NYT Sunday Maggie: The “Deportation Resistance” In Trump’s America — Re-energized Or Outgunned? — The “country woke up in Arizona!”

https://www.nytimes.com/2017/05/23/magazine/is-it-possible-to-resist-deportation-in-trumps-america.html?em_pos=medium&emc=edit_ma_20170525&nl=magazine&nl_art=1&nlid=79213886&ref=headline&te=1&_r=0

Marcela Valdes writes:

“On Monday, Feb. 6, two days before Guadalupe García Aguilar made headlines as the first person deported under President Donald Trump’s new executive orders on immigration, she and her family drove to the modest stucco offices of Puente, an organization that represents undocumented immigrants. It was a postcard day: warm and dry, hovering around 70 degrees, the kind of winter afternoon that had long ago turned Phoenix into a magnet for American retirees and the younger, mostly Latin American immigrants who mulch their gardens and build their homes.
García Aguilar and her family — her husband and two children — squeezed together with four Puente staff members into the cramped little office that the group uses for private consultations. Carlos Garcia, Puente’s executive director, had bought a fresh pack of cigarettes right before the talk; he needed nicotine to carry him through the discomfort of telling García Aguilar that she would almost certainly be deported on Wednesday. Until that moment, she and her family had not wanted to believe that the executive orders Trump signed on Jan. 25 had made her expulsion a priority. She had been living in the United States for 22 years, since she was 14 years old; she was the mother of two American citizens; she had missed being eligible for DACA by just a few months. Suddenly, none of that counted anymore.
García Aguilar’s troubles with Immigration and Customs Enforcement (ICE) began in 2008, after police raided Golfland Sunsplash, the amusement park in Mesa, Ariz., where she worked. She spent three months in jail and three months in detention. (ICE booked her under the last name “García de Rayos.”) In 2013, an immigration court ordered her removal. Yet under pressure from Puente, which ultimately filed a class-action lawsuit contending that Maricopa County’s work-site raids were unconstitutional, ICE allowed García Aguilar (and dozens of others) to remain in Arizona under what is known as an order of supervision. ICE could stay her removal because the Obama administration’s guidelines for the agency specified terrorists and violent criminals as priorities for deportation. But Trump’s January orders effectively vacated those guidelines; one order specifically instructed that “aliens ordered removed from the United States are promptly removed.” García Aguilar, who had a felony for using a fabricated Social Security number, was unlikely to be spared.
Orders of supervision are similar to parole; undocumented immigrants who have them must appear before ICE officers periodically for “check-ins.” García Aguilar’s next check-in was scheduled for Wednesday, Feb. 8. She had three options, Garcia explained. She could appear as usual and hope for the best. She could try to hide. Or she could put up a fight, either from a place of sanctuary or by appearing for her check-in amid media coverage that Puente would organize on her behalf. Whatever she decided, he said, she would be wise to spend Tuesday preparing for separation from her children.
The family was devastated. García Aguilar left the meeting red-faced with tears.
The next day a dozen activists gathered at Puente to strategize for García Aguilar’s case. After reviewing the logistics for the usual public maneuvers — Facebook post, news release, online petition, sidewalk rally, Twitter hashtag, phone campaign — they debated the pros and cons of using civil disobedience. In the final years of the Obama administration, activists in Arizona had come to rely on “C.D.,” as they called it, to make their dissatisfaction known. Puente members had blocked roads and chained themselves in front of the entrance to Phoenix’s Fourth Avenue Jail. Yet Francisca Porchas, one of Puente’s organizers, worried about setting an unrealistic precedent with its membership. “For Lupita we go cray-cray and then everyone expects that,” she said. What would they do if Puente members wanted them to risk arrest every time one of them had a check-in?
Ernesto Lopez argued that they needed to take advantage of this rare opportunity. A week earlier, thousands of people had swarmed airports around the country to protest the executive order barring citizens from seven Muslim-majority nations. “There’s been a lot of conversation about the ban, but for everything else it’s dead,” Lopez said. “Nobody is talking about people getting deported. In a couple of months, it won’t be possible to get that media attention.”
Garcia wasn’t sure a rally for García Aguilar would work. “We’re literally in survival mode,” Garcia told me that week. It was too early to tell how ICE would behave under Trump, but they were braced for the worst. Nobody had a long-term plan yet. Even as he and his staff moved to organize the news conference, his mind kept running through the possibilities: Would it help García Aguilar stay with her family? Would it snowball into an airport-style protest? Would it cause ICE to double down on her deportation? He decided it was worth trying.
Shortly before noon on Wednesday, García Aguilar and her lawyer, Ray Ybarra Maldonado, entered ICE’s field office as supporters chanted “No está sola!” (You are not alone!) behind her. Telemundo, Univision and ABC shot footage. Supporters posted their own videos on Twitter and Facebook. ICE security warily eyed the scene. An hour later, Ybarra Maldonado exited ICE alone. García Aguilar had been taken into custody. All around the tree-shaded patio adjacent to ICE’s building, Puente members teared up, imagining the same dark future for themselves. Ybarra Maldonado filed a stay of deportation, and Porchas told everyone to come back later for a candlelight vigil.
That night a handful of protesters tried to block several vans as they sped from the building’s side exit. More protesters came running from an ICE decoy bus that had initially distracted those attending the vigil out front. Manuel Saldaña, an Army veteran who did two tours in Afghanistan, planted himself on the ground next to one van’s front tire, wrapping his arms and legs around the wheel. The driver looked incredulous; if he moved the van forward now, he would break one of Saldaña’s legs. Peering through the van windows with cellphone flashlights, protesters found García Aguilar sitting in handcuffs. The crowd doubled in size. “Those shifty [expletive],” Ybarra Maldonado said as he stared at the van. ICE, he said, had never notified him that her stay of deportation had been denied.
Four hours later, García Aguilar was gone. After the Phoenix Police arrested seven people and dispersed the crowd, ICE took her to Nogales, Mexico. By then images of García Aguilar and the protest were already all over television and social media. She and her children became celebrities within the immigrant rights movement. Carlos Garcia, who was with her in Nogales, told me that Mexican officials stalked her hotel, hoping to snag a photo. “Everyone wanted to be the one to help her,” he said. “Everyone wanted a piece.” Later that month, her children — Jacqueline, 14, and Angel, 16 — sat in the audience of Trump’s first address to Congress, guests of two Democratic representatives from Arizona, Raúl Grijalva and Ruben Gallego.
During the Obama years, most immigrant rights organizations focused on big, idealistic legislation: the Dream Act and comprehensive immigration reform, neither of which ever made it through Congress. But Puente kept its focus on front-line battles against police-ICE collaboration. For Garcia, who was undocumented until a stepfather adopted him at 16, the most important thing is simply to contest all deportations, without exception. He estimates that Puente has had a hand in stopping about 300 deportations in Arizona since 2012.
Ever since Arizona passed Senate Bill 1070, one of the toughest anti-undocumented bills ever signed into law, the state has been known for pioneering the kind of draconian tactics that the Trump administration is now turning into federal policy. But if Arizona has been a testing ground for the nativist agenda, it has also been an incubator for resistance to it. Among the state’s many immigrant rights groups, Puente stands out as the most seasoned and most confrontational. In the weeks and months following Election Day 2016 — as progressive groups suddenly found themselves on defense, struggling to figure out how to handle America’s new political landscape — Garcia was inundated with calls for advice. He flew around the country for training sessions with field organizers, strategy meetings with lawyers and policy experts and an off-the-record round table with Senators Dick Durbin and Bernie Sanders in Washington. A soft-spoken man with a stoic demeanor and a long, black ponytail, Garcia was also stunned by Trump’s victory. But organizers in Phoenix had one clear advantage. “All the scary things that folks are talking about,” he told me, “we’ve seen before.” On Nov. 9, he likes to say, the country woke up in Arizona.”

