🇺🇸⚖️ THE GOP RIGHT WING WANTS TO WHITEWASH AMERICAN HISTORY — JUSTICE KETANJI BROWN JACKSON SAYS WE MUST TEACH THE TRUTH ABOUT THE ROLE OF RACISM IN AMERICA —“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history.”

Dan Rather
Dan Rather
American Journalist
PHOTO: Creative Commons
Elliot Kirschner
Elliott Kirshner
Science Filmmaker & Journalist
PHOTO: iBiology Courses
Justice Katenji Brown Jackson
Judge (now Justice) Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020, University of Chicago Law School. Photographer Lloyd DeGrane.
Creative Commons License

Dan Rather and Elliot Kirschner write on Steady on Substack:

https://open.substack.com/pub/steady/p/60-years-ago-in-birmingham?r=330z7&utm_medium=ios&utm_campaign=post

60 Years Ago in Birmingham

September 15, 1963 — 60 years ago today. An act of murderous cowardice in Birmingham, Alabama, shocked a nation. A bomb at the 16th Street Baptist Church placed by Klansmen killed four girls as they attended Sunday school. Many others were wounded.

As Dr. Martin Luther King Jr. would say in eulogy, “These children — unoffending, innocent, and beautiful — were the victims of one of the most vicious and tragic crimes ever perpetrated against humanity.”

Let us pause in remembrance. Please say their names aloud. They deserve our recognition:

Denise McNair, age 11.

Carole Robertson, 14.

Addie Mae Collins, 14.

Cynthia Wesley, 14.

This horrific act is not ancient history. Some of you were of memory age at the time it happened. And it was not an isolated act of violence. Rather, it was part of a bloody, tragic, and unjust campaign of terror that stretches from before our country’s birth into our present age. It is a story of murder, torture, rape, lynching, and the tearing apart of families. It is a story of Jim Crow, redlining, and voter suppression. And now it is a story that powerful forces in our country would like us to forget, or at least sanitize from the unadulterated truth.

And yet, throughout our history, bigotry has not gone unanswered. Women and men of courage and fortitude have reminded us that we should walk a path toward equality and justice. Many have sacrificed greatly in service to our nation’s highest ideals.

This bombing was an act of domestic terrorism meant to stifle a growing Civil Rights Movement. It had the opposite effect. Less than a year later, President Lyndon Johnson signed the groundbreaking Civil Rights Act.

Progress has been made. However, we are reminded in our current age that the forces of white supremacy will never give up their privilege without a fight. We see more acts of racist violence, more denying of reality, more attempts to rewrite history. It is a cynically destructive ploy for power at the expense of our national unity and the truth.

All this was on the mind of Supreme Court Justice Ketanji Brown Jackson this morning, when the first Black woman to serve on the court went to the 16th Street Baptist Church to commemorate the bombing’s anniversary. It was the justice’s first trip to Alabama, but she told those in the pews, “I felt in my spirit that I had to come.”

What she subsequently shared was an acknowledgement of the past and an admonition for our present and our future. We were moved by her words and want to include some of them here, as well as a video of the entire speech, should you wish to watch.

Justice Jackson began by contrasting the story of the Birmingham bombing and her own personal journey.

. . . .

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

Read the complete article, including Justice Jackson’s remarks and pictures of the murdered girls, at the link. Don’t let GOP extremists get away with rewriting our history to match their White Nationalist myths! It’s a key part of their scheme to “dumb down” American education and intellectual debate on all levels!

🇺🇸 Due Process Forever!

PWS

09-17-23

🤯HOW LONG DID IT TAKE THE USG TO GRANT A “SLAM DUNK” 🏀 ASYLUM CASE OF A MEXICAN JOURNALIST? — 15 YEARS! — No Wonder This Dysfunctional, Unfair System Has Endless Backlogs!

Low Hanging Fruit
Harvesting the “low hanging fruit” — the many clearly grantable asylum cases — has proved remarkably elusive for EOIR — under Administrations of both parties!
IMAGE: Creative Commons 2.0

From The National Press Club:

https://drive.google.com/file/d/1QhiXmsGEBd6YQn8lYieaP8GUt7QiEnWJ/view?usp=sharing

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

That Mexico is one of the most dangerous countries in the world for journalists is hardly “rocket science.” 🚀 See, e.g., https://www.nbcnews.com/news/latino/annihilating-journalism-mexican-reporters-work-attacks-killings-rcna14196. Yet, an EOIR Judge was allowed to twice wrongfully deny this “slam dunk” case —  on specious grounds such as making the absurd finding that Mr. Gutierrez was not a journalist — over six years before the BIA finally ended the farce!🤡

Even today, there is no BIA precedent to expedite the granting of these meritorious cases and to curb rogue judges from mindlessly denying everything that comes before them (according to TRAC, the IJ in this case had a “facially ludicrous” 95.6% asylum denial record). It’s also no coincidence that AILA attorneys in El Paso, where this case originated, have long complained about anti-asylum bias among the Immigration Judges. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjphqPxn62BAxW4EVkFHUz3CEkQFnoECBEQAw&url=https://www.elpasotimes.com/story/news/immigration/2019/04/03/complaint-alleges-misconduct-el-paso-immigration-judges/3357416002/#:~:text=The%20complaint%20alleges%20that%20one,reason%20she%20was%20being%20persecuted.&usg=AOvVaw0FywozGcr8pn-K2ytfZkCT&opi=89978449.

So, let’s put this into a real world context. 15 years, two wrong IJ decisions, and two trips to the BIA to complete (actually it’s still not complete, because it was remanded for “background checks,” but that’s another saga), a case that should have taken a well-qualified Immigration Judge about 15 minutes to grant. So, what chance is there that without major leadership, personnel, structural, and substantive changes, EOIR could do “justice” on asylum cases put on an ”expedited docket.” Slim and none, as actual experience shows!  

The necessary first step toward meaningful immigration reform is a complete overhaul of EOIR. Without that readily achievable administrative action, no attempt at legislative or regulatory reform can succeed. It’s not rocket science! 🚀 Just common sense, moral courage, and “good government.”

🇺🇸 Due Process Forever!

PWS

09-16-23

🤮 SCOFFLAW WATCH: IN “A-B-III” A.G. GARLAND ORDERED ALL EOIR JUDGES TO APPLY THE BIA’S PRECEDENT MATTER OF A-R-C-G- (PSG/DOMESTIC VIOLENCE) — HIS BIA DIDN’T GET THE WORD, SAYS 3RD CIR  — Avila v. Att’y Gen.

 

Kangaroos
Mob chatter:
“Hey, anyone here know what an ARCG is?”
“No clue.”
“Some kind of boat?”
“Maybe we should ask Noah.”
“Don’t bother. The only rule we follow around here is ‘When in doubt, throw ‘em out!’”
“Isn’t that what the UN Handbook says, that ‘giving the benefit of the doubt’ means to ‘doubt that any benefit will ever be given?’”
“Yup, sounds right to me!”
“I don’t understand it. We’re overtly hostile to asylum seekers and their lawyers, we’ve tilted the playing field against them, yet they still come! Why?”
“Detain, discourage, deny, deport, deter, that’s our mission!”
“Where due process, fundamental fairness, and best practices go to die!”
“Precedents? We only follow the ones unfavorable to respondents!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

From: Ted Murphy
Sent: Thursday, September 14, 2023 10:09 AM
To: AILA Philadelphia List
Cc: Kaley Miller-Schaeffer
Subject: 3rd Circuit Precedent – PSG Honduras A-R-C-G-
Importance: High

 

Friends,

 

Please see the attached precedent decision from the 3rd Circuit today.  While the first 16 pages of the 21 page decision focus on CIMT issues, the final 4 pages are worth reading on PSG similar to A-R-C-G- that the BIA ignored.

