CRUEL & UNUSUAL PUNISHMENT: DHS KAKISTOCRACY WANTS TO TARGET FAMILIES WITH CHILDREN FOR SEPARATION AND CRIMINAL PROSECUTION OF PARENTS AS PART OF WAR ON HUMANITY AT OUR SOUTHERN BORDER – Every American Will Bear The Stain Of Our Government’s Actions!

https://www.washingtonpost.com/local/immigration/top-homeland-security-officials-urge-criminal-prosecution-of-parents-who-cross-border-with-children/2018/04/26/a0bdcee0-4964-11e8-8b5a-3b1697adcc2a_story.html

Maria Sacchetti reports for WashPost:

The nation’s top immigration and border officials are urging Homeland Security Secretary Kirstjen Nielsen to detain and prosecute all parents caught crossing the Mexican border illegally with their children, a stark change in policy that would result in the separation of families that until now have mostly been kept together.

If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum. More than 20,000 of the 30,000 migrants who sought asylum during the first quarter — the period from October-December — of the current fiscal year crossed the border illegally.

In a memorandum that outlines the proposal and was obtained by The Washington Post, officials say that threatening adults with criminal charges and prison time would be the “most effective” way to reverse the steadily rising number of attempted crossings. Most parents now caught crossing the border illegally with their children are quickly released to await civil deportation hearings.

The memo sent to Nielsen on Monday — and signed by acting Director of Immigration and Customs Enforcement Thomas Homan, Director of Citizenship and Immigration Services L. Francis Cissna and Customs and Border Protection Commissioner Kevin K. McAleenan — said attempted crossings by parents with children increased to nearly 700 a day last week, the highest level since 2016. The officials predicted that the number will continue to rise if Nielsen does not act.

Lee Gelernt, an attorney with the American Civil Liberties Union who has filed a federal lawsuit in California over earlier instances of family separations at the border, said the proposal would make “children as young as 2 and 3 years old pawns in a cruel public policy experiment.”

. . . .

Philip G. Schrag, a Georgetown law professor and asylum expert, said that expanding the forced separation of parents and children could cause severe psychological harm to families that ultimately might have legal grounds under federal asylum law to remain in the United States permanently.

“I think it’s absolutely wrenching psychologically and terrible for both the children and the parents,” he said. “What are we doing to those children psychologically that will haunt us years down the road if they become Americans?”

Federal officials say asylum applications have skyrocketed in recent years, raising concerns about fraud. Advocates for immigrants say those seeking asylum have legitimate claims under federal law and are fleeing some of the world’s most dangerous countries.

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Read Maria’s complete article at the link.

I associate myself completely with the remarks of my good friend and Georgetown Law colleague Professor Phil Schrag. Cruelty to children is stupid, counterproductive — children are our future — and morally wrong. It will definitely haunt us as a country for generations to come. It’s largely what I said before about the misguided policies of the Obama Administration. But, as with many things, the Trump Administration takes every dumb and wrong immigration policy of the past and multiplies it.

PWS

04-27-18

TRUMP ADMINISTRATION’S EXISTENTIAL THREAT TO NATIONAL SECURITY: Bogus Focus On Harmless Migrants Exercising Legal Rights To Apply For Asylum While Defunding State & Local Response Programs & Ignoring Real Security Threats!

Lawmakers question Trump’s Homeland Security chief over focus on immigrant caravan, border wall

By: Tal Kopan, CNN

The secretary of homeland security faced sharp questioning about agency priorities from lawmakers on both sides of the aisle at a House Homeland Security Committee hearing Thursday, with many expressing deep concerns about whether the Trump administration is properly promoting Americans’ safety.

Democrats in particular questioned Kirstjen Nielsen about the administration’s prioritization of immigration enforcement and the building of a border wall while also seeking to cut funding for state and local governments to prepare for and respond to security threats.

“Tell us how cutting this kind of funding helps America be safer,” demanded Rep. Bill Keating, D-Massachusetts.

The top Democrat on the committee, Mississippi Rep. Bennie Thompson, had sharp words for Nielsen in his opening remarks, accusing the department of intentionally attacking non-dangerous immigrants as a distraction.

“Based on your press releases this week, you would think the most important homeland security problem facing the nation is a handful of Central Americans moving through Mexico,” Thompson said, referring to a caravan of mostly women and children asylum seekers that takes place every year to call attention to the plight of Central Americans. “That does not make it so. … Better to distract the American people from the very real issues facing the department and perhaps from the President’s own problems too.”

In one particularly sharp exchange, Florida Democratic Rep. Val Demings, a former chief of police in Orlando, pressed Nielsen on whether she prioritized the wall and immigration over helping local communities.

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

 

More: http://www.cnn.com/2018/04/26/politics/caravan-border-wall-kirstjen-nielsen-hearing/index.html

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As I’ve said before, Nielsen is an intellectual lightweight, sycophant, and White Nationalist enabler. She proves it almost every time she opens her mouth in public. Her disingenuousness and toadyism make her a threat to our security every day she is in office.

Fortunately, there appear to still be enough professional civil servants in the ranks of DHS somewhere to have averted a national security disaster to date. But, if we survive this Administration, and it’s toxic focus on immigration to the exclusion of real law enforcement and national security problems, it certainly will be in spite of, not because of, folks like Nielsen.

PWS

04-27-18

DACA: SCOFFLAWS TRUMP & SESSIONS OUTED AGAIN — USD Judge John Bates (DC) Finds Administration’s Rationale For Terminating DACA Was Bogus – But, Gives Trumpsters 90 Days To Explain Before Restarting Program! – NAACP v. Trump!

NAACP v. Trump, U.S.D.C., D.D.C., 04-24-18 (Judge John D. Bates)

Read Judge Bates’s 60 page decision invalidating the Trump Administration’s decision to “rescind” DACA and ordering the restart of the program, but delaying the order for 90 days to give the Administration a chance to come up with a legal rationale for recision:

JugeBatesDACA

Key Quote From Judge Bates:

Executive Branch officials possess relatively unconstrained authority to enforce the law against certain violators but not others. Ordinarily, the exercise of that authority is subject to review not in a court of law, but rather in the court of public opinion: members of the public know how their elected officials have used their enforcement powers, and they can hold those officials accountable by speaking out, by petitioning their representatives, or ultimately at the ballot box. When an official claims that the law requires her to exercise her enforcement authority in a certain way, however, she excuses herself from this accountability. Moreover, if her view of the law is incorrect, she may needlessly forego the opportunity to implement appropriate enforcement priorities and also to demonstrate those priorities to the public.

Fortunately, neither Supreme Court nor D.C. Circuit precedent compels such a result. Rather, the cases are clear that courts have the authority to review an agency’s interpretation of the law if it is relied on to justify an enforcement policy, even when that interpretation concerns the lawful scope of the agency’s enforcement discretion. See Chaney, 470 U.S. at 832–33; OSG, 132 F.3d at 812; Crowley, 37 F.3d at 676–77. Under this rule, an official cannot claim that the law ties her hands while at the same time denying the courts’ power to unbind her. She may escape political accountability or judicial review, but not both.

Here, the Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision. And although the government suggests that DACA’s rescission was also predicated on the Department’s assessment of litigation risk, this consideration is insufficiently distinct from the agency’s legal judgment to alter the reviewability analysis. It was also arbitrary and capricious in its own right, and thus likewise cannot support the agency’s action. For these reasons, DACA’s rescission was unlawful and must be set aside.

