Wall – Page 45 – immigrationcourtside.com

BREAKING: WashPost: DHS Memos Detail Ramped Up Enforcement — Key Provisions: 15,000 More Agents, More Detention, Expanded Expedited Removal, Return To Mexico Pending Hearings, Target U.S. Parents Of Smuggled Kids, More Use Of Locals To Enforce Immigration Laws, PD Restricted, More IJ Televideo To Border, More Scrutiny of Credible Fear — Border Patrol Union Happy — DACA Remains (For Now) — David Nakamura Reports — Read Memos Here!

https://www.washingtonpost.com/politics/memos-signed-by-dhs-secretary-describe-sweeping-new-guidelines-for-deporting-illegal-immigrants/2017/02/18/7538c072-f62c-11e6-8d72-263470bf0401_story.html?hpid=hp_rhp-top-table-main_dhs815pm%3Ahomepage%2Fstory&utm_term=.bcdb7a1851e0

“Homeland Security Secretary John F. Kelly has signed sweeping new guidelines that empower federal authorities to more aggressively detain and deport illegal immigrants inside the United States and at the border.

In a pair of memos, Kelly offered more detail on plans for the agency to hire thousands of additional enforcement agents, expand the pool of immigrants who are prioritized for removal, speed up deportation hearings and enlist local law enforcement to help make arrests.

The new directives would supersede nearly all of those issued under previous administrations, Kelly said, including measures from President Barack Obama aimed at focusing deportations exclusively on hardened criminals and those with terrorist ties.

. . . .

The memos don’t overturn one important directive from the Obama administration: a program called Deferred Action for Childhood Arrivals that has provided work permits to more than 750,000 immigrants who came to the country illegally as children.”

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Here are the two memos signed by Secretary Kelly (thanks to Professor Alberto Benitez):

http://www.mcclatchydc.com/news/politics-government/white-house/article133607784.ece/BINARY/DHS%20enforcement%20of%20immigration%20laws

http://www.mcclatchydc.com/news/politics-government/white-house/article133607789.ece/BINARY/DHS implementation border security policies

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Looks like everything is a “priority,” almost everyone will be detained, and DHS Assistant Chief Counsel won’t be offering PD or other negotiated “deals” except in extraordinary situations.

It’s not even clear from this whether the ACCs will still have authority to “waive appeal” in cases where the DHS loses. If not, that means that the BIA could also be overwhelmed with marginal DHS appeals.

While one of the memos notes the 534,000 Immigration Court backlog, there is a total disconnect in putting all these new priorities into Immigration Court without any plan for dealing with the 534,000 already there. (Most folks already here arrived at least two years ago, so even the greater use of expedited removal will leave hundreds of thousands of potential new filings for the Immigration Courts.)

When everything is a priority, nothing is a priority! Looks to me like another ill-conceived, “built to fail,” scheme. Over time, these plans are likely to be taken apart by the Article III Courts, bit by bit, piece by piece, until we have total chaos in the immigration enforcement system. Haste makes waste.

PWS

02/18/17

Cost Overrun — Border Wall Tab Now Up To $21.6 Billion — To Paraphrase The Late GOP Sen. Ev Dirksen, A Billion Here, A Billion There, Soon You’re Talking About Real Money!

http://www.huffingtonpost.com/entry/trump-border-wall-cost_us_589cf9d9e4b0ab2d2b13ae7b?ytwsf6htga11exw29

From HuffPost:

“WASHINGTON, Feb 9 (Reuters) – President Donald Trump’s “wall” along the U.S.-Mexico border would be a series of fences and walls that would cost as much as $21.6 billion, and take more than three years to construct, based on a U.S. Department of Homeland Security internal report seen by Reuters on Thursday.

The report’s estimated price-tag is much higher than a $12-billion figure cited by Trump in his campaign and estimates as high as $15 billion from Republican House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.

The report is expected to be presented to Department of Homeland Security (DHS) Secretary John Kelly in coming days, although the administration will not necessarily take actions it recommends.

