🇺🇸⚖️ THE GOP RIGHT WING WANTS TO WHITEWASH AMERICAN HISTORY — JUSTICE KETANJI BROWN JACKSON SAYS WE MUST TEACH THE TRUTH ABOUT THE ROLE OF RACISM IN AMERICA —“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history.”

Dan Rather
Dan Rather
American Journalist
PHOTO: Creative Commons
Elliot Kirschner
Elliott Kirshner
Science Filmmaker & Journalist
PHOTO: iBiology Courses
Justice Katenji Brown Jackson
Judge (now Justice) Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020, University of Chicago Law School. Photographer Lloyd DeGrane.
Creative Commons License

Dan Rather and Elliot Kirschner write on Steady on Substack:

https://open.substack.com/pub/steady/p/60-years-ago-in-birmingham?r=330z7&utm_medium=ios&utm_campaign=post

60 Years Ago in Birmingham

September 15, 1963 — 60 years ago today. An act of murderous cowardice in Birmingham, Alabama, shocked a nation. A bomb at the 16th Street Baptist Church placed by Klansmen killed four girls as they attended Sunday school. Many others were wounded.

As Dr. Martin Luther King Jr. would say in eulogy, “These children — unoffending, innocent, and beautiful — were the victims of one of the most vicious and tragic crimes ever perpetrated against humanity.”

Let us pause in remembrance. Please say their names aloud. They deserve our recognition:

Denise McNair, age 11.

Carole Robertson, 14.

Addie Mae Collins, 14.

Cynthia Wesley, 14.

This horrific act is not ancient history. Some of you were of memory age at the time it happened. And it was not an isolated act of violence. Rather, it was part of a bloody, tragic, and unjust campaign of terror that stretches from before our country’s birth into our present age. It is a story of murder, torture, rape, lynching, and the tearing apart of families. It is a story of Jim Crow, redlining, and voter suppression. And now it is a story that powerful forces in our country would like us to forget, or at least sanitize from the unadulterated truth.

And yet, throughout our history, bigotry has not gone unanswered. Women and men of courage and fortitude have reminded us that we should walk a path toward equality and justice. Many have sacrificed greatly in service to our nation’s highest ideals.

This bombing was an act of domestic terrorism meant to stifle a growing Civil Rights Movement. It had the opposite effect. Less than a year later, President Lyndon Johnson signed the groundbreaking Civil Rights Act.

Progress has been made. However, we are reminded in our current age that the forces of white supremacy will never give up their privilege without a fight. We see more acts of racist violence, more denying of reality, more attempts to rewrite history. It is a cynically destructive ploy for power at the expense of our national unity and the truth.

All this was on the mind of Supreme Court Justice Ketanji Brown Jackson this morning, when the first Black woman to serve on the court went to the 16th Street Baptist Church to commemorate the bombing’s anniversary. It was the justice’s first trip to Alabama, but she told those in the pews, “I felt in my spirit that I had to come.”

What she subsequently shared was an acknowledgement of the past and an admonition for our present and our future. We were moved by her words and want to include some of them here, as well as a video of the entire speech, should you wish to watch.

Justice Jackson began by contrasting the story of the Birmingham bombing and her own personal journey.

. . . .

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

Read the complete article, including Justice Jackson’s remarks and pictures of the murdered girls, at the link. Don’t let GOP extremists get away with rewriting our history to match their White Nationalist myths! It’s a key part of their scheme to “dumb down” American education and intellectual debate on all levels!

🇺🇸 Due Process Forever!

PWS

09-17-23

🤯HOW LONG DID IT TAKE THE USG TO GRANT A “SLAM DUNK” 🏀 ASYLUM CASE OF A MEXICAN JOURNALIST? — 15 YEARS! — No Wonder This Dysfunctional, Unfair System Has Endless Backlogs!

Low Hanging Fruit
Harvesting the “low hanging fruit” — the many clearly grantable asylum cases — has proved remarkably elusive for EOIR — under Administrations of both parties!
IMAGE: Creative Commons 2.0

From The National Press Club:

https://drive.google.com/file/d/1QhiXmsGEBd6YQn8lYieaP8GUt7QiEnWJ/view?usp=sharing

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

That Mexico is one of the most dangerous countries in the world for journalists is hardly “rocket science.” 🚀 See, e.g., https://www.nbcnews.com/news/latino/annihilating-journalism-mexican-reporters-work-attacks-killings-rcna14196. Yet, an EOIR Judge was allowed to twice wrongfully deny this “slam dunk” case —  on specious grounds such as making the absurd finding that Mr. Gutierrez was not a journalist — over six years before the BIA finally ended the farce!🤡

Even today, there is no BIA precedent to expedite the granting of these meritorious cases and to curb rogue judges from mindlessly denying everything that comes before them (according to TRAC, the IJ in this case had a “facially ludicrous” 95.6% asylum denial record). It’s also no coincidence that AILA attorneys in El Paso, where this case originated, have long complained about anti-asylum bias among the Immigration Judges. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjphqPxn62BAxW4EVkFHUz3CEkQFnoECBEQAw&url=https://www.elpasotimes.com/story/news/immigration/2019/04/03/complaint-alleges-misconduct-el-paso-immigration-judges/3357416002/#:~:text=The%20complaint%20alleges%20that%20one,reason%20she%20was%20being%20persecuted.&usg=AOvVaw0FywozGcr8pn-K2ytfZkCT&opi=89978449.

So, let’s put this into a real world context. 15 years, two wrong IJ decisions, and two trips to the BIA to complete (actually it’s still not complete, because it was remanded for “background checks,” but that’s another saga), a case that should have taken a well-qualified Immigration Judge about 15 minutes to grant. So, what chance is there that without major leadership, personnel, structural, and substantive changes, EOIR could do “justice” on asylum cases put on an ”expedited docket.” Slim and none, as actual experience shows!  

The necessary first step toward meaningful immigration reform is a complete overhaul of EOIR. Without that readily achievable administrative action, no attempt at legislative or regulatory reform can succeed. It’s not rocket science! 🚀 Just common sense, moral courage, and “good government.”

🇺🇸 Due Process Forever!

PWS

09-16-23

🤮 SCOFFLAW WATCH: IN “A-B-III” A.G. GARLAND ORDERED ALL EOIR JUDGES TO APPLY THE BIA’S PRECEDENT MATTER OF A-R-C-G- (PSG/DOMESTIC VIOLENCE) — HIS BIA DIDN’T GET THE WORD, SAYS 3RD CIR  — Avila v. Att’y Gen.

 

Kangaroos
Mob chatter:
“Hey, anyone here know what an ARCG is?”
“No clue.”
“Some kind of boat?”
“Maybe we should ask Noah.”
“Don’t bother. The only rule we follow around here is ‘When in doubt, throw ‘em out!’”
“Isn’t that what the UN Handbook says, that ‘giving the benefit of the doubt’ means to ‘doubt that any benefit will ever be given?’”
“Yup, sounds right to me!”
“I don’t understand it. We’re overtly hostile to asylum seekers and their lawyers, we’ve tilted the playing field against them, yet they still come! Why?”
“Detain, discourage, deny, deport, deter, that’s our mission!”
“Where due process, fundamental fairness, and best practices go to die!”
“Precedents? We only follow the ones unfavorable to respondents!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

From: Ted Murphy
Sent: Thursday, September 14, 2023 10:09 AM
To: AILA Philadelphia List
Cc: Kaley Miller-Schaeffer
Subject: 3rd Circuit Precedent – PSG Honduras A-R-C-G-
Importance: High

 

Friends,

 

Please see the attached precedent decision from the 3rd Circuit today.  While the first 16 pages of the 21 page decision focus on CIMT issues, the final 4 pages are worth reading on PSG similar to A-R-C-G- that the BIA ignored.

 

Here, on the other hand, the BIA did not adhere to

Matter of A-R-C-G-’s requirement to examine Avila’s PSG

within the context of the specific country conditions in

Honduras. The BIA rejected Avila’s PSG for lack of

particularity without considering evidence in the record about

“widespread and systemic violence” against Honduran women,

“inconsistent legislation implementation, gender

discrimination within the justice system, and lack of access to

services.”109 Evidence in the record, including that “[l]ess than

one in five cases of femicide are investigated,… and the

average rate of impunity for sexual violence and femicide is

approximately 95%,” may have been relevant in examining

whether Avila’s proposed PSG was cognizable.110 Just as the

cultural attitudes toward gender were relevant in Matter of A-

R-C-G-, evidence in the record as to the “machismo culture” in

Honduras may be relevant to assessing whether Avila has a

cognizable PSG.111

 

Moreover, in Matter of A-R-C-G-, DHS conceded that

the proposed group “married women in Guatemala who are

unable to leave their relationship” was sufficient for a PSG

asylum claim.112 Given the similarity between that social group

and “Honduran women in a domestic relationship where the

male believes that women are to live under male domination,”

we must remand for the BIA to provide clarification as to its

application of Matter of A-R-C-G-, and to determine whether

Avila’s proposed PSG is cognizable in light of the specific

country conditions

.

