Army discharging some immigrant recruits

The U.S. Army has begun quietly discharging some immigrant members, a move that could put those member’s immigration status at risk, The Associated Press reported Thursday.

Immigration attorneys told the AP that they knew of more than 40 immigrant recruits and reservists who had been discharged from their service or whose status is now at question.

Some of the military members told the AP that they did not know why they were discharged. Others said they were told they were labeled a “security risk” because of relatives abroad and or because their background checks were incomplete.

Spokespeople for the Pentagon and the Army told the news outlet that they could not comment on the discharges or say if there have been any policy changes due to pending litigation.

The Defense Department told the AP in a statement that “[a]ll service members (i.e. contracted recruits, active duty, Guard and Reserve) and those with an honorable discharge are protected from deportation.”

The immigration attorneys told the AP that many of the immigrants received an “uncharacterized discharge,” putting into question their ability to remain in the U.S.

Immigrant military members can obtain citizenship if they receive an honorable discharge. The AP reported that basic training has been delayed for discharged immigrant soldiers, which means they can’t become naturalized citizens.

Recruits must have legal status in the U.S. before enlisting in the Army. About 10,000 immigrants are currently serving in the military, with most going to the Army, according to the outlet.

The reports comes amid a Trump administration crackdown on immigration, including a “zero tolerance” policy mandating that all undocumented immigrants caught at the border face prosecution.

[The Hill]

President Donald Trump: ‘Our Laws are the Dumbest Anywhere in the World’

On the same day as immigration protests and marches were held throughout the nation, President Donald Trump called for those entering the country without proper paperwork to be immediately escorted “back out.”

“When people come into our Country illegally, we must IMMEDIATELY escort them back out without going through years of legal maneuvering,” Trump opined in a midafternoon tweet.

He then added this about U.S. law: “Our laws are the dumbest anywhere in the world. Republicans want Strong Borders and no Crime. Dems want Open Borders and are weak on Crime!”

Trump’s tweet follows an earlier tweet where he claimed, “I never pushed the Republicans in the House to vote for the Immigration Bill.” Just a few days ago, however, he said just that.

[Mediaite]

Sarah Sanders: ‘Just Because You Aren’t Seeing a Judge Doesn’t Mean You Aren’t Getting Due Process’

Sarah Huckabee Sanders offered an intriguing defense of Donald Trump on Monday when asked about his apparent call for the country to disregard due process when dealing with illegal immigrants.

It’s been over a week since the last White House press briefing, so Sanders was buried under an avalanche of questions regarding the president’s rescinded policy of taking migrant children away from their parents at the U.S. southern border. As Trump railed against immigration laws and people “[invading] the country” over the weekend, he tweeted at one point that immigrants need to be sent back where they came from “with no Judges or Court Cases” involved.

When CNN’s Jeff Zelany asked Sanders if Trump was saying illegal immigrants have no right to due process, she defended the president by saying that current laws allow for the deportation of illegal aliens without having to go through court.

“Thousands of illegal aliens are removed every month without seeing an immigration judge as a result of procedures in current law including voluntary removal and expedited removal. Just because you don’t see a judge doesn’t mean you aren’t receiving due process. The president is focused on securing our borders and reforming our immigration system to prevent the crisis at the border from betting worse.”

Zeleny continued to press Sanders by asking her if immigrants who are deported this way don’t get a chance to appeal for asylum or make their case before a judge.

[Mediaite]

Reality

On one hand we have the Constitution, which makes it very clear due process applies to anyone on American soil.

This was reaffirmed in the 2001 Supreme Court decision Zadvydas v. David (533 US 678): “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence here is lawful or unlawful.”

But on the other hand we have expedited removal where a person does not see the inside of a courtroom and a low-level immigration officer simply deports a person without any due process. Expedited removal is only allowed to be applied to undocumented immigrants without any documentation, not on asylum seekers which we are mostly seeing today, and has historically been used only on individuals who are repeat offenders.

But the law has been used more and more over the past several years, for example 44 percent of all removals from the United States were conducted through expedited removal in 2013.