 

Here, on the other hand, the BIA did not adhere to

Matter of A-R-C-G-’s requirement to examine Avila’s PSG

within the context of the specific country conditions in

Honduras. The BIA rejected Avila’s PSG for lack of

particularity without considering evidence in the record about

“widespread and systemic violence” against Honduran women,

“inconsistent legislation implementation, gender

discrimination within the justice system, and lack of access to

services.”109 Evidence in the record, including that “[l]ess than

one in five cases of femicide are investigated,… and the

average rate of impunity for sexual violence and femicide is

approximately 95%,” may have been relevant in examining

whether Avila’s proposed PSG was cognizable.110 Just as the

cultural attitudes toward gender were relevant in Matter of A-

R-C-G-, evidence in the record as to the “machismo culture” in

Honduras may be relevant to assessing whether Avila has a

cognizable PSG.111

 

Moreover, in Matter of A-R-C-G-, DHS conceded that

the proposed group “married women in Guatemala who are

unable to leave their relationship” was sufficient for a PSG

asylum claim.112 Given the similarity between that social group

and “Honduran women in a domestic relationship where the

male believes that women are to live under male domination,”

we must remand for the BIA to provide clarification as to its

application of Matter of A-R-C-G-, and to determine whether

Avila’s proposed PSG is cognizable in light of the specific

country conditions

.

We must also remand for the BIA to consider whether

Avila demonstrated a well-founded fear of persecution on

account of her PSG. The BIA determined that Avila’s PSG did

not “exist independently” of the harm alleged, as required

under Matter of M-E-V-G-113 and Matter of W-G-R-.114 Matter

of M-E-V-G- cites to this Court’s prior precedent in Lukwago

v. Ashcroft,115 which states that a PSG “must exist

independently of the persecution suffered by the applicant for

asylum.”116 However, Lukwago makes clear that in

determining whether a PSG exists independently of the

persecution suffered, the BIA must consider the PSG in the

context both of “past persecution” and a “well-founded fear of

persecution.”117 Here, the BIA did not consider whether Avila

had demonstrated that she had a well-founded fear of

persecution based on her past experiences of abuse and sexual

violence. Accordingly, we will remand for the BIA to consider,

in addition to whether Avila has suffered past persecution on

account of her PSG, whether she has demonstrated a well-

founded fear of future persecution.

 

In conclusion, on remand, the BIA should (1) clarify,

given the Government’s concession in Matter of A-R-C-G- that

the proposed group was sufficient for a PSG asylum claim, its

application of Matter of A-R-C-G- to the present case, and

consider Avila’s PSG in the context of evidence presented

about the country conditions in Honduras and (2) provide

guidance in applying both Matter of A-R-C-G- and Matter of

M-E-V-G- with respect to past persecution and a well-founded

fear of future persecution on account of membership in a PSG

 

Case was argued by Attorney Kaley Miller-Schaeffer.

 

Best regards,

 

Ted

Theodore J. Murphy, Esquire

Murphy Law Firm, PC

https://www2.ca3.uscourts.gov/opinarch/221374p.pdf

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

Once again, the BIA fails to follow its own precedent favorable to the respondent! Yet, in a Dem Administration they get away with mocking the rule of law in life or death cases, in a “court system” that the Dems “own.” Why?

WHO applies precedents and rules can be as important as the precedents and rules themselves! Failure to properly and uniformly apply legal rules that favor asylum seekers has become a chronic problem at EOIR. It’s one that Garland has yet to effectively and comprehensively address!

Many congrats to Kaley Miller-Schaefer and Murphy Law!

Kaley MIller-Schaefer ESQ
Kaley Miller-Schaefer ESQ
Partner
Murphy Law
PHOTO: Linkedin

🇺🇸Due Process Forever!

PWS

09-15-23

😢☠️ DACA: THE CRUELTY IS THE POINT — Right Wing Judges, GOP Politicos Take Aim @ America’s Future By Dumping On Dreamers!🤮   

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com
OLAFIMIHAN OSHIN
OLAFIMIHAN OSHIN
Staff Writer
The Hill
PHOTO: The Hill
Rebecca Beitsch
Rebecca Beitsch
Staff Writer
The Hill
PHOTO: pewtrust.org

OLAFIMIHAN OSHIN & Rebecca Beitsch report in The Hill:

https://thehill.com/regulation/court-battles/4203346-federal-judge-again-declares-daca-immigration-program-unlawful/

A federal judge for the second time found the DACA program unlawful, but held back from ordering the deportation of the nearly 600,000 people who remain in the country as “Dreamers.”

The Deferred Action for Childhood Arrivals program, first crafted with a 2012 memo under the Obama administration, was likewise found unlawful by federal District Court Judge Andrew Hanen in a similar ruling in 2021.

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time,” Hanen wrote in the 40-page ruling.

“The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation.”

Given earlier challenges to the DACA program’s creation through a memo, the Department of Homeland Security (DHS) in 2022 underwent formal rulemaking to solidify the basis for the program.

But Hanen found while the government followed the law in undergoing notice and comment rulemaking, the new rule essentially carried the 2012 memo into a formal rule without addressing prior issues criticized by the court.

Last year the Fifth Circuit Court of Appeals, before remanding the case to Hanen, found broader issues with DACA, saying the policy was inconsistent with immigration processes laid out under the Immigration and Nationality Act.

Hanen pointed to that in his Wednesday ruling, noting that while the record underlying the new rule showed DACA to be beneficial to both recipients and the U.S. “DHS did nothing to change or resolve the substantive problems found by this court or the fifth circuit.The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

. . . .

The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

pastedGraphic.png“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA,”  Kica Matos, president of the National Immigration Law Center said in a statement.

“Congress has failed to pass a permanent legislative solution, and it is urgent that they act now. We cannot allow court rulings to continue to upend the lives of hundreds of thousands of immigrant youth whose home is here.”

The ruling comes months after a coalition of nine GOP-led states asked Hanen to end the federal program, referring to the program as “unlawful” and “unconstitutional.”

. . . .

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

Read the complete article at the link.

Once you get beyond GOP White Nationalist politicos and judges, DACA legislation is widely popular across the political spectrum. Yet, the GOP is happy to defy the common good, and, sadly, Dems are afraid to leverage and elevate DACA to a “Tier One” issue! So, a generation of younger talent that American needs for the future continues to “twist in the wind!” Stupid, cruel, wasteful!

🇺🇸 Due Process Forever!

PWS

09-14-23

⚖️😎☹️ AFTER  RARE VICTORY FOR RESPONDENT IN MATTER OF  C-G-T- (UNWILLING/UNABLE TO PROTECT, POLICE REPORT, HIDING SEXUAL ORIENTATION), BIA REVERTS TO FORM BY DENYING ADJUSTMENT TO CONDITIONALLY PAROLED CUBANS (MATTER OF CABRERA-FERNANDEZ)   

 

Here’s the link to Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023):

https://www.justice.gov/eoir/page/file/1594626/download

Here’s the link to Matter of Cabreara-Fernandez, 28 I&N Dec, 747 (BIOA 2023):

https://www.justice.gov/eoir/page/file/1595041/download

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

This e-mail exchange among experts says it all about Cabrera-Fernandez:

Expert 1: Wow – they never miss a chance to hurt noncitizens, do they?

Expert 2: The cruelty is the point.

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com

With an available interpretation that would have allowed regularization of status, what purpose is served by devising a way to keep these otherwise qualified Cubans in limbo? Why would the DHS appeal a decision like this? Why would the BIA reward them for pursuing a result that is 1) inhumane, 2) undesirable, and 3) entirely avoidable with a little creativity and common sense (see, IJ in this case)?

