"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Liem v. Attorney General, 3d Cir., 04-19-19, published
PANEL: HARDIMAN, SCIRICA, and RENDELL, Circuit Judges
OPINION BY: Judge Rendell
KEY QUOTE:
Because the BIA did not explain its conclusion and did not meaningfully consider much of the evidence presented by Liem, we will grant his petition for review, vacate the denial of his second motion to reopen, and remand to the BIA for further proceedings consistent with this opinion. In doing so, we do not decide whether Liem has shown materially changed conditions in Indonesia warranting reopening of his removal proceedings. Rather, we conclude that the abovementioned evidence contradicting the BIA’s determination is strong enough to require the BIA to afford it more thorough consideration. We remand for the BIA to meet its heightened duty and meaningfully consider all of the evidence, which may or may not yield a different result.
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Welcome tho the world of today’s BIA, where it’s all about numbers — who cares about analysis.
And, Barr fully and contemptuously intends to make it even worse — stuff it down the throats of the Article IIIs — by encouraging more use of non-analytical “summary affirmances” at the same time that Immigration Judges are being pushed to enter more “idiot orders” denying relief without any real reasoning. Then, he’s going to count on “Trump’s Chumps” among the Article IIIs to “Chevron” and “Brand X” themselves right out of existence.
So, we’re about to find out how much integrity the Article IIIs really have. Will they resist and appropriately “stuff” Barr’s blatant, unethical attempt to shift the “backlog” to them by “just saying no” and returning these cases en masse? Will they finally step up to the plate and rule this entire Immigration “Court” farce unconstitutional, halting most removals until Congress establishes a Due Process compliant independent system?
Or, as Trump, Sessions, and now Barr count on, will they function as “Trump’s Chumps,” mere “stationmasters on the deportation railroad” whose job it is to count the cattle cars of humans heading south? Folks in robes willing to “go along to get along” with the “new Jim Crows” by tanking their responsibility to enforce the Constitution for migrants. Just “defer” to non-existent analysis and parodies of court proceedings because we’re dealing with the vulnerable who can’t fight back.
History will be watching how they perform. So far, Trump & Co. haven’t been completely right, particularly about the lower Federal Court judiciary. They have encountered quite a few judges appointed by both parties ready and willing to stop the Administration’s all out assault on the rule of law and our Constitution.
But, the Trumpsters haven’t been completely wrong about the higher Federal Courts either. The totally disingenuous performance of the “Trump Chump Five” during oral argument this past week at the Supremes on the “Census Case” — a “no brainer” teed up by the lower courts that an impartial and functional Court would have used to deliver a resounding 9-0 rebuke of Trump’s “DOJ Legal Sycophant Ethics-Free Team” — could have been scripted by Stephen Miller with a little help from Steve Bannon.
The big problem here is that folks in the “ivory tower” of the U.S. Circuit Courts and the Supremes operate outside the real world. They don’t seem to be able to picture themselves or their families or loved ones in the cattle cars heading south on the railroad. Indeed, unlike trial judges, they don’t even have to face the folks they are disenfranchising, dehumanizing, and whose legal rights they are trashing.
Their failure to connect the law with humanity, human rights, moral values, and simple fundamental fairness may well be the downfall for all of us. At some point, they might find that the “Liar-in-Chief” and his toadies no longer need their stationmasters — that complicit judges have become as dispensable as the humans whose lives and rights they have failed to protect.
One of America’s most successful exports is in trouble.
For decades, the U.S. higher-education system has been the envy of the world. We “sell” much more education to other countries than we “buy” from them; nearly three times as many foreign students are currently studying here as we have abroad.
In trade terms, this means we run a massive surplus in education — about $34 billion in 2017, according to Commerce Department data. Our educational exports are about as big as our total exports of soybeans, coal and natural gas combined.
But all that may be at risk.
A recent report from the from the Institute of International Education and the State Department found that new international student enrollments fell by 6.6 percent in the 2017-2018 school year, the second consecutive year of declines. A separate, more limited IIE survey of schools suggests that the declines continued this fall, too.
To be sure, some of the forces behind these decreases are beyond our (or President Trump’s) control. Some foreign governments, such as Brazil and Saudi Arabia, have reduced the scholarships that previously sent significant numbers of students to the United States, according to Peggy Blumenthal, senior counselor to the president at IIE.
China, whose students represent about a third of U.S. international student enrollment, has been investing in improving its own domestic university system, too.
But according to the schools that are now watching the trend, the biggest forces deterring international students are U.S. policy and U.S. culture.
“They see the headlines and they think that they’re no longer wanted in the United States,” said Lawrence Schovanec, president of Texas Tech University, whose foreign student enrollment declined by 2 percent this year. Sixty percent of schools with declining international enrollment, in fact, said that the U.S. social and political environment was a contributing factor, according to the IIE survey.
The most frequently cited issue, however, was “visa application process or visa issues/delays.” In the fall 2018 survey, 83 percent of schools named this as an issue, compared with 34 percent in fall 2016.
Problems began — but didn’t end — with Trump’s Muslim ban. Schools have seen students trapped abroad and have since advised some students not to go home before graduation lest they get stuck trying to come back. Said Bennington College President Mariko Silver, “We’ve seen individual students who have contacted us with the desire to come and have pulled out of the process.”
Boo-hoo, Trump supporters might say. What’s the big deal if some foreigners stay home?
Forget the feel-good explanations about how international students enrich the campus environment (which I don’t dispute). The students who come here also spend cold, hard cash: on tuition, travel, books, food, housing.
A lot of jobs depend on those students. American colleges and universities alone employed 3 million people in 2017. For context, that dwarfs the entire agriculture, forestry, fishing and hunting sector.
And contrary to perceptions that foreign students take spots that belong to Americans, at many schools they’re enabling more American students to get a degree.
In the years after the financial crisis, as states slashed budgets for higher education, schools helped make up the shortfall by enrolling more out-of-state and international students. These students generally pay full tuition, and their higher fees are used to cross-subsidize lower, in-state tuition rates (and scholarships) of American classmates.
No wonder that the University of Illinois at Urbana-Champaign recently paid $424,000 to insure itself against a significant drop in tuition revenue from Chinese students.
More significantly, a continued drop-off in international students could cause serious pain beyond academia.
Foreign students come here in part because they’re interested in staying after graduation and working here. They disproportionately study fields that U.S. employers demand, and that U.S. students avoid. Foreign students now represent a majority of computer science and engineering graduate programs at U.S. universities, for instance.
That talent pipeline may be drying up.
Foreigners are experiencing more visa issues not only when they apply to study but also when they apply to stay and work. That might be one reason more than half of the decline in total enrollment last year was due to fewer students from India in computer science and engineering grad programs.
Our loss has become other countries’ gain. We’re still the top destination for foreign students, but Australia and Canada have each seen their international enrollments rise by double-digit percentages in the past year. They’re enticing students in word and in deed, with messages of welcome and expedited visas.
Trump likes to say that our allies are taking advantage of us on trade. In this case, would you really blame them?
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Yup. “Bad things happen” when countries allow themselves to be ruled by bad leaders whose policies are driven by irrational fear, racism, and nationalist jingoism. They lose out to countries whose policies are governed by “enlightened self-interest” and a sense of belonging to a larger community.
Great job by Catherine of picking up on a “below the radar” way in which Trump is destroying America.
For its toxic mix of stupidity, xenophobia, racism, and incompetence in its policies toward nonimmigrant students, the Trump Administration earns this week’s coveted “Five Clowns Award!”
At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.
This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.
A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.
This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.
In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.
The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.
Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”
So what is going on?
Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.
Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.
As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.
On some level, President Trump appears to understand this reality, but his policies are making the situation worse.
David J. Bier is a policy analyst at the Cato Institute.
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The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.
In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)
His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.
Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?
CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.
They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!
I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!
America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!
It’s been an emotional week for people who love Jeff Sessions, assuming such people exist. On the one hand, Donald Trump fired Sessions the day after the election in favor of an unqualified loyalist who used to sit on the board of a hilariously fraudulent patent marketing company. On the other hand, once Sessions skulks back to Alabama, Kate McKinnon will have no further reason to play him on Saturday Night Live, which will probably be good for his reputation. But there was no way SNL would let a walking caricature like Sessions leave the national stage without a kick in the ass on his way to the wings, so McKinnon glued on her Jeff Sessions ears this week for what might be the very last time:
Sketches like this one, in which one celebrity caricature after another marches in, does his or her thing, then leaves, almost always suffer from a lack of momentum. The payoff here, the surprise appearance of Robert De Niro as Robert Mueller, is no substitute for rising action, not least because De Niro’s performance isn’t exactly worthy of Taxi Driver. Some of the individual jokes are hilarious—see, e.g., Sessions’ mug-within-a-mug—but as a whole, the sketch feels like one damn thing after another, for much, much too long. In that sense, it brilliantly captures the essence of the Trump administration, with or without Jefferson Beauregard Sessions. Best of luck to the cast member who has to squeeze into a bald cap to play Matthew Whitaker next week.
