TAL @ SF CHRONICLE: TRUMP CONSIDERING USE OF TRAVEL BAN AUTHORITY TO CLOSE SOUTHERN BORDER TO ASYLUM SEEKERS!

Trump administration considers travel ban-like order for Mexican border

By Tal Kopan

WASHINGTON — The Trump administration is considering an executive action that could use travel ban-like authority to block certain asylum seekers at the Mexican border, sources familiar with the discussions said Thursday.

 

The proposal is not yet finalized and could ultimately be cast aside, said the sources, who spoke on condition of anonymity because the plan is in the formative stages. If President Trump approved such a plan, it would represent a dramatic escalation in border enforcement as a migrant caravan works its way north through Mexico.

 

The administration is working rapidly to draft the possible executive action, which could effectively use the same legal authority that Trump invoked last year in imposing a ban against people from several mainly Muslim countries from traveling to the U.S., said a government source who has seen a working version of the plan and several sources who had it described to them.

 

“The administration is considering a wide range of administrative, legal and legislative options to address the Democrat-created crisis of mass illegal immigration,” a White House official said on condition of anonymity when asked about the effort. “No decisions have been made at this time. Nor will we forecast to smugglers or caravans what precise strategies will or will not be deployed.”

 

More: https://www.sfchronicle.com/politics/article/Trump-administration-considers-travel-ban-like-13337662.php

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Forget Nukes, Star Wars, terrorist attacks, or cyber wars. All it takes to bring the “brave” leaders of the (formerly) most powerful nation on earth to their knees is a few thousand unarmed folks walking over a thousand miles desperately seeking justice under American law.

I knew we’d all live to regret it when the Supremes let Trump off the hook in the Travel Ban case. While some of the mealy-mouthed Justices who voted to unleash Trump from the Constitution might have thought that their spineless pleas for reason and prudence and their obsequious deference to the Executive would have a restraining effect, truth is it just emboldened him by showing that the GOP-Justices were afraid to cross him in a showdown case.

So, now Trump can just suspend any law that proves inconvenient for his White Nationalist agenda by invoking a transparently bogus “national security” rationale! Wonder whose rights will be next to go? Wonder what the Supremes will do when he comes to get them using their own misguided jurisprudence against them?

PWS

10-25-18

 

JAMELLE BOUIE @ SLATE: GOP Might Find That Their Message Of Bigotry & Racism Eventually Will Have Diminishing Returns!

https://slate.com/news-and-politics/2018/10/donald-trump-bigotry-midterms.html

Jamelle Bouie writes in Slate:

Donald Trump runs on fear. Once again, he’s closing out an election season with a direct appeal to the darkest impulses of the American psyche. “The Democrats don’t care what their extremist immigration agenda will do to your communities,” he said at a rally in Arizona last week, packing xenophobia into the false assertion that “Democrats want to throw your borders wide open to deadly drugs and endless gangs.” On Monday, he did the same when talking about the caravan of Honduran migrants heading for the United States, falsely saying that “Criminals and unknown Middle Easterners are mixed in” with the group.

Trump obviously believes his strategy of riling voters up with bigotry is effective. What’s striking is the political press agrees with him. “This pure brute force from Trump could work,” notes NBC News, “because there is no equal response from Democrats.” On Twitter, the New York TimesMaggie Haberman asserted similarly that this “controversial, race-baiting” rhetoric has been “effective for him politically.” And looking at these remarks in the context of the 2016 election, Axios asserts that “immigration and stoking fear about Mexican immigrants propelled Trump to the White House.”

But this conventional wisdom—that bigotry wins votes and elections—depends on imprecision around the idea of “effective.” The media has taken the fact that Trump became president aftermaking those appeals as evidence they broadly work; the fact that Republican primary voters endorsed Trump’s nativism and xenophobia has somehow become proof that it’s a viable election strategy whenever it’s deployed. But neither claim—and both are key assumptions made by political analysts in the Trump era—stands to serious scrutiny. And while Trump’s anti-immigrant rhetoric undoubtedly resonates with many Republicans, there’s no strong indication that it works on its own as an “effective” message among Americans writ large.

Republicans beyond Trump have made a similar gambit that racist insinuation will energize their supporters and move voters in their favor. In a predominantly white congressional district in upstate New York, GOP political groups have attacked Democrat Antonio Delgado, who is black, as a “big city rapper” who favors “handouts” from the government. In Florida, Republican gubernatorial candidate Ron DeSantis has attacked his black opponent, Andrew Gillum, in terms that evoke racist tropes. In California, Republican incumbent Rep. Duncan Hunter has attacked his Arab-American challenger, Ammar Campa-Najjar, as a “security risk” with potential ties to “radical Islam.”

The proof of concept behind this strategy is Trump’s successful election. Trump relied on racism and anti-immigrant sentiment to drive his message, the argument goes, and while it may have produced some defections among college-educated whites, it also attracted enough whites without degrees to win narrow victories in places where they formed a large share of the voting population, including Michigan, Pennsylvania, and Wisconsin. But missing from this narrative is the critical influence of Trump’s extremely optimistic message on jumpstarting the economy, which co-opted and muddled Hillary Clinton’s rhetoric on issues like wages and infrastructure. To voters cross-pressured by cultural conservatism on one end and liberal economic views on the other, Trump promised a synthesis attuned to their identities as blue collar white Americans—they could have both.

It’s that synthesis which—along with Clinton’s stark unpopularity and extraordinary events like the FBI’s intervention—produced Trump’s victory. In its absence, Republicans have not fared nearly as well, even as they’ve tried to replicate the president’s strategy of open and explicit bigotry.

There’s concrete evidence of this. In the final weeks of the 2017 Virginia gubernatorial race, Republican Ed Gillespie remade himself as a demagogue by playing on white racial resentment with ads blasting Democrat Ralph Northam for “sanctuary cities” and the MS-13 gang. He promised to protect the state’s Confederate monuments and tried to tie Northam to professional football player Colin Kaepernick’s protest against police brutality. Gillespie lost by 9 percentage points, and Virginia Republicans came one seat from losing an almost 20-year majority in the House of Delegates.

Alabama Republicans similarly chose an authentically Trump-like figure, Roy Moore, to replace Jeff Sessions in the Senate. He ran a Trump-like campaign of dishonesty, demagoguery, and casual bigotry. He was even accused of sexual misconduct by multiple women who alleged inappropriate behavior when they were teenagers and he was an attorney in his 30s. Despite this controversy, he was favored to win, running in an electorate that hadn’t chosen a Democrat for statewide office in more than a decade. But a Democratic surge, and Republican disenchantment, produced a surprise win for Doug Jones, the Democratic nominee.

Most recently, the Republican candidate in the special election for Pennsylvania’s 18thCongressional District, Rick Saccone, described himself as “Trump before Trump was Trump.” He ran as an acolyte of the president in a district that politically and demographically favored the Republican Party. He lost by a slim margin to Democrat Conor Lamb.

The key difference between Trump and these candidates? Economic messaging. Trump rejected conservative economic wisdom on retirement spending and other social programs during his presidential campaign, but neither Gillespie nor Moore nor Saccone had an economic agenda distinct from the national Republican Party. (Saccone ran away from the president’s signature legislative accomplishment—the Tax Cut and Jobs Act—on account of its deep unpopularity.) So while they could mobilize core supporters with appeals to racial threat, they couldn’t reach those cross-pressured voters, compete with conventional Democratic candidates, or overcome an active and energized Democratic electorate.

For further evidence, you can look to Senate races in Michigan, Pennsylvania, Ohio, and Wisconsin. As a candidate, Trump promised to tailor his economic policy to their needs; as president, he pursued large, upper-income tax cuts and pushed deep cuts to Medicaid and other social insurance programs. The result has been backlash against the GOP as Democrats recover lost ground even in the face of the president’s racial demagoguery. Some of this is Democratic mobilization against the president and his constant presence in national life, and some of it reflects shifting partisan loyalties among white voters with college degrees. But some of the change is also Democratic improvement with voters who backed Trump two years ago.

Republican politicians wouldn’t be scrambling to announce their support for key parts of the Affordable Care Act—and President Trump wouldn’t have fabricated a middle-class tax cut—if the party weren’t aware of the necessity of a viable economic message. And the extent to which voters don’t believe Republican rhetoric on health care and taxes might actually explain the sudden increase in the intensity of the president’s attacks on undocumented immigrants and other marginalized groups, as well as his decision to embrace terms like “nationalist” to emphasize his commitment to a racialized vision of citizenship and belonging.
His economic bet is not working this time, so he’s leaning hard on what he perceives as his other strength.

The energy is so high and the political environment so unique that it’s difficult to project an outcome for November, even if polls continue to show a Democratic advantage in the race for the House and a Republican one in the race for the Senate. President Trump and his allies clearly hope that by stirring the demons of American life, they can create an electoral barrier high enough to stop any potential blue wave.

Racial hysteria has been a part of many winning campaigns in our country. But it’s rarely the only part. Trump is gambling that it, and it alone, can carry him and his party past the finish line for a second time. But this is a gamble, and one that is more likely to fail than they seem to realize.

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Yup. Ultimately, White Nationalism, no matter how viscous, dishonest, and toxic, can’t halt the march of demographics. And, Trump and the GOP are working hard at offending, insulting, and disrespecting virtually every group in the U.S. except straight, right-wing Christian White Males and the (mostly White) women who support them. Even voter suppression and gerrymandering can only do so much. “Bought and paid for” Federal Judges won’t live forever. Eventually, the screw will turn.

PWS

10-24-18

TRUMP LAUNCHES PREDICTABLE LARGELY FACT FREE TIRADE AGAINST DESPERATE MIGRANTS – They Aren’t A Threat To Our National Security – But, Trump & His White Nationalist Policies Of Hate & Xenophobia Are!

http://time.com/5430940/donald-trump-migrant-caravan-false-claims

Katie Reilly reports for Time:

For more than 15 years, nonprofit groups have helped hundreds of asylum-seeking migrants journey through Central America to the United States, traveling together in a caravan to make the journey safer and their plight more visible. Thousands of Central American migrants currently walking to the U.S. border are doing the same, fleeing deadly violence on a trek that has drawn international focus.

As many as 7,000 migrants, according to one local estimate, have now joined the caravan that started on Oct. 13 in Honduras, many wearing flip flops and carrying their children on a journey that will be at least 1,500 miles long, depending on which part of the U.S. border they reach.

President Donald Trump — who has long critiqued U.S. immigration policies and denigrated immigrants since the start of his presidential campaign — has made numerous baseless claims about the caravan in recent weeks, spreading alarm and touting it as a “Great Midterm issue for Republicans!” Trump has claimed, without evidence, that the group included “criminals and unknown Middle Easterners” and falsely suggested that Democrats funded the caravan. He also blamed Democrats for the current immigration laws, though Republicans currently control both chambers of Congress and the White House.

“I have alerted Border Patrol and Military that this is a National Emerg[enc]y,” Trump tweeted early Monday, threatening to cut off foreign aid to Guatemala, Honduras and El Salvador for not “stopping people from leaving their country and coming illegally to the U.S.”

But videos and reporting from journalists traveling with the caravan of migrants show weary families making an arduous journey because of violence or lack of opportunity in their home countries, and no evidence that there are “unknown Middle Easterners” among the group.

“The migrants are ordinary people from Central America. They’re joining the caravans because the migration routes through Mexico are perilous for them and highly expensive,” says Elizabeth Oglesby, an associate professor of Latin American studies at the University of Arizona, who has studied Central America and human rights issues. “The more that the border has become militarized between the U.S. and Mexico, the more perilous and the more expensive the journey has become for Central Americans. So that’s why we see people coming together in the caravans.”

She says the caravan, which is larger than many of its annual predecessors, has grown because of how word spread on social media and because of worsening conditions in Honduras, where the murder rate is among the highest in the world and where the government has cracked down on political protestersfollowing last year’s disputed presidential election.

Oglesby says just a fraction of migrants who begin the trek make it to a U.S. point of entry each year, as many turn back or peel off if they can find work or safety in Mexico instead.

While no specific group has said it’s responsible for organizing the current caravan, Pueblo Sin Fronteras, founded in 2010, has led asylum-seeking migrants through Central America for more than 15 years, most recently in April — another caravan that drew ire from Trump. The group aims to “provide shelter and safety to migrants and refugees in transit, accompany them in their journey, and together demand respect for our human rights.” Some Pueblo Sin Fronteras leaders and organizers are involved in the current caravan.

Trump has lashed out at the caravan as an example of illegal immigration, threatening to deploy U.S. military force to “close our Southern border” and stop what he has described as a crisis. But illegal border crossings have been declining overall for more than a decade, though the number of border apprehensions fluctuates month-to-month. And under U.S. law, it is legal to petition for asylum at the border, though the process may be lengthy and ultimately unsuccessful.

“These migrant caravans are not a border crisis,” Oglesby says. “People are doing this openly and visibly, and they plan to show up at the U.S. port of entry and petition for political asylum, and that is exactly how our laws are supposed to function. The crisis comes about when U.S. border officials discourage people from political asylum, leave them on the bridges or threaten them that if they go forward with a political asylum claim, they might lose their children.”

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Katie is hardly the only informed observer to note that Trump is even more full of BS, fabricated facts, and bogus scare techniques than usual on this one.

Here’s Maegan Vasquez over at CNN:

https://www.cnn.com/2018/10/22/politics/donald-trump-migrant-caravan-fact-check/index.html

Washington (CNN)President Donald Trump, in a series of tweets on Monday, claimed he would declare a “national emergency” over an issue that has frequently piqued his attention — migrant caravans moving toward the United States through Central America and Mexico.

His tweets come just weeks ahead of the 2018 midterm elections and he has emphasized immigration as a key issue, without evidence accusing Democrats of pushing for overrun borders in what appears to be a naked fear campaign aimed at turning out his supporters. Immigration was a key issue in the 2016 presidential race.
Crowds of migrants, estimated to be in the thousands on Monday, resumed their long journey north on Sunday into Mexico as part of a migrant caravan originating in Central America.
Currently migrants are at the Central Park Miguel Hidalgo in the center of Tapachula. Organizers plan for them to begin moving north, reaching the northern city of Huixtla, which is about 20 miles north, and resting there.
The President, in his tweets, also made several questionable claims concerning immigration and the caravan. Among them: that “unknown Middle Easterners” are “mixed” in with the caravan, that he would be cutting off foreign aid over the caravan, and that Mexican authorities failed to stop migrants from coming into Mexico.
Asked later Monday about his assertion about “unknown Middle Easterners” in the caravan, Trump said: “Unfortunately, they have a lot of everybody in that group.”
“We’ve gotta stop them at the border and, unfortunately, you look at the countries, they have not done their job,” he said. “They have not done their job. Guatemala, Honduras, El Salvador — they’re paid a lot of money, every year we give them foreign aid and they did nothing for us, nothing.”
Here’s what we know:

Are there “unknown Middle Easterners” “mixed” into the migrant caravan?

