider how that would happen and what it would mean, it helps to understand the basics of asylum and how Mr. Trump fits into its erosion.

. . . .

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

Read the complete article at the link for a clear understanding of how refugee and asylum law is supposed to work and how immoral scofflaws like Trump, Sessions, and Miller are intentionally perverting and subverting it to satisfy their racist White Nationalist agenda.

Their final paragraph should send chills down the spine of every decent human being

The resurgence of populist and nationalist politics also bodes poorly. Us-vs-them movements, skeptical of international agreements and immigration, have little interest in asylum’s foundational concepts of global burden-sharing or universal rights.

If asylum rights were declining even in the era of sunny 1990s global liberalism, it is hard to imagine their doing much better in the era of Donald J. Trump, Viktor Orban and Vladimir V. Putin.

“It takes a really, really long time to build these norms, especially when they restrict government actions in some way,” Ms. Schwartz said. “It’s so much easier to take them down.”

If that happens, the consequences will be most felt far away from the United States-Mexico border, in places like Honduras, Myanmar, Jordan or Burundi, where millions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed “never again.”

PWS

11-03-18

WASHPOST: DON’T SEND TROOPS, GUNS, & MONEY – SEND JUDGES!

https://www.washingtonpost.com/opinions/dont-send-troops-to-the-border-send-judges/2018/11/02/cd54d0f0-deda-11e8-85df-7a6b4d25cfbb_story.html

The Post Editorial Board writes:

PRESIDENT TRUMP has based his midterm election campaign on the specter of an “invasion” by immigrants marching from Central America to the southern border. His demagoguery is disgusting and irresponsible. But there is a real problem of migrants — one that his administration is failing to address.

Many people are crossing the border with their children and applying for asylum, overwhelming existing mechanisms for dealing with asylum seekers. They are feeding what the president calls a “catch-and-release” revolving door for migrants freed as they await hearings to adjudicate their cases, and contributing to a backlog of some 750,000 cases in immigration courts.

A rational response would be to add substantially to the approximately 350 immigration judges, who cannot handle the tens of thousands of asylum claims flooding the immigration courts annually. The administration this year hired a few dozen new judges, a fraction of what is required. As the caseload has more than quadrupled since 2006, the number of judges has not even doubled, according to congressional testimony in April by Judge A. Ashley Tabaddor, president of the National Association of Immigration Judges.

Despite that, Mr. Trump has sneered at the idea of hiring more, even after aides pressed him to do so. “Who are these people?” he raged, before suggesting darkly that adding many new judges would somehow corrupt the system. “Now can you imagine the graft that must take place?” he said.

Granted, the hiring could be challenging, in vetting and cost. But any major challenge involves scaling up resources and personnel, and it’s hard to see why that’s beyond the government’s capabilities.

On the other hand, maybe Mr. Trump prefers having an issue to a solution. He has made it clear he believes the immigration question propelled him into the White House. Now, by ramping up his inflammatory rhetoric, and by advancing over-the-top measures such as sending thousands of troops to the border to fulfill a mission for which they are not trained — Congress has barred troops from law enforcement duties — it seems apparent Mr. Trump has opted for crisis instead of constructive improvements to what he rightly calls a broken system. Instead of deploying thousands of troops, why not hire hundreds of judges?

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

Certainly on the right track here!

But here’s what really needs to happen to address the issue in a rational way:

Send more Asylum Officers to do credible fear interviews at the border;
Send enough private attorneys to represent all arriving migrants before both the Asylum Office and the Immigration Courts;
Allow Asylum Officers to grant temporary withholding of removal under the Convention Against Torture (“CAT”) to the many applicants who have a probability of torture upon return, which clearly happens with “government acquiescence” — or in many cases actual participation or connivance — in the Northern Triangle;
Put the asylum claims of those granted CAT withholding on the “back burner” (thus keeping them from clogging the Immigration Courts) while working with the UNHCR and other counties in the Hemisphere (including, of course Mexico and Canada) on a more durable solution for those currently fleeing the Northern Triangle;
Otherwise, individuals who pass credible fear should be released on minimal bonds and allowed to go to locations where they will be represented by pro bono lawyers (thus avoiding the money wasted on “tent cities” and other types of expensive and arguably illegal detention) — contrary to the Trump Administration lies, almost all represented asylum applicants show up faithfully for their Immigration Court Hearings;
If the Administration wants to “prioritize” the cases of recent arrivals before the Immigration Courts, this can and should be done without creating more “Aimless Docket Reshuffling.” Not “rocket science.” Here’s how:
- Hundreds of thousands of those now unnecessarily clogging the Immigration Court dockets are long-time residents eligible to apply for “Cancellation of Removal for Non-Lawful Permanent Residents.” Take those with no serious criminal records off the Immigration Court docket and send them to USCIS Adjudications for initial processing. No rush, since only 4,000 “numbers” are available each year for grants;
- Those granted can be put in a line for green card numbers maintained by USCIS;
- Those denied who have committed serious crimes should be referred back to the Immigration Courts;
- For others who don’t qualify for cancellation of removal, the Administration should sponsor bipartisan legislation to provide legal status to such long-term residents. With Administration support, such legislation clearly could pass both Houses and be enacted into law.
The Immigration Courts could then return to real priorities: detained cases; cases of recently arrived individuals with or without asylum claims; cases of immigrants who have committed crimes; and cases of other individuals who don’t fit within our legal system, as properly administered.
Sure, this doesn’t match the “White Nationalist game plan.” But, it’s a practical, legal solution that would be good for immigration enforcement, the legal system, and the country as a whole. And, until the final step of legalization of long-term residents, it can be achieved under the current law.
And, I’ll bet you the overall cost would be much less than some of the “designed to fail” and perhaps illegal schemes now being pursued by the Administration. That’s particularly true because applications to USCIS and legalization programs actually “pay their own way” through application fees — perhaps even turning a slight profit for the Government.

PWS

11-03-18

YES, THEY ARE LEGITIMATE REFUGEES — WSJ EXPOSES THE TRUMP ADMINISTRATIONS’S BOGUS NARRATIVE ON CENTRAL AMERICA – Gangs Have Basically Assumed Quasi-Governmental Authority In El Salvador – The Punishment They Inflict On Those Who Oppose Them Is Good Old Fashioned “Political Persecution” That Squarely Fits The “Refugee” Definition & Our Protection Laws! — Contrary To Sessions’s Misrepresentations, The El Salvadoran Government Clearly “Acquiesces” To The Daily Torture & Threats By Gangs Going On In The Country!

https://www.wsj.com/articles/pay-or-die-extortion-economy-drives-latin-americas-murder-crisis-1541167619?mod=hp_lead_pos5

Robbie Whelan reports for the WSJ:

APOPA, El Salvador—The Congress of El Salvador agreed in April to extend the authority of jailers to keep gang leaders in solitary confinement. Over the next five days, the two reigning street gangs killed more than 100 people.

With the highest homicide rate of all countries in the world, El Salvador is a nation held hostage.

Law-enforcement officials estimate that one gang, MS-13, operates an extortion racket with little pressure from authorities in 248 of the 262 of the country’s municipalities. It battles for neighborhood control with another gang, Barrio 18, which runs its own protection scheme in nearly as many regions.

Politicians must ask permission of gangs to hold rallies or canvass in many neighborhoods, law-enforcement officials and prosecutors said. In San Salvador, the nation’s capital, gangs control the local distribution of consumer products, experts said, including diapers and Coca-Cola . They extort commuters, call-center employees, and restaurant and store owners. In the rural east, gangs threaten to burn sugar plantations unless farmers pay up.

A law-enforcement officer checks the phone of a man suspected of working as a gang lookout during a police sweep this year in a neighborhood of San Salvador, the capital of El Salvador.

They have grown so pervasive that “you don’t know where the state ends and the criminal organizations begin,” said Mauricio Ramírez Landaverde, El Salvador’s minister of justice and security, who oversees the national police force.

Latin America accounts for 8% of the world’s population and a third of its homicides, which makes it one of the world’s most murderous regions. At its violent core is El Salvador, where an imported American gang culture rivals government authority, and its leaders hold sway with a surplus of money, guns and willing young men.

Unlike the major drug cartels that for years produced much of the region’s violence—using murder in the service of selling marijuana, cocaine and heroin largely to Americans—gangs in El Salvador, Honduras and Guatemala profit from extorting their own neighborhoods.

The gangs have evolved a more violent, chaotic economic model, one that is advancing in drug-trafficking countries, including Mexico, where large cartels have splintered into many warring groups.

Mauricio Ramirez Landaverde, El Salvador’s minister of justice and security.