Kids in cages, weeping parents, families separated, refugees turned away, African-Americans brutalized by the police, domestic violence victims sent back to torture by their abusers, minority voters suppressed, prisons overflowing with minor offenders, American youth denied opportunities and threatened with removal, scientific evidence ignored, intentionally clogged courts, open season on the LGBTQ community, vigorous defense of hate speech (but not the right to protest), glorification of bias masquerading as “religion,” judges turned into border agents in robes, judges and lawyers publicly dissed, un-prosecuted corruption in government, rampant gun violence mostly generated by disgruntled White guys, journalists attacked, bogus efforts to keep migrants from knowing their rights, lies to Congress — Man-o-Man, this Dude was just a barrel of laughs and good times! Unless, of course, you were one of the millions of men, women, and children in America who was permanently damaged or traumatized by his racist scofflaw approach to “justice” and his failure to enforce the Constitutional rights due to everyone in America. Not exactly “Janet Reno’s Dance Party!”
UPDATE: On Friday, President Trump signed a presidential proclamation denying asylum for immigrants who request it after crossing the border illegally rather than at a port of entry.
In a pre-midterms television ad deemed too racist for CNN, NBC and even Fox News, the White House described members of the large group of Central American migrants making their way through Mexico as “dangerous illegal criminals.” Ominous music played in the background of the ad as images of a convicted Mexican criminal were spliced with footage of the caravan.
This description was inaccurate, not to mention illogical ― aren’t hardened criminals and narco-traffickers wily enough to avoid such an arduous and physically taxing journey, and one that has captured such public attention and scrutiny?
The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.
The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.
Trump, in his roiling pre-midterm elections hate-speech tour, painted the caravan as an “invasion,” even though it’s a common occurrence that hasn’t disrupted the peace before. Traveling in a large group is far safer than traveling alone, with a human smuggler or in a small group, and migrant advocacy groups have organized large caravans for at least a decade. But beyond the president and his party’s racist rhetoric, there’s a broad assumption that such an influx of immigrants will both threaten American values and weigh heavily on the American taxpayer.
Like previous waves of immigrants, this group of new arrivals may need help to acclimate to this complex country of ours. Some will need medical care, thanks to years of living in countries with limited medical infrastructure. Others will need counseling to heal from layers of traumatic experiences against the backdrop of horrible violence ― which, lest we forget, the United States played a significant role in creating.
But they won’t need much. If I’ve learned one thing during my tenure as a trauma-focused clinician, it is this: Central American immigrants are resilient. They are driven and strong. They persevere. Despite the staggering hardships and suffering they have endured, they are defined by their ability to “seguir adelante” ― to move forward.
It’s a phrase that I’ve heard hundreds of times ― perhaps thousands ― in my therapy office. Nearly all my young clients have voiced their desire to “seguir adelante.” The 17-year-old boy who witnessed his father’s murder, finding himself alone and in grave danger; the 15-year-old girl who was kidnapped by the Zetas cartel in Mexico and held for ransom for weeks; the 18-year-old boy who served as a lookout for the MS-13 gang in exchange for his sister’s life before fleeing his country.
“Tengo que seguir adelante,” they tell me. I must continue moving forward.
The 13-year-old indigenous child who recounted months of eating “grass soup” when tortillas became too expensive. The 16-year-old who mourns the loss of her brothers ― all three of them, murdered while crossing gang-controlled territory. The 20-year-old working through the night at a bakery, then coming to school filled with energy and endless questions about the workings of American bicameral government.
Tengo que seguir adelante.
While their experiences are varied and diverse, my clients have two things in common. They have been exposed to multiple horrifying traumatic events, and they have an indefatigable desire to heal, grow stronger and move forward.
Trauma is never a desirable experience, or a deserved one. Many Central Americans have seen, experienced and survived more suffering and loss than any human should be asked to bear. But part of the “seguir adelante” mentality is the idea of being a metaphorical phoenix. Instead of allowing repeated traumatic events to crush them, many of the Central American clients with whom I work rise again as stronger, more resilient versions of themselves. While they may suffer from trauma-related symptoms like flashbacks, many are simultaneously able to devote their energy to finding a new sense of purpose in ways that I have not observed as universally in my work with American-born clients.
This phenomenon is illustrative of the positive psychology concept of post-traumatic growth, which posits that those who are exposed to trauma discover or develop new capabilities: closer social and familial bonds, increased resilience, stronger motivation and deepened spirituality.
So if the resilience of the “adelante” mentality drives these immigrants forward in spirit, what compels them to move forward physically? Perhaps they were unable to pay last month’s “impuestos de guerra,” or war taxes, to the local gang as rent for their space in the market. Maybe they refused to join the controlling gang in their neighborhood, despite the near-certainty of death if they stayed. Instead of remaining in Guatemala City, or Santa Tecla, or Tegucigalpa, they wagered it all, picked up and left.
They leave behind their families, their friends, their rich cultures, their language, their homeland. They understand the risks of the journey. They have heard the horror stories of kidnapping, rape, extortion and abandonment in the desert. Despite all this, they have decided to “seguir adelante,” fueled by hope for a brighter, safer future, to be achieved through hard work, determination and unwavering courage. Don’t those values sound reminiscent of those upon which our patchwork nation was founded?
In the end, all the migrant caravan really wants is to move forward. And as a democratic country founded on ideals of egalitarianism, isn’t it time for us to move forward, too?
Stephanie L. Carnes is a bilingual licensed clinical social worker at a large public high school in New York’s Hudson Valley. She was previously a clinician in a federally funded shelter program. She specializes in trauma treatment with Central American immigrant students and culturally competent mental health care.
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Eventually, the truth about how the Trump Administration is creating false narratives and violating both U.S. and international law by intentionally mistreating and mischaracterizing refugees will come out. Perhaps not soon enough to save the current refugees; but, certainly in time to put some of the intellectually dishonest government officials and their lawyers in the same category as we now view the failed legal profession, judiciary, and civil service during the Third Reich. Just take a stroll through the Holocaust Museum and see the disturbing similarities between the current racially driven false narratives and illegal actions being promoted by the Trump Administration and the pre-World War II actions of the Third Reich. Bogus “national security” rants are a common denominator.
The real scandal here is that although the vast majority of arrivals pass “credible fear” screening, so few them ever receive asylum. That strongly suggests that there are real problems in the “intentionally overly restrictive unduly legalistic” approach and the often dishonest ways that “in absentia orders” are used at EOIR. A better approach would probably be to allow those who have already been determined by the Asylum Office to have a “credible fear” present their initial asylum applications to those offices, rather than being forced immediately into the Immigration Courts, particularly given the current court backlogs.
The system has become far too restrictive and legalistic. Nobody has any realistic chance of winning a case without a lawyer. But, under Trump and Sessions, EOIR has abandoned efforts to insure that individuals are given reasonable access to pro bono lawyers before their cases are heard on the merits. Indeed, Sessions conducted a remarkably unethical, inappropriate, false, and vicious campaign against lawyers — right now about the only folks actually trying to make the system work and insure that our Constitution is complied with.
Of course, not every migrant from the Northern Triangle is a refugee as our law defines that term. But, we should recognize that almost all of them are decent people with good reasons for coming, even when those reasons don’t fit within our legal system. Even when they are not entitled to protection or to remain here, they deserve to be treated humanely, fairly, respectfully, and impartially, and have a full opportunity to present their claims.
The intentional demonization and dehumanization of asylum applicants, advanced by immoral and unethical folks like Trump, Sessions, Miller, and Nielsen, has now been picked up by lower level bureaucrats, who are spreading lies, promoting knowingly false narratives, and generally “taking a dive” to preserve their jobs (or, in a few cases, to gratify their own biases which match those of the Trump Administration.)
If we don’t figure out a way to stop their assault on humanity and human decency, eventually all of us will be splattered with the slime that is the Trump Administration’s approach to immigration! History will not judge us kindly for our subservience to evil.
WASHINGTON — Former Attorney General Jeff Sessions has drastically limited the ability of federal law enforcement officials to use court-enforced agreements to overhaul local police departments accused of abuses and civil rights violations, the Justice Department announced on Thursday.
In a major last-minute act, Mr. Sessions signed a memorandum on Wednesday before President Trump fired him sharply curtailing the use of so-called consent decrees, court-approved deals between the Justice Department and local governments that create a road map of changes for law enforcement and other institutions.
The move means that the decrees, used aggressively by Obama-era Justice Department officials to fight police abuses, will be more difficult to enact. Mr. Sessions had signaled he would pull back on their use soon after he took office when he ordered a review of the existing agreements, including with police departments in Baltimore, Chicago and Ferguson, Mo., enacted amid a national outcry over the deaths of black men at the hands of officers.
Mr. Sessions imposed three stringent requirements for the agreements. Top political appointees must sign off on the deals, rather than the career lawyers who have done so in the past; department lawyers must lay out evidence of additional violations beyond unconstitutional behavior; and the deals must have a sunset date, rather than being in place until police or other law enforcement agencies have shown improvement.
The document reflected Mr. Sessions’s staunch support for law enforcement and his belief that overzealous civil rights lawyers under the Obama administration vilified the local police. The federal government has long conducted oversight of local law enforcement agencies, and consent decrees have fallen in and out of favor since the first one was adopted in Pittsburgh more than two decades ago. The new guidelines push more of that responsibility onto state attorneys general and other local agencies.