. . . .

On May 3, the day Arreola was to have been deported, Arreola and Andiola gathered with friends, family and supporters for a prayer breakfast at the First Congregational United Church of Christ in Phoenix, which had offered to house Arreola if she chose sanctuary. Pastor James Pennington had been active in the fight for gay rights. The patio of First Congregational was decorated with several flags, including a rainbow flag, an Arizona state flag and an American flag. Inside the church, members of Puente and former members of ADAC formed a circle with several non-Hispanics who had only recently allied themselves with the undocumented. Standing together they recited Psalm 30 in Spanish:

Te ensalzaré, oh Señor, porque me has elevado, y no has permitido que mis enemigos se rían de mi.

I’ll praise you, Lord, because you’ve lifted me up. You haven’t let my enemies laugh at me.

Yet their enemies remained hard at work. A week later, Marco Tulio Coss Ponce, who had been living in Arizona under an order of supervision since 2013, appeared at ICE’s field office in Phoenix with his lawyer, Ravindar Arora, for a check-in. ICE officers, Arora said, knew that Coss Ponce was about to file an application for asylum — several of his relatives had been recently killed or threatened by the Sinaloa cartel in Mexico — and they had assured Arora several times that Coss Ponce would not be removed. They said he simply needed to wear an ankle monitor to make sure he didn’t disappear. The fitting was delayed several times until finally Arora had to leave to argue a case in court. After he departed, ICE officers handcuffed Coss Ponce and put him in a van, alone. Three hours later, he was in Nogales.”

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Read the entire, very lengthy but worthwhile, article at the link.

Wow, can’t help but think “what if” all the energy, emotion, and activity on both sides of the immigration issue were re-directed at working together to “make America greater,” rather than engaging in a dangerous, counterproductive “grown up” game of hide and seek aimed at intimidating and removing productive members of American society who aren’t causing anyone any particular harm!

I’ve got some bad news for “the enforcers.” The U.S. families of most of the deportees aren’t going anywhere. And, there will be a steep price to pay in future generations for intentionally alienating some of America’s “best and brightest,” and our hope for the future as a nation.

Actions have consequences. Hate and disrespect aren’t quickly forgotten. Witness that even today, more than a century after the event, we’re still struggling as a nation with the misguided and hateful cause that created the short-lived “Confederate States of America,” killed hundreds of thousands of Americans of all races, and ruined millions of lives.

Something to think about on Memorial Day.

PWS

05-29-17

Colbert King Op-Ed In WashPost: Terror Threat On The Right!

https://www.washingtonpost.com/opinions/the-us-has-a-homegrown-terrorist-problem–and-its-coming-from-the-right/2017/05/26/10d88bba-4197-11e7-9869-bac8b446820a_story.html

King writes:

“As the Anti-Defamation League noted in a new report, “A Dark & Constant Rage: 25 Years of Right-Wing Terrorism in the United States,” the United States has experienced a long string of terrorist incidents, with many connected not to Islamist terrorists but to right-wing extremists.

The findings were startling.

The ADL analyzed 150 terrorist acts in the United States that were committed, attempted or plotted by right-wing extremists. “More than 800 people were killed or injured in these attacks,” the ADL said, noting that the attacks “surged during the mid-to-late 1990s and again starting in 2009” — the beginning of Barack Obama’s presidency.

The also looked at other acts of violence and determined that “from 2007 to 2016, a range of domestic extremists of all kinds were responsible for the deaths of at least 372 people across the country. Seventy-four percent of these murders came at the hands of right-wing extremists such as white supremacists, sovereign citizens and militia adherents.”

And, reported the ADL, the hate and terror mongers choose their marks carefully: Jews, Muslims and — the most common racial target — African Americans.

According to The Post, a study by the Center for the Study of Hate and Extremism at California State University at San Bernardino showed an overall increase of 13 percent in hate crimes reported, with 1,812 incidents reported in 2016 — the year of our nasty, hate-filled presidential race.
So how about pivoting from Saudi Arabia to turn White House attention to our own homegrown terrorist problem? After all, right-wing extremism may be the predicate that led a hate-filled white student to pick up a knife in the middle of spring commencement celebrations and stab an innocent and promising young man of color to death.

Surely that is worth a presidential thought or two.

Manchester has prompted elevation of Britain’s threat level to its highest.

In light of Richard Collins’s murder, the discovery of a noose in a fraternity house this month, as well as white supremacist fliers posted on campus earlier this year, where is the University of Maryland’s threat level? How about America’s?

After all, haters seem emboldened as never before.”

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Read King’s entire op-ed at the link.

Food for thought, particularly in our gun-fueled society.

PWS

05-29-17

HISTORY: Paul Fanlund In Madison Cap Times: How We Got From Nixon To Trump!

http://host.madison.com/ct/opinion/column/paul_fanlund/paul-fanlund-so-why-can-t-america-just-be-good/article_e8734a95-ed8b-5544-a32f-f5ee791264a3.html#tncms-source=behavioral

Fanlund writes in an op-ed:

“When Roger Ailes died, essays about him ranged from adoring to vilifying. As creator of Fox News, he was perhaps the nation’s most influential political messenger — or propagandist — of the past 50 years.

One aspect of any honest obituary, of course, was his misogyny. Ailes was finally forced out at Fox in 2016 after years of sexual harassing women employees. His 17-year-old son threatened his father’s accusers at the funeral, warning mourners that he wanted “all the people who betrayed my father to know that I’m coming after them, and hell is coming with me.”

But what I found most interesting in immersing myself in analyses of Ailes’ life was how little his craft had to do with liberal versus conservative ideology.

Rather, Ailes was perhaps the master of the dark art of inventing and relentlessly reinforcing hateful caricatures of political opponents — in his case, people of color, bureaucrats, university professors and, of course, the media.

His brilliant execution of that art culminated in Donald Trump.

Ailes, as is widely known, learned from Richard Nixon, for whom he worked as a young television consultant. Nixon launched his political career much earlier by championing “forgotten Americans,” lunch-pail-toting working men whose fortunes, in Nixon’s telling, were stymied by taxes and regulations imposed upon them by far-away elites.

The rest, as they say, is history. Nixon appealed to his “silent majority” to stand against anti-war and civil rights protesters. Democrats opened the floodgates to Republican demagoguery by advancing civil rights. The GOP today has broadened its pool of villains to include Latino and Muslim immigrants.

The 1980s brought jolly Ronald Reagan with his fantastical stories about welfare queens, followed by George H.W. Bush’s law and order and patriotism themes, and so on.

“Individual issues would come and go — acid, amnesty and abortion in 1972, and immigration, political correctness and transgender bathrooms in 2016 — but the attacks on liberals as elite, out of touch and protective of the ‘wrong people’ came from the same playbook,” wrote David Greenberg, a Rutgers professor of history and journalism, in a New York Times op-ed on Ailes.

OK, but why does it always work?

Why are so many — especially older, white, middle-class people — so susceptible to this toxic narrative when it is clear that the trickle-down GOP policies that follow do them so little good?

Maybe, I theorize, it has something to do with how we were all taught.

I’ve talked with many friends about the flag-waving jingoism of our pre-college education, in which our nation was portrayed as perfect, our leaders without fault.

My formal education began when Dwight Eisenhower was president, an era of unfettered national pride. We were a paragon of liberty and justice and never fought in unjust wars. It was as if someone decided that American children could not process the slightest balance or shade of gray.