Media

Trump amplifies push to end due process for illegal immigrants

President Donald Trump on Monday doubled-down on his position that due process for illegal border crossers is too time consuming, advocating instead for a border security system that prevents undocumented immigrants from entering the U.S. illegally in the first place.

“Hiring manythousands [sic] of judges, and going through a long and complicated legal process, is not the way to go – will always be dysfunctional [sic]. People must simply be stopped at the Border and told they cannot come into the U.S. illegally. Children brought back to their country,” the president wrote on Twitter, splitting his message into two posts. “If this is done, illegal immigration will be stopped in it’s [sic] tracks – and at very little, by comparison, cost. This is the only real answer – and we must continue to BUILD THE WALL!”

Trump’s border security and immigration policy has been the subject of significant criticism in recent days as outcry grew over the administration’s “zero tolerance” policy that led to the separation more than 2,000 children from parents who brought them illegally into the U.S. The president signed an executive order last week aimed at keeping families together but has continued to press for tougher border security, blaming Democrats unwilling to accede to his immigration and security proposals for issues at the border.

In his efforts to point the finger at the minority party in both houses of Congress, Trump has gone so far as to undercut his own party’s efforts at passing immigration reform legislation, writing on Twitter that House Republicans are wasting their time trying to pass such a measure when it is unlikely to pass in the Senate.

The president’s Monday derision of a legal process by which undocumented immigrants are removed from the country without judicial proceedings or review was an extension of an argument he put forward over the weekend, when he wrote that “when somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came.”

“We cannot allow all of these people to invade our Country,” he wrote. “Our system is a mockery to good immigration policy and Law and Order. Most children come without parents.”

https://www.politico.com/story/2018/06/25/trump-due-process-immigrants-669334

US leaving UN Human Rights Council — ‘a cesspool of political bias’

US Ambassador to the United Nations Nikki Haley announced the United States is withdrawing from the UN Human Rights Council Tuesday, accusing the body of bias against US ally Israel and a failure to hold human rights abusers accountable.

The move, which the Trump administration has threatened for months, came down one day after the Office of the UN High Commissioner for Human Rights slammed the separation of children from their parents at the US-Mexico border as “unconscionable.”
Speaking from the State Department, where she was joined by Secretary of State Mike Pompeo, Haley defended the move to withdraw from the council, saying US calls for reform were not heeded.
“Human rights abusers continue to serve on, and be elected to, the council,” said Haley, listing US grievances with the body. “The world’s most inhumane regimes continue to escape its scrutiny, and the council continues politicizing scapegoating of countries with positive human rights records in an attempt to distract from the abusers in its ranks.”

‘Deeply disappointed’

“For too long,” Haley said, “the Human Rights Council has been a protector of human rights abusers, and a cesspool of political bias.”
Based in Geneva, the Human Rights Council is a body of 47 member states within the United Nations tasked with upholding human rights.
Membership on the council gives countries like the United States a voice in important debates over human rights atrocities, but the council’s critics, including Haley, say abusers use their membership to guarantee their own impunity.
Vice President Mike Pence tweeted a statement: “Today the U.S. took a stand against some of the world’s worst human rights violators by withdrawing from the United Nations Human Rights Council. By elevating and protecting human rights violators and engaging in smear campaigns against democratic nations, the UNHRC makes a mockery of itself, its members, and the mission it was founded on. For years, the UNHRC has engaged in ever more virulent anti-American, and anti-Israel invective and the days of U.S. participation are over.”
The UN expressed disappointment. “The Secretary-General would have much preferred for the United States to remain in the Human Rights Council,” Stéphane Dujarric, the spokesman for UN Secretary-General António Guterres, said in response to the US announcement. “The UN’s Human Rights architecture plays a very important role in the promotion and protection of human rights worldwide.”
The move was immediately condemned by a dozen charitable groups, who wrote to Pompeo to say they were “deeply disappointed with the Administration’s decision to withdraw the United States from the United Nations Human Rights Council, the premier intergovernmental human rights body at the global level.”