Mr. Sessions conceded in his memo that consent decrees are sometimes the only way to ensure that government agencies follow the law. But he argued that changes were necessary because agreements that impose long-term, wide-ranging obligations on local governments could violate their sovereignty.
By setting a higher bar for the deals, Mr. Sessions limited a tool that the Justice Department has used to help change policing practices nationwide.
Mr. Sessions’s new guidelines make it nearly impossible for rank-and-file Justice Department lawyers to use the agreements, warned Jonathan M. Smith, a former official in the department’s civil rights division and the executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
“This memo will make the Justice Department much less effective in enforcing civil rights laws,” Mr. Smith said.
A Justice Department spokeswoman declined to comment beyond the memo.
A consent decree is a type of injunction that allows federal courts to enforce an agreement negotiated between two parties — say, the Justice Department and a local police department — to address a violation of the law. The department started enforcing them during the Clinton administration, after a statute was enacted in 1994 allowing the attorney general to use court agreements to remedy systemic, unconstitutional behavior.
The agreements gained a higher profile as the Obama administration entered into 14 of them as part of its efforts to improve relationships between the police and their communities. They became even more prominent after the killings of black men at the hands of the police captured headlines and set off the Black Lives Matter movement.
In March 2017, a month after he took office, Mr. Sessions ordered a review of the use of consent decrees to ensure that they “advance the safety and protection of the public.” He said that the pacts should also ensure that the police are safe and respected and that they should not interfere with recruiting efforts by the local police.
Mr. Sessions, who has long championed local sheriffs and police officers, maintained that the agreements “reduce morale” among police officers and lead to more violent crime. Academics and researchers have contested his assertions about the links between consent decrees and crime rates.
Under Mr. Sessions, the department also dropped Obama-era investigations into the police in Chicago and Louisiana.
Last month, Mr. Sessions opposed a consent decree between the Chicago Police Department and the Illinois attorney general enacted after a Justice Department report unveiled in the final days of the Obama administration found rampant use of excessive force aimed at black and Latino people. Under Mr. Sessions, the Justice Department said the deal placed too many restrictions on Chicago’s police superintendent.
“When Jeff Sessions intervened in the locally negotiated consent decree in Chicago, it belied the love of federalism that he professes and uses to justify this effort to effectively end the use of consent decrees,” said Vanita Gupta, the chief executive of the Leadership Conference on Civil and Human Rights and the former head of the Justice Department’s civil rights division.
The agreements enacted after high-profile police killings in recent years would likely not exist if Mr. Sessions’s restrictions had been in place.
“The need for consent decrees and the oversight they guarantee,” she said, “has not disappeared.”
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Ah, “Courtsiders,” you might have thought that my regular “Gonzo’s World” feature column would disappear with the eagerly awaited departure of Jeff “Gonzo Apocalypto” Sessions from the office he never should have held in the first place. But, alas, as other commenters and I have said on numerous occasions, the pernicious influence of, and damage to nation and our Constitution by, Gonzo in less than two years in office will remain with us for years, if not decades to come!
Between Gonzo and Trump, the reputation and role of the DOJ as a credible organization and fair and unbiased protector of citizens’ and residents’ Constitutional and legal rights has been totally trashed; rebuilding it might prove to be “mission impossible.” After all, the true damage can’t even be objectively assessed until we get “regime change.”
Indeed, it might be time to think about a totally different structure and safeguards for “America’s Law Department” — certainly, removal of the U.S. Immigration Courts from this disastrous mix of improper influence, incompetence, and unethical behavior has to be “Priority I” if and when we return to a system of responsible government.
With respect to Katie’s report, pretty sleazy move by a really sleazy guy. But, “Black Lives” and the lives of immigrants and other folks of color have never mattered much to Sessions and his White Nationalist Nation.
He claims he might run for Senate again in Alabama. Having gotten this morally corrupt and incompetent individual off the public dole, it’s important to America’s future to pull out all the stops to insure that he remains “retired” from public office.
Fox News deserves him. I doubt he actually knows any law; certainly many Federal Judges have expressed skepticism about that. But, reading off the “cue cards” and false narratives that various White Nationalist groups have prepared for him ought to keep the “Trump crazies” happy and well fed.
Sure, Whitaker is a totally unqualified and unprincipled “acting successor.” But nobody except committed White Supremacists should mourn the departure of Sessions.
One of many, many horrible things about Trump is that when he inevitably turns on his former loyalists, he is so vicious and demeaning that he actually creates undeserved sympathy for these clowns. Nobody was forced to become a Trump supporter. They all went into it with open eyes. And, Trump’s lack of character, loyalty, manners, ethics, and human decency have always been on public display.
The folks we really should feel sorry for is African-Americans, Latinos, Muslims, Jews, Asian Americans, immigrants, the LGBTQ community, refugees, children, journalists, civil servants, civil rights and immigration lawyers, judges, state and local officials, career diplomats, and all of the other many groups of Americans that Sessions, Trump, and their White Nationalist cronies have abused. The stain of Gonzo’s tenure will not be easily or quickly erased.
Joint Rule and Presidential Proclamation On Entry and Asylum: What You Need To Know
Updated November 9, 2018
What are these new policies?
On November 9, 2018, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued an interim final rule and a presidential proclamation affecting individuals seeking entry at the southern border of the United States. These executive actions place restrictions on asylum for certain noncitizens arriving in the United States.
What are these policies intended to do?
The interim final rule governs eligibility for asylum and screening procedures for those subject to a new presidential proclamation. Together, these executive actions suspend entry for noncitizens crossing the southern border and bar such noncitizens from asylum.
What is the scope of the joint interim rule and presidential proclamation?
The rule applies prospectively, so individuals who arrived in the United States before the effective date of November 9, 2018 are not covered. The rule also does not impact two related forms of relief known as withholding of removal and protection under the Convention Against Torture. These forms of relief are narrower and without the same benefits of asylum protection. No later than 90 days from the date of the presidential proclamation, November 9, 2018, the Secretary of State, Attorney General and Secretary of Homeland Security should submit to the President a
recommendation on whether the suspension should be extended or renewed.
What legal authority is the administration relying upon to issue the interim final and
presidential proclamation?
The joint interim rule points to several sections in the immigration statute known as the Immigration and Nationality Act (INA). Some of these sections are summarized below.
● INA § 212(f) states: “Whenever the President finds that the entry of any aliens or of anyclass of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
The goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.
1
● INA § 208(d)(5)(B)● INA §
●
Has the administration used INA § 212(f) before?
Yes. Most recently, INA § 212(f) was used as a basis for three travel bans issued by the President, each of which prohibits the entry of nationals from certain countries. On June 26, 2018, the Supreme Court of the United States issued an opinion in the case of Hawaii v. Trump (Travel Ban 3.0). Writing for the majority, Chief Justice Roberts held that the travel ban does not violate the INA and described INA § 212(f) as a “comprehensive delegation” which “exudes deference to the President in every clause.”
Is the President’s use of INA § 212(f) in the Travel Ban distinguishable?
Yes. In Hawaii v. Trump, the courts did not analyze the suspension clause at INA § 212(f) against the asylum provision at INA § 208(a).
What are the legal concerns with these executive actions?
There is a concern that the executive actions violate the immigration statute and other laws. While the interim final rule and presidential proclamation identify some sections of the immigration statute, these sections cannot be read in isolation to the statute as a whole, nor can it conflict with the U.S. Constitution, statutes and other laws. One concern is that these actions violate the statutory provision that governs asylum law and other laws. INA § 208 states that any person physically present in the United States, regardless of how or where he or she entered is eligible to apply for asylum. The section states in part, “
ated port of arrival.
The goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.
states that “[t]he Attorney General may provide by regulation for any
other conditions or limitations on the consideration of an application for asylum not
inconsistent with this Act.”
215(a) states that it is “unlawful . . . for any alien to depart from or enter or attempt
to depart from or enter the United States except under such reasonable rules, regulations,and orders, and subject to such limitations and exceptions as the President may prescribe.”
INA
§
208(b)(2)(C) states that the “Attorney General may by regulation establish
additional limitations and conditions, consistent with this section, under which an alien
shall be ineligible for asylum under paragraph (1).”
Any alien . . . who arrives in the United States (whether or not
at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) irrespective of such alien’s status,
may apply for asylum . . .” (emphasis added).
Because
the plain language of the INA is clear that
any noncitizen is eligible for asylum regardless of her manner of entry, there is a concern that these policies violate the statute by restricting the availability of asylum seekers only to those who
present at a design
2
Why is the administration issuing these policies?
It is the administration’s position that the United States has seen an increase in the number of noncitizens arriving at the United States between ports of entry along the southern border and that
many of the asylum claims brought forth by this population are without merit.
What are some of the countervailing views to the administration’s position taken by some
refugee advocates and scholars?
Many asylum seekers arriving at the southern border are from the Northern Triangle which is comprised of Guatemala, El Salvador and Honduras. The violence and danger in these countries is well documented. Individuals who have suffered or will suffer individual harm for a specific
reason are eligible to apply for asylum under the immigration statute and other laws. Many of the
asylum claims by individuals from the Northern Triangle are with merit.