The plan lays out what it would take to seal the border in three phases of construction of fences and walls covering just over 1,250 miles (2,000 km) by the end of 2020.”

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PWS

02/10/17

“Duh” Articles Of The Week: Rural Trump Supporters Discover They Are Likely To Feel The Brunt Of His Trade & Immigration Policies!

From the WSJ:

https://www.wsj.com/articles/trade-punishment-for-trump-voters-1486686758

“Global competition has forced U.S. farmers to become efficient and productive, but the reality is that other countries have arable land and willing labor. They can replace U.S. agriculture in a tariff war. Australia has a trade deal with Japan, and exports Down Under will have an advantage over American beef and wheat. U.S. beef imports to Japan will face high tariffs that the Trans-Pacific deal would have phased out or reduced. Mexico has bilateral trade deals with Chile, the European Union and others, and may buy more from Canada.

The bigger political picture for the Trump White House is that U.S. agriculture is already struggling amid a strong dollar and declining export volumes. Net farm income dropped 15% to about $68 billion last year, the lowest since 2009, according to the Agriculture Department. Unless Mr. Trump wants to compensate with more taxpayer subsidies, the best way to boost incomes is to let farmers sell in more markets, not fewer.

One reason the U.S. benefits from free-trade deals is that America has among the lowest import barriers on earth (5% average for agriculture), so new agreements tear down levies abroad and open new markets. President Trump should consider that reality before escalating on trade—and betraying the Farm Belt voters who are relying on him to bring growth and opportunity.”

WSJ Subscribers can read the full opinion piece at the link.

From the NYT:

https://www.nytimes.com/2017/02/09/us/california-farmers-backed-trump-but-now-fear-losing-field-workers.html?smprod=nytcore-iphone&smid=nytcore-iphone-share

“They are hopeful Mr. Trump will not make good on most of his threats. “Quien más habla, menos hace,” they tell each other — the more you talk, the less you do. There are too many of them, they reason, to throw them all out.

“We’re just waiting and praying, hoping that somebody can convince them that we are not hurting anyone by being here,” said Isabel Rios, 49, who has been picking grapes for the last two decades. Like most women in the fields, she covers her face with a bandanna to protect against the blaring sun, dust and pesticides. Her two children, 9 and 18, are American-born citizens and she worries what will happen to them if she is sent back to Mexico. “Who will benefit if we are not here?”

Mr. Marchini, the radicchio farmer, said he felt similarly after seeing generations of workers on his family farm send their children to college and join the middle class. Mr. Marchini’s family has farmed in the valley for four generations and he grew up working side by side with Mexican immigrants.

He said that no feasible increase in wages or change in conditions would be enough to draw native-born Americans back into the fields.

It was the other conservatives, Mr. Marchini said, who were out of touch about how to deal with foreign workers. “If you find a way to get in here,” he said, “there’s a need for what you do.”

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PWS

02/10/17

Adweek: Controversial Super Bowl Ad From 84 Lumber Highlights Migration Theme

http://www.adweek.com/brand-marketing/the-ending-of-84-lumbers-super-bowl-ad-is-a-beautiful-and-provocative-take-on-immigration/

“Maggie Hardy Magerko, owner and president of 84 Lumber, a little-known Pennsylvania-based building material supplier, has been called crazy for buying 90 seconds of airtime on the Super Bowl—a telecast that’s been commanding ad rates of over $5 million for 30 seconds.

Then she went and gave the ad a political theme. And not just any political theme. It’s about immigration, at a time when the issue couldn’t be more divisive.

Fox rejected its original script, so the company and its agency, Brunner in Pittsburgh, divided the piece into two parts. A 90-second section of the short film—a teaser, essentially—just aired on Super Bowl LI. The conclusion was posted to journey84.com.