“We’ve left behind the era of the cartel and the kingpin,” said Alejandro Hope, a security consultant in Mexico City. “Today, most violence in Latin America is the result of a new system that’s more diverse, harder to control, and much more local.”

While drug cartels collect profits from customers abroad, with dollars and euros trickling into local communities, these gangs steal from their own people. Documents collected in a recent federal investigation in El Salvador found that MS-13 earns as much as $600,000 a month in extortion payments from bus companies, retailers and other businesses. The payments range from a few dollars a day on each vehicle operated to hundreds of dollars a month charged to vendors in public markets.

Drug enforcement officials said El Salvador’s gangs earn about $20 million a year from extortion, with an estimated $3 million coming from businesses in San Salvador’s historic center. The gangs also sell drugs and stolen cars, adding to the revenue from legitimate businesses they have seized.

Cementing their national role, MS-13 and Barrio 18 may be El Salvador’s largest employers. The defense ministry estimates the gangs hire as many as 60,000 people as lookouts, collectors and assassins. By comparison, the two largest private employers, underwear makers Hanesbrands Inc. and Berkshire Hathaway’s Fruit of the Loom, together employ about 20,000.

. . . .

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

Read Robbie’s full article at the link.

These aren’t “your father’s neighborhood hoodlums.” No, they are organized, probably more powerful than the Government, and basically control most of the country. Opposing their will is a potential death sentence — not dissimilar to the ways in which totalitarian dictatorships operate.

Rather than wasting time and money sending troops to our borders and pledging to violate our own laws as well as international standards, the Administration needs to begin treating the Central American migration for what it is — a humanitarian refugee situation. They should begin working constructively and cooperatively with the UNHCR and governments in the Western Hemisphere to address it as a refugee situation and to develop meaningful resettlement plans as well as plans to address the chaos going on in the Northern Triangle which is creating the refugee flow in the first place!

PWS

11-02-18

NO LONGER SUBTLE: Racism, Hate, Intolerance, Lies, Fear-Mongering Against Immigrants At Core Of Trump GOP’s Midterm Pitch! -– The Ugliest Side Of American History & Politics Rears Its Head!

https://apple.news/AxHra5TtoTEqR96pQ3ermwA

RUCKER AND FELICIA SONMEZ report for the Washington Post:

COLUMBIA, Mo. — President Trump, joined by many Republican candidates, is dramatically escalating his efforts to take advantage of racial divisions and cultural fears in the final days of the midterm campaign, part of an overt attempt to rally white supporters to the polls and preserve the GOP’s congressional majorities.

On Thursday, Trump ratcheted up the anti-immigrant rhetoric that has been the centerpiece of his midterm push by portraying a slow-moving migrant caravan, consisting mostly of families traveling on foot through Mexico, as a dangerous “invasion” and suggesting that if any migrants throw rocks they could be shot by the troops that he has deployed at the border. The president also vowed to take action next week to construct “massive tent cities” aimed at holding migrants indefinitely and making it more difficult for them to remain in the country.

“If you don’t want America to be overrun by masses of illegal aliens and giant caravans, you better vote Republican,” Trump said at a rally here Thursday evening.

The remarks capped weeks of incendiary rhetoric from Trump, and they come just five days after a gunman reportedly steeped in anti-Jewish conspiracy theories about the migrant caravan slaughtered 11 people at a Pittsburgh synagogue in what is believed to be the worst anti-Semitic attack in U.S. history.

Trump has repeatedly cast the migrants as “bad thugs” and criminals while asserting without evidence that the caravan contains “unknown Middle Easterners” — apparently meant to suggest there are terrorists mixed in with the families fleeing violence in Honduras and other Central American nations and seeking asylum in the United States. The president also said Wednesday that he “wouldn’t be surprised” if liberal donor George Soros had funded the migrant groups — echoing the conspiracy theory that is thought to have influenced the accused Pittsburgh shooter.

Trump questioned again at Thursday night’s rally whether it was really “just by accident” that the caravans were forming.

“Somebody was involved, not on our side of the ledger,” Trump told the crowd. “Somebody was involved, and then somebody else told him, ‘You made a big mistake.’ ”

He also called birthright citizenship a “crazy, lunatic policy,” warning that it could allow people such as “a dictator who we hate and who’s against us” to have a baby on American soil, and “congratulations, your son or daughter is now an American citizen.”