In this frame, Andrew Jackson was, as Trump likes to say, a glorious “swashbuckler” like himself, not a president who drove Native Americans from their homes, killing thousands in the process. Nor were we ever taught that Jackson, George Washington, Thomas Jefferson and other forefathers owned slaves.

It seems the goal was always to convey “American exceptionalism,” or, more bluntly, reinforce a cultish sense of American superiority.”

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Fanlund’s entire op-ed, at the above link, is well worth a read!

Lots of folks don’t like it when we put US history in perspective. For example, during the “glory days” of my childhood in the 1950’s millions of African Americans throughout the nation, and particularly in the South, were deprived of the basic rights of US citizenship. This was notwithstanding the clear dictates of the 14th Amendment, which had been added nearly a century earlier.

The US and many state governments merely decided not to enforce the law of the land. So much for all of the “rule of law” and “nation of laws” malarkey purveyed by right wingers today.

Indeed, many southern states enacted discriminatory laws that were directly contrary to the 14th Amendment. And, amazingly, for the majority of the 19th and 20th Centuries, courts of law at all levels were complicit in enforcing these unconstitutional laws and ignoring the14th Amendment!

PWS

05-26-17

THE HUMAN TOLL OF IMMIGRATION DETENTION: Mother Attempts Suicide After 6 Months In Texas “Family Detention Centers!”

http://www.huffingtonpost.com/entry/mother-family-detention-suicide-attempt_us_59271267e4b062f96a34da5c?45b

Roque Planas reports in HuffPost:

“AUSTIN, Texas ― A woman locked at a family immigrant detention center tried to take her own life this month in what legal advocates described as a desperate effort to free her two kids.

Samira Hakimi, an Afghan national, has spent the last six months detained with her two young children despite a federal ruling that dictates they should have been released within three weeks. The case reinforces the longstanding concerns of immigrant rights groups that say asylum-seeking families should not be forced into prolonged detention.

“They told us you will only be a couple of days in there,” Hakimi told HuffPost. “I never thought that I would be detained here for such a long time. That I’m detained here because I’m from Afghanistan and that’s all. But I’m human.”

In Afghanistan, the Hakimi family had established a high school and multi-branch private university that used Western curricula, taught in both English and Dari and offered more than half its scholarships to women, according to lawyers representing Hakimi and her husband.

Since 2013, the Taliban repeatedly threatened the family for its work. To avoid the danger of commuting, the family moved onto the university campus and contracted private security guards that year.

It wasn’t enough for them to feel safe. “We could not go outside,” Hakimi said. “My children could not go to school. We thought they might be kidnapped. This was always in our minds…. They have their lives to live. They should live happy and free from every small thing, going to school and enjoying their lives.”

Last year, they fled Afghanistan with Hakimi’s brother-in-law and his pregnant wife, who were facing similar threats.

In December, the two families crossed into the United States from Mexico through a legal port of entry, where they all asked for asylum. The men were separated and sent to all-male immigrant detention centers, where they remain. Hakimi and her kids, as well as her sister-in-law and her newborn baby, were sent to the South Texas Family Detention Center in the town of Dilley and later transferred to the Karnes County Residential Center outside San Antonio.

Hakimi passed her “credible fear” interview ― the first step toward applying for asylum. It’s common practice for Immigration and Customs Enforcement to free people who pass these interviews so they can pursue their cases in immigration court, but ICE declined to release her and her children. The agency did not respond to a request for comment explaining why it refuses to release them. Hakimi’s sister-in-law is also still at Karnes with her 10-month-old baby.
DREW ANTHONY SMITH VIA GETTY IMAGES
The Karnes County Residential Center houses mothers who enter the United States with their children. Most of them seek asylum or other forms of humanitarian exemption from deportation.
Hakimi told HuffPost she had suffered from bouts of clinical depression before being detained. Advocates with RAICES, a nonprofit that provides legal services to detained families, say she had attempted suicide in the past and told medical workers at Karnes that her condition had worsened as her case appeared to stall. Neither medicine nor therapy would alleviate the problem, she argued. Her depression stemmed from remaining locked up in the detention center with her children.

As the months dragged on, she lost hope. “Here, no one talks to us,” Hakimi said. “They don’t give us the reason why I’m detained in here. I never thought that I would be detained here for such a long time.”

Her son came to her one day asking her why other families were allowed to leave but not them. “That was really triggering her,” Amy Fisher, RAICES’s policy director, told HuffPost. “She was crying and really depressed. And she went into this thought process, when she was really low, thinking, ‘Well, if I’m no longer here, maybe my children can be free.’” Kids cannot be held without their parents or guardians in family detention.

After she made an effort to take her own life, she woke up in the medical unit of the detention center and was taken to a nearby hospital, where two members of the detention center staff sat with her continuously.

“I told them, ‘I’m just crying for my children, please,’” she said in a recording with one of her legal providers. “I’m not sick. But they gave me medicine. And they told me take this every four hours, but I didn’t take it anymore.”

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Read the full story at the link.

Don’t think that a few (or even many) attempted suicides or preventable deaths in immigration detention are going to change the Administration’s plans to establish an “American Gulag.” After all, what better “deterrent” than death to put a dent in migration.

No, the only thing that might get in the way is if Democrats start winning elections and wielding some political power in Washington. (Not that Democrats have been particularly enlightened when it comes to immigration detention, either. After all, Dilley, Karnes, Berks County, and other “family residential prisons” were Obama initiatives. But, that’s another story.)

But, as I just pointed out in an earlier blog, Dems appear lost in the political wilderness with no path out.

PWS

05-26-16

 

POLITICS: Dems Fail Again To Make A Dent — GOP Wins Montana House Seat N/W/S Candidate’s Pending Assault Charge!

https://www.nytimes.com/2017/05/25/us/montana-special-election.html?emc=edit_nn_20170526&nl=morning-briefing&nlid=79213886&te=1

The NY Times reports:

“BOZEMAN, Mont. — Greg Gianforte, a wealthy Montana Republican who was charged with assaulting a reporter on Wednesday, nonetheless won the state’s lone seat in the House of Representatives on Thursday, according to The Associated Press, in a special election held up as a test of the country’s political climate.

Mr. Gianforte, 56, was widely seen as a favorite to win against Rob Quist, a Democrat and country music singer. But he seemed to imperil his own candidacy in the final hours of the race after he manhandled a journalist for The Guardian.

Addressing the altercation for the first time late Thursday night, Mr. Gianforte apologized to the Guardian reporter, Ben Jacobs, by name, acknowledged he “made a mistake” and vowed to the state’s voters that he would not embarrass them again.

“You deserve a congressman who stays out of the limelight and just gets the job done,” he said to a group of supporters at a hotel in Bozeman, who repeatedly yelled out that they forgave him.

Voters here shrugged off the episode and handed Republicans a convincing victory. Mr. Gianforte took slightly more than 50 percent of the vote to about 44 percent for Mr. Quist. (President Trump won Montana by about 20 percentage points.) Mr. Gianforte’s success underscored the limitations of the Democrats’ strategy of highlighting the House’s health insurance overhaul and relying on liberal anger toward the president, at least in red-leaning states.”

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Forget all the Trump hoopla, public opinion polls, marches, demonstrations, town halls,  court cases, Russia, and the GOP’s cruelty, deception, and proven inability to govern. None of it appears to make any difference to the folks who count: voters!

There is no reason to believe that if the national election were held today, the results would be any different from November 2016: a GOP win at all levels.

Dems need 1) some dynamic leadership (sorely lacking since the departure of Obama from the national scene), and 2) a program that appeals to voters, at least some of whom pulled the lever for Trump.