Trump tweeted “criminals and unknown Middle Easterners are mixed” into the migrant caravan moving toward the United States. He called this a “national emergy” (sic).
It’s unclear what “unknown Middle Easterners” Trump appears to be referring to in his tweet, since there have been no reports, in the press or publicly from intelligence agencies, to suggest there are “Middle Easterners” embedded in the caravan.
A senior counterterrorism official told CNN’s Jessica Schneider that “while we acknowledge there are vulnerabilities at both our northern and southern border, we do not see any evidence that ISIS or other Sunni terrorist groups are trying to infiltrate the southern US border.”
White House press secretary Sarah Sanders said Monday afternoon that the administration “absolutely” has evidence of Middle Easterners in the caravan, “and we know this is a continuing problem.”
However, she did not provide the specific evidence supporting that claim.
During a White House conference call with surrogates regarding the caravan, a Homeland Security official said the administration is looking into a claim from Guatemalan President Jimmy Morales that his country has been able to capture around 100 terrorists. However, the official did not offer any evidence of the Middle Eastern people who Trump claims are hiding among migrants in the caravan.
“We are looking into that claim from the President Morales on the numbers,” Jonathan Hoffman, the DHS official, said. “It is not unusual to see people from Middle Eastern countries or other areas of the world pop up and attempt to cross our borders.”
Earlier this month, Morales claimed foreign individuals linked to terrorism were captured in the country during his administration, which began in January 2016.
“We have arrested almost 100 people highly linked to terrorist groups, specifically ISIS. We have not only detained them in our territory, they have also been deported to their countries of origin. All of you here have information to that effect,” Morales said during a Conference on Prosperity and Security in Central America event attended by Secretary of State Mike Pompeo.
There’s no direct link or correlation between Morales’ statement and Trump’s assertion about the caravan on Twitter.
The Department of Homeland Security also did not provide any evidence to bolster the President’s claim about “unknown Middle Easterns” in the caravan when asked for it by CNN on Monday.
A department official told CNN that in fiscal year 2018, Customs and Border Protection “apprehended 17,256 criminals, 1,019 gang members, and 3,028 special interest aliens from countries such as Bangladesh, Pakistan, Nigeria and Somalia. Additionally, (Customs and Border Protection) prevented 10 known or suspected terrorists from traveling to or entering the United States every day in fiscal year 2017.”
The Department of Homeland Security did not specify any Middle Eastern countries.
Pressed about the President’s assertion that there are “unknown Middle Easterners” mixed in with the caravan, a State Department spokesperson said they understand there are several nationalities in the caravan and referred us to Department of Homeland Security for more information.

Will the administration cut off foreign aid? Can they?

Trump tweeted that because “Guatemala, Honduras and El Salvador were not able to do the job of stopping people from leaving their country and coming illegally to the U.S.,” the United States “will now begin cutting off, or substantially reducing, the massive foreign aid routinely given to them.”
It’s unclear where the administration will propose to make the cuts the President appears to be talking about, and CNN has reached out to the White House and the DHS for further information.
However, the Congressional Budget and Impoundment Control Act prohibits the President from withholding — or impounding — money appropriated by Congress.
New York Rep. Eliot Engel, the top Democrat on the House Committee on Foreign Affairs, said Monday that his office has reached out to the Government Accountability Office to ensure that the President does not violated the act.
“Fortunately, Congress — not the President — has the power of the purse, and my colleagues and I will not stand idly by as this Administration ignores congressional intent,” Engel said in a statement.
Trump has made the threat of cuts to foreign aid going to Latin American countries over migrant caravans several times over the last year.
Under the Trump administration, and with the approval of the Republican-controlled Congress, there have already been significant cuts to foreign aid to Guatemala, El Salvador and Honduras — the three countries he mentioned Monday — and the administration plans to continue making cuts in fiscal year 2019.

Were authorities from Mexico unable to stop the migrant caravan from heading into the US?

Trump tweeted Monday that “Mexico’s Police and Military are unable to stop the Caravan heading to the Southern Border of the United States.”
There are some 7,500 people marching north as part of a migrant caravan through Mexico, caravan organizer Dennis Omar Contreras told CNN. He said the organizers did a count of participants Monday morning.
He said the migrants will leave Mexico’s Tapachula for the town of Huixtla, which is located more than 20 miles northwest of their Monday morning location.
While Mexican authorities said before the caravan’s arrival that anyone who entered the country “in an irregular manner” could be subject to apprehension and deportation, many migrants from the caravan appear to have circumvented authorities.
CNN crews witnessed migrants jumping off a bridge at the Mexico-Guatemala border and riding rafts to reach Mexican soil.
Mexican authorities say more than 1,000 Central American migrants officially applied for refugee status in Mexico over the past three days.
It’s unclear how authorities will respond to the thousands of other migrants who are marching north.

Will the President declare a national emergency over the caravan?

It’s unclear exactly what executive action, if any, the President will take following his tweet saying that he has “alerted Border Patrol and Military that this is a National (emergency).”
Previous administrations have ordered troops to the US southern border, and Trump issued a similar memorandum earlier this year ordering National Guard troops to be deployed to the US-Mexico border. The memo came around the same time another, smaller migrant caravan was moving toward the US through Central America.
Lieutenant Colonel Jamie Davis, a spokesman for the Defense Department, told CNN that “beyond the National Guard soldiers currently supporting the Department of Homeland Security on our southern border, in a Title 32, U.S. Code, section 502(f) duty status under the command and control of the respective State Governors, the Department of Defense has not been tasked to provide additional support at this time.”
The Department of Homeland Security, which oversees Customs and Border Protection, referred questions about the national emergency to the White House, which did not answer to several questions for comment.
Doris Meissner, a senior fellow at the Migration Policy Institute and the former commissioner of the Immigration and Naturalization Service, told CNN that the President’s use of the term national emergency, and his potential subsequent declaration, is “a subjective judgment.”
“It is certainly true that the numbers that have been reported in this group are larger than anything that we’ve seen before this from these countries concentrated in one group,” she said.
However, she added that the reaction is “disproportionate to what’s happening.”
“I’m not saying it’s not a genuine problem, but it’s not like this is organized insurrection, in the way that its been characterized,” she added.
CNN’s Catherine Shoichet, Sarah Westwood, Ryan Browne, Jennifer Hansler, Geneva Sands, Dakin Andone, Patrick Oppmann, Natalie Gallón, Kevin Liptak and Jessica Schneider contributed to this report.

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And, here’s the ever-wonderful Tal from her “new home” over at the SF Chronicle:

Here’s what happens when the migrant caravan arrives at U.S. border

By Tal Kopan

WASHINGTON — President Trump ratcheted up his rhetoric Monday about a caravan of thousands of Central Americans making its way toward the U.S., even as uncertainty grew over what will happen to the migrants if they reach the border.

Trump has seized on the caravan as a key talking point heading into the midterm elections. The president has been pointing to the growing group of migrants as justification for his aggressive immigration proposals.

“Sadly, it looks like Mexico’s Police and Military are unable to stop the Caravan heading to the Southern Border of the United States. Criminals and unknown Middle Easterners are mixed in. I have alerted Border Patrol and Military that this is a National Emergy. Must change laws!” Trump tweeted Monday.

A source familiar with the government’s information on the caravan said there was no evidence Middle Easterners were mixing into it. It’s unclear whether Mexico will allow the group to continue the remaining 1,000-plus miles to the U.S. border without interfering.

More:

https://www.sfchronicle.com/politics/article/Here-s-what-happens-when-migrant-caravan-13327887.php#photo-16376169

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Actually, contrary to the false narrative put out by Trump, Sessions, Nielsen, and others, our legal system is set up to handle this situation:

  • USCIS could move additional Asylum Officers to ports of entry along the Southern border, particularly given the substantial advance notice;
  • Arriving migrants could be promptly and fairly screened for “credible fear;”
  • Those who pass could be matched with available pro bono lawyers and released to those locations where their lawyers and community support are located, thus insuring a high rate or appearance for asylum hearings in Immigration Court;
  • Those who fail credible fear could be returned to their home countries in a humane manner, perhaps working with the UNHCR;
  • If the Administration wants these cases to be “prioritized” in a backlogged Immigration Court system, they could remove an equal number of “low priority” older cases from the docket, thus preventing growth in the backlog and largely avoiding “Aimless Docket Reshuffling;”
  • The Refugee Act of 1980 could be used to establish a robust program for screening and resettlement of refugees directly from the Northern Triangle, thus both reducing the incentive to make the land journey to apply for asylum and setting a leadership example for other countries in the hemisphere to take additional refugees from the Northern Triangle;
  • We could work cooperatively with the UNHCR and other countries to establish shared resettlement programs for those who flee the Northern Triangle and can’t return;
  • We could invest more foreign aid in infrastructure, and job creation programs in the Northern Triangle which would deal with the causes of the continuing outward migration.

We do know from experience and observation what won’t work:  incarceration,  prosecutions, threats, family separation, child abuse, misconstruing asylum law against applicants, tirades directed against sending and transit countries, saying “we don’t want you,” etc.

PWS

10-22-18

ADAM SERWER IN THE ATLANTIC: The Trump/Sessions/Miller White Nationalist Policies: It’s All About Cruelty & Hate!

https://www.theatlantic.com/ideas/archive/2018/10/the-cruelty-is-the-point/572104/

Adam Serwer writes  in The Atlantic:

The Museum of African-American History and Culture is in part a catalog of cruelty. Amid all the stories of perseverance, tragedy, and unlikely triumph are the artifacts of inhumanity and barbarism: the child-size slave shackles, the bright red robes of the wizards of the Ku Klux Klan, the recordings of civil-rights protesters being brutalized by police.

The artifacts that persist in my memory, the way a bright flash does when you close your eyes, are the photographs of lynchings. But it’s not the burned, mutilated bodies that stick with me. It’s the faces of the white men in the crowd. There’s the photo of the lynching of Thomas Shipp and Abram Smith in Indiana in 1930, in which a white man can be seen grinning at the camera as he tenderly holds the hand of his wife or girlfriend. There’s the undated photo from Duluth, Minnesota, in which grinning white men stand next to the mutilated, half-naked bodies of two men lashed to a post in the street—one of the white men is straining to get into the picture, his smile cutting from ear to ear. There’s the photo of a crowd of white men huddled behind the smoldering corpse of a man burned to death; one of them is wearing a smart suit, a fedora hat, and a bright smile.

The Trump era is such a whirlwind of cruelty that it can be hard to keep track. This week alone, the news broke that the Trump administration was seeking to ethnically cleanse more than 193,000 American children of immigrants whose temporary protected status had been revoked by the administration, that the Department of Homeland Security had lied about creating a database of children that would make it possible to unite them with the families the Trump administration had arbitrarily destroyed, that the White House was considering a blanket ban on visas for Chinese students, and that it would deny visas to the same-sex partners of foreign officials. At a rally in Mississippi, a crowd of Trump supporters cheered as the president mocked Christine Blasey Ford, the psychology professor who has said that Brett Kavanaugh, whom Trump has nominated to a lifetime appointment on the Supreme Court, attempted to rape her when she was a teenager. “Lock her up!” they shouted.Ford testified to the Senate, utilizing her professional expertise to describe the encounter, that one of the parts of the incident she remembered most was Kavanaugh and his friend Mark Judge laughing at her as Kavanaugh fumbled at her clothing. “Indelible in the hippocampus is the laughter,” Ford said, referring to the part of the brain that processes emotion and memory, “the uproarious laughter between the two, and their having fun at my expense.” And then at Tuesday’s rally, the president made his supporters laugh at her.

Even those who believe that Ford fabricated her account, or was mistaken in its details, can see that the president’s mocking of her testimony renders all sexual-assault survivors collateral damage. Anyone afraid of coming forward, afraid that she would not be believed, can now look to the president to see her fears realized. Once malice is embraced as a virtue, it is impossible to contain.

The cruelty of the Trump administration’s policies, and the ritual rhetorical flaying of his targets before his supporters, are intimately connected. As Lili Loofbourow wrote of the Kavanaugh incident in Slate, adolescent male cruelty toward women is a bonding mechanism, a vehicle for intimacy through contempt. The white men in the lynching photos are smiling not merely because of what they have done, but because they have done it together.

We can hear the spectacle of cruel laughter throughout the Trump era. There were the border-patrol agents cracking up at the crying immigrant childrenseparated from their families, and the Trump adviser who delighted white supremacists when he mocked a child with Down syndrome who was separated from her mother. There were the police who laughed uproariously when the president encouraged them to abuse suspects, and the Fox News hosts mocking a survivor of the Pulse Nightclub massacre (and in the process inundating him with threats), the survivors of sexual assault protesting to Senator Jeff Flake, the women who said the president had sexually assaulted them, and the teen survivors of the Parkland school shooting. There was the president mocking Puerto Rican accents shortly after thousands were killed and tens of thousands displaced by Hurricane Maria, the black athletes protesting unjustified killings by the police, the women of the #MeToomovement who have come forward with stories of sexual abuse, and the disabled reporter whose crime was reporting on Trump truthfully. It is not just that the perpetrators of this cruelty enjoy it; it is that they enjoy it with one another. Their shared laughter at the suffering of others is an adhesive that binds them to one another, and to Trump.

Taking joy in that suffering is more human than most would like to admit. Somewhere on the wide spectrum between adolescent teasing and the smiling white men in the lynching photographs are the Trump supporters whose community is built by rejoicing in the anguish of those they see as unlike them, who have found in their shared cruelty an answer to the loneliness and atomization of modern life.

The laughter undergirds the daily spectacle of insincerity, as the president and his aides pledge fealty to bedrock democratic principles they have no intention of respecting. The president who demanded the execution of five black and Latino teenagers for a crime they didn’t commit decrying “false accusations,” when his Supreme Court nominee stands accused; his supporters who fancy themselves champions of free speech meet references to Hillary Clinton or a woman whose only crime was coming forward to offer her own story of abuse with screams of “Lock her up!” The political movement that elected a president who wanted to ban immigration by adherents of an entire religion, who encourages police to brutalize suspects, and who has destroyed thousands of immigrant families for violations of the law less serious than those of which he and his coterie stand accused, now laments the state of due process.

This isn’t incoherent. It reflects a clear principle: Only the president and his allies, his supporters, and their anointed are entitled to the rights and protections of the law, and if necessary, immunity from it. The rest of us are entitled only to cruelty, by their whim. This is how the powerful have ever kept the powerless divided and in their place, and enriched themselves in the process.

A blockbuster New York Times investigation on Tuesday reported that President Trump’s wealth was largely inherited through fraudulent schemes, that he became a millionaire while still a child, and that his fortune persists in spite of his fumbling entrepreneurship, not because of it. The stories are not unconnected. The president and his advisers have sought to enrich themselves at taxpayer expense; they have attempted to corrupt federal law-enforcement agencies to protect themselves and their cohorts, and they have exploited the nation’s darkest impulses in the pursuit of profit. But their ability to get away with this fraud is tied to cruelty.

Trump’s only true skill is the con; his only fundamental belief is that the United States is the birthright of straight, white, Christian men, and his only real, authentic pleasure is in cruelty. It is that cruelty, and the delight it brings them, that binds his most ardent supporters to him, in shared scorn for those they hate and fear: immigrants, black voters, feminists, and treasonous white men who empathize with any of those who would steal their birthright. The president’s ability to execute that cruelty through word and deed makes them euphoric. It makes them feel good, it makes them feel proud, it makes them feel happy, it makes them feel united. And as long as he makes them feel that way, they will let him get away with anything, no matter what it costs them.

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I could see it in the mindless clapping, revolting laughter, and sickening glee in the eyes of the ugly, overwhelmingly White crowd (many of them women, although a few of the women didn’t seem amused) behind Trump as he denigrated and mocked Christine Blasey Ford this week.