Many of Trump’s Republican acolytes, from Connecticut to California, have followed his lead in the use of inflammatory messages, including an ad branding a minority Democratic candidate as a national security threat and a mailer visually depicting a Jewish Democrat as a crazed person with a wad of money in his hand.

Trump and his supporters argue that the media and the president’s political opponents call racism or anti-Semitism where none exists as a way to demean him and divide Americans. At a campaign rally Wednesday night in Estero, Fla., Trump sought to link his supporters to the accusations.

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“We have forcefully condemned hatred, bigotry, racism and prejudice in all of its ugly forms, but the media doesn’t want you to hear your story,” Trump said. “It’s not my story. It’s your story. And that’s why 33 percent of the people in this country believe the fake news is, in fact — and I hate to say this — in fact, the enemy of the people.”

Meanwhile, an online campaign video personally promoted by Trump this week was denounced by Democrats and some Republicans on Thursday as toxic or even racist.

The footage focuses on Luis Bracamontes, a twice-deported Mexican immigrant who was given a death sentence in April for killing two California law enforcement officers in 2014. The recording portrays him as the face of the current migrant caravan, when in fact he has been in prison for four years.

The 53-second video is filled with audible expletives and shows Bracamontes smiling as he declares, “I killed f—— cops.” With a shaved head, a mustache and long chin hair, Bracamontes shows no remorse for his crimes and vows, “I’m going to kill more cops soon.”

Trump shared the video Wednesday afternoon with his 55.5 million followers on Twitter, and it remained pinned atop his Twitter page the next day. As of late Thursday afternoon, the video had been viewed 3.5 million times.

Ohio Gov. John Kasich (R), a potential 2020 challenger to the president, said Trump crossed a new Rubicon by posting the video.

“We all go through periods where we’re in a tough race and we’ve got to figure out what we should do, but at some point there’s just an ethical line that you should not cross, and I think it’s been crossed here,” Kasich said in an interview. “This latest ad is an all-time low. It’s a terrible ad, it’s designed to frighten people and it’s wrong.”

Rep. Bennie Thompson (D-Miss.) sounded a similar note, saying in a statement Thursday that Trump and Republicans “are so desperate to distract voters from their failures on everything from health care to foreign policy, they have sunk to new lows with hateful rhetoric and racist campaign ads.”

Five days from Election Day, the video underscored the dilemma facing Democrats as they work to calibrate their response to the president’s increasingly incendiary language on race and immigration.

Democratic strategist Donna Brazile said leaders of her party have two schools of thought about Trump’s video and his caravan rhetoric in general. She said they fear that reacting to it only allows the president to dictate the terms of the debate and “spread the toxins into the bloodstream of the electorate,” but that the tone is so appalling — especially coming from the president himself — that they feel compelled to speak out.

“Trump has opened up a whole new playbook to sow discord and to weaponize hate,” Brazile said. “Everyone has seen low politics. We’ve all done low politics. But Lee Atwater would be shocked at the vitriol we’re seeing today — and, man, Lee was scrappy. This is virulent. It’s bone-chilling. It’s like a toxin.”

Atwater, who died in 1991, was a Republican consultant who was known for crafting culturally divisive messages.

Rep. David N. Cicilline (D-R.I.) described the video as a “horribly racist” attempt by Trump to “prey on people’s fears and lack of information about how the immigration system works.”

Some conservatives, meanwhile, cheered the president for ramping up his focus on an issue that helped push him to victory in 2016. “The clip of convicted cop murderer Luis Bracamontes laughing in a Calif. court is something every American should see,” Fox News host Laura Ingraham wrote in a tweet.

Republican strategists say Trump’s immigration push is helping the party here in Missouri, where state Attorney General Josh Hawley is trying to unseat Democratic Sen. Claire McCaskill. Race has been a sensitive issue in the state, which was rocked by unrest in 2014 after an unarmed 18-year-old African American man was fatally shot by a white police officer in Ferguson, Mo.

Ahead of his rally here Thursday in Columbia, the speakers blared “We Are The World,” Michael Jackson’s ode to peace and inclusiveness. Several white supporters interviewed at the event rejected the notion that the president is racially divisive — and they said they resented the very suggestion.

“He’s not a racist president and I’m not a racist,” said Meredith Leon, 65, a retired small-business owner from Columbia. “We want law and order and justice for all people. I’m fed up with everything being race, race, race. Fed up!”