No wonder we have backlogs everywhere an a dysfunctional system that nobody in charge seems interested in fixing — even when fixes are available and basically “cost free?” Better leaders and more enlightened decision-makers would be helpful.

🇺🇸Due Process Forever!

PWS

09-12-23

🏴‍☠️ 🤯 ABSURDIST SCOFFLAW TEX “GOV” ABBOTT BLOWN AWAY IN ROUND I OF “BUOY BATTLE!” — Texas Federal Judge Rejects Ludicrous “Invasion Defense!”

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

Priscilla Alvarez reports for CNN:

https://www.cnn.com/2023/09/06/politics/texas-mexico-border-water-barriers-migrants/index.html

CNN  —

A federal judge ordered Texas to remove floating barriers in the Rio Grande and barred the state from building new or placing additional buoys in the river, according to a Wednesday court filing, marking a victory for the Biden administration.

Judge David Alan Ezra ordered Texas to take down the barriers by September 15 at its own expense.

The border buoys have been a hot button immigration issue since they were deployed in the Rio Grande as part of Gov. Greg Abbott’s border security initiative known as Operation Lone Star. The Justice Department had sued the state of Texas in July claiming that the buoys were installed unlawfully and asking the judge to force the state to remove them.

In the lawsuit, filed in US District Court in the Western District of Texas, the Justice Department alleged that Texas and Abbott violated the Rivers and Harbors Appropriation Act by building a structure in US water without permission from United States Army Corps of Engineers and sought an injunction to bar Texas from building additional barriers in the river. The Republican governor, meanwhile, has argued the buoys are intended to deter migrants from crossing into the state from Mexico.

Texas swiftly appealed the judge’s order.

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

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

Read the rest of Priscilla’s report at the link.

Who knows how this will play out in the 5th Circuit and the Supremes, given the composition of those courts. But, at least for a day, Judge Ezra has brought some common sense and the rule of law to bear on out of control grandstanding Texas “Governor” Greg Abbott. 

In addition to being cruel and illegal, Abbott’s $140 million buoy boondoggle is predictably a failure from a deterrence standpoint. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi-5saEvpiBAxUXpIkEHU1VBwoQFnoECBoQAQ&url=https://www.livemint.com/news/texas-floating-border-wall-fails-to-deter-migrants-11693942981798.html&usg=AOvVaw0TX6bBkO0Fv0MezJLQPJkk&opi=89978449. (Although Abbott and his White Nationalist supporters falsely claim otherwise.) But, as my friends Dan Kowalski and Judge “Sir Jeffrey” Chase often say, effective deterrence isn’t the point — the cruelty and dehumanization is!

We should also remember that the vast majority of those whom Abbott and the nativists bogusly call “invaders” seek only to turn themselves in to U.S. authorities so they can exercise their clear legal rights to apply for asylum — rights that attach regardless of status or manner of entering the U.S. (Rights that also have improperly been diminished and impeded by the Biden Administration’s ill-advised asylum regulations, currently under legal challenge).  

If successful (under a legal system intentionally rigged against them), these so-called “invaders” will use their skills and work ethic to expand our economy and help Americans prosper while saving their lives and those of their families. To anybody other than Abbott and other White Nationalists, that sounds like a potential “win-win” that could and should be “leveraged” for everyone’s benefit!

Judge Ezra’s opinion in the aptly-named U.S. v. Abbott can be found here:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749163/gov.uscourts.txwd.1172749163.50.0.pdf?ftag=YHF4eb9d17

🇺🇸 Due Process Forever!

PWS

09-07-23

🇺🇸🗽💪🏾COURTSIDE LABOR DAY SPECIALS:  1)  Heather Cox Richardson on The History of Labor Day; 2) Robert Reich on Resisting Bullies!

From today’s Substack:

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

https://open.substack.com/pub/heathercoxrichardson/p/september-3-2023?r=330z7&utm_medium=ios&utm_campaign=post

September 3, 2023

HEATHER COX RICHARDSON

SEP 4, 2023

Almost one hundred and forty-one years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.

Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.

By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”

The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”

The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”

In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical” —event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”

Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

In 1888, Cleveland won the popular vote by about 100,000 votes, but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”

Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”

As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).

They could, however, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.

In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”

Notes:

https://www.dol.gov/general/laborday/history-daze

New York Times, September 6, 1882, p. 8.

New York Times, September 6, 1882, p. 4.

New York Daily Tribune, September 7, 1882, p. 4.

https://blogs.loc.gov/law/files/2011/09/S-730.pdf

https://history.house.gov/Historical-Highlights/1851-1900/The-first-Labor-Day/

Share

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

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

https://open.substack.com/pub/robertreich/p/personal-history-my-father-and-joe?r=330z7&utm_medium=ios&utm_campaign=post

My father and the SOBs

Ed Reich hated bullies.

ROBERT REICH

SEP 4, 2023

Friends,

I thought today, Labor Day, might be a good one to introduce my father, Ed Reich, and tell you a little about him and the values he passed along to me. Labor Day makes me think of him, because on Labor Day, he kicked the bigots out of our house.

Ed called himself a liberal Republican in the days when such creatures still roamed the earth. He voted for Thomas Dewey in 1948 (canceling my mother’s vote for Harry Truman) and then for Dwight Eisenhower in 1952 and 1956 (canceling my mother’s votes for Adlai Stevenson), and he thought highly of New York’s Republican governor, Nelson Rockefeller, and its Republican senator, Jacob Javits — neither of whom would last a nanosecond in today’s GOP.

But Ed Reich could not abide political bullies. He gave up on the Republican Party when Nixon became president. He would have detested Trump. (My father died in 2016, two weeks before his 102nd birthday, and nine months before Trump was elected.)

Ed thought anyone who had to bully someone else to feel good about himself was despicable. If they did their bullying through politics, they were doubly despicable. In his mind, political bullying had led to the Holocaust.

***

In 1947, Ed moved us from Scranton, Pennsylvania, to a small town some 60 miles north of New York City called South Salem, to be within driving distance of his two women’s clothing stores, in Norwalk, Connecticut, and Peekskill, New York.

On Labor Day, soon after we moved in, a delegation of older men came by our house. When they knocked on the door, my mother thought they were a welcoming committee and opened it with a big “hello!” But when she saw the expressions on their faces, she became alarmed.

She invited them into the living room and asked if they’d like coffee. They declined.

My father greeted them stiffly, suggesting they sit down. They did not.

“What’s this about?” he asked. “What’s happened? Is there a problem?”

“Mr. and Mrs. Reich,” one of them spoke gravely, “we’ve come to inform you that South Salem is a Christian community.”

There was a long pause. I could see my father redden.

“So, we’re not welcome here?” His voice was tight.

“Legally, you have a right to be here, of course,” the speaker said. (New York state had just enacted a law prohibiting homeowners from including “restrictive covenants” in their deeds that barred sales to “Negroes or Hebrews.”) “But we don’t think you and your family will be happy here.”

“Thank you for coming by,” my father said flatly, opening the front door for them. Then he exploded: “Now get the hell out of my house!”

That was the day Ed Reich decided we’d stay put in South Salem forever. “I showed those sons of bitches,” he said some years later.

“Son of a bitch” was the worst epithet Ed could hurl at someone. It burst out of him like a volcanic eruption. For many years, I didn’t know it contained separate English words, including a term many would find offensive today. To my young ears it was one word — sonofaBITCH — that might have been Russian or Yiddish, but whatever language it was, it was huge and frightening.

pastedGraphic.png

WISCONSIN SENATOR JOE McCARTHY HAD A SPECIAL PLACE in Ed Reich’s pantheon of horrible people. McCarthy didn’t just bully those he claimed were members of the Communist Party. He attacked them with malice. McCarthy ridiculed the “pitiful squealing” of “those egg-sucking phony liberals” who “would hold sacrosanct those Communists and queers.”