We must also remand for the BIA to consider whether

Avila demonstrated a well-founded fear of persecution on

account of her PSG. The BIA determined that Avila’s PSG did

not “exist independently” of the harm alleged, as required

under Matter of M-E-V-G-113 and Matter of W-G-R-.114 Matter

of M-E-V-G- cites to this Court’s prior precedent in Lukwago

v. Ashcroft,115 which states that a PSG “must exist

independently of the persecution suffered by the applicant for

asylum.”116 However, Lukwago makes clear that in

determining whether a PSG exists independently of the

persecution suffered, the BIA must consider the PSG in the

context both of “past persecution” and a “well-founded fear of

persecution.”117 Here, the BIA did not consider whether Avila

had demonstrated that she had a well-founded fear of

persecution based on her past experiences of abuse and sexual

violence. Accordingly, we will remand for the BIA to consider,

in addition to whether Avila has suffered past persecution on

account of her PSG, whether she has demonstrated a well-

founded fear of future persecution.

 

In conclusion, on remand, the BIA should (1) clarify,

given the Government’s concession in Matter of A-R-C-G- that

the proposed group was sufficient for a PSG asylum claim, its

application of Matter of A-R-C-G- to the present case, and

consider Avila’s PSG in the context of evidence presented

about the country conditions in Honduras and (2) provide

guidance in applying both Matter of A-R-C-G- and Matter of

M-E-V-G- with respect to past persecution and a well-founded

fear of future persecution on account of membership in a PSG

 

Case was argued by Attorney Kaley Miller-Schaeffer.

 

Best regards,

 

Ted

Theodore J. Murphy, Esquire

Murphy Law Firm, PC

https://www2.ca3.uscourts.gov/opinarch/221374p.pdf

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

Once again, the BIA fails to follow its own precedent favorable to the respondent! Yet, in a Dem Administration they get away with mocking the rule of law in life or death cases, in a “court system” that the Dems “own.” Why?

WHO applies precedents and rules can be as important as the precedents and rules themselves! Failure to properly and uniformly apply legal rules that favor asylum seekers has become a chronic problem at EOIR. It’s one that Garland has yet to effectively and comprehensively address!

Many congrats to Kaley Miller-Schaefer and Murphy Law!

Kaley MIller-Schaefer ESQ
Kaley Miller-Schaefer ESQ
Partner
Murphy Law
PHOTO: Linkedin

🇺🇸Due Process Forever!

PWS

09-15-23

😢☠️ DACA: THE CRUELTY IS THE POINT — Right Wing Judges, GOP Politicos Take Aim @ America’s Future By Dumping On Dreamers!🤮   

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com
OLAFIMIHAN OSHIN
OLAFIMIHAN OSHIN
Staff Writer
The Hill
PHOTO: The Hill
Rebecca Beitsch
Rebecca Beitsch
Staff Writer
The Hill
PHOTO: pewtrust.org

OLAFIMIHAN OSHIN & Rebecca Beitsch report in The Hill:

https://thehill.com/regulation/court-battles/4203346-federal-judge-again-declares-daca-immigration-program-unlawful/

A federal judge for the second time found the DACA program unlawful, but held back from ordering the deportation of the nearly 600,000 people who remain in the country as “Dreamers.”

The Deferred Action for Childhood Arrivals program, first crafted with a 2012 memo under the Obama administration, was likewise found unlawful by federal District Court Judge Andrew Hanen in a similar ruling in 2021.

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time,” Hanen wrote in the 40-page ruling.

“The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation.”

Given earlier challenges to the DACA program’s creation through a memo, the Department of Homeland Security (DHS) in 2022 underwent formal rulemaking to solidify the basis for the program.

But Hanen found while the government followed the law in undergoing notice and comment rulemaking, the new rule essentially carried the 2012 memo into a formal rule without addressing prior issues criticized by the court.

Last year the Fifth Circuit Court of Appeals, before remanding the case to Hanen, found broader issues with DACA, saying the policy was inconsistent with immigration processes laid out under the Immigration and Nationality Act.

Hanen pointed to that in his Wednesday ruling, noting that while the record underlying the new rule showed DACA to be beneficial to both recipients and the U.S. “DHS did nothing to change or resolve the substantive problems found by this court or the fifth circuit.The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

. . . .

The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

pastedGraphic.png“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA,”  Kica Matos, president of the National Immigration Law Center said in a statement.

“Congress has failed to pass a permanent legislative solution, and it is urgent that they act now. We cannot allow court rulings to continue to upend the lives of hundreds of thousands of immigrant youth whose home is here.”

The ruling comes months after a coalition of nine GOP-led states asked Hanen to end the federal program, referring to the program as “unlawful” and “unconstitutional.”

. . . .

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

Read the complete article at the link.

Once you get beyond GOP White Nationalist politicos and judges, DACA legislation is widely popular across the political spectrum. Yet, the GOP is happy to defy the common good, and, sadly, Dems are afraid to leverage and elevate DACA to a “Tier One” issue! So, a generation of younger talent that American needs for the future continues to “twist in the wind!” Stupid, cruel, wasteful!

🇺🇸 Due Process Forever!

PWS

09-14-23

🏴‍☠️ 🤯 ABSURDIST SCOFFLAW TEX “GOV” ABBOTT BLOWN AWAY IN ROUND I OF “BUOY BATTLE!” — Texas Federal Judge Rejects Ludicrous “Invasion Defense!”

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

Priscilla Alvarez reports for CNN:

https://www.cnn.com/2023/09/06/politics/texas-mexico-border-water-barriers-migrants/index.html

CNN  —

A federal judge ordered Texas to remove floating barriers in the Rio Grande and barred the state from building new or placing additional buoys in the river, according to a Wednesday court filing, marking a victory for the Biden administration.

Judge David Alan Ezra ordered Texas to take down the barriers by September 15 at its own expense.

The border buoys have been a hot button immigration issue since they were deployed in the Rio Grande as part of Gov. Greg Abbott’s border security initiative known as Operation Lone Star. The Justice Department had sued the state of Texas in July claiming that the buoys were installed unlawfully and asking the judge to force the state to remove them.

In the lawsuit, filed in US District Court in the Western District of Texas, the Justice Department alleged that Texas and Abbott violated the Rivers and Harbors Appropriation Act by building a structure in US water without permission from United States Army Corps of Engineers and sought an injunction to bar Texas from building additional barriers in the river. The Republican governor, meanwhile, has argued the buoys are intended to deter migrants from crossing into the state from Mexico.

Texas swiftly appealed the judge’s order.

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

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

Read the rest of Priscilla’s report at the link.

Who knows how this will play out in the 5th Circuit and the Supremes, given the composition of those courts. But, at least for a day, Judge Ezra has brought some common sense and the rule of law to bear on out of control grandstanding Texas “Governor” Greg Abbott. 

In addition to being cruel and illegal, Abbott’s $140 million buoy boondoggle is predictably a failure from a deterrence standpoint. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi-5saEvpiBAxUXpIkEHU1VBwoQFnoECBoQAQ&url=https://www.livemint.com/news/texas-floating-border-wall-fails-to-deter-migrants-11693942981798.html&usg=AOvVaw0TX6bBkO0Fv0MezJLQPJkk&opi=89978449. (Although Abbott and his White Nationalist supporters falsely claim otherwise.) But, as my friends Dan Kowalski and Judge “Sir Jeffrey” Chase often say, effective deterrence isn’t the point — the cruelty and dehumanization is!

We should also remember that the vast majority of those whom Abbott and the nativists bogusly call “invaders” seek only to turn themselves in to U.S. authorities so they can exercise their clear legal rights to apply for asylum — rights that attach regardless of status or manner of entering the U.S. (Rights that also have improperly been diminished and impeded by the Biden Administration’s ill-advised asylum regulations, currently under legal challenge).  

