Tag: immigrationcourtside

WashPost: H-1B Review Part Of EO On Jobs To Be Signed In Badgerland On Tuesday!

https://www.washingtonpost.com/news/wonk/wp/2017/04/17/after-a-series-of-flip-flops-trump-prepares-to-deliver-on-a-key-campaign-pledge/?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.505868d54ef2

Tracy Jan and Max Ehrenfreund report:

“President Trump plans to sign an executive order in Wisconsin on Tuesday that the White House says will make it harder for tech companies to replace American workers with cheaper foreign labor, and will strengthen rules barring foreign contractors from bidding on government projects, according to senior administration officials.

The officials, in a background call with reporters, said Trump will direct the Departments of Labor, Justice, State and Homeland Security to crack down on fraud and abuse in guest-worker programs by issuing new immigration rules.

The president will also direct the Department of Commerce to review federal procurement rules and trade agreements with a view to putting American firms at an advantage when it comes to winning contracts.

The officials pitched the twin directives as benefiting working- and middle-class Americans who have suffered for too long under unfair trade and immigration rules.

“This is the policy that ensures no one gets left behind in America anymore — that we protect our industry from unfair competition, favor the products produced by our fellow citizens and make certain that when jobs open those jobs are given to American workers first,” the White House said in a statement.

It was not immediately clear how much the administration could accomplish without cooperation from Congress.

“Sweeping changes are going to require congressional action,” said Lynden Melmed, an immigration attorney who had served as U.S. Citizenship and Immigration Services chief counsel within the Department of Homeland Security under President George W. Bush.

However, industry experts said Trump’s executive order was a good first step to protecting the U.S. defense industrial base, and U.S. firms that do business with the federal government.

“It’s one of the few presidential exertions in recent time, that holds out the hope of saving U.S. industrial jobs,” said Loren Thompson, a defense industry consultant and the chief operating officer of the Lexington Institute in Arlington.”

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

PWS

04-18-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. TRUMP ADMINISTRATION LARGELY IGNORES POPULAR PROGRAM FOR REDUCING UNDOCUMENTED EMPLOYMENT!
  3. TRUMP ADMINISTRATION’S WAR ON AMERICA — Proposals To Restrict Student Visas & Reduce Legal Immigration Will Hurt Economy, National Standing
  4. THE ECONOMY: What America REALLY Needs: More Legal Workers, No More “Gonzo” Immigration Enforcement — More Immigrant Workers Needed To Save Our Economy — And They Don’t Have To Be Rocket Scientists & PhDs: Construction & Service Industries That Support US Economy Need “Entry Level” Workers!

LA TIMES: Trump’s Hard Line Immigration Positions Fueled His Election, But Could Cause His Downfall — Restrictionists On The Wrong Side Of Public Opinion (& History) — Will “Counter-Mobilization” Match Restrictionists’ Energy & Organization At Election Time?

http://www.latimes.com/opinion/op-ed/la-oe-klinker-immigration-election-20170417-story.html

Philip Klinkner writes in an op-ed:

“Ever since he announced his presidential campaign in July 2015, Donald Trump has made opposition to immigration central to his political strategy — and pundits have debated whether this strategy was effective. He won, of course, but did he win despite his aggressive rhetoric, or because of it?

Data from the recently released American National Election Study has finally provided an answer: Immigration was central to the election, and hostility toward immigrants animated Trump voters.

Comparing the results of the 2012 and 2016 ANES surveys shows that Trump increased his vote over Mitt Romney’s on a number of immigration-related issues. In 2012 and 2016, the ANES asked respondents their feelings toward immigrants in the country illegally. Respondents could rate them anywhere between 100 (most positive) or 0 (most negative). Among those with positive views (above 50), there was no change between 2012 and 2016, with Romney and Trump each receiving 22% of the vote. Among those who had negative views, however, Trump did better than Romney, capturing 60% of the vote compared with only 55% for Romney.

Attitudes toward immigrants in the country illegally speak to why some voters switched parties between 2012 and 2016. Among those who voted in both elections but didn’t switch their vote, the average rating of immigrants in the country illegally was 42. Among those who switched from Romney to Hillary Clinton, it was 41. But those who switched their vote from President Obama to Trump were much more negative, with an average rating of only 32.

However, Trump’s support wasn’t limited to just those who oppose immigrants residing in the country illegally — he also picked up votes among those who want to limit all immigration to the United States. In 2012, Romney received 58% of the vote among those who said they think that “the number of immigrants from foreign countries who are permitted to come to the United States” should be decreased. In 2016, Trump got 74% of the vote among those who held this view.

Overall, immigration represented one of the biggest divides between Trump and Clinton voters. Among Trump voters, 67% endorsed building a southern border wall and 47% of them favored it a great deal. In contrast, 77% of Clinton voters opposed building a wall and 67 % strongly opposed it.

. . . .

Trump won in 2016 by mobilizing the minority of Americans with anti-immigration views — but only because he avoided an offsetting counter-mobilization by the majority of Americans with pro-immigration views. Now that he is president and his immigration views can’t be dismissed as mere campaign rhetoric, that counter-mobilization may finally be manifesting itself.

Widespread protests against Trump’s executive order barring individuals from several Muslim countries, congressional skepticism about the effectiveness and cost of Trump’s proposed wall, and increased awareness of the negative effect that his policies are having on U.S. businesses, schools and families suggest a growing backlash. Should that backlash develop and sustain itself, the immigration views that helped Trump in 2016 might prove to be his undoing.”

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

I’ve commented that notwithstanding Trump’s outrageous statements about immigrants, and the racist, white nationalist tinge to many of his supporters’ rallies, the passion and organization of the opposition that has appeared since the inauguration seems to greatly exceed that displayed by Hillary supporters during the election, when it probably would have made a material difference in the outcome.

And, yes, racism does appear to have been a significant factor driving a portion of the Trump electorate. See this article by Thomas Wood in the Washington Post “Racism motivated Trump voters more than authoritarianism” https://www.washingtonpost.com/news/monkey-cage/wp/2017/04/17/racism-motivated-trump-voters-more-than-authoritarianism-or-income-inequality/?utm_term=.9942049017ca.

PWS

04-17-17

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. LA TIMES: MAJORITY OF CALIFORNIANS VALUE MIGRANTS (REGARDLESS OF STATUS) — OPPOSE TRUMP ADMINISTRATION’S “GONZO” IMMIGRATION ENFORCEMENT!