For the reasons given above, then, the Court will vacate the Department’s September 5, 2017 decision to rescind the DACA program. The Court will stay its order of vacatur for 90 days, however, to afford DHS an opportunity to better explain its view that DACA is unlawful. The Court will also deny the government’s motion to dismiss for lack of subject-matter jurisdiction, its motion to dismiss plaintiffs’ APA claims on reviewability grounds, and its motion to dismiss plaintiffs’ substantive APA claim; grant the government’s motion to dismiss plaintiffs’ procedural APA claim, the NAACP plaintiffs’ RFA claim, and plaintiffs’ information-sharing claim; and defer ruling on the government’s motion to dismiss plaintiffs’ remaining constitutional claims.

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

So, who “won” under Judge Bate’s order? The plaintiffs won a smashing victory on all the significant legal issues. And, Judge Bates appears prepared to not only halt the termination of DACA for those already approved under the program, as other courts have done, but also to order the DHS to resume accepting new applications for those who meet the DACA criteria.

On the flip side, nothing happens for the next 90 days while the DHS searches for a rationale for terminating DACA. I think that’s going to be hard to develop. But, you never know.

This case follows a disturbingly familiar pattern. Trump, Sessions, & Co. institute actions against immigrants based on bias, racism, xenophobia, and campaign promises. They are promptly rejected by the courts as illegal.

Then, the Administration goes “to the drawing board” (they never seriously considered the law in the first place)  in an attempt to come up with a legal rationale (usually a fairly obvious pretext) for their original actions.

That’s why it’s so infuriating to hear an intellectually dishonest scofflaw like Jeff Sessions constantly pontificating about a “rule of law” that actually represents only his own distorted and biased view of the law — likely drawn up for him by one of the restrictionist or White Nationalist groups he likes to hang around with.

Of course, even if Judge Bates eventually rules against the Administration, there no doubt will be an appeal to the DC Circuit. But, without a further stay pending appeal (which seems unlikely given the Supreme Court’s declination to give one in other DACA litigation) DACA would be restarted while the case is working its way through the lower courts, perhaps to the Supremes.

The Administration could easily have avoided this mess by agreeing to a “clean” DACA bill. They likely could even have gotten some “Wall” funding and other enforcement enhancements (short of more unneeded agents or more inhumane and unnecessary detention) thrown in with the deal. But, Trump blew the chance.

So now the fate of DACA is likely to be tied up in the Federal Courts for the indefinite future.

PWS

04-24-18

 

MULTI-TALENTED TAL @ CNN TAKES US TO THE S. BORDER IN PICTURES & WORDS!

http://www.cnn.com/2018/04/19/politics/secretary-nielsen-dhs-border-fence-wall-immigration/index.html

Snapshots from the US-Mexico border

Updated 6:55 PM ET, Thu April 19, 2018

 Here are Tal’s pictures. For whatever technical reason, you’ll have to go to the original article at the link to get the captions that go with them!
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Wow! As those of you who read “Courtside” on a regular basis know, I’m a HUGE FAN of Tal’s timely, incisive, concise, and highly accessible reporting. I feature it on a regular basis. I’ve also seen her do a great job on TV and video. But, until now, I didn’t know about her skills as a photojournalist. Tal can do it all!
Also, as my colleague Judge and Super-Blogger Jeffrey Chase pointed out in one of his recent comments on this blog, pictures play an essential role in understanding the immigration saga in America.
Been there, done that in my career. Takes me back to the long past days of riding three wheelers, helicopters, Patrol Cars, looking through infrared night scopes, and even accompanying foot patrol during my days in the “Legacy INS General Counsel’s Office.” (Most often on the border south of San Diego.) We actually took the Trial Attorneys and some of the Assistant U.S. Attorneys prosecuting our cases with us to show them what it was really like at the “ground level.”
Actually doesn’t look all that much different decades later. What is painfully clear is that walls, fences, helicopters, detectors, unrealistically harsh and restrictive laws, and more detention centers (the “New American Gulag”) will never, ever “seal” our borders as some immigration hard-liners insist is possible.
At best, we can control, channel, and regulate the flow of migrants, but not halt it entirely. Human migration was taking place long before the U.S. became a nation, and I daresay that it will continue as long as there are humans left on earth. To think that walls, troops, concentration camps, harsh laws, and prisons are going to halt it completely is a mixture of arrogance and ignorance.
So, rather than pouring  more money down the drain on the same “strategies” that have been failing for decades, a “smart” border control policy would involve:
  • More realistic and generous interpretations of our refugee and asylum laws that should include most of those fleeing for their lives from the Northern Triangle;
  • A much larger and more “market based” legal immigration system for permanent and temporary migrants that would meet the legitimate needs of U.S. employers and our economy while making it attractive for most prospective workers and employers to use the legal visa system rather than the “black market” of undocumented entry;
  • A larger and more robust refugee processing program for Northern Triangle refugees so most would be screened and documented outside the U.S.;
  • Cooperation with the UNHCR and other stable countries in the Western Hemisphere to distribute the flow of long-term and temporary refugees in an equitable manner that will help both the refugees and the receiving countries;
  • Working with and investing in Mexico and Northern Triangle countries to address and correct the conditions that create migration flows to the Southern Border.
  • Providing lawyers for asylum applicants who present themselves at the Southern Border so that their claims for protection  (which actually go beyond asylum and include protection under the Convention Against Torture) can be fairly, correctly, and efficiently determined in an orderly manner in accordance with Due Process.

No, it’s unlikely to happen in my lifetime. But, I hope that future generations, including the members of the “New Due Process Army,” will find themselves in a position to abandon past mistakes, and develop the smart, wise, generous, humane, realistic, and effective immigration and refugee policies that we need to keep our “nation of immigrants” viable and vitalized for centuries to come. Until then, we’re probably going to have to watch folks repeat variations of the same painful mistakes over and over.

PWS

04-19-18

ELIZABETH BRUENIG @ WASHPOST: Trump Lacks The Moral Authority To Lead A “Just War!”

https://www.washingtonpost.com/opinions/under-trump-there-can-be-no-just-war/2018/04/12/5ea5ab72-3dc5-11e8-a7d1-e4efec6389f0_story.html

Bruenig writes:

. . . .

The moral sense is worth emphasizing. Trump’s White House is characterized not only by permanent chaos but also by constantly shifting flickers of vision — will it be right-populism, typical business conservatism, ultrapatriotic nationalism or something else altogether? One waits to find out each day, which doesn’t bode well for a regime contemplating military action. Moreover, Trump’s campaign — and his presidency — both rested on his gleeful indifference to people fleeing violence, be they immigrants from the global south or refugees from the Middle East. In what world could his administration be expected to become a just steward of their interests now? Is it really possible a government that can’t rush to turn back or exile the helpless fast enough has the moral capability to attempt any kind of just war, much less the practical means to carry it out? I doubt it.

And I worry. Careful restraint is harder than impulsive action; doubting one’s own moral capacities harder than ignoring the matter altogether. This means that governments least equipped to execute just action on the international stage may be the most likely to give it a try anyway, no matter its cost in blood and souls.

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Read the rest of Elizabeth’s article at the link.

The Syrian bombing has absolutely nothing to do with saving lives or taking a stand against the use of chemical weapons and everything to do with power and Trump’s ego. Trump sand his supporters have little difficulty turning their backs on desperate and dying Syrian refugees, including children, (who, unlike the children dying from chemical weapons attacks could actually be saved without too much trouble on the so-called “Western Powers” part) every day of the week.