David Ewing, 59, a farmer in Tebbetts, Mo., said he supports Trump’s immigration agenda “100 percent.”

“I don’t think he’s racist,” Ewing said. “It’s just the far left trying to do anything they can to stop him. I ignore them, really.”

As Trump has intensified his rhetoric, a growing number of Republican candidates across the country have followed suit. Some feature graphic anti-immigrant messages and images in their campaign ads, while others have been accused of inciting anti- Semitic or anti-Muslim sentiment.

In Tennessee, a recent ad for Republican Senate nominee Marsha Blackburn features footage of the caravan and warns that it includes “gang members, known criminals, people from the Middle East, possibly even terrorists.” The ad also slams Blackburn’s Democratic opponent, Phil Bredesen, for stating that the caravan is “not a threat to our security.”

An ad released Thursday by Pennsylvania Republican gubernatorial nominee Scott Wagner features ominous music along with footage of the caravan. “A dangerous caravan of illegals careens to the border, two more behind it, and liberal Tom Wolf is laying out the welcome mat,” the ad declares, referring to the state’s Democratic governor.

A Facebook ad being run by the campaign of Rep. Rob Woodall (R-Ga.) features a photo of three heavily tattooed Latino men with the message, “I will protect Georgia from violent criminal gangs.”

And in California, the campaign of Rep. Duncan D. Hunter (R-Calif.), who has been indicted on charges of alleged misuse of campaign funds, has called his opponent, Ammar Campa-Najjar, a “national security threat” with “close family connections” to Islamist militant groups. The 29-year-old Democrat’s grandfather, who died 16 years before he was born, was a key planner of the 1972 attack on Israeli athletes at the Munich Olympics. Campa-Najjar has condemned the attack.

“Instead of making an affirmative case for his own record, he’s trying to disparage the character of a fellow American,” Campa- Najjar said in an interview. “I think that speaks volumes about his policy record.”

The messaging has filtered down to local races as well. In Connecticut, a mailer recently sent out by Republican state Senate nominee Ed Charamut’s campaign depicts Democrat Matthew Lesser as holding a wad of money with a crazed look in his eyes. Lesser is Jewish, and the ad has been denounced for promoting anti-Semitic stereotypes.

After first defending the ad, Charamut’s campaign later issued an apology to Lesser, acknowledging that “the imagery could be interpreted as anti-Semitic.”

Some candidates who have long made inflammatory remarks on immigration and race have found themselves facing a backlash in recent days. Rep. Steve King (R-Iowa), who met in August with representatives of a far-right Austrian party and declared that “Western civilization is on the decline,” was publicly rebuked Tuesday by Rep. Steve Stivers (R-Ohio), the head of the National Republican Congressional Committee. King, who previously retweeted a self-described “Nazi sympathizer” and endorsed a Toronto mayoral candidate who appeared on a neo-Nazi podcast, has also seen companies such as Land O’Lakes withdraw their support for his campaign.

Trump’s rhetoric also has prompted outrage from a handful of lawmakers from his party, particularly those who are departing Congress or are in Democratic-leaning districts. Republican leadership has largely remained silent.

Sen. Jeff Flake (R-Ariz.), a frequent critic of Trump who is retiring at the end of his current term, said in a tweet Thursday that the ad featuring Bracamontes was “sickening” and that “Republicans everywhere should denounce it.”

Rep. Carlos Curbelo (R-Fla.), whose district was won by Hillary Clinton by 16 points in 2016, said on CNN that while he hadn’t seen the ad, it was “definitely part of a divide-and-conquer strategy that a lot of politicians, including the president, have used successfully in the past.”

“I hope this doesn’t work,” Curbelo said. “I hope that type of strategy starts failing in our country, but that’s up to the American people.”

Sonmez reported from Washington. Sean Sullivan, Matt Viser and Eli Rosenberg in Washington contributed to this report.

Philip Rucker is the White House Bureau Chief for The Washington Post. He previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local news reporter.

Felicia Sonmez is a national political reporter covering breaking news from the White House, Congress and the campaign trail. She was previously based in Beijing, where she worked for Agence France-Presse and The Wall Street Journal.