Every time McCarthy’s image came across the six-inch screen of the Magnavox television in our living room, my father would shout “son-of-a-BITCH” so loudly it made me shudder.

McCarthyism was the byproduct of the Republican Party’s postwar effort to eradicate the New Deal by linking it to communism. The GOP had portrayed the midterm election of 1946 as a “battle between Republicanism and communism.” The Republican National Committee chairman claimed that the federal bureaucracy was filled with “pink puppets.”

Southern segregationist Democrats joined in the red baiting. Mississippi Senator Theodore Bilbo, a Klansman who had filibustered to block anti-lynching legislation, described multiracial labor unions’ advocacy for civil rights as the work of “northern communists.” Representative John Elliott Rankin, a racist and antisemitic Mississippi Democrat who helped establish the House Un-American Activities Committee, called the CIO’s southern organizing campaign “a communist plot” and charged it would give more voting rights to Black people. “We’re asleep at the switch,” he warned. “They’re taking over this country; we’ve got to stop them if we want this country.”

The tactic was temporarily successful. In the 1946 midterms, Democrats lost control of both the Senate and the House. Wisconsin ended its era of progressive Republican La Follettes and sent Joe McCarthy to the Senate. California replaced New Dealer Jerry Voorhis with a young Republican lawyer who had already figured out how to use red baiting as a political tool. His name was Richard Nixon.

In December 1946, at the founding convention of the Progressive Citizens of America, FDR’s former vice president Henry Wallace called the red scare a tool used by the most powerful economic forces in America and warned America not to give in to it. “We shall … repel all the attacks of the plutocrats and monopolists who will brand us as Reds,” he said, adding:

“If it is traitorous to believe in peace — we are traitors. If it is communistic to believe in prosperity for all — we are communists. If it is unAmerican to believe in freedom from monopolistic dictation — we are unAmerican. We are more American than the neo-fascists who attack us. The more we are attacked the more likely we are to succeed, provided we are ready and willing to counterattack.”

But there was no counterattack. The red baiting escalated, encouraged by J. Edgar Hoover, the first director of the FBI.

President Truman succumbed to the mounting hysteria. On March 21, 1947, he signed Executive Order 9835, the “Loyalty Order.” It ushered in loyalty oaths and background checks and created the Attorney General’s List of Subversive Organizations.

As the 1950 election approached, a Times headline announced that the “Left is Silent in Campaign.” Even the American Civil Liberties Union, whose roots lay in the Red Scare of the World War I era, was reluctant to take the lead in opposing the threat to civil liberties in the second Red Scare of the 1950s.

California Representative Helen Gahagan Douglas — dubbed the “Pink Lady” for her supposed communist sympathies — tried for the Senate in 1950. She survived a bitter primary battle only to be beaten in November by red-baiter Richard Nixon.

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ON JUNE 9, 1954, I SAT AT MY FATHER’S SIDE ON OUR LIVING ROOM COUCH, watching the Army-McCarthy hearings. McCarthy had accused the U.S. Army of having poor security at a top-secret facility.

Joseph Welch, a private attorney, was representing the Army. McCarthy charged that one of Welch’s young staff attorneys was a communist. Such a charge was likely to end the young man’s career.

“Son-of-a-BITCH,” my father shouted. I hid my head.

As McCarthy continued his attack on Welch’s staff attorney, Welch broke in. “Until this moment, Senator, I think I never really gauged your cruelty or your recklessness.”

I was only eight years old, but I was spellbound.

McCarthy didn’t stop. “Son-of-a-BITCH!” Ed Reich shouted even more loudly. The earth seemed to shake.

At this point, Welch demanded that McCarthy listen to him. “Let us not assassinate this lad further, Senator,” he said. “You have done enough. Have you no sense of decency?”

Almost overnight, McCarthy imploded. His national popularity evaporated. Three years later, censured by his Senate colleagues, ostracized by his party, and ignored by the press, McCarthy drank himself to death, a broken man at the age of 48.

***

During the Army-McCarthy hearings, McCarthy’s chief counsel was Roy Cohn. Cohn became one of America’s most notorious bullies.

Cohn had gained prominence as the Department of Justice attorney who successfully prosecuted Julius and Ethel Rosenberg for espionage, leading to their execution in 1953. (Evidence made public decades after the execution confirmed that Julius was a spy, but that Ethel, while aware of her husband’s activities, was not.)

In public, Cohn was homophobic. Privately, he was gay at a time when being gay was a crime. A character in Tony Kushner’s epic Angels in America describes him as “the polestar of human evil. The worst human being who ever lived … the most evil, twisted, vicious bastard ever to snort coke at Studio 54.” His bullying was particularly vicious, I think, because he was filled with self-loathing.

The Rosenberg trial brought the 24-year-old Cohn to the attention of J. Edgar Hoover, who convinced Joe McCarthy to hire Cohn as chief counsel for McCarthy’s Senate Permanent Subcommittee on Investigations. Cohn became known for his aggressive questioning of suspected communists.

My father thought Roy Cohn almost as despicable as Joe McCarthy. “Son-of-a BITCH!” my father shouted whenever Cohn’s name was in the news.

After McCarthy’s downfall, it was assumed that Cohn’s career was also over. Yet Cohn reinvented himself as a power broker in New York. Despite scandals and indictments, along with accusations of tax evasion, bribery, and theft, Cohn survived.

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COHN PROVED HIMSELF USEFUL TO A YOUNG REAL ESTATE DEVELOPER NAMED DONALD TRUMP. Fred Trump had started his son’s career by bringing him into the family business of renting apartments in Brooklyn and Queens.

Cohn established Donald in Manhattan by introducing him to New York’s social and political elite. Donald was undertaking several large construction projects in Manhattan and needed both a fixer and mentor. Cohn filled both roles, and along the way bequeathed to Trump a penchant for ruthless bullying, profane braggadocio, and opportunistic bigotry.

Like Trump, Cohn was utterly without principle. Like Trump, his priority was personal power that could be leveraged for wealth, influence, and celebrity.

In 1973, the Justice Department accused Trump Management Inc., its 27-year-old president, Donald, and chairman, Fred, of violating the Fair Housing Act of 1968 in 39 of his properties — alleging that the company quoted different rental terms and conditions to prospective tenants based on their race and made false “no vacancy” statements to Black people seeking to rent.

Trump employees had secretly marked the applications of Black people with codes, such as “C” for “colored,” according to accounts filed in federal court. The employees allegedly directed Black people away from buildings with mostly white tenants, steering them toward properties that had many Black tenants.

Representing the Trumps, Roy Cohn filed a countersuit against the government for $100 million, asserting that the charges were “irresponsible and baseless.” Although the countersuit was unsuccessful, Trump settled the charges out of court in 1975, asserting he was satisfied that the agreement did not “compel the Trump organization to accept persons on welfare as tenants unless as qualified as any other tenant.”

Three years later, when the Trump Organization was again in court for violating terms of the 1975 settlement, Cohn called the charges “nothing more than a rehash of complaints by a couple of planted malcontents.” Donald Trump denied the charges.

Cohn was also involved in the construction of Trump Tower, helping secure concrete during a citywide Teamster strike via a union leader linked to a mob boss.

At about this time, Cohn introduced Trump to another of Cohn’s clients, Rupert Murdoch.