Nor do they have any difficulty with proposing to truncate the already limited rights of refugee children arriving at our borders, sending them back to near certain abuse, death, or perhaps forced recruitment by gangs in the Northern Triangle. In other words, Trump and his GOP cronies Are “Immoral Situational Opportunists” who care nothing whatsoever for human life except in certain “staged” political contexts such as the abortion debate or debates over “death with dignity laws.” And, even then it has absolutely nothing to do with the lives supposedly at stake and everything to do with political capital to be gained by disallowing free will.

A scummy group won’t be made less scummy by going to war, no matter what the purported cause!

PWs

04-14-18

NBC NEWS CAPTURES THE “NEW AMERICAN GESTAPO” IN THE AGE OF TRUMP PROUDLY VIOLATING US LAW & INTERNATIONAL LAW — Administration Scofflaws Caught On Camera In the Act!

https://www.nbcnews.com/storyline/immigration-border-crisis/video-shows-u-s-agents-trying-dump-injured-man-over-n861146

Superstar immigration reporter Julia Edwards Ainsley reports for NBC News:

WASHINGTON — A video obtained by NBC News shows U.S. Border Patrol agents attempting to break international law by forcing an injured and mentally unstable man back into Mexico by falsely claiming that he is not in their custody, failing to identify him and assuming he is Mexican because “he looks like it.”

U.S. Customs and Border Protection (CBP) provided the video after a whistleblower first alerted NBC News to the existence of the footage. The anonymous videographer was ready to film the encounter because Mexican agents had identified the area as a place where American agents frequently tried to deport migrants covertly, according to a source close to the Mexican government.

The incident occurred at the U.S.-Mexico border in Calexico, California, on March 27, 2017, and sparked a complaint by Mexican officials to CBP, which launched an investigation that ended with the agents being reprimanded, but ultimately keeping their jobs.

Under an agreement between the U.S. and Mexico, Mexican nationals must be properly repatriated through the Mexican consulate, a process that includes fingerprinting and confirming the person’s identity. Only then can they be sent back across the borderon foot or by other means.

If a migrant is not Mexican, such as the tens of thousands crossing from Central America each month, the migrant must be deported by plane back to his or her home country.

The identities of the persons in the video are unknown to NBC News and CBP is withholding their names for privacy reasons.

After being deterred by Mexican agents, as seen in the video, the U.S. border agents allowed the man to walk into traffic on the U.S. side of the border.

Later, and not captured on film, U.S. agents left the man in a park on the American side of the border and lost track of his whereabouts for nearly a month, NBC News has learned. A concerned citizen called the local police when she noticed the man’s “erratic” behavior in the park and he was taken to a hospital for evaluation, according to a law enforcement source.

On April 19, U.S. border agents encountered him again trying to enter the U.S. from Mexico. Only then was the man taken to be processed at the Mexican consulate, where it was determined he was in fact a Mexican national and had been arrested 16 times for illegal entry to the U.S. in Arizona, Texas and California, the law enforcement source said.

Without following the proper procedure, the agents had previously been unable to determine the man’s identity, if he had a viable case for asylum or whether he had a criminal background.

The breach of protocol would have also allowed CBP to avoid cataloging the apprehension in the agency’s database — numbers that President Donald Trump has sought to drive down under his administration to show the rewards of his tough stance on immigration.

“In the video, our actions were not consistent with our normal procedures. Corrective action was taken to ensure all our agents understand their responsibilities of adhering to established processes, practices, and policies,” said Assistant Chief Patrol Agent David S. Kim.

A spokesman for CBP said the footage captured is an “isolated incident.”

But a recent survey by the American Immigration Council of 600 immigrants who were sent back to Mexico found that more than half of the respondents did not receive their repatriation documents and just as many were not asked if they feared returning home, the preliminary question for assessing asylum claims.

The advocacy group’s study also found that almost a quarter of the respondents reported being victims of abuse or aggression by U.S. immigration authorities.

 Boys look through an older section of the border structure from Mexicali, Mexico, alongside a newly-constructed, taller section, left, in Calexico, California on March 5, 2018. Gregory Bull / AP

In a recent high-profile case involving the deportation of a recipient of DACA, a federal program that has allowed children brought into the U.S. illegally by their parents to remain, Juan Manuel Montes, 23, claimed he was forcibly returned to Mexico by CBP agents in the middle of the night. Montes said in a lawsuit that he was told to keep walking until he found himself on the Mexican side of the border. Montes, who was later arrested for attempting to re-enter the U.S., has since dropped the lawsuit.

Immigration attorneys say that agents failing to follow proper deportation protocol is not new to the Trump administration, but they fear these incidents could become more frequent as agents have been given more power to enforce immigration law against non-criminal migrants.

“Attorneys have seen for years the denigration of legal protections for immigrants at the border when CBP fails to follow proper procedure, including turning away asylum seekers at the border and denying them the opportunity to seek protection and summarily deporting people without due process in clear violation of U.S. and international law,” said Greg Chen, director of government relations for the American Immigration Lawyers Association.

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To see the true arrogant ugliness of America under Trump, check out the video at the above link. No, this isn’t an “isolated incident” as CBP falsely claims. It’s “business as usual” at the border under Trump
Folks, this is pretty much what happens in Third World dictatorships that send us refugees and asylum seekers. Under the lawless Trump Administration, CBP Agents openly violate U.S. legal rights, international law, and human rights secure in the knowledge that they now work for regime that will never hold them accountable for anything. America is sinking as a nation  of values and laws every day that Trump and his toxic band are in office.
This is what your kids and grandchildren are going to look back on. They are going to wonder what YOU did to stop Trump, Sessions, Nielsen, and their gang of bullies and scofflaws.
PWS
04-12-18

N. RAPPAPORT IN THE HILL: Trump Follows In Bush’s & Obama’s Footsteps By Sending National Guard To The Southern Border

http://thehill.com/opinion/immigration/382136-by-sending-national-guard-to-border-trump-follows-bush-obama

Family Pictures

Nolan writes:

. . . .

Trump isn’t the first president to use the National Guard this way. Presidents George W. Bush and Barack Obama did it when they were presidents. Their National Guard operations were successful, and Trump’s probably will be too, if his operation is similar to theirs.

Apparently, the Border Patrol feels that way too. According to Brandon Judd, president of the National Border Patrol Council, experience has shown that the military can supplement the work of agents on the ground.

We do not know yet how the troops will be used. The memorandum gives the secretary of Defense, working with DHS and the attorney general, 30 days to submit an action plan detailing what resources and actions are needed, including federal law enforcement and U.S. military resources.

. . . .

In any case, it doesn’t make sense to use the number of apprehensions as the criterion for determining how secure the border is. What about the aliens who were not apprehended? There is no way of knowing how many aliens succeeded in making an illegal entry without being detected by the Border Patrol.

Ultimately, Trump’s decision to send Border Patrol agents to the border should not be considered unusual or inhumane. Instead, it is a continuation of his existing immigration policies and even presidential precedent.

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

As Nolan points out, sending the National Guard to the border is neither unusual nor unprecedented. But, that doesn’t mean it’s smart, effective, or cost efficient.

I’m aware of no hard evidence that sending the National Guard makes any long-term difference in border enforcement or security.