‘A so-called Human Rights Council’

“This decision is counterproductive to American national security and foreign policy interests and will make it more difficult to advance human rights priorities and aid victims of abuse around the world,” they added.
Salil Shetty, Amnesty International’s secretary-general, said: “Once again President Trump is showing his complete disregard for the fundamental rights and freedoms the US claims to uphold. While the Human Rights Council is by no means perfect and its membership is frequently under scrutiny, it remains an important force for accountability and justice.”
US withdrawal from the council follows efforts by Haley and the US delegation to implement reforms, including more stringent membership criteria and the ability to remove members with egregious human rights records.
“When a so-called Human Rights Council cannot bring itself to address the massive abuses in Venezuela and Iran, and it welcomes the Democratic Republic of Congo as a new member, the council ceases to be worthy of its name,” said Haley. “Such a council, in fact, damages the cause of human rights.”
Haley also blasted the council for a “disproportionate focus and unending hostility toward Israel,” citing a series of resolutions highlighting alleged abuses by the Israeli government of Palestinians in Gaza and the West Bank.
Haley said the United States will continue to promote human rights outside of the council and would consider rejoining it in the future if reforms are made.
“We have used America’s voice and vote to defend human rights at the UN every day,” she said, “and we will continue to do so.”

[CNN]

Trump says he ‘hates’ family separations at border

President Donald Trump on Friday condemned the practice of separating children from their parents at the border and reiterated an incorrect assertion that the Democrats are to blame for the practice.

“I hate the children being taken away. The Democrats have to change their law. That’s their law,” Trump said to a group of reporters on the White House lawn in an impromptu appearance on “Fox and Friends“ Friday morning.

The “zero tolerance” approach to immigration that the Trump administration adopted resulted in the controversial policy of border agents separating families. But Trump insisted that the ball is in the Democrats’ court.

“The Democrats gave us the laws. Now, I want the laws to be beautiful, humane, but strong. I don’t want bad people coming in,” Trump said. “We can solve that problem in one meeting. Tell the Democrats and your friends to call me.”

House Republicans on Thursday released a bill intended to keep migrant children with their families if they are detained. Immigration-rights advocates, however, have criticized the proposal for “prolonging detention and hastening deportation” because it allows children to be held in detention centers with their parents.

Thursday night, White House press secretary Sarah Huckabee Sanders also pushed forward the administration’s message that Democrats are responsible for the separation of families in a tense exchange with White House reporters.

“Illegal alien families is the product of the same legal loopholes that Democrats refuse to close. And these laws are the same that have been on the books for over a decade,” she said.

[Politico]

Trump says he wants “my people” to sit at attention for him like people do for Kim Jong Un

President Trump declared in a spur-of-the-moment interview with “Fox and Friends” Friday morning that he wants people to sit at attention for him like they do for North Korean dictator Kim Jong Un.

Kim stands accused of leading a murderous regime that starves its own people. But Mr. Trump has heaped praise on Kim since meeting with him in Singapore, saying repeatedly that the two have “good chemistry.”

“Hey, he is the head of a country and I mean he is the strong head,” Mr. Trump told Fox News’ Steve Doocy on the White House lawn Friday. “Don’t let anyone think anything different. He speaks and his people sit up at attention. I want my people to do the same.”

Pressed by a reporter about those remarks moments later, Mr. Trump said he was “kidding.”

“I’m kidding, you don’t understand sarcasm,” the president said.

The spur-of-the-moment White House lawn interview was, in the memory of those present, unprecedented.

Mr. Trump was later asked how he can mourn the death of American Otto Warmbier, who was held hostage in North Korea, while defending Kim’s disastrous human rights record.

“I don’t want to see a nuclear weapon destroy you and your family,” Mr. Trump said. “I want to have a good relationship with North Korea. I want to have a good relationship with many countries.”

Those comments come after a different Fox News interview earlier this week, when the president also downplayed Kim’s human rights record.

“You know you call people sometimes killers, he is a killer. He’s clearly executing people,” Fox News’ Bret Baier told Mr. Trump.

“He’s a tough guy,” the president responded.

“Hey, when you take over a country, tough country, with tough people, and you take it over from your father, I don’t care who you are, what you are, how much of an advantage you have,” the president continued. “If you can do that at 27 years old, I mean that’s one in 10,000 that could do that. So he’s a very smart guy, he’s a great negotiator. But I think we understand each other.”