During Ronald Reagan’s 1980 presidential campaign, Cohn helped another young man named Roger Stone.

As Stone later recounted, Cohn gave him a suitcase filled with money that Stone dropped off at the office of a lawyer influential in Liberal Party circles. “I paid his law firm. Legal fees. I don’t know what he did for the money.” In fact, the money was used to get New York’s Liberal Party to nominate Illinois Congressman John Anderson — thereby splitting New York’s opposition to Reagan. It worked. Reagan carried the state with 46 percent of the vote. (Ed Reich voted for Jimmy Carter.)

In 1986, Cohn was disbarred by the New York State Bar for unethical conduct after attempting to defraud a dying client by forcing the client to sign a will amendment leaving Cohn his fortune. (Cohn died five weeks later from AIDS-related complications.)

In his first and best-known book, The Art of the Deal, Trump drew a distinction between integrity and loyalty. He preferred the latter.

For Trump, Roy Cohn exemplified loyalty. Trump compared Cohn to “all the hundreds of ‘respectable’ guys who make careers out of boasting about their uncompromising integrity but have absolutely no loyalty … What I liked most about Roy Cohn was that he would do just the opposite.”

Ed Reich would vehemently disagree.

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

Happy Labor Day 2023 to all!😎

It’s a time to remember and appreciate all the workers, regardless of status, whose labors make America great!

"Reflections"
“Reflections”
Linekin Bay, ME
Labor Day 2023

🇺🇸 Due Process Forever!

PWS

09-04-23

STUART ANDERSON @ FORBES WITH SOME COMMON SENSE ADVICE: “Let ‘Em Work!” — “There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”💡

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy
PHOTO:Linkedin

Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers

https://www.linkedin.com/feed/update/urn:li:activity:7103429953483849728?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7103429953483849728%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29&lipi=urn%3Ali%3Apage%3Ad_flagship3_myitems_savedposts%3Bb2bYzbhpTP2VzgwEtxkzqQ%3D%3D

 

New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.

A Plea From Businesses

“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.

“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”

. . . .

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

Read the complete article at the link.

For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!

Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!

🇺🇸  Due Process Forever!

PWS

09-03-23

🇺🇸🗽👩🏾‍🎓 INVESTING IN AMERICA’S FUTURE: MAINE MAKES EFFORT, WELCOMES NEW STUDENTS FROM ASYLUM-SEEKING FAMILIES!  — “School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.”

 

Gillian Graham
Gillian Graham
Staff Writer
Portland Press Herald

https://www.pressherald.com/2023/08/28/schools-make-last-minute-push-to-prepare-for-new-students-from-asylum-seeking-families/?utm_source=Newsletter&utm_medium=email&utm_content=Daily+Headlines%3A+Hundreds+celebrate+return+of+Gray-New+Gloucester%2FRaymond+Little+League+team&utm_campaign=PH+Daily+Headlines+ND+-+NO+SECTIONS&auth0Authentication=true

Local schools make last-minute push to prepare for new students from asylum-seeking families

In Freeport and Sanford, schools have hired English instructors and made other adjustments needed to welcome dozens of new students.

BY GILLIAN GRAHAM STAFF WRITER

Maine welcomes students
Maine welcomes students

 

Children catch bubbles Aug. 17 at a free barbecue organized by the Lewiston School Department to mark the end of its summer outreach program that provided numerous services for students and families. It also gave the School Department the opportunity to connect with students and parents, hand out schedules, sign students up and make connections before the start of school. Russ Dillingham/Sun Journal

With just a week to go before the first day of school, staff from Freeport schools headed to a local hotel to meet their newest students.

The 67 students, all from asylum-seeking families, had just moved to the Casco Bay Inn from the Portland Expo, where nearly 200 people had been staying in the temporary shelter before it closed. The families all decided to send their kids to Freeport schools instead of busing them to Portland to attend classes, said Jean Skorapa, superintendent of Regional School Unit 5 in Freeport.

“Our first goal is to get them enrolled and in a class,” she said. “That piece is done. Now we look at how to best serve their needs.”

The scramble to welcome new students and connect them with the services they need is becoming a familiar challenge in Freeport and other Maine communities where the families are settling.

For the past several years, school districts in southern Maine have had to make quick adjustments as they enroll dozens of students from asylum-seeking families, many of whom come from African countries and speak little or no English when they arrive. To meet their needs, they’ve had to hire more teachers for English learners, add social workers and support staff, and make sure translation services are in place to communicate with parents.

“For us, this is a new experience,” said Steve Bussiere, assistant superintendent in Sanford, where 38 students enrolled in May when their families arrived in the city. There will be 55 students from asylum-seeking families in Sanford schools this year, he said.

School leaders say the work can be challenging and puts a significant strain on resources, but it’s also a privilege to welcome new students into the community.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

. . . .

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Read the complete article at the link.

Congrats to educational and political leaders in Maine for making the system work as it should! Immigrants becoming Mainers and settling down there is making a positive difference! Seems like the Feds, not to mention other states and localities, could use some of this same positive approach and enlightened, courageous leadership.

The Portland’s Press Herald’s Editorial Board echoed this view in an editorial published yesterday:

Our View: To invest in immigrant pupils is to invest in the future

A big effort by Maine schools to accommodate English language learners will have a big return for their communities.

A new experience.

That’s how Steve Bussiere, assistant superintendent in Sanford, described Sanford schools’ addressing the needs of 55 new students from asylum-seeking families this coming school year.

It’s a new experience for the kids, too, and thanks to thoughtful, time-intensive efforts by Bussiere’s colleagues and other schools around Maine – hiring additional teachers to teach English to English language learners, hiring more social workers and more support staff and refining translation services so that school staff and administrators can communicate with new pupils’ parents – it can be a good experience.

The focus on multilingual learners requires a serious effort and will make a serious difference to our state.

Thankfully, the Maine Legislature expressed its understanding of that fact in July, including $3.5 million for the support of English language learners – via the English Language Learner Hardship Fund – in the special supplemental budget.

This valuable funding becomes available to schools at the end of October. Portland’s public schools will receive more than $784,000; Lewiston, $631,000; South Portland, $302,000; Biddeford, $192,000, Brunswick, $150,000; Saco, $110,000; Freeport, $109,000, and Westbrook, $93,000.

In Freeport, arrangements have been made for 67 new students who recently moved with their families from the temporary shelter at the Portland Expo to the Casco Bay Inn. Jean Skorapa, superintendent of Regional School Unit 5 in Freeport, struck a crystal-clear and exceedingly warm note earlier this week – sounding like many other Maine educators on the same subject in recent years.

“We’ve had new Mainers with us over the past year and a half. They’ve made us a more well-rounded, diverse district,” Skorapa said. “They’re a wonderful addition to our school community and we welcome them with open arms and are thrilled to have them with us.”

In other school districts, efforts such as these have been up and running for a while. According to our reporting Monday, Lewiston schools work with students who speak a total of 38 languages. The school district there has a multilingual center that works with families and offers vital help with paperwork and orientation. Portland has been supporting new students from asylum-seeking families for years; in July, we reported that one-third of the district’s roughly 6,500 students were multilingual.

The numbers make it clear as day: The downside risk of underfunding English language learning is now way too steep for these parts of Maine to run. Yes, there’s a moral imperative here; it is also a legal requirement of our public schools. We trust that, on the strength of existing work in this realm, the practice of funding multilingual learning education becomes just that – a practice. Rep. Michael Brennan, D-Portland, House chair of the Education and Cultural Affairs Committee, expressed his commitment to continue funding the program “in the coming years.”