If successful (under a legal system intentionally rigged against them), these so-called “invaders” will use their skills and work ethic to expand our economy and help Americans prosper while saving their lives and those of their families. To anybody other than Abbott and other White Nationalists, that sounds like a potential “win-win” that could and should be “leveraged” for everyone’s benefit!

Judge Ezra’s opinion in the aptly-named U.S. v. Abbott can be found here:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749163/gov.uscourts.txwd.1172749163.50.0.pdf?ftag=YHF4eb9d17

🇺🇸 Due Process Forever!

PWS

09-07-23

🇺🇸🗽💪🏾COURTSIDE LABOR DAY SPECIALS:  1)  Heather Cox Richardson on The History of Labor Day; 2) Robert Reich on Resisting Bullies!

From today’s Substack:

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

https://open.substack.com/pub/heathercoxrichardson/p/september-3-2023?r=330z7&utm_medium=ios&utm_campaign=post

September 3, 2023

HEATHER COX RICHARDSON

SEP 4, 2023

Almost one hundred and forty-one years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.

Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.

By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”

The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”

The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”

In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical” —event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”

Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

In 1888, Cleveland won the popular vote by about 100,000 votes, but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”

Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”

As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).

They could, however, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.

In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”

Notes:

https://www.dol.gov/general/laborday/history-daze

New York Times, September 6, 1882, p. 8.

New York Times, September 6, 1882, p. 4.

New York Daily Tribune, September 7, 1882, p. 4.

https://blogs.loc.gov/law/files/2011/09/S-730.pdf

https://history.house.gov/Historical-Highlights/1851-1900/The-first-Labor-Day/

Share

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

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

https://open.substack.com/pub/robertreich/p/personal-history-my-father-and-joe?r=330z7&utm_medium=ios&utm_campaign=post

My father and the SOBs

Ed Reich hated bullies.

ROBERT REICH

SEP 4, 2023

Friends,

I thought today, Labor Day, might be a good one to introduce my father, Ed Reich, and tell you a little about him and the values he passed along to me. Labor Day makes me think of him, because on Labor Day, he kicked the bigots out of our house.

Ed called himself a liberal Republican in the days when such creatures still roamed the earth. He voted for Thomas Dewey in 1948 (canceling my mother’s vote for Harry Truman) and then for Dwight Eisenhower in 1952 and 1956 (canceling my mother’s votes for Adlai Stevenson), and he thought highly of New York’s Republican governor, Nelson Rockefeller, and its Republican senator, Jacob Javits — neither of whom would last a nanosecond in today’s GOP.

But Ed Reich could not abide political bullies. He gave up on the Republican Party when Nixon became president. He would have detested Trump. (My father died in 2016, two weeks before his 102nd birthday, and nine months before Trump was elected.)

Ed thought anyone who had to bully someone else to feel good about himself was despicable. If they did their bullying through politics, they were doubly despicable. In his mind, political bullying had led to the Holocaust.

***

In 1947, Ed moved us from Scranton, Pennsylvania, to a small town some 60 miles north of New York City called South Salem, to be within driving distance of his two women’s clothing stores, in Norwalk, Connecticut, and Peekskill, New York.

On Labor Day, soon after we moved in, a delegation of older men came by our house. When they knocked on the door, my mother thought they were a welcoming committee and opened it with a big “hello!” But when she saw the expressions on their faces, she became alarmed.

She invited them into the living room and asked if they’d like coffee. They declined.

My father greeted them stiffly, suggesting they sit down. They did not.

“What’s this about?” he asked. “What’s happened? Is there a problem?”

“Mr. and Mrs. Reich,” one of them spoke gravely, “we’ve come to inform you that South Salem is a Christian community.”

There was a long pause. I could see my father redden.

“So, we’re not welcome here?” His voice was tight.

“Legally, you have a right to be here, of course,” the speaker said. (New York state had just enacted a law prohibiting homeowners from including “restrictive covenants” in their deeds that barred sales to “Negroes or Hebrews.”) “But we don’t think you and your family will be happy here.”

“Thank you for coming by,” my father said flatly, opening the front door for them. Then he exploded: “Now get the hell out of my house!”

That was the day Ed Reich decided we’d stay put in South Salem forever. “I showed those sons of bitches,” he said some years later.

“Son of a bitch” was the worst epithet Ed could hurl at someone. It burst out of him like a volcanic eruption. For many years, I didn’t know it contained separate English words, including a term many would find offensive today. To my young ears it was one word — sonofaBITCH — that might have been Russian or Yiddish, but whatever language it was, it was huge and frightening.

pastedGraphic.png

WISCONSIN SENATOR JOE McCARTHY HAD A SPECIAL PLACE in Ed Reich’s pantheon of horrible people. McCarthy didn’t just bully those he claimed were members of the Communist Party. He attacked them with malice. McCarthy ridiculed the “pitiful squealing” of “those egg-sucking phony liberals” who “would hold sacrosanct those Communists and queers.”

Every time McCarthy’s image came across the six-inch screen of the Magnavox television in our living room, my father would shout “son-of-a-BITCH” so loudly it made me shudder.

McCarthyism was the byproduct of the Republican Party’s postwar effort to eradicate the New Deal by linking it to communism. The GOP had portrayed the midterm election of 1946 as a “battle between Republicanism and communism.” The Republican National Committee chairman claimed that the federal bureaucracy was filled with “pink puppets.”

Southern segregationist Democrats joined in the red baiting. Mississippi Senator Theodore Bilbo, a Klansman who had filibustered to block anti-lynching legislation, described multiracial labor unions’ advocacy for civil rights as the work of “northern communists.” Representative John Elliott Rankin, a racist and antisemitic Mississippi Democrat who helped establish the House Un-American Activities Committee, called the CIO’s southern organizing campaign “a communist plot” and charged it would give more voting rights to Black people. “We’re asleep at the switch,” he warned. “They’re taking over this country; we’ve got to stop them if we want this country.”

The tactic was temporarily successful. In the 1946 midterms, Democrats lost control of both the Senate and the House. Wisconsin ended its era of progressive Republican La Follettes and sent Joe McCarthy to the Senate. California replaced New Dealer Jerry Voorhis with a young Republican lawyer who had already figured out how to use red baiting as a political tool. His name was Richard Nixon.

In December 1946, at the founding convention of the Progressive Citizens of America, FDR’s former vice president Henry Wallace called the red scare a tool used by the most powerful economic forces in America and warned America not to give in to it. “We shall … repel all the attacks of the plutocrats and monopolists who will brand us as Reds,” he said, adding:

“If it is traitorous to believe in peace — we are traitors. If it is communistic to believe in prosperity for all — we are communists. If it is unAmerican to believe in freedom from monopolistic dictation — we are unAmerican. We are more American than the neo-fascists who attack us. The more we are attacked the more likely we are to succeed, provided we are ready and willing to counterattack.”

But there was no counterattack. The red baiting escalated, encouraged by J. Edgar Hoover, the first director of the FBI.

President Truman succumbed to the mounting hysteria. On March 21, 1947, he signed Executive Order 9835, the “Loyalty Order.” It ushered in loyalty oaths and background checks and created the Attorney General’s List of Subversive Organizations.

As the 1950 election approached, a Times headline announced that the “Left is Silent in Campaign.” Even the American Civil Liberties Union, whose roots lay in the Red Scare of the World War I era, was reluctant to take the lead in opposing the threat to civil liberties in the second Red Scare of the 1950s.

California Representative Helen Gahagan Douglas — dubbed the “Pink Lady” for her supposed communist sympathies — tried for the Senate in 1950. She survived a bitter primary battle only to be beaten in November by red-baiter Richard Nixon.

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ON JUNE 9, 1954, I SAT AT MY FATHER’S SIDE ON OUR LIVING ROOM COUCH, watching the Army-McCarthy hearings. McCarthy had accused the U.S. Army of having poor security at a top-secret facility.

Joseph Welch, a private attorney, was representing the Army. McCarthy charged that one of Welch’s young staff attorneys was a communist. Such a charge was likely to end the young man’s career.

“Son-of-a-BITCH,” my father shouted. I hid my head.

As McCarthy continued his attack on Welch’s staff attorney, Welch broke in. “Until this moment, Senator, I think I never really gauged your cruelty or your recklessness.”

I was only eight years old, but I was spellbound.

McCarthy didn’t stop. “Son-of-a-BITCH!” Ed Reich shouted even more loudly. The earth seemed to shake.

At this point, Welch demanded that McCarthy listen to him. “Let us not assassinate this lad further, Senator,” he said. “You have done enough. Have you no sense of decency?”