What is an “Interim Final Rule”?
An Interim Final Rule becomes effective immediately upon publication and is an exception to the general rule that public notice and comment must take place before the effective date of a regulation. DOJ and DHS have concluded that a “good cause” exception exists to publish this asylum regulation as an interim final rule. Written comments can be submitted by the public for a period of sixty days from the date of publication.
What is a presidential proclamation?
A presidential proclamation is one form of presidential power and similar to an executive order. It is an order issued by the President of the United States and may possess the authority of law. See e.g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).
What comes next?
Given the legal concerns of restricting asylum, litigation is expected. Further, under section 4 of the presidential proclamation, if any section of the proclamation is found to be invalid, the remainder of the proclamation shall remain effective.
Where can I find more resources?
See the Penn State Law Center for Immigrants’ Rights Clinic website for updates on this and other immigration policies. Also visit:
● Department of Homeland Security
● American Immigration Lawyers Association
● American Immigration Council
● Human Rights FirstThe goal of this document is to provide general information and is not meant to act as a substitute to legal advice from an attorney.
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It’s critically important to the future of our nation and the world that the actions of Trump and his White Nationalist scofflaws be resisted in the courts and in our political system.
In the meantime, since virtually everything the Administration says on this topic is a false narrative or obfuscation of their real racist agenda, an honest expert analysis like this is a “gold mine.”
We can (and are) diminishing ourselves as a nation, but it won’t stop human migration!
Immigration Court Backlog Surpasses One Million Cases
Figure 1. Immigration Court Workload, FY 2018
The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled from the case-by-case records obtained by TRAC under the Freedom of Information Act (FOIA) from the court reveal that pending cases in the court’s active backlog have now reached 768,257—a new historic high.
In addition, recent decisions by the Attorney General just implemented by the Executive Office for Immigration Review (EOIR) have ballooned the backlog further. With a stroke of a pen, the court removed 330,211 previously completed cases and put them back on the “pending” rolls. These cases were previously administratively closed and had been considered part of the court’s completed caseload[1].
When the pending backlog of cases now on the active docket is added to these newly created pending cases, the total climbs to a whopping 1,098,468 cases! This is more than double the number of cases pending at the beginning of FY 2017.
Pending Cases Represent More Than Five Years of Backlogged Work
What does the pending case backlog mean as a practical matter? Even before the redefinition of cases counted as closed and cases considered pending, the backlog had reached 768,257 cases. With the rise in the number of immigration judges, case closures during FY 2018 rose 3.9 percent over FY 2016 levels, to 215,569. In FY 2017, however, closure rates had fallen below FY 2016 levels, but last year the court recovered this lost ground[2].
At these completion rates, the court would take 3.6 years to clear its backlog under the old definition if it did nothing but work on pending cases. This assumes that all new cases are placed on the back burner until the backlog is finished.
Now, assuming the court aims to schedule hearings eventually on all the newly defined “pending” cases, the backlog of over a million cases would take 5.1 years to work through at the current pace. This figure again assumes that the court sets aside newly arriving cases and concentrates exclusively on the backlog.
Table 1. Overview of Immigration Court Case Workload and Judges
as of end of FY 2018
Number of
Cases/Judges
Percent Change
Since Beginning
of FY 2017
New Cases for FY 2018
287,741
7.5%
Completed Cases for FY 2018
215,569
3.9%
Number of Immigration Judges
338/395*
17.0%
Pending Cases as of September 30, 2018:
On Active Docket
768,257
48.9%
Not Presently on Active Docket
330,211
na
Total
1,098,468
112.9%
* Immigration Judges on bench at the beginning and at the end of FY 2018; percent based on increase in judges who served full year.
** category did not exist at the beginning of FY 2017.
Why Does the Backlog Continue To Rise?
No single reason accounts for this ballooning backlog. It took years to build and new cases continue to outpace the number of cases completed. This is true even though the ranks of immigration judges since FY 2016 have grown by over 17 percent[3] while court filings during the same period have risen by a more modest 7.5 percent[4].
Clearly the changes the Attorney General has mandated have added to the court’s challenges. For one, the transfer of administratively closed cases to the pending workload makes digging out all the more daunting. At the same time, according to the judges, the new policy that does away with their ability to administratively close cases has reduced their tools for managing their dockets.
There have been other changes. Shifting scheduling priorities produces churning on cases to be heard next. Temporary reassignment and transfer of judges to border courts resulted in additional docket churn. Changing the legal standards to be applied under the Attorney General’s new rulings may also require judicial time to review and implement.
In the end, all these challenges remain and the court’s dockets remain jam-packed. Perhaps when dockets become overcrowded, the very volume of pending cases slows the court’s ability to handle this workload – as when congested highways slow to a crawl.
Footnotes
[1] The court also recomputed its case completions for the past ten years and removed these from its newly computed completed case counts. Current case closures thus appear to have risen because counts in prior years are suppressed. Further, the extensive judicial resources used in hearing those earlier cases are also disregarded.
[2] For consistency over time, this comparison is based upon the court’s longstanding definition, which TRAC continues to use, that includes administratively closed cases in each year’s count. Under this standard, numbers are: 207,546 (FY 2016), 204,749 (FY 2017), 215,569 (FY 2018).
[3] The court reports that the numbers of immigration judges on its rolls at the end of the fiscal year were: 289 (FY 2016), 338 (FY 2017), and 395 (FY 2018). The 17 percent increase only considers judges who were on the payroll for the full FY 2018 year. See Table 1. For more on judge hires see: https://www.justice.gov/eoir/page/file/1104846/download
[4] New court cases based upon court records as of the end of FY 2018 were: 267,625 (FY 2016), 274,133 (FY 2017), and 287,741 (FY 2018). Due to delays in adding new cases to EOIR’s database, the latest counts may continue to rise when data input is complete. TRAC’s counts use the date of the notice to appear (NTA), rather than the court’s “input date” into its database. While the total number of cases across the FY 2016 – FY 2018 period reported by TRAC and recently published by EOIR are virtually the same, the year-by-year breakdown differs because of the court’s practice of postponing counting a case until it chooses to add them to its docket.
Yes, as TRAC notes, it has been building for many years. And there are plenty of places to place responsibility: Congress, the Bush Administration, the Obama Administration, the DOJ, DHS, and EOIR itself.
But, there is no way of denying that it has gotten exponentially worse under Sessions. Ideology and intentional “Aimless Docket Reshuffling,” as well as the same ineffective “terrorist tactics, threats, intentionally false narratives, inflammatory and demeaning rhetoric, and just plain willful ignorance” that Sessions employs in his immigration enforcement and prosecutorial programs are the main culprits. And, they aren’t going to stop until Sessions and this AdministratIon are removed from the equatIon. Not likely to happen right now.
So, if the Article IIIs don’t step in and essentially put this “bankrupt dysfunctional mess into receivership” by appointing an independent Special Master to run it in accordance with Due Process, fairness, fiscal responsibility, and impartiality, the whole disaster is going to end up in their laps. That will threaten the stability of the entire Federal Court system — apparently just what White Nationalist anarchists like Sessions, Miller, and Bannon have been planning all along!
Wonder if Las Vegas is taking odds on the dates when 1) the backlog will reach 2 million; and 2) the Immigration Court system will completely collapse?
The kakistocracy in action!And, lives will be lost, people hurt, and responsible Government damaged. More judges under Sessions just means more backlog and more injustice.
APPLETON – Heritier Muhorana talks to his wife and daughter every day.
He can hear their voices on the phone. He can look at their faces on a screen. But for more than three years, he hasn’t seen them in person.
In 2000, Muhorana fled horrific violence in the Democratic Republic of Congo for the relative safety of crowded refugee camps in Burundi, a neighboring country in central Africa.
Muhorana met his wife, Chantal, in one of those refugee camps. That’s where they got married. But in late 2014, Muhorana was approved for resettlement in the U.S. — a process that took nearly two years and began before he was married.
He came alone to the U.S. in 2015, expecting his wife would be able to join him soon after. That didn’t happen. His daughter, Deborah, will be 3 years old in December. He has never met her in person.
His wife and daughter left the refugee camps and now live in Bujumbura, the capital of Burundi. They’re working with World Relief Fox Valley in an effort to get to the U.S., but so far haven’t been successful.
The situation isn’t likely to improve anytime soon. The number of refugees being allowed to settle in the U.S. has sharply fallen in the last two years.
In September, the Trump administration announced a plan to limit the number of refugees allowed to resettle in the U.S. this fiscal year to 30,000, down from a limit of 45,000 set last fiscal year — already the lowest since Congress passed the Refugee Act in 1980. The limit during the final year of the Obama administration was 110,000.
Despite the limit of 45,000 last fiscal year, the U.S. only admitted 22,491 refugees, which is the lowest number in decades, according to State Department records.
The number of refugees arriving in northeast Wisconsin has also significantly declined in the last two years. World Relief Fox Valley, which has offices in Appleton and Oshkosh, had 209 arrivals in fiscal year 2016. That fell to 70 in fiscal year 2017 and 57 in fiscal year 2018, which ended Sept. 30.
Phil Stoffel, immigration manager for World Relief Fox Valley, said the situation for refugees trying to bring close relatives to the U.S. has gotten more difficult recently.