The 2016 mistake was running a campaign based almost entirely on the strategy that Trump and the GOP would “self-destruct.” Didn’t work then, and it’s not working now.

How are Democrats, in the few areas of the country they control, improving things for the majority of folks, where the GOP isn’t? How could this be extended to “red areas?” How can immigrants actually create better economic opportunities for folks in red states and rural areas? Democrats need real life results, not just “wonkie” charts, statistics, and articles. How are Democrats going to get the message to folks who get their news from Fox, Breitbart, and their local GOP Representative’s newsletter?

Unless somebody is thinking creatively about the foregoing issues, it’s going to be a long four (or eight) years for Democrats and our country.

PWS

05-26-16

 

 

Fox, Breitbart, and

 

Lisa Rosenberg: Trump Administration’s Misinformation Campaign Targets Immigrants!

http://augustafreepress.com/trump-administration-using-campaign-disinformation-secrecy-target-immigrants/

Rosenberg writes in the Augusta (VA) Free Press:

“The Trump administration has yet to break ground for its promised border wall to keep the undocumented out of the United States, but by embarking on a campaign of misinformation and secrecy, it is rapidly moving forward with efforts to target and deport immigrants already here.
To advance the false narrative that the undocumented community includes an outsized and particularly dangerous set of criminals, the Administration ignores data that shows that high rates of immigration actually coincide with reduced crime rates, and that immigrants are less likely to commit crimes than those born in the United States. As Alex Nowrasteh of the libertarian Cato Institute noted, “It is absurd to highlight the crimes committed by a small group of people without reporting on the crimes committed by everybody.” The misleading use of crime data not only results in questionable policy decisions, but also could lead to unwarranted fear of immigrants and an uptick in hate-crimes against them.
Such fear-mongering appears to be behind the new office for Victims of Immigration Crime Engagement (VOICE) recently launched by Immigration and Customs Enforcement (ICE). VOICE will share selective data about alleged criminals’ immigration and custody status, but will omit information on other crimes, including crimes in which immigrants are victims. VOICE stems from the President’s Executive Order on internal safety and immigration enforcement, which also decreed that Privacy Act protections do not apply to the undocumented. The result is that when VOICE shares information about immigrants, their right to legally challenge potentially erroneous disclosures may be curtailed. The implications could be devastating for individuals who are wrongly targeted, especially given administration’s track record with the facts.
The launch of the VOICE office comes on the heels other efforts by the administration to manipulate facts to support misleading conclusions about immigration enforcement. In an apparent effort to name and shame, the White House ordered ICE to release weekly reports highlighting jurisdictions it claimed did not comply with requests to keep undocumented individuals in custody for up to 48 hours beyond their scheduled release—so-called “detainer requests.” Law enforcement officials in counties nationwide described the data as “unfair and misleading” and openly disputed ICE’s claims. Because complying with detainer requests has been held to be unconstitutional, jurisdictions also objected to the reports’ mischaracterization that they were not complying with federal law. Responding to pressure, ICE has temporarily suspended publication of its misleading weekly reports, but is now concealing data about its own immigration investigations and enforcement with its illegitimate decision to withhold information previously released under Freedom of Information Act (FOIA) requests.
To be sure, the immigration enforcement and deportation machine grew to new levels under a cloak of secrecy during the Obama administration, with serious policy consequences that resonate today. Rights groups litigated with ICE for years to obtain information about its controversial deportation and fingerprint program, known as Secure Communities, which required local law enforcement to forward the digital fingerprints of everyone they booked, regardless of citizenship. ICE then used the information to determine who could be deported. To this day, the FBI continues to expand the massive biometrics database that grew dramatically under the Secure Communities program, and ICE’s ability to issue detainer requests continues because local law enforcement still forwards biometric information about suspects in custody.”

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One of the biggest lies repeated by the Trump Administration and many GOP politicos is that the Obama Administration “didn’t enforce immigration law.” On the contrary, as those of us who served during that Administration know well, Obama enforced the heck out of immigration law — sometimes wisely, sometimes not. Most of today’s real immigration problems (such as the total mess in the U.S. Immigration Courts) stem from over enforcement, not any type of mythical “under enforcement.”

PWS

05-25-17

 

USCIS Nominee Apparently Has Strong Anti-Immigrant Views!

https://psmag.com/news/trumps-uscis-pick-harsh-on-undocument-immigrants

Pacific Standard reports:

“Lee Francis Cissna, President Donald Trump’s nominee to head the federal agency that handles applications for visas, refugee status, and citizenship, has put little on the public record in his 20 years as a lawyer, government employee, diplomat, and Capitol Hill aide.

But it turns out he has left many clues about how he could reverse Obama-era policies if he becomes director of United States Citizenship and Immigration Services, a non-enforcement arm of the Department of Homeland Security.

On Wednesday, May 24th, Cissna, 50, who has worked on immigration policy at Homeland Security for much of his career, is scheduled to appear at a confirmation hearing chaired by Senate Judiciary Committee Chairman Charles Grassley. From 2015 until earlier this year, Cissna worked for Grassley on immigration issues, having been detailed to his staff by Homeland Security. During that time, he remained on the agency’s payroll.

While there, he drafted dozens of letters under the senator’s name to Homeland Security officials, helping Grassley, an Iowa Republican, to intensify his oversight of immigration and creating a blueprint for dismantling President Barack Obama’s initiatives, according to a dozen current and former agency and congressional staff members.

ProPublica reviewed more than 60 of the letters sent by Grassley during the time Cissna worked in his office. Among the policies they criticized were:

An emergency program for Central American children to reunite with parents in the U.S. The system “unquestionably circumvents the refugee program established by Congress,” according to a November of 2015 letter.
The system for granting asylum to people claiming persecution in their home countries. A November of 2016 letter claimed thousands of immigrants were “amassing” in Mexican border cities with the intention of “asserting dubious claims of asylum, which will practically guarantee their entry.”
Giving so-called “Dreamers”—undocumented immigrants brought to the U.S. as children—the chance to obtain travel documents on top of work permits. This program would “open the door to undocumented immigrants to gain U.S. citizenship,” a March of 2016 letter said.
A program allowing undocumented immigrants who are victims of crime to stay in the U.S. even if there are no visa slots available. A December of 2016 letter said the policy is “being exploited by those wishing to defraud the system and avoid deportation.”

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Dude seems to oppose many of the best things that USCIS has done to improve the immigration situation. Also appears that like Senator Grassley he has a habit of repeating largely “fact free” restrictionist, white nationalist dogma. Grassley is right on a few things (allowing cameras in court is one of them) but none of the items mentioned in this article.

PWS

05-25-17

AMERICA’S WORST PUBLIC SERVANT: Read Patrick S. Tomlinson’s NYT Op-Ed: “I’m From Milwaukee And I Oughtta Know, Sheriff David Clarke Has Gotta Go” (Screw Up DHS Like He Did Milwaukee County)!

https://www.nytimes.com/2017/05/23/opinion/take-it-from-milwaukee-beware-of-sheriff-david-clarke.html?em_pos=small&emc=edit_ty_20170524&nl=opinion-today&nl_art=8&nlid=79213886&ref=headline&te=1&_r=0

Tomlinson writes:

“MILWAUKEE — When David A. Clarke Jr., the sheriff of Milwaukee County, announced last week that he’d been appointed to a senior position at the Homeland Security Department, Milwaukee residents like me felt two things: relief that we might finally rid ourselves of his disastrous leadership, and deep concern about what his reported new role will mean for the rest of the country.