And a remarkable conclusion it is. Watch it here:

The vision of the giant wall, which of course is not yet built; the American flag that the girl pieces together; the enormous doorway, which is what the workers were building; the onscreen line “The will to succeed will always be welcome here”—it all adds up to a very poetic pro-immigration statement of tolerance.

That message, of course, is one that will be embraced widely by many—and rejected angrily by others. And it will likely make Budweiser and Audi’s mild ad controversies over the past week pale in comparison.

In the run-up to the Super Bowl, Magerko said the ad shouldn’t be considered provocative at all. In fact, she says she voted for Donald Trump in the election, and the image of the door in the wall comes directly from Trump himself, who said he wanted a “big beautiful door” in his wall, for legal immigration. (See the video below.)”

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Go over to Adweek at the link to read the full story and watch the entire commercial.

PWS

02/05/17

Newsweek: Bannon Wants “American Gulag” — Will Anyone Have The Guts To Stop Him?

http://www.newsweek.com/steve-bannon-fever-dream-american-gulag-551472

Jeff Stein writes in this week’s Newsweek:

“Imagine: Miles upon miles of new concrete jails stretching across the scrub-brush horizons of Texas, New Mexico, Arizona and California, with millions of people incarcerated in orange jumpsuits and awaiting deportation.

Such is the fevered vision of a little-noticed segment of President Donald Trump’s sulfurous executive order on border security and immigration enforcement security. Section 5 of the January 25 order calls for the “immediate” construction of detention facilities and allocation of personnel and legal resources “to detain aliens at or near the land border with Mexico” and process them for deportation. But another, much overlooked, order signed the same day spells out, in ominous terms, who will go.

Trump promised a week after the November elections that he would expel or imprison some 2 million or 3 million undocumented immigrants with criminal convictions—a number that exists mainly in his imagination. (Only about 820,000 undocumented immigrants currently have a criminal record, according to the Migration Policy Institute, a nonpartisan think tank. Many of those have traffic infractions and other misdemeanors.)

Still, the spectre of new, pop-up jails housing hundreds of thousands of people is as powerful a fright-dream for liberals as it is a triumph for the president’s “America first” Svengali, Steve Bannon. But, like the fuzzy Trump order dropping the gate on travelers from seven Muslim-majority states, the deportation measure presents so many fiscal and legal restraints that is also looks suspiciously like just another act of ideological showboating from the rumpled White House strategy chief.

“I’m a Leninist,” Bannon proudly proclaimed to the writer Ronald Radosh at a party at his Capitol Hill townhouse in November 2013. “Lenin,” he said of the Russian revolutionary, “wanted to destroy the state, and that’s my goal too. I want to bring everything crashing down, and destroy all of today’s establishment.”

The executive orders were “not issued as result of any recommendation or threat assessment made by DHS to the White House,” Department of Homeland Security officials conceded in a closed-door briefing on Capitol Hill Wednesday, according to a statement from Missouri Senator Claire McCaskill. They were all Bannon-style revolutionary theater.

. . . .

Expect DHS to start advertising for bids from private prison operators, a much-maligned industry that was collapsing in the latter years of the Obama administration. Two of the largest, GEO Group Inc. and CoreCivic Inc., are already seeing windfalls from their second chance at life: Their stock prices have nearly doubled since the election.

All of which recalls another Leninist idea that Bannon may have forgotten: Prisons are universities for revolution.”

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Stein’s article confirms what many of us had suspected all along — these draconian and unnecessary measures were were “’not issued as result of any recommendation or threat assessment made by DHS to the White House.’” No, they were part of a pre-hatched anti-immigrant, anti-Muslim program cooked up by Bannon and others in the White House to “make good” on Trump’s campaign promises (regardless of whether the measures were necessary of sensible).

But they will be a boon for two important U.S. industries: the private prison industry and the legal industry, as both sides “lawyer up” for a long-term, avoidable, and wasteful fight. Who needs foreign enemies when the Administration is so determined to wage warfare against a large number of our own citizens and residents who disagree with his ill-considered and ill-timed policies?

