WASHINGTON, July 15, 2019 — The Trump administration said Monday that it would move to block nearly everyone from requesting asylum if they arrive at the U.S.-Mexico border by making anyone who did not apply in an another country ineligible.
The forthcoming rule, which is to be published jointly in the Federal Register by the Departments of Homeland Security and Justice, would bar any alien from receiving asylum “who enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States.”
If the rule goes into effect and is enforced, it would have the practical effect of making anyone who arrives in the United States at the southern border ineligible for asylum unless they were denied protection after applying in another country, can demonstrate that they were a victim of “a severe form of trafficking in persons, or if the countries they passed through on the way to the United States were not parties to 1951 and 1967 immigration treaties.
Successful implementation of the rule would mark a major victory for President Donald Trump and his administration. Ending the ability of mostly non-white refugees from South and Central America to seek asylum has long been a priority for Trump, who largely based his 2016 campaign on a promise to build a concrete wall along the U.S.-Mexico border.
Trump and his allies have frequently complained that the United States’ laws governing asylum — which are based in part on treaty obligations implemented in the 1980 Refugee Act — are a “magnet” which draws undesirable people to the United States.
The President has also frequently repeated the false claim that those seeking asylum are “illegal immigrants,” despite the fact that asylum is a legal process and those who seek it have rights which are guaranteed under the United States Constitution.
Acting Secretary of Homeland Security Kevin McAleenan said the rule is necessary because the supplemental appropriations bill passed by Congress will not be sufficient because Congress has not taken action to amend laws governing the asylum process and make other changes to the immigration system.
“Until Congress can act, this interim rule will help reduce a major ‘pull’ factor driving irregular migration to the United States and enable DHS and DOJ to more quickly and efficiently process cases originating from the southern border, leading to fewer individuals transiting through Mexico on a dangerous journey,” he said.
Attorney General William Barr also defended the rule, calling it “a lawful exercise of authority provided by Congress to restrict eligibility for asylum.”
But Congressional Human Rights Council Chairman Rep. Tom Malinowski, D-N.J., called the Trump administration’s latest attempt to limit asylum claim an “un-American” rule which “once again highlights the Trump administration’s obsession with inflicting cruelty and pain on refugees seeking legal asylum from violence.”
“It contradicts the spirit of laws which Congress has passed to protect asylum seekers and is not legal under the statutes they cite. I hope the courts hold the administration accountable to the rule of law and put an end to this nonsense as quickly as they can,” he said.
In a statement, ACLU Immigrant Rights Project Deputy Director Lee Gelernt said the Trump administration “is trying to unilaterally reverse our country’s legal and moral commitment to protect those fleeing danger.”
He added that the new rule is “patently unlawful” and said the ACLU will sue to block it “swiftly.
The immigration treaties to which the U.S. is a signatory are the 1951 Convention relating to the Status of Refugees, the 1967 Protocol relating to the Status of Refugees, or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Party-Line Votes Stop Schumer’s Subpoena Push
The Senate has rejected a succession of amendments to the rules governing President Trump’s impeachment trial which would direct Chief Justice John Roberts to issue subpoenas to the White House and several executive branch agencies which refused to honor subpoenas issued during the House’s impeachment inquiry.
Senators voted along party lines, 53-47 to table a series of amendments offered to the proposed Republican-authored trial rules by Senate Minority Leader Chuck Schumer, D-New York, which would have compelled the White House, the State Department, and the Office of Management and Budget to produce documents for the Senate to consider as evidence when deciding whether to remove Trump from office for abuse of power and obstruction of Congress.
Senator Ted Cruz, R-Texas, condemned Democrats for objecting to the “very reasonable proposal” of using a process similar to that used to try President Bill Clinton in 1999.
“This seems to be a time for Adam Schiff and the house managers to attack the president and lecture the American people,” he said.
While speaking to reporters during a break in the trial, Minnesota Democrat Amy Klobuchar hit back against White House Counsel Pat Cipollone, who during part of his arguments on Tuesday remarked that “some of you” (referring to senators who are currently running for the Democratic presidential nomination) “should be in Iowa” rather than sitting in the Senate chamber.
“I’ve made clear from the very beginning that I’ve got to do my constitutional duty,” she said.
Senate Minority Leader Chuck Schumer Outlines Proposal to Majority Leader for Senate Trial of Donald Trump
WASHINGTON, December 16, 2019 – Senate Minority Leader Chuck Schumer wants President Donald Trump’s impeachment trial to feature witness testimony that was not elicited by House Democrats during their months-long impeachment investigation.
In a letter to Senate Majority Leader Mitch McConnell, R-Ky., Schumer, D-NY, proposed that the president’s Senate trial begin on Tuesday, January 7th, with House Democrats’ beginning to present their case two days later.
Under Schumer’s proposed trial structure, House Democrats and the president’s attorneys would each have 24 hours to present their case.
But Schumer would also like to hear from witnesses “with direct knowledge of Administration decisions regarding the delay in security assistance funds to the government of Ukraine.”
Among the witnesses Schumer would like Democrats to call are White House Acting Chief of Staff Mick Mulvaney, Mulvaney adviser Robert Blair, former National Security Advisor John Bolton, and Office of Management and Budget Associate Director for National Security Michael Duffey.
Messrs. Mulvaney, Blair, Bolton and Duffey were each subpoenaed by House Democrats during the House’s investigation, but each of them declined to appear, citing President Trump’s order that administration officials ignore subpoenas issued as part of the House’s inquiry.