A number of commentators have also questioned whether the somewhat marginal short-term enforcement benefits of sending troops outweighs the substantial costs and negative perception issues. See e.g.,

https://www.dailysignal.com/2014/07/16/sending-military-border-good-idea/

https://www.militarytimes.com/news/pentagon-congress/2018/04/08/what-happened-when-bush-obama-sent-troops-to-mexico-border/

https://www.theguardian.com/us-news/2018/apr/03/trump-mexico-wall-military-guards-obama-bush-not-first-president

https://www.sciencedaily.com/releases/2016/04/160421171156.htm

I see no evidence of any real security crisis at the Southern Border. Certainly, Trump’s panic about the so-called “Caravan” (actually largely made up of desperate women and children) is totally bogus, apparently based on over-hyped reports by Fox News.

It’s obvious that having blown the chance to get funding for his Wall, Trump is looking for some way to hype a non-existent “Southern Border Crisis” to show his base that he hasn’t given up on his racist approach to immigration. He also keeps raising his bogus claims that we need to further truncate the already too limited existing rights of children and asylum seekers and expand the “New American Gulag.” What total BS

There is an ongoing humanitarian crisis in the Northern Triangle causing individuals to undertake the journey North. That’s been going on for many years, and is almost certain to continue as long as folks like Trump are in charge. It’s not like Obama or Bush helped the situation either. Indeed, the US policy toward Latin America has been screwed up during my entire lifetime and shows no signs of changing.

Nothing Trump does is going to change that. Indeed, by almost any rational measure, Trump’s enforcement bluster is likely to make the situation even worse. As a number of commentators have pointed out, if Trump actually goes through with his stated wish to expel Hondurans and Salvadorans currently here in TPS status, that would almost certainly further destablilize both countries, further strengthen the hands of gangs, and guarantee an even larger northward flow.

PWS

04-09-18

 

 

 

JULIE HIRSHFIELD DAVIS IN THE NYT: TRUMP’S BOGUS ORDER ON SO-CALLED “CATCH & RELEASE” DOESN’T ACTUALLY DO MUCH BUT COULD BE PRELUDE TO ALL OUT ASSAULT BY OUR ROGUE, SCOFFLAW ADMINISTRATION ON CONSTITUTION AND LAWS LIMITING CIVIL DETENTION & GRANTING A FAIR RIGHT TO APPLY FOR ASYLUM!

https://www.nytimes.com/2018/04/06/us/politics/trump-immigration-policy.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Julie Hirshfield Davis reports for the NY Times:

President Trump issued a memorandum on Friday directing his administration to move quickly to bring an end to “catch and release,” the practice by which immigrants presenting themselves at the border without authorization are released from detention while waiting for their cases to be processed.

The directive does not, on its own, toughen immigration policy or take concrete steps to do so; it merely directs officials to report to the president about steps they are taking to “expeditiously end ‘catch and release’ practices.” But it is a symbolic move by Mr. Trump to use his executive action to solve a problem that he has bitterly complained Congress will not.

It also caps a week that began with the president offering tough talk on immigration and ended with his ordering the National Guard to patrol the southwestern border, a move formalized on Friday night when Defense Secretary Jim Mattis signed orders to deploy up to 4,000 troops.

“The safety and security of the American people is the president’s highest priority, and he will keep his promise to protect our country and to ensure that our laws are respected,” Sarah Huckabee Sanders, the White House press secretary, said in a statement announcing the memorandum.

“At the same time, the president continues to call on congressional Democrats to cease their staunch opposition to border security and to stop blocking measures that are vital to the safety and security of the United States,” she added.

The memo appears intended to prod the administration to move more rapidly in cracking down on unauthorized immigrants at the border, a goal laid out in an executive order Mr. Trump issued last year during his first week in office.

The latest directive instructs the Departments of Homeland Security, Defense, Justice and Health and Human Services to report to the president within 45 days on their efforts to ensure that those immigrants are detained, including steps taken to allocate money to build detention facilities near the borders. The agencies must also detail efforts to ensure unauthorized entrants do not “exploit” parole and asylum laws to stay in the United States, including evaluating how they determine whether migrants have “credible fear” of returning to their country of origin — the legal bar that people claiming asylum must meet to avoid prompt removal.

The memo also orders a list of existing facilities, including military sites, that could be used to detain those violating immigration law, and detailed statistics on credible claims of fear and how they have been processed since 2009.

The directive gives officials 75 days to report to Mr. Trump on additional resources or authorities they need to end catch-and-release practices. And within 60 days, it asks the secretaries of state and homeland security to submit a report on actions they are taking against countries that “refuse to expeditiously accept the repatriation of their nationals,” including whether the United States has punished them by refusing to grant visas to their citizens — and if not, why not.

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The Trump Administration already stands credibly accused in at least one pending court case of violating its legal duty to consider asylum claims by individuals who apply at ports of entry on the Southern Border. Obviously, such legal violations by our Government promote illegal entry as the only way to vindicate statutory rights. Trump’s outrageous creation of a “false crisis” at the Southern Border should prompt the Article III Federal Courts to enjoin the Administration to comply with the asylum law.

Moreover, further attempts to manipulate the “credible fear” criteria against asylum seekers should also lead to Federal Court review and action against the Administration if, as appears likely, it uses biased criteria to deny the legal right  of individuals in the U.S. or at the border to apply for asylum.

Moreover, asylum applicants who are “in the United States” whether legally or illegally and are in Removal Proceedings are entitled to an individualized bond consideration (unless they are serious criminals or security risks — the overwhelming number of asylum applicants are neither). Attempts to manipulate bond criteria (which have been undertaken to some extent by the last three Administrations) have almost uniformly been rejected by the Article III Federal Courts.

Therefore, the Administration’s legal options might be limited. However, the Administration arguably might have authority under current law to detain asylum applicants who arrive at ports of entry without providing any rational reasons for doing so. That’s likely to be a hotly contested issue in litigation.

Meanwhile, it’s critically important for those of us who support American values and see through the charade being put on by the Trump Administration to elect only U.S. Senators and Representatives who will “Just Say No” to the Administration’s bogus requests for: 1) more unneeded DHS enforcement personnel; and 2) more unneeded detention space in the “New American Gulag” being created by Trump and his White Nationalist reactionaries.

Harm to the most vulnerable is harm to all of us! Join the New Due Process Army and resist the Trump Administration’s contrived assault on America! Due Process Forever! Trump & Sessions Never!

PWS

04-07-18

BEYOND TRUMP’S LIES & RACISM, THERE’S REAL HUMAN TRAGEDY IN HIS MISTREATMENT OF CENTRAL AMERICAN REFUGEES — America’s Election Of Known Unethical Leader Will Haunt Us For Generations To Come!

https://flipboard.com/@flipboard/-most-people-in-the-caravan-are-from-hon/f-808a52c6f5%2Fbuzzfeed.com

Karla Zabludovsky reports for BuzzFeed News:

MEXICO CITY — Two out of three people making their way through Mexico as part of a “caravan” that drew President Donald J. Trump’s ire this week have fled Honduras — part of a recent trend that has seen growing numbers of people escape the country’s exorbitant homicide rates, crippling corruption, increasing political persecution, and a floundering economy.

That is a sharp, recent rise — the number of Hondurans apprehended by US Customs and Border Control increased by 66% from Dec. 2017 to March, according to the Washington Office on Latin America, a human rights group. In February, Mexican authorities detained and deported 4,128 Hondurans, up from 2,780 the previous month. It was the highest number since November 2016.

This exodus comes at a time of extraordinary tensions even for Honduras, a country still reeling from the effects of a coup d’état in 2009. A highly contested presidential election in November drew thousands of demonstrators to the streets, where at least 22 protesters and bystanders were killed, most of them by security forces.

“Honduras is a pressure cooker in every single aspect,” said Bertha Oliva, director of the Committee for Families of the Disappeared and Detainees in Honduras. “We are seeing an unprecedented violation of human rights.”