Stein’s full article (well worth the read) is at the link.

PWS

02/03/17

Religion: Stephen Mattson In Sojourners: “American ‘Christianity’ Has Failed”

https://sojo.net/articles/american-christianity-has-failed

“Because while the gospels instruct followers of Christ to help the poor, oppressed, maligned, mistreated, sick, and those most in need of help, Christians in America have largely supported measures that have rejected refugees, refused aid to immigrants, cut social services to the poor, diminished help for the sick, fueled xenophobia, reinforced misogyny, ignored racism, stoked hatred, reinforced corruption, and largely increased inequality, prejudice, and fear.

. . . .

By these standards — and by the ultimate example that Jesus himself set for us by example — mainstream Christianity in America has failed. It looks nothing like Jesus.
But the reality is that following Jesus is extremely hard. It demands giving away your most prized possessions and abandoning your biggest fears. So while there might be political, economic, financial, and safety reasons for implementing policies that harm people and refuse them help, there are certainly no gospel reasons.

Nobody understood this better than the early church. Those first Christ followers who refused to bow to the emperor and go along with the policies of the Roman government. For them, they gave everything — to the point of being persecuted, arrested, tortured, and eventually martyred — for the purpose of serving Christ and serving others, the result of choosing to dedicate their lives to the truths of Jesus rather than the ideals of the ruling empire.

The question is, will American Christians ever learn to do the same?”

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PWS

01/28/17

Forbes: “Don’t Mess Around With Slim” — Has Trump Bitten Off More Than He Can Chew In Provoking Economic/Trade Confrontation With Mexico?

http://www.forbes.com

Dolia Estevez writes in Forbes:

“At the press conference, Slim was flanked by two of his sons and a son-in-law and holding Trump’s books “Great Again” and “The Art of The Deal.” Slim called the American President a “great negotiator” who knows how to take advantage of weak adversaries.

Slim praised the Mexican President for calling Trump’s bluff and said that the outpouring of support for Peña Nieto showed Trump that Mexico is united to face the challenge.

This week’s unusual public showdown with Mexico–a friendly nation closely linked to the U.S. by geography, trade, culture and history—plunged U.S.-Mexico relations to a new low.

But in an apparent effort to cool tensions, Trump and Peña Nieto spoke for an hour by phone on Friday. The Mexican president’s office said in a statement that the two presidents, “agreed for now to not speak publicly about” the wall. Slim said the call between the leaders was a result of Mexico standing up to Trump. He suggested they should talk more and tweet less.

“Lack of unity brought Mexico five wars and four losses of territory. We learned that lesson. We have always been stronger united. We have to negotiate with Trump from a position of strength, without anger or submission. It will be a difficult and hard negotiation,” Mexico’s richest man said.

Slim said the “best wall” to prevent Mexicans from going North would be investment that creates job opportunities in Mexico.

Slim’s call for unity comes a week after a Mexican poll gave Slim the highest percentage approval among Mexican public figures as the best qualified person to face Trump. With his popularity approaching single digits, most Mexicans see Peña Nieto as politically too weak to stand up to Trump.”

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While Slim no longer holds the title of “World’s Richest Person” (that’s Bill Gates at $84.2 billion) his #6 ranking and $50 billion net worth is not too shabby and still makes hm the richest person in Latin America. Slim makes President Trump, who weighed in at a distant #502 with a mere $3.7 billion net worth, look like a “loser” by comparison. Trump’s economic sword rattling has also helped Slim become the most popular man in Mexico and the one most Mexicans would choose to “do battle” with Trump at the negotiating table.

PWS

01/28/17

Some Thought The World Would Test President Trump With An Early Crisis — But He Didn’t Wait — He Provoked An Entirely Avoidable One — With Our Friend, Ally, Neighbor, And Huge Trading Partner To The South!

http://www.wsj.com/articles/trumps-little-mexican-war-1485477900

From today’s WSJ editorial:

“When Mr. Trump visited the Journal in November 2015, we asked if the U.S. should encourage political stability and economic growth in Mexico. “I don’t care about Mexico honestly, I really don’t care about Mexico,” he replied.