According to Schumer, witnesses are necessary because unlike most figures involved in President Bill Clinton’s 1999 impeachment trial, none of the witnesses he has proposed have offered any previous testimony, while many potential witnesses at Clinton’s trial testified before Independent Counsel Kenneth Starr’s grand jury.
“The trial structure I outlined in my letter to Leader McConnell will ensure all the facts come out,” Schumer said Monday while speaking to reporters.
“In the coming weeks, Republican senators will have a choice — do they want a fair, honest trial that examines all the facts, or do they want a trial that doesn’t let the facts come out?” he asked.
“Trials have witnesses,” he said, adding that if Republicans declined to allow witnesses to be called, the American people would infer that Trump has something to hide.
Trump Administration and Its Enablers Attempt to Smear Civil Servants, Not Political Holdovers
After two weeks of hearings which revealed President Donald Trump’s attempt to force Ukraine’s government to announce sham investigations into conspiracy theories meant to exonerate Russia from having interfered in the 2016 election and former Vice President Joe Biden’s family, it’s now a foregone conclusion that Democrats will eventually vote to approve articles of impeachment against a president for only the third time in American history.
When the House reconvenes in December, the task of crafting those articles will fall to House Judiciary Chairman Jerrold Nadler and his staff. They will have a lot of material to work with, mostly testimonial evidence from career foreign service officers, civil servants, foreign policy experts, and even an active duty Army officer, Lieutenant Colonel Alexander Vindman.
But rather than accept the testimony of these largely nonpartisan public servants, Republicans have endeavored to shoot the messengers.
Lt. Col. Vindman, who emigrated here as a child from the Soviet Union and who has literally bled for his adopted homeland (earning a Purple Heart in the process), was recently branded as “Vindictive Vindman” by first-term Sen. Marsha Blackburn, R-Tenn.
Other witnesses, like Deputy Assistant Secretary of State George Kent and former Ambassador to Ukraine Marie Yovanovitch, have been branded as “Never Trumpers” by the president himself. And the Intelligence Community whistleblower whose complaint touched off the entire impeachment inquiry has been labeled — without evidence — a “Democrat operative” by Trump defenders such as Rep. Devin Nunes, R-Calif., the Intelligence Committee’s ranking member.
Some observers may see the constant counterpunching and impugning of witnesses’ motives as just another part of Republicans’ strategy to defend President Trump. But it’s not.
It’s much more frightening than that.
The attempt to smear these nonpartisan civil servants is part of a long-running attempt by Trump and his allies to delegitimize the entire concept of a non-partisan civil service.
It’s a project that stems both from Trump’s obsession with loyalty combined with his misguided belief that federal employees work for him, and from his administration’s goal to “deconstruct the administrative state.”
It began shortly after Trump was sworn in on January 20, 2017, when his allies in conservative media began complaining about “Obama holdovers” serving on the staff of the National Security Council, and in places like the Defense Department, State Department, and pretty much every other executive branch agency.
These “holdovers,” Trump allies said, were to blame for many of the president’s failures, and were part of a Democratic “deep state” working to frustrate Trump’s goals.
The problem with that, of course, is that there is no such thing as a “holdover” — at least not the way Trump and his allies mean.
It is possible for an agency official to be a holdover from a previous administration. When President Obama was preparing to take office in January 2009, he asked then-Bush Defense Secretary Robert Gates to remain in his position.
Gates, a political appointee, was literally held over from the previous administration.
But that’s not what the term means to Trump and his allies.
To them, “holdovers” are the career civil servants and subject matter experts who keep the government running. Such people been a fixture in American government since 1883, when then-President Chester Arthur signed the Pendleton Civil Service Reform Act, which created a competitive exam process for selecting government employees and made it illegal to fire them for political reasons.
Arthur was an unlikely booster for the idea of a professional civil service. He was a “stalwart,” part of a faction of the Republican Party that supported the “spoils” system, which gave the president — and the party controlling the White House — complete control of federal hiring. He was elected as James Garfield’s running mate to placate those Republicans who were concerned about Garfield’s potential for turning off the spoils system’s spigot of graft.
But the abundance of patronage jobs — and the president’s control over them — ended up costing Garfield his life in September 1881, months after he’d been shot twice by Charles Guiteau, a mentally ill man who’d attacked Garfield in a Washington, D.C. train station because he’d been denied the job of consul to Vienna or Paris.
The horror of Garfield’s assassination galvanized public support for a civil service bill, and Arthur — who’d been the subject of unfounded suspicions after his name was invoked by Garfield’s assassin — signed it.
Since then, nonpartisan civil servants have been a fact of life for presidents.
Most have understood that the career professionals who staff the executive branch departments have a vital function.
But not Trump.
For Trump, having served in government during Barack Obama’s presidency is enough to cast suspicion on any federal employee, and his suspicion of career professionals has extended throughout the executive branch.
At agencies large and small, policy planning meetings are routinely restricted to political appointees, and some policies — like the proposed (and dead-in-the-water) merger between the Office of Personnel Management and the General Services Administration — have been designed to give the White House more control over hiring.
Many of those policies have not come to fruition, but the goal of getting rid of “disloyal” employees has now become an article of faith for Trump defenders.
A Senate trial will give Republicans yet more reasons to attack career professionals as disloyal.
The next election will determine whether punishment for “disloyalty” will become more than a conservative pipe dream.