Almost overnight, McCarthy imploded. His national popularity evaporated. Three years later, censured by his Senate colleagues, ostracized by his party, and ignored by the press, McCarthy drank himself to death, a broken man at the age of 48.

***

During the Army-McCarthy hearings, McCarthy’s chief counsel was Roy Cohn. Cohn became one of America’s most notorious bullies.

Cohn had gained prominence as the Department of Justice attorney who successfully prosecuted Julius and Ethel Rosenberg for espionage, leading to their execution in 1953. (Evidence made public decades after the execution confirmed that Julius was a spy, but that Ethel, while aware of her husband’s activities, was not.)

In public, Cohn was homophobic. Privately, he was gay at a time when being gay was a crime. A character in Tony Kushner’s epic Angels in America describes him as “the polestar of human evil. The worst human being who ever lived … the most evil, twisted, vicious bastard ever to snort coke at Studio 54.” His bullying was particularly vicious, I think, because he was filled with self-loathing.

The Rosenberg trial brought the 24-year-old Cohn to the attention of J. Edgar Hoover, who convinced Joe McCarthy to hire Cohn as chief counsel for McCarthy’s Senate Permanent Subcommittee on Investigations. Cohn became known for his aggressive questioning of suspected communists.

My father thought Roy Cohn almost as despicable as Joe McCarthy. “Son-of-a BITCH!” my father shouted whenever Cohn’s name was in the news.

After McCarthy’s downfall, it was assumed that Cohn’s career was also over. Yet Cohn reinvented himself as a power broker in New York. Despite scandals and indictments, along with accusations of tax evasion, bribery, and theft, Cohn survived.

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COHN PROVED HIMSELF USEFUL TO A YOUNG REAL ESTATE DEVELOPER NAMED DONALD TRUMP. Fred Trump had started his son’s career by bringing him into the family business of renting apartments in Brooklyn and Queens.

Cohn established Donald in Manhattan by introducing him to New York’s social and political elite. Donald was undertaking several large construction projects in Manhattan and needed both a fixer and mentor. Cohn filled both roles, and along the way bequeathed to Trump a penchant for ruthless bullying, profane braggadocio, and opportunistic bigotry.

Like Trump, Cohn was utterly without principle. Like Trump, his priority was personal power that could be leveraged for wealth, influence, and celebrity.

In 1973, the Justice Department accused Trump Management Inc., its 27-year-old president, Donald, and chairman, Fred, of violating the Fair Housing Act of 1968 in 39 of his properties — alleging that the company quoted different rental terms and conditions to prospective tenants based on their race and made false “no vacancy” statements to Black people seeking to rent.

Trump employees had secretly marked the applications of Black people with codes, such as “C” for “colored,” according to accounts filed in federal court. The employees allegedly directed Black people away from buildings with mostly white tenants, steering them toward properties that had many Black tenants.

Representing the Trumps, Roy Cohn filed a countersuit against the government for $100 million, asserting that the charges were “irresponsible and baseless.” Although the countersuit was unsuccessful, Trump settled the charges out of court in 1975, asserting he was satisfied that the agreement did not “compel the Trump organization to accept persons on welfare as tenants unless as qualified as any other tenant.”

Three years later, when the Trump Organization was again in court for violating terms of the 1975 settlement, Cohn called the charges “nothing more than a rehash of complaints by a couple of planted malcontents.” Donald Trump denied the charges.

Cohn was also involved in the construction of Trump Tower, helping secure concrete during a citywide Teamster strike via a union leader linked to a mob boss.

At about this time, Cohn introduced Trump to another of Cohn’s clients, Rupert Murdoch.

During Ronald Reagan’s 1980 presidential campaign, Cohn helped another young man named Roger Stone.

As Stone later recounted, Cohn gave him a suitcase filled with money that Stone dropped off at the office of a lawyer influential in Liberal Party circles. “I paid his law firm. Legal fees. I don’t know what he did for the money.” In fact, the money was used to get New York’s Liberal Party to nominate Illinois Congressman John Anderson — thereby splitting New York’s opposition to Reagan. It worked. Reagan carried the state with 46 percent of the vote. (Ed Reich voted for Jimmy Carter.)

In 1986, Cohn was disbarred by the New York State Bar for unethical conduct after attempting to defraud a dying client by forcing the client to sign a will amendment leaving Cohn his fortune. (Cohn died five weeks later from AIDS-related complications.)

In his first and best-known book, The Art of the Deal, Trump drew a distinction between integrity and loyalty. He preferred the latter.

For Trump, Roy Cohn exemplified loyalty. Trump compared Cohn to “all the hundreds of ‘respectable’ guys who make careers out of boasting about their uncompromising integrity but have absolutely no loyalty … What I liked most about Roy Cohn was that he would do just the opposite.”

Ed Reich would vehemently disagree.

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

Happy Labor Day 2023 to all!😎

It’s a time to remember and appreciate all the workers, regardless of status, whose labors make America great!

"Reflections"
“Reflections”
Linekin Bay, ME
Labor Day 2023

🇺🇸 Due Process Forever!

PWS

09-04-23

🇺🇸⚖️ ON THE 60TH ANNIVERSARY OF DR KING’S “DREAM SPEECH,” NDPA SUPERSTAR BREANNE J. PALMER RELEASES PART III OF HER “BLACK IMMIGRATION PRIMER:” MAGA America Seeks To Turn Back The Clock On Progress: “45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people.”

 

Breanne Justine Palmer, Esquire
Breanne Justine Palmer, Esquire
Senior Legal Policy Advisor
Senior Legal Policy Advisor
Democracy Forward
PHOTO: Linkedin

Breanne Justine Palmer, Esq.

Breanne Justine Palmer, Esq.

(She/Her) • 1st

(She/Her) • 1st

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

Advocate and Attorney Making Progressive Policy Accessible and Irresistible

1d •

1d •

The following post is the final part of my 2017 Black Immigration Primer! I delve into the impact of former President Donald Trump’s early executive orders on Black immigrants, the consequences of which are still being felt today.

It seems like ages since 45 (the former President of the U.S.) issued a volley of executive orders affecting various areas of our lives. Here, I want to talk about the two versions of the Travel Ban (a.k.a. the #MuslimBan) and how they target Black immigrants, Muslim immigrants, and Black Muslim immigrants. The travel bans live at the intersection of anti-Blackness and Islamophobia.

First, some terms and their definitions. Anti-Blackness (also known as anti-Black racism) is what it sounds like: systems, policies, beliefs, and behaviors that are “resistant or antagonistic to Black people or their values or objectives.” We often see anti-Blackness in other communities of color. Some argue that assimilation into American culture is predicated on embracing anti-Blackness (in order to succeed in America, one must separate oneself from Black people and violently oppose Black people’s success). Islamophobia is a “dislike or prejudice against Islam or Muslims, especially as a political force.” It’s important that anti-Blackness and Islamophobia are not merely individual beliefs; they encompass power of the systemic kind. Anti-Blackness and Islamophobia result in harmful, deadly policies and wars.

It’s safe to say that 45 and his administration are a number of things (misogynistic, racist, unethical, evil, and so forth) but they are also distinctly anti-Black and Islamophobic. 45 and his minions’ embrace of anti-Blackness and Islamophobia produced two Travel Bans that harmed hundreds of people. Let’s discuss them in turn. Read more on my blog!

#blackimmigrants #muslimban #africanban #45 #xenophobia #islamaphobia #antiblackness

http://www.breannejpalmer.com/blog/black-immigration-primer-part-iii

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

Thanks Breanne!

Most recently, Black Americans in Jacksonville have reacted to Florida Gov. Ron DeSantis’s promotion of racism, guns, and White Nationalist myths. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjo1euz_IGBAxWBFVkFHXvnCdIQFnoECBYQAQ&url=https://www.npr.org/2023/08/28/1196305761/desantis-jacksonville-vigil-booed&usg=AOvVaw0S6ZRq1nLipLNzpK2reN_T&opi=89978449

It’s going to take more than $1 million in “security assistance” to a HBUC and $100k to victims’ families to cover up the far right GOP’s responsibility for promoting racism and hate crimes in America. And, the war on immigrants of color is a key part of the racism, Islamophobia, and misogyny that has found a home in the far right of today’s GOP! 

Indeed, as I have pointed out on many occasions, MAGA’s hate-fueled campaign to eliminate individual rights in America started with Trump’s lies and distortions targeting migrants of color from Mexico and elsewhere! That’s why Dems’ overall failure to engage with the GOP on immigration, and to vigorously and proudly defend migrants’ rights, has such tragic implications for American democracy!