Appropriate investment in these students fosters a sense of belonging, reduces the risk of pernicious, hard-to-close learning gaps and, as students find themselves better and better equipped to support their families locally, has wide-reaching benefits. To say nothing of what it means for school graduates of the future. On top of that, successive studies have shown that the teaching techniques that assist English language learners assist all students.

That’s not to say there won’t be hurdles to overcome. In recent days, tense and ugly anti-immigrant rallies in Manhattan, Staten Island and Woburn, Massachusetts, laid bare the style of racist, isolationist thinking that continues to oppose even the most commonsense steps towards integration and inclusion.

Our schools need more support, and they need it to be specific. The calls for increased attention to the new members of the student body need to be sustained in their volume and their clarity. It makes sense, at every level, to seize this opportunity to enrich our classrooms and our communities.

Kids are our future. It’s definitely worth the effort!

Helping Hand
A Helping Hand.jpg
Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand.
Safiyyah Scoggins – PVisions1111
Creative Commons Attribution-Share Alike 4.0
White Nationalist Xenophobes like Trump, DeSantis, Abbott, & Ducey have abandoned Traditional Judeo-Christian values in favor of neo-fascism. But, the rest of us should hold true to our “better angels.”

🇺🇸 Due Process Forever!

PWS

08-31-23

☠️🤯 CAL. PRISONS ILLEGALLY REFERRING U.S. CITIZENS FOR REMOVAL, REPORTS ACLU, LA TIMES!

Andrea Castillo
Andrea Castillo
Immigration Reporter
LA Times
Source: LA Times website

Andrea Castillo reports for the LA times:

https://www.latimes.com/politics/story/2023-08-29/californa-prisons-ice-records-us-citizens

WASHINGTON —  On Aug. 18, 2022, a records department employee at the California Correctional Center emailed federal immigration authorities a list of people they believed could be subject to deportation. The list noted that most of those named were born outside the U.S. or had an unknown birthplace. But 12 people were listed as having been born in this country.

That email was obtained by the American Civil Liberties Union of Northern California and shared with The Times. The advocacy group says California Department of Corrections and Rehabilitation staff routinely assume people in their custody are deportable immigrants — even when their own records indicate they are U.S. citizens or immigrants who should not be deported — and report those individuals to U.S. Immigration and Customs Enforcement while denying them rehabilitation opportunities.

The records stem from a public records request filed last year by the ACLU NorCal, which sought communications between the California Department of Corrections and Rehabilitation, or CDCR, and ICE. The ACLU and other advocacy groups said they analyzed about 2,500 uniquerecords from August and September 2022, during which the agency transferred more than 200 people from CDCR facilities to immigration custody.

The groups detailed the results in a report to be published Tuesday that they say describes the practices employed by the CDCR in cooperation with ICE and provides examples of alleged actions by department staff that are discriminatory, including against immigrants.

“In their zeal to collude with ICE, CDCR is not only targeting people who have served their time and are set to return home for detention and deportation but is also sweeping up U.S. citizens and Green Card holders, relying on racist assumptions and ignoring their own records,” the report states.

. . . .

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Read the rest of Andrea’s report at the link.

Totally outrageous!

🇺🇸 Due Process Forever!

PWS

08-30-23

🇺🇸⚖️ ON THE 60TH ANNIVERSARY OF DR KING’S “DREAM SPEECH,” NDPA SUPERSTAR BREANNE J. PALMER RELEASES PART III OF HER “BLACK IMMIGRATION PRIMER:” MAGA America Seeks To Turn Back The Clock On Progress: “45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people.”

 

Breanne Justine Palmer, Esquire
Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

Breanne Justine Palmer, Esq.

Breanne Justine Palmer, Esq.

(She/Her) • 1st

(She/Her) • 1st

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

1d •

1d •

The following post is the final part of my 2017 Black Immigration Primer! I delve into the impact of former President Donald Trump’s early executive orders on Black immigrants, the consequences of which are still being felt today.

It seems like ages since 45 (the former President of the U.S.) issued a volley of executive orders affecting various areas of our lives. Here, I want to talk about the two versions of the Travel Ban (a.k.a. the #MuslimBan) and how they target Black immigrants, Muslim immigrants, and Black Muslim immigrants. The travel bans live at the intersection of anti-Blackness and Islamophobia.

First, some terms and their definitions. Anti-Blackness (also known as anti-Black racism) is what it sounds like: systems, policies, beliefs, and behaviors that are “resistant or antagonistic to Black people or their values or objectives.” We often see anti-Blackness in other communities of color. Some argue that assimilation into American culture is predicated on embracing anti-Blackness (in order to succeed in America, one must separate oneself from Black people and violently oppose Black people’s success). Islamophobia is a “dislike or prejudice against Islam or Muslims, especially as a political force.” It’s important that anti-Blackness and Islamophobia are not merely individual beliefs; they encompass power of the systemic kind. Anti-Blackness and Islamophobia result in harmful, deadly policies and wars.

It’s safe to say that 45 and his administration are a number of things (misogynistic, racist, unethical, evil, and so forth) but they are also distinctly anti-Black and Islamophobic. 45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people. Let’s discuss them in turn. Read more on my blog!

#blackimmigrants #muslimban #africanban #45 #xenophobia #islamaphobia #antiblackness

http://www.breannejpalmer.com/blog/black-immigration-primer-part-iii

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

Thanks Breanne!

Most recently, Black Americans in Jacksonville have reacted to Florida Gov. Ron DeSantis’s promotion of racism, guns, and White Nationalist myths. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjo1euz_IGBAxWBFVkFHXvnCdIQFnoECBYQAQ&url=https://www.npr.org/2023/08/28/1196305761/desantis-jacksonville-vigil-booed&usg=AOvVaw0S6ZRq1nLipLNzpK2reN_T&opi=89978449

It’s going to take more than $1 million in “security assistance” to a HBUC and $100k to victims’ families to cover up the far right GOP’s responsibility for promoting racism and hate crimes in America. And, the war on immigrants of color is a key part of the racism, Islamophobia, and misogyny that has found a home in the far right of today’s GOP! 

Indeed, as I have pointed out on many occasions, MAGA’s hate-fueled campaign to eliminate individual rights in America started with Trump’s lies and distortions targeting migrants of color from Mexico and elsewhere! That’s why Dems’ overall failure to engage with the GOP on immigration, and to vigorously and proudly defend migrants’ rights, has such tragic implications for American democracy!

🇺🇸 Due Process Forever!

PWS

08-2-23

⚖️🗽👩🏽‍⚖️👩🏽‍🏫 WITH HELP FROM OUR FRIENDS @ ROPES & GRAY, IMMIGRATION PROFESSORS & ROUND TABLE 🛡️ FILE AMICUS ON WITHHOLDING/NEXUS STANDARD OF PROOF IN 1ST CIR. — Paye v. Garland

Read the full brief here:

Paye [2023.8.25] Amici Brief (Law Profs & IJs & BIA members)

Here’s the “Statement of Interest:”

INTEREST OF THE AMICI CURIAE1

This brief represents the views of two groups of amici curiae. See Corporate

Disclosure Statement for names of amici curiae. The first group is comprised of thirty-two immigration law scholars and clinical professors. These amici teach immigration law and/or provide clinical instruction in law school clinics that provide representation to asylum seekers and noncitizens seeking relief under 8 U.S.C. § 1231 and 8 U.S.C § 1158. As such, amici are knowledgeable of the particular legal requirements of 8 U.S.C. § 1231 and 8 U.S.C § 1158 and have a special interest in the proper administration and interpretation of the nation’s immigration laws, particularly asylum and withholding of removal.