“People all across the nation in networks and affiliates that we work with are telling me they’re not getting any answers for any of these cases right now,” he said.
Many refugees have started to lose trust in the system they’re relying on to help them, Stoffel said. World Relief Fox Valley has at least 50 cases of refugees trying to bring close relatives to the U.S., but it doesn’t appear anything is going to change in the near future, he said.
“There’s no other way to explain what’s going on,” he said. “The politics in this are really bad right now.”
Stoffel has one piece of advice to anyone unsure whether the U.S. should welcome refugees at all: meet one.
“Once you meet one, it changes,” he said.
‘A very tough moment’
In 1998, Muhorana fled with his family from their village in Katanga, a former province in the southern part of Congo. The country was descending into war. He was just 12 years old.
He still remembers the night they left. It was about 6 p.m. That’s when they started walking. They didn’t stop until about 2 p.m. the next day. And his family wasn’t alone.
“Thousands of people moving at one time, just walking,” he said. “It was very painful.”
Muhorana didn’t bring much with him, other than what he could carry. He remembers a cousin asking him to hold a bottle for her baby, to help her as they were walking.
They walked for weeks without enough food to eat and in constant danger of being caught up in the violence unfolding around them.
“At that time, what mattered was just to save our lives,” he said.
But they couldn’t always avoid the fighting. The exposure to violence left many people traumatized — or worse, Muhorana said.
“I saw some people who were hurt or shot, some other people were killed on the way,” he said. “It was a very tough moment.”
Muhorana, though, safely found his way to Kalemie, a town on the western shore of Lake Tanganyika, where a relief organization provided food to the crowd of refugees. He stayed there for more than a month, but safety was still a concern.
He eventually continued north to South Kivu, a province near the border with Burundi, and stayed there for almost two years, despite treacherous living conditions. He stayed in churches or schools, often in close quarters with thousands of other people.
“We didn’t have enough food to eat. We didn’t have medical assistance,” he said. “So, everything was just a little bit. It wasn’t enough.”
Disease was a problem, too. Many people got sick. Some died. But safety from the violence remained the primary concern, Muhorana said.
“People were still being killed there,” he said.
He couldn’t think about his plans for the future. The situation didn’t allow it. So, in an effort to find peace and a place he could think about his goals in life, he and his family decided to flee for Burundi.
‘We were limited’
Muhorana was a teenager by the time his family crossed the border into Burundi and arrived at their first refugee camp. They stayed for more than a year, then were forced to move to another camp in the northeast part of country.
The violence unfolding in Congo was behind them. But in the camps, his family encountered other problems. Sickness, mostly.
“I would see people dying every month, every year,” Muhorana said. “You bury a lot of people.”
Their camp was packed with about 10,000 people, he said. And it wasn’t the only camp around. Burundi had multiple refugee camps set up for those fleeing across the border.
The camp was not a good place to live, Muhorana said. He felt trapped, unable to go anywhere without asking permission first.
“When you are young, you have dreams. You have goals. You have ambition. You have something in your heart you desire to achieve,” he said. “In the camp, we were limited.”
Still, despite the limitations, Muhorana found a way to work toward a better life. He left the camp after a few years and made his way to Rwanda, a country to the north of Burundi. There, he was able to finish high school and get a college scholarship, which he used to earn a bachelor’s degree in business.
Then, in 2013, Muhorana returned to the camp, where his family still lived. That’s when he met the woman who later became his wife. She had fled a similar situation in Congo and was already living in the camp when he returned.
He found a lot to like about her, Muhorana said, but her generosity stood out to him. The prospect of getting married in the camp wasn’t ideal, he said. But, in 2015, without other options, that’s exactly what he did.
He hadn’t specifically planned on coming to the U.S. — he simply wanted to find a country where he could live a normal life. But when he was approved for resettlement in the U.S., the prospect excited him.
“We were thinking that maybe life was going to be different than what we have here,” he said.
The process of getting approved for resettlement took nearly two years. And when it was over, Muhorana didn’t get to choose where he was sent. His wife, who hadn’t yet been approved, wouldn’t be able to join him.
“We couldn’t travel together because I was already at the final step,” he said. “I was already ready to come.”
So, with no other choice, he left on his own.
‘Change will come’
Muhorana didn’t speak English — not much, at least — when he arrived in the U.S. in 2015. And that was far from the only challenge he faced.
He was thrilled to arrive, but those first few years weren’t easy at all, he said. The culture was entirely new to him and it took time to adjust.
“I couldn’t imagine that I would have friends and I would get familiar with people here,” he said.
World Relief Fox Valley has services meant to help refugees acclimate to life in the U.S., said Tami McLaughlin, the organization’s executive director.
The organization recruits volunteers who spend time with refugees and serve as companions and valuable sources of information, McLaughlin said.
“Those friendships make the difference in how well somebody transitions into a completely new culture and community,” she said.
To do basic things, such as apply for a job, enroll a child in school, or get health care, can be overwhelming at first for refugees who are often simply relieved to be safe, McLaughlin said.
“You celebrate the little wins and take the little steps,” she said.
As much as Muhorana tries to remain optimistic about his future, it’s difficult not to be upset with his wife and daughter living thousands of miles away, he said.
The conversations he has with them tend to focus, almost inevitably, on when they might see each other again.They’re still working hard to have a life together, despite the distance between them.
“I try to share my life, my experience here, so I can tell them the difference,” he said.
Muhorana has been working with Stoffel, the immigration manager, for about two years to get his wife and daughter to the U.S., but it’s unclear how much progress they’ve made.
“I can’t begin to tell you how much paperwork we’ve had to file and go through,” Stoffel said. “It’s just a constant back-and-forth with no clear answers from the government.”
Any refugee trying to enter the U.S. has to go through exhaustive background checks, according to U.S. Citizen and Immigration Services. Muhorana’s wife and daughter both have passed those checks, but attempts to get updates on the status of their case have gone unanswered, Stoffel said.
But despite the frustration and the length of time the couple has spent apart, his wife is still excited by the idea of coming to the U.S., Muhorana said.
“She can dream of a bright future too,” he said.
For now, Muhorana will wait. It’s all he can do.
“In life, nothing is permanent,” he said. “Everything is subject to change. So, change will come.”
President Donald Trump has ramped up his inflammatory racist rhetoric in the final days before the pivotal midterm elections that will determine if his corrupt administration will face any oversight from Congress.
Betting that fears of racial minorities will drive Republican voters to the polls, he has centered his closing pitch on a caravan of Central American migrants fleeing violence and poor crop yields in their home countries. He said, without evidence, that the caravan is filled with “many gang members” and “unknown Middle Easterners,” dropping the previous pretense (“terrorists”) to reveal a fear of all members of a minority group. “Women don’t want them in our country,” he added, a not-so-subtle suggestion that the migrants are rapists (similar to a claim he made upon launching his presidential campaign).
Guests on Fox News have speculated that migrants are carrying diseases like leprosy and that the caravan is a plot conceived of by rootless Jewish financiers seeking global domination like George Soros — the latter a paranoid conspiracy the president has also entertained. The president followed this up with a blatantly racist advertisement blaming Democrats for murders committed by an undocumented immigrant.
President Donald Trump rallies his fans in Columbia, Missouri, by blaming unknown forces for organizing the migrant caravan that he deems “an invasion.”
In all of this, Trump has emulated the outrageous, bigoted and violence-encouraging campaign waged by President Andrew Johnson in the 1866 midterms. In his “Swing Around the Circle,” the first time a sitting president campaigned around the country for candidates, Johnson made the election a referendum on himself, with unprecedented barnstorming speeches featuring paranoid conspiracy theories, racist demagoguery and incitement to violence.
Johnson, an accidental president who came to power after an assassin killed President Abraham Lincoln and another failed to kill him, was a boorish drunk, a former slaveowner and a racist who held sympathies with the now-defeated Confederates. He vetoed legislation establishing the Freedmen’s Bureau and the Civil Rights Act of 1866, opposed the 14th Amendment, opposed giving freed black people voting rights in the South and mass-pardoned most Confederate soldiers and officials and offered them property while denying it to freed black people. All of this brought the ire of the Republican Congress, which overrode his many vetoes and passed the 14th Amendment.
And so Johnson took to the campaign trail to defeat congressional Republicans and replace them with proponents of white supremacy. Johnson’s tour began on the East Coast. As he moved westward and faced Republican-heavy districts in the Midwest that opposed his policies, he became increasingly unhinged.
He began by comparing himself to Jesus Christ and Thaddeus Stevens, the anti-slavery leader of the Republicans in Congress, to Judas Iscariot. He attacked Sen. Charles Sumner and Wendell Phillips, two abolitionists turned advocates for black suffrage. Then, at a stop in Cleveland, a heckler yelled out, “Hang Jeff Davis!,” a call to execute the former president of the Confederacy Jefferson Davis. Johnson could not resist a reply, “Why not hang Thad Stevens and Wendell Phillips? … Having fought traitors at the South, I am prepared to fight traitors at the North.”