Sheriff Clarke (whose appointment the Trump administration has not confirmed) has attracted national attention on several occasions over the past year. In July, he drew scrutiny when, writing for The Hill, he suggested there was a “civil war” between law enforcement officers and members of the Black Lives Matter movement. Last week, CNN reported that he had plagiarized portions of his 2013 master’s thesis from several sources, including the American Civil Liberties Union and President George W. Bush’s book, “Decision Points.” (Sheriff Clarke has denied this accusation, and called the CNN journalist who wrote the report a “sleaze bag.”) And with his image accompanying articles that have circulated online, Sheriff Clarke’s penchant for festooning his uniform with an abundance of pins and ribbons has drawn the ire of veterans and inspired comparisons to the over-adorned uniforms beloved by military dictators.

Locals have been aghast at his conduct for years, and our criticism goes far deeper than his outrageous statements, his bizarre fashion choices and even his academic dishonesty. Residents of this county have witnessed a series of embarrassing incidents and, much worse, human tragedy on Sheriff Clarke’s watch.

Many have seen the 2015 tweet in which he went as far as to say that the Black Lives Matter movement would “join forces with ISIS.” Less well known is the fact that a police union, on behalf of two deputies, successfully sued him in 2007 for religious proselytizing. A district court in Milwaukee found his actions unconstitutional, which a federal appeals panel upheld in 2009. Apparently, Sheriff Clarke thought it was appropriate to force his deputy sheriffs to listen to a Christian-themed presentation, without regard for the separation of church and state.

There’s more. Sheriff Clarke has exhibited petty vindictiveness in response to those who give him even the mildest rebuke. He’s been accused of harassment by Dan Black, a Riverwest resident who said he was detained and questioned by deputies after an interaction with the sheriff on an airplane in January. Mr. Black’s offense? Shaking his head as he walked by Sheriff Clarke, in his first-class seat, wearing Dallas Cowboys gear on the day the team faced Wisconsin’s Green Bay Packers in the playoffs.

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More familiar to the national audience and more disturbing, especially to residents of Milwaukee, one of the most racially segregated cities in the country, is the story of Terrill Thomas, a 38-year-old inmate with bipolar disorder who died in 2016 while awaiting trial in solitary confinement in a jail Sheriff Clarke oversees. Mr. Thomas had gone seven days without water.

But what most Americans outside the Milwaukee metro area may not know is that Mr. Thomas’s death hasn’t been the only suspicious death during Sheriff Clarke’s tenure. Several people have died at a county jail since Sheriff Clarke took office in 2002, including a newborn baby who perished after her mother, Melissa Hall, gave birth on her cell floor. According to a federal lawsuit, Ms. Hall was shackled as she gave birth.

Perhaps the most bizarrely unhinged moment in Sheriff Clarke’s sordid career in Milwaukee came in March when he used a Facebook post to personally attack the city’s mayor, Tom Barrett. After Mr. Barrett criticized Sheriff Clarke for neglecting his duties in favor of Fox News appearances and book promotions, Sheriff Clarke became unhinged. Using the official page of the sheriff’s office, he mocked Mr. Barrett, saying, “The last time Tom Barrett showed up at a crime scene he got his ass kicked by a drunk, tire-iron-wielding man who beat him within inches of his life.” He was referring to a 2009 incident during which Mr. Barrett stepped between a deranged, tire-iron-wielding man threatening a grandmother and a 1-year-old child. Barrett was beaten and hospitalized after the assault, but the woman and child were saved from harm and the man taken into custody.

The timing couldn’t be better for him to step down from his post here. Milwaukee residents are fed up with our homegrown sideshow act. His job approval ratings have tanked in recent months. Were he to run in next year’s sheriff election, he would face an almost insurmountable primary fight for the Democratic spot.

The day we can finally rid ourselves of his malignant, sociopathic leadership can’t come soon enough. “Yippee, giddy up, and leave was my response,” said State Senator Lena Taylor of Sheriff Clarke’s possible appointment. But it’s little comfort because Sheriff Clarke’s power will only expand with his new role, which he has said will begin next month. As Representative Gwen Moore said of the sheriff in Mic, “I can think of few men more uniquely unqualified to liaise with local law enforcement at this juncture.”

The rest of the country should not have to suffer what Milwaukee residents have. David Clarke is not fit for public office. He is incompetent, dishonest, petty, vindictive and cruel. Take it from someone who has had a front-row seat to his antics: Do whatever you can to keep him out of public service, and public life, permanently.

Patrick S. Tomlinson (@stealthygeek) is a novelist, stand-up comic, and political commentator living in Milwaukee, Wis.”

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“Incompetent, dishonest, petty, vindictive, and cruel.” Hmmm, sounds like a perfect fit for the Trump Administration! On the other hand, he was elected to the position three times by the voters of Milwaukee County. So, someone out there must like his style.

PWS

05-24-17

The “Human Rights Free” Presidency — Trump Surrenders U.S. Leadership On Humanitarian Concerns — Embraces Some Of World’s Major Human Rights Violators!

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2017/05/24/daily-202-trump-s-praise-for-duterte-s-drug-war-underscores-his-contempt-for-human-rights/5924d3dee9b69b2fb981db83/?utm_term=.7945757980b7

James Hohmann reports in the Washington Post:

“THE BIG IDEA: It’s one thing to not “lecture” foreign governments who abuse human rights. It’s something else entirely to praise them for it. And that’s exactly what Donald Trump did last month when he called Rodrigo Duterte.

The Post’s David Nakamura and Barton Gellman yesterday obtained a transcript of his April 29th phone call with the president of the Philippines.

“I just wanted to congratulate you because I am hearing of the unbelievable job (you’re doing) on the drug problem,” Trump told Duterte at the start of their conversation, according to the document. “Many countries have the problem, we have a problem, but what a great job you are doing and I just wanted to call and tell you that.”

“Thank you Mr. President,” replied Duterte. “This is the scourge of my nation now and I have to do something to preserve the Filipino nation.”

Trump, who affectionately referred to Duterte as “Rodrigo” during their chat, then took an unsolicited dig at Barack Obama. “I … fully understand that and I think we had a previous president who did not understand that,” the U.S. president said. “You are a good man … Keep up the good work. … You are doing an amazing job.”

With Breanne Deppisch

Duterte called Obama the “son of a whore” during a press conference last September. When he promised to curse out the then-president if he brought up his death squads, the White House canceled a bilateral sit-down that had been scheduled. When Obama later raised concerns about his human rights record, Duterte replied that he could “go to hell.” (He often uses unprintable profanity.)

— The context of Trump’s comments matters: Duterte is an authoritarian thug. He has overseen a brutal extrajudicial campaign that has resulted in the killings of thousands of suspected drug dealers. His abuses are well documented, including in reports by the U.S. State Department and Human Rights Watch.

Duterte has publicly compared his campaign to crack down on drugs to the Holocaust, saying he would like to “slaughter” millions of drug addicts just like Adolf Hitler “massacred” millions of Jewish people. “Hitler massacred three million Jews. Now, there are 3 million drug addicts. … I’d be happy to slaughter them,” he told reporters last September. While Hitler (who actually killed closer to six million Jews) spoke of a “final solution,” Duterte says his campaign of mass killings is the only way to “finish the problem.”
He has said he would kill his own children if they ever took drugs.

One victim of Duterte’s crackdown was a 5-year-old girl, who was shot in the head last summer when armed men came to her house in search of her grandfather.

Eleven days before Trump phoned him, Duterte told a group of Filipino workers in the Middle East that if they lose their jobs because of the falling price of oil they can always come home to work for him. “If you lose your job, I’ll give you one: Kill all the drug addicts,” he said, according to the Philippine Star. “Help me kill addicts … Let’s kill addicts every day.”