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

I always find it interesting when individuals who support, promote, and enable racist agendas “bristle” when confronted with the truth about their actions. Jeff Sessions is one great example of that phenomenon. But, it is what it is. Trump and his brand of GOP are running on an overtly racist platform; support for Trump simply can’t be detached from the reality of what he promotes and stands for — hate, dishonesty, intolerance, and frankly, a very grim future for a country that can’t get its act together and celebrate and use the skills, creativity, dedication, and humanity of all of its inhabitants. Whether you are conservative or liberal, the Trump platform of racism and hate can’t possibly be the keys to success as a nation. We need responsible moral leadership in American. It certainly can’t come from Trump or the GOP at this time in our history.

Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!

PWS

11-02-18

WONG KIM ARK: The Case Where The Supremes Rebuffed The Racist Attack On Birthright Citizenship!

https://www.huffingtonpost.com/entry/chinese-cook-case-birthright-citizenship_us_5bd9ecf5e4b0da7bfc1689d6

Kimberly Yam reports for HuffPost:

During a time of rampant anti-Chinese sentiment, the Supreme Court ruled anyone born in the U.S. is automatically a citizen.

By Kimberly Yam

As immigrants and their families continue to grapple with Donald Trump’s intent to end birthright citizenship, one Chinese-American’s 1898 case makes the prospect of such a move not so simple.

Wong Kim Ark, a restaurant cook who was born in San Francisco, was barred from reentering the U.S. after a trip to visit his parents in China. Ark was arrested, and his case eventually made it to the Supreme Court, where judges ruled that under the 14th Amendment, anyone born in the U.S. is automatically a citizen.

Though Trump claimed he could sign an executive order to revoke the current birthright citizenship policy, Ark’s case set a precedent that’s remained the law of the land for more than a century. In fact, the policy could likely only be changed through a constitutional amendment.

“The bigger issue for us as a country is how do we create more pathways to citizenship, not whether we should cut it off,” Aarti Kohli, executive director of Advancing Justice ― Asian Law Caucus, told HuffPost. We have a lot of people who already call America home who should have the opportunity to become citizens.

DEPARTMENT OF JUSTICE/NATIONAL ARCHIVES

Wong Kim Ark, a cook born in San Francisco, was barred from reentering the U.S. after visiting his parents in China.

Ark’s parents had arrived in the U.S. from China during a time of fierce anti-Chinese sentiment. The era had birthed the Chinese Exclusion Act, legislation that put a 10-year moratorium on Chinese labor immigration. The act also barred courts from granting Chinese immigrants citizenship.

Ark’s parents came to the country seeking U.S. citizenship but eventually left after the act had cut off any pathway to citizenship status. They had also feared the vigilante violence that often targeted Chinese immigrants at the time. In fact, the largest lynching in American history occurred in 1871. Hundreds had descended upon Los Angeles’ Chinatown, and the mob lynched an estimated 17 to 20 Chinese immigrants.

But Ark himself had a life in the United States, and, though he had traveled to China before and had been readmitted into the U.S. without any issues, his 1895 trip presented a host of problems. Authorities ordered the Chinese-American to return to the ship.

Chinese immigrant aid organization Six Companies stepped in to provide Wong legal help. Wong’s lawyer, Thomas D. Riordan, argued that the cook’s reentry into the U.S. was protected under the 14th Amendment. As the case escalated to federal court, immigration hard-liners fought back, claiming Ark’s “accident of birth” didn’t mean citizenship.

In the end, the U.S. Supreme Court ruled in favor of Ark.

“If the Trump administration issued an executive order, it would be immediately challenged in the courts, and judges would likely rely on Wong Kim Ark to find the executive order unconstitutional,” Kohli said.

Many conservatives and even officials appointed by Trump himself disagree with the president’s stance on birthright citizenship.

“The plain meaning of this language is clear,” James Ho, whom Trump appointed as a federal appeals court judge, wrote in 2011 of the 14th Amendment.

Ho, then a solicitor general of Texas, wrote that “a foreign national living in the United States is ‘subject to the jurisdiction thereof’ because he is legally required to obey US law.”

House Speaker Paul Ryan (R-Wis.) addressed Trump’s comments, telling a Kentucky radio station earlier this week that “you cannot end birthright citizenship with an executive order” ― to which Trump responded that Ryan “knows nothing about” birthright citizenship.

Kohli pointed out that those who oppose birthright citizenship are in the minority.

“It’s clear that most Americans have embraced birthright citizenship and believe that anyone who is born here should have the right to be a citizen. A few political leaders are trying to further a white supremacist agenda and create a ‘fix’ to a problem that doesn’t exist,” she said.

