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

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

Fanlund writes in an op-ed:

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

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

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

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

His brilliant execution of that art culminated in Donald Trump.

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

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

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

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

OK, but why does it always work?

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

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

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

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

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

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

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

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

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

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

PWS

05-26-17

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

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

Roque Planas reports in HuffPost:

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

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

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

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

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

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

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

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

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

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

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

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

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

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Read the full story at the link.

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

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

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

PWS

05-26-16

 

Noah Feldman In Bloomberg View: 4th Circuit’s Stunning Rebuke Of Trump — Court Basically Calls Prez A Liar!

https://www.bloomberg.com/view/articles/2017-05-25/court-essentially-says-trump-lied-about-travel-ban

Feldman writes:

“In a remarkable 10-to-3 decision, a federal appeals court on Thursday affirmed the freeze on the second iteration of President Donald Trump’s executive order on immigration from six majority Muslim countries. The court said that national security “is not the true reason” for the order, despite Trump’s insistence to the contrary. It’s extraordinary for a federal court to tell the president directly that he’s lying; I certainly can’t think of any other examples in my lifetime.

The decision and the breakdown of the judges voting against the ban — which includes Republican appointees — presages defeat for the executive order in the U.S. Supreme Court, should the Trump administration decide to seek review there. Faced with this degree of repudiation from the federal judiciary, Trump would be well advised not to go to the Supreme Court at all.

The decision for the 4th Circuit Court of Appeals was written by Chief Judge Roger Gregory, who has the distinction of having been appointed to the court first by Bill Clinton, in a recess appointment that would have expired, and then by George W. Bush — a reminder of bipartisanship in the judicial nomination process that seems almost inconceivable today.

Gregory’s opinion had three basic parts, of which the middle one was the most important.

First, Gregory found that the plaintiffs in the case had standing to challenge the executive order as a violation of the First Amendment’s establishment clause. He pointed out that under the “endorsement test” first offered by Justice Sandra Day O’Connor, the establishment clause is violated when the government sends a message to some people that they are insiders, favored members of the political community, or a message to others that they are outsiders, disfavored as citizens.

In O’Connor’s analysis, feelings count. As the 4th Circuit put it in the passage quoted by Gregory, “feelings of marginalization and exclusion are cognizable forms of injury” under the endorsement test. Thus, Muslim plaintiffs who alleged that they experienced a sense of exclusion and harm have the constitutional right to bring a lawsuit. 1

Although the 4th Circuit dissenters objected plausibly that this reliance on emotional experience would allow anyone “who develops negative feelings” to bring an establishment clause case, their objection isn’t really to Gregory’s reasoning, but to the endorsement test itself. And that’s part of constitutional doctrine.

That led Gregory to the heart of his opinion — and the condemnation of Trump as a liar. The strongest legal argument available to the Trump administration was based on a 1972 Supreme Court case called Kleindienst v. Mandel.

In the Mandel case, immigration authorities denied a visa to a Belgian Marxist who had been invited to give lectures in the U.S. The professors who invited him argued that his exclusion violated the freedom of speech.

The Supreme Court denied the claim, stating that when the executive branch excludes a noncitizen from the country “on the basis of a facially legitimate and bona fide reason,” the courts would not “look behind the exercise of that discretion.” That holding looked pretty good for the Trump executive order, which on its face asserts a national security interest in denying visas to people from the six majority Muslim countries.

Here’s where the opinion got personal. Gregory acknowledged that the executive order was “facially legitimate.” But, he said, “bona fide” literally means “in good faith.”

And here, he reasoned, the plaintiffs had provided “ample evidence that national security is not the true reason” for the order. That evidence, the court said, came mostly from Trump himself, in the form of his “numerous campaign statements expressing animus towards the Islamic faith.”

This was really the punchline of the opinion: Trump’s own statements show that he lied when he said the purpose of the executive order was national security. Once that conclusion was on the table, Gregory easily went on to show that such animus violated the establishment clause by sending a message to Muslims that they are outsiders in the political community.