Also in the angry, distorted snarl of Sen. Lindsey Graham as he absurdly called the Kavanaugh hearings “the most unethical” performance (LG, my man, where were you when Mitch, you, and your colleagues totally stiffed a much better qualified Obama appointment, , without even giving him the courtesy of a hearing?).

Also in the incredibly arrogant, partisan, rude, condescending, and openly misogynistic way that Kavanaugh treated Senator Amy Klobuchar’s totally reasonable inquiry. Would Senator Susan Collins still have voted for “BKavs” if he had treated her that way? I doubt it! But, I guess her women colleagues don’t matter. And, it appears that “Chairman Chuckie” Grassley doesn’t really need or want any GOP women on his “Old Boys Club” (a/k/a Senate Judiciary Committee.) Only Democrat women can hack the stress and workload of serving on a daily basis with the GOP misogynists.

What do you call a party whose “base” glories in the pain and suffering of others?  The 21st Century GOP!

It’s an existential threat to the future of our country! If decent folks don’t start using the ballot box to remove the GOP from power at every level, it might be too late for the majority of us to take our country back from the misguided minority who have taken power! Get out the vote in November!

PWS

10-07-18

 

 

THE HILL: MOCKING OUR HISTORY: Trump’s Racist White Nationalist Refugee & Asylum Policies Run Counter To Everything America Stands For!

https://thehill.com/opinion/immigration/409132-bucking-history-trumps-asylum-policy-does-not-represent-america

Bucking history: Trump’s asylum policy does not represent America

Bucking history: Trump’s asylum policy does not represent America

Do we know who we are as a nation?

Nursing infants separated from their mothers. Children warehoused in cages, then moved to tent cities without parents. Thousands of youngsters unaccounted for after separation at the border. Officials fumble and point fingers trying to lay the blame elsewhere. America’s human and humane dimensions seem lost. Is this who we are as a nation?

Even before American independence, settlers in the New World frequently saw themselves as morally superior: residents of the “city on the hill” serving as a beacon to others. While this beacon sometimes dimmed, we usually regained our moral compass with the passage of time — and a period of historical reflection.

Refugees and asylum seekers proliferate in the world as we close our doors to them. What has been our historical record?

The persecution of Jews in Germany was well known before Europe exploded in war in 1939, even though the death camps had not been established. Just before combat began, thousands of Jewish parents were able to send their children to safety in Great Britain and Canada. The Czech Kindertransport alone saved 669 children. These acts of hospitality by other countries are now almost universally praised — in contrast to the nearly insurmountable barriers erected then by the U.S.

After World War II, America did resettle some hundreds of thousands of refugees collected in Europe’s Displaced Persons camps. We did so while trying to avert our eyes from refugee surges in Asia. After the 1956 Hungarian Uprising and the 1968 Czech revolt, we helped resettle many of those who fled their native land via West Germany.

Closer to home, as Castro’s grip on Cuba tightened, thousands of Cuban youngsters came to the U.S on the “Peter Pan” flights (1960–1962). They came without their parents, and with no assurance of being reunited with them. Our country was (and remains today) at odds with Cuba politically, yet we welcomed these children and integrated them into our society.

In the two decades following the Vietnam War we resettled over a million refugees from Vietnam, Laos and Cambodia. I know because I was in charge of elements of those programs, intermittently from 1975 to 1989.

The Vietnam programs had a separate category for unaccompanied minors. We worked closely with refugee camp administrators in countries of first asylum to afford these vulnerable children special protection in the refugee camps, and the potential for rapid resettlement in the U.S. and elsewhere. Yes, we were aware of, and dealt with, attempts at misrepresentation. And yes, we suspected that some refugee parents may have callously risked a child’s life to provide an “anchor” for the parent’s future migration. But the child was there.

When I was with the refugee programs in Malaysia and Thailand, my duties included urging the host countries to treat all asylum seekers humanely. In that we proudly led by example. U.S. policy then was dictated by the greater good of protecting minors who were at risk through no fault of their own. Now, decades later, many of those refugees who entered our country in poverty have become personally successful, greatly contributing to our country. They include doctors, teachers, senior military officers, scholars and job-creating entrepreneurs.

Today, on our southwest border, we are confronted by a similar challenge. Today our response is much different, and contrary to our basic values. Rather than offering asylum seekers a cloak of protection, our government seems to purposely make their lives as harsh as possible (and at great expense). Is separating families, caging children, and pressuring people to request removal who we are? Now the pretext of investigating the suitability of placing a minor in a relative’s home in the U.S. has become a vehicle for finding more deportees!

This is, alas, done to the cheers of a minority of people in America. Does it make our nation “great”?

Who are we as a nation anyway? Do we know?

Bruce A. Beardsley is a retired U.S. diplomat. During his 31 years in the Foreign Service, he oversaw what were then the U.S.’s largest refugee (in Thailand) and visa (in Mexico and the Philippines) operations.

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Do you want to leave an inspirational legacy to future generations of Americans? Then, rise up and vote the Kakistocracy, put in place by a minority of voters, out of office!

PWS

09-30-18

TRUMP’S OUTLANDISHLY BOGUS CLAIMS LITERALLY MAKE AMERICA A LAUGHINGSTOCK BEFORE THE WORLD’S LEADERS – The “Descended From Immigrants” “Leader” Of Our “Nation Of Immigrants” Tells Immigrants To Stay Away – No Longer The “Beacon Of Hope & Freedom!”

https://www.huffingtonpost.com/entry/trump-to-migrants-stay-home-united-nations_us_5baa5317e4b07dc0b87e3987

Sebastian Murdock reports @ HuffPost:

Trump To Migrants: Stay Home

“Make their countries great again,” Trump said during a United Nations address of those seeking safety in the U.S.
President Donald Trump delivered a speech to the United Nations General Assembly on Tuesday in which he touted nationalism, got laughed at by world leaders, and told migrants to stop coming to the United States.

Trump began his address to world leaders by boasting of his supposed accomplishments.

“In less than two years, my administration has accomplished more than almost any administration in the history of our country … So true,” Trump said. Laughter could be heard from those in attendance.

“Didn’t expect that reaction, but that’s OK,” Trump said.

Later in the speech, the president launched into his anti-immigration views, saying illegal immigration “has produced a vicious cycle of crime, violence and poverty.” He added that the United States will not participate in the U.N.’s new global compact on migration, which the world body said would “develop a global compact for safe, orderly and regular migration.”

“Migration should not be governed by an international body unaccountable to our own citizens,” Trump said. “Ultimately, the only long-term solution to the migration crisis is to help people build more hopeful futures in their home counties. Make their countries great again.”

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Compare Trump’s dishonest, selfish, and downright cowardly views on immigration with those of President Ronald Reagan as quoted by Philip Klein in an article in the Washington Examiner:

Saying that the setting was fitting, Reagan spoke of the families that came through Ellis Island right by the Statue of Liberty. “These families came here to work,” he said. “They came to build. Others came to America in different ways, from other lands, under different, and often harrowing conditions, but this place symbolizes what they all managed to build, no matter where they came from or how they came or how much they suffered.”

He went on to say that, “They helped to build that magnificent city across the river. They spread across the land building other cities and towns and incredibly productive farms. They came to make America work. They didn’t ask what this country could do for them but what they could do to make this refuge the greatest home of freedom in history. They brought with them courage, ambition and the values of family, neighborhood, work, peace, and freedom. They came from different lands but they shared the same values, the same dream.”

https://www.washingtonexaminer.com/heres-how-ronald-reagan-spoke-of-immigrants-when-he-said-he-wanted-to-make-america-great-again

Selfish nationalism, ignoring international institutions, racism, and “I can do what I want because I’m bigger and have more guns” attitudes are what caused World War I and  World War II. Yet, here is America’s so-called “leader” diminishing us in the world’s eyes and spouting exactly the same type of ignorant, discredited garbage that led to two disastrous World Wars.

No wonder we are losing respect and becoming a laughingstock among nations.

No we’re not “MAGA;’ we’re “MARA” — and we are appearing ridiculous and cowardly to boot. What kind of country elects an “Evil Clown” like Trump to represent them on the world stage.

Get out the vote in November. Decent Americans need to take our country back from Trump and his non-majority “base” before it’s too late — for us and for the world! America is better than this!

PWS

09-25-18

 

HERE’S WHAT A RACIST, WHITE NATIONALIST IMMIGRATION POLICY LOOKS LIKE, AS TRUMP ATTACKS LEGAL IMMIGRATION! — “[C]ultivating xenophobia, as President Trump has done from the beginning of his campaign, and then trading on that fear to drum up votes, does not create much of a foundation for rational dialogue.”

As usual, CNN’s Tal Kopan and her colleague Tami Luhby give us one of the best summaries of what’s happening:

\

How Trump’s new definition of ‘public charge’ will affect immigrants

By Tami Luhby and Tal Kopan, CNN

The Trump administration is seeking to give itself broad latitude to reject immigrants from the US if they have too little income and education, which could effectively impose a merit-based immigration system without an act of Congress.

The change is put forth in a proposed regulation, which would dramatically reshape how the government defines an immigrant likely to be dependent on the government.

President Donald Trump has long touted what he calls a merit-based system of immigration, backing a legislative proposal that would have heavily favored English-speaking, highly educated and high-earning immigrants over lower-skilled and lower-income applicants.

Quietly announced Saturday night, the proposed regulation could give the administration the authority to reshape the population of US immigrants in that direction without legislation.

The rule would mean many green card and visa applicants could be turned down if they have low incomes or little education because they’d be deemed more likely to need government assistance — such as Medicaid or food stamps — in the future.

The proposal applies to those looking to come to the US and those already here looking to extend their stay. And even if immigrants decide not to use public benefits they may be eligible for, the government could, under the proposed rule, still decide they are likely to do so “at any time in the future” and thus reject them from the US.

The administration says the proposed revamp of the so-called public charge rule is designed to ensure immigrants can support themselves financially.

“This proposed rule will implement a law passed by Congress intended to promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers,” Department of Homeland Security Secretary Kirstjen Nielsen said Saturday.

But immigration advocates say it goes far beyond what Congress intended and will discriminate against those from poorer countries, keep families apart and prompt legal residents to forgo needed public aid, which could also impact their US citizen children.

They also say it will penalize even hard-working immigrants who only need a small bit of temporary assistance from the government.

“(The proposed rule) would radically reshape our legal immigration system, putting the wealthy at the front of the line, ahead of hardworking families who have waited years to reunite,” a coalition of more than 1,100 community advocacy groups wrote in a statement this week. “No longer would the US be a beacon for the world’s dreamers and strivers. Instead, America’s doors would be open only to the highest bidder.”

More: http://www.cnn.com/2018/09/25/politics/immigration-public-benefits/index.html

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Meanwhile, editorials in the NY Times and the LA Times blasted the Administration’s latest anti-immigrant actions:

The NY Times says:

https://www.nytimes.com/2018/09/24/opinion/editorials/immigrants-welfare-benefits-trump-administration.html?em_pos=small&emc=edit_ty_20180925&nl=opinion-today&nl_art=2&nlid=79213886emc%3Dedit_ty_20180925&ref=headline&te=1

An Unhealthy Plan to Drive Out Immigrants

Denying green cards or visas to those on Medicaid or food stamps will only cost the United States more later.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

The Department of Homeland Security, headed by Kirstjen Nielsen, has proposed a new rule that would deny green cards or visas to immigrants here legally who have used public assistance.Andrew Harrer/Bloomberg

The Trump administration has taken another step in its program to use fear and cruelty to drive out legal, as well as illegal, immigrants.

On Saturday, the Department of Homeland Security proposed a rule that would enable it to deny green cards and visas to immigrants here legally who have used public health and nutrition assistance, including Medicaid and food stamps.

The United States already denies green cards and visas to applicants likely to become “public charges.” But that designation has generally referred only to a narrow set of people who need cash assistance or long-term institutionalization.

The new rules would also offer some exemptions — participation in the Women, Infants and Children nutrition program and the Children’s Health Insurance Program would be excluded, for example, as would refugees and asylum seekers and minors with Special Immigrant Juvenile status, meaning they had been abused or neglected.

But it’s not clear that those exemptions would provide sufficient protection. The Kaiser Family Foundation has indicated that fear of being denied residency would most likely cause immigrants to withdraw from both the targeted and the exempted programs. As Politico has reported, even when the current proposal was just a rumor, immigrants began withdrawing from these programs in droves. What’s more, not everyone who should be able to seek asylum or obtain special juvenile status is able to do so.

The Department of Human Services estimates that as many as 382,000 people would be affected by the new rule each year. There is no estimate yet on how many of them would be deemed to be public charges, but that number is likely to be far higher than under the current rules.

Which, of course, is the point. In an announcement on Saturday, Homeland Security Secretary Kirstjen Nielsen said that she expected the rule to “promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.”

That rationale is both callous and foolish: Scaring vulnerable populations off public assistance is likely to cost much more in the long run, in part because neglecting preventive health care and basic medical problems makes patients only more expensive to treat down the road. What’s more, Kaiser estimates that more than eight million children who are citizens but have at least one noncitizen parent will be caught in the cross hairs.

The Trump administration, however, is betting that a very public effort to crack down on immigrants, whether they’re here legally or not, will motivate its political base in time for the midterm elections. It’s just one more part of a package that has so far included an effort to detain indefinitely minors who have crossed the border and another to cap the number of refugees at its lowest level ever. It’s the border wall, without the wall.

There’s a real debate to be had over the criteria to decide who can stay in this country and who must go. What is the right way to manage family migration? Or evaluate asylum claims? Or weigh American labor needs against the skills of prospective visa holders? But cultivating xenophobia, as President Trump has done from the beginning of his campaign, and then trading on that fear to drum up votes, does not create much of a foundation for rational dialogue.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTOpinion).

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Here’s what the LA Times had to say:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=b270b5ea-1b78-4f77-86a2-3aa238bcde0b

The ‘public charge’ pretext
In an effort to make it more difficult for legal immigrants to live and work in the United States, the Trump administration proposed new rules over the weekend giving officials the right to withhold green cards from applicants who take advantage of a wide range of government programs to which they are legally entitled, including food and housing aid.
And for prospective immigrants who apply for visas from overseas, government officials would have broad power to reject people whom they believe might someday in the future tap government programs for financial support. That change, experts say, will reduce the overall flow of immigration and skew it toward people seeking to emigrate from more advanced countries.
These are unnecessarily strict and hard-hearted rules aimed at solving a problem that social scientists say doesn’t exist.
The government has for decades rejected visa requests and green card applications from people who are likely to become “public charges,” defined since 1999 as “ primarily dependent on the government for subsistence.” That has usually been interpreted, reasonably, to mean people who rely on cash support or people who would require institutional care. Furthermore, the Clinton-era welfare reforms already put major aid programs out of reach for most legal immigrants until they’ve been here for five years; undocumented immigrants are barred from nearly all public support.
Now, however, the administration wants to consider a legal immigrant a “public charge” if he or she receives government benefits exceeding $1,821 (15% of the federal poverty guidelines) over 12 months. The net effect, advocates for immigrants argue, will be a self-purging of people living and working here legally from the rolls of Medicaid, food subsidies and housing support, among other programs.
The government estimates that the new regulations would negatively affect 382,000 people, but advocates say that is likely an undercount. And the rules would keep people from coming to the country who economists say are vital for the nation’s economic growth . President Trump’s xenophobic view of the world stands in sharp contradiction not only to American values, but to its history. We are a country of immigrants or their descendants, and as a maturing society we will rely more and more on immigration for growth. Research shows that even those who start out in low-wage jobs, and thus are likely to get some financial help from the government, often learn skills that move them into higher income brackets and help the overall economy .
These proposed regulations would force immigrants in low-paying jobs to reject help to which they are legally entitled — and which could speed them along the path to financial security — or to jeopardize their ability to remain here. That’s a cruel Solomon’s choice.