🇺🇸 Due Process Forever!

PWS

08-2-23

🇺🇸🗽👍 WATCH TEA’S COFFEE: Immigrant Food’s Superstar 🌟 Co-Founder/COO & Cato’s Alex  Nowrasteh Take Apart The White Nationalist Restrictionist Myths About Immigrants! 

Tea Ivanovic
Tea Ivanovic
Co-Founder and Chief Operating Officer
Immigrant Food
PHOTO: Immigrant Food

 

Alex Nowrasteh
Alex Nowrasteh
Vice President for Economic & Social Policy Studies
Cato Institute

Tea writes:

Editor’s Note – August 2023

Dear Reader,

America is built on the drive and determination of immigrants. Even though immigration is one of America’s founding principles, it remains one of the most hotly contested social and political issues of modern times. This ongoing debate is fueled by a number of negative myths about immigrants that have taken root in society.

This month, we are committed to busting the common political, economic, and demographic myths about immigration. We examine how these myths have taken root in our society, how they spread, and what can be done to change the narrative on immigration.

For this month’s issue, we spoke with Alex Nowrasteh, the Vice President for Economic and Social Policy Studies at the Cato Institute. Alex is one of the leading voices when it comes to immigration policy.

Hope you gain new insights,
Téa

 

Watch “Tea’s Coffee” where she interviews Alex Nowratseh here:

https://immigrantfood.us4.list-manage.com/track/click?u=ce06e58bfebaeac8af360fd3e&id=2800d3f1d8&e=16814f5ced

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

Watch the video at the above link and find out more on the Immigrant Food website here:

https://immigrantfood.com/

Alex says there are three things we can do to combat the myths and lies being spread by the nativist/restrictionists:

  • Recognize the humanity of immigrants and their legal rights under our laws;
  • Emphasize that immigrants compliment, rather than compete with, us;
  • Point out that the “border chaos” is largely the result of bad laws and failed deterrence policies rather than the fault of immigrants.

By contrast, you can spot the bogus restrictionist/nativist myths a mile way because they:

  • Dehumanize immigrants by falsely reducing them to “statistics, numbers, apprehensions, beds, costs, graphs, and charts;”
  • Make the bogus claim that our economy is a “zero sum game” where every additional immigrant means “less of the pie” for you or me — a claim which is demonstrably false because people and immigration are what have allowed us historically to expand our economy so there potentially will be more for everyone (provided that those at the top don’t grab a disproportionate share for themselves);
  • Promote the myth of “just get in line” when there in reality is no line for most to get in because of the unduly restrictive nature of our laws and their poor administration by successive Administrations. They ignore the reality that robust migration is here to stay. The real choice is whether or not we want realistic laws and policies that recognize and harness that reality or instead continue to reward smugglers, enrich jailers, and force millions of migrants into the “extralegal” underground economy where they can not contribute fully economically or politically.

 

Haley Sweetland Edwards
Haley Sweatband Edwards
Nation Editor
Time Magazine
PHOTO: Pulitzer

As another “myth debunker,” Time’s Haley Sweetland Edwards, said:

These political reactions fail to grapple with a hard truth: in the long run, new migration is nearly always a boon to host countries. In acting as entrepreneurs and innovators, and by providing inexpensive labor, immigrants overwhelmingly repay in long-term economic contributions what they use in short-term social services, studies show. But to maximize that future good, governments must act -rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.

https://immigrationcourtside.com/2019/01/27/inconvenient-truth-haley-sweetland-edwards-time-tells-what-trump-miller-cotton-sessions-their-white-nationalist-gang-dont-want-you-to-know-human-migration-is-a-powerful-force-as-old/

Clown Court
“And the winner was . . . .”
PHOTO: Clown Civertan.jpg, Creative Commons License

“Governments must act rationally!” Certainly, neither Trump nor any of the GOP clowns 🤡 seeking to be him are “rational actors” on immigration, the economy, infrastructure, education, individual rights, or anything else of importance to our nation. Indeed, the ignorance, indecency, irrationality, and bias exhibited during the so-called “GOP debate” was beyond appalling, despite the media’s pathetic attempts to “normalize” idiocy. Six folks afraid to say “hypothetically” that they would vote for someone OTHER than a convicted felon who made totally baseless claims that he won the 2020 election! Gimmie a break! (I’m certainly not the only one impressed by the disturbingly low quality of  the GOP “field.” See, e.g., https://www.huffpost.com/entry/larry-hogan-gop-candidates-trump-conviction-question_n_64e82302e4b0a2a9abc4bdc0).

Tea Ivanovic — an amazing immigrant entrepreneur and inspirational leader who is on Forbes’s list of “30 under 30” — is a stellar example of how immigrants of all types — from those at the border to those in boardrooms — make America better! See, e.g.,

https://immigrationcourtside.com/2023/07/22/🦃-hokie-hero-va-tech-honors-ndpa-all-star-tea-ivanovic-of-immigrant-food-industry-leader-spotlight-disruptive-food-startup-incorporates-gastronomy-a/

Food for thought from Tea and the good folks at Immigrant Food!

🇺🇸 Due Process Forever!

PWS

08-26-23

🏴‍☠️☠️⚰️ GOP WHITE NATIONALIST THEOCRACY THREATENS AMERICA, STARTING @ BORDER! — “Worthy of Goebbels!” — “[N]othing new. . . . It’s called fascism.” — “America’s Orbans” Undermine Liberal Democracy, Promote Illiberalism!”

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

https://substack.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.Rwn0xJ7gMZxpR5nks4NIo58FlfZsCsJm972lF9tcKws?

Melissa Del Bosque writes in the Border Chronicle:

. . . .

While this might seem uniquely cruel, Abbott is closely following the authoritarian playbook of Viktor Orbán, Hungary’s prime minister, and current European thought leader for MAGA Republicans. Donald Trump calls Orbán a friend, and White supremacist Tucker Carlson spent a week covering him for his former show on Fox, later making a “documentary” about Hungary called Hungary vs. Soros: Fight for Civilization. For the last two years, the right-wing Conservative Political Action Conference, founded in the U.S., has held a “Woke Free Zone” conference in Budapest.

Share

By studying Orbán’s crackdown on asylum seekers and its progression over the last several years, you can see exactly where Abbott’s Texas is headed (and DeSantis’s Florida, for that matter).

In a speech in July 2022, Orbán argued that European and non-European people should not mix. Europeans “do not want to become peoples of mixed-race,” he said. After the speech, one of Orbán’s longtime advisers quit in protest. “I don’t know how you didn’t notice that you were presenting a pure Nazi text worthy of Goebbels,” his adviser wrote in her public resignation letter. Orbán’s speech was widely condemned in Europe, and it further alienated him from other Western leaders.

But in Texas, just days after his speech “worthy of Goebbels,” Orbán was welcomed with a standing ovation at the CPAC conference in Dallas, where he touted his “zero migration” and Judeo-Christian nationalism. “The globalists can all go to hell,” he boasted. “I have come to Texas.”

On the same CPAC stage that day, Abbott followed with similar xenophobic talking points. He bragged about Operation Lone Star and encouraged conference-goers to donate to a state-run website to pay for bussing migrants out of Texas. Lieutenant Governor Dan Patrick echoed Orbán’s White Christian nationalism: “The framers did not write the Constitution,” he said. “God wrote the Constitution. We are a Christian nation.”

. . . .

Unsurprisingly, Orbán’s cruel tactics against asylum seekers, which have included kidnappings and beatings, do not deter people from coming. They are fleeing wars, after all. But Orbán has used his poisonous populism to solidify his power, just as Abbott and DeSantis are trying to do. It began with asylum seekers in 2015, but now in Hungary there is no independent media or judiciary, and the LGBTQ community and immigrants have become targets for persecution as the prime minister has consolidated his control over the government. Antisemitism is also on the rise.

This is the playbook that MAGA Republicans are following in Texas, Florida, and elsewhere. We already know how it ends. Orbán’s “illiberal democracy,” which is being lionized by Trump, Abbott, and others, is nothing new. In fact, it’s very old. It’s called fascism.