One other George W. Bush nominee, Judge Allyson Duncan, joined the opinion. The three dissents came from Judge Paul Niemeyer, appointed by George H.W. Bush, and two court’s two other George W. Bush nominees. Thus, the breakdown was mostly partisan.

As a result, it’s plausible that Trump might get a few votes for the executive order at the Supreme Court. But he isn’t going to win. Justice Anthony Kennedy will be moved by the argument that the executive order was adopted in bad faith. And even conservative Justice Samuel Alito is likely to be unsympathetic, given his strong record as a defender of religious liberty.
Trump’s lawyers should be telling him right now that it would be a mistake for him to seek Supreme Court review. Not only is he likely to lose, he is likely to lose in a way that undermines his legitimacy and credibility. But it’s doubtful whether he will listen. If Trump had been listening to his lawyers, he wouldn’t be in the situation he’s in now, where the judiciary is telling him to his face that he has bad faith.”

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I’m not even sure the Supremes will take this case.

First, it’s in an odd procedural posture of a preliminary injunction. No trial has ever been held.

Second, the “urgency” — which was fake anyway — clearly doesn’t exist.

Third, there is no Circuit split that needs to be resolved.

On the other hand, it is an interesting constitutional/separation of powers issue, and the Court is now back to “full strength.”

Trump and Sessions would be well advised at this point to heed the advice of the “Supreme Court pros” in the Solicitor General’s Office. But, based on performance to date, that’s unlikely to happen.

PWS

05-25-17

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

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

Rosenberg writes in the Augusta (VA) Free Press:

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

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

PWS

05-25-17

 

MOYERS & CO: Rachel B. Tiven Accuses EOIR Of Participating In Political Vendetta!

http://billmoyers.com/story/airport-lawyers-defied-trump-under-attack/

Tiven writes:

“While the country has been fixated on President Trump’s firings, leaks and outbursts involving the Department of Justice, that agency has itself been stealthily attacking our democracy by telling good lawyers to stop representing people. Four weeks ago, the Northwest Immigrant Rights Project (NWIRP) — a respected nonprofit in Seattle that represents immigrants in deportation proceedings—received a “cease and desist” letter from the DOJ threatening disciplinary action. The letter demanded that NWIRP drop representation of its clients and close down its asylum-advisory program. The reason: a technicality, perversely applied. NWIRP is accused of breaking a rule that was put in place to protect people from lawyers or “notarios” who take their money and then drop their case.

Last week, NWIRP filed a lawsuit to defend itself against the DoJ’s order—and on Wednesday, a judge granted a restraining order. So for now, the organization can keep helping immigrants who need legal advice. But what’s at stake extends far beyond NWIRP and the 5,000 people it serves every year. The outcome of this legal battle will profoundly impact access to legal representation for the tens of thousands of immigrants who apply for asylum in the United States every year and the hundreds of thousands of undocumented immigrants whose cases are currently in front of an immigration judge.

The outcome of this legal battle will profoundly impact access to legal representation for the tens of thousands of immigrants who apply for asylum in the United States every year and the hundreds of thousands of undocumented immigrants whose cases are currently in front of an immigration judge.
Before I explain more, let’s step back for the context: You have no right to counsel in immigration proceedings. If you are not a citizen — or if the government merely alleges you aren’t — you can be taken from your home, jailed and permanently deported without ever seeing a lawyer. This is perfectly legal. It happened to more than a million people under the Obama administration, which vastly expanded the machinery of deportation. (If you want this to be an “Obama was good, Trump is bad” story, sorry to disappoint.)

On the last day of President Obama’s term, nearly half a million people were in immigration court proceedings, which one judge describes as “death penalty trials in a traffic court setting.” Most of them had no lawyer, and the vast majority of them had committed no crime. They were prosecuted solely for being in the United States without authorization, which is a civil violation and not a crime. (That is the reason you don’t get a lawyer: The familiar promise of “if you cannot afford a lawyer, one will be provided for you” only applies to people accused of crimes.)