The second group is comprised of forty-one former immigration judges (“IJs”) and Board of Immigration Appeals (“BIA”) members who have collectively presided over thousands of removal proceedings and have interest in this case based on their many years of dedicated service administering the immigration laws of the United States. Based on this experience, amici believe that withholding of removal

1 Pursuant to Rule 29 of the Federal Rules of Appellate Procedure, amici notes that all parties have consented to the filing of this brief.

Furthermore, pursuant to Rule 29 of the Federal Rules of Appellate Procedure, amici further certifies that no party’s counsel authored the brief in whole or in part, no party or party’s counsel contributed money that was intended to fund preparation or submission of the brief, and no person, other than amici, their members, or counsel has contributed money intended to fund preparing or submitting the brief.

  -1-

Case: 23-1426 Document: 00118044713 Page: 13 Date Filed: 08/25/2023 Entry ID: 6587480

is the means whereby Congress provided for the United States to meet its international treaty obligation of “nonrefoulement” under Article 33 of the Refugee Convention. Withholding of removal is a vital legal tool upon which IJs rely to ensure that noncitizens appearing before them are not removed to countries for which they have proven it to be more likely than not that they have experienced (or will experience) persecution on account of a protected ground — an extremely high burden to meet. This relief is mandatory where the noncitizen’s burden of proof is met and does not lead to permanent status or derivative status for immediate family members, in contrast to asylum, which is a discretionary form of relief that grants a permanent status and derivative status for immediate family members.

Amici contend that the more lenient “a reason” standard, as applied to the nexus between the protected ground and the persecution for withholding (as opposed to the “at least one central reason” standard for asylum) requires IJs to order withholding in cases where evidence of nexus may be insufficient for a discretionary grant of asylum. Such an interpretation would provide greater protection from violating the international treaty obligation of nonrefoulement. The instant case, where Petitioner is ineligible for asylum but may be protected from severe future persecution by withholding of removal, presents exactly the context in which Congress intended for the lesser “a reason” nexus standard to apply. Addressing this question here provides an opportunity for this Court to affirm Congress’s clear

-2-

Case: 23-1426 Document: 00118044713 Page: 14 Date Filed: 08/25/2023 Entry ID: 6587480

intent, expressed in the statutory language of 8 U.S.C. § 1231(b)(3)(C), to establish protection against nonrefoulement for this noncitizen and many others who, for any number of reasons, are ineligible for the discretionary relief of asylum.

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

Many thanks to all involved!

🇺🇸 Due Process Forever!

PWS

08-28-23

🇺🇸🗽👍 WATCH TEA’S COFFEE: Immigrant Food’s Superstar 🌟 Co-Founder/COO & Cato’s Alex  Nowrasteh Take Apart The White Nationalist Restrictionist Myths About Immigrants! 

Tea Ivanovic
Tea Ivanovic
Co-Founder and Chief Operating Officer
Immigrant Food
PHOTO: Immigrant Food

 

Alex Nowrasteh
Alex Nowrasteh
Vice President for Economic & Social Policy Studies
Cato Institute

Tea writes:

Editor’s Note – August 2023

Dear Reader,

America is built on the drive and determination of immigrants. Even though immigration is one of America’s founding principles, it remains one of the most hotly contested social and political issues of modern times. This ongoing debate is fueled by a number of negative myths about immigrants that have taken root in society.

This month, we are committed to busting the common political, economic, and demographic myths about immigration. We examine how these myths have taken root in our society, how they spread, and what can be done to change the narrative on immigration.

For this month’s issue, we spoke with Alex Nowrasteh, the Vice President for Economic and Social Policy Studies at the Cato Institute. Alex is one of the leading voices when it comes to immigration policy.

Hope you gain new insights,
Téa

 

Watch “Tea’s Coffee” where she interviews Alex Nowratseh here:

https://immigrantfood.us4.list-manage.com/track/click?u=ce06e58bfebaeac8af360fd3e&id=2800d3f1d8&e=16814f5ced

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Watch the video at the above link and find out more on the Immigrant Food website here:

https://immigrantfood.com/

Alex says there are three things we can do to combat the myths and lies being spread by the nativist/restrictionists:

  • Recognize the humanity of immigrants and their legal rights under our laws;
  • Emphasize that immigrants compliment, rather than compete with, us;
  • Point out that the “border chaos” is largely the result of bad laws and failed deterrence policies rather than the fault of immigrants.

By contrast, you can spot the bogus restrictionist/nativist myths a mile way because they:

  • Dehumanize immigrants by falsely reducing them to “statistics, numbers, apprehensions, beds, costs, graphs, and charts;”
  • Make the bogus claim that our economy is a “zero sum game” where every additional immigrant means “less of the pie” for you or me — a claim which is demonstrably false because people and immigration are what have allowed us historically to expand our economy so there potentially will be more for everyone (provided that those at the top don’t grab a disproportionate share for themselves);
  • Promote the myth of “just get in line” when there in reality is no line for most to get in because of the unduly restrictive nature of our laws and their poor administration by successive Administrations. They ignore the reality that robust migration is here to stay. The real choice is whether or not we want realistic laws and policies that recognize and harness that reality or instead continue to reward smugglers, enrich jailers, and force millions of migrants into the “extralegal” underground economy where they can not contribute fully economically or politically.

 

Haley Sweetland Edwards
Haley Sweatband Edwards
Nation Editor
Time Magazine
PHOTO: Pulitzer

As another “myth debunker,” Time’s Haley Sweetland Edwards, said:

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

https://immigrationcourtside.com/2019/01/27/inconvenient-truth-haley-sweetland-edwards-time-tells-what-trump-miller-cotton-sessions-their-white-nationalist-gang-dont-want-you-to-know-human-migration-is-a-powerful-force-as-old/

Clown Court
“And the winner was . . . .”
PHOTO: Clown Civertan.jpg, Creative Commons License

“Governments must act rationally!” Certainly, neither Trump nor any of the GOP clowns 🤡 seeking to be him are “rational actors” on immigration, the economy, infrastructure, education, individual rights, or anything else of importance to our nation. Indeed, the ignorance, indecency, irrationality, and bias exhibited during the so-called “GOP debate” was beyond appalling, despite the media’s pathetic attempts to “normalize” idiocy. Six folks afraid to say “hypothetically” that they would vote for someone OTHER than a convicted felon who made totally baseless claims that he won the 2020 election! Gimmie a break! (I’m certainly not the only one impressed by the disturbingly low quality of  the GOP “field.” See, e.g., https://www.huffpost.com/entry/larry-hogan-gop-candidates-trump-conviction-question_n_64e82302e4b0a2a9abc4bdc0).

Tea Ivanovic — an amazing immigrant entrepreneur and inspirational leader who is on Forbes’s list of “30 under 30” — is a stellar example of how immigrants of all types — from those at the border to those in boardrooms — make America better! See, e.g.,

https://immigrationcourtside.com/2023/07/22/🦃-hokie-hero-va-tech-honors-ndpa-all-star-tea-ivanovic-of-immigrant-food-industry-leader-spotlight-disruptive-food-startup-incorporates-gastronomy-a/

Food for thought from Tea and the good folks at Immigrant Food!

🇺🇸 Due Process Forever!

PWS

08-26-23

🏴‍☠️☠️⚰️ GOP WHITE NATIONALIST THEOCRACY THREATENS AMERICA, STARTING @ BORDER! — “Worthy of Goebbels!” — “[N]othing new. . . . It’s called fascism.” — “America’s Orbans” Undermine Liberal Democracy, Promote Illiberalism!”