USA TODAY: Even Without Trump’s “Fully Enhanced” Enforcement, U.S. Immigration Courts Are Drowning In Cases — Limits On “Prosecutorial Discretion” By DHS Already Adversely Affecting Dockets!

https://www.usatoday.com/story/news/2017/04/17/immigration-courts-new-rules-trump/98674758/

Rick Jervis, Alan Gomez, and Gustavo Solis report:

“In San Antonio, an immigration judge breezes through more than 20 juvenile cases a day, warning those in the packed courtroom to show up at their next hearing — or risk deportation.

A Miami immigration lawyer wrestles with new federal rules that could wind up deporting clients who, just a few weeks ago, appeared eligible to stay.

Judges and attorneys in Los Angeles struggle with Mandarin translators and an ever-growing caseload.

Coast to coast, immigration judges, prosecutors and defense attorneys are straining to decipher how the federal immigration rules released in February by the Trump administration will impact the system — amid an already burgeoning backlog of existing cases.

 

The new guidelines, part of President Trump’s campaign promise to crack down on illegal immigration,  give enforcement agents greater rein to deport immigrants without hearings and detain those who entered the country without permission.

But that ambitious policy shift faces a tough hurdle: an immigration court system already juggling more than a half-million cases and ill-equipped to take on thousands more.

“We’re at critical mass,” said Linda Brandmiller, a San Antonio immigration attorney who works with juveniles. “There isn’t an empty courtroom. We don’t have enough judges. You can say you’re going to prosecute more people, but from a practical perspective, how do you make that happen?”

Today, 301 judges hear immigration cases in 58 courts across the United States. The backlogged cases have soared in recent years, from 236,415 in 2010 to 508,036 this year — or nearly 1,700 outstanding cases per judge, according to the Transactional Records Access Clearinghouse, a data research group at Syracuse University.

Some judges and attorneys say it’s too early to see any effects from the new guidelines. Others say they noticed a difference and fear that people with legitimate claims for asylum or visas may be deported along with those who are criminals.

USA TODAY Network sent reporters to several immigration courts across the country to witness how the system is adjusting to the new rules.”

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

Read the entire article, with reports from the Miami, Los Angeles, and San Antonio U.S. Immigration courts at the above link.

As I mentioned in the previous post, http://wp.me/p8eeJm-IG, one of the ways the Trump Administration apparently plans to deal with the U.S. Immigration Court “bottleneck” is by avoiding the court altogether through expanded use of “Expedited Removal” before DHS officers.

Additionally, Attorney General Jeff Sessions has announced plans to “streamline” the existing hiring process for U.S. Immigration Judges and to seek an additional 125 Immigration Judges over the next tow years (although those new judgeships would require congressional approval). http://wp.me/p8eeJm-Gp

PWS

04-17-17

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. GONZO’S WORLD: HE FIDDLES AS ROME BURNS! — Threats To Judges, Xenophobia, Racism, Cutting Corners, Dissing Respondents & Their Lawyers, Bogus Numbers, Aimlessly Adding Bodies Fail To Stem Tide Of Backlogged Cases In An Obviously Broken System — When Will Congress &/Or The Article IIIs Do Their Jobs By Restoring Due Process, Impartiality, & Competent, Apolitical Court Management To This Sorry Caricature Of A Court System?
  3. MICA ROSENBERG, READE LEVINSON, & RYAN McNEILL EXPOSE UNEQUAL JUSTICE & ABUSE OF VULNERABLE ASYLUM SEEKERS FROM “COURT” SYSTEM LACKING BASIC JUDICIAL INDEPENDENCE! Sessions’s Chilling Response: Speed Things Up, Establish Deportation Quotas, Strip Asylum Seekers Of Rights To Due Process, Eliminate Professional Judicial Training, & Aimlessly Throw More Inexperienced, Untrained Judges Into This Mess! – Will He Get Away With His Atrocious Plan To Make Immigration Courts The “Killing Floor?” — AN IN-DEPTH LOOK AT THE TRAVESTY OF JUSTICE UNFOLDING IN U.S. IMMIGRATION COURT ON A DAILY BASIS!
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”

DEPORTATION EXPRESS: U.S. Courts Appear Ready To “Green Light” Summary Removal Of Asylum Seekers Without Regard To Due Process — Advocates Striking Out In Attempts To Get Meaningful Judicial Review Of Expedited Removal — Trump Administration’s Plans To Expand Expedited Removal Likely To Deny Thousands Day In Court!

http://www.cnn.com/2017/04/17/politics/supreme-court-castro-expedited-removal/index.html

By Ariane de Vogue, CNN Supreme Court Reporter  writes:

“(CNN)The Supreme Court on Monday left in place a lower court opinion rejecting claims by undocumented Central American women and children — who were apprehended immediately after arriving in the country without authorization — seeking asylum.

Lawyers for the families sought to challenge their expedited removal proceedings in federal court arguing they face gender-based violence at home, but a Philadelphia-based federal appeals court held that they have no right to judicial review of such claims.
The court’s action means the government can continue to deny asylum seekers placed in expedited removal a chance to have their cases heard by federal court.
Justice Neil Gorsuch, who has his first full week on the court starting Monday, did not participate in the decision.
The case, initially brought under the Obama administration, comes as the Trump administration has vowed to more strictly enforce immigration laws.
Originally, 28 mothers and their children entered the US border in Texas in late 2015. They were immediately placed in expedited removal proceedings. Represented by the American Civil Liberties Union, they argue they suffered “gender-based violence, including sexual assault, by men from whom they could not escape” and that they were targeted by gangs because “they are single women residing without a male household member to protect them.” They sought to challenge their removal proceedings in federal court, arguing that they did not receive substantive procedural rights to which they were entitled.
A federal appeals court ruled against the petitioners, arguing that Congress could deny review for those who have been denied initial entry into the country who were apprehended close to the border. The court essentially treated the petitioners as equal to those who arrived at the border but had not yet entered.
“We conclude that Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien’s application for admission to the country, at least as to aliens who have been denied initial entry or who, like Petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country,” wrote the majority of the Third Circuit Court of Appeals.
****************************************
Here’s a link to the Third Circuit’s decision in Castro v. DHS: http://www2.ca3.uscourts.gov/opinarch/161339p.pdf
******************************************
This could be the real “sleeper” in the Trump Administration’s “get tough” immigration enforcement plan. Given the 540,000+ backlog in the U.S. Immigration Courts, the Administration appears to be looking for ways to circumvent the court process entirely wherever possible.
DHS could easily change the existing regulations to “max out” so called “Expedited Removal” by DHS enforcement officers by applying it to everyone unable to establish at least two years’ continuous residence in the U.S. (Currently, the cutoff is 14 days if apprehended within 100 miles of the border.)
Even individuals who meet the two-year requirement could be subsumed in the Expedited Removal regime. Without a right to be represented by counsel, to have a full hearing before an impartial decision maker, and to appeal to the Article III Federal Courts, an individual wrongly placed in the expedited process would have little chance of avoiding summary removal without a chance to apply for relief that might be available before the Immigration Court.
While the Supreme Court’s refusal to grant certiorari in Castro is not a decision on the merits, to date no circuit has ruled in favor of the claimants. Unless and until that happens, it is unlikely that the Supremes will even consider the advocates’ arguments for at least some degree of judicial review of Expedited Removal.
PWS
04-17-17