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The “Trump GOP” has clearly abandoned the pretense that they are only against illegal immigration. By attacking refugees and other legal immigrants they are making it clear that immigrants no longer are welcome in our “Nation of Immigrants.” Sounds pretty stupid, not to mention unrealistic. But, that’s the essence of “Trumpism.”

PWS

09-25-18

DUE PROCESS MOCKED, COURT SYSTEM IN CHAOS! — NAIJ President A. Ashley Tabaddor Speaks Out Against Sessions’s Bias & Politicization Of U.S. Immigration Courts!

https://www.voanews.com/a/immigration-judges-say-new-quotas-undermine-independence/4582640.html

From VOA News:

Immigration Judges Say New Quotas Undermine Independence

The nation’s immigration court judges are anxious and stressed by a quota system implemented by Attorney General Jeff Sessions that pushes them to close 700 cases per year as a way to get rid of an immense backlog, the head of the judges’ union said Friday.

It means judges would have an average of about 2½ hours to complete cases — an impossible ask for complicated asylum matters that can include hundreds of pages of documents and hours of testimony, Judge Ashley Tabaddor said.

“This is an unprecedented act, which compromises the integrity of the court and undermines the decisional independence of immigration judges,” she said in a speech at the National Press Club, in her capacity as head of the union. Tabaddor said the backlog of 750,000 cases was created in part by government bureaucracy and a neglected immigration court system.

“Now, the same backlog is being used as a political tool to advance the current law enforcement policies,” she said.

Signature issue

Curbing immigration is a signature issue for the Trump administration, and the jobs of the nation’s more than 300 immigration judges are in the spotlight.

They decide whether someone has a legal basis to remain in the country while the government tries to deport them, including those seeking asylum. Tabaddor presides in Los Angeles, where she oversees 2,000 cases, including many involving juveniles.

The judges are employees of the Justice Department’s Executive Office for Immigration Review, which is overseen by the attorney general — unlike the criminal and civil justice systems where judges operate independently.

Immigration court judges have repeatedly asked for independence, and Tabaddor brought it up again Friday, calling the current structure a serious design flaw.

A Justice Department spokesman said the union has repeatedly tried to block common-sense reforms that would make the judges’ jobs better, and that the proper home for the courts is where they are right now, under DOJ.

FILE - The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)
FILE – The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)

Earlier this year, the Justice Department sent a memo to immigration judges telling them they would need to clear at least 700 cases a year in order to receive a “satisfactory” rating on their performance evaluations. Sessions has pushed for faster rulings and issued a directive that prevents judges from administratively closing cases in an effort to decrease the backlog by 50 percent by 2020.

This month, he appointed 44 new judges, the largest class of immigration judges in U.S. history, and has pledged to hire more. He said in a speech to the judges that he wouldn’t apologize for asking them to perform “at a high level, efficiently and effectively.”

Tabaddor wouldn’t say whether the quotas were also putting pressure on judges to deport more people — not just decide cases faster.

“There’s certainly no question they’re under pressure to complete more cases faster,” she said. “I think I would just say listen to the attorney general’s remarks and you can decide what messaging is going to be sent.”

Asylum qualifications

Earlier this summer, Sessions tightened the restrictions on the types of cases that can qualify someone for asylum, making it harder for Central Americans who say they’re fleeing the threat of gangs, drug smugglers or domestic violence to pass even the first hurdle for securing U.S. protection.

Immigration lawyers say that’s meant more asylum seekers failing interviews with U.S. Citizenship and Immigration Services to establish credible fear of harm in their home countries. They also say that immigration judges are overwhelmingly signing off on those recommendations during appeals, effectively ending what could have been a yearslong asylum process almost before it’s begun.

President Donald Trump hasn’t been behind the move to bolster the roster of judges. “We shouldn’t be hiring judges by the thousands, as our ridiculous immigration laws demand, we should be changing our laws, building the Wall, hire Border Agents and Ice,” he said in a tweet in June, referring to Immigration and Customs Enforcement.

Watch the C-Span replay here:

https://archive.org/details/CSPAN2_20180921_170200_Federal_Immigration_Judge_Discusses_Court_System

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We need an Article I independent US Immigration Court now!

Congress seems to be tied up in knots. Will the Article IIIs step up and begin enforcing the Due Process clause of the Constitution?

The solutions — remand every case for a new hearing  in which: 1) Jeff Sessions shall not be involved, and 2) all precedents issued by Jeff Sessions are considered null and void. Jeff Sessions shall, however, be allowed to appear and make arguments as the attorney for DHS.

The Immigration Court System is collapsing. The lives of hundreds of thousands are at risk. We need less talk and more action to enforce Due Process!

Some historical perspective: EOIR once illegally tried to bar Judge Tabaddor from hearing Iranian cases because she attended a reception with other prominent Iranian Americans!  Compare that the with the overt, unethical anti-immigrant bias that Jeff Sessions spews out on a regular basis. His bias affects justice for every respondent appearing in Immigration Court.

Is 21st Century America going to permit “political show trials” every day in Immigration Court?

PWS

09-24-18

HOW THE TRUMP ADMINISTRATION PUTS MIGRANTS IN HARM’S WAY!

https://www.nytimes.com/2018/09/18/opinion/trump-has-it-backward-many-migrants-are-victims-of-crime.html?action=click&module=Well&pgtype=Homepage&section=Contributors

By Stephanie Leutert in the NY Times:

In June, Josue, a 21-year-old Honduran, reached a safe house in the Mexican border city of Reynosa, Tamaulipas. He was there with 11 other Central American migrants. His family had spent the previous year scraping together the $3,800 necessary for this last part of his journey to the United States.

But the “safe” house was not so safe. Only miles from the border, his migration was interrupted as armed men burst into the house, kidnapping the migrants and demanding an additional $1,800 for their release. If their families couldn’t raise the money, the armed men warned, the migrants would be killed.

Every day, dramas and tragedies like this play out for the Honduran, Salvadoran and Guatemalan migrants traveling through Mexico. The Trump administration’s rhetoric has repeatedly linked migrants to gangs, violence and crime, and cast undocumented immigrants as a threat to public safety. But in fact, a majority of the Central Americans arriving at the United States-Mexico border are not perpetrators but rather victims of violence, both in their home countries and during their fraught transit through Mexico.

Over the past three decades, the risks and dangers on the journey from Central America to the United States border have increased — ramped-up United States and Mexican migratory enforcement has pushed migrants onto more invisible, risky paths, and impunity in Mexico for criminal perpetrators has kept them on the streets.

Yet however daunting the risks and challenging the policies, they have not significantly put a dent in the number of Central Americans traveling north. What has changed is that hundreds of thousands of migrants make the journey to the United States along more clandestine and treacherous routes.

For Central American migrants, there is no single transportation method or route to travel through Mexico to reach the United States. Travel experiences are influenced by a migrant’s nationality, gender, age and income. If a Central American migrant hires a smuggler for transiting through Mexico — and 60 percent report hiring these guides in surveys conducted by the Colegio de la Frontera Norte — then the routes will also be determined by the smugglers’ contacts and methods. But they all have at least one thing in common: Not one is safe, and each comes with a series of risks.

As soon as migrants near Mexico’s southern border with Guatemala, the dangers begin. To reach Mexico’s southernmost cities, migrants with a bit of money can take local buses or hire taxis. Those with empty wallets must walk. This may include hiking for days on the sides of highways, often at night to avoid detection and the strong tropical sun. Mexican officials have focused their enforcement attention less at the physical border and more at highway checkpoints set up around 30 or 100 miles into Mexican territory, where migration authorities attempt to identify individuals transiting through the country without the appropriate documents.

Migrants fleeing violence in Central America may travel distances equivalent to that between Chicago and Miami (about 1,400 miles) or Chicago and the West Coast (more than 2,000 miles). Many are subject to crime along the way. The map shows some of the most-traveled routes.

In these desolate areas in the south of Mexico, migrants may be set upon by criminals like corrupt authorities, opportunistic local groups and members of the gangs MS-13 or Barrio 18 — the very groups that migrants may be fleeing and who have a presence in this part of Mexico.

That was the case for Josue, who was robbed by local criminals as he hiked the 40-mile stretch of remote highway between a Guatemala border city, El Ceibo, and Tenosique, a southern Mexican city. The thieves slipped out of the nearby ranch land and stripped him of his possessions, even taking his sneakers and leaving him with one of the robbers’ decrepit, fungus-covered pair. According to prosecutors in the southernmost states of Chiapas and Tabasco, these robberies and assaults are fairly common. Women are also singled out for other forms of violence, with Doctors Without Borders reporting that one-third of female migrants suffer sexual abuse while in Mexico.

To advance north, the poorest Central Americans climb aboard Mexico’s train cars (nicknamed “La Bestia,” or the Beast) and ride exposed through rain, heat and frigid wind, and with the constant fear of slipping off the sides. They also travel on high alert for the gang members or train security guards who sometimes board the trains to extort or rob the riders. Given these extreme risks — along with Mexican officials’ 2014 crackdown on migrants riding the train through the Southern Border Plan (Programa Frontera Sur) — only 12 percent of Central American migrants in 2017 reported to Colegio de la Frontera Norte researchers that they had taken the trains at any point in their journey.

Migrants with a little more money use private cars, buses or trailers and move along Mexico’s major north-south highways; they pass through the Mexican migration checkpoints by passing as locals or paying off corrupt officials. Some avoid the checkpoints altogether and hike around them. Traveling in vehicles is generally safer for migrants, but there may still be hardships from the varying quality of food, abysmal sleeping arrangements or mistreatment from their guides or fellow migrants.

At the United States border, patrol agents and a range of radars, sensors and other technology seek to block the migrants’ irregular crossing into the United States. In response, some Central Americans may attempt to cross in the remote areas in the vast California or Arizona deserts or near the border city of Ciudad Juárez. Others ask for asylum at ports of entry. But most travel up Mexico’s Gulf Coast to reach Reynosa, Tamaulipas. This city shares a border with McAllen, Tex., within the southern Rio Grande Valley. In fiscal 2017, the United States Border Patrol reported that it apprehended two-thirds of all irregular Central American migrants (104,305 in total) in this 320-mile section of the border.

On the Mexico side of the border near Reynosa, drug trafficking organizations, particularly the Gulf Cartel and the splinter groups of the Zetas, control the territory and the smuggling routes and act as unofficial tax agents. These groups offer the Central American migrants’ final security challenge and engage in their signature crime, kidnapping. Their presence gives this area the nefarious distinction of having the highest number of migrant kidnappings. Since 2011, data from Mexico’s National Migration Institute has documented 1,034 kidnapping victims in Tamaulipas — 75 percent of all migrant kidnapping victims in the country. Women and minors each account for more than a quarter of the victims.

But official numbers barely scratch the surface of the crimes committed against migrants in Mexico. Central Americans rarely report the crimes to Mexican authorities because of a lack of trust, fear of repercussions or limited knowledge of the country’s justice system. Josue is a good example. He was able to escape his captors after the Federal Police intercepted a car that was taking him to a second safe house, but he decided not to report the kidnapping given concerns over his safety.

When migrants do report these crimes, few are ever investigated or prosecuted. In July 2017, the Washington Office on Latin America reportedthat only 1 percent of crimes against migrants in Mexico ever reach a conviction.

What could push people to knowingly face these conditions or, worse, to bring their children along? For Central Americans, there is a deep chasm between migrants’ desires for safety, work and family reunification and their ability to fulfill these dreams within their own countries or legally in the United States.

In Reynosa, Josue was gearing up to try to make the hike from the border to Houston. Along with hundreds of thousands of other Central American migrants taking these same routes and escaping violence at home or in transit, he was confident that the journey would be worth it. The hope of a better and safer life in the United States was stronger than the fear of any dangers along the way.

Stephanie Leutert is the director of the Mexico Security Initiative at the Robert S. Strauss Center for International Security and Law at the University of Texas at Austin.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion).

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As I always say, “we can diminish ourselves as a nation, but that won’t stop human migration.”

And, that’s doubly true when you have a disingenuous Administration that intentionally misrepresents the causes of human migration. Of course, “doubling down” on “doomed to fail” policies is going to fail and produce more chaos without materially diminishing “extralegal migration.” And, slashing refugee programs and other avenues of legal immigration are sure to compound the problem.

But, then the Trumpsters try to shift the blame for their predictable failures to the victims — if walls, cruelty, detention, family separation, denials of Due Process, and hate speech won’t stop them, let’s have more walls, crueller and more inhumane detention, more family separation, less Due Process, and spew forth more hateful xenophobic rhetoric. It’s destroying our country and our reputation; but it isn’t having any real long-term effect on migration. Almost anybody outside the Administration and their White Nationalist cheerleaders could have told them that.

PWS

09-18-18

 

GONZO’S WORLD: A WALL UNTO HIMSELF – SESSIONS’S RACIST-INSPIRED WHITE NATIONALIST RE-WRITING OF ASYLUM LAW IS AN ABOMINATION THAT ENDANGERS THE VERY INDIVIDUALS THE LAW WAS DESIGNED TO PROTECT – The GOP Congress Has Shown No Interest In Restoring Order — Will The Article IIIs Step In To Stop Him Before It’s Too Late For Our Country! — “The Trump administration has systematically dismantled the right to seek asylum and turned the process at our southern border into a dystopian gauntlet that few can survive.”

https://thehill.com/opinion/immigration/406734-trump-doesnt-need-a-wall-he-has-jeff-sessions

Professor Lauren Gilbert writes in The Hill:

The Trump administration has systematically dismantled the right to seek asylum and turned the process at our southern border into a dystopian gauntlet that few can survive.

This became crystal-clear on Monday when Attorney General Jeff Sessions addressed a new class of 44 immigration judges. He stated that their job was to “keep our federal laws functioning effectively, fairly and efficiently” and that they were critical to the Department of Justice “carr[ying] out its responsibilities under the INA.” Sessions described the actions of immigration lawyers as “water seeping through an earthen dam to get around the plain words of the INA.”

This is ironic, because Sessions’s “zero tolerance” policy and his rewriting of asylum law are at odds with protections afforded asylum seekers under the Immigration and Nationality Act (INA).

I have witnessed personally this administration’s disregard for the rights and human dignity of asylum seekers. Earlier this summer, I took a team of law students and trauma specialists to the Karnes family detention center in Texas, where we worked alongside RAICES, the immigration nonprofit on the front lines in representing asylum seekers in family detention. We arrived on July 28, two days after the court deadline for reunification of separated families, and got a call from RAICES stating that they urgently needed us the next day to meet with dozens of fathers and sons who had just been reunited. Just before we arrived, the women and children previously detained at Karnes were bussed to the Dilley Detention Center in Texas to make room for fathers and sons.

ICE planned to “comply” with the court order, reunify families, and then swiftly deport them.  The judge had issued a stay of removal, but RAICES feared that he was about to lift it. So we spent that first Sunday meeting with over 200 fathers and sons, ages 5-17, to sort out where they were in the process and to advise them of their rights.