In the absence of a right to appointed counsel, a patchwork of underfunded nonprofits (like NWIRP) and attorneys do their best to help immigrants in court. These nonprofits leverage the volunteer work of lawyers at big law firms, who represent children and refugees in immigration and asylum proceedings for free. There are also a few thousand really good private immigration attorneys nationwide, which isn’t enough even for those who can afford to hire them.

There are thousands more unqualified and dishonest scoundrels who steal money from immigrants too vulnerable to report them. And it is these thieves and cheats that the DoJ’s rules were meant to protect immigrants from. But in Jeff Sessions’s DoJ, the Disciplinary Review office of the Executive Office of Immigration Review is instead pursuing NWIRP, and will soon come after other non-profits. The accusation is that because NWIRP provides advice and assistance to people in immigration proceedings without committing to full representation, it is violating the rules.

It’s a Kafkaesque system: The government won’t provide immigrant defendants with legal representation, and they are allowed to get help for free only if they find a lawyer who will commit up-front to a case that will stretch on for years. Otherwise, they’re not allowed to have any help at all, are required to submit complex legal documents with no assistance and lawyers who try to help them will be sanctioned.

Precisely because this would be a cruel and absurd result, NWIRP and its peers around the country have had longstanding agreements with immigration officials that permit them to run asylum-assistance programs without committing to permanent representation. Attacking them now is a shockingly cynical move, akin to sanctioning an emergency-room doctor for sewing up a bleeding patient without first promising to be their doctor for life.

NWIRP doesn’t know why it was singled out. But we do know that NWIRP has been at the forefront of resisting Trump’s travel ban. Its staff and volunteer lawyers were at SeaTac airport immediately after the White House launched the first Muslim ban, and in March it sued to block the second Muslim ban.

And NWIRP isn’t alone; its nonprofit counterparts did the same at airports around the country, leveraging law-school clinics and large-firm lawyers working pro bono. The DoJ’s suspiciously timed cease and desist letter sends a chilling message to exactly these groups, and to volunteer attorneys. This attack by the government on a legal services-provider for immigrants could dissuade law firms from letting their lawyers volunteer for these cases, scaring those firms away by convincing them that immigration-related projects are too risky pro-bono projects.

If they succeed, they don’t just deprive people of scarce resources for volunteer counsel, they gradually muzzle the bar. They marginalize the heroic work of nonprofits like NWIRP and its peers around the country. They defang the big law firms that have been willing to stand up to this administration—like Davis Wright Tremaine, which is assisting NWIRP—and they make immigrant representation a more marginal part of the law.

When lawyers rushed to airports this winter to protect our friends, our neighbors and our Constitution, people cheered. The Trump administration took offense, and now those lawyers are in their cross hairs. The president is taking a sledgehammer to the pillars of our government: the FBI, the Justice Department, the federal courts. America, we are under attack.

Editor’s Note: This story has been updated to reflect the fact that a restraining order enabling NWIRP to continue representing immigrants has been granted.”

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Don’t know if Tiven is right that Sessions and his  folks put EOIR up to this, or whether it’s just another case of bad bureaucratic judgement on EOIR’s part.

But, either way, it illustrates the real problem that has been swept under the table for too long: you can’t have a due process court system operating an an agency of the Executive Branch, particularly the USDOJ, well known for its political shenanigans over a number of Administrations. In light of this colossal coflict of interest, the idea of having EOIR investigate ethical violations by private entities seems somewhat comical.

PWS

05-25-17

 

NEW PRECEDENT: Family Is A PSG, But Beware Of Nexus — Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017) — Read My “Alternative Analysis!”

https://www.justice.gov/eoir/page/file/969456/download

BIA Headnote:

“(1) Whether a particular social group based on family membership is cognizable depends on the nature and degree of the relationships involved and how those relationships are regarded by the society in question. (2) To establish eligibility for asylum on the basis of membership in a particular social group composed of family members, an applicant must not only demonstrate that he or she is a member of the family but also that the family relationship is at least one central reason for the claimed harm.”