Repression by the state has continued even months after the election, analysts say. According to Annie Bird, director of the Guatemala Human Rights Commission, government forces have been intimidating protest leaders — people have reported receiving threatening phone calls and being followed by unmarked cars.

Some in the caravan brought their politics with them, shouting slogans against Honduran President Juan Orlando Hernández, who narrowly won a second term last year and is often referred to by his initials, JOH. He has received support from former Secretary of State Hillary Clinton, former President Barack Obama, and Trump, but Hernández’s popularity at home is suffering: Many in the caravan yelled “Out with JOH!” as they set off.

The large number of Hondurans caught Trump’s attention.

“The big Caravan of People from Honduras, now coming across Mexico and heading to our “Weak Laws” Border, had better be stopped before it gets there,” Trump tweeted on Tuesday. In subsequent tweets, Trump renewed calls for his border wall and tougher immigration laws, warning about a “massive inflow of drugs and people” across the border.

Victoria Razo / AFP / Getty Images
A man holds a Honduran national flag as Central Americans -taking part in a caravan called “Migrant Viacrucis”- rest in Matias Romero, Oaxaca state, Mexico on April 2, 2018.

Conditions in Honduras were dire even before the election, with 43.6 murders per 100,000 inhabitants, 55% of the workforce underemployed, extortions to small businesses reportedly on the rise, and endemic corruption.

The Central American nation has one of the highest homicide rates in the world and was called the most dangerous country for environmental activists last year. The government’s efforts to clean up the police force were dealt a severe blow earlier this year, after the Associated Press revealed that the head of the national police had helped a cartel leader deliver nearly a ton of cocaine in 2013. And corruption is widespread: the former first lady was arrested in connection to a graft case in February.

Even the anti-corruption mission backed by the Organization of American States, known for its Spanish initials as Maccih, is languishing without a director after Juan Jiménez Mayor resigned in February, citing a lack of support by the head of the OAS.

In the meantime, Hernández has quietly cemented his power, taking control of most of the country’s institutions, including the Supreme Court, which in 2015 struck down a law forbidding presidents from seeking a second term. His administration continues to receive a portion of the $644 million appropriated by the US Congress to assist Central American governments.

Orlando Sierra / AFP / Getty Images
Left, thousands of supporters of the presidential candidate Salvador Nasralla, hold a demonstration in Tegucigalpa on Dec. 3, 2017. Right, riot police officers and army soldiers, use tear gas and a water cannon to disperse supporters of opposition candidate Salvador Nasralla during protests in Tegucigalpa, on Dec. 18, 2017.

Hondurans went to the polls on November 26 in a tense and highly polarized environment. Already distrustful, many voters were incensed after the Honduran electoral commission mysteriously stopped releasing results for 36 hours just as the opposition candidate, Salvador Nasralla, took a 5 point lead over Hernández. When it resumed, Hernández quickly overtook Nasralla.

Violent protests ensued, with people defying a 10-day curfew declared by the government, which deployed the military and police to the streets. According to the United Nations High Commissioner for Human Rights in Honduras, at least 23 people were killed and at least 60 were injured during the following weeks.

Two days after the election, the State Department certified that the Honduran government had been combating corruption and supporting human rights, a requirement for the US to continue sending it millions of dollars worth of aid.

But a report by the United Nations’ office said that the use of live bullets by security forces “raise serious concerns about the use of excessive lethal force and may amount to extra-judicial killings.”

“The level of desperation has risen since the election,” said Dana Frank, professor of history at the University of California, Santa Cruz. “All signs indicate that the situation is only going to worsen politically, economically, on the human rights front.”

It is unclear whether the post-electoral crisis will push more Hondurans than usual to emigrate this spring, when migrants usually undertake the trek. But despite a clampdown on immigration, Honduran migrants’ are increasingly looking to settle in Mexico, rather than continue on to the US. Last year, 4,272 Hondurans requested asylum in Mexico, up from 1,560 in 2015.

In July, about 86,000 Hondurans living in the US could be forced to leave if their Temporary Protected Status is not renewed. (In January, the Trump administration announced it was ending the program for 200,000 Salvadorans in the country.)

Honduras would struggle to absorb the return of thousands of people and the economy would suffer from the decrease in remittances likely to follow — possibly pushing another wave of Honduras toward the US.

“I call it a self-inflicted wound,” said Eric Olson, deputy director of the Latin America program at the Woodrow Wilson International Center for Scholars in Washington.

“You could create further instability, which leads to further migration.”

We can diminish ourselves as a nation, but that won’t stop human migration.
PWS
04-06-18

TAL @ CNN TAKES YOU INSIDE THE “BORDER NUMBERS” – Not Surprisingly, Trump & Fellow Restrictionist Idiots Declared Premature “Border Victory” Last Year – Most Real Experts Said That Border Numbers Are Cyclical & Can’t Be Controlled From This End – Now That The Experts Have Been Proved Right, Trump & His DHS Sycophants Have Panicked, Dumping On Women & Children To Hide Their Own Incompetence – But, They Still Ignore The REAL Causes Of Migration!

http://www.cnn.com/2018/04/04/politics/border-crossings-spike-trump-effect/index.html

Attempted border crossings surged in March

By: Tal Kopan, CNN

The number of migrants trying to illegally cross into the US at the Mexico border spiked dramatically in March, according to numbers released Wednesday as President Donald Trump announced he was sending National Guard troops to the southern border.

It will take a few months to determine if the spike turns into a full-blown surge similar to a migrant crisis that occurred in 2014, but the increase marked a turn for the administration, which a year ago was touting historically low numbers as the “Trump effect” and is now using the statistics as the reason it needs aggressive new immigration enforcement authorities.

The number of people either caught trying to cross the southern border or rejected for admission increased 37% from February into March, a sudden rise in figures that had been holding relatively steady. The increase was driven especially by a jump in the number of people apprehended trying to cross illegally. The number of families and unaccompanied children trying to come into the US increased at a higher rate than the general population.

Last month’s numbers were three times those of March 2017, when crossings were at their lowest in two decades of records.

That year also defied the usual trend in March, when crossings historically increase as weather improves. In 2013 and 2014, a summer surge of migrants, and especially child migrants, caused a crisis of overcrowding at detention centers and humanitarian concerns. The March uptick lagged those years by several thousand, and numbers in April and May will be key to determining whether the increase marks a trend or a one-off development.

A senior administration official had told reporters on a call Wednesday announcing Trump’s move to send National Guard troops to the border that the numbers were up substantially, using them as a data point in what the President called a “crisis” at the southern border in his memo authorizing troops to be deployed. The monthly numbers were released that evening, slightly ahead of schedule.

Standing at the White House podium Wednesday afternoon, Homeland Security Secretary Kirstjen Nielsen noted the historic drop in border crossings that happened in the first few months when Trump took office, calling it the “Trump effect” and touting the work the administration had done on immigration since.

But the numbers by fall had caught up with levels in the last several years under the Obama administration, and Nielsen cited the same statistics Wednesday that the department once cited as proof of its success as the reason more steps were necessary.

“When the President took office, the traffickers, smugglers, TCOs and the illegal aliens that serve as their currency paused to see what our border enforcement efforts would look like and if we could follow through on the deportation and removal,” Nielsen said. “While we have been apprehending aliens at the border with historic efficiency, these illicit smuggling groups saw that our ability to actually remove those who come here illegally did not keep pace. They saw that there were loopholes they could exploit.”

