Category: Immigration

John Kelly defended separating children from their families at the border as a deterrent

Last week, White House Chief of staff John Kelly went on National Public Radio to make it clear that despite repeated bald-faced statements to the contrary, the Trump administration does not view immigrants as dangerous criminals. Regrettably, Kelly didn’t stop there. A second later, he defended the practice of separating children from their families at the border as a deterrent to illegal immigration. He then explained that the children torn from their mothers and fathers would be handled by “foster care or whatever,” a flippant phrase that betrayed the dismissiveness of not only Kelly but Jeff Sessions and the architects of the Justice Department program to the suffering of children.

The phrase was enough of a rhetorical roadblock that it prompted many to stop and further inspect the logic of the Justice Department program, which is being touted as a humane deterrent, which is an oxymoron. The program is designed to deter border crossings by presenting a profound threat to parents. It is fully intended to terrify. If it weren’t, it would not make sense as a program. The idea then that Americans should not see the separation as an act of retribution perpetrated against families, is ludicrous. For hardliners, the suffering of Guatemalan children might be an appropriate price for a secure border, but there’s little reason to think most Americans are sympathetic to that perspective. With the Pew Research Center uncovering a net outflow of migrants — more are leaving than coming in — America could afford a more humane approach.

Instead, the word of the day is “tough.” That’s John Kelly’s macho go-to. “It could be a tough deterrent — would be a tough deterrent,” he told NPR.

At one point in his interview Kelly, who is a father, evinced sympathy for migrants and acknowledged that they were heading to America for understandable reasons. He did not dive into the specifics of the violence families flee or the specific threats to children that exist in places like El Salvador, but he gestured in the direction of empathy. He publically faced the truth that these people are willingly staring down very long odds and will keep coming.

So, again, what is a “tough deterrent” but the promise of future violence, an assurance that America will not be safer for your children than wherever you started walking.

[Yahoo]

Kelly says undocumented immigrants ‘don’t have the skills’ to assimilate into US society

White House chief of staff John Kelly said he believes the vast majority of undocumented immigrants crossing the southern border into the US do not assimilate well because they are poorly educated.

“Let me step back and tell you that the vast majority of the people that move illegally into United States are not bad people. They’re not criminals. They’re not MS13,” Kelly told NPR in an interview released late Thursday, referring to the criminal gang. “But they’re also not people that would easily assimilate into the United States into our modern society.”

The former secretary of the Department of Homeland Security said the undocumented immigrants don’t speak English and are “overwhelmingly rural people” from countries where “fourth-, fifth-, sixth-grade educations are kind of the norm.”

don’t integrate well; they don’t have skills. They’re not bad people. They’re coming here for a reason. And I sympathize with the reason. But the laws are the laws,” he went on to say.

According to NPR, Kelly supports DHS’ decision in ending temporary protected status (TPS) for Haiti, El Salvador, Nepal, Nicaragua, Sudan, and more recently Honduras.

However, he floated the idea of finding a path to citizenship for the more than 425,000 immigrants, many of whom have lived in the US legally for decades under TPS.

“I think we should fold all of the TPS people that have been here for a considerable period of time and find a way for them to be on a path to citizenship,” Kelly said.

Kelly, who is seen inside the Trump administration as a “hardass” on immigration, was previously accused of degrading undocumented immigrants in February, when he suggested that some were “too afraid” or “too lazy” to sign up for the Deferred Action for Childhood Arrivals program.

“There are 690,000 official DACA registrants and the President sent over what amounts to be two and a half times that number, to 1.8 million,” he said on Capitol Hill after meeting with Senate Majority Leader Mitch McConnell, according to audio posted by The Washington Post.

“The difference between 690 and 1.8 million were the people that some would say were too afraid to sign up, others would say were too lazy to get off their asses, but they didn’t sign up,” Kelly added.

After another meeting on Capitol Hill, Kelly later said some people who were DACA eligible but didn’t sign up had reasons but most probably “needed to get off the couch.”

[CNN]

Trump Stands By His ‘Muslim Ban’ Campaign Rhetoric: ‘There’s Nothing to Apologize For’

President Donald Trump apparently stood by his campaign calls for a “Muslim ban” in a news conference with Nigerian President Muhammadu Buhari on Monday, telling a reporter he has “nothing to apologize for” regarding his rhetoric.