That’s obvious, but he should care—and he will have to—if Mexico regresses to its ways before its reformation began in the 1980s. For decades our southern neighbor was known for one-party government, anti-Americanism, hyperinflation and political turmoil.

With U.S. encouragement, Mexico began to reform its statist economic model and embrace global competition. Ahead of the 1993 North American Free Trade Agreement (Nafta), Mexico privatized thousands of state-owned companies and deregulated much of the economy. With Nafta it cut tariffs and opened to foreign investment. Mexican agricultural was especially hard-hit by U.S. competition, but its businesses became more efficient and Nafta helped the country rebound from the 1994 peso crisis.”

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“I really don’t care about Mexico.” That really says it all about our President. But, maybe we should care, even if he doesn’t. What’s going to happen when he’s called upon to handle a real international crisis, not just one of his own making?

PWS

01/27/17

Politico: Haste Makes Waste — Acting First, Thinking Later, Might Come Back To Haunt Trump Administration!

http://www.politico.com/story/2017/01/trumps-flashy-executive-actions-could-run-aground-234200

“Experts warned that the quick moves could hurt Trump down the line and cause him to eventually slow down.

The State Department exhaustively reviewed the Keystone XL pipeline over many years before Obama rejected it, but Trump didn’t call upon agency officials’ expertise, even though reviving the project could prove complicated. It isn’t clear how Trump’s memo, which invites TransCanada to reapply for a permit, might bear on the company’s $15 billion claim against the U.S. under the North American Free Trade Agreement.

“The notion you would do something like this on an issue impacting a claim against the U.S. government for $15 billion without getting a full briefing from people involved — that’s more than unusual, that’s reckless,” said Keith Benes, a former State Department lawyer who handled Keystone.

There’s also the issue of Trump’s sweeping orders on immigration Wednesday that came with big promises but little clarity on who will ultimately foot the bill. For example, building a wall along the Mexico border is likely to cost at least $20 billion, and tripling border enforcement agents will likely cost billions more.

Trump has promised that Mexico will reimburse the United States for the cost of constructing the wall, and the executive order included vague language about the financing of the additional agents.

“He needs money to do it,” said Theresa Cardinal Brown, director of immigration policy for the Bipartisan Policy Center. “You can’t shuffle money around even within a department. You have to go back to Congress.”

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What’s reality, when you live in a parallel universe?

PWS

01/26/17

Grossman Law LLC Analyzes Impact Of Exec Orders On Migrants, Families!

Trump’s Executive Orders on Immigration
Yesterday, January 25, 2017, President Trump signed two Executive Orders on immigration, demonstrating that he will take a hard-line, no compromise, and enforcement only approach to handling our nation’s already broken immigration system. Through these Orders, the Trump Administration communicated the following priorities:
Border Wall: The Secretary of the Department of Homeland Security (DHS) must immediately begin planning, designing, and constructing a physical wall along the nearly 2000-mile southern border. The U.S. (not Mexico) will pay for this wall at an estimated price tag of $6.5 million per mile. This is an unconscionable expenditure at a time when statistics show that the southern border is more secure than ever and illegal border crossings are at a 40-year low!

Increased Detention of Asylum Seekers and immigrants at the southern border: DHS is authorized to hire an additional 5000 Border Patrol Agents and build new detention facilities. DHS will no longer release asylum seekers on bond or electronic monitoring; instead, asylum-seekers will remain in jail while their cases are pending, and will have to gather evidence, prepare legal arguments, and present their cases while in detention. Not only will this be expensive ($125 per adult per day, or in the case of family detention, $343 per person per day), but it is inhumane. An estimated 88% of Central American women, children, and families crossing the Southern border have valid asylum claims. Subjecting them to prolonged detention further traumatizes them and violates this country’s proud tradition of welcoming those fleeing persecution.