What’s more, “Many scholars have noted that birthright citizenship has helped the U.S. integrate each new wave of immigrants as their children are recognized as U.S. citizens.”

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

While some have made the specious argument that Wong Kim Ark didn’t resolve the question for all time because his Chinese parents were legally residing in the U.S. at the time of his birth, that particular fact was not found to be significant or determinative by the Court. The sole exception they carved out was for foreign diplomatic officials and occupying enemy aliens in time of war, neither of whom were subject to the jurisdiction of the US. But, as former DOJ immigration litigator Leon Fresco has pointed out elsewhere, undocumented residents of the U.S. are subject to the jurisdiction of the U.S. legal system in the numerous ways — most notably, they can be arrested, detained, removed, convicted, imprisoned, and are required to comply with all other laws applicable to persons in America. Indeed, most of them pay taxes in some form or another. Moreover, the absurdist arguments advanced by Trump and his White Nationalist restrictionists would effectively deprive the U.S. of jurisdiction to enforce immigration and criminal laws against undocumented residents!

PWS

11-01-18

TRUMP, HIS SUPPORTERS, & ENABLERS TAKE US BACK TO AMERICA’S DARKEST DAYS OF RACISM & XENOPHOBIA – Echoes Of Dred Scott & The Chinese Exclusion Laws Embodied In Disingenuous Push To Change Birthright Citizenship By Either “Executive Order” Or Unconstitutional Legislation!

https://www.washingtonpost.com/news/global-opinions/wp/2018/10/31/trump-takes-us-back-to-the-darkest-days-of-american-xenophobia/

John Pomphret writes in the Washington Post:

Global Opinions

Trump takes us back to the darkest days of American xenophobia

President Trump has astonished legal scholars with his claim that he can end birthright citizenship with a swipe of his pen. (Andrew Harnik/AP)

By John Pomfret

October 31 at 2:44 PM

President Trump’s vow to deny citizenship to children born in the United States to women in the country illegally not only harks back to the 1898 Supreme Court case that supposedly decided the issue for all time. He and the rest of his immigration allies also sound like the very people back then who made it their goal to make America white.

When Wong Kim Ark returned from China to San Francisco, the city of his birth, in August 1895, he was denied entry into the United States on the grounds that even though he had been born in America, the chief immigration official of the United States didn’t believe you could be both Chinese and American. That immigration official, John H. Wise, a prominent Democrat and a son of the South, had been appointed to his position as collector of the customs a few years earlier. Wise called himself a “zealous opponent of Chinese immigration” and set out to vigorously enforce the Chinese Exclusion Act, a 1882 law that banned from America all Chinese laborers. It was the first law ever to block a specific ethnic group from entry into the United States.

Democrats and union leaders were solidly behind the Exclusion Act, seeing as a threat to the white working class the industrious Chinese miners, grocery store owners, vegetable growers and traveling doctors who had populated the West. The Democrats were supported by California’s Workingmen’s Party, founded by a firebrand Irish immigrant named Denis Kearney, who organized raucous and often violent rallies around the state where the crowd would howl “The Chinese Must Go” and call for building a wall on the southern border (sound familiar?) because they believed Chinese immigrants were sneaking in from Mexico, according to archival material.

In San Francisco, Wise embraced all sorts of tactics to stop the Chinese from entering the United States. When confronted with Chinese American citizens, he demanded they provide two white witnesses who could attest to their citizenship. His agents gave English-language tests, history quizzes and geographical exams to those wishing to return to America. Wise took sadistic pleasure in denying Chinese entry, penning poems about court victories to the immigration lawyers he had beaten. “So just to make this poor Wong Fong / feel very good and nice,” went one ditty, “I’ve sent him back to China, where he can eat his mice.”

Wise opposed the idea that Chinese people should be allowed to become Americans in part because the Naturalization Act of 1870 had barred Asians from becoming naturalized Americans, reserving that right only for whites, Native populations and blacks. In 1884, Wise and his agents blocked a Chinese American man from reentering America but lost the case in district court. In August 1895, Wise got his chance again when 21-year-old Wong Kim Ark arrived in San Francisco. Wise claimed that even though Wong had been born in San Francisco in 1873, he was not really a citizen.