The New York Times won a Pulitzer Prize this year for a series of powerful photographs “showing the callous disregard for human life in the Philippines brought about” by Duterte’s policies.

A witness has testified that before Duterte became president, when he was a mayor of Davao City, he paid a squad of hit men to carry out summary executions that involved feeding a body to a crocodile, chopping up corpses and dumping slashed bodies into the sea.

Duterte has boasted to a group of Manila businessmen, on camera, about killing criminals in cold blood when he was mayor: “In Davao I used to do it personally, just to show the (cops) that if I can do it, why can’t you?”

He joked last year that the victim of a gang rape was “so beautiful” that he wishes he had “been first.”

Yesterday he declared martial law on the southern island of Mindanao, as his security forces battled heavily armed militants linked to the Islamic State.
— Trump caught his own aides off guard during his phone call to Duterte by extending an open invitation for him to come visit the White House at any time, with no preconditions. “I will love to have you in the Oval Office,” Trump said, per the transcript. “Seriously, if you want to come over, just let us know.”

— A senior administration official, who confirmed that the quotes in the transcript produced by the Philippines government are accurate, said that the president was not condoning Duterte’s “individual tactics.” Rather, the official said, this was Trump’s “way of expressing solidarity over a common scourge.” But that’s not at all clear from the transcript, and it’s certainly not the impression any reasonable person on the other end of the line would have been left with.
— Trying to advance our national interest, previous presidents of both parties have certainly looked the other way instead of confronting human rights abuses. But they felt they had no choice, especially during the Cold War, and none seemed to relish this dark side of realpolitik.

— As part of his so-called “America First” agenda, Trump seems not just content but determined to have America abdicate its moral leadership in the world. It’s hard to claim American Exceptionalism when Trump praises Duterte this way. It’s hard to say we’re a shining city upon a hill when the American president consistently treats despotic strongmen with greater respect than democratically-elected allies.

— The president’s sometimes over-the-top praise for totalitarian leaders has been covered extensively, from Russia’s Vladimir Putin to Chinese President Xi Jinping, Egyptian President Abdel Fatah al-Sissi, Turkish President Recep Tayyip Erdogan and Thailand Prime Minister Prayuth Chan-ocha.
— Coincidentally, Duterte was meeting with Putin at the Kremlin yesterday around the time that the Post’s story about the transcript broke. He’s referred to the Russian president as his “favorite hero.” This is from the write-up by RT, the government-financed propaganda network: “Duterte, who called Russia a ‘reliable partner,’ also emphasized that Manila is ready to develop relations with Moscow and is looking forward to purchase Russian arms.” Putin also lavished him with praise.

— Words matter: Autocrats have heard Trump loud and clear, and they’re emboldened. Abby Phillip and David Nakamura note that almost no attention was paid to the concerns that have made Saudi Arabia rank among the most repressive nations on Earth during the president’s visit this weekend. “Political protests in Saudi Arabia can be punishable by a death sentence and freedom of expression is severely limited. But Monday, Commerce Secretary Wilbur Ross highlighted the absence of dissenters as a sign of the ‘genuinely good mood’ during Trump’s visit. … And Sunday, a lone event on Trump’s schedule aimed at bolstering civil society in Saudi Arabia was scrapped.”
“We are not here to lecture,” Trump said during his Sunday speech in Riyadh, speaking to about 50 political leaders of Muslim nations, many of which are led by strongmen. “We are not here to tell other people how to live, what to do, who to be or how to worship. Instead, we are here to offer partnership, based on shared interests and values.”

— The foreign policy establishment was collectively horrified by the transcript of the Trump-Duterte call.

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Read the complete story at the link.

Let’s see, dissing US civil servants, promoting xenophobia and racism, shafting the poor and vulnerable, abandoning the sick and chronically ill, enriching his family and cronies, and emboldening anti-democratic autocrats throughout the world. Trump is the antithesis of almost all of the values many of us thought America stood for. Yet, he was elected to lead us. Go figure!

PWS

05-24-17

DHS Reports 740,000 Visa Overstays! — Oh, Those Canadian Businessmen & Tourists, Threatening Our National Existence By Hanging Around & Spending Their Dollars Here — Will A Wall Along The Northern Border Be Next?

https://www.washingtonpost.com/national/us-nearly-740000-foreigners-overstayed-visas-last-year/2017/05/22/f70bea2e-3f16-11e7-b29f-f40ffced2ddb_story.html?tid=hybrid_content_2_na&utm_term=.db2c42f1f0db

The AP reports in the Washington Post:

“SAN DIEGO — Nearly 740,000 foreigners who were supposed to leave the United States during a recent 12-month period overstayed their visas, the Homeland Security Department said Monday, detailing a crucial but often overlooked contributor to the number of people in the country illegally.

President Donald Trump has proposed spending billions of dollars to erect a wall on the U.S. border with Mexico and hire more border agents, but those measures would not address people who arrive legally and stay after their visas expire. An estimated 40 percent of the roughly 11 million people in the country illegally stayed past their visas.

There were 739,478 overstays from October 2015 through September 2016 among visitors who arrive by plane or ship — more than the population of Alaska.

The total number of overstays is much larger but has not been quantified because the statistic doesn’t include how many people leave by land.

The cost and technological hurdles to develop a checkout system at congested land crossings are enormous because the sites are so busy. Last year, Homeland Security tested facial scans at a San Diego border crossing but has npt said if the technology works or will be expanded.

Homeland Security last year published the number of overstays for the first time in at least two decades, saying 527,127 people who came by air or ship stayed past their visas from October 2014 to September 2015.

This year’s report added student and foreign exchange visitors and many visa categories for temporary workers, while last year’s only counted business travelers and tourists. Homeland Security said it will make additional improvements in future reports, including more data on people who cross by land.

Overstays accounted for 1.5 percent of the 50.4 million visitors who arrived by plane or ship in the latest period, Homeland Security said. Canada occupied the top slot for overstays among business travelers and tourists, followed by Mexico, Brazil, Venezuela and the United Kingdom. Germany, Colombia, China, India and Italy rounded out the top 10.”

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Read the complete,article at the link.

Immigration is a much more complex and nuanced subject than this Administration will acknowledge. But, I’m not sure that these raw numbers, without more analysis, are anything we should be losing sleep over.

PWS

05-24-17

Supremes Find GOP’s Racist Intent Drove NC Redistricting!

https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-race-improperly-dominated-nc-redistricting-efforts/2017/05/22/c159fc70-3efa-11e7-8c25-44d09ff5a4a8_story.html

Robert Barnes reports in the Washington Post:

“The Supreme Court ruled Monday that North Carolina’s Republican-controlled legislature relied on racial gerrymandering when drawing the state’s congressional districts, a decision that could make it easier to challenge other state redistricting plans.

The decision continued a trend at the court, where justices have found that racial considerations improperly tainted redistricting decisions by GOP-led legislatures in Virginia, Alabama and North Carolina. Some cases involved congressional districts, others legislative districts.

The states contended that their efforts were partisan moves to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which are forbidden.

But the justices declared that North Carolina had relied too heavily on race in its efforts to “reshuffle,” in the words of Justice Elena Kagan, voters in two congressional districts. They were unanimous in rejecting one of the districts and split 5 to 3 on the other.

“This is a watershed moment in the fight to end racial gerrymandering,” said former attorney general Eric H. Holder Jr., who is part of a Democratic effort focused on redistricting. “North Carolina’s maps were among the worst racial gerrymanders in the nation. Today’s ruling sends a stark message to legislatures and governors around the country: Racial gerrymandering is illegal and will be struck down in a court of law.”