Revised Removal Priorities: DHS is authorized to hire up to 10,000 additional immigration officers who will prioritize for removal individuals convicted of any criminal offense whatsoever, no matter how minor or insignificant. They will also prioritize for removal individuals who have open charges pending against them, even if they have not been found guilty by a judge or jury, and individuals who have never been charged or convicted of a crime, but whom an immigration officer believes may have committed a criminal act or may otherwise pose a risk to public safety or national security. This vague and overbroad policy opens the door for rampant constitutional and civil rights violations. It also has the potential to expose both federal and deputized state and local agencies to frequent and protracted litigation.

Relatedly, the President has also Deputized State and Local Law Enforcement Officials to act as immigrant agents in apprehending, investigating, and detaining immigrants. Local jurisdictions currently have no legal obligation to assist with civil immigration enforcement, as immigration enforcement is the responsibility of the federal government alone. Forcing local police to act as immigration agents strains their already limited resources and reduces their ability to respond to and investigate crime. Importantly, this policy also deters immigrants who are victims of crime from coming forward and reporting criminal activity. By alienating our immigrant neighbors and over-taxing local police, this policy will make our communities even less safe.

Sanctuary Cities: President Trump pledges to end “sanctuary cities” (jurisdictions which protect the identity of non-criminal immigrant members of the community by refusing to share information about those individuals with federal immigration authorities). He has promised to end “sanctuary cities” by denying them Federal grants and funding. This move, too, jeopardizes the safety of all Americans. It undermines community policing efforts that encourage everyone to work with the police to prevent and solve crime. When immigrants distrust and fear local law enforcement, victims and key witnesses refuse to come forward out of fear of deportation.

Without a doubt, the impact of these directives will be substantial. Grossman Law is concerned that the President’s priorities skirt the long-established due process rights of all individuals, including immigrants, within our borders. Additionally, the attack on “sanctuary cities” will have the negative impact of further dividing our nation and the potential of increasing crime in our largest cities. Our nation’s history, prosperity and growth has been closely aligned with the prosperity and growth of immigrants. The executive orders, in large part, will work to destroy this proud history, and will have the consequence of instilling fear, rather than hope, into the hearts of deserving immigrants. This is “un-American” and misguided policy. Grossman Law will closely monitor the implementation of these Orders and will provide ongoing advice and counsel to our clients, and will continue organizing to ensure the protection of rights for all.

Grossman Law, LLC
4922 Fairmont Avenue, Suite 200
Bethesda, Maryland 20814
Phone: (240) 403-0913
Website: www.GrossmanLawLLC.com

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PWS

01/26/17

Sanctuary Wars: The Republic, And Its Cities, Strike Back!

Immigration beat reporter Beth Fertig of WNYC/NPR reports:

“There is no single definition of a sanctuary city, and policies vary tremendously across the country. But in New York City, immigration agents are not allowed in the jails. When immigrants without legal status are arrested, they can only be detained or turned over to federal agents for deportation if there’s a warrant and they’ve been convicted of a violent crime. A 2014 local law spells out nearly 170 different offenses that meet that definition. They include various forms of assault, arson and sex crimes.

Council Speaker Melissa Mark Viverito said these limits make sense.

“If you’re committing a nonviolent offense but you’re otherwise contributing positively to the city, why should you be torn apart from your family?”

Police Commissioner James O’Neill and Mayor Bill de Blasio joined the argument Wednesday, saying that immigrants will be less likely to cooperate with law enforcement if they’re afraid of deportation. “We build trust,” said O’Neill. “I wouldn’t want to do anything to put that at risk.”

Trump’s order changes enforcement priorities, too. In addition to aliens convicted of criminal offenses, the Department of Homeland security will also prioritize those who have been “charged with any criminal offense, where such charge has not been resolved.”

Avideh Moussavian, a policy attorney with the National Immigration Law Center, warned that this policy could lead to “gross infractions of due process protections.”