The first question of his joint presser went to Washington Times reporter S.A. Miller, who pointed out that the opposition to the Trump administration’s travel ban in court rests on his campaign rhetoric calling for the ban of Muslims from the U.S.

“The lawyers for your opponents said if you would simply apologize for your rhetoric from the campaign, the whole case would go away,” Miller noted.

“I don’t think it would,” Trump replied. “And there’s no reason to apologize. Our immigration laws in this country are a total disaster, they’re laughed at all over the world, they’re laughed at, for their stupidity.”

“We have to have strong immigration laws,” Trump continued. “So I think if I apologized it wouldn’t make ten cents of a difference to them. There’s nothing to apologize for. We have to have strong immigration laws to protect our country.”

Despite the administration’s claims that its immigration ban on seven Muslim-majority countries is not a ban on Muslims, it has struggled against opponents in court cases who use Trump’s campaign rhetoric calling for a “Muslim ban” against him.

[Mediaite]

Media

Trump Asks If There Are Hispanics In The Room Before Demanding His Wall

President Donald Trump was met with silence at a campaign-style rally in Michigan Saturday night when he asked if there were any Hispanics present, then repeated his demand for a border wall.

Trump skipped the White House Correspondents Dinner to instead regale his fervent supporters in Washington, Michigan. After taking credit for Hispanic unemployment numbers dropping, the president said this:

“Any Hispanics in the room?” Trump asked to relative silence. “Naw, not so many? That’s OK.”

Then he took a swerve into: “In all fairness, Kanye West gets it. He gets it.” The president was referring to the rapper’s recent show of support for him.

Satisfied the audience was lacking in Hispanics, Trump launched into a tirade repeating his demand for his border wall, and said those illegally crossing into the U.S. are somehow voting for Democrats in elections.

“All of these people pouring across are gonna vote Democrat,” he claimed, even though studies have shown few undocumented people vote for anyone, Democrats or otherwise, except in the few places where their votes are specifically allowed.

“They do it for a lot of reasons,” Trump said. “A lot of times they don’t even know what they’re doing or why they’re doing it, but we have to have borders and we need it fast.”

He threatened to “close down the country” if he doesn’t get funding for his wall in next year’s budget.

Before Trump attempted to reach out to Hispanic voters in South Florida earlier this month, he employed a similar tactic of surveying the audience.

“Are there any Hispanics in the room?” Trump asked during a roundtable discussion on tax cuts, The Washington Post reported.

He didn’t wait for an answer.

“No, I doubt it,” he said.

[Huffington Post]

Trump declares unemployment problem solved and announces plan to let low-skill guest workers in

At his Saturday night rally in Michigan, Donald Trump said that the nation’s employment problems are solved and announced that he is let low-skill workers come into the country to do agriculture work.

“And for the farmers, OK, it is going to get good. And we’re going to let your guest workers come in,” he said. “We’re going to have strong borders, but we have to have your workers come in… The employment picture is so good, so strong, that we have to let people in.

While talking a lot about the wall, Trump said that he would allow guest workers to come in. But, he said, he would then want them to leave.

“Guest workers. Don’t we agree? We have to have ’em,” he said.

The line got tepid applause.

[Raw Story]

Media

Trump floats September shutdown for ‘border security’

President Donald Trump told supporters at a speech on Saturday that if Congress did not meet his funding demands for border security, he may support a government shutdown this fall.

Trump was speaking in Washington Township, Michigan, at the same time that the White House correspondents’ dinner was taking place back in Washington, DC, with some lawmakers and current and former members of his administration in attendance. During his remarks, he alluded to the appropriations deadline at the end of September.

“We have to have borders, and we have to have them fast,” he said. “And we need security. We need the wall. We’re going to have it all. And again, that wall has started. We got 1.6 billion. We come up again on September 28th, and if we don’t get border security, we’ll have no choice. We’ll close down the country because we need border security.”

Despite his campaign pledge to make Mexico pay for his proposed wall on the US-Mexico border, Trump has demanded that Congress fund the project. Last month, he signed a bill that funds the government through September after expressing frustration with a spending package that included $1.6 billion for border security, but not the wall.

In his speech Saturday night, Trump railed against the Democratic Party on a range of issues, including immigration.