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

Read Melissa’s complete article at the link. Nearly 80 years after the fall of the Nazi regime, Hitler’s hateful, racist, virulently anti-Semitic views are alive and well in today’s GOP. Even in Texas, a Federal Judge had no time for Abbott’s racist/absurdist claim of “invasion.” https://linkst.dallasnews.com/click/32480676.167870/aHR0cHM6Ly93d3cuZGFsbGFzbmV3cy5jb20vbmV3cy9wb2xpdGljcy8yMDIzLzA4LzIyL2ZlZGVyYWwtanVkZ2UtcmVqZWN0cy10ZXhhcy1taWdyYW50LWludmFzaW9uLWRlZmVuc2UtaW4tZG9qLWxhd3N1aXQtb3Zlci1ib3JkZXItYnVveXMvP3NhaWx0aHJ1X2lkPTYyNjgxMjQyNGY3NTdmNjRiYWUyYWEzMg/626812424f757f64bae2aa32C5a2af025.

This is NOT a “normal” American political party!

🇺🇸 Due Process Forever, White Nationalism, Never!

PWS

08-23-23

🇺🇸🗽⚖️ TAHIRIH’S CASEY CARTER SWEGMAN SPEAKS OUT FOR ASYLUM SEEKERS, RULE OF LAW — Urges Us To Reject Fareed Zakaria‘s Nativist BS!

Casey Carter Swegman
Casey Carter Swegman
Director of Public Policy at the Tahirih Justice Center
PHOTO: Tahirih Justice Center

https://www.washingtonpost.com/opinions/2023/08/20/asylum-seekers-not-gaming-system/

Letters to the Editor

Opinion | Asylum seekers are not ‘gaming the system’

August 20, 2023 at 5:16 p.m. ET

To say that people seeking asylum in the United States are “gaming the system,” as Fareed Zakaria did in his Aug. 14 op-ed, “Immigration can be fixed. Why aren’t we fixing it?,” not only was dehumanizing but also dismissed the very real and traumatic conditions that force people and their families to make the heartbreaking choice to leave their homes and embark on a journey in search of protection and safety.

Calling on people to claim asylum in their home countries revealed a fundamental misunderstanding of the asylum ban and asylum itself. Access to asylum in the United States remains critical because many of the countries that individuals are fleeing from and through cannot or will not protect them from violence.

The U.S. government’s asylum ban is exacerbating dangerous circumstances for all asylum seekers. Women, girls and other survivors of gender-based violence seeking asylum are being denied refuge and forced to remain in conditions along our border that increase their susceptibility to the same kinds of violence and threats to their lives that forced them to flee in the first place.

Asylum is a legal and human right for all people, born of our own recognition that every human being has the right to seek a life of safety and dignity. This has nothing to do with partisan politics. The United States has an obligation to uphold its own laws and live up to its promise as a welcoming nation.

Casey Carter Swegman, Falls Church

The writer is director of public policy at the Tahirih Justice Center.

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

The legal right to seek asylum in the U.S. or at our border is clear! Getting the USG to respect it and the media to accurately report on abusive, illegal attempts to limit it, not so much! Thanks, Casey, for speaking truth and “taking it to” purveyors of White Nationalist myths like Zakaria!

Rather than urging fixing the legal asylum system to work in a fair, generous, timely, and humane manner — something that should be well within the Government’s capabilities and clearly in the national interest — folks like Zakaria, who should know better, have taken to victim shaming and blaming. The current law gives the Government plenty of tools to deal with frivolous claims to asylum. 

That our Government lacks the will and expertise to implement and staff the current system in a manner that would fairly and reasonably “separate the wheat from the chaff” is NOT the fault of those seeking asylum and their dedicated, hard-working, long-suffering advocates. Indeed, asylum and human rights advocates appear to be the only folks interested in insuring Constitutional due process and upholding the rule of law! 

I don’t dispute that our immigration system needs a legislative overhaul. But, that must NOT come at the expense of asylum seekers, refugees, and others who need and are deserving of our protection!

🇺🇸 Due Process Forever!

PWS

08-21-23

🏴‍☠️🤯☠️ INVITE ‘EM TO DEFECT, THEN ARBITRARILY REJECT — Russian Allies Find Broken U.S. Asylum System Akin To Russian Roulette! — “I don’t understand how we are denying Russians at all,” says Jennifer Scarborough, Refugees’ Lawyer!

Russian Roulette
AG Merrick Garland thinks it’s fine to play “roulette” with human lives in his arbitrary, capricious, and dysfunctional EOIR. Those trying to help his victims obtain justice disagree! Is this REALLY the way things ran when Garland was on the D.C. Circuit? If not, why is it “good enough for Immigration Court?”
IMAGE: tvtropes
Jennifer Scarborough, EsquireLaw Firm of Jennifer Scarborough PLLC Harlingen, TX PHOTO: Firm
Jennifer Scarborough, Esquire
Law Firm of Jennifer Scarborough PLLC
Harlingen, TX
PHOTO: Firm
Hamed Aleaziz
Hamed Aleaziz
Staff Writer
LA Times

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=df3af6fe-6f28-47f0-a65a-95a9e0272c10

Hamed Aleaziz & Tracy Wilkinson report for the LA Times:

WASHINGTON — Numerous Russians attempting to escape conscription onto the Ukrainian battlefield have made perilous journeys to the United States, trusting in the Biden administration’s declaration that the U.S. would “welcome” those fleeing the war and their forced participation in it.

Instead of winning asylum, however, some of these men have been detained and, in at least one case, deported back to Russia, where they could be thrown into the fight against U.S.-armed Ukraine — into “the meat grinder,” as the U.S. secretary of State recently put it.

The U.S. has deported nearly 190 Russians since the beginning of October 2022, almost three times as many as were removed during the entire prior year.

Some Russian conscripts have refused to board deportation flights, forcing U.S. immigration officers to return them to immigration detention and legal limbo.

Three Russians the U.S. detained and sought to deport told The Times that certain abuse awaited them at home, where draft dodgers are subject to imprisonment or swift dispatch to front lines. The three Russians said they felt bewildered — betrayed, even — bythe U.S. asylum system. The Times is withholding their identities because they fear retribution if they are returned to Russia.

“Death awaits me there if I go back,” said one Russian man in his 20s. He said he was slated to be deported but fainted when immigration officials loaded him onto the plane, which forced them to return him to detention.

Although Ukrainian President Volodymyr Zelensky urged Russians who opposed the war to stay at home and fight to topple Russian President Vladimir Putin, the Biden administration has explicitly encouraged Russians who do not want to fight in Ukraine to seek asylum in the United States.

“There are people out there in Russia who do not want to fight Putin’s war or die for it,” White House Press Secretary Karine Jean-Pierre said in September. “We believe that, regardless of nationality, they may apply for asylum in the United States and have their claim adjudicated on a case-by-case basis.

“We welcome any folks who are seeking asylum, and they should do that,” she said.

But Russians who have taken the U.S. up on that offer have quickly discovered that seeking asylum is not the same as winning it. The U.S. government’s willingness to help people who flee Russia — even if doing so undermines Russia’s war effort — is limited.

In some cases, the government has argued that being called up to serve in the Russian military is not alone sufficient grounds for asylum. Jennifer Scarborough, the lawyer for the three Russians The Times interviewed, has countered that they qualify for asylum because they did not want to be involved with the war for political reasons and would face unreasonable repercussions for refusing to serve.

“They could be deported back to a regime that is committing gross human rights violations,” she said. “I don’t understand how we are denying Russians at all.”

The number of Russians crossing the southern U.S. border surged in November and December, shortly after Putin, facing massive casualties among his troops, ordered up a fresh army mobilization and drafted up to 300,000 reservists.

Russians crossed the southern border more than 5,000 times in November and nearly 8,000 times in December, a major increase from earlier months.

More than 8 million Ukrainians have fled their homeland since Putin launched his invasion of the former Soviet Republic on Feb. 24, 2022. Their escapes have involved trains and commercial flights and massive assistance, and they have largely been welcomed in other countries.

By contrast, many of those fleeing Russia for the U.S. have used the same difficult and at times treacherous route that disfavored refugees from all over the world use. A flight from Dubai or Istanbul gets them to South America, where they continue on flights, buses and by foot northward, sometimes trekking through jungle, to reach Mexico and the U.S. border.

One man who spoke to The Times was picked up by immigration agents in December near Tecate. The man made the weeks-long journey to the U.S. with his younger brother.

The man fled Russia when his call-up notice arrived.

“Even in childhood, I understood that, for me, America was a symbol of freedom,” he said in a telephone interview from a detention center in Pennsylvania. “And yes, there was a dream to move here one day. Because during your entire life in Russia, it is difficult; you’re discriminated against at every turn.”

“I went through war,” the man said. “I know what this entails. I saw the war. And now they are trying to force me to bring this to Ukraine.”

. . . .