Over the next days, we took their statements, and a picture of what they had suffered emerged. Many described their separation — usually within hours, often without a chance to say goodbye. Parents who had crossed without authorization were prosecuted for illegal entry. Most pled guilty on advice of their public defenders. After completing brief sentences, parents were transferred to detention centers where ICE gave them a “choice”: accept deportation and we’ll let you see your kid, or fight your case and you will remain separated.

Many of the fathers we saw had agreed to deportation. Others asked for asylum and had credible fear interviews. Parents described, in heart-wrenching detail, these interviews, many by phone without either asylum officer or interpreter physically present. They spoke of being unable to think straight, not understanding the officer’s questions, their hearts and heads pounding, losing their train of thought when the interpreter interrupted to make them slow down, not being able to tell their stories because their hearts were breaking. Under such circumstances, most were denied.

Jeff Sessions has moved quickly to impose his anti-immigrant agenda, well-aware that his time may be limited. The INA grants the attorney general broad powers. Although used sparingly in the past, regulations permit him to overturn a decision of the Board of Immigration Appeals (“BIA”) by certifying it to himself.

This year alone Sessions has overturned four such decisions.  In June, in Matter of A-B-, he vacated a 2014 precedent decision recognizing that domestic violence may be a basis for asylum and signaled that most gang-based asylum claims would similarly fail. This Monday, he claimed that his decision “restores the way the law initially was enforced for decades” and that it was the immigration judges’ duty to carry it out. In fact, he is turning the clock back over 20 years, disregarding important advances in asylum protection.

Yet despite Jeff Sessions’s claims that he is restoring “the original intent and purpose of the INA,” many of these policies are at odds with its plain language. INA § 208(a)(1) states that “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival . . . ), … may apply for asylum.” This means that asylum seekers have a right to request asylum at the border or in the United States, regardless of how or where they enter.

Sessions claims that the American people believe “that persons who want to come here should file their claims and wait their turn.” Asylum seekers, however, can only apply for asylum at the border or within the United States. There is no asylum visa. They cannot “wait their turn” and apply in their home countries. The U.N. Refugee Convention prohibits contracting states from imposing “penalties, on account of their illegal entry or presence, on refugees” who present themselves without delay to the authorities. It is the Justice Department’s “zero tolerance” policy that violates the plain language of the INA.

The 1980 Refugee Act codified our international obligations and created procedures for seeking asylum. In 1996, amendments to the INA created expedited removal for migrants without proper documents, but provided an escape valve for asylum-seekers, who got a credible fear interview before an asylum officer and, if they failed their CFIs, a brief review before an immigration judge. Congress intended this to be a low threshold to screen out baseless claims. Those who pass are placed into regular proceedings.

The Trump administration, however, is rewriting U.S. asylum law and revamping the credible fear process to prevent most Central Americans from escaping expedited removal. Sessions claims that credible fear reviews have “skyrocketed’ and that many asylum seekers are taking advantage of the process by “saying a few simple words – claiming a fear of return.” These screenings, however, are part of U.S. law. Faithfully executing the laws means following all U.S. law, not just those provisions that further the administration’s restrictionist agenda.

Lauren Gilbert, Esq., is professor of law at St. Thomas University School of Law, where she teaches immigration law, family law and constitutional law. 

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Depressingly accurate account of how Jeff Sessions is being allowed to destroy the American Justice system. Yes, “Faithfully executing the laws means following all U.S. law, not just those provisions that further the administration’s restrictionist agenda.” So is insuring that U.S. Immigration Courts are fair and impartial and perform their sole function of “guaranteeing fairness and Due Process for all.” That means regardless of whether the results please the President, his “base,” or anyone else in the Administration. That’s what Due Process is all about.

But, the system can’t be saved until Sessions and the DOJ are removed from control and Congress creates an independent U.S. Immigration Court. Until then, the “dystopian gauntlet” created by Sessions will continue to threaten to bring down our entire U.S. Justice system and betray our national values.

We need regime change!

PWS

09-17-18

 

GONZO’S WORLD: RECENT ARTICLES SHOW HOW SESSIONS’S SHOCKINGLY INAPPROPRIATE REMARKS TO NEW IMMIGRATION JUDGES VIOLATED EOIR CODE OF JUDICIAL ETHICS, SHOWED DISRESPECT FOR THE LAW, AND VIOLATED THE FUNDAMENTAL RULES OF GOOD IMMIGRATION JUDGING BY DIRECTING JUDGES NOT TO BE SYMPATHETIC TO REFUGEES! – TURNING REFUGEE LAW AND HISTORY ON ITS HEAD!

https://www.buzzfeednews.com/article/hamedaleaziz/sessions-new-immigration-judges-sympathy

Hamed Aleaziz reports for BuzzFeed News:

Attorney General Jeff Sessions on Monday warned incoming immigration judges that lawyers representing immigrants are trying to get around the law like “water seeping through an earthen dam” and that their responsibility is to not let them and instead deliver a “secure” border and a “lawful system” that “actually works.”

He also cautioned the judges against allowing sympathy for the people appearing before them, which might cause them to make decisions contrary to what the law requires.

“When we depart from the law and create nebulous legal standards out of a sense of sympathy for the personal circumstances of a respondent in our immigration courts, we do violence to the rule of law and constitutional fabric that bind this great nation. Your job is to apply the law — even in tough cases,” he said.

The comments immediately drew criticism from the union that represents the judges and from former judges.

“The reality is that it is a political statement which does not articulate a legal concept that judges are required to be aware of and follow,” said Dana Marks, a spokesperson for the National Association of Immigration Judges and an immigration judge in San Francisco. “It did appear to be a one-sided argument made by a prosecutor.”

Jeffrey Chase, a former immigration judge and now an immigration attorney, said the comments overlooked the fact that asylum laws were designed to be flexible.

“We possess brains and hearts, not just one or the other,” he said. It is sympathy, Chase said, that often spurs legal theories that advance the law in asylum law, civil rights, and criminal law.

“Sessions is characterizing decisions he personally disagrees with as being based on sympathy alone,” he said, “when in fact, those decisions were driven by sympathy but based on solid legal reasoning.”

Unlike other US courts, immigration judges are employees of the Justice Department whose evaluations are based on guidelines Sessions lays out. In that role, Sessions already has instituted case quotas, restricted the types of cases for which asylum can be granted, and limited when judges can indefinitely suspend certain cases. Advocates believe the Trump administration has made these decisions in order to speed up deportations. His comments on sympathy to immigrants appeared intended to bolster a decision he made recently to limit when asylum can be granted out of fear of domestic or gang violence.

Sessions also told the judges that they should focus on maximum production and urged them to get “imaginative and inventive” with their high caseload. The courts currently have a backlog of hundreds of thousands of deportation cases.

Ashley Tabaddor, an immigration judge in Los Angeles and the president of the National Association of Immigration Judges, which represents the nation’s 350 immigration judges, said Sessions’ speech was notable for its lack of any mention of fairness or due process. “We cannot possibly be put in this bind of being accountable to someone who is so clearly committed to the prosecutorial role,” said Tabaddor.

The union has long called for its separation from the Department of Justice in order to be truly independent of political decision-making.

“Good lawyers, using all of their talents and skill, work every day — like water seeping through an earthen dam — to get around the plain words of the [Immigration and Nationality Act] to advance their clients’ interests. Theirs is not the duty to uphold the integrity of the act. That is our most serious duty,” Sessions said in a speech to 44 newly hired judges who were being trained in Falls Church, Virginia.

He ended his speech by telling the incoming judges that the American people had spoken in laws and “in our elections.”

“They want a safe, secure border and a lawful system of immigration that actually works. Let’s deliver it for them,” Sessions said.

From the beginning of October through the end of June, immigration judges had granted around 22% of asylum cases and denied around 41% of cases. The rest of the cases were closed. The rate is similar to previous fiscal years. Sessions’ decision to limit the types of cases in which asylum should be granted was made in mid-June.

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https://www.dailymail.co.uk/news/article-6152755/The-U-S-increase-number-immigration-judges-50-percent-BALLOONING-backlog.html

Valerie Bauman reports for The Daily Mail:

Attorney General Jeff Sessions said Monday that he plans to increase the number of immigration judges in the U.S. by 50 percent by the end of Fiscal Year 2018 – part of the administration’s effort to take on a case backlog that has ballooned under the Trump administration’s zero-tolerance policy.

The number of immigration cases on hold in the U.S. has risen 38 percent since Trump took office, with 746,049 pending immigration cases as of July 31, up from 542,411 at the end of January 2017, according to an analysis of government data by the Transactional Records Access Clearinghouse at Syracuse University.

Sessions asserted his authority on Monday during remarks welcoming 44 newly hired immigration judges – the largest class in U.S. history – noting that they must operate under his supervision and perform the duties that he prescribes.

As you take on this critically important role, I hope that you will be imaginative and inventive in order to manage a high-volume caseload,’ he said. ‘I do not apologize for expecting you to perform, at a high level, efficiently and effectively.’

Sessions also had harsh words for the attorneys who represent immigrants, describing them as ‘water seeping through an earthen dam,’  who attempt to ‘get around’ immigration laws.

The message follows a series of policy changes that have put increasing pressure on immigration judges to close cases quickly while taking away their authority to prioritize cases based on their own judgment.

‘We’re clearly moving toward a point where there isn’t going to be judicial independence in the immigration courts anymore,’ former immigration Judge Jeffrey S. Chase told DailyMail.com.

U.S. Attorney General Jeff Sessions delivers remarks to the incoming class of immigration judges in Falls Church, Virginia

U.S. Attorney General Jeff Sessions delivers remarks to the incoming class of immigration judges in Falls Church, Virginia

For example, the Justice Department earlier this year announced a quota system requiring judges to clear at least 700 cases annually in order to be rated as ‘satisfactory’ on their performance evaluations.

Quotas ‘would threaten the integrity and independence of the court and potentially increase the court’s backlog,’ according to the National Association of Immigration Judges, the union representing the judges.

Sessions also issued a decision earlier this year that takes away the authority of immigration judges to administratively close cases, a process that allowed a judge to indefinitely close low-priority cases to make room on the docket for more serious offenses – such as those involving violent criminals and gang members.

From Oct. 1, 2011 through Sept. 30, 2017, 215,285 cases were administratively closed, according to Sessions. Now experts say those cases will be added back to the dockets, further compounding the backlog.

In addition, Sessions issued a legal opinion earlier this year designed to make it impossible for victims of domestic violence and gangs to seek asylum in the U.S. – which some critics say will limit judicial independence.

Legal experts said Monday that Session’s speech was designed to assert his authority over the judges and impress upon them the importance of issuing rulings consistent with his own philosophy.

‘That was an enforcement speech,’ former immigration Judge Paul Wickham Schmidt told DailyMail.com. ‘The whole implication that somehow (people seeking asylum) are bending the law and that there are attorneys trying to go through loopholes is the opposite of the truth … The losers in these asylum cases aren’t simply migrants trying to game the system. They are people facing real dangers when they go home.’

Sessions did not shy away from calling on the new judges to rise to the challenges before them.

‘Let me say this clearly: it is perfectly legitimate, moral, and decent for a nation to have a legal system of immigration and to enforce the system it adopts,’ Sessions said in his prepared remarks. ‘No great and prosperous nation can have both a generous welfare system and open borders. Such a policy is both radical and dangerous.’

Sessions has said that he has introduced a ‘streamlined’ approach for hiring judges – a historically lengthy process – to bring the average hiring time down to 266 days, compared from 742 days in 2017, according to Department of Justice data.

Immigration judges are appointed by the U.S. attorney general. The new additions bring the total number of immigration judges in the U.S. to 397.

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There are lots of helpful charts and graphs accompanying Val’s excellent article. Go to the link above to view them, along with the complete article.
Sessions’s claim that we have a “generous welfare system and open borders” is total BS. We don’t have open borders, and never have had. And SEssions and his GOP cronies have worked hard to make our welfare system not very generous at all, particularly when it comes to foreign nationals. It’s a total insult, as well as an arrogant rewriting of history to imply that the Nixon, Ford, Reagan, Bush I, Clinton, Bush II, and Obama Administrations didn’t care about immigration or border enforcement. All of them took their best shot at it, under the circmstances. I should know, as I served in all of those Administrations except for Bush I. Indeed, if anything, for better or worse, and many would say the latter, enforcement during the Obama era was probably more effective than it has been under the “Trump/Sessions gonzo approach.”
Individuals fleeing from the Northern Triangle aren’t coming for welfare. They are coming to save their lives, something that Sessions’s mindless restrictionist philosophy apparently makes it impossible for him to acknowledge. Moreover, individuals have a statutory right to apply for asylum, regardless of the means of entry. Insuring that asylum, withholding of removal, and protection under the Convention Against Torture are propoerly extended to inbdividuals seeking refuge in the US is just as much a part of “enforcing the rule of law” as are removals. Indeed, the consequencers of wrongfully removing an individual entitled to protection are potentially catestropohic.
OK. Now let’s get beyond Sessions’s White Nationalist screed and get some truth about:
  • The ethical standards for Immigration Judges;
  • The real intent of the Refugee Act of 19809; and
  • What being a fair and impartial immigration judge is really about.

Sessions’s Statement Favoring A Party To Immigration Court Proceedings And Showing Disrespect For The Opposing Party & Their Representatives Violates The EOIR Ethical Code By Showing An “Appearance of Bias.”

Let’s remember that under the strange rules governing EOIR and the Immigration Courts within the USDOJ, Attorney General Jeff Sessions can and has taken on the role as a judicial adjudicator in an individual cases, changing results and setting precedent for the BIA and the Immigration Judges.

So, what does the EOIR Code of Judicial Ethics say about judicial conduct?

V. Impartiality (5 C.F.R. § 2635.101(b)(8))

An Immigration Judge shall act impartially and shall not give preferential treatment to any organization or individual when adjudicating the merits of aparticular case. An Immigration Judge should encourage and facilitate pro bono representation. An Immigration Judge may grant procedural priorities to lawyers providing pro bono legal services in accordance with Operating Procedures and Policies Memorandum (OPPM) 08-01.

VI. Appearance of Impropriety (5 C.F.R. § 2635.101(b)(14))

An Immigration Judge shall endeavor to avoid any actions that, in thejudgment of a reasonable person with knowledge of the relevant facts, wouldcreate the appearance that he or she is violating the law or applicable ethical standards.

. . . .

IX. Acting with judicial Temperament and Professionalism

An Immigration Judge should be patient, dignified, and courteous, and should act in a professional manner towards all litigants, witnesses, lawyers and others with whom the Immigration Judge deals in his or her official capacity, and should not, in the performance of official duties, by words or conduct, manifest improper bias or prejudice.

Note: An Immigration Judge should be alert to avoid behavior, including inappropriate demeanor, which may be perceived as biased. The test forappearance of impropriety is whether the conduct would create in the mind of a reasonable person with knowledge of the relevant facts the belief that the Immigration Judge’s ability to carry out his or her responsibilities with integrity, impartiality, and competence is impaired.