[CBS News]

Media

Trump blames Obama for Crimean annexation yet again

Amidst the furor of new trade tensions with the U.S.’s G7 partners, President Donald Trump let slip the latest in a series of criticisms leveled at former President Barack Obama for allegedly allowing Russia to invade Ukraine.

Obama, according to Trump, was “the one that let Crimea get away,” adding that his predecessor in the White House “allowed Russia to take Crimea. I may have had a much different attitude.”

While the criticism was pointed, it fits a prior pattern of Trump accusing Obama of emboldening Russia to invade Ukraine. Indeed, the criticism mirrors prior comments Trump has made vis-a-vis Obama and Crimea.

Now, added to those criticisms are Trump’s most recent comment on Crimea this weekend.

As the president said about Crimea, “it’s been done a long time.” It was unclear if the president was speaking specifically about Russia’s invasion of Ukraine, or simply its claims in Crimea. However, in the context of calling to readmit Russia to the G7 — it had been the G8 until Moscow was expelled due to its actions in Ukraine — Trump’s comments appeared to hint that the White House was creeping closer to de jure recognition of Russia’s control of the Ukrainian peninsula.

Trump has insinuated in the past that he’d be open to recognizing Russia’s annexation outright, the first forced annexation in Europe since the outset of World War II. In 2015, Trump distanced the U.S. from the issue, saying the Russian invasion remains “Europe’s problem.”

A year later, Trump leaned even closer to outright recognition — even managing to lend credence to Russian propaganda points on the annexation, which was illegal according to Ukrainian law and which didn’t feature any legitimate election observers. (The peninsula’s indigenous Crimean Tatar population, which had been deported en masse from Crimea under Joseph Stalin, largely boycotted the vote.)

As Trump said in 2016, “The people of Crimea, from what I’ve heard, would rather be with Russia than where they were. And you have to look at that, also.” Around the same time, Trump added that as president he would be “looking at” recognition.

If Trump does eventually follow through on recognition, he will join a small club of despotic governments and client-states that have supported Russia in Crimea, from North Korea and Kazakhstan to Cuba and Venezuela.

[ThinkProgress]

Media

Trump says he’s ‘not above the law’ but insists he can pardon himself

President Donald Trump said Friday he is “not above the law” while insisting he has the “absolute right” to pardon himself should criminal wrongdoing be unearthed in the probe into Russian election meddling in the 2016 election.

Top Democratic lawmakers expressed deep concern after Trump claimed earlier this week he was entitled to pardon himself, blasting the probe by special counsel Robert Mueller into contacts between his campaign officials and Russia as “unconstitutional.” Trump’s assertion was further undercut by House Speaker Paul Ryan, who on Wednesday said Trump “obviously” shouldn’t pardon himself because “no one is above the law.”

The president, speaking to reporters outside the White House on Friday, expressed a similar sentiment when asked about the topic.

“No, I’m not above the law, I never want anybody to be above the law,” Trump said.

But Trump went on to stress that pardons “are a very positive thing for a president.” And the president reasserted his belief that he is entitled to pardon himself, even as he denied any wrongdoing.

“Yes, I do have an absolute right to pardon myself, but I’ll never have to do it because I didn’t do anything wrong and everybody knows it,” Trump said.

Trump has repeatedly slammed the probe by Mueller into Russian election interference as a “witch hunt,” and the White House and his legal team have called for the special counsel to wrap up its investigation.

[Politico]

Trump’s White House Iftar Is Missing Major American Muslim Groups

America’s largest Muslim organizations will not be attending President Donald Trump’s first iftar dinner on Wednesday night ― an absence that highlights the tumultuous relationship the president has had with American Muslim communities.

Since the Clinton administration, the White House has hosted holiday iftar dinners for foreign diplomats, Cabinet officials and Muslims from civil society organizations in honor of the Islamic holy month of Ramadan. The Trump White House declined to host an iftar dinner last year, but surprised many Muslim advocates by announcing that it was planning one for Wednesday.

The official guest list for the event has not been released, but press secretary Sarah Huckabee Sanders said about 30-40 people were expected to attend, The Associated Press reports.

The White House did not immediately respond to a request for comment.

[Huffington Post]

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