Illegal migration is driven by a number of elements, including what are known as push and pull factors. The administration has been aggressively targeting what it says are pull factors: perceptions that they argue attract immigrants to the US because they believe they will be able to stay. It has discussed the push factors less often, however: the violent and impoverished conditions in Central America that send migrants north out of desperation.

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Get the full story from the ever-amazing Tal at the above link.

Having stupidly turned down the obvious “Dreamers for Wall” deal that almost anyone else could and would have cut, Trump is desperate to show his base at least some “progress” (or more accurately “regress’)  on the border.

The facts are: 1) there’s no border crisis; 2) the only immigration crisis is that Trump, Sessions and the GOP restrictionists keep perpetuating failed immigration policies; 3) we’re effectively at full employment; 4) the current so-called “undocumented” population is overwhelmingly law-abiding; 5) immigration, both legal and undocumented, has been an essential driving force behold America’s continuing economic success; 6) the border is as well controlled as it ever has been or likely ever will be; 7)  DHS Enforcement is so grossly overstaffed and the so-called “criminal alien” population is so small that ICE and CBP agents have little legitimate law enforcement work to do and consequently have turned to “busting” gardeners, maids, roofers, nannies, students, kids, and a wide range of other counterproductive activities to justify their continued existence.

We don’t need more immigration enforcement. What we do need is smarter immigration enforcement. But with biased xenophobes like Trump, Sessions, Miller, Nielsen, and Homan running the show we’re not going to get that without some much-needed “regime change.”

Wake up America! Harm to the most vulnerable among us is harm to all! We can diminish ourselves as a nation, but that won’t stop human migration!

PWS

04-05-18

 

OUR FEAR-MONGERING LEADERS WANT YOU TO BE SCARED OF REFUGEES ARRIVING AT OUR SOUTHERN BORDER – DON’T BE! – Here’s What The Overhyped “Caravan” Actually Looks Like! — “Who wants to leave their country, the comfort of their home, their families?” she asked. “It’s a very difficult thing.”

https://www.nytimes.com/2018/04/04/world/americas/mexico-trump-caravan.html

Kirk Semple reports for the NY Times:

Photo

Central American migrants, members of a group making its way through Mexico, waited in line on Wednesday to review their visa status at a temporary camp in Matías Romero.
CreditBrett Gundlock for The New York Times

MATÍAS ROMERO, Mexico — With a sarcastic half-smile, Nikolle Contreras, 27, surveyed her fellow members of the Central American caravan, which President Trump has called dangerous and has used as a justification to send troops to the border.

More than 1,000 people, mostly women and children, waited patiently on Wednesday in the shade of trees and makeshift shelters in a rundown sports complex in this Mexican town, about 600 miles south of the border. They were tired, having slept and eaten poorly for more than a week. All were facing an uncertain future.

“Imagine that!” said Ms. Contreras, a Honduran factory worker hoping to apply for asylum in the United States. “So many problems he has to solve and he gets involved with this caravan!”

The migrants, most of them Hondurans, left the southern Mexican border city of Tapachula on March 25 and for days traveled north en masse — by foot, hitchhiking and on the tops of trains — as they fled violence and poverty in their homelands and sought a better life elsewhere.

This sort of collective migration has become something of an annual event around Easter week, and a way for advocates to draw more attention to the plight of migrants.

But this particular caravan caught the attention of Mr. Trump, apparently after he heard about it on Fox News. In a Twitter tirade that began Sunday, he conjured up hordes of dangerous migrants surging toward the border. He demanded that Mexican officials halt the group, suggesting that otherwise he would make them pay dearly in trade negotiations or aid cuts.

Mr. Trump even boasted that his threat had forced Mexico’s government to halt and disperse the caravan participants. But there was no evidence of that on Wednesday.

. . . .

Irineo Mujica, Mexico director of People Without Borders, an advocacy group that is coordinating the caravan, called Mr. Trump’s Twitter attacks and promise of a militarized border “campaign craziness.”

“There are 300 kids and 400 women,” he said. “Babies with bibs and milk bottles, not armaments. How much of a threat can they be?”

. . . .

The group, organizers and advocates said, represented a regional humanitarian problem, not a security crisis for the United States, as Mr. Trump has suggested.

“What he’s attacking is a supremely vulnerable population,” said Gina Garibo, projects coordinator in Mexico for People Without Borders.

In response to Mr. Trump’s tweets and his plans to militarize the border, the Mexican Senate unanimously passed a nonbinding statement on Wednesday urging President Enrique Peña Nieto to suspend cooperation with the United States on immigration and security matters — “as long as President Donald Trump does not conduct himself with the civility and respect that the Mexican people deserve.”

Caravan organizers also said their intent was never to storm the border, especially not with a caravan of this size. While the original plan included the possibility of escorting the caravan to the northern border of Mexico, organizers had expected the group to mostly dissolve by the time it had reached Mexico City.

. . . .

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Read the complete article along with more pictures of ordinary folks forced to make an extraordinary journey at the link.

There has never been any doubt that folks like Trump, Sessions, Miller, Nielsen have nothing but contempt for the truth, laws, and human life. But, they also think that the American people are pretty stupid to fall for the “fantasyland claptrap” that they throw out to drum up support for their racist restrictionist ambitions.

Although you’ll never hear it from the disingenuous Trumpsters, individuals arriving at our borders have a legal right to apply for asylum guaranteed by both U.S. and international law. Most of the “law-breaking” involves the actions of the Trump DHS. By refusing to properly process asylum applicants at legal ports of entry, the Administration actually encourages illegal entry and the use of smugglers.

The only real “crisis” at the Southern border is a humanitarian one that this and past Administrations have had key roles in creating through failed immigration and foreign policies. Without better, smarter government, we’re bound to deep repeating the same mistakes.

Don’t fall for it!

PWS

04-05-18

 

TOTALLY UNHINGED PREZ PANICS & SENDS NATIONAL GUARD TO BORDER TO “GUARD” US AGAINST A FEW HUNDRED UNARMED (LARGELY) SCARED WOMEN & CHILDREN SEEKING LEGAL REFUGE FROM NORTHERN TRIANGLE! – Wow, What Would This Guy Do If Ever Faced With A REAL Crisis? — Lightweight Sycophant Nielsen Has No Idea How & Why We’re Doing This Except To Read Off Of Moronic Restrictionist Cue Cards! Trump’s Attempt To Manufacture “Border Crisis” To Appease “Base” Both Wasteful & Unconnected To Reality!

http://www.cnn.com/2018/04/04/politics/trump-national-guard-troops-border/index.html

Trump admin sending National Guard troops to the US-Mexico border

By Tal Kopan, CNN

President Donald Trump will sign a proclamation directing agencies deploy the National Guard to the southwest border, Homeland Secretary Kirstjen Nielsen announced Wednesday.

“The President has directed that the Department of Defense and the Department of Homeland Security work together with our governors to deploy the National Guard to our southwest border,” Nielsen said at the White House.

The formal move follows days of public fuming by Trump about immigration policy, during which he has tweeted about immigration legislation in Congress, a caravan of migrants making its way through Mexico and what he calls weak border laws.

Since the passage of the government spending package for the year — which included $1.6 billion for border security but only a few dozen miles of new border barrier construction and a nearly equal amount of replacement fencing — Trump has been critical of Congress for denying him more money. Trump privately floated the idea of funding construction of a southern border wall through the US military budget in conversations with advisers, two sources confirmed to CNN last week — a plan that faces likely insurmountable obstacles in Congress.