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

Read the complete report at the link.

Jenn Scarborough asks the right question. In a functioning protection system, one would expect most cases like this to be granted in short order. However, the BIA generally has restrictive precedents on draft evaders and deserters stemming largely from a desire to deny protection to applicants fleeing civil wars in Central America decades ago. See, e.g., Matter of A-G-, 19 I & N Dec. 502 (BIA 1987).

As “Courtsiders” know, the endemic problem is lack of expert, progressive, dynamic, courageous intellectual leadership in a system now solely controlled and operated by a Dem Administration that often acts more like an “old school GOP” one on immigration and human rights! Administration of both parties live in perpetual fear that making good on promises of fair treatment and legal protection would actually motivate refugees to seek it!

That’s a particular problem at EOIR which should be the legal intellectual leader here! We need practical, scholarly, generous, common sense precedents focusing on what should be easily grantable protection claims! 

Instead, we have a leaderless, bureaucratic, non-expert mess, still retaining too many elements of the anti-immigrant, anti-asylum, any reason to deny, go along to get along, court as a “deterrent” system constructed and promoted by the Trump Administration. That has continued to churn out both egregious inconsistencies and backlog-building inefficiencies in critical “life or death” cases! 

🇺🇸 Due Process Forever!

PWS

08-20-23

 

☠️🤮🏴‍☠️ “NO EXCUSE,” SAYS NDPA MAVEN DEBI SANDERS AS NPR REPORTS THAT BIDEN ADMINISTRATION PLAYED “HIDE THE BALL” ON HORRIFIC CONDITIONS IN THEIR “NEW AMERICAN GULAG” (“NAG”)!  — Tom Dreisbach Reports For NPR On Yet Another Grotesque Failure By Garland, Monaco, Gupta, Clarke, & Prelogar To Do Their Jobs!

Gulag
Inside the Gulag
The legacy of Biden, Harris, Mayorkas, Garland, Monaco, Gupta, Clarke, Prelogar and others will be truly ugly for the abuses in the “New American Gulag” that Mayorkas continues to operate while DOJ aids cover up and inexcusably defends grotesque human rights abuses! What happened to the concept of integrity and ethics at DOJ?

https://www.npr.org/2023/08/16/1190767610/ice-detention-immigration-government-inspectors-barbaric-negligent-conditions

In Michigan, a man in the custody of Immigration and Customs Enforcement (ICE) was sent into a jail’s general population unit with an open wound from surgery, no bandages and no follow-up medical appointment scheduled, even though he still had surgical drains in place.

A federal inspector found: “The detainee never received even the most basic care for his wound.”

In Georgia, a nurse ignored an ICE detainee who urgently asked for an inhaler to treat his asthma. Even though he was never examined by the medical staff, the nurse put a note in the medical record that “he was seen in sick call.”

“The documentation by the nurse bordered on falsification and the failure to see a patient urgently requesting medical attention regarding treatment with an inhaler was negligent.”

And in Pennsylvania, a group of correctional officers strapped a mentally ill male ICE detainee into a restraint chair and gave the lone female officer a pair of scissors to cut off his clothes for a strip search.

“There is no justifiable correctional reason that required the detainee who had a mental health condition to have his clothes cut off by a female officer while he was compliant in a restraint chair. This is a barbaric practice and clearly violates … basic principles of humanity.”

. . . .

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

Many thanks to my friend Debi Sanders for sending this my way with her succinct, “says it all,” two-word comment! Read and listen to the full report at the link.

Debi Sanders
Debi Sanders ESQ
“Warrior Queen” of the NDPA
PHOTO: law.uva.edu

Yet one more example of the failed Attorney Generalship of Merrick Garland! Where is the integrity, decency, and adherence to the rule of law that we were promised from a former Federal Judge and Supreme Court nominee?  

Sure, the inhumanity flourished under the Trump regime! But, the last election was about a change and improvement, particularly in immigration. Garland’s performance on immigration, human rights, and racial justice should be a totally unacceptable to Dems!

🇺🇸 Due Process Forever!

PWS

08-17-23

☠️👎🏼 ANOTHER SUPER-SHODDY PERFORMANCE BY BIA ON CENTRAL AMERICAN ASYLUM OUTED BY 9TH CIR. — Reyes-Corado v. Garland

Four Horsemen
BIA Asylum Panel In Action. It’s hard to ignore the BIA’s violent, deadly, abuse of asylum seekers, particularly those of color. But, somehow, Merrick Garland, Lisa Monaco, Vanita Gupta, Kristen Clarke, and other DOJ officials manage to look the other way, as do Congressional Dems! Too busy fecklessly complaining about Justice Clarence Thomas to look at their own house?
Albrecht Dürer, Public domain, via Wikimedia Commons

SUMMARY** Immigration

The panel granted a petition for review of the Board of Immigration Appealsdenial of Francisco Reyes-Corados motion to reopen removal proceedings based on changed circumstances, and remanded.

The Board denied reopening based, in part, on Reyes- Corados failure to include a new application for relief, as required by 8 C.F.R. § 1003.2(c)(1). The government acknowledged that under Aliyev v. Barr, 971 F.3d 1085 (9th Cir. 2020), the Board erred to the extent it relied on Reyes- Corados failure to submit a new asylum application for relief. Here, however, unlike in Aliyev, Reyes-Corado did not include his original asylum application with his motion to reopen. Consistent with the plain text of § 1003.2(c)(1) and various persuasive authorities, the panel held that a motion to reopen that adds new circumstances to a previously considered application need not be accompanied by an application for relief.

The Board also denied reopening after concluding that Reyes-Corado did not establish materially changed country conditions to warrant an exception to the time limitation on his motion to reopen. Reyes-Corado initially sought asylum relief based on threats he received from his uncles family members to discourage him from avenging his fathers murder by his uncles family. The Board previously concluded that personal retribution, rather than a protected

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

REYES-CORADO V. GARLAND 3

 ground, was the central motivation for the threats of harm. In his motion to reopen, Reyes-Corado presented evidence of persistent and intensifying threats.

As an initial matter, the panel explained that the changed circumstances Reyes-Corado presented were entirely outside of his control, and thus were properly understood as changed country conditions, not changed personal circumstances. The panel also held that these changed circumstances were material to Reyes-Corados claims for relief because they rebutted the agencys previous determination that Reyes-Corado had failed to establish the requisite nexus between the harm he feared and his membership in a familial particular social group. The panel explained that the Boards previous nexus rationale was undermined by the fact that the threats, harassment, and violence persisted despite the lack of any retribution by Reyes-Corados family against his uncles family for at least fourteen years after Reyes-Corados fathers murder, and where multiple additional family members were targeted, including elderly and young family members who would be unlikely to carry out any retribution. Thus, the panel held that the Board abused its discretion in concluding that Reyes-Corados evidence was not qualitatively different than the evidence at his original hearing.

The panel also declined to uphold the Boards determination that Reyes-Corado failed to establish prima facie eligibility for relief because Reyes-Corados new evidence likely undermined the Boards prior nexus finding, and the Board applied the improperly high one central reason” nexus standard to Reyes-Corados withholding of removal claim, rather than the less demanding a reason” standard.

4 REYES-CORADO V. GARLAND

 The panel remanded for the Board to reconsider whether Reyes-Corado established prima facie eligibility for relief and to otherwise reevaluate the motion to reopen in light of the principles set forth in the opinion.

COUNSEL

David A. Schlesinger

(argued), Kai Medeiros, and Paulina

Reyes, Jacobs & Schlesinger LLP, San Diego, California, for Petitioner.

 

Enitan O. Otunla (argued), Trial Attorney; Bernard A. Joseph, Senior Litigation Counsel; Joseph H. Hunt, Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice; Washington, D.C.; for Respondent.

OPINION

KOH, Circuit Judge:

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

Congrats to David A. Schlesinger & colleagues!

I’ve often discussed  EOIR’s all-too-frequent use of bogus nexus determinations – basically turning normal legal rules on causation on their head – to deny protection to bona fide refugees, particularly those from Latin America and Haiti.

There is a growing body of evidence that EOIR is systematically unfair to Central American asylum applicants. But, Garland, his lieutenants, and Congressional Dems have basically looked the other way as this stunning, widespread denial of due process and equal protection under our Constitution continues to unfold in plain view on their watch! Why? Where’s the dynamic, values-based, expert, ethical leadership we should expect from a Dem Administration?

This particular example of substandard “judging” literally reeks of pre-judgement and “endemic any reason to denialism!”