“A vote for a Democrat in November is a vote for open borders and crime,” Trump said.

He continued, “The open border policies of the Democratic Party are not just wrong, they’re dangerous, and they’re in fact deadly. They’re deadly.”

[CNN]

Trump Judicial Nominee Appears to Have Called Undocumented Immigrants “Maggots”

Next week, the Senate Judiciary Committee will hold hearings on the nomination of Michael Truncale, whom Donald Trump selected to sit on the U.S. District Court for the Eastern District of Texas. A longtime Republican donor and activist, Truncale built his career opposing progressive policies, including the Affordable Care Act, gun control, and abortion access. He also appears to have referred to undocumented immigrants as “maggots.”

Truncale made this comment in 2012, when running for Congress in Texas’ 14th Congressional District, a seat that came open upon the retirement of Rep. Ron Paul. (He ultimately lost, coming in third place in the GOP primary.) During a candidate forum hosted by the Galveston County Republican Party and the Republican Network of Galveston County, Truncale said that the state’s Southern border is “very porous.” He continued:

And as a result of the nature of that border we have all sort of bad influences coming in. We have drugs, we have illegal gangs, there is the possibility of bombs from a host of other countries and people from overseas and we must secure that border. I think we should do it with boots on the ground. As a citizen taxpayer, I think that we should take some of the equipment that is coming back from Iraq that citizens have already paid for and instead of sending it to some warehouse in Nebraska or some place, let’s get it to the border patrol. … There can be some fencing, there can be electronic surveillance, and things of that nature to secure the border. But that’s the first thing.

Truncale then added that “with regard to immigration, we must not continue to have the maggots coming in.”

It is difficult to read this statement, first flagged by Harsh Voruganti of the nonpartisan legal blog the Vetting Room, as anything other than a reference to undocumented immigrants. The apparent slur raises obvious questions about Truncale’s impartiality in cases involving Latinos and immigrants, as well as his overall fitness for the bench. Judges may hold strong feelings about border security. But Truncale’s decision to publicly malign unauthorized immigrants raises doubts about his ability to separate personal prejudices from his professional duties.

In that respect, Truncale resembles Jeff Mateer, Trump’s previous nominee to the Eastern District of Texas. Mateer notoriously calledtransgender children part of “Satan’s plan.” (The White House eventually withdrew his nomination.) Like Mateer, Truncale was recommended to Trump by Texas Republican Sens. Ted Cruz and John Cornyn. Presumably, Cruz and Cornyn chose him because of his enduring support for the GOP: Truncale served on the executive committee of the Texas Republican Party from 2006 to 2014 and has donated nearly $7,000 to Cornyn’s campaigns over the past dozen years. (He also gave Cruz $1,000 in 2015.) Moreover, Truncale served as a Republican delegate for John McCain in 2008 and volunteered for the Trump campaign. (He has spent his legal career at the firm Orgain, Bell & Tucker, practicing civil defense and white-collar criminal defense.)

Cornyn and Cruz might’ve hoped that Truncale would prove to be less controversial than Mateer. But he is likely to face tough questions at his hearing next week, as Democrats and some Republicans have lost their patience with openly biased nominees.

[Slate]

Trump blasts ‘breeding’ in sanctuary cities. That’s a racist term.

What exactly did President Donald Trump mean by “breeding” when he tweeted Wednesday about cities that will not cooperate with the federal government to deport the undocumented.

This is Donald Trump. He meant exactly what you think.

The tweet, offered Wednesday morning, argued that Californians prefer his hard-line policies to those of Gov. Jerry Brown.

“There is a Revolution going on in California. Soooo many Sanctuary areas want OUT of this ridiculous, crime infested & breeding concept. Jerry Brown is trying to back out of the National Guard at the Border, but the people of the State are not happy. Want Security & Safety NOW!”

It is true that the government of Orange County has voted twice now to opt out of the state’s so-called “sanctuary” law.

Whether there is full-blown “Revolution” in California seems less likely.

But it’s the next part of the tweet that is more difficult to understand.

“Sooo many Sanctuary areas want OUT of this ridiculous, crime infested & breeding concept,” according to the President.