Sending National Guard troops to the border is not unprecedented. Both of Trump’s predecessors also did so, though the moves were criticized for being costly and of limited effectiveness.

US law limits what the troops can actually do. Federal law prohibits the military from being used to enforce laws, meaning troops cannot actually participate in immigration enforcement. In the past, they’ve served support roles like training, construction and intelligence gathering.

From 2006-2008, President George W. Bush deployed 6,000 guardsmen to Southern border states, costing $1.2 billion and assisting with 11.7% of total apprehensions at the border and 9.4% of marijuana seized in that time.

From 2010-2012, President Barack Obama sent 1,200 guardsmen to the border to the tune of more than $110 million, and they assisted with 5.9% of the total apprehensions and 2.6% of the marijuana seizures on the border.

 

CNN’s Catherine Shoichet, Dan Merica and Betsy Klein contributed to this report

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Read Tal’s complete report at the link.

Here’s what you really need to know:

  • There’s no “border crisis” facing us except for that created in the minds of Trump and his White Nationalist restrictionist cronies;
  • The real threat to our “National Security” is Trump and his White Nationalist cabal;
  • According to all reliable reports, the few hundred “caravan” members who actually get to the border (the majority are “dropping out,” remaining in Mexico, or already have been removed by Mexican authorities) merely intend to apply for asylum, after consulting with lawyers, which they have every right to do under both U.S. and international law;
  • The more serious issue is that many observers have reported that the Trump DHS is violating U.S. and international laws by refusing to allow individuals who properly present themselves at a port of entry to apply for asylum (there is a law suit currently pending on this issue);
  • Trump is wasting time, money, personnel, and attention on a false “self-created” crisis that presents no realistic threat to the U.S.;
  • The Obama and Bush II Administrations did largely the same thing with disastrous results (actually helping to generate the “Aimless Docket Reshuffling” culminating in today’s near-700,000 Immigration Court case backlog).

When will we ever learn, when will we ever learn?

PWS

04-04-18

 

 

 

TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!

How Trump’s policies could worsen the migration issue he says he wants to solve

By Tal Kopan, CNN

President Donald Trump in recent days has decried “weak” US border laws that he says leave the US vulnerable to unfettered immigration — but some of his policies could have the effect of worsening a Central American migrant crisis.

Even as the Department of Homeland Security says the southern border “is more difficult to illegally cross today than ever before,” Trump has stepped up his hardline immigration rhetoric, calling on the US military to guard the US-Mexico border until his long-promised wall is complete. He’s hammered Mexico and other countries for policies that he says are disadvantageous to the US and that send unsavory individuals into the country.

But experts say the President has been pursuing other policies that could substantially harm Central America — and in doing so, he risks creating conditions that generate the exact kind of mass exodus north that he talks about wanting to solve.

Immigration is driven by what are called push and pull factors. The US has been seeking aggressive immigration powers to cut down on what they say are pull factors — the perception that immigrants can live illegally with impunity in the US. But those very policies could affect push factors — the conditions of poverty and violence that drive immigrants elsewhere out of desperation.

“The US sort of talks out of both sides of its mouth,” said Eric Olson, a Latin America expert at the nonpartisan Wilson Center.

“If you’re investing in the region to address the drivers of migration and at the same time pursuing a policy of large-scale deportation, or at least potentially large-scale deportation, and you’re creating more obstacles for people leaving the region for reasons like violence and so on, you’re really creating more instability, not less instability.”

(Much) more: http://www.cnn.com/2018/04/04/politics/trump-migration-central-america/index.html

 

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As Tal says, there’s much, much more to her report on the total stupidity and counter-productivity (not to mention inhumanity) of the Trump Administration’s “Gonzo” enforcement policy.  Go on over to CNN at the link to get the full picture.

I’ve been saying for some time now that Trump is pursuing facially “hard-line” policies that are proven failures. Indeed, that forced migration from Central America is a phenomenon that spans four decades and six different Administrations with varying degrees of  “same old, same old” would suggest to rational leadership that a different approach is required.

Contrary to Trump’s oft-made bogus claim, his is not the first Administration to try a “close the border, detain and deter” policy.  Beginning with Reagan, every Administration has tried largely the same thing (although perhaps without some of the inflammatory and outright racist rhetoric favored by the Trumpsters) and all have failed. I know because I’ve been involved in some aspect of trying to implement those failed policies in at least four of those Administrations, two GOP and two Democrat.

That’s why the trend of migration from the Northern Triangle continues and will continue and fester until we get some enlightened leadership that 1) correctly applies our refugee and protection laws in the generous humanitarian spirit they were intended; and 2) recognizes and starts to deal effectively with the “push” issues in the sending countries.

Contrary to the false narrative spread by current Administration, most Central American refugees that I encountered personally during my career would have preferred to remain in their home countries, if political and country conditions had permitted it. Indeed, many were forced by targeted violence to give up promising careers, studies, or businesses to flee for their lives to the U.S. Here, they often had to perform “entry-level” work to support themselves unless and until they achieved some type of legal status (often TPS , asylum, withholding of removal, CAT relief, Special Immigrant Juvenile (“SIJ”) status, or a green card under NACARA).

Of course, many were denied protection despite having very credible, well-documented fears of harm because they didn’t fit the intentionally restrictive asylum criteria engineered by the BIA over several Administrations largely as a result of political pressure on the system to be “unwelcoming” to Central American migrants.  Some of those who returned were killed or disappeared;  others were tortured or attacked again and forced to flee second or third times, now bearing the scars or injuries to prove their cases — only as “prior deportees” they were no longer eligible for asylum but had to accept withholding of removal or CAT deferral.

Nobody in this Administration, and sadly relatively few in Congress and among the public, are willing to deal honestly with the phenomenon of Central American migration and the “push factors” that will never, ever be controlled by more restrictive laws, more violations of statutory, Constitutional, and international rights, inhumane and life-threatening detention , and racist rhetoric. Nor will it be stopped by any bogus “Wall.”

As I’ve said before, “We can diminish ourselves as a nation, but that won’t stop human migration!” If only someone would listen!

PWS

04-04-18

 

 

FACED WITH PREDICTABLE FAILURES OF “GONZO” IMMIGRATION POLICIES, TRUMP DOUBLES DOWN ON RACISM — “Browning Of America,” Hispanic Americans, Real Targets Of The “New Jim Crow!”

https://www.washingtonpost.com/opinions/trump-is-hoping-youre-too-stupid-to-notice/2018/04/02/b20a6e9a-36a6-11e8-8fd2-49fe3c675a89_story.html

Eugene Robinson writes in WashPost:

. . . .

Leaving aside Trump’s rather Germanic approach to capitalization, that tweet is an occasion to paraphrase Mary McCarthy’s famous quip about Lillian Hellman: Virtually every word is a lie, including “and” and “the.” Democrats repeatedly offered to deal on DACA, as did Trump. No newcomers could possibly “get onto the DACA bandwagon,” because only immigrants who were brought here before 2007 were eligible. And immigrants are less likely to commit crimes than native-born citizens.

Why such a frenzy of untruth? Because Trump apparently sees anger building among his most fervent supporters over his utter failure to deliver on what they understood as his central campaign promise: to halt or reverse the flow of Latino immigration and the “browning” of America.

That’s what this is really about. On the emotional level, Trump appealed to white Anglo chauvinism. He skillfully stoked the anger and resentment of those who are annoyed when they phone the electric company to straighten out a bill and are told to press 1 for English, press 2 for Spanish. When he writes things like “our country is being stolen,” it’s crystal-clear who’s supposed to be stealing it.