Note: An Immigration Judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the immigration process into disrepute. Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereotyping; attempted humor based upon stereotypes; threatening, intimidating, or hostile acts; suggestions of connections between race, ethnicity, or nationality and crime; and irrelevant reference to personal characteristics. Moreover, an Immigration Judge must avoid conduct that may reasonably be perceived as prejudiced or biased. Immigration Judges are not precluded from making legitimate reference to any of the above listed factors, or similar factors, when they are relevant to an issue in a proceeding.

Note: An Immigration Judge has the authority to regulate the course ofthe hearing. See 8 C.F.R. §§ 1240.1(c), 1240.9. Nothing herein prohibits theJudge from doing so. It is recognized that at times an Immigration Judgemust be firm and decisive to maintain courtroom control. 

Wow. Sure sounds to me like Sessions is in clear violation  of each of these!

Let’s get down to “brass tacks” here. Imagine that you are a represented asylum applicant from the Northern Triangle with an upcoming hearing. The morning of your hearing, you read the statement that Jeff Sessions made to the new Immigration Judges.

That afternoon, when you appear at the hearing you find that none other than Jeff Sessions is yo\ur U.S. Immigration Judge. So, do you think that you and your attorney are going to get a “fair and impartial” hearing, including a possible favorable exercise of discretion” on your asylum application, as our Constitution and laws require? Of course not!

But remember, all asylum applicants are appearing before “judges” who are actually employees of Jeff Sessions. Each judge knows that he or she owes career longevity to pleasing Sessions and his minions. Each judge also knows that at any time Sessions can arbitrarily reach down into the system, without explanation or notice, and “certify” any case or decision to himself.

Clearly, after having publicly taken a pro-DHS, pro-enforcement, anti-asylum applicant, anti-private attorney position, Sessions should not ethically have any role whatsoever in the outcome of cases in the Immigration Court System. But, clearly, he does have such a role. A big one!

If any sitting Immigration Judge conducted himself or herself the way Sessions just did, they would be suspended immediately. How does Sessions get away with disregarding judicial ethics in his own system?

The Refugee Act of 1980 Implements Our International Treaty Obligations Under the UN Convention & Protocol Relating To The Status Of Refugees and Is Actually About “Protecting” Those In Danger, Not Finding Ways Of “Rejecting” Their Claims.

Let’s hear from a former legislator who played a key role in developing and enacting the Refugee Act or 1980, former Representative Elizabeth Holtzman (D-NY) who at that time was the Chair of the House Immigration Subcommittee. This is from the letter that Holtzman recently wrote to Secretary Nielsen resigning from the DHS Detention Advisory Committee because of its perversion of the law, particularly the illegal family separation policy engineered by Sessions.

What is so astonishing to me is how much this country has changed since 1980, when I was privileged as chair of the House Immigration Subcommittee to co-author with Senator Ted Kennedy the Refugee Act of 1980. The Act — which was adopted without serious controversy — created a framework for the regular admission of refugees to the U.S. The immediate stimulus for the bill was the huge exodus of boat people leaving Vietnam. Though the memory of the Holocaust played a role, too, particularly the knowledge that the U.S. could have rescued so many people from the hands of the Nazis but did not. The Refugee Act marked our commitment as a nation to welcoming persons fleeing persecution anywhere.

In those days, the U.S. accepted large numbers of refugees — about 750,000 arrived from Vietnam; 600,000 entered from Cuba; and hundreds of thousands of Jews and their relatives came from the Soviet Union. The thought that the U.S. is frightened today by the presence of an additional 2,000 or so children and parents from Central America is laughable and appalling.

In those days, the U.S. also showed world leadership on refugee resettlement. For example, America understood that it bore a special responsibility for the refugees fleeing Vietnam because of its long involvement in the Vietnam War. Obviously, we could not absorb all the refugees, but our government worked hard to get resettlement solutions for all. First, it persuaded the countries neighboring Vietnam to which people fled in small boats not to push those refugees back out to sea, where they would confront pirates, drowning and other terrible dangers. (I know because I participated in speaking to those countries.) Then, the U.S. organized a world conference in Geneva, where countries agreed to accept specific numbers of refugees. The U.S. was able to induce other countries to act because it took the largest share. Our country’s leadership turned the boat people crisis into one of the most successful refugee resettlement programs ever.

Now, in response to the influx of (mostly) women and their children fleeing horrific violence in Central America, the U.S. government can think only of building a wall and unlawfully separating children from their parents — something I call child kidnapping, plain and simple — as a deterrent to keep others from coming to the US. How far we have we fallen.

And how easy it would be to do the right thing. The U.S. needs to start with recognizing that it once again has a special responsibility for a dire situation, this time in the Northern Triangle. We overthrew the democratically elected government in Guatemala, which was replaced by one right-wing government after another, including one that committed genocide against the indigenous population. In Honduras and El Salvador, we similarly propped up right-wing governments that did nothing for their people, leaving them without effective governance in place. The fact that gangs have been able to terrorize the population with impunity is a result.

More must be done as well. We should reinstate the Central American Minors Refugee/Parole Program, established under President Obama and cancelled by the Trump Administration, whereby people could apply in their home countries for admission as refugees to the U.S. without facing the perils of the overland trip. Second, we should try to get Canada and other countries in South America to accept refugees from the Northern Triangle countries, reducing the burden on us. To do this, we would have to agree to take a substantial number of refugees from the Northern Triangle countries as well. And then we should work to improve the governance in these countries, perhaps by involving the United Nations and nearby countries, such as Costa Rica.

Unfortunately, the chance of any such enlightened response toward refugees from the Northern Triangle seems remote. These countries probably fall into Trump’s stated “shithole” category. Plainly, the hostile attitude toward the refugees persists. For example, 463 parents may have been deported without their children. Apparently DHS Secretary Kirstjen Nielsen feels no responsibility for reuniting those with their parents, instead making the flimsy excuse that the parents wanted to leave them behind. While possibly true in a small number of instances, given the fact that many of the parents do not speak English, or even Spanish, but their indigenous language, it is more likely that a significant number of the parents had no idea of what was happening or how to get their children back. They may even have been coerced into leaving. In any case, Nielsen has a very poor record of truth-telling. On June 17, she insisted that “We do not have a policy of separating families at the border. Period.”

And the racist, contemptuous attitude of the Administration keeps showing. Just recently, before a conservative audience, Attorney General Jeff Sessions made a joke — a joke! — about separating children from their parents. (He also briefly joined in a chant of “Lock her up!”)

Most Americans, fortunately, have found the separation policy abhorrent. Those of us who do, need to press the Administration to find a more humane and more comprehensive solution, like our country has done in the past. But if the Administration continues the enforced separation policy, I hope that the courts will enforce their decisions, which have required reunification, by holding the Secretary and others in contempt if necessary. Congress should be called on to act by holding hearings and adopting censure resolutions. None of us can sit idly by when our government stoops to such racist, malign behavior.
Yes, with responsible leadership, it would be relatively easy to do the right thing here. But, it’s not going to happen with the “wrong people” like Donald Trump, Stephen Miller, Jeff Sessions, and Kristjen Nielsen in charge.

The real intent of the Refugee Act of 1980 was to give America the tools to take a leadership role in protecting individuals, particularly those flowing from situations we helped cause like the mess in the Northern Triangle. I’m sure that most of those involved in the bipartisan effort would be shocked by the overtly racist, restrictionist views being pawned off by Sessions as “following the law.” “I call BS” on Session’s perversion of protection laws.

Undoubtedly, cases like Matter of A-R-C-G-, incorrectly overruled by Sessions, actually substantially understated the case for protecting domestic violence victims. There is little doubt in my mind that under a proper interpretation “women in El Salvador” (or Guatemala or Honduras, or many other countries) satisfy the stated criteria for a “particular social group.”

Being a “woman in El Salvador” clearly is :

  • Immutable or fundamental to identity;
  • Particularized; and
  • Socially distinct.

Moreover, there is no legitimate doubt that the status of being a “woman in El Salvador” is often “at least one central reason” for the persecution. Nor is there any doubt that the Governments in the Northern Triangle are unwilling and unable to offer a reasonable level of protection to women abused because of class membership, Sessions’s largely fictional account of country conditions notwithstanding.

At some point, whether or not in my lifetime, some integrity will be re-injected into the legal definition by recognizing the obvious. It might come from Congress, a more qualified Executive, or the Courts. But, it will eventually come. The lack of recognition for women refugees, who perhaps make up a majority of the world’s refugees, is a symptom of the “old white guys” like Sessions who have controlled the system. But, that’s also likely to change in the future.

My esteemed colleague, retired U.S. Immigraton Judge Jeffrey S. Chase said it best:

“Sessions is characterizing decisions he personally disagrees with as being based on sympathy alone,” he said, “when in fact, those decisions were driven by sympathy but based on solid legal reasoning.”

The Proper Role Of a Good Immigration Judge Involves Sympathetic Understanding Of The Plight Of Refugees, What They Have Suffered, & The Systemic Burdens They Face in Presenting Claims.

Let’s see what some real judges who have had a role in the actually fairly adjudicating asylum claims have to say about the qualities of judging.

Here’s one of my favorite quotes from the late Seventh Circuit Judge Terence T. Evans in Guchshenkov v. Ashcroft, 366 F.3d 554 (7th Cir. 2004) (Evans, J., concurring) that sums up the essence of being a good Immigration Judge:

Because 100 percent of asylum petitioners want to stay in this country, but less than 100 percent are entitled to asylum, an immigration judge must be alert to the fact that some petitioners will embellish their claims to increase their chances of success. On the other hand, an immigration judge must be sensitive to the suffering and fears of petitioners who are genuinely entitled to asylum in this country. A healthy balance of sympathy and skepticism is a job requirement for a good immigration judge. Attaining that balance is what makes the job of an immigration judge, in my view, excruciatingly difficult.

Or, check out this heartfelt statement from my former colleague Judge Thomas Snow, one of “Arlington’s Finest,” (who also, not incidentally, had served as the Acting Chief Immigration Judge and Acting Director of EOIR, as well as being a long-time Senior Executive in the USDOJ) in USA Today:

Immigration judges make these decisions alone. Many are made following distraught or shame-filled testimony covering almost unimaginable acts of inhumanity. And we make them several times a day, day after day, year after year.

We take every decision we make very seriously. We do our best to be fair to every person who comes before us. We judge each case on its own merits, no matter how many times we’ve seen similar fact patterns before.

We are not policymakers. We are not legislators. We are judges. Although we are employees of the U.S. Department of Justice who act under the delegated authority of the attorney general, no one tells us how to decide a case. I have been an immigration judge for more than 11 years, and nobody has ever tried to influence a single one of my thousands of decisions

And finally, because we are judges, we do our best to follow the law and apply it impartially to the people who appear before us. I know I do so, even when it breaks my heart.

Here’s a “pithier” one from my friend and colleague Judge Dana Leigh Marks, former President of the National Association of Immigration Judges (who also was the “winning attorney” representing the plaintiff in INS v. Cardoza-Fonseca,  480 U.S. 421 (1987)) —  I was on the “losing” INS side that day):

[I]mmigration judges often feel asylum hearings are “like holding death penalty cases in traffic court.”

Finally, here’s my take on being an Immigration Judge after 45 years in the field, including stints at the BIA, the “Legacy INS,” private practice, and academics:

From my perspective, as an Immigration Judge I was half scholar, half performing artist.  An Immigration Judge is alwayson public display, particularly in this “age of the Internet.” His or her words, actions, attitudes, and even body language, send powerful messages, positive or negative, about our court system and our national values.  Perhaps not surprisingly, the majority of those who fail at the job do so because they do not recognize and master the “performing artist” aspect, rather than from a lack of pertinent legal knowledge. 

Compare Sessions’s one-sided, biased outlook with the statements of those of us who have “walked the walk and talked the talk” — who have had to listen to the horrible stories, judge credibility, look at whether protection can legally be extended, and, on some occasions, look folks in the eye and tell them we have no choice but to send them back into situations where they clearly face death or danger.

Sympathetic understanding of refugees and the protection purposes of refugee, asylum, and CAT laws are absolutely essential to fair adjudication of asylum and other claims for relief under the Immigration Laws. And, clearly, under the UNHCR guidance, if one is going to err, it must be on the side of protection rather than rejection. 

That’s why Jeff Sessions, a cruel, biased, and ignorant individual, lacking human understanding, sympathy, a sense of fundamental fairness, a commitment to Due Process, and genuine knowledge of the history and purposes of asylum laws has no business whatsoever being involved in immigration adjudication, let alone “heading” what is supposed to be a fair and impartial court system dedicated to “guaranteeing fairness and Due Process for all.”

Senator Elizabeth Warren tried to tell her colleagues and the rest of America the truth about Jeff Sessions and the horrible mistake they were making in putting such a famously unqualified man in charge of our Department of Justice. But, they wouldn’t listen. Now, refugees, families, and children, among his many victims, are paying the price.

Sessions closes with a final lie: that the American people spoke in the election in favor his White Nationalist policies.  Whether Sessions acknowledges it or not, Donald Trump is a minority President. Millions more voted for Hillary Clinton and other candidates than they did for Trump.

Almost every legitimate poll shows that most Americans favor a more moderate immigration policy, one that admits refugees, promotes an orderly but generous legal immigration system, takes care of Dreamers, and controls the borders in a humane fashion as opposed to the extreme xenophobic restrictionist measures pimped by Sessions, Trump, Steven Miller, and the GOP far right. In particular, the separation of children, Sessions’s unlawful “brainchild,” has been immensely (and rightfully) unpopular.

Jeff Sessions has never spoken for the majority of Americans on immigration or almost anything else. Don’t let him get away with his noxious plans to destroy our justice system! Whether you are an Immigration Judge, a Government employee, or a private citizen, we all have an obligation to stand up to his disingenuous bullying and intentionally false, xenophobic, racially-motivated, unethical, scofflaw narrative.

PWS

09-11-18

 

THE UGLY TRUTH REVEALED: THERE ARE NO ADULTS IN THE ROOM: “Trump is a racist; . . . he will continue putting into effect racist policies; and that focusing, as the people around Trump do, on ensuring that the words of his speeches are inoffensive is really just a way of helping Trump politically so he can carry out his policies with less opposition.”

https://slate.com/culture/2018/09/bob-woodwards-new-book-fear-trump-in-the-white-house-reviewed.html

Isaac Chotiner writes in Slate:

Nearly 300 pages into Bob Woodward’s new book, Fear: Trump in the White House, a West Wing aide named Zach Fuentes cautions fellow staffers. With depressingly familiar words, Fuentes informs his colleagues, “He’s not a detail guy. Never put more than one page in front of him. Even if he’ll glance at it, he’s not going to read the whole thing. Make sure you underline or put in bold the main points … you’ll have 30 seconds to talk to him. If you haven’t grabbed his attention, he won’t focus.” Some subjects, such as the military, do engage him, but the overwhelming picture is worrying and dire. Still, one could finish this passage and feel at least slightly relieved that people like Fuentes are aware of the reigning deficiencies in the White House, and doing their best to mitigate them.

Fuentes is merely an assistant to John Kelly, the White House chief of staff, but Kelly and James Mattis, the secretary of defense, are presented throughout Woodward’s book as being cognizant of the president’s extreme limitations and authoritarian instincts, and rather boldly willing to push back against their boss. This is why it’s probably worth mentioning that Fuentes wasn’t talking about Donald Trump; no, he was talking about John Kelly. And Woodward’s book—which arrived at around the same time as the already infamous, still-currently anonymous New York Times op-edabout the men and women in the executive branch supposedly working to protect America from Donald Trump—is as much a portrait of the craven, ineffective, and counterproductive group of “adults” surrounding Trump as it is a more predictable look into the president’s shortcomings. It’s not entirely clear how aware Woodward is of what he has revealed about the people he’s quoting at length. (Sources tend to come off well in his books.) But intentionally or not, Fear will make plain to the last optimist that, just as Republicans in Congress are unlikely to save us, neither are the relative grown-ups in the Trump administration.