What exactly does he mean by “breeding concept?” It appears to be a new addition to his rhetoric on immigration. He doesn’t appear to have used it before on Twitter or in recent public remarks on sanctuary cities.

There is great danger in trying to dissect every word of a Trump tweet, but in this case it is worth trying to figure out. CNN has reached out to the White House to figure out exactly what he meant.

The tweet has not been deleted at the time of this writing, so he means for those words to remain out there. In other words, it’s not likely to be at typo. He has been known to correct those in the past.

A simple Google search doesn’t uncover any specific mention of a “breeding concept” with regard to sanctuary cities in the conservative media, so it’s a little unclear what he’s referring to.

Taken literally, the most likely explanation is that he’s talking about sanctuary cities as places where undocumented immigrants breed.

If that’s right, there’s a racial undertone in the comment should slap you in the face.

Fear of immigrants from certain countries “breeding” has been a staple of nativist thought for hundreds of years. The “breeding” fear has been affixed to Jews from Eastern Europe, Catholics from Ireland and Italy, Chinese and, now, Latinos, Filipinos, Africans and Haitians. This is dog-whistle politics at its worst.

“Breeding” as a concept has an animalistic connotation. Dogs and horses are bred. So his use of it is, at best, dehumanizing to the immigrants he appears to be referring to.

The other possible definition of the word has to do with manners passed down through generations. In that case, Trump is saying people in sanctuary cities weren’t raised right. That doesn’t seem to work within the context of the tweet.

Plus, there is Trump’s obsession with the idea of immigrants flooding the US. He’s insisted that immigration reform end the concept of what opponents call “chain migration.”

“Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump said during his State of the Union address. Politifact called that claim “misleading.”

At the outset of his presidential campaign, he seemed in tent on challenging the 14th Amendment’s guarantee of birthright citizenship.

“What happens is they’re in Mexico, they’re going to have a baby, they move over here for a couple of days, they have the baby,” he told Fox News in August 2015 as he was taking command of the Republican field. “Many lawyers are saying that’s not the way it is in terms of this,” and went on to say, “They are saying it is not going to hold up in court. It will have to be tested but they say it will not hold up in court.”

In an interview around the same time with CNN’s Chris Cuomo, he said, “You have people on the border and in one day, they walk over and have a baby and now all of the sudden, we’re supposed to pay the baby.”

Changing interpretation of the 14th Amendment is not an issue he’s pursued as President, but it’s clear from those early interviews that he has at times wanted to pursue it and that he’s been nervous about immigrant children.

More recently, he’s raised concerns that immigrant women coming into the US have, in large numbers, been raped.

All of those things put together suggest Trump’s “breeding concept” tweet, consciously or not, is in line with his efforts use ever more divisive rhetoric on immigration.

[CNN]

Justice Department Will Pause A Legal Advice Program For Detained Immigrants

The Department of Justice will temporarily suspend funding for a legal-advice program for detained immigrants as well as a telephone help line at the end of the month, according to officials.

On Tuesday, the department alerted the Vera Institute of Justice, an immigrants rights organization that runs the Legal Orientation Program and the Immigration Court Helpdesk, that the government needs time to review the effectiveness of the program.

The most recent review occurred in 2012. According to public statements, the annual price tag of the program is about $6 million.

The Justice Department declined to explain why it has chosen to review the program when the contract expires on April 30. Officials also declined to provide a timeline for the review.

According to the Vera Institute of Justice, the program serves more than 50,000 people per year in 38 Immigration and Customs Enforcement detention centers across the country. The nonprofit works with a network of 18 legal aid organizations to provide information in multiple languages about immigrant rights and how the legal system operates.

“Without this program immigrants are effectively being stripped of access to even the most basic information,” Claudia Cubas, the litigation director for Capital Area Immigrants’ Rights Coalition, told NPR.

Cubas’ Washington, D.C.-based group provides services for undocumented immigrants in six detention centers in Maryland and Virginia. In addition to an orientation session explaining terminology and the processes of immigration cases, the nonprofit groups also try to pair individuals with pro bono attorneys who can then represent them in immigration court, Cubas said. In instances where staff members take on cases, Cubas said, the lawyers are not paid through the government program.

The program was created in 2003 under President George W. Bush.