The “Swing Around the Circle” degenerated from there. Johnson continued to call for the execution of his political opponents Stevens, Phillips and Sumner. He defended recent riots in Memphis and New Orleans where white mobs killed dozens of black Americans in a racist fury by claiming that his political opponents had radicalized black Americans. They had it coming, essentially.
ASSOCIATED PRESS
Andrew Johnson, the 17th President of the United States, was a white supremacist drunk who called for the execution of his political enemies.
“If you will take up the riot at New Orleans and trace it back to the radical Congress, you will find that the riot at New Orleans was substantially planned,” Johnson said at a stop in St. Louis.
Johnson roped in the famed and beloved Gen. Ulysses S. Grant to support him on his “Swing Around the Circle.” Grant, disgusted by Johnson’s speeches, fell ill and excused himself from the tour. According to a biography of Grant written by his aide Adam Badeau, the general believed the president “fostered a spirit that engendered massacre, and afterward protected the evil-doers.”
President Johnson’s defense of white massacres of black people as the product of his opponents supporting black civil rights only encouraged more violence — violence that would ultimately overtake the country and re-establish official white supremacy over the former Confederate states until the 1960s.
Much as Johnson’s rhetorical leniency toward white mobs killing black Americans inspired further violence, Trump’s racist midterm campaign has done the same.
The constant drumbeat of fear-mongering news about the Central American migrant caravan from the president’s mouth and amplified by conservative media triggered a virulent anti-Semite, who believed that Jews like Soros and the refugee resettlement nonprofit HIAS were funding the caravan, to take up arms and attack a synagogue, killing 11 people. It was the worst anti-Semitic attack in the history of the United States.
That same week, police arrested a Florida man for mailing bombs to a litany of political figures that Trump claims as his enemies and, in some cases, promised to jail, including former Presidents Bill Clinton and Barack Obama, 2016 Democratic candidate Hillary Clinton and, of course, Soros.
The president and his supporters claim to be outraged by assertions that their rhetoric and policies have in any way incited violence from right-wing terrorists. That same week, the lawyers for a Trump-loving right-wing terrorist who planned to bomb mosques in 2016 filed a brief asking for leniency from the court because their client was seduced into terrorism by Trump’s bigoted rantings.
GUILLERMO ARIAS VIA GETTY IMAGES
Two children who are part of the migrant caravan of Central American refugees that the president claims are attempting to invade the U.S. The caravan is currently stuck in southern Mexico.
“Trump’s brand of rough-and-tumble verbal pummeling heightened the rhetorical stakes for people of all political persuasions,” the lawyers wrote. “A personal normally at a 3 on a scale of political talk might have found themselves at a 7 during the election. A person, like Patrick, who would often be at a 7 during a normal day, might ‘go to 11.’ See SPINAL TAP. That climate should be taken into account when evaluating the rhetoric that formed the basis of the government’s case.”
None of this is pushing Republicans away from Trump. If anything, they are drawing closer to his brand of paranoid racist incitement. Sen. Ted Cruz (R-Texas) declared on Friday that his Democratic opponent Rep. Beto O’Rourke may be funding the caravan with his campaign funds. Rep. Marsha Blackburn (R-Tenn.) is running campaign ads fear-mongering about the “invasion” of migrants in an election in Tennessee, which is further away from the U.S.-Mexico border than the migrant caravan is currently.
Johnson’s campaign of racist incitement didn’t work in 1866. Instead, it became a referendum on the president’s reactionary encouragement of white supremacists in the South and the passage of the 14th Amendment. The Republican Party increased its congressional majorities and, having seen the worst of the president, impeached him after further fights over the future of black civil rights in 1868.
But Johnson survived impeachment, and the white supremacist regimes he helped foster in the South ultimately won full control and acceptance from the national government after a wave of terrorism and murder. “You will not replace us!” the white supremacists promised. A century and a half later, they marched on Charlottesville chanting the same thing. The president of the United States must’ve thought it sounded nice and decided to run on it.
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Donald Trump, the ugliest of Americans, and the leader of the kakistocracy, has brought out all the worst in contemporary America. He diminishes each of us and our country every day he is in office.
Start the democratic process for regime change by voting the GOP out of every office on Tuesday!
From the LA Times Editorial Section for Nov. 3, 2018:
Re “Who’s really an American?” editorial, Oct. 31
Questions over who ought to be considered American are complicated for those who do not look white. Ethnically and culturally, I am numerous things, which is a huge bonus because it helps me understand others. Because I have a significant amount of indigenous American heritage, I can honestly state that some of my people have been in North America for thousands of years.
However, within the last year, I have been told to go back where I came from. Since I don’t speak Spanish, being dumped in Mexico, presumably where these people want me to go, would be a challenge. Regardless, not one of my ancestors arrived here any later than the early 1800s.
On the other hand, President Trump’s mother, both of his paternal grandparents and two of his wives were not born in the United States. Trump’s present wife, who is our first lady, speaks English well enough to hold a casual conversation. In other words, the president’s family is a family of immigrants, and they have been welcomed here.
However, Trump’s rhetoric has people expressing hatred toward Americans like me, whose ancestors have been here for generations, and now he preaches against migrants who want to come here now. Perhaps Trump should learn more about the customs of his family’s adopted homeland so he can become a leader rather than a divider of people.
Marcella Hill, Los Angeles
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Pretty much says it all about Trump’s lack of character, morality, and qualifications to serve as President.
Regime change can start on next Tuesday! Get out the vote! Take our “country of immigrants” back from the White Nationalists (who, ironically, also are immigrants themselves, notwithstanding their ingratitude, lack of decency, and lack of any sense of REAL history — not the White Nationalist version peddled by Trump, Sessions, Miller, Bannon, Kobach, Steve King, etc.).
LONDON — President Trump’s promise to stop a caravan of Central American migrants from reaching the United States border, if necessary through military force, might seem like just another effort by the president to unilaterally dismantle international laws and accepted practices.
But there is one important difference between this and Mr. Trump’s go-it-alone defiance of climate change agreements, trade deals or arms control treaties. In attacking the long accepted means of protecting refugees and upholding stability in times of mass displacement, he’s got company. Lots and lots of company.
There is no shortage of countries that also skirt, and therefore undermine, global refugee rules. The European Union and Australia are two of the biggest offenders. Peru and Ecuador are restricting Venezuelan refugees, while Tanzania is working to push out Burundians.
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Stateless Rohingya migrants passing food supplies dropped by a Thai Army helicopter to others on a boat drifting in Thai waters in the Andaman Sea in 2015.CreditChristophe Archambault/Agence France-Presse — Getty Images
In 2015, as Rohingya refugees fled Myanmar on overcrowded boats, the governments of Indonesia, Malaysia and Thailand — in a move that might make even Mr. Trump blush — pushed the boats out to sea, stranding them, to prevent them from reaching safe shores.
Still, countries tend to hide their violations by presenting themselves as following the letter of the law, or by dressing up anti-refugee measures in humanitarian terms. But Mr. Trump is selling his harsh treatment of asylum-seekers as deliberate. And even if he is not the first to breach the rules, he is contributing to their breakdown in ways that could have global consequences.
“The more brazen you get, like Trump, and the more frequent you get, you can easily imagine a norm being completely torn down,” said Stephanie Schwartz, a migration expert at the University of Pennsylvania, who added that Mr. Trump was “taking an ax” to “one of the strongest norms we’ve got in international law” — the right of a refugee to seek asylum.
To consider how that would happen and what it would mean, it helps to understand the basics of asylum and how Mr. Trump fits into its erosion.
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Read the complete article at the link for a clear understanding of how refugee and asylum law is supposed to work and how immoral scofflaws like Trump, Sessions, and Miller are intentionally perverting and subverting it to satisfy their racist White Nationalist agenda.
Their final paragraph should send chills down the spine of every decent human being
The resurgence of populist and nationalist politics also bodes poorly. Us-vs-them movements, skeptical of international agreements and immigration, have little interest in asylum’s foundational concepts of global burden-sharing or universal rights.
If asylum rights were declining even in the era of sunny 1990s global liberalism, it is hard to imagine their doing much better in the era of Donald J. Trump, Viktor Orban and Vladimir V. Putin.
“It takes a really, really long time to build these norms, especially when they restrict government actions in some way,” Ms. Schwartz said. “It’s so much easier to take them down.”
If that happens, the consequences will be most felt far away from the United States-Mexico border, in places like Honduras, Myanmar, Jordan or Burundi, where millions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed “never again.”
PRESIDENT TRUMP has based his midterm election campaign on the specter of an “invasion” by immigrants marching from Central America to the southern border. His demagoguery is disgusting and irresponsible. But there is a real problem of migrants — one that his administration is failing to address.
Many people are crossing the border with their children and applying for asylum, overwhelming existing mechanisms for dealing with asylum seekers. They are feeding what the president calls a “catch-and-release” revolving door for migrants freed as they await hearings to adjudicate their cases, and contributing to a backlog of some 750,000 cases in immigration courts.
A rational response would be to add substantially to the approximately 350 immigration judges, who cannot handle the tens of thousands of asylum claims flooding the immigration courts annually. The administration this year hired a few dozen new judges, a fraction of what is required. As the caseload has more than quadrupled since 2006, the number of judges has not even doubled, according to congressional testimony in April by Judge A. Ashley Tabaddor, president of the National Association of Immigration Judges.