Is Woodward the last optimist? He quite obviously believes that Trump is unfit to be president, but a reader can’t quite shake the sense that he somehow thinks maybe, just maybe, things could be different with the right coaching or incentives. Fear is a book full of stories about Trump being contained; his instincts being thwarted; his worst qualities being slightly minimized by people who claim to be afraid of what would happen if they weren’t there. “It’s not what we did for the country,” former Trump economic adviser Gary Cohn says early on. “It’s what we saved him from doing.” Quotes like this aim to settle the ethical debate—which has been going on from the start of the Trump presidency—over whether anyone should be working for a bigoted and corrupt president with no respect for democracy, even if they are planning to, in that most tiresome phrase, contain his worst impulses. But that conversation has obscured the more pressing question of what those supposedly well-intentioned individuals can actually accomplish from the inside. Even allowing for the self-serving nature of the accounts that Woodward offers here, the answer appears to be: not much.

Indeed, the near-misses Woodward writes about feel particularly insubstantial, in part because very few of these aides and appointees seem to really grasp the nature of the man they are serving (no matter how much they talk about his stupidity and recklessness), and in part because Trump himself is so clueless and aimless that he rarely seems to follow through on his worst ideas anyway. (The terrible things he has followed through on, such as various immigration policies, are not really discussed at length, and on these matters a good chunk of his staff appear to agree with him.) Moreover, many of these aides are tasked with—or see their roles as—not preventing policy decisions, but instead as putting the nicest, non-Trumpy face on Trumpism; the ethics of this deserves its own debate.

Perhaps the biggest non-hinge moment in the book occurs in July 2017, six months after Trump has taken office and two years since he emerged as a presidential candidate by offering his thoughts on Mexican rapists. “Mattis and Gary Cohn had several quiet conversations about The Big Problem: The president did not understand the importance of allies overseas, the value of diplomacy or the relationship between the military, the economy, and intelligence partnerships with foreign governments.” The two men decide to meet to “develop an action plan,” which consists of getting the president in the Tank, “the Pentagon’s secure meeting room for the Joint Chiefs of Staff,” because it might “focus him.” But when they do, and succeed in telling him about the value of allies and diplomacy, Trump ignores them and proceeds to rant and rave on a variety of subjects. The meeting wraps up after accomplishing precisely nothing. (This is the event that caused Rex Tillerson to call Trump a “fucking moron.”)

What remains astonishing about the meeting is not that Trump is an idiot. It’s that Mattis and Cohn seemed to have hopes for their plan, believing they could use the sit-down to really turn a corner. The book is so full of scenes like this because the people around Trump seem to have less feel for the president than a politically astute person who spends 20 minutes a day reading the newspaper. It’s not that hard to grasp that Trump’s authoritarian leanings condition him to distrust democratic allies; nor is it a secret that he has utter contempt for America’s intelligence agencies. An earlier passage in the book has Mattis telling a NATO-skeptical Trump that, “If you didn’t have NATO, you’d have to invent it” and “there’s no way Russia could win a war if they took on NATO,” which left me wondering if Mattis could have chosen an argument that would be less likely to appeal to the president, and why anyone who has paid even glancing attention to Trump’s behavior toward Russia would think it would be effective.

Woodward conveys all this in his typically matter-of-fact style, with dialogue heavy-scenes, and with his sources sounding reasonable and frustrated. He rarely tips his hand or offers critiques of those who talked to him, but his narrative does allow for them to come across as ill-equipped. Take former national security adviser H.R. McMaster, who Woodward presents as a thoughtful enough guy simply unwilling or unable to contain his pedantic lecturing style, even though it is clearly irking the president. This leads McMaster to get involved in stupid, inevitably doomed spats stemming from Trump’s childishness, including one over precisely where the president and the Indian prime minister will dine that is too dreary to recount. Of course, McMaster doesn’t last long, in large part because of this type of nonsense; meanwhile, he can’t get along with Mattis or Tillerson, two other guys who apparently pride(d) themselves on being the last line of defense. And yet, they do everything they possibly can to undermine McMaster, and make his job more difficult. “McMaster considered Mattis and Tillerson ‘the team of two’ and found himself outside their orbit, which was exactly the way they wanted it,” Woodward writes. Now the national security adviser is John Bolton. Good job, everyone.

The story in the book about Mattis that has gotten the most attention concerns his decision to quietly counter Trump on Syria after the president reportedly screamed “let’s fucking kill him” over the phone about Bashar al-Assad. According to Woodward, Mattis hung up and stated to an aide, “We’re not going to do any of that. We’re going to be much more measured.” A victory for common sense, you might say. A couple pages later, we read that “Trump had stepped back from his initial desire to kill Assad.” But did he step back or just forget? Immediately afterward, Trump asks McMaster for some Syria hypotheticals, which McMaster can’t answer because he is being ignored by Mattis and Tillerson. Thankfully, Woodward concludes, “Trump soon forgot his questions.” It’s certainly possible that Mattis or Tillerson or McMaster stopped Trump from doing something truly terrible or illegal over the past nearly 20 months, but if so we are not told what it was. Despite all the self-aggrandizing quotes from the so-called moderating influences in the White House, the upshot of Woodward’s own reporting is that if we end up riding out this term free of a foreign policy catastrophe, it is more likely to be the result of Trump’s incuriosity and short attention span than a bold act of bravery by one of the grown-ups.

The possible exception is Cohn’s already famous decision to steal a paper from Trump’s desk that would have removed the United States from a trade deal with South Korea, and thus possibly impacted national security by undermining the Washington-Seoul alliance. This at least counts as a staff member taking strong action, although, as Woodward acknowledges, it’s “an administrative coup d’etat,” and neither Woodward nor Cohn (quoted as saying, “got to protect the country”) convincingly show that the stakes were high enough to warrant such a step. Tellingly, and predictably, Trump keeps bringing the pact up but can’t seem to remember that he was just about to pull out of the deal, which makes you wonder if he was really on the verge of doing so.

Photo illustration: Bob Woodward and the cover of Fear, side by side.
Photo illustration by Slate. Photo by Michael Kovac/Getty Images for Vanity Fair.

Nevertheless, there is a strong argument to be made that someone like Mattis should stay in his job, and the person who wants to see him resign in protest is braver than I am. But the case to keep working in the Trump administration is much weaker if your job isn’t a matter of life and death, and some of the examples in the book meant to highlight the good deeds of the people around Trump are extremely thin. After Trump’s disgraceful response to Charlottesville, staff secretary Rob Porter apparently cajoled the president into giving a less grotesque speech about what occurred. Porter, who appears to be Woodward’s biggest source and therefore comes across relatively well—his resignation after allegations of domestic abuse is afforded less than a page—“felt it was a moment of victory, of actually doing some good for the country. He had served the president well. This made the endless hours of nonstop work worth it.” Naturally, within a day, Trump had backtracked and surprised precisely no one by making clear that he doesn’t actually have a problem with Nazis, leaving Porter feeling that “Charlottesville was the breaking point” and wondering “if trying to repair [racial divisions] after Charlottesville was almost a lost cause.”

Unless Woodward is winking at readers with that “lost cause” reference, he doesn’t betray any acknowledgement of how absurd Porter’s musings seem, coming as they did years or months after birtherism, blatant bigotry, and a ban on certain Muslims from being allowed to enter the country. Nor does it ever seem to occur to Porter—or Gary Cohn, whose supposedly tortured post-Charlottesville dilemma is afforded considerable space—that Trump is a racist; that he will continue putting into effect racist policies; and that focusing, as the people around Trump do, on ensuring that the words of his speeches are inoffensive is really just a way of helping Trump politically so he can carry out his policies with less opposition.

. . . .

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

Read the rest of Chotiner’s article at the above link.

It’s painfully clear that the white (almost all) men surrounding Trump don’t have much real problem with his overt bigotry, racism, immorality, misogyny, and lawlessness except when revealing it gets in the way of their policies.

After all, it’s important to the country that we have more tax breaks for the rich, less health care for the general populace, dirtier air, polluted rivers and lakes, fewer National monuments, more black lung, reduced worker protections, fewer voters of color, almost no refugees, only white immigrants, more abused children, a generation of young people who are barred from reaching their full potential, dumber schools, religious bigotry and hate speech, homophobia, a subservient, non-professional Civil Service and Foreign Service composed of political hacks, more racial and religious resentment, less free press, etc.

These dudes don’t really want to change the toxic agenda that is destroying our democracy. No, they just want to make sure that Trump’s stunning incompetence and unsuitability for office is mitigated enough that they can carry out their nasty anti-democratic policies without his interference. That’s what passes for “courage” and “true patriotism” in today’s GOP.

The only way to save our republic is to throw every Republican out of office and force the party to either ditch its White Nationalist base or split into two parties — a legitimate conservative opposition party and a far right White Nationalist party.

Trump is the end product of a GOP that just doesn’t believe in 21st Century America as a diverse, multi-racial, multi-cultural nation of immigrants and the strength and power that gives all of us. We need regime change. This November is the time to start that process at the ballot box! Don’t wait until it’s too late!

PWS

09-10-18

GONZO’S WORLD: THIS IS WHY HE STAYS: UNDERNEATH ALL THE “TRUMP NOISE” SESSIONS IS METHODICALLY ERADICATING DUE PROCESS, PERVERTING THE LAW, & TURNING ONE OF THE LARGEST FEDERAL COURT SYSTEMS INTO A “KILLING FLOOR” TARGETING OUR MOST VULNERABLE & DESERVING REFUGEES! — “[Sessions] is dumbing down the judges and treating them like assembly-line workers whose only job is to stamp out final orders of removal.”

https://www.motherjones.com/politics/2018/09/jeff-sessions-is-executing-trumps-immigration-plans-with-a-quiet-efficient-brutality/

Sophie Murguia and Kanyakrit Vongkiatkajorn report for Mother Jones:

Jeff Sessions Is Executing Trump’s Immigration Plans With a Quiet, Efficient Brutality

The attorney general’s systematic gutting of immigration courts is the latest example.

Over the past few months, Attorney General Jeff Sessions has faced fierce criticism for his role in the Trump administration’s family separation policy. But while the White House continues to deal with the fallout from tearing kids away from their parents at the border, Sessions has been busy orchestrating another, much quieter attack on the country’s immigration system.

Tensions have been simmering for months between the attorney general and the hundreds of judges overseeing immigration courts, but they reached a new high in July. The flashpoint was the case of Reynaldo Castro-Tum, a Guatemalan man who was scheduled to appear in a Philadelphia immigration court, but had repeatedly failed to turn up. The judge, Steven Morley, wanted to determine whether Castro-Tum had received adequate notice, and rescheduled a hearing for late July. But instead of waiting for that appointment, the Justice Department sent a new judge from Virginia to take over the case. Judge Deepali Nadkarni subsequently ordered Castro-Tum deported.

The move sparked immediate outcry: The National Association of Immigration Judges, a union representing about 350 immigration judges, filed a formal grievance, and 15 retired immigration judges released a public statement condemning the action. “Such interference with judicial independence is unacceptable,” they wrote.

This was just the latest of many accusations that Sessions and his Justice Department were interfering with judicial independence in immigration courts. Since the beginning of the year, the attorney general has severely limited judges’ ability to manage their cases, increased pressure on judges to close cases quickly, and dramatically reshaped how America determines who it will shelter. While Sessions isn’t the first attorney general to exercise these powers, immigration advocates say he’s using his authority in unprecedented ways and as a result severely limiting due process rights for migrants.

Unlike most courts, immigration courts are housed within the executive branch, meaning immigration judges are actually DOJ employees. Sessions is therefore ultimately in charge of hiring judges, evaluating their performance, and even firing them. He can also refer cases to himself and overrule previous judges’ decisions, setting precedents that effectively reshape immigration law.In a little more than six months, Sessions has issued four consequential decisions on immigration cases he referred to himself, in some instances overturning decades of legal precedent. Attorneys general under the Obama administration used that power only four times over eight years.

“We’re seeing Attorney General Sessions take advantage of the structural flaws of the immigration court system,” says Laura Lynch, the senior policy counsel at AILA, which has joined the judges’ union in asking Congress to make the immigration courts independent of the Justice Department.

Sessions’ changes have been “extremely demoralizing,” says Dana Leigh Marks, president emeritus of the National Association of Immigration Judges. “I’ve been in the field for 40 years, and I have never seen morale among immigration judges so low.”

Here are the biggest ways Sessions is attacking the immigration courts:

It’s now much more difficult to apply for asylum

In June, Sessions overturned a decision granting asylum to a Salvadoran woman, known in court documents as A-B-, who had escaped an abusive husband. He used the case as an opportunity to declare that migrants can’t generally be given asylum based on claims of domestic abuse or gang violence—a catastrophic blow to the tens of thousands of Central American migrants fleeing these dangers.

Sessions’ decision, though, doesn’t just affect how judges can rule. US Citizenship and Immigration Services, the agency that helps process asylum cases, interpreted his decision to mean that survivors of domestic and gang violence usually won’t pass their initial “credible fear” interviews after they cross the border—a first step that determines whether asylum seekers are even allowed to make their case before a judge. As Mother Jones’ Noah Lanard has reported, immigration lawyers say they’ve seen “overwhelming” numbers of migrants denied at the credible fear interview stage since Sessions’ decision.

In a statement, a group of former immigration judges described this decision as “an affront to the rule of law,” pointing out that it challenges longstanding protections for survivors of gender-based violence. “Women and children will die as a result of these policies,” Michelle Brané, the director of the Migrant Rights and Justice program at the Women’s Refugee Commission, told Mother Jones when the decision was first announced.

A group of asylum seekers is now suing Sessions in federal court, arguing that this new policy violates due process rights and contradicts existing immigration law. They say that the policy’s sweeping generalizations ignore the requirement that each case be heard on its own merits.

Making matters even more complicated, in another decision earlier this year, Sessions vacated a 2014 precedent that guaranteed asylum applicants have the right to a full hearing before a judge can decide on their case. “The implications of [the new decision] are tremendous,” says Karen Musalo, director of the Center for Gender and Refugee Studies at the University of California Hastings College of Law and one of the lawyers representing A-B- and the asylum seekers suing Sessions. “It’s basically saying that a judge can decide a case on the papers alone, and not allow an individual the right to present their case in front of that judge.”

Judges have less control over their case loads …

This summer wasn’t the first time Castro-Tum’s case drew national attention. Judge Morley had “administratively closed” the case back in 2016—a common step that judges have used to set aside thousands of cases, oftentimes when immigrants had no criminal background or had been in the US for many years and had family ties. Though the cases weren’t technically closed, they were put on hold and typically never re-opened, usually so judges could focus on higher-priority cases.

Earlier this year, Sessions re-opened Castro-Tum’s case by referring it to himself, and used it to severely restrict when judges could use administrative closure. That sent the case back to Morley, which is how the DOJ ended up replacing the judge and sparking widespread outrage.