What I didn’t realize during the campaign was that Trump’s base realized he could never fulfill his absurd pledge to deport all of the estimated 11 million people who are here without papers. But his supporters did expect him to do something to stem what they see as an invasion — something concrete and unambiguous. Like the promised wall.

. . . .

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Read Robinson’s complete article at the link.

White nationalism, racism, voter suppression, environmental destruction, rewarding fat cats, punishing ordinary folks and “enemies,” unnecessary trade wars, loss of international standing and leverage, destruction of honest government, war on public education, lies, immorality, greed, unethical behavior, those are what Trump and today’s sick GOP stand for. And that’s what the folks who continue to support this parody of a President and mockery of humane American values are aligning themselves with.

This is a time when the lines between human decency — the right side of history —  and all the “worst things about America” — the wrong side of history — have clearly been drawn. I wonder what Dr. King would think if he were still living?

PWS

04-03-18

 

 

YUP, TRUMP’S RIGHT: They’re Laughing In Mexico, But It’s At Trump’s Immigration Lunacy!

https://www.washingtonpost.com/news/worldviews/wp/2018/04/01/why-a-u-s-bound-caravan-of-central-american-migrants-is-getting-trumps-attention/?utm_term=.4d9526258823

Alex Horton reports for WashPost:

In a three-tweet salvo Sunday morning, Trump decried recent struggles with congressional Democrats to reach a deal that would legalize the status of millions of “dreamers” — undocumented immigrants who were brought to this country as children.

“Border Patrol Agents are not allowed to properly do their job at the Border because of ridiculous liberal (Democrat) laws like Catch & Release,” Trump said in his first tweet. “Getting more dangerous. ‘Caravans’ coming. Republicans must go to Nuclear Option to pass tough laws NOW. NO MORE DACA DEAL!”

DACA refers to the Obama-era Deferred Action for Childhood Arrivals program, which Trump ended in the fall. The program had allowed dreamers to live in the country without fear of deportation.

Trump, a self-proclaimed “Fox & Friends” fan, appears to have fired off the tweets in response to a segment on the program in the morning (at least the National Border Patrol Council sees a connection, it claimed in a post afterward).

Why are they moving in a caravan?

The Fox News opinion segment was in response to a BuzzFeed report on Friday that more than a thousand Central Americans, primarily from Honduras, were winding their way up through Mexico to the U.S. border on a nearly month-long trip that began March 25. These migrants are looking to seek asylum from criminal elements back home or slip into the United States undetected.

Moving in a large group is expected to blunt the efforts of criminal gangs and cartels known to isolate and later rob immigrants, many of whom bring large sums of money to make the long journey north through Mexico. The caravan organizers, Pueblos Sin Fronteras, or People Without Borders, appeared to have concluded that it is safer for these people to travel together.

That trip can be deadly as people find their way along various routes that go directly north to Texas, northwest to Arizona or along the coast to California.

Just about every route is more than a thousand miles long and is canvassed by robbers and corrupt police who shake down the immigrants, who have little access to legal recourse. A network of commercial locomotives is veined throughout Mexico in a 1,450-mile cannonball run. Migrants ride on top of the trains, occasionally falling off and breaking bones or suffering severe dehydration.

Central American immigrants get on the “La Bestia” cargo train in Arriaga, Mexico, on July 16, 2014, in an attempt to reach the Mexico-U.S. border. (Elizabeth Ruiz/AFP/Getty Images)

Members of the caravan said they would attempt to ride the trains, but in 2014, more guards and trains moving faster through stations made it more difficult for migrants to catch rides.

Migrants have many names for the trains, such as “El tren de los desconocidos” (the train of the unknowns) and “El tren de la muerte” (the train of death).

But its most common name is “La Bestia”: the Beast.

What is Mexico doing about the flow of migrants?

“Mexico is doing very little, if not NOTHING, at stopping people from flowing into Mexico through their Southern Border, and then into the U.S. They laugh at our dumb immigration laws. They must stop the big drug and people flows, or I will stop their cash cow, NAFTA. NEED WALL!” Trump said in his second tweet.

Mexico is doing something — with the help of the United States. Hundreds of millions of dollars in aid flow to Mexico every year, including funds for strengthening its border with Guatemala, where migrants generally cross.

Billions in additional spending authorized by President Barack Obama in 2014 was prompted by thousands of unaccompanied minors arriving on the U.S.-Mexico border, mostly Central Americans fleeing horrific crime waves and economic crises in Honduras, El Salvador and Guatemala. About 300,000 migrants were detained by Mexican authorities in the next two years.

The caravan began in Tapachula, BuzzFeed reported, nestled just on the other side of the border, and no authorities in Mexico appear to have stopped it as of Friday.

What is Trump doing about it?

Trump’s proposals to reduce aid to Mexico would raise the possibility that the country would be less able to stem flows of migrants and drugs coming across its border.

The president has been caught in a contradiction of policy on the border before.

The budget for the U.S. Coast Guard stayed flat in 2018 despite spending increases across the Pentagon (the Coast Guard falls under the Department of Homeland Security). But the service seizes three times as much cocaine moving by sea as what U.S. agencies intercept at border checkpoints, putting a dent into Trump’s argument that a border wall would dry up the supply of hard drugs in the United States.

Trump has been more focused on DACA and the border wall lately. He has suggested that the program may be the reason the caravan has massed.

“These big flows of people are all trying to take advantage of DACA. They want in on the act!” Trump said in a tweet.

He later said outside a church before Easter services Sunday: “A lot of people are coming in because they want to take advantage of DACA. They had a great chance. The Democrats blew it.”

But that description of DACA appears to misrepresent the program’s intent, which was to provide protection for immigrants who were brought to the United States illegally as children. The adults in the caravan wouldn’t qualify for DACA. White House press secretary Sarah Huckabee Sanders did not respond to a request for comment on the matter.

“I asked some of the migrants on the caravan what they thought about Trump saying they were going to the US for DACA,” BuzzFeed reporter Adolfo Flores tweeted Sunday. “Some laughed and others said they thought (correctly) they wouldn’t qualify.”

Flores reported Friday afternoon that the caravan had gone more than 200 miles northwest in less than a week, crossing into the Mexican state of Oaxaca.

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Trump, Sessions, Miller, Homan, Nielsen and the rest of the White Nationalist cabal live in their own parallel universe where bias, hate, racism, xenophobia, lies, fears, cowardice, and political manipulation block out any rays of truth or reason.  It’s certainly bad for our country to have such distorted, divisive, dishonest, and incompetent leadership. But, it’s a fact of life that the rest of us just have to deal with if we want to live in the present moment and try to prevent future disasters.

Undoubtedly, the Trump Administration’s inhumane and short-sighted policies will inflict some unnecessary pain and hardship on individuals who otherwise would be our friends and become loyal and productive members of our society. But, it’s unlikely that any of Trump’s blustering or the Administration’s “Gonzo” immigration enforcement policies and “Alice in Wonderland” pronouncements will have much lasting effect on migration patterns except, perhaps, to increase the number of people living in the United States without documents by artificially shutting down some of the existing paths that encourage individuals to come forward and obtain documentation or to enter the U.S. through the legal system in the first place. As with so much that this Administration is doing, it will be left for future generations to clean up the mess.

Wow, if these pathetic Dudes who supposedly govern us are this afraid of a few ragtag scared refugees moving north, what would they do in the face of a real army, a real invasion, and a real danger to our country? There wouldn’t be enough desks in Washington for them all to hide under!

PWS

04-02-18