PANEL: BIA Appellate Immigration Judges Greer, Malphrus, Liebowitz

OPINION BY: Judge Anne Greer

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I was the Immigration Judge in one of the leading “family as a PSG” cases cited by the BIA, the Fourth Circuit’s decision in Crespin-Valladares v. Holder, 632 F.3d 117, 124−25 (4th Cir. 2011). In Crespin, I had granted asylum to a Salvadoran family comprising a PSG of “family members of those who actively oppose gangs in El Salvador by agreeing to be prosecutorial witnesses.”

The BIA reversed me on appeal, and the respondents sought judicial review in the Fourth Circuit. That Court (much to my delight and satisfaction, I must admit) reversed the BIA and agreed with me that the respondent’s PSG was valid.

Following that, family based PSGs came up frequently in the Arlington Immigration Court. However, in a number of cases, as in  L-E-A-, in their haste to posit a valid family-based PSG, attorneys neglected to prove the nexus between the PSG and the harm, or, even more surprisingly, failed to show that the respondent was even a member of the proposed PSG. Details are important!

Nevertheless, since family-based PSG cases are often “grantable,” I can’t help wondering why the BIA selected a denial for the precedent, rather than putting forth a positive example of how family-based PSGs can be a legitimate means of granting protection under the law and thereby saving lives?

In L-E-A-, the PSG was the respondent’s membership in his father’s family. Gangs threatened him with harm because they wanted him to sell drugs in his father’s store, and he refused. The respondent’s membership in the family is immutable. Additionally, there is no reason to believe that the gangs would have threatened the respondent but for his membership in a family which ran a store where they wanted to sell drugs.

Consequently, the IJ and the BIA  panel could just have easily found that “family membership” was at least one central reason for the threatened harm. To me, this seems like a better analysis. I find the panel’s observation that anyone who owned the store would have been threatened irrelevant. So what?

PWS

05-25-17

INSIDE THE 2018 DOJ BUDGET: Some Good News (Sort Of) For Beleagured U.S. Immigration Courts

https://www.justice.gov/opa/pr/department-justice-fy-2018-budget-request

According to an official DOJ press release:

“+$79 million for the Executive Office of Immigration Review (EOIR), including $75 million for 75 new Immigration Judges and associated positions, boosting the Department’s capacity for prompt, efficient, and just hearings for those accused of violations of immigration law.”

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The Good News:

More U.S. Immigration Judges are certainly needed and welcome. And, it’s smart to treat them as “judicial teams,” including support staff, Judicial Law Clerks, space, and equipment!

“Prompt, efficient, and just hearings” also sounds like the right objective for the U.S. Immigration Court system!

So, what could go,wrong?

The Bad News:

75 additional U.S. Immigration Judge teams will hardly put a dent in a 600,000 case backlog which continues to grow daily. Indeed, since many of the most experienced and efficient Immigration Judges are eligible to retire, 75 new Immigration Judges will barely even cover the potential loss of literally centuries of collective judicial expertise and experience.

Moreover, with Attorney General Sessions serving as a “cheerleader and chief instigator” for DHS’s current “Gonzo Maximo Random Enforcement and Detention Program,” the Immigration Courts’ future is almost certainly going to see more “aimless docket reshuffling” (“ADR”), rather than the careful structural, administrative, and procedural reforms needed to enable the Immigration Court to fulfill its mission of “guaranteeing fairness and due process for all!”

In the long run, the due process crisis in the Immigration Courts can’t be solved without responsible leadership at the DHS with the courage and determination to limit and focus DHS enforcement in a “smart” way that recognizes that Immigration Court time will always be precious and that court dockets are not infinitely expandable! Additionally, it will require DOJ leadership to treat the Immigration Court as a truly independent judicial system, not just an adjunct to the enforcement arm of DHS.