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

https://substack.com/redirect/2/eyJlIjoiaHR0cHM6Ly93d3cudGhlYm9yZGVyY2hyb25pY2xlLmNvbS9wL3RoZS1vcmJhbi1wbGF5Ym9vaz90b2tlbj1leUoxYzJWeVgybGtJam94TURneE5UYzVPVEFzSW5CdmMzUmZhV1FpT2pFek5qTXdOVGt5T1N3aWFXRjBJam94TmpreU56SXlPVEUyTENKbGVIQWlPakUyT1RVek1UUTVNVFlzSW1semN5STZJbkIxWWkwek56TTBNeklpTENKemRXSWlPaUp3YjNOMExYSmxZV04wYVc5dUluMC54MlRnTzJuSXN4NHdXbUN6Uzg5ejVMMHhVUWVYSUlaVGluemlpNnotWUJJIiwicCI6MTM2MzA1OTI5LCJzIjozNzM0MzIsImYiOnRydWUsInUiOjEwODE1Nzk5MCwiaWF0IjoxNjkyNzIyOTE2LCJleHAiOjE2OTUzMTQ5MTYsImlzcyI6InB1Yi0wIiwic3ViIjoibGluay1yZWRpcmVjdCJ9.Rwn0xJ7gMZxpR5nks4NIo58FlfZsCsJm972lF9tcKws?

Melissa Del Bosque writes in the Border Chronicle:

. . . .

While this might seem uniquely cruel, Abbott is closely following the authoritarian playbook of Viktor Orbán, Hungary’s prime minister, and current European thought leader for MAGA Republicans. Donald Trump calls Orbán a friend, and White supremacist Tucker Carlson spent a week covering him for his former show on Fox, later making a “documentary” about Hungary called Hungary vs. Soros: Fight for Civilization. For the last two years, the right-wing Conservative Political Action Conference, founded in the U.S., has held a “Woke Free Zone” conference in Budapest.

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By studying Orbán’s crackdown on asylum seekers and its progression over the last several years, you can see exactly where Abbott’s Texas is headed (and DeSantis’s Florida, for that matter).

In a speech in July 2022, Orbán argued that European and non-European people should not mix. Europeans “do not want to become peoples of mixed-race,” he said. After the speech, one of Orbán’s longtime advisers quit in protest. “I don’t know how you didn’t notice that you were presenting a pure Nazi text worthy of Goebbels,” his adviser wrote in her public resignation letter. Orbán’s speech was widely condemned in Europe, and it further alienated him from other Western leaders.

But in Texas, just days after his speech “worthy of Goebbels,” Orbán was welcomed with a standing ovation at the CPAC conference in Dallas, where he touted his “zero migration” and Judeo-Christian nationalism. “The globalists can all go to hell,” he boasted. “I have come to Texas.”

On the same CPAC stage that day, Abbott followed with similar xenophobic talking points. He bragged about Operation Lone Star and encouraged conference-goers to donate to a state-run website to pay for bussing migrants out of Texas. Lieutenant Governor Dan Patrick echoed Orbán’s White Christian nationalism: “The framers did not write the Constitution,” he said. “God wrote the Constitution. We are a Christian nation.”

. . . .

Unsurprisingly, Orbán’s cruel tactics against asylum seekers, which have included kidnappings and beatings, do not deter people from coming. They are fleeing wars, after all. But Orbán has used his poisonous populism to solidify his power, just as Abbott and DeSantis are trying to do. It began with asylum seekers in 2015, but now in Hungary there is no independent media or judiciary, and the LGBTQ community and immigrants have become targets for persecution as the prime minister has consolidated his control over the government. Antisemitism is also on the rise.

This is the playbook that MAGA Republicans are following in Texas, Florida, and elsewhere. We already know how it ends. Orbán’s “illiberal democracy,” which is being lionized by Trump, Abbott, and others, is nothing new. In fact, it’s very old. It’s called fascism.

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Read Melissa’s complete article at the link. Nearly 80 years after the fall of the Nazi regime, Hitler’s hateful, racist, virulently anti-Semitic views are alive and well in today’s GOP. Even in Texas, a Federal Judge had no time for Abbott’s racist/absurdist claim of “invasion.” https://linkst.dallasnews.com/click/32480676.167870/aHR0cHM6Ly93d3cuZGFsbGFzbmV3cy5jb20vbmV3cy9wb2xpdGljcy8yMDIzLzA4LzIyL2ZlZGVyYWwtanVkZ2UtcmVqZWN0cy10ZXhhcy1taWdyYW50LWludmFzaW9uLWRlZmVuc2UtaW4tZG9qLWxhd3N1aXQtb3Zlci1ib3JkZXItYnVveXMvP3NhaWx0aHJ1X2lkPTYyNjgxMjQyNGY3NTdmNjRiYWUyYWEzMg/626812424f757f64bae2aa32C5a2af025.

This is NOT a “normal” American political party!

🇺🇸 Due Process Forever, White Nationalism, Never!

PWS

08-23-23

🇺🇸🗽⚖️ TAHIRIH’S CASEY CARTER SWEGMAN SPEAKS OUT FOR ASYLUM SEEKERS, RULE OF LAW — Urges Us To Reject Fareed Zakaria‘s Nativist BS!

Casey Carter Swegman
Casey Carter Swegman
Director of Public Policy at the Tahirih Justice Center
PHOTO: Tahirih Justice Center

https://www.washingtonpost.com/opinions/2023/08/20/asylum-seekers-not-gaming-system/

Letters to the Editor

Opinion | Asylum seekers are not ‘gaming the system’

August 20, 2023 at 5:16 p.m. ET

To say that people seeking asylum in the United States are “gaming the system,” as Fareed Zakaria did in his Aug. 14 op-ed, “Immigration can be fixed. Why aren’t we fixing it?,” not only was dehumanizing but also dismissed the very real and traumatic conditions that force people and their families to make the heartbreaking choice to leave their homes and embark on a journey in search of protection and safety.

Calling on people to claim asylum in their home countries revealed a fundamental misunderstanding of the asylum ban and asylum itself. Access to asylum in the United States remains critical because many of the countries that individuals are fleeing from and through cannot or will not protect them from violence.

The U.S. government’s asylum ban is exacerbating dangerous circumstances for all asylum seekers. Women, girls and other survivors of gender-based violence seeking asylum are being denied refuge and forced to remain in conditions along our border that increase their susceptibility to the same kinds of violence and threats to their lives that forced them to flee in the first place.

Asylum is a legal and human right for all people, born of our own recognition that every human being has the right to seek a life of safety and dignity. This has nothing to do with partisan politics. The United States has an obligation to uphold its own laws and live up to its promise as a welcoming nation.

Casey Carter Swegman, Falls Church

The writer is director of public policy at the Tahirih Justice Center.

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The legal right to seek asylum in the U.S. or at our border is clear! Getting the USG to respect it and the media to accurately report on abusive, illegal attempts to limit it, not so much! Thanks, Casey, for speaking truth and “taking it to” purveyors of White Nationalist myths like Zakaria!

Rather than urging fixing the legal asylum system to work in a fair, generous, timely, and humane manner — something that should be well within the Government’s capabilities and clearly in the national interest — folks like Zakaria, who should know better, have taken to victim shaming and blaming. The current law gives the Government plenty of tools to deal with frivolous claims to asylum. 

That our Government lacks the will and expertise to implement and staff the current system in a manner that would fairly and reasonably “separate the wheat from the chaff” is NOT the fault of those seeking asylum and their dedicated, hard-working, long-suffering advocates. Indeed, asylum and human rights advocates appear to be the only folks interested in insuring Constitutional due process and upholding the rule of law! 

I don’t dispute that our immigration system needs a legislative overhaul. But, that must NOT come at the expense of asylum seekers, refugees, and others who need and are deserving of our protection!

🇺🇸 Due Process Forever!

PWS

08-21-23