Related posts:

  1. JOURNAL ON MIGRATION & HUMAN SOCIETY (“JMHS”) PUBLISHES MY TRIBUTE TO JUAN OSUNA (1963-2017): “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era”
  2. HALLOWEEN HORROR STORY: Opaque & Biased Politicized Judicial Hiring Denies Migrants The Fair & Impartial Adjudication To Which They Are Constitutionally Entitled – Given The Generous Legal Standards, A Worldwide Refugee Crisis, & Asylum Officers’ Positive Findings In Most Cases, Asylum Seekers Should Be Winning The Vast Majority Of Immigration Court Cases — Instead, They Are Being “Railroaded” By A Biased System & Complicit Article III Courts!
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”

SHOCKING! WAR IS HELL! — Carnage In Aleppo, Syria — “Before & After” In Pictures!

From BabaMail.com:

“We all know that war is a bitter experience that takes lives and ruins cultures, grinding them to dust. But sometimes we are desensitized to its true devastating effects, particularly in far-flung places like the Middle East. The news makes it feel as though the region has always existed in harm, and has never enjoyed stability. However, if you look at the these 14 images of Aleppo, Syria, as it was prior to the Syrian civil war breaking out, then click on them to see what it looks like today, you will suddenly feel the astonishing and heartbreaking change that has overcome what was recently a perfectly normal nation.”

See the “interactive” picture display here: http://www.ba-bamail.com/content.aspx?emailid=25443

Thanks to Nolan Rappaport for forwarding this.

PWS

04-17-17

Related posts:

  1. SYRIA/HUMAN RIGHTS: Firing Missiles To Solve A Humanitarian Crisis, While Ignoring The Plight Of Syrian Refugees Makes Little Sense — But It Does Serve To Undermine U.S. Moral Leadership — By Turning His Back On Syrians Who Could Be Saved, Trump Made The Situation Worse!
  2. SYRIAN REFUGEE HYPOCRISY: I’m Not The Only One To Notice The Moral Disconnect In Shooting Missiles While Ignoring The Plight Of Millions Of Vulnerable Syrian Civilian Refugees, Many Children!
  3. THE WORLD HAS MORE REFUGEES THAN AT ANY TIME SINCE WWII; REFUGEES NEED THE U.S. TO SAVE THEM & WE NEED REFUGEES’ ENERGY, BRAVERY, & TALENTS! — THE RESPONSE OF WHITE NATIONALISTS LIKE MILLER & SESSIONS IS TO RECOMMEND CUTTING REFUGEE ADMISSIONS TO AN ALL-TIME LOW OF 15,000! — Don’t Let These Racist Xenophobes Get Away With It!
  4. FORMER DHS SEC MIKE CHERTOFF TELLS HOW CUTTING REFUGEE ADMISSIONS HURTS AMERICA AND ENDANGERS NATIONAL SECURITY!

HERE IT IS! — The “Gibson Report” For April 17, 2017!

Gibson Report — April 17, 2017

Thanks again to Elizabeth Gibson, former Arlington Immigration Court Intern and “Georgetown Law RLP’er” now Immigrant Justice Corps Fellow/Staff Attorney, Immigrant Protection Unit, New York Legal Assistance Group!

PWS

04-17-17

 

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT — 11-27-17
  3. THE GIBSON REPORT — 09-15-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

FLASH: Kushner Wins West Wing Battle! Bannon Banished To Basement! (On SNL) — WARNING: THIS IS FAKE NEWS! (But, Very Funny)

See Donald Trump (Alec Baldwin) choose Jared (Jimmy Fallon) over Steve Bannon (The “Little” Grim Reaper).

http://www.nbc.com/saturday-night-live/video/donald-trump-cold-open/3503043?snl=1

And, while you’re at it, watch Melissa McCarthy do “Spicey the Easter Bunny” apologizing while giving us a lesson in “Jewish History.”

http://www.nbc.com/saturday-night-live/video/easter-message-from-sean-spicer/3503046?snl=1

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

Happy Monday!

PWS

Related posts:

  1. SNL SCORES DIRECT HIT WITH “TRUMPSTER CHRISTMAS” — SIMULTANEOUSLY VERY FUNNY AND VERY FRIGHTENING!
  2. Spicey Returns, “Lester Holt” Interviews “Trump” On SNL — See Clips Here!
  3. LA TIMES EDITORIAL #5: “Conspiracy Theorist In Chief”
  4. GONZO’S WORLD: SNL BIDS ADIEU TO “EVIL ELF!” – See It Here!

“Don’t know much about history, Don’t know much biology, Don’t know much about science book, Don’t know much about the French I took . . . .” — Decades Of Anti-Science, Education Bashing, Dissing The Arts, And Anti-Intellectualism By The GOP Have Left Us With The Wasteland Of Donald Trump!

Quote from “Don’t Know Much About History,” Music & Lyrics By Sam Cooke http://www.songlyrics.com/sam-cooke/don-t-know-much-about-history-lyrics/

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

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2017/04/14/daily-202-trump-doesn-t-know-much-about-history-it-s-making-his-on-the-job-training-harder/58f06ba2e9b69b3a72331e84/?utm_term=.19018fb0f4f4

James Hohmann writes in the Washington Post:

“THE BIG IDEA: Donald Trump believed he could convince China to pressure North Korea to stop its nuclear activities. Then President Xi Jinping tutored him on the history of the region.