North Carolina leaders said the court had made the rules regarding redistricting even murkier. Lawmakers are required to consider race when drawing legislative lines so that minorities have a chance to elect candidates of their choice when the numbers are there. But the court has said racial considerations cannot predominate when drawing the districts.”

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Racism is an obvious problem in the Republican Party and particularly in the Trump Administration. The GOP publicly denies racist intent while regularly practicing it to maintain and “fire up” their electoral base. At some point, actions speak louder than words.

Contrary to the disingenuous statements by GOP leaders in North Carolina that the Court’s ruling is “confusing,” former US Attorney General Eric Holder has succinctly stated it: “Racial gerrymandering is illegal and will be struck down in a court of law.”

While I haven’t always agreed with him, Eric is one of the brightest guys around. But, you don’t even have to be at his intellectual level to “get the message.”

One guy who is unlikely to get the message is current US Attorney General Jeff Sessions.  He has pledged to “back off” of the DOJ’s aggressive stand in protecting minority voting rights, developed under AGs Holder and Lynch, and instead to defer to racist state legislative actions designed to dilute or discourage minority voting. Not surprisingly, this happens most often in the GOP controlled areas of the South.

Liz was right!

PWS

05-23-17

N. Rappaport On GOP’s “Extreme Enforcement” Initiatives!

http://thehill.com/blogs/pundits-blog/immigration/334554-republicans-are-preparing-extreme-immigration-measures

Nolan writes in The Hill:

“Highlights from Labrador’s summary of the Davis-Oliver Act.

It provides states with congressional authorization to enact and enforce their own immigration laws to end the executive branch’s ability to unilaterally shut down immigration enforcement.
It withholds certain federal grants from jurisdictions that refuse to honor immigration detainers or prohibit their law enforcement officers from giving immigration-related information to U.S. Immigration and Customs Enforcement (ICE).
Jurisdictions that refuse to honor detainer requests and release criminal aliens may be sued by the victims of crimes the aliens commit after they are released.
It makes membership in a criminal gang grounds for deportation.
It requires background checks to be completed before immigration benefits can be granted.
Criminalization of undocumented aliens.

Section 314 makes crimes out of illegal entry and unlawful presence. If an offender does not have three misdemeanor convictions or a felony conviction, a first offense can result in imprisonment for up to six months. Subsequent offenses can result in imprisonment for up to two years.

If the alien has three misdemeanor convictions or a felony conviction, however, the term of imprisonment can be up to 20 years. This is not as harsh as some of the criminal provisions which are in the Immigration and Nationality Act (INA) already. Smuggling an alien into the country or helping one to remain here unlawfully (harboring) may “be punished by death or imprisoned for any term of years or for life” if it results in the death of any person.

Home free magnet.

President Obama created what I call the “home free magnet”, when he focused enforcement on undocumented aliens who had been convicted of serious crimes or had been caught near the border after making an illegal entry. Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country.

This attracted undocumented aliens and became a powerful incentive for them to do whatever was necessary to enter the United States. President Trump destroyed this magnet with tough campaign rhetoric and his executive order, Enhancing Public Safety in the Interior of the United States, which greatly expands Obama’s enforcement priorities.

. . . .

Perhaps the Democrats should consider supporting a modified version of the Davis-Oliver Act in return for Republican consideration of a modified legalization program and other measures that are important to the Democrats.

A similar agreement was the basis for the Immigration Reform and Control Act of 1986 (IRCA), which made legalization available to millions of undocumented aliens in return for interior enforcement measures and border security.

The Republicans can deport most of the undocumented aliens in the country if they choose to do so, but it would take a long time and would be very expensive politically as well as financially.

They might be willing to consider a legalization program that is based on American needs, such as preventing citizen and lawful permanent resident families from being broken up and providing needed foreign workers for American employers.”

It could be limited to temporary lawful status while background investigations are being conducted. Greg Siskind and I suggested a way to do this in, “Pre-Registration: A Proposal to Kick-Start CIR.”

To be truly comprehensive, immigration reform has to include effective enforcement measures and time for putting together such a bill is running out.

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Read Nolan’s complete article over on The Hill at the above link.

Having served during the Obama Administration (as well as others from both parties) I disagree with Nolan’s characterization of Obama as having a “home free” policy. At least since the summer of 2014, no characterization could be further from the truth!

Beginning in the summer of 2014, the Obama Administrations, quite unwisely in my view, “prioritized” the cases of recent arrivals at the Southern Border. By taking these cases out of sequence, and totally out of proportion to any “threat” they posed, the Obama Administration’s policy of Aimless Docket Reshuffling (“ADR”) helped create an Immigration Court backlog that now approaches 600,000 cases, notwithstanding relatively “flat” receipts and actual increases in the number of sitting judges.

While eliminating the “recent arrivals priority,” the Trump Administration’s essentially “random” enforcement policy, lacking in any type of restraint or rationality, has actually made things much worse. As backlogs mushroom, the “home free” problem is actually more significant, although with a pronounced degree of randomness and irrationally. In other words, total docket chaos in Immigration Court.

While the threat of more “expedited removals,” which evade the Immigration Courts, does hang over the system, the procedures have not actually been implemented. Moreover, contrary to Nolan’s suggestion, there is no chance that the GOP will be able to remove more than a small fraction of the approximately 11 million undocumented aliens in the U.S. Yes, arbitrary enforcement does produce some “terrorism” effect by making everyone feel unsafe. Perhaps a relatively small number of undocumented residents will give up and leave (or try to enter Canada). Nevertheless, there is no practical way that 11 million individuals actually could be removed.

The GOP would do much better to sign on to immigration reforms that would give some type of legal status (not necessarily green cards) to most of those already here, while expanding legal immigration opportunities across the board. The resulting system would actually reduce pressure on the border while making interior enfircement more of a practical possibility than it has been at any time during the last for decades. But, that would take a thoughtful, practical, non-xenophobic, approach — something that has eluded the GOP in the years since the Reagan Administration.

Look for folks like Labrador & Goodlatte to work with the Adminstration to create a complete “train wreck” in the immigration enforcement system.

PWS

05-22-17

 

10th Amendment Scoring A Comeback At Both Ends Of The Political Spectrum

 

https://www.wsj.com/article_email/federalism-for-the-left-and-the-right-1495210904-lMyQjAxMTE3MTIyMDUyNTA0Wj/

Jeffrey Rosen writes in the WSJ:

“President Donald Trump has issued a series of controversial executive orders on immigration that are now tangled up in federal courts. Judges in Hawaii and Maryland have blocked the president’s ban on travelers from six mostly Muslim countries, and another judge in Seattle has blocked his executive order threatening to remove federal funding for “sanctuary cities” that refuse to cooperate with federal immigration agents.

If this contest between branches of government sounds familiar, it should. President Barack Obama also tried to use executive orders to push through his own very different immigration policies, and he was similarly rebuffed by the courts. They held that he lacked the unilateral authority to shield millions of undocumented immigrants from deportation.
There’s a lesson in the symmetry of these two examples, and figures from across the political and ideological spectrum are increasingly embracing it: Many of the issues that recent presidents have tried to decide at the national level through executive orders are best resolved at the state or local levels instead. In an era of fierce partisan divisions, all sides are beginning to see the virtues of our federal system in accommodating differences—and encouraging experimentation—on issues such as immigration, law enforcement and education.

Federalism has long been a cause on the right, but now it’s just as likely to be a rallying cry on the left. Rep. Zoe Lofgren, the top Democrat on the House Judiciary’s immigration and border-security subcommittee, recently said: “The Constitution, specifically the Tenth Amendment, protects states’ rights, and it prohibits federal actions that commandeer state and local officials. When it comes to immigration, these principles seem to be overlooked.”