She said people could become enforcement priorities if “they have been merely charged with an offense, even if their charge is pending and turns out later to be dismissed.”

From a practical standpoint, it would be very difficult to deport more immigrants. The nation’s immigration courts have a tremendous backlog of cases. Judges who handle immigration cases estimate there are 75 vacancies among their ranks, and Trump has imposed a federal hiring freeze. However, the executive order means that the freeze on judges could be lifted in the name of national security.”

Read Beth’s complete article, including comments from Heather Mac Donald of the Manhattan Institute in favor of the President’s crackdown at:

http://www.wnyc.org/story/why-sanctuary-city-dispute-about-safety/

Mollie Reilly, Deputy Politics Editor, and her colleagues write on HuffPost:

“Independent of the ultimate legality of the executive order, politicians from those sanctuary cities say they aren’t budging, and legal advocacy groups are gearing up for the coming legal fight.
The president is “in for one hell of a fight,” California state Sen. Scott Weiner (D), who represents San Francisco, said in a statement.
Boston Mayor Marty Walsh (D) said his city “will not retreat one inch” from its policy against holding undocumented immigrants it otherwise would not hold based on requests from Immigration and Customs Enforcement, and Seattle Mayor Ed Murray said his city “will not be intimidated by the authoritarian message coming from this administration.” San Francisco Mayor Ed Lee (D) said “nothing has changed” in his city, noting the lack of specifics in Trump’s order.
“We are going to fight this, and cities and states around the country are going to fight this,” New York Mayor Bill de Blasio (D) said at a press conference Wednesday.
New York Attorney General Eric Schneiderman (D) already began hinting at a legal challenge, releasing a statement that Trump lacks the constitutional authority for his executive order and that he will do “everything in [his] power” to push back if the president does not rescind it.
Washington state Attorney General Bob Ferguson (D) also warned of potential legal challenges to come, saying in a statement that the order “raises significant legal issues that my office will be investigating closely to protect the constitutional and human rights of the people of our state.”
There’s no exact definition of “sanctuary city.” Places like San Francisco and New York use the term broadly to refer to their immigrant-friendly policies, but more generally the term is applied to cities and counties that do not reflexively honor all of Immigration and Customs Enforcement’s requests for cooperation. Many of these localities do work with ICE to detain and hand over immigrants suspected or convicted of serious crimes, but they often release low-priority immigrants requested by ICE if they have no other reason to hold them.
“The reason that many local law enforcement officers don’t honor detainers is because courts have said that they violate the Constitution, and if they violate the Constitution, the localities are on the hook financially,” said Cesar Cuauhtemoc Garcia Hernandez, a law professor at the University of Denver who teaches on the intersection of criminal law and immigration.
Just on Tuesday, a federal court in Rhode Island joined several others that have ruled in recent years that certain ICE detainers can violate people’s constitutional rights ― even those of U.S. citizens.
But Trump’s executive order seems to overlook this legal reality, and instead frames sanctuary cities with the alarmist rhetoric he used on the campaign trail.”

Read Mollie & co.’s complete report here:

http://www.huffingtonpost.com/entry/trump-sanctuary-cities_us_

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PWS

01/26/17

Instant Analysis Of Trump’s Border Orders by Raphael Bernal & Mike Lillis (Not N. Rappaport As I Erroneously Posted Earlier) In The Hill!

http://thehill.com/homenews/administration/316101-trump-orders-work-to-begin-on-border-wall

Raphael Bernal and Mike Lillis write in The Hill:

“President Trump on Wednesday signed two executive orders on immigration, including one that directs federal agencies to begin construction of a wall on the border with Mexico, his signature campaign promise.

Trump signed the actions during a visit to the Department of Homeland Security (DHS) as his aides met in the White House with two top Mexican cabinet officials.

“A nation without borders is not a nation,” Trump said during a speech at DHS headquarters. “Beginning today, the United States of America gets back control of its borders.”