“After listening for 10 minutes, I realized that it’s not so easy,” Trump told the Wall Street Journal on Wednesday, recounting the session at Mar-a-Lago. “You know, I felt pretty strongly that they had a tremendous power over North Korea. But it’s not what you would think.”

This comment is funny because, in 2011, Trump claimed that he has read “hundreds of books about China over the decades,” including works by Henry Kissinger, American journalists and Chinese novelists. Looking to do more business with Beijing, he provided a list of 20 books about China to Xinhua, the official Chinese news agency, that he said had helped him understand the country, its politics and its people. “I know the Chinese. I’ve made a lot of money with the Chinese. I understand the Chinese mind,” Trump said six years ago. His list had some surprising titles on it, including “Battle Hymn of the Tiger Mother.”

Color me skeptical that Trump has read anything by Amy Chua.

— Even if he has, the fact our president needed an introductory tutorial on Sino-Korean relations to understand how hard it is to contain Pyongyang is just the latest illustration of one of his blind spots: He and his inner-circle have very little sense of history.

— It is a cliché, but there is truth to it: Those who cannot remember the past are condemned to repeat it.

Donald Trump makes a dramatic entrance from inside the Lincoln Memorial during a “Make America Great Again” concert the night before his inauguration. (Jabin Botsford/The Washington Post)

— Trump has committed several small but memorable faux pas since the inauguration:

He mentioned Abraham Lincoln during a fundraising dinner for the National Republican Congressional Committee last month. “Most people don’t even know he was a Republican,” Trump said. “Does anyone know? Lot of people don’t know that!” (Most likely, every person in the ballroom knew and has attended at least one Lincoln Day dinner.)

On Lincoln’s birthday in February, Trump tweeted out an obviously fake quote from the 16th president: “In the end, it’s not the years in your life that count, it’s the life in your years.” He later deleted it.

“Frederick Douglass is an example of somebody who’s done an amazing job and is getting recognized more and more, I notice,” he said at a Black History Month event. (Douglass died in 1895.)

“Have you heard of Susan B. Anthony?” he asked at a Women’s History Month reception in March.

In January, Trump said Rep. John Lewis (D-Ga.) – who is best known for almost getting beaten to death as he marched on Bloody Sunday in Selma – is “all talk, talk, talk – no action or results.” There are things Lewis could be fairly criticized for, but no one who knows anything about the civil rights movement would agree that being “all talk” is one of them.

Donald Trump salutes after laying a wreath at the tomb of Andrew Jackson after touring The Hermitage in Nashville on March 15. (Nicholas Kamm/AFP/Getty Images)

— Those four gaffes were tailormade to go viral on social media, but the president has made other comments that perhaps better underscore his lack of depth on U.S. history. Only someone who doesn’t understand the ugly history of the 1930s, for example, could have so wholeheartedly embraced “America First” as a mantra, let alone made it a rallying cry in his inaugural address. The slogan was first popularized by Nazi sympathizers.

— Trump has embraced Andrew Jackson as his political idol, hanging his portrait in the Oval Office and even flying to Nashville on his 250th birthday to lay a wreath on his tomb. In a speech there, he identified with the seventh president because he took on the “arrogant elite.” “Does that sound familiar?” Trump said with a sly smile.

Yet the very next week, in Louisville, the president claimed the mantle of Henry Clay. “Henry Clay believed in what he called the ‘American system,’ and proposed tariffs to protect American industry and finance American infrastructure,” the president said in a long riff. “Like Henry Clay, we want to put our own people to work. … Clay was a fierce advocate for American manufacturing. … He knew all the way back, (in the) early 1800s, Clay said that trade must be fair, equal, and reciprocal. Boom!”

Anyone who has a passing familiarity with 19th century history knows how goofy it is to embrace both Jackson and Clay. “They were absolutely feral enemies,” Fergus Bordewich, a Clay biographer, told Time after Trump’s speech. “They absolutely hated each other. They shared almost no views in common.”

Sean Spicer listens to a reporter’s question during his daily briefing yesterday. (Jonathan Ernst/Reuters)

— Sean Spicer’s cringe-worthy comments this week that Syrian President Bashar al-Assad’s actions were worse than Adolf Hitler’s suggested a more endemic problem of historical illiteracy in the White House. The press secretary has since apologized for saying that Hitler “was not using the gas on his own people in the same way that Assad is doing.” He also referred to concentration camps as “the Holocaust centers.”

Because Spicer made his comment on the first day of Passover, the observant staff members at the Anti-Defamation League had their phones and televisions off. So they didn’t find out until Wednesday night what had happened. Leaders of the group reached out to the White House yesterday to offer a training session on the Holocaust. “The organization has taught classes on Hitler’s murderous campaign — which exterminated 6 million Jews and millions more LGBT people, Poles, socialists and others — to more than 130,000 law enforcement professionals and 35,000 teachers,” Julie Zauzmer reports. ADL is willing to offer a free session to Spicer or “anyone at the White House who may need to learn more about the Holocaust.” Spicer didn’t respond to an email about whether he’d do it.

— Trump has admitted that he is not intellectually curious. In a moment of candor, he told The Post’s Marc Fisher last summer that he has not read any biographies of presidents. He said he would like to someday but never has time. Then he explained that he does not need to read extensively because he reaches the right decisions “with very little knowledge other than the knowledge I [already] had, plus the words ‘common sense,’ because I have a lot of common sense.” Trump told Marc he is skeptical of experts because they can’t see the forest through the trees and lack his good instincts.

— This is a break with many of his predecessors. Barack Obama, George W. Bush and Bill Clinton all invited elite historians for private dinners at the White House. Each thought deeply about his place in history as he mulled weighty decisions. Bush, who majored in history at Yale, heavily employed historical analogies in his speeches. John F. Kennedy even hired Arthur Schlesinger Jr. to be his in-house historian.

Then-President Obama waits to speak at Nelson Mandela’s memorial service in Johannesburg. (White House Photo by Pete Souza)

— Trump’s very dark world view is one of the ways his lack of historical perspective manifests itself. David Nakamura contrasts how Obama and Trump see the world in a piece for today’s paper:

“Addressing the United Nations last fall, Obama took a moment to highlight for fellow world leaders what he called ‘the most important fact’ about the state of global affairs: Human existence on planet Earth is good — and getting better. War is down, he said, while life expectancy is up. Democracy is on the march, and science has beaten back infectious diseases. A girl in a remote village can download the ‘entirety of human knowledge’ on a smartphone. A person born today, Obama concluded, is more likely to be safer, healthier, wealthier and better-educated — and to see a path to prosperity — than at ‘any time in human history.’”