“Without this funding, we don’t know if we’ll be able to respond to the growing detention population that we’re seeing at a local level. And given concerns about the immigration court backlog this is an incongruous decision because studies show people who get legal help can more quickly make decisions about their case,” she said.

A 2012 cost analysis by the Justice Department’s Executive Office for Immigration Review concluded that 94 percent of detained migrants who were provided services on or before the day of their first immigration court hearing spent 11 fewer days in ICE detention and completed their immigration proceedings 16 days faster than those who did not.

The same study found that the program created a net savings for the government of nearly $18 million.

In recent months, the Justice Department has made several changes to the nation’s immigration courts intended to clear a vast backlog, now estimated to be about 685,000 cases, according to Syracuse University.

The Department of Justice also announced last week that immigration judges’ job performance will be evaluated by how quickly they close cases.

[NPR]

Former ambassador to Vietnam: Trump wanted me to send back refugees

Former U.S. Ambassador to Vietnam Ted Osius said he resigned from his post last year after the Trump administration asked him to pressure the Vietnamese government to receive more than 8,000 Vietnamese refugees marked in the U.S. for deportation.

The vast majority of the people targeted for deportation — sometimes for minor crimes — were war refugees who had established lives in the U.S. after fleeing the Vietnam War more than 40 years ago, Osius wrote in an essay this month for the American Foreign Service Association.

“And they were to be ‘returned’ decades later to a nation ruled by a communist regime with which they had never reconciled. I feared many would become human rights cases, and our government would be culpable,” he wrote.

The State Department declined to comment Friday. The Department of Homeland Security did not immediately reply to a request for comment. Osius, now vice president of Fulbright University Vietnam, a private, nonprofit institution in Saigon, described his three-year tour as U.S. ambassador in Hanoi as “the high point of my 30-year career in the Foreign Service and the honor of a lifetime.” Efforts to reach him through the university and the foreign service association Friday were unsuccessful.

Osius’s admission took on significant resonance in San Jose, which is home to more than 100,000 Vietnamese Americans, one of the largest populations of Vietnamese-born people outside of Vietnam.

It comes months after Vietnamese activists across the country, including many in the Bay Area, raised concerns that U.S. Immigration and Customs Enforcement was rounding up undocumented immigrants from Vietnam in unprecedented numbers that left communities shocked and fearful. They estimated more than 100 Vietnamese were detained across the country in October alone.

The surge in ICE activity appeared to spring in part from the Trump administration’s aggressive efforts to deport immigrants with criminal records, even in circumstances where their home countries haven’t traditionally cooperated with U.S. removal orders. In the past, immigrants in that situation have been allowed to stay in the U.S., but the Trump administration has been pressing Cambodia and Vietnam, in particular, to take back their deportees.

The result is that immigrants who have established roots and lives in the U.S. in spite of their eligibility for deportation are suddenly being detained and shipped out.

Vietnamese and U.S. officials in 2008 signed a repatriation memorandum that in part said Vietnamese immigrants who arrived in America before 1995 would not be subject to deportation. Activists, however, say some of the individuals being detained arrived before 1995, leaving them to wonder whether some of these deportations are illegal. Several organizations filed a lawsuit against the federal government in February for violating its repatriation agreement with Vietnam.

“It falls in line with what we predicted about this administration,” said Nate Tan, a member of the Asian Prisoner Support Committee in Oakland. “I’m not shocked. It’s disheartening and not surprising that this administration is working so hard to deport people who are refugees.”

In his essay, Osius said he feared “this repulsive policy” would destroy any chances Trump had in fulfilling other goals for relations with Vietnam, among them reducing trade deficit, strengthening military relations and coping with regional threats, such as those from North Korea.

“I voiced my objections, was instructed to remain silent, and decided there was an ethical line that I could not cross if I wished to retain my integrity. I concluded that I could better serve my country from outside government, by helping to build a new, innovative university in Vietnam,” he wrote.

Phi Nguyen, litigation director at Asian Americans Advancing Justice in Atlanta, said she’s happy the former diplomat spoke out.

“A lot of what’s been happening has happened behind closed doors,” she said. “I’m encouraged to see somebody going public with speaking out against this policy that the Trump administration is implementing, not only with respect to Vietnam but also with Cambodia, Iraq and Somalia and all of the countries that historically have not repatriated people who are ordered deported.”

[Mercury News]

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