PWS

05-24-17

Only 6% Of Trump Immigration Arrests Involve “Violent Crimes!”

http://www.truthdig.com/report/item/trump_administration_arrests_noncriminal_immigrants_150_percent_20170523

Truthdig reports:

“For the most part, the Trump campaign was transparent in its xenophobia, playing to the anti-immigrant sentiments of Trump’s base with promises to increase deportations of the undocumented. But on one point, Trump pretended to care about nuance: He would not, he stated on multiple occasions, target undocumented immigrants indiscriminately, but would focus on those with criminal records—the “bad hombres,” to use the president’s own ridiculous words. Predictably, this has not been the case in practice. A new report shows that amidst a staggering increase in undocumented immigrant deportations overall, arrests of law-abiding undocumented immigrants shot up the most, by a whopping 150 percent.

A report by U.S. Immigration and Customs Enforcement boasts that between January 29 and April 22, agents arrested 41,318 undocumented immigrants. That figure, which breaks down to roughly 400 arrests per day, represents an increase of 37 percent over arrests made during the same period under President Obama, who previously held the title of Deporter-in-Chief. Seventy-five percent of those taken into custody have criminal convictions, but even that notation is potentially misleading. As Vox notes, “it’s not clear how many of those were for crimes that might be considered minor, or for crimes that are the result of being an unauthorized immigrant in the U.S. (such as driving without a license in a state that doesn’t permit unauthorized immigrants to get drivers’ licenses).” In fact, as the outlet points out, just 6 percent of those arrested had been convicted of violent crimes such as “homicide, rape, kidnapping and assault.”

The number of non-criminal undocumented immigrants arrested more than doubled, going “from approximately 4,200 in 2016 to more than 10,800 in 2017.” The ICE reports highlights this statistic as a point of pride, stating that while “convicted criminals are an immigration enforcement priority, Homeland Security Secretary John F. Kelly has made it clear that ICE will no longer exempt any class of individuals from removal proceedings if they are found to be in the country illegally.”

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Disrupting communities across America, pushing the U.S. Immigration Courts to the brink, burning through taxpayer dollars, without accomplishing much of anything useful. That’s the Trump way!

Contrary to the GOP fantasy hype, the Obama Administration was certainly no slouch at apprehending and removing serious criminals. So, the Trump enforcement charade has increased misery, deepened divisions, and created unnecessary commotion, while, by most reliable accounts, actually making us less safe by eroding years of hard-earned trust and cooperation between migrant communities and local police in reporting and solving crimes! Talk about a “built for failure” program!

PWS

05-23-17

Supremes Find GOP’s Racist Intent Drove NC Redistricting!

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

Robert Barnes reports in the Washington Post:

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

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

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

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

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

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

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

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

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

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

Liz was right!

PWS

05-23-17

POLITICS — STONEWALL: Flynn Takes The 5th!

https://www.washingtonpost.com/powerpost/flynn-takes-the-5th-and-declines-to-comply-with-senate-intelligence-committee-subpoena/2017/05/22/e4fa0524-3f15-11e7-8c25-44d09ff5a4a8_story.html?hpid=hp_hp-top-table-main_flynn-pp-210pmx%3Ahomepage%2Fstory&utm_term=.365d5fbc2d14

The Washington Post reports:

“Retired Lt. Gen Michael Flynn, the former national security adviser under President Trump, refused to comply with a Senate Intelligence Committee subpoena as a top House Democrat disclosed portions of new documents suggesting Flynn lied about his Russia ties to federal investigators.

Members of the Senate Intelligence Committee must now meet to vote and decide whether to hold Flynn in contempt or accept his attempt to invoke his Fifth Amendment right against self-incrimination.

The committee has demanded that Flynn provide it with a list of any contacts he had with Russian officials between June 16, 2015, and Jan. 20, 2017.

In a statement late Monday, the committee chairman and vice chairman, Sens. Richard Burr (R-N.C.) and Mark R. Warner (D-Va.), said they were “disappointed” by Flynn’s decision and would “vigorously pursue General Flynn’s testimony and his production of any and all pertinent materials pursuant to the Committee’s authorities.”