The judges union has said that administrative closure is an important and necessary tool for judges to manage their caseloads, and removing it would result in an “enormous increase” in a court backlog that’s already piling up with almost 750,000 cases. Sessions’ decision also noted that cases which had previously been administratively closed, such as Castro-Tum’s, could now be re-opened, potentially adding thousands more cases to the backlog and creating further uncertainty for the defendants.

… and will have to move through them more quickly

In a somewhat related move, in April, Sessions and the Justice Department announced new performance metrics for judges. According to a DOJ memo, judges would now need to complete at least 700 cases a year, as well as close cases within a certain time period, in order to receive a satisfactory performance review. If they fail to receive satisfactory marks, judges could potentially lose their jobs or be relocated. According to the memo, judges currently complete on average 678 cases a year. The new measures will go into effect October 1.

The judges’ union, legal scholars, and other associations have strongly criticized the move, noting that case quotas would place enormous pressure on judges to quickly complete cases and affect their ability to fully hear cases—likely leading to more deportations.

“A tough asylum case takes about three to four hours to complete, but they’re pushing judges to schedule three or four cases a day, which is probably twice as many as most judges could do and do a good job on…It’s basically inviting people to cut corners,” says Paul Schmidt, a retired immigration judge who has been a vocal critic of the Trump administration. “[Sessions] is dumbing down the judges and treating them like assembly-line workers whose only job is to stamp out final orders of removal.”

It’s harder for them to reschedule cases

On August 16, Sessions limited the ability for judges to issue continuances, which they did to postpone or reschedule removal cases, often when a defendant was waiting for a visa or another kind of immigration benefit and needed time to resolve their pending applications. Sessions has determined judges can now only issue continuances under a “good cause” standard, such as when an immigrant is likely to succeed in their attempt to stay in the US, either by winning an asylum hearing or receiving a visa.

Several retired immigration judges sent a letter to Sessions the next day, calling his decision on continuances a “blow to judicial independence.” They noted that some judges may receive from 10 to 15 requests for continuances a day—and would now need to spend time writing decisions on them, in addition to hearing their cases. “Immigration Judges should be treated as judges, and should be afforded the independent judgment that their position requires, including the basic power to control and prioritize their own case dockets,” the retired judges wrote. Advocates have also expressed concerns that immigrants could now be deported while waiting for another immigration benefit that would have given them legal status.

And as more judges retire, Sessions gets to staff up

Marks, of the judges union, notes there’s been a “tsunami” of retirements over the past two years. “Members of the association are telling us [that] they are leaving at the earliest possible opportunity or choosing to leave now because of the actions of the current administration,” she says. “They do not feel supported. They do not feel that they are free to make the decisions they need to make.”

Given the retirements, Sessions will have the ability to reshape the courts even further: Since January 2017, the DOJ has sworn in 82new immigration judges, and plans to hire at least 75 more this fall. Sessions has also worked to cut down the time it takes to hire judges.

What’s more, the Justice Department has faced allegations of politicized hiring. In April, House Democrats sent a letter to Sessions expressing concern that the DOJ had blocked several judges’ appointments for ideological reasons. The DOJ said in a statement to CNN that it “does not discriminate potential hires on the basis of political affiliation.”

Finally, while the DOJ has a long history of hiring judges with immigration enforcement backgrounds, the judges union has expressed concern that the DOJ may now be “over-emphasizing litigation experience” in its hiring practices, and “created even more skewed appointment practices that largely have favored individuals with law enforcement experience over individuals with more varied and diverse backgrounds.” As of last year, a little over 40 percent of immigration judges previously worked at the Department of Homeland Security.

Schmidt, the retired immigration judge, says he’s worried that even more new judges will come from prosecutorial backgrounds. “Who would really want to work for Sessions, given his record, his public statements?” he asks.

Under Sessions, he says, the immigration court “has become a deportation railway.”

 

Sent from my iPad
**********************
Great article, bringing together “all of the threads” of Sessions’s White Nationalist destruction of the U.S. Immigration Courts and his vicious racially-motivated attack on refugees from the Northern Triangle, particularly abused women and children.
For many years, “Gonzo Apocalypto” was a GOP “back bencher” in the Senate. His White Nationalist, restrictionist agenda was too much even for his GOP colleagues. His views were quite properly marginalized.
Suddenly, Trump runs for President on an overtly racist, White Nationalist, xenophobic platform. That’s music to Gonzo’s ears and he becomes the earliest Senate supporter.
Wonder of wonders, Trump wins, makes Sessions clone Stephen Miller his top immigration adviser, and appoints Gonzo as AG. His eyes light up. Suddenly, he’s free to dismember the entire Immigration Court, sack it’s Due Process vision, and attack migrants and refugees of color, particularly women, children, and families in ways that are both life threatening and permanently damaging.
He also gets a chance to dismantle civil rights protections, promote homophobia, disenfranchise minority voters, favor far right Evangelical Christianity, fill up prisons with the poor, black, and Hispanic, encourage police brutality against minorities, screw criminal defendants, disregard facts, harm refugees, and, icing on the cake, protect and promote hate speech. It’s a “dream come true” for a 21st century racist demagogue.
That Trump has mindlessly attacked his most faithfully effective racist, White Nationalist Cabinet Member says more about Trump than it does Sessions. Sessions is going to continue socking it to immigrants and minorities for just as long as he can. The further back into the era of Jim Crow that he can push America, the happier he’ll be when he goes on to his next position as a legal analyst for Breitbart or Fox.
Until then, there will be much more unnecessary pain, suffering, degradation, and even death on tap for migrants and their families.
Join the New Due Process Army — stand up against Session’s White Nationalist Agenda!
PWS
09-08-18

TRUMP’S UGLIEST LEGACY: “MARA – Make America Racist Again”

http://flip.it/8v_SjE

Sher Watts Spooner writes at Daily Kos:

Nothing will stop him from discarding the dog whistle and grabbing a bullhorn in his racist tweets and shouts.

Whatever happens to Donald Trump, however long it takes before he’s out of office, there’s one area where it will be hard to stop the spread of his poisonous politics: his stoking of racial hatred.

Trump and Republicans keep trying to turn the murder of Iowa college student Mollie Tibbetts, allegedly done by an immigrant who may have been in the United States illegally, into a campaign issue, trying further to stir up anger and raise fears about immigrants among Trump’s base. But they conveniently ignore the murder of 18-year-old Nia Wilson on a BART train in Oakland, California, allegedly committed by a white supremacist.

It’s not hard to figure out their reasoning: Tibbetts was white, and her accused killer is Latino. Wilson was African-American, and her accused killer is white. Crimes by “others” are by definition bad and scary, to a racist’s way of thinking. Crimes by whites must be a sign of mental illness, right?

Multiple reports and analyses show that the number of hate crimes against minorities have risen since Trump became president, and that the number started rising the day after the election in 2016. “There were more reported hate crimes on Nov. 9 than any other day in 2016, and the daily number of such incidents exceeded the level on Election Day for the next 10 days,” says a report from The Washington Post.

Even the increase in hate crime numbers is no doubt understated, because hate crimes are always underreported. But they have been rising all over the country, in cities, in small towns, and on college campuses, ever since Trump’s election. Victims encompass all minorities: African-American, Latino, Muslim, LGBT, Asian-American, and immigrants of multiple nationalities. Except, of course, for immigrants from Western European countries like Norway. Immigrants from “shithole countries” are obviously still fair game.

 

Over the last decade, extremists committed 387 murders in the United States, according to a report by the Anti-Defamation League. Of those, 71 percent were done by white supremacists and other right-wing extremists. Islamic extremists were responsible for only 26 percent.

When do hate crimes occur? There’s no shortage of bigoted remarks and bombastic insults at his campaign rallies, often rousing his supporters into shouts against whatever minority group he currently has in his cross hairs, whether that’s the media, immigrants, Muslims, or whatever his outrage du jour.

But often, says one study, hate crimes occur right after a bigoted Trump tweet.

An online paper published on the Social Science Research Network found a pattern of an increase in anti-Muslim hate crimes after particularly virulent anti-Muslim tweets. From the paper’s abstract:

We show that the rise in anti-Muslim hate crimes since Donald Trump’s presidential campaign has been concentrated in counties with high Twitter usage. Consistent with a role for social media, Trump’s Tweets on Islam-related topics are highly correlated with anti-Muslim hate crime after, but not before the start of his presidential campaign.

commentary on the study in Scientific American cautioned that the link between Trump tweets and anti-Muslim hate crimes is correlational and not necessarily causal. Still, the researchers “point out that their findings are consistent with the idea that Trump’s presidency has made it more socially acceptable for many people to express prejudicial or hateful views that they already possessed prior to his election.”

Making such prejudicial and hateful views “socially acceptable” is the crux of the problem. We all know that racism exists and always has existed. With Trump’s ascendancy, people with those racist views have ripped away the layer of social responsibility, giving them (in their own eyes) permission to express racism openly, with little fear of repercussion. The abundance of cell phone videos distributed on social media showing insults, harassment, arrests, attacks, and even some killings illustrates the fact that harassment toward people who are merely #LivingWhileBlack is an everyday occurrence.

Washington Post column by editorial page editor Fred Hiatt called Trump’s willingness to play up racial fears to his base “The wound that may long outlive Donald Trump.”

Though Trump and Fox News fearmonger Tucker Carlson will always be able to find inflammatory cases of young white women killed by sinister brown men, studies overwhelmingly show that immigrants, including illegal immigrants, commit crime at far lower rates than do native-born citizens. As the percentage of foreign-born increased in the United States from 7 percent to 13 percent between 1990 and 2013, violent crime rates fell 48 percent.

Politically, though, what matters is the first statistic — the increase in foreign-born. […]

The always fraught challenge of incorporating this generation of immigrants — assimilating, learning from, being enriched by — will be that much harder and take that much longer. It will happen; most of those people are not going away, no matter how much Trump dreams of deportation, and the country’s adaptive genius will be stronger than the Trump poison.

But the poison will linger. And when history considers how the Mitch McConnells and Paul Ryans acquiesced to Trump’s many depredations, it will be their failure to stand up for respect and tolerance between one human being and another that will be judged most harshly.

The Southern Poverty Law Center agrees:

Since he stepped on the political stage, Donald Trump has electrified the radical right. Through his words and actions, he continues to deliver for what he clearly sees as his core constituency. As a consequence, we’ve seen a rise in hate crimes, street violence and large public actions organized by white supremacist groups that have been further emboldened by the president’s statements about “shithole countries” and his policies targeting refugees and immigrants of color.

Nothing will stop Trump from exploiting the racial and ethnic fear and hatred he has espoused for decades and brought out into the open when he descended that escalator in Trump Tower in June 2015, spouting nonsense about Mexico sending rapists and drug dealers to the U.S. Nothing will stop his base from cheering about a nonsensical wall that will never be built (and Mexico certainly will never pay for). Nothing will stop him from discarding the dog whistle and grabbing a bullhorn in his racist tweets and shouts.

Ultimately, that will be Donald Trump’s legacy: MARA—Make America Racist Again

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White Nationalist racism is at the core of the Trump/Sessions/Miller immigration agenda. I don’t see how one can push that agenda while denying its underlying ugly intent.

PWS

09-04-18

GRIFTER-IN-CHIEF STICKS IT TO FEDERAL WORKERS! – “Today’s announcement has nothing to do with making government more cost-efficient — it’s just the latest attack in the Trump administration’s war on federal employees.”

https://www.cnn.com/2018/08/30/opinions/donald-trump-is-shafting-federal-workers-begala/index.html

Paul Begala writes @ CNN:

Paul Begala, a Democratic strategist and CNN political commentator, was a political consultant for Bill Clinton’s presidential campaign in 1992 and was counselor to Clinton in the White House. He was a consultant to Priorities USA Action, which was a pro-Obama super PAC before it was a pro-Hillary Clinton super PAC. The opinions expressed in this commentary are his. View more opinion articles on CNN.

(CNN)President Donald Trump ran for office as a populist. He swore to fight for the “forgotten men and women,” a phrase he stole from FDR. But under his presidency, the middle class remains forgotten — hammered is more like it.

President Trump’s announcement that he wants to cancel the 2.1% pay raise for federal workersis just the latest assault on the middle class.
He sent a statement to Congress on Thursday saying we can’t afford to give our people a measly 2.1% bump because — are you ready for this? — “We must maintain efforts to put our nation on a fiscally sustainable course, and federal agency budgets cannot sustain such increases.”
Donald Trump is now worried about the debt. Are you kidding me? That’s like John Dillinger worrying about gun violence. Like Kim Kardashian worrying about being overexposed. Like Donald Trump worrying about spray-tanning and pathological lying.
President Trump championed a tax cut that spends $1.5 trillion on the forgotten corporate class. According to the nonpartisan Tax Policy Center, when the GOP tax bill is fully implemented, an astonishing 83% of its benefit will flow to the top 1%.
The President’s answer to the fiscal meltdown he is causing is not to ask those who’ve gotten the most to pay a little more. It’s to hurt the folks who are already serving us.
Sen. Mark Warner, a Democrat from Virginia, home to numerous federal workers, both in the D.C. area and the Norfolk naval region, called BS on Trump’s newfound fiscal prudence.
“Let’s be clear,” Warner wrote in a statement, “the President’s decision to cancel any pay increase for federal employees is not motivated by a sudden onset of fiscal responsibility. Today’s announcement has nothing to do with making government more cost-efficient — it’s just the latest attack in the Trump administration’s war on federal employees.”
The American Federation of Government Employees, the union that represents 700,000 of the 2 million federal workers, is vowing to fight. “Federal employees have had their pay and benefits cut by over $200 billion since 2011, and they are earning nearly 5% less today than they did at the start of the decade,” said AFGE President J. David Cox Sr. in a press release. He plans to push Congress to go over President Trump’s head and mandate the pay hike.
I hope they win. After all, you get what you pay for. Do you want your overworked air traffic controller to be missing meals and feeling faint? Do you want your Social Security check being handled by someone who’s holding three jobs? How about bridge inspectors and meat inspectors and the folks who fight forest fires? Or the scientists and doctors who are working around the clock to find cures for Alzheimer’s and cancer and HIV/AIDS?
Should they get a pay cut? Do you want the men and women who take on the drug cartels to be worried about making their rent payment? Really?
Worse still, President Trump wants to end what’s known as the “locality pay increase” — an annual adjustment to assist federal workers in parts of the country where the cost of living is high — like, say, the neighborhood Trump Tower is in. So TSA agents at LaGuardia Airport in New York, medical researchers in Atlanta, Drug Enforcement Administration agents in Los Angeles, homeland security professionals in D.C. — all will suffer.
Of course, while federal workers struggle, President Trump has made a fortune from government assistance. One analysis by The New York Times estimates Trump received $885 million in tax breaks from New York alone. And that doesn’t count the millions he’ll get from the tax cut he signed.
You might even say they’ve been forgotten.
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A deficit exploding $1.5 trillion for tax cuts for the upper 1% who don’t need them!  But, in the middle of a booming economy, our Government can’t afford any money for its hard-working employees who are keeping the country running despite Trump’s “Clown Kakistocracy!” Come on man! It’s all a part of Trump’s war on the United States and his scheme to destroy our Government. Sadly, it’s consistent with various proposals from the “Bakuninist Wing” of the GOP over the years.
The solution for those who want our republic to continue: get out to the vote and throw the grifters and their fellow travelers out of office, starting this November!
PWS
08-31-18