President Trump does not inhabit this world: “To Trump, the world is ‘a mess,’ as he said during a White House news conference this week. ‘It’s crazy what’s going on,’ Trump said. ‘Whether it’s the Middle East or you look at — no matter where — Ukraine — whatever you look at, it’s got problems, so many problems. Right now, it’s nasty.’”

“President Obama constantly reminded us that our own times are not uniquely oppressive,” said Douglas Brinkley, a presidential historian and author at Rice University. “There’s a feeling due to the 24-7 news cycle that everything is a crisis mode, when the fact of the matter is, Americans have it better now than ever before.”

During a town hall-style event with young people in Malaysia in September, Obama blamed the flow of information bombarding news consumers on televisions, computers and smartphones for making it appear “as if the world is falling apart.”“Everybody is shouting and everybody hates each other,” Obama said. “And you get kind of depressed. You think, ‘Goodness, what’s happening?’”

Trump, of course, consumes most of his news from cable television and Twitter.

What’s behind Trump’s growing flip-flops

 

President Trump is changing his tune on NATO, China’s currency, Syria and many other policies he campaigned on. The Post’s Jenna Johnson looks at why his stances have shifted now that he’s in the White House. (Jenny Starrs/The Washington Post)

— Bigger picture: One important reason the new president has flip-flopped so much in recent daysis because he has never grappled deeply or seriously with most issues. Trump has typically staked out whatever position was most politically expedient at that moment and then confidently argued for it, untethered by core convictions beyond a desire to make money, build his brand and win elections.”

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

Read Hohmann’s entire piece at the above link. Trump is the logical culmination of years of “know-nothingism” by the GOP.

PWS

04-16-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. THIRD WORLD AMERICA! – THE ATTACK OF THE SWAMP RATS! — Under Trump’s GOP, Americans Now Correctly View White House As The Most Corrupt Institution — But, Who Are The Fools Who Voted These Immoral Jokers Into Control?
  3. A PRESIDENCY WITHOUT INTELLIGENCE IS A THREAT TO OUR NATIONAL SECURITY: By Contrast, Individuals Seeking Asylum Through Our Legal System @ Our Southern Border Are No Such Thing — “None of the [U.S. intelligence] officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”
  4. CHINA PLANS TO RULE THE WORLD – TRUMP IS HELPING THEM! – As America Withdraws From Asian Trade, Shuns Foreign Talent, & Disses Clean Energy, The PRC Is Happy To Step In & Take Over Leadership!

HISTORY: Lest We Forget, The U.S. Justice System & The Supreme Court Have Sometimes Been On The Wrong Side Of History & Justice! — Remembering The Easter Sunday Massacre In Colfax, LA & The Racist Supremes’ Intentional Perversion Of The Constitution!

http://m.dailykos.com/stories/2017/4/16/1650660/-The-Easter-Sunday-massacre-in-Colfax-Louisiana-and-the-awful-Supreme-Court-decision-that-followed?detail=facebook

Denise Oliver Velez writes in the Daily Kos:

“When Christians think of the meaning of Easter Sunday, it symbolizes resurrection and hope. When I think of Easter Sunday in the black community, I think of all the ladies in their wonderful hats heading off to church. However, I don’t ever forget that Easter Sunday also marked one of the most horrible massacres of black citizens in U.S. history. It’s hard to erase the images in my mind of black bodies riddled with bullets, blown apart by cannon fire. They died at the hands of white supremacists who lost the Civil War but who won the years ahead, because they were able to destroy Reconstruction. I take a moment of silence and say a prayer for the dead, many of whose names we will never know.

This story from The Root on the Colfax Massacre, written by Dr. Henry Louis Gates Jr., gives the details. It’s worth reading in its entirety.

In Colfax, La., on Easter Sunday 1873, a mob of white insurgents, including ex-Confederate and Union soldiers, led an assault on the Grant Parish Courthouse, the center of civic life in the community, which was occupied and surrounded — and defended — by black citizens determined to safeguard the results of the state’s most recent election. They, too, were armed, but they did not have the ammunition to outlast their foes, who, outflanking them, proceeded to mow down dozens of the courthouse’s black defenders, even when they surrendered their weapons. The legal ramifications were as horrifying as the violence — and certainly more enduring; in an altogether different kind of massacre, United States v. Cruikshank (1876), the U.S. Supreme Court tossed prosecutors’ charges against the killers in favor of severely limiting the federal government’s role in protecting the emancipated from racial targeting, especially at the hands of the Ku Klux Klan.

Historians know this tragedy as the Colfax Massacre, though in the aftermath, even today, some whites refer to it as the Colfax Riot in order to lay blame at the feet of those who, lifeless, could not tell their tale. In his canonical history of the period, Reconstruction: America’s Unfinished Revolution, 1863-1877, Eric Foner has called the Colfax Massacre “[t]he bloodiest single instance of racial carnage in the Reconstruction era.”

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

What kind of folks would still have a racist historical marker like this in their community? What kind of state would permit it?

Interesting questions, because we now have an Attorney General, Jeff Sessions, who wants to turn civil rights enforcement and local police monitoring back over to the very states and localities with appalling records of racism, exclusion, and brutality directed at African Americans and other minority communities. In other words, Sessions actively seeks a return to U.S. Government inaction in the face of white supremacy, discrimination, and violation of minority rights.

While planning to turn his back on the legitimate responsibilities of the Federal Government to protect its citizens rights from overreaching by states and localities, Sessions disingenuously plans to force those states and localities which are trying to protect the rights of those in their communities to assist in Federal immigration enforcement.

PWS

04-16-17

 

 

Related posts:

  1. 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!
  2. COLBY KING @ WASHPOST: The “Original Dreamers” Were Disenfranchised African Americans! — “That fight must continue on behalf of today’s dreamers, the disenfranchised, the demeaned and left out, and all freedom-loving people in this nation.“
  3. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”
  4. GONZO’S WORLD: When The Attorney General Of The United States Is An “Equal Opportunity Hater” — NAACP’s Sherrilyn Ifill Says “Attorney General [Jeff] Sessions has made clear that he has no intention of investigating police departments for patterns and practices of discrimination. The Justice Department has essentially all but abandoned civil rights as a priority, and so they are no longer working as a partner with us.”