Dems wring their collective hands about Justice Clarence Thomas, who is essentially unaccountable and untouchable! But, they have done little or nothing to address serious competence, bias, and ethical issues festering in a major “life or death” Federal Court System they totally control!

Lots of “talk,” not much “walk” from Dems!

🇺🇸 Due Process Forever!

PWS

08-15-23

🇺🇸⚖️🗽 ANDREA R. FLORES @ NYT: We Know That “Uber Deterrence” Fails At The Border — Title 42 Debacle Under Trump Proves It: Biden Must Abandon The Restrictionist Remnants & Restore Legality & Integrity To Our Current Refugee & Asylum Systems!

Andrea Flores
Andrea Flores
Vice President for Immigration Policy and Campaigns at FWD.us.
PHOTO: Linkedin

https://nl.nytimes.com/f/newsletter/H7Demr4HzkuwqSIi_5Cg4g~~/AAAAAQA~/RgRmt1VqP0TpaHR0cHM6Ly93d3cubnl0aW1lcy5jb20vMjAyMy8wOC8xMC9vcGluaW9uL2FzeWx1bS1zZWVrZXJzLWltbWlncmF0aW9uLXJlZm9ybS5odG1sP2NhbXBhaWduX2lkPTM5JmVtYz1lZGl0X3R5XzIwMjMwODEwJmluc3RhbmNlX2lkPTk5NzE5Jm5sPW9waW5pb24tdG9kYXkmcmVnaV9pZD03OTIxMzg4NiZzZWdtZW50X2lkPTE0MTYxOCZ0ZT0xJnVzZXJfaWQ9OGExZjQ3Mzc0MGIyNTNkOGZhNGMyM2IwNjY3MjI3MzdXA255dEIKZNNq0NRk4LcZOlISamVubmluZ3MxMkBhb2wuY29tWAQAAAAD

Andrea writes in a NYT Op-Ed:

U.S. asylum laws were designed to protect people fleeing harm. They were enacted in the decades following the Holocaust to ensure that the United States never again turned away people fleeing persecution. But now, many blame these laws for the chaos and inhumanity at the nation’s southern border.

The biggest blow to America’s commitment to asylum came during the pandemic, when former President Donald Trump invoked Title 42, an emergency measure that allowed border agents to turn away asylum seekers, under the justification of preventing the spread of the virus.

When Title 42 restrictions were lifted in May, President Biden enacted a carrot-and-stick approach aimed at deterring new asylum seekers from traveling by foot to the border. These new measures included a set of legal pathways, including a parole program that allows people from select countries, including Cuba and Haiti, to legally enter the country for at least two years, provided they have a financial sponsor in the United States. Doing so has discouraged would-be migrants from taking a dangerous trek with a smuggler, often through multiple continents.

This approach would have been a great step forward if it wasn’t paired with a counter measure that prohibits some asylum-seekers at the border from applying for protection in the United States. The vast majority of migrants must secure an appointment at an official port of entry, which are difficult to obtain, or else they will be subject to expedited removal if they cannot prove that they sought legal protection in another country along the way.

. . . .

If proponents of a secure border are serious about lowering border crossing numbers and decreasing unauthorized migration, they should support Mr. Biden’s attempts to create new legal pathways. Instead, a coalition of Republican attorneys general is challenging the president’s parole program. In Congress, Senate Republicans are trying to eliminate the same parole authority that allowed Afghans to temporarily resettle in the United States. There have been no challenges to the use of the parole authority to bring Ukrainians to the United States.

These actions reveal that our current fight over the border is not about the number of people trying to come here — it is about which should be allowed to come. American voters may not have strong opinions about the future of the asylum system or the legal pathways being created, but voters of both parties dislike the chaos and human suffering that have subsumed this issue for the past 10 years. Over a million American citizens have signed up to sponsor migrants from Cuba, Haiti, Venezuela and Nicaragua.

At a moment of record global displacement, we can’t keep waiting for Congress to modernize our immigration laws. Safe legal pathways are good for the people who use our immigration system. Mr. Biden has taken some critical steps to give migrants better options, but with no hope of congressional action in the near future, more is needed.

Andrea R. Flores is the vice president for immigration policy and campaigns at FWD.us.


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

Read the complete op-ed at the link.

Much of what Andrea says echoes what I have said over and over on Courtside and has been repeatedly recommended by experts, who are then largely ignored by the Biden Administration. 

As I have argued before, the “low hanging fruit” here would be EOIR reform: A new BIA of “practical scholars;” better IJs with proven asylum and human rights experience; ending “Aimless Docket Reshuffling On Steroids” (which drives many poor policy and legal decisions); and getting some dynamic, fearless, expert leadership on human rights and immigration at the DOJ — which is either the driver or the facilitator of many of the problems at the border, depending on how you look at it.  

We can also see how Garland’s lackluster performance on immigration affects other areas of justice such as civil rights, women’s rights, and LGBTQ rights, to name a few of the most obvious ones. Nobody at today’s DOJ appears to possess the “big picture” knowledge and experience to “connect the dots” on these critical issues.

🇺🇸 Due Process Forever

PWS

08-10-23

⚖️☠️ BLOWING THE BASICS! — IJ Misapplies “Under Color Of Law Doctrine” In CAT Case; BIA Affirms; 10th Circuit Reverses, Blowing Away Garland DOJ’s BS “No Jurisdiction” Argument In The Process — “[The IJ’s] interpretation defies logic and the law.” — We Deserve Much Better From Dem AG!

Laura Lunn, Esquire
Laura Lunn, Esquire
Director of Advocacy & Litigation
Rocky Mountain Immigrant Advocacy Network (“RMIAN”)
PHOTO: RMIAN

Colorado AILA reports:

From: ColoradoAILA@groups.io <ColoradoAILA@groups.io> on behalf of Aaron Hall via groups.io <aaron=immigrationissues.com@groups.io>
Sent: Tuesday, August 1, 2023 2:29 PM
To: ColoradoAILA@groups.io <ColoradoAILA@groups.io>
Subject: [ColoradoAILA] Arostegui-Maldonado v. Garland

A HUGE congratulations to RMIAN and Laura Lunn on today’s 10th Circuit win in Arostegui-Maldonado v. Garland. I was lucky enough to be in the court at oral argument to watch Laura expertly navigate tough questions from a difficult panel and today the published decision came out holding (1) that the PFR filed within 30 days of the BIA order affirming the IJ denial of relief in withholding-only proceedings is timely filed and (2) that the IJ and BIA “defied logic and law” in misapplying the under-color-of-law element of the CAT claim, requiring remand.

Incredible work to Laura and all others involved!

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Aaron C. Hall

Senior Partner

Pronouns: he/him/his

12203 East Second Avenue

Aurora, CO 80011

Direct: 303.962.6630

www.immigrationissues.com

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

Folks, the IJ’s “reasoning to denial” in this case was beyond totally absurd! It’s an example of the type of judicial misconduct and incompetence that still flourishes in parts of Garland’s “any reason to deny” dysfunctional EOIR!

Russian Roulette
AG Merrick Garland thinks it’s fine to play “roulette” with human lives in his arbitrary, capricious, and dysfunctional EOIR. Those trying to help his victims obtain justice disagree! Is this REALLY the way things ran when Garland was on the D.C. Circuit? If not, why is it “good enough for Immigration Court?”
IMAGE: tvtropes

After more than two years of the Biden Administration under Garland, we still have not seen the type of systemic, merit-based “house cleaning” of biased and incompetent judges and the replacement of deadwood (and worse) at the totally unjust and dysfunctional EOIR that could and should have been a “day one priority” for Garland’s DOJ.

There is simply no excuse for this type of disingenuous, life-threatening performance by both EOIR and OIL under Garland’s deficient leadership! There are literally thousands of qualified experts out here who could have done a better job than the IJ and the BIA in this case!

It’s Garland’s job to get better judges on the EOIR bench — judges who will be fair, impartial, due-process focused, and experts in all facets of immigration and human rights laws! His failure to do his job is undermining our justice system and endangering human lives! How is this “OK?”

In the “real world,” folks who “can’t do their jobs” find themselves “out of a job!” Why is Garland’s DOJ an “exception,” with lives and the future of American justice on the line? Isn’t it past time to “just say no” to continuing to treat the ongoing national disgrace at EOIR as “just an afterthought” in the elitist, disconnected world of Garland’s DOJ, where the human lives being destroyed by DOJ’s failures are treated as “somebody else’s problem?”

🇺🇸 Due Process Forever!

PWS

08-03-23