Vox Reports More Harsh Executive Actions On Migration May Be In The Offing!

http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked-drafts-trump-immigrants-executive-order

“On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by [the Department of Justice or the Office of Legal Counsel].”

We were not, at the time, able to verify the authenticity of the documents and did not feel it would be reasonable to publish or report on them.

But on Wednesday afternoon, Trump signed two executive orders on immigration that word-for-word matched the drafts we’d received. Given that our source had early access to two documents that were proven accurate, and that all the orders closely align with Trump’s stated policies on the campaign trail, we are reporting on the remaining four.

The source cautioned that “there are substantive comments on several of these drafts from multiple elements of NSC staff” and “if previous processes remain the norm, there [are] likely to be some substantive revisions.” It is possible these orders will emerge with substantial changes, or even be scrapped altogether.

We sent the White House PDFs of the documents and left voicemails with aides, but did not receive a response.

The two orders released today by the Trump administration, and delivered yesterday by our source, start the process of building President Trump’s famous “wall,” and make it easier for immigration agents to arrest, detain, and deport unauthorized immigrants at the border and in the US. Those policies are explained in detail here.

The four remaining draft orders obtained by Vox focus on immigration, terrorism, and refugee policy. They wouldn’t ban all Muslim immigration to the US, breaking a Trump promise from early in his campaign, but they would temporarily ban entries from seven majority-Muslim countries and bar all refugees from coming to the US for several months. They would make it harder for immigrants to come to the US to work, make it easier to deport them if they use public services, and put an end to the Obama administration program that protected young “DREAMer” immigrants from deportation.

In all, the combined documents would represent one of the harshest crackdowns on immigrants — both those here and those who want to come here — in memory.”

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

See the full Vox story at the link for details on each of the “draft” orders.

PWS

01/25/17

VOX News: Supreme Short List — Trump To Go With A U.S. Appeals Judge — Judges Gorsuch (10th C), Hardiman (3rd C), & Pryor (11th C) Top List!

http://www.vox.com/policy-and-politics/2017/1/24/14372842/donald-trump-supreme-court-gorsuch-hardiman-pryor

“Now, Politico’s Eliana Johnson and Shane Goldmacher report that Trump has narrowed the choices to three, all of whom are on federal appeals courts:

Neil Gorsuch, 49, of the 10th Circuit Court of Appeals (which covers Colorado, Kansas, New Mexico, Utah, Wyoming, and Oklahoma)
Thomas Hardiman, 51, of the Third Circuit Court of Appeals (which covers Delaware, New Jersey, and Pennsylvania)
William “Bill” Pryor, 54, of the 11th Circuit Court of Appeals (which covers Alabama, Georgia, and Florida)
Johnson and Goldmacher report that Gorsuch and Hardiman have an advantage and Pryor’s chances have waned.

All three finalists are white men appointed to their posts by George W. Bush, but they vary in background and in how contention [sic] their nominations would likely be.”

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

Read full bios of all three judges at the above link.  Reportedly, after the Republicans “stonewalled” the Garland nomination, the Democrats are not going to be racing to complete the confirmation process for the late conservative icon Justice Antonin Scalias’s replacement. But, in the end, the Republicans have the votes to put President Trump’s nominee on the Court.  And, given that all three of these judges have been previously vetted and confirmed for prestigious U.S. Court of Appeals judgeships, barring any surprises, President Trump will get his choice.

Interestingly, I heard on a news report today that the average time lapse between formal nomination and confirmation for a Supreme Court Justice is 70 days.  Compare that the with the snail-paced hiring process for U.S. Immigration Judges who are Executive Branch employees and do not require Senate confirmation.

The U.S. Immigration Judge hiring process sometimes takes a year or more. While in the past judicial hiring was sometimes completed in 70 days or less, those days are long gone. What’s the deal here? Most of the recent Immigration Judge appointees have been from Government backgrounds and already had security clearances. And, background clearances, although important, are basically a ministerial/administrative process, not “rocket science.” With more than half a million pending cases and many judicial vacancies (which might or might not be frozen) there remarkably does not seem to be any sense of urgency in the DOJ/EOIR judicial hiring process. Go figure!

PWS

01/24/17

President Trump Taps Career Prosecutor Rod J. Rosenstein For #2 Slot At Justice!

https://en.m.wikipedia.org/wiki/Rod_J._Rosenstein

“Rod J. Rosenstein (born in 1965) is the United States Attorney for the United States District Court for the District of Maryland and a former nominee to the United States Court of Appeals for the Fourth Circuit.

President-elect Donald Trump nominated Rosenstein to serve as Deputy Attorney General for the United States Department of Justice on January 13, 2017.”

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

Mr. Rosenstein appears to be a good choice for Deputy Attorney General.  Traditionally, the Deputy Attorney General has, among many other duties, had primary responsibility for overseeing the Executive Office for Immigration Review (“EOIR”), which administers the U.S. Immigration Courts.  Hopefully, Mr. Rosenstein’s extensive “hands on” experience in the Article III Federal Courts — he still personally litigates some cases — will lead him to focus some positive attention on the situation of the overwhelmed U.S. Immigration Courts.

Mr. Rosenstein’s full Wikipedia bio is at the above link.

PWS

01/24/17

 

Washington Post: As Promised, President Trump Imposes Federal Hiring Freeze — Impact On Immigration Courts Unclear!

https://www.washingtonpost.com/news/powerpost/wp/2017/01/23/trump-freezes-federal-hiring/?tid=hybrid_collaborative_1_na&utm_term=.ec045f3827e3

“President Trump issued an executive order Monday freezing federal hiring. The hiring freeze excludes national security employees.

A hiring freeze was included in the Trump presidential campaign’s “Contract with the American Voter.” It was the second of six measures “to clean up the corruption and special interest collusion in Washington, D.C.” and part of his “100-day action plan to Make America Great Again.”