BIG ISSUE: Right To Counsel In Expedited Removal!

http://lawprofessors.typepad.com/immigration/2017/04/right-to-counsel-in-expedited-removal-amicus-brief-sign-on-request-for-attorneys-law-profs.html

ImmigratonProf Blog reports:

“Posted at the request of Kari Hong and Stephen Manning:

“We are authoring an amicus brief supporting access to private counsel in expedited removal.  In United States v. Peralta-Sanchez, 847 F.3d 1124 (9th Cir. 2017),the Ninth Circuit (2-1) held that there is no statutory or constitutional right for non-citizens to have access to counsel in expedited removal proceedings.  The brilliant federal defender Kara Hartzler argued the case and filed an en banc petition.

 This amicus brief filed by law professors, practitioners, and clinicians supports the request of Mr. Peralta-Sanchez for a recognized right to access to counsel.
The amicus brief makes three points (1) There is a significant private interest at stake given that expedited removal extends to those with claims to potential remedies (including asylum seekers and long-term residents), to those whom are mistakenly found not to have status when they are citizens or lawful permanent residents, and to those who live within 100 miles of the border, which reaches 66% of the U.S. population; (2) The right to counsel will improve accuracy of the determinations made in expedited removal proceedings to correct these recent and documented errors.  A 2016 study documented a substantial rate of success for immigrants with representation compared to those without in other immigration proceedings.  All reasonable inferences then support that the presence of counsel will ensure that those entitled to protections due in expedited removal proceedings will receive then; (3) The costs to the Government if non-citizens are permitted to hire private counsel are minimal.  Any delay arising from the adjudication of expedited removal proceedings form the presence of counsel arises as individuals entitled to protections simply receive them.  There is no compulsion for the Government to incur the costs of detention when alternatives to detention are available, less costly, more humane, and as effective.  There is no compulsion for the Government to hire a new corps of attorneys to contest these adjudications.  The USCIS routinely processes claims by non-citizens, including those with private counsel.  No disadvantage to the Government has occurred not to contest these proceedings, which include affirmative asylum claims, adjudication applications, and naturalization applications.
The amicus will be filed on Monday, April 17.  The final draft will be completed over the weekend and circulated when finished.  For those who wish to sign onto the brief, please sign here.
The deadline for signing will be 10:00 am ET on Monday, April 17.”
*****************************************
This issue is huge. DHS is considering expanding “expedited removal” to include all individuals who can’t prove that they have been in the U.S. continuously for two years. Without the assistance of counsel, many individuals who have been here for a substantial period of time but do not have any “proof” readily available will be arrested, detained, and railroaded out of the country without being given a reasonable chance to establish that they should be entitled to a full due process hearing before a U.S. Immigration Judge at which they could apply for relief.
PWS
04-16-17

Related posts:

  1. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  2. THE HILL: N. Rappaport Believes That Expedited Removal Is the Key To Reducing The Immigration Court Backlog
  3. FRANZ KAFKA’S AMERICA: At the “Jena Gulag” Everyone’s A Criminal Including Attorneys Committing The “Crime” Of Representing Their Clients!
  4. THE ROUNDTABLE IN ACTION: HON. ILYCE SHUGALL DELIVERS POWERFUL STATEMENT IN THE LA TIMES ON WHY SHE COULD NO LONGER SERVE AS A JUDGE IN OUR OBSCENELY DISTORTED AND UNFAIR U.S. IMMIGRATON COURT SYSTEM – “But nothing prepared me for the unprecedented, unfair and unworkable policies the Trump administration imposed on the courts and the immigration process.”

DHS “Jacks Up” Noncriminal Arrests!

https://www.washingtonpost.com/local/immigration-arrests-of-noncriminals-double-under-trump/2017/04/16/98a2f1e2-2096-11e7-be2a-3a1fb24d4671_story.html

Maria Sacchetti reports in the Washington Post:

“Immigration arrests rose 32.6 percent in the first weeks of the Trump administration, with newly empowered federal agents intensifying their pursuit of not just undocumented immigrants with criminal records, but also thousands of illegal immigrants who have been otherwise law-abiding.

U.S. Immigration and Customs Enforcement arrested 21,362 immigrants, mostly convicted criminals, from January through mid-March, compared to 16,104 during the same period last year, according to statistics requested by The Washington Post.

Arrests of immigrants with no criminal records more than doubled to 5,441, the clearest sign yet that President Trump has ditched his predecessor’s protective stance toward most of the 11 million undocumented immigrants in the United States.

Advocates for immigrants say the unbridled enforcement has led to a sharp drop in reports from Latinos of sexual assaults and other crimes in Houston and Los Angeles, and terrified immigrant communities across the United States. A prosecutor said the presence of immigration agents in state and local courthouses, which advocates say has increased under the Trump administration, makes it harder to prosecute crime.

“My sense is that ICE is emboldened in a way that I have never seen,” Dan Satterberg, the top prosecutor in Washington state’s King County, which includes Seattle, said Thursday. “The federal government, in really just a couple of months, has undone decades of work that we have done to build this trust.”

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

Unfocused enforcement pouring cases into an already “saturated” U.S. Immigration Court system is a prescription for disaster. Moreover, because it would be impossible to remove all of the approximately 11 million individuals here without authorization, just arresting anyone an agent might encounter who is potentially removable will be highly arbitrary.

PWS

04-16-17

 

Related posts:

  1. ICE Gets Jollies By Busting More Non-Criminals, Adding to Immigration Court Backlogs!
  2. TRUMP’S “GONZO” ENFORCEMENT POLICIES PRODUCE MORE REMOVAL ORDERS BUT FEWER ACTUAL DEPORTATIONS! — CRIMINAL DEPORTATIONS FALL AS DHS PICKS ON NON-CRIMINALS! — MINDLESS ABUSE OF ALREADY OVERWHELMED IMMIGRATION COURT DOCKETS ACTUALLY INHIBITS ABILITY TO CONCENTRATE ON CRIMINALS!
  3. DEPORTATIONS RISE UNDER TRUMP, BUT BORDER CROSSINGS ALSO CONTINUE TO TICK UPWARDS! — Read My OpEssay: “Due Process Disaster Is Brewing In The U.S. Immigration Courts — Is Anybody Paying Attention?”
  4. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

PRECEDENT: BIA Finds “Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude.” — Matter of Wu, 27 I&N Dec. 8 (BIA 2017)