Despite that, Mr. Trump has sneered at the idea of hiring more, even after aides pressed him to do so. “Who are these people?” he raged, before suggesting darkly that adding many new judges would somehow corrupt the system. “Now can you imagine the graft that must take place?” he said.
Granted, the hiring could be challenging, in vetting and cost. But any major challenge involves scaling up resources and personnel, and it’s hard to see why that’s beyond the government’s capabilities.
On the other hand, maybe Mr. Trump prefers having an issue to a solution. He has made it clear he believes the immigration question propelled him into the White House. Now, by ramping up his inflammatory rhetoric, and by advancing over-the-top measures such as sending thousands of troops to the border to fulfill a mission for which they are not trained — Congress has barred troops from law enforcement duties — it seems apparent Mr. Trump has opted for crisis instead of constructive improvements to what he rightly calls a broken system. Instead of deploying thousands of troops, why not hire hundreds of judges?
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Certainly on the right track here!
But here’s what really needs to happen to address the issue in a rational way:
Send more Asylum Officers to do credible fear interviews at the border;
Send enough private attorneys to represent all arriving migrants before both the Asylum Office and the Immigration Courts;
Allow Asylum Officers to grant temporary withholding of removal under the Convention Against Torture (“CAT”) to the many applicants who have a probability of torture upon return, which clearly happens with “government acquiescence” — or in many cases actual participation or connivance — in the Northern Triangle;
Put the asylum claims of those granted CAT withholding on the “back burner” (thus keeping them from clogging the Immigration Courts) while working with the UNHCR and other counties in the Hemisphere (including, of course Mexico and Canada) on a more durable solution for those currently fleeing the Northern Triangle;
Otherwise, individuals who pass credible fear should be released on minimal bonds and allowed to go to locations where they will be represented by pro bono lawyers (thus avoiding the money wasted on “tent cities” and other types of expensive and arguably illegal detention) — contrary to the Trump Administration lies, almost all represented asylum applicants show up faithfully for their Immigration Court Hearings;
If the Administration wants to “prioritize” the cases of recent arrivals before the Immigration Courts, this can and should be done without creating more “Aimless Docket Reshuffling.” Not “rocket science.” Here’s how:
Hundreds of thousands of those now unnecessarily clogging the Immigration Court dockets are long-time residents eligible to apply for “Cancellation of Removal for Non-Lawful Permanent Residents.” Take those with no serious criminal records off the Immigration Court docket and send them to USCIS Adjudications for initial processing. No rush, since only 4,000 “numbers” are available each year for grants;
Those granted can be put in a line for green card numbers maintained by USCIS;
Those denied who have committed serious crimes should be referred back to the Immigration Courts;
For others who don’t qualify for cancellation of removal, the Administration should sponsor bipartisan legislation to provide legal status to such long-term residents. With Administration support, such legislation clearly could pass both Houses and be enacted into law.
The Immigration Courts could then return to real priorities: detained cases; cases of recently arrived individuals with or without asylum claims; cases of immigrants who have committed crimes; and cases of other individuals who don’t fit within our legal system, as properly administered.
Sure, this doesn’t match the “White Nationalist game plan.” But, it’s a practical, legal solution that would be good for immigration enforcement, the legal system, and the country as a whole. And, until the final step of legalization of long-term residents, it can be achieved under the current law.
And, I’ll bet you the overall cost would be much less than some of the “designed to fail” and perhaps illegal schemes now being pursued by the Administration. That’s particularly true because applications to USCIS and legalization programs actually “pay their own way” through application fees — perhaps even turning a slight profit for the Government.
APOPA, El Salvador—The Congress of El Salvador agreed in April to extend the authority of jailers to keep gang leaders in solitary confinement. Over the next five days, the two reigning street gangs killed more than 100 people.
With the highest homicide rate of all countries in the world, El Salvador is a nation held hostage.
Law-enforcement officials estimate that one gang, MS-13, operates an extortion racket with little pressure from authorities in 248 of the 262 of the country’s municipalities. It battles for neighborhood control with another gang, Barrio 18, which runs its own protection scheme in nearly as many regions.
Politicians must ask permission of gangs to hold rallies or canvass in many neighborhoods, law-enforcement officials and prosecutors said. In San Salvador, the nation’s capital, gangs control the local distribution of consumer products, experts said, including diapers and Coca-Cola. They extort commuters, call-center employees, and restaurant and store owners. In the rural east, gangs threaten to burn sugar plantations unless farmers pay up.
A law-enforcement officer checks the phone of a man suspected of working as a gang lookout during a police sweep this year in a neighborhood of San Salvador, the capital of El Salvador.
They have grown so pervasive that “you don’t know where the state ends and the criminal organizations begin,” said Mauricio Ramírez Landaverde, El Salvador’s minister of justice and security, who oversees the national police force.
Unlike the major drug cartels that for years produced much of the region’s violence—using murder in the service of selling marijuana, cocaine and heroin largely to Americans—gangs in El Salvador, Honduras and Guatemala profit from extorting their own neighborhoods.
The gangs have evolved a more violent, chaotic economic model, one that is advancing in drug-trafficking countries, including Mexico, where large cartels have splintered into many warring groups.
Mauricio Ramirez Landaverde, El Salvador’s minister of justice and security.
“We’ve left behind the era of the cartel and the kingpin,” said Alejandro Hope, a security consultant in Mexico City. “Today, most violence in Latin America is the result of a new system that’s more diverse, harder to control, and much more local.”
While drug cartels collect profits from customers abroad, with dollars and euros trickling into local communities, these gangs steal from their own people. Documents collected in a recent federal investigation in El Salvador found that MS-13 earns as much as $600,000 a month in extortion payments from bus companies, retailers and other businesses. The payments range from a few dollars a day on each vehicle operated to hundreds of dollars a month charged to vendors in public markets.
Drug enforcement officials said El Salvador’s gangs earn about $20 million a year from extortion, with an estimated $3 million coming from businesses in San Salvador’s historic center. The gangs also sell drugs and stolen cars, adding to the revenue from legitimate businesses they have seized.
Cementing their national role, MS-13 and Barrio 18 may be El Salvador’s largest employers. The defense ministry estimates the gangs hire as many as 60,000 people as lookouts, collectors and assassins. By comparison, the two largest private employers, underwear makers HanesbrandsInc. and Berkshire Hathaway’s Fruit of the Loom, together employ about 20,000.
These aren’t “your father’s neighborhood hoodlums.” No, they are organized, probably more powerful than the Government, and basically control most of the country. Opposing their will is a potential death sentence — not dissimilar to the ways in which totalitarian dictatorships operate.
Rather than wasting time and money sending troops to our borders and pledging to violate our own laws as well as international standards, the Administration needs to begin treating the Central American migration for what it is — a humanitarian refugee situation. They should begin working constructively and cooperatively with the UNHCR and governments in the Western Hemisphere to address it as a refugee situation and to develop meaningful resettlement plans as well as plans to address the chaos going on in the Northern Triangle which is creating the refugee flow in the first place!
RUCKER AND FELICIA SONMEZ report for the Washington Post:
COLUMBIA, Mo. — President Trump, joined by many Republican candidates, is dramatically escalating his efforts to take advantage of racial divisions and cultural fears in the final days of the midterm campaign, part of an overt attempt to rally white supporters to the polls and preserve the GOP’s congressional majorities.
On Thursday, Trump ratcheted up the anti-immigrant rhetoric that has been the centerpiece of his midterm push by portraying a slow-moving migrant caravan, consisting mostly of families traveling on foot through Mexico, as a dangerous “invasion” and suggesting that if any migrants throw rocks they could be shot by the troops that he has deployed at the border. The president also vowed to take action next week to construct “massive tent cities” aimed at holding migrants indefinitely and making it more difficult for them to remain in the country.
“If you don’t want America to be overrun by masses of illegal aliens and giant caravans, you better vote Republican,” Trump said at a rally here Thursday evening.
The remarks capped weeks of incendiary rhetoric from Trump, and they come just five days after a gunman reportedly steeped in anti-Jewish conspiracy theories about the migrant caravan slaughtered 11 people at a Pittsburgh synagogue in what is believed to be the worst anti-Semitic attack in U.S. history.
Trump has repeatedly cast the migrants as “bad thugs” and criminals while asserting without evidence that the caravan contains “unknown Middle Easterners” — apparently meant to suggest there are terrorists mixed in with the families fleeing violence in Honduras and other Central American nations and seeking asylum in the United States. The president also said Wednesday that he “wouldn’t be surprised” if liberal donor George Soros had funded the migrant groups — echoing the conspiracy theory that is thought to have influenced the accused Pittsburgh shooter.
Trump questioned again at Thursday night’s rally whether it was really “just by accident” that the caravans were forming.
“Somebody was involved, not on our side of the ledger,” Trump told the crowd. “Somebody was involved, and then somebody else told him, ‘You made a big mistake.’ ”
He also called birthright citizenship a “crazy, lunatic policy,” warning that it could allow people such as “a dictator who we hate and who’s against us” to have a baby on American soil, and “congratulations, your son or daughter is now an American citizen.”