The fight for birthright citizenship in America

In 1898, the Supreme Court ruled that citizenship belonged to everyone born on American soil.(The Washington Post)

To defend Wong, the Chinese Benevolent Association hired one of the city’s best attorneys. The U.S. government turned to Henry S. Foote, a former Confederate soldier who had served time as a prisoner of war during the Civil War. Foote asked whether any Chinese “by accident of birth” could ever become citizens if their parents were not and could never become naturalized citizens of the United States.

Trump’s rant about immigrants from “shithole countries” echoed Foote’s argument. Foote noted that Wong’s “education and political affiliations” were “entirely alien” to the United States. He was not and never could become an American, Foote said, but rather a “Chinese person and a subject of the Emperor of China.” Indeed, allowing Wong, who spent five months incarcerated on various steamships off the U.S. coast, into the United States would be dangerous, Foote argued, because Asians “must necessarily be a constant menace to the welfare of our country.”

Foote lost the case in district court, but the government decided to appeal, losing in the Supreme Court in a 6-to-2 decision in March 1898. Following the case, local worthies in San Francisco worried that the decision would tempt America’s minorities to angle for more rights. Two days after the verdict, the San Francisco Chronicle frettedthat Japanese and Native Americans might even demand the right to vote. Perhaps, the paper suggested, an amendment to the Constitution to limit “citizenship to whites and blacks” might roll that back.

Things would not improve for decades for Chinese Americans and for Asian Americans in general. By 1924, the United States had constructed a web of legislation that effectively barred any Asian immigration. It would stay in place until World War II, when the United States was shamed into dismantling the ban by its ally China. Still, Trump and his advisers look to the time when the United States locked its doors to immigration as a golden era. No wonder his rhetoric sounds so familiar.

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

Leave it to Trump, his supporters, and those who enable him to pump life into a toxic argument has long been a rallying point for xenophobes, racists, restrictionists, and others happy to support an attack on racial minorities in the U.S. Today it’s Hispanics in the crosshairs of the haters; yesterday it was African-Americans and Asians. But, the ugly motivation and the legal manipulations to justify racism and xenophobia remain the same. And no, we can’t disconnect all of the legal arguments from their social context. These aren’t just legal questions; they are moral and political ones. Lending support to Trump and his campaign of hate and racism is what it is.

As Katherine Culliton-Gonzalez said in her excellent article “Born in the Americas: Birthright Citizenship and Human Rights,” published in the Harvard Human Rights Journal in 2012:

Furthermore, none of the legal, academic, and policy debates about

birthright citizenship should be separated from their clear context of attempting

to limit access to citizenship for the children of Latino immigrants.

Human rights law requires such an analysis. The historical context

must also be taken into account. As will be discussed herein, the Fourteenth

Amendment was enacted to prevent discrimination against people of color,

including immigrants of color. For many years, throughout different waves

of immigration, birthright citizenship was the law of the land. It is no

coincidence that birthright citizenship for children of undocumented immi

grants is being seriously challenged now that the 2010 Census found that

23% of children in the United States are Hispanic, and many of their parents

are immigrants. In addition, advocates for retracting birthright citizenship

frequently rely on negative stereotypes about immigrant women. [Citations Omitted].

Culliton-Gonzalez

Amen.

PWS

11-01-18

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These “Interim Regs” are 78 pages of pure legal gobbledygook, bureaucratic doublespeak, and irrelevant and intentionally misleading stats purporting to “justify the unjustifiable.” So, I’ll make this simple.

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First, he trashed the 1stAmendment by attacking, insulting, demeaning, and revoking the White Press credentials of CNN Correspondent Jim Acosta while fabricating an alleged “incident” involving Acosta that both national TV recordings and dozens of eye-witnesses testify never happened;

Third, while half-heartedly saying he would be willing to work with House Democrats, he then threatened them with retaliation if they had the audacity to exercise their Constitutional authority to investigate him and his corrupt Administration;

🤡🤡🤡🤡🤡

PWS

11-06-18

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Immigration Court Backlog Surpasses One Million Cases

Pending Cases Represent More Than Five Years of Backlogged Work

Why Does the Backlog Continue To Rise?

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PWS

11-06-18

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‘A very tough moment’

‘We were limited’

‘Change will come’

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Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!

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Trump takes us back to the darkest days of American xenophobia

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First, he trashed the 1^stAmendment by attacking, insulting, demeaning, and revoking the White Press credentials of CNN Correspondent Jim Acosta while fabricating an alleged “incident” involving Acosta that both national TV recordings and dozens of eye-witnesses testify never happened;