Here’s the link to the full opinion:

https://www.justice.gov/file/957431/download

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

BIA PANEL: Appellate Immigration Judges Malphrus, Mullane, & Creppy

OPINION BY: Judge Malphrus

PWS

04-14-17

Related posts:

  1. BIA THWARTS CAL’S ATTEMPT TO END RUN REMOVABILITY FOR MINOR OFFENDERS – Matter of VELASQUEZ-RIOS, 27 I&N Dec. 470 (BIA 2018)
  2. NEW BIA PRECEDENT: CAL. ROBBERY IS CATEGORICAL AGFEL — Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
  3. WELCOME TO BIA-LAND! – Where You Might Be Better Off Committing A Felony Than Concealing It – Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)
  4. 👹AS CURTAIN FALLS ON KAKISTOCRACY, BIA CLOWN SHOW 🤡 ROLLS ON TOWARD OBLIVION! — Latest Travesty Ignores Clear Statutory Language, Elevates AAO Over Circuits, Shafts TPSers Who Qualify For Legal Permanent Immigration, Makes Hash Out Of Uniform Administration Of Laws!🏴‍☠️☠️🤮

U.S. Kids Rally At White House Against Trump’s Deportation Agenda — “Don’t make us orphans in our own country!”

http://www.huffingtonpost.com/entry/immigrant-kids-white-house-protest_us_58f0069ee4b0da2ff85f9183?r9b&ncid=inblnkushpmg00000009

Michael McAuliffe reports in HuffPost:

“WASHINGTON — American children whose parents are undocumented immigrants brought a heartrending plea to the White House and President Donald Trump on Thursday: Don’t make us orphans in our own country.

The kids, among dozens who were organized by the group We Belong Together, fear that Trump’s crackdown on illegal immigration could deport their parents, even if they haven’t run afoul of the law in any other way.

Deportations dramatically increased during the Obama administration, but the focus was on immigrants who had committed serious crimes. The Trump administration’s orders stepping up enforcement include just about anyone.

Those undocumented immigrants often have American children. And they are afraid.

“I live with the fear of being separated from my mother every day,” said Leah, an 11-year-old from Miami whose mother is a domestic worker facing a deportation order.

“It is like when somebody you care about can die at any moment,” she added, standing outside the White House, accompanied by activists and other kids.  “Why can’t I just enjoy being a kid? I cannot sleep or do my homework. All I can think about is my mother being taken away from me. I am so worried about my life.”

A mom of two children who is in hiding narrowly avoided likely deportation in February, when she sought sanctuary in a Denver chuch. Jeanette Vizguerra, who has reported to Immigration and Customs Enforcement regularly for 20 years while she sought a visa to escape violence in Mexico, fled a hearing on her case when her advocates noticed a squad of police apparently ready to arrest her.

“My mom has been going through the struggle of getting threatened and us getting scared by ICE,” said her son, Roberto, 10.

“I think it’s not fair for children to be living in fear or for parents not to be able to be with their children,” said her daughter, Luna, 12.

While those children and others all spoke of the worry they have of their own government, they also declared they would not relent in their bids to keep their families and other kids’ families whole.

“I want to tell Mr. Trump that he is a bully, and no matter how mean he is, and no matter how hard he tries, he will never break out spirit,” Leah said. “We are not afraid of you.”

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

What kind of country makes “orphans of their own children?” What kind of national values do these “instill fear” programs represent? Whatever happened to the positive national values set forth by FDR and JFK?

Way back before there were Presidents, an inspirational leader once said:

“Suffer little children to come unto me, and forbid them not: for of such is the kingdom of God.”

Luke 18:16

Not a bad thing to think about on Good Friday and over Easter weekend.

Sadly, some of today’s leaders seem to have shifted the message to “let me make the little children suffer.” Wonder what He would have thought about that?

PWS

04-14-17

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!
  4. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

Former State Department Visa Guru Jeff Gorsky Says Travel Ban Exceeds President’s Statutory Authority — “No Precedent” For This Type Of Overly Inclusive Use!

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2017/04/11/jeffrey-gorsky-an-alternative-legal-argument-against-trump-39-s-travel-ban.aspx?Redirected=true

From Lexis NexIs:

There is, however, another legal argument against the travel ban that does not require looking at evidence outside of the judicial record: The scope of the ban on its face is overly broad and exceeds the president’s legal authority under the Immigration and Nationality Act. Although the plaintiffs in the Hawaii case posed this argument, at this point none of the courts that have ruled on the legality of the executive order have analyzed this issue. The statutory authority for the travel ban derives from INA Section 212(f), 8 USC 1182(f), which authorizes the president by proclamation to suspend the entry or impose restrictions on the entry of any aliens or class of aliens to the United States. This is not a plenary grant of authority, but requires a finding that the entry of such aliens is “detrimental to the interests of the United States.” A ban that covers an entire nationality based on a concern that a few of those nationals pose a security or criminal threat to U.S. interest exceeds the statutory authority because there is no evidence or reasonable basis to believe that the entry of some or most of the nationals in the ban would be detrimental to U.S. interests.

During my 30-year career at the U.S. Department of State, I was involved in numerous 212(f) determinations. All were supported by carefully drafted memos and cited specific evidence of detriment to U.S. interests. The Trump travel bans do not. There is no dispute that the president has longstanding authority to deny or restrict the admission of certain aliens by proclamation; it is one of the oldest immigration provisions in U.S. law. The first law to authorize the president to limit immigration based on proclamation was the Alien Enemies Acts of 1798, one of the Alien and Sedition Acts enacted in the John Adams administration. That act empowered the president by public proclamation during a state of war to exclude enemy aliens as “necessary for public safety”.

This authority was not invoked until the 20th century, with the advent of World War I. An act of May 22, 1918, provided for the president to establish by proclamation immigration restrictions during a time of war for the purpose of public safety. Based on the Alien Enemies Act and the 1918 act, President Woodrow Wilson made a number of proclamations involving enemy aliens. While not a total ban on admission of aliens with Austrian-Hungarian nationality, these proclamations significantly restricted the admission of these enemy aliens.

This authority was revived during World War II, following the declaration of a national emergency on May 27, 1941. An amendment to the act provided that the president might, upon finding that the interests of the United States required it, impose additional restrictions and prohibitions on the entry into and departure of persons from the United States during the national emergency. This provision was upheld by the Supreme Court in the case United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537.