The president said his directive “will save thousands of lives, millions of jobs, and billions and billions of dollars.”

One of the orders signed by Trump calls for the construction of “a large physical barrier on the southern border,” according to White House press secretary Sean Spicer.

The other order deals with immigration enforcement and ends the “catch and release” policy that quickly returned border crossers back to Mexico instead of arresting and processing them for deportation. The policy was a fixture of the Bush administration and was later reinstated on an informal basis by former President Barack Obama.

“Federal agents are going to unapologetically enforce the law, no ifs, ands or buts,” Spicer said.

The immigration actions also seek to withhold visas from countries to make sure they take back people in the U.S. illegally who are found to have broken U.S. laws. It would also strip federal grants from “sanctuary” cities and states that do not enforce federal immigration laws.

“We’re going to strip federal grant money from the sanctuary states and cities that harbor illegal immigrants,” Spicer said.”

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My apologies to Raphael, Mike, and Nolan for botching the byline in the original posting. The “talk” is over; we’re into the “action” phase.

PWS

01/25/17

Trump Signs Border Orders, Promises To Restore Control!

https://www.washingtonpost.com/politics/trump-pledges-to-start-work-on-border-wall-within-months/2017/01/25/dddae6ee-e31e-11e6-ba11-63c4b4fb5a63_story.html?hpid=hp_rhp-top-table-main_immigration-2pm%3Ahomepage%2Fstory&utm_term=.a28fc29fd921

Breaking news from today’s Washington Post:

“President Trump signed a pair of executive actions Wednesday to begin ramping up immigration enforcement, including a new border wall with Mexico, vowing that construction on his chief campaign pledge would begin in months.

In an appearance at the Department of Homeland Security, Trump kicked off the rollout of a series of directives aimed at clamping down on the estimated 11 million immigrants living illegally in the United States. Aides said more directives could come later this week, including new restrictions on refugees and immigrants from Muslim-majority countries.

The presidential directives signed Wednesday aim to create more detention centers, add more federal border control agents and withhold federal funds to cities that do not comply with federal immigration laws, Trump aides said.

“We are going to restore the rule of law in the United States,” Trump said, addressing DHS employees after signing the orders. “Beginning today the United State gets control of its borders.”

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Toward the end of the story, there might be good news for at least some so-called “Dreamers.” Press Secretary Sean Spicer said that President Trump recognized the humanitarian issues at stake here and was developing his solution.

PWS

01/25/17

NYT: President Trump Will Order Wall!

https://www.nytimes.com/2017/01/24/us/politics/wall-border-trump.html?_r=0

This breaking story from the NYT was passed on by Dan Kowalski over at LexisNexis:

“President Trump will order the construction of a Mexican border wall on Wednesday, White House officials said, and is mulling plans to stop Syrian refugees from entering the country and to slash immigration of refugees from “terror prone” nations, perhaps as early as this week.”

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No real surprises here. I had previously reported that the U.S. taxpayers will be on the hook for the cost of the border wall with only President’s Trump’s assurances that the Mexican Government will be reimbursing us.

And, as I have said many times before, I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in today’s climate).

Interestingly, according to a recent Pew Research Center Poll, only a minority of Americans (39%) think that building a wall is a priority, while a majority (62%) favor legalization of those residing here without authorization and continuing to admit refugees on a humanitarian basis (61%). However, a majority of those surveyed (58%) do agree with President Trump that increasing deportations is important and that there should be stricter enforcement of those overstaying temporary visas (77%).

There does appear to be an opportunity for the Trump Administration to establish some type of national consensus on immigration. However, it does not appear to be exactly the same program that President Trump presented during his campaign. So, it would require some flexibility on all sides.

Read the complete Pew Research poll t this link:

http://www.pewresearch.org/fact-tank/2017/01/06/less-than-half-the-public-views-border-wall-as-an-important-goal-for-u-s-immigration-policy/

PWS

01/24/17

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