Many of Trump’s Republican acolytes, from Connecticut to California, have followed his lead in the use of inflammatory messages, including an ad branding a minority Democratic candidate as a national security threat and a mailer visually depicting a Jewish Democrat as a crazed person with a wad of money in his hand.
Trump and his supporters argue that the media and the president’s political opponents call racism or anti-Semitism where none exists as a way to demean him and divide Americans. At a campaign rally Wednesday night in Estero, Fla., Trump sought to link his supporters to the accusations.
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“We have forcefully condemned hatred, bigotry, racism and prejudice in all of its ugly forms, but the media doesn’t want you to hear your story,” Trump said. “It’s not my story. It’s your story. And that’s why 33 percent of the people in this country believe the fake news is, in fact — and I hate to say this — in fact, the enemy of the people.”
Meanwhile, an online campaign video personally promoted by Trump this week was denounced by Democrats and some Republicans on Thursday as toxic or even racist.
The footage focuses on Luis Bracamontes, a twice-deported Mexican immigrant who was given a death sentence in April for killing two California law enforcement officers in 2014. The recording portrays him as the face of the current migrant caravan, when in fact he has been in prison for four years.
The 53-second video is filled with audible expletives and shows Bracamontes smiling as he declares, “I killed f—— cops.” With a shaved head, a mustache and long chin hair, Bracamontes shows no remorse for his crimes and vows, “I’m going to kill more cops soon.”
Trump shared the video Wednesday afternoon with his 55.5 million followers on Twitter, and it remained pinned atop his Twitter page the next day. As of late Thursday afternoon, the video had been viewed 3.5 million times.
Ohio Gov. John Kasich (R), a potential 2020 challenger to the president, said Trump crossed a new Rubicon by posting the video.
“We all go through periods where we’re in a tough race and we’ve got to figure out what we should do, but at some point there’s just an ethical line that you should not cross, and I think it’s been crossed here,” Kasich said in an interview. “This latest ad is an all-time low. It’s a terrible ad, it’s designed to frighten people and it’s wrong.”
Rep. Bennie Thompson (D-Miss.) sounded a similar note, saying in a statement Thursday that Trump and Republicans “are so desperate to distract voters from their failures on everything from health care to foreign policy, they have sunk to new lows with hateful rhetoric and racist campaign ads.”
Five days from Election Day, the video underscored the dilemma facing Democrats as they work to calibrate their response to the president’s increasingly incendiary language on race and immigration.
Democratic strategist Donna Brazile said leaders of her party have two schools of thought about Trump’s video and his caravan rhetoric in general. She said they fear that reacting to it only allows the president to dictate the terms of the debate and “spread the toxins into the bloodstream of the electorate,” but that the tone is so appalling — especially coming from the president himself — that they feel compelled to speak out.
“Trump has opened up a whole new playbook to sow discord and to weaponize hate,” Brazile said. “Everyone has seen low politics. We’ve all done low politics. But Lee Atwater would be shocked at the vitriol we’re seeing today — and, man, Lee was scrappy. This is virulent. It’s bone-chilling. It’s like a toxin.”
Atwater, who died in 1991, was a Republican consultant who was known for crafting culturally divisive messages.
Rep. David N. Cicilline (D-R.I.) described the video as a “horribly racist” attempt by Trump to “prey on people’s fears and lack of information about how the immigration system works.”
Some conservatives, meanwhile, cheered the president for ramping up his focus on an issue that helped push him to victory in 2016. “The clip of convicted cop murderer Luis Bracamontes laughing in a Calif. court is something every American should see,” Fox News host Laura Ingraham wrote in a tweet.
Republican strategists say Trump’s immigration push is helping the party here in Missouri, where state Attorney General Josh Hawley is trying to unseat Democratic Sen. Claire McCaskill. Race has been a sensitive issue in the state, which was rocked by unrest in 2014 after an unarmed 18-year-old African American man was fatally shot by a white police officer in Ferguson, Mo.
Ahead of his rally here Thursday in Columbia, the speakers blared “We Are The World,” Michael Jackson’s ode to peace and inclusiveness. Several white supporters interviewed at the event rejected the notion that the president is racially divisive — and they said they resented the very suggestion.
“He’s not a racist president and I’m not a racist,” said Meredith Leon, 65, a retired small-business owner from Columbia. “We want law and order and justice for all people. I’m fed up with everything being race, race, race. Fed up!”
David Ewing, 59, a farmer in Tebbetts, Mo., said he supports Trump’s immigration agenda “100 percent.”
“I don’t think he’s racist,” Ewing said. “It’s just the far left trying to do anything they can to stop him. I ignore them, really.”
As Trump has intensified his rhetoric, a growing number of Republican candidates across the country have followed suit. Some feature graphic anti-immigrant messages and images in their campaign ads, while others have been accused of inciting anti- Semitic or anti-Muslim sentiment.
In Tennessee, a recent ad for Republican Senate nominee Marsha Blackburn features footage of the caravan and warns that it includes “gang members, known criminals, people from the Middle East, possibly even terrorists.” The ad also slams Blackburn’s Democratic opponent, Phil Bredesen, for stating that the caravan is “not a threat to our security.”
An ad released Thursday by Pennsylvania Republican gubernatorial nominee Scott Wagner features ominous music along with footage of the caravan. “A dangerous caravan of illegals careens to the border, two more behind it, and liberal Tom Wolf is laying out the welcome mat,” the ad declares, referring to the state’s Democratic governor.
A Facebook ad being run by the campaign of Rep. Rob Woodall (R-Ga.) features a photo of three heavily tattooed Latino men with the message, “I will protect Georgia from violent criminal gangs.”
And in California, the campaign of Rep. Duncan D. Hunter (R-Calif.), who has been indicted on charges of alleged misuse of campaign funds, has called his opponent, Ammar Campa-Najjar, a “national security threat” with “close family connections” to Islamist militant groups. The 29-year-old Democrat’s grandfather, who died 16 years before he was born, was a key planner of the 1972 attack on Israeli athletes at the Munich Olympics. Campa-Najjar has condemned the attack.
“Instead of making an affirmative case for his own record, he’s trying to disparage the character of a fellow American,” Campa- Najjar said in an interview. “I think that speaks volumes about his policy record.”
The messaging has filtered down to local races as well. In Connecticut, a mailer recently sent out by Republican state Senate nominee Ed Charamut’s campaign depicts Democrat Matthew Lesser as holding a wad of money with a crazed look in his eyes. Lesser is Jewish, and the ad has been denounced for promoting anti-Semitic stereotypes.
After first defending the ad, Charamut’s campaign later issued an apology to Lesser, acknowledging that “the imagery could be interpreted as anti-Semitic.”
Some candidates who have long made inflammatory remarks on immigration and race have found themselves facing a backlash in recent days. Rep. Steve King (R-Iowa), who met in August with representatives of a far-right Austrian party and declared that “Western civilization is on the decline,” was publicly rebuked Tuesday by Rep. Steve Stivers (R-Ohio), the head of the National Republican Congressional Committee. King, who previously retweeted a self-described “Nazi sympathizer” and endorsed a Toronto mayoral candidate who appeared on a neo-Nazi podcast, has also seen companies such as Land O’Lakes withdraw their support for his campaign.
Trump’s rhetoric also has prompted outrage from a handful of lawmakers from his party, particularly those who are departing Congress or are in Democratic-leaning districts. Republican leadership has largely remained silent.
Sen. Jeff Flake (R-Ariz.), a frequent critic of Trump who is retiring at the end of his current term, said in a tweet Thursday that the ad featuring Bracamontes was “sickening” and that “Republicans everywhere should denounce it.”
Rep. Carlos Curbelo (R-Fla.), whose district was won by Hillary Clinton by 16 points in 2016, said on CNN that while he hadn’t seen the ad, it was “definitely part of a divide-and-conquer strategy that a lot of politicians, including the president, have used successfully in the past.”
“I hope this doesn’t work,” Curbelo said. “I hope that type of strategy starts failing in our country, but that’s up to the American people.”
Sonmez reported from Washington. Sean Sullivan, Matt Viser and Eli Rosenberg in Washington contributed to this report.
Philip Rucker is the White House Bureau Chief for The Washington Post. He previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local news reporter.
Felicia Sonmez is a national political reporter covering breaking news from the White House, Congress and the campaign trail. She was previously based in Beijing, where she worked for Agence France-Presse and The Wall Street Journal.
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I always find it interesting when individuals who support, promote, and enable racist agendas “bristle” when confronted with the truth about their actions. Jeff Sessions is one great example of that phenomenon. But, it is what it is. Trump and his brand of GOP are running on an overtly racist platform; support for Trump simply can’t be detached from the reality of what he promotes and stands for — hate, dishonesty, intolerance, and frankly, a very grim future for a country that can’t get its act together and celebrate and use the skills, creativity, dedication, and humanity of all of its inhabitants. Whether you are conservative or liberal, the Trump platform of racism and hate can’t possibly be the keys to success as a nation. We need responsible moral leadership in American. It certainly can’t come from Trump or the GOP at this time in our history.
Get out the vote! Start the long, methodical, democratic process for regime change and restoration of true American values! Before it’s too late for all of us!