The 1950 “Report of the Senate Judiciary Committee,” the primary background document on the McCarran-Walter Act of 1952, discussed the history of the enemy aliens provisions at length, and concluded that this was a necessary authority. This authority was carried over into Section 212(e) (now f) and Section 215 of the INA.

In the past 35 years, this authority has been used 43 times but never as broad as with Trump’s executive orders. Most actions were limited to officials of foreign governments who engaged in specified policies considered detrimental to U.S. foreign policy or other U.S. interests — not blanket bans based solely on nationality.

The current travel ban, therefore, is unprecedented in its scope. Even if it is accepted that the specified countries pose a threat to the United States, the inclusion in the ban of all nationals from those countries is not reasonable, since there is no evidence that the admission of many or most such aliens would be detrimental to U.S. interests. For example, the ban includes babies and minor children, although they have neither the physical or legal capacity to commit acts of terrorism or criminality that would be detrimental to U.S. interests. While the executive order allows for a case-by-case discretionary waiver for minors, the availability of a discretionary waiver requiring a finding that the admission of such alien “would be in the national interest” does not cure the underlying lack of legal authority under 212(f) to bar persons such as young children who do not pose a credible threat to U.S. interests.

If the president can bar all nationals of a country based on speculative and vague concerns, absent any evidence relating to the specific individual who is barred admission, the president would have virtually absolute authority to bar all aliens from admission to the U.S. Every country in the world, including countries that would not normally be considered to pose a security threat to the U.S., like Japan and the United Kingdom, have some nationals who could theoretically pose a terrorist or criminal threat that could be used as a pretext to ban all nationals from that country. Such sweeping plenary authority does not exist in any other portion of the INA. In the over 200 years in which the president has had authority to limit the admission of aliens by proclamation, no president has ever before claimed this broad an authority.”

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

In prior lives, I had the pleasure of working with Jeff on a number of issues. Smart guy, nice guy, always very helpful. Doesn’t mean he’s right or wrong on this, but his point makes sense to me.

PWS

04-13-17

Related posts:

  1. Two New Pieces From N. Rappaport: Perhaps “Lost In The Shuffle” — Trump’s Plans For An Expanded Travel Ban & “Super Expedited” Removals!
  2. N. RAPPAPORT IN HUFFPOST: ESTABLISHMENT CLAUSE SHOULDN’T BE AN ISSUE IF SUPREMES EVER REACH MERITS OF TRAVEL BAN CASE!
  3. TRAVEL BAN UPDATE: Hawaii Federal Judge Rebuffs Plaintiffs’ Attempt To Broaden Travel Ban Exception — Only The Supremes Can Clarify — Grandparents Of Americans Stiffed!
  4. TRUMP BLOCKED AGAIN: US JUDGE IN HAWAII BLOCKS MOST OF TRAVEL BAN 3.0!!

HUFFPOST POLITICS: Despite Bannon’s Apparently Waning Influence, “Turbocharged” Sessions Will Keep “Ethno-Nationalist Agenda” Rolling At Full Speed At DOJ! Bad News For Immigrants, African-Americans, Refugees, Muslims, LBGT Individuals, Forensic Science, Innocent Defendants, Minor Offenders, Taxpayers, The U.S. Constitution, Many Women, & Social Justice In America!

http://www.huffingtonpost.com/entry/jeff-sessions-steve-bannon_us_58efb376e4b0bb9638e23542

Paul Blumenthal writes:

“No matter what Bannon’s fate, however, his strand of ethno-nationalism will live on in the Trump Justice Department under Attorney General Jeff Sessions. The 70-year-old former Alabama senator has already set the Justice Department on a new path by targeting immigrants, reining in police department reform efforts and curtailing efforts to protect voting rights.

“While many are focused on how Bannon is losing influence in the White House, those concerned with immigrant justice ― and I suspect those concerned with racial justice, police reform and voting rights, too ― are focused on the rise of a turbocharged Sessions,” Frank Sharry, executive director of the pro-immigration reform group America’s Voice, said in an email to HuffPost.

Bannon and Sessions share a long history of mutual support and policy agreement. They spent months together with Stephen Miller, a former Sessions aide who now works in the White House, plotting strategy on how to enact their shared agenda of limiting immigration to the U.S. in order to maintain a European and Christian identity. In 2016, Bannon declared Sessions “one of the intellectual, moral leaders of this populist, nationalist movement in this country.” After both moved to Trump’s administration, Bannon called Sessions the White House “clearinghouse for policy and philosophy.” Like Bannon, Sessions declares his policy objective as defeating “soulless globalism.”

. . . .

In another appearance on Bannon’s radio show, Sessions endorsed the Immigration Act of 1924, which specifically limited immigration based on race and religion, in the context of current immigration trends. “In seven years, we’ll have the highest percentage of Americans, non-native born, since the founding of the Republic,” Sessions said, while praising the 1924 law that was used to prevent Jewish immigration before and during the Holocaust.

Like Bannon, Sessions believes immigration from Middle Eastern countries poses a national security risk. He agrees that Western leaders have failed to protect their Judeo-Christian heritage by opening the door to refugees.

In one radio interview, after Bannon compared the migration of Syrian refugees to an infamous racist French book, he asked Sessions.: “Do you believe the elites in this country have the backbone, have the belief in the underlying principles of the Judeo-Christian West to actually win this war?”

“I’m worried about that,” Sessions replied.

The two nationalist Trump supporters share more than immigration policy preferences. The reversal of police reform efforts and reinvigoration of the War on Drugs pushed by Sessions as attorney general fits with Bannon’s efforts at Breitbart to label Black Lives Matter protesters as racists, while perpetuating racist stereotypes of African Americans through the site’s Black Crime section.”

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

For those who hoped that President Trump’s sudden shift to more “centrist” positions on trade and foreign policy might carry over into immigration policy, dream on! Bannon might be “on the ropes,” but Sessions and Stephen Miller still have the President’s ear on their restrictionist, nationalist positions on immigration.

While badly needed, reasonable bipartisan immigration reform would be within Trump’s reach, that’s not going to happen. Buoyed by the immediate decrease in Southern Border apprehensions, Trump, Sessions, and MIller (Gen. Kelly appears to gone AWOL on immigration policy — he just parrots what Sessions and the nationalist restrictionists tell him — his stature as former General with integrity shrinks every day) intend to arrest, detain, deport, and threaten unless and until the Article III Courts stop them. And whether that will happen is still an open question.

Liz was right!

PWS

04-13-17

 

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  3. THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!
  4. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!