The plan excludes the “military, public safety, and public health.”

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

I imagine we will hear shortly from the DOJ/EOIR on how this affects hiring for the U.S. Immigration Courts.  Stay tuned.

PWS

01/23/17

Uniting America, Trump Style — I Never Found Much Common Ground With George Will (Except, Sometimes, On Baseball) — But, I Woke Up The Morning After To Find We Were “Brothers!”

https://www.washingtonpost.com/blogs/post-partisan/wp/2017/01/20/a-most-dreadful-inaugural-address/?utm_term=.36d0d9ef923f

George Will writes in the op-ed page of today’s Washington Post:

“A most dreadful inaugural address
Trump’s inaugural address in three minutes

Play Video2:59

On Jan. 20, 2017, President Trump took the oath of office, pledging in his inaugural address to embark on a strategy of “America first.” Here are key moments from that speech. (Sarah Parnass/The Washington Post)

Twenty minutes into his presidency, Donald Trump, who is always claiming to have made, or to be about to make, astonishing history, had done so. Living down to expectations, he had delivered the most dreadful inaugural address in history.

Kellyanne Conway, Trump’s White House counselor, had promised that the speech would be “elegant.” This is not the adjective that came to mind as he described “American carnage.” That was a phrase the likes of which has never hitherto been spoken at an inauguration.

Oblivious to the moment and the setting, the always remarkable Trump proved that something dystopian can be strangely exhilarating: In what should have been a civic liturgy serving national unity and confidence, he vindicated his severest critics by serving up reheated campaign rhetoric about “rusted out factories scattered like tombstones across the landscape” and an education system producing students “deprived of all knowledge.” Yes, all.
But cheer up, because the carnage will vanish if we “follow two simple rules: Buy American and hire American.” “Simple” is the right word.

Because in 1981 the inauguration ceremony for a cheerful man from the American West was moved from the Capitol’s East Portico to its West Front, Trump stood facing west, down the Mall with its stately monuments celebrating some of those who made America great — Washington, Jefferson, Lincoln. Looking out toward where the fields of the republic roll on, Trump, a Gatsby-for-our-time, said: “What truly matters is not which party controls our government but whether our government is controlled by the people.” Well.

“A dependence on the people,” James Madison wrote, “is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” He meant the checks and balances of our constitutional architecture. They are necessary because, as Madison anticipated and as the nation was reminded on Friday, “Enlightened statesmen will not always be at the helm.”

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

Right on, George, you “nailed” it this time!

And, he was by no means the only one. Perhaps predictably, the “headliner” on the lead Washington Post Editorial was: “In his inaugural address, Trump leaves America’s better angels behind.” Wow, how “presidential” does it get?

https://www.washingtonpost.com/opinions/in-his-inaugural-address-trump-leaves-americas-better-angels-behind/2017/01/20/d0f06378-df40-11e6-ad42-f3375f271c9c_story.html?utm_term=.a2e4249340c

Even the Wall Street Journal, by no means a shill for progressive liberalism, had to remark on President Trump’s complete failure to acknowledge the Constitutional limits on his power or to recognize that he will need to work with another Constitutional Branch of Government, the U.S. Congress (and, probably not just the Republicans there) to get things accomplished.  And, in the spirit of the “new unity,” I acknowledge that the Wall Street Journal has always had a very clear understanding of the essential contributions of immigrants, regardless of status upon arrival, to America’s economic, social, and political success.  Although I often disagree with its stances, I find that the Journal’s overall optimism about America and our future stands in stark contrast to the dark, sinister caricature of America set forth by President Trump yesterday.

Here is the link to the WSJ editorial:

http://www.wsj.com/articles/trumps-populist-manifesto-1484957386

Remarkably, President Trump appears to view himself as not just the representative of the American people (which, as President, he is) but also the very embodiment of the American people. That’s a very odd assertion for a leader who came into power while losing the popular vote by 2.8 million. Such appeals to narrow, totally self-interested nationalism are not new for world leaders past and present; however, they are seldom heard from leaders of true republican democracies. Does President Trump really understand how unbridled nationalism caused two disastrous world wars along with genocides and mass political exterminations during the past century?

Even more disturbing, President Trump’s definition of the “American people” seems inappropriately narrow: it excludes not only the majority of American voters who favored his opponent, but also doesn’t appear to fully acknowledge the existence of many Americans who can’t vote, such as children and, in particular, immigrants, regardless of status, whose interests, according  to the U.S. Supreme Court, are entitled, along with those of other non-voters, to fair representation by our elected officials all the way up to our President. That’s why the Supreme Court upheld apportionment by total population, not just the population of U.S. citizens or registered voters. For example, the large number of electoral votes that President Trump picked up in Texas owes, in no small measure, to the large number of immigrants, legal and undocumented, who have fueled Texas’s overall population surge at the expense of other states in the East and Midwest with dwindling populations.

I try to remain optimistic. I approach the news each day with the hope, however slim, that I will discover some evidence that our President understands the real America out there and his responsibilities to represent and inspire all Americans, not just the minority who happen to agree with him.  (I also heard and read enough “anecdotal” interviews with Trump voters after the election to know that some of them don’t necessarily share his dark and exclusive vision of America; they just want some change and hope that as a successful businessman President Trump will bring them and their communities at least some of the same material success that he has accumulated over a lifetime.)

But, as one of my “around 70” friends said to me recently, “Schmidt, at our ages we are what we are; what you see is pretty much what you get.”  And, President Trump has been around even longer than we have.  That’s something that might not bode well for the real America out there.  We’ll just have to hope for the best, for all Americans.

Celebrate the really great America, every day!

Due process forever!

PWS

01/21/17