The framers of the Constitution would be pleased with this emerging consensus. By creating a national government with limited powers, they intended to allow the states and local governments to pursue a range of different policies on matters within what used to be called their “police powers”—that is, their authority to regulate behavior, maintain order and promote the public good within their own territory. The founders considered this arrangement the best way to protect liberty and diversity of opinion, as well as to defend political minorities from nationalist tyranny and concentrated power.”

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Perhaps this is a return to constitutionalism.  But, perhaps it’s more representative of the failure of Congress to effectively address the need for comprehensive immigration reform.

PWS

05-21-17

State & Local Prosecutors “Just Say No” To Gonzo-Apocalypto’s Retrograde Agenda!

https://www.washingtonpost.com/news/post-nation/wp/2017/05/19/prosecutors-are-pushing-back-against-sessions-order-to-pursue-most-severe-penalties/?hpid=hp_hp-more-top-stories_sessions-penalties-920pm%3Ahomepage%2Fstory&utm_term=.47be355726b2

Lindsey Bever reports in the Washington Post:

“A week after U.S. Attorney General Jeff Sessions told federal prosecutors to “charge and pursue the most serious, readily provable offense” and follow mandatory minimum sentencing guidelines, a bipartisan group of prosecutors at the state and local level is expressing concern.

Thirty current and former state and local prosecutors have signed an open letter, which was released Friday by the nonprofit Fair and Just Prosecution, a national network working with newly elected prosecutors. The prosecutors say that even though they do not have to answer Sessions’s call, the U.S. Attorney General’s directive “marks an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good in their communities.

“What you’re seeing in this letter is a different wind of change that’s blowing through the criminal justice field,” said Miriam Krinsky, a former federal prosecutor and executive director of Fair and Just Prosecution.

“There does seem at the federal level to be a return to the tough-on-crime, seek-the-maximum-sentence, charge-and-pursue-whatever-you-can-prove approach,” Krinsky said. But, she added, at a local level, some believe “there are costs that flow from prosecuting and sentencing and incarcerating anyone and everyone who crosses the line of the law, and we need to be more selective and smarter in how we promote both the safety and the health of our communities.”

Signers of the letter include Los Angeles City Attorney Mike Feuer, Manhattan District Attorney Cyrus R. Vance Jr., and Karl Racine, attorney general of the District of Columbia.

The prosecutors say that there are no real benefits to Sessions’s May 10 directive, but they noted “significant costs.”

The letter states:

The increased use of mandatory minimum sentences will necessarily expand the federal prison population and inflate federal spending on incarceration. There is a human cost as well. Instead of providing people who commit low-level drug offenses or who are struggling with mental illness with treatment, support and rehabilitation programs, the policy will subject them to decades of incarceration. In essence, the Attorney General has reinvigorated the failed “war on drugs,” which is why groups ranging from the American Civil Liberties Union to the Cato Institute to Right on Crime have all criticized the newly announced policy.”

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Read the complete article at the above link.

As mentioned in an earlier posting, a bipartisan group of Senators, led by Sen. Rand Paul (R-KY) is also pushing back against Sessions’s prosecution policies.

 

PWS

05-19-17

LEGISLATION: House GOP Takes The Low Road — Eschews Compromise — Goes For Enforcement Overkill!

http://www.cnn.com/2017/05/18/politics/immigration-bill-house-committee/index.html

Tal Kopan reports for CNN:

“Washington (CNN)Democrats and Republicans on Thursday faced off over immigration policy as a House committee began considering a set of immigration bills that Democrats say would amount to the creation of a “mass deportation force.”

Proponents of the first bill under consideration by the House judiciary committee — named after two law enforcement officers who were allegedly murdered by an undocumented immigrant — advocated for the bill as important to public safety and rule of law.
But Democrats on the committee decried the bill as an unnecessarily harsh anti-immigrant push by President Donald Trump.
“Proponents of this bill say that it’s necessary to keep us safe, but what the bill really does is pander to the noxious notion that immigrants are criminals and should be dealt with harshly,” said immigration subcommittee ranking member Zoe Lofgren, a California Democrat. “This bill gives Trump and (adviser Steve) Bannon the legislation to establish their mass deportation force. … This bill should really be called the ‘Mass Deportation Act,’ because that’s what it is.”
Judiciary Chairman Bob Goodlatte said the bill was not intended to target immigrants, but to “respect the rule of law.”
“This is simply a bill that gives any administration, the current one and future ones, the authority to enforce our laws properly, and gives to state and local governments … the ability to participate in that enforcement,” Goodlatte said.
The committee was set to mark up three Republican bills related to immigration on Thursday — one that would vastly expand the role of state and local jurisdictions in immigration enforcement and two others that would authorize immigration components of the Department of Homeland Security.
But by mid-afternoon, the committee recessed until next week after only making its way through two amendments. Both were brought by Democrats to strike portions of the bill, and after lengthy debate, both were rejected by the Republican majority committee. Democrats were expected to continue bringing a number of similar amendments when the markup continues on the nearly 200 page bill.
The main bill the committee discussed, the Michael Davis Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, was introduced by Republican Rep. Raul Labrador of Idaho, and closely resembles similar legislation that the House judiciary committee has advanced in the past and that now-Attorney General Jeff Sessions introduced in his time in the Senate.
The Davis-Oliver Act would substantially increase the capabilities of federal and local immigration enforcement, including empowering state and local law enforcement to enact their own immigration laws and penalties. It also would give the government powers to revoke visas, beef up Immigration and Customs Enforcement’s ability to arrest and deport undocumented immigrants, increase criminal penalties for undocumented immigrants and punish sanctuary jurisdictions.

The two parties went back and forth on the bill, with Democrats decrying it as demonization of all immigrants, as an increase in mass incarceration and as a promotion of racial profiling and as unconstitutional federal overreach. They noted that local law enforcement in sanctuary cities say their policies are important for victims and witnesses of crimes to feel comfortable coming forward.
But Labrador said the notion that the bill harms public safety is “the most preposterous and outrageous argument I’ve ever heard.”
“For too long we have allowed individuals to enter our country illegally and in many cases do us harm,” he said. “While other reforms are needed, this bill is vital to a long-term fix.”
The other two bills, introduced by Goodlatte, a Virginia Republican, would serve as authorizations for ICE and US Citizenship and Immigration Services, codifying the mission statements of both entities. The USCIS bill would focus the agency, which oversees the issuance of visas and grants immigrants the ability to enter the U.S. . . . .”

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America has all the immigration enforcement we need at present. Undocumented entries are down, the undocumented population is stable, and all reputable studies show that migrants of all types are among the most law-abiding sectors of our society.  Also, the DHS is unable to remove everyone who is currently under a final order of removal.  The U.S. Immigration Court system is completely backlogged, with nearly an astounding 600,000 pending cases.

Consequently, beyond funding “fixes” for the overwhelmed Immigration Courts and the DHS program for executing final orders of removal, there is no need for additional immigration enforcement personnel and authority at this time.  Nor is there any need to push reluctant cities to help DHS out with immigration enforcement.

No, notwithstanding the disingenuous statements by GOP Reps. Goodlatte and Labrador, this is all about generating anti-immigrant sentiment and promoting a non-existent link among  immigrants, crime, and national security..

What America really needs is some type of legalization program to allow the millions of law-abiding undocumented individual already here to continue to work and contribute to our society.  Additionally, we need immigration reform that would expand the legal immigration system to more realistically match supply with demand. This, in turn, would encourage individuals to enter through the legal system and thereby register and submit themselves to complete pre-entry vetting.  That’s what would actually promote the safety and prosperity of America!

PWS

05-19-17