Flynn’s refusal comes as Rep. Elijah E. Cummings (D-Md.), the top Democrat on the House Oversight Committee, cited a previously undisclosed document alleging that Flynn had “lied” to security-clearance investigators about payments he received “directly” from Russia for appearing at a December 2015 gala hosted by Russian state-owned media company RT.”

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This baby isn’t going away any time soon!

PWS

05-23-17

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

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

Nolan writes in The Hill:

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

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

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

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

Home free magnet.

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

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

. . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

PWS

05-22-17

 

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

 

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

Jeffrey Rosen writes in the WSJ:

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

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

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

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

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

PWS

05-21-17

Administration’s Enforcement Policies: More Arrests, Fewer Removals — Backlogs Grow!

https://www.theatlantic.com/news/archive/2017/05/under-trump-immigrants-arrests-are-up-but-deportation-is-down/527103/

Aria Bendix reports in The Atlantic:

“Notably, Trump’s second executive order also expands the number of undocumented immigrants who are considered “priorities for removal.” Under the new legislation, any undocumented immigrant who poses a “risk to public safety or national security” qualifies as a priority. This marks a significant departure from the Obama administration, which designated immigrants convicted of serious crimes—including gang members, convicted felons, or those convicted of multiple misdemeanors—as priorities. In January, the president of the American Immigration Lawyers Association called Trump’s plan “a blueprint for mass deportation”—a claim both the White House and the Department of Homeland Security have denounced.

In February, U.S. Homeland Security Secretary John F. Kelly released two memos describing how Trump’s executive orders would be enforced in the U.S. According to Wednesday’s ICE report, Kelly “has made it clear that ICE will no longer exempt any class of individuals from removal proceedings if they are found to be in the country illegally.” Despite these new security measures, Homan told reporters that deportations have actually declined by 12 percent under the Trump administration. This is because more undocumented immigrants are being arrested in the interior of the country rather than along the border. As a result, they often face lengthy hearings in the nation’s immigration court system.”

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Doesn’t seem like increasing Immigration Court backlogs is sound enforcement policy. But, other reports suggest that the FEAR strategy is prompting undocumented residents to leave the US. So, perhaps from that standpoint it is succeeding.

BREAKING: WashPost Reports That Russia Probe Now Involves Trump Top Aide! — Is The “House Of Cards” Beginning To Wobble?

https://www.washingtonpost.com/world/national-security/russia-probe-reaches-current-white-house-official-people-familiar-with-the-case-say/2017/05/19/7685adba-3c99-11e7-9e48-c4f199710b69_story.html?hpid=hp_hp-top-table-main_fbiprobedeck-315pm%3Ahomepage%2Fstory&utm_term=.2f64c5fc8b83

Devlin Barrett and Matt Zapotosky Report:

“The law enforcement investigation into possible coordination between Russia and the Trump campaign has identified a current White House official as a significant person of interest, showing that the probe is reaching into the highest levels of government, according to people familiar with the matter.

The senior White House adviser under scrutiny by investigators is someone close to the president, according to these people, who would not further identify the official.

The revelation comes as the investigation appears to be entering a more overtly active phase, with investigators shifting from work that has remained largely hidden from the public to conducting interviews and using a grand jury to issue subpoenas. The intensity of the probe is expected to accelerate in the coming weeks, the people said.

The sources emphasized that investigators remain keenly interested in people who previously wielded influence in the Trump campaign and administration but are no longer part of it, including former national security adviser Michael Flynn and former campaign chairman Paul Manafort.

Flynn resigned in February after disclosures that he had lied to administration officials about his contacts with Russian Ambassador Sergey Kislyak. Current administration officials who have acknowledged contacts with Russian officials include President Trump’s son-in-law, Jared Kushner, as well as Attorney General Jeff Sessions and Secretary of State Rex Tikkerson.”

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Read the complete story at the link.

I think “we’ve got trouble, right here in River City!” Stay runed!

PWS

05-19-17

 

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

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

Lindsey Bever reports in the Washington Post:

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

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

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

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

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

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

The letter states:

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

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Read the complete article at the above link.

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

 

PWS

05-19-17