Legal, political questions surround Obama’s delayed immigration action

Aljazeera 

The latest chapter of this year’s long and winding immigration saga has Barack Obama’s administration delaying taking unilateral action to remove the threat of deportation for millions of undocumented immigrants, after vowing to do just that by the end of the summer.

After it became clear that a legislative solution was almost certainly dead in the 113th Congress, administration officials were said to be preparing wide-ranging changes to the way immigration laws were enforced. Although the White House has discussed few details in public, advocates were hoping for temporary legal relief and work permits for law-abiding undocumented migrants who had established roots in the United States — a population that could number in the millions.

However, under pressure from vulnerable Democrats up for re-election this year and with control of the Senate at stake, the administration is now considering delaying an announcement of any changes until after the midterms, if it undertakes action on immigration at all.

But that may come as no surprise, given the legal and political matters involved in the perennially explosive issue of what to do about the 11 million undocumented immigrants living in the United States.

Legal scholars have debated for months whether the president would be overstepping his authority in granting such a broad reprieve, with conservative lawmakers admonishing the administration for not enforcing the nation’s laws and saying that further executive action amounts to a power grab.

Students to Boycott Newark Public Schools

ColorLines

When Newark public school students return to class this Thursday, some children will be missing their first day. A local parents' group announced last week that some 600 parents have pledged to keep their children out of classes to protest the district's sweeping new reform plan, One Newark. Campaign leaders have described the boycott as move of desperation for a community that has felt steamrolled by the high-powered reform agenda and the state control that has governed their schools for two decades.

One Newark has been billed as a massive overhaul of the struggling school system. Under the plan, which was approved last December, the district will close, phase out or reformulate roughly one-third of its schools. Students will no longer be assigned to their neighborhood schools. Instead, a complex algorithm will match families with schools of their choice across the district.

The plan, which focuses elementary and middle schools, has had a rough rollout over the past couple of weeks. Parents who were invited to register their children for school have waited in line for hours, CBS reported. New Jersey's News 12 found a family with five children who were assigned to five different schools.

"The superintendent announced this plan as an opportunity of choice, but what it's turning out to be is an opportunity of chance," says Sharon Smith, a co-founder of Parents United for Local School Education (PULSE). "At some point parents don't have a chance to get into their schools of choice, or even into a school at all."

The boycott is only the latest battle in a long-running feud that pits teachers' unions and progressive education advocates against education reformers such as Superintendent Cami Anderson, New Jersey Governor Chris Christie and U.S. Senator and former Newark mayor Cory Booker.

Racism Is Real. The 'Conversation' Isn't.

Bloomberg Review

The shooting and subsequent rioting in Ferguson, Missouri, like the killing of Trayvon Martin or countless incidents before it, will not produce a "national conversation" on race. If Americans can elect a black man president without ever having such a conversation -- we've done so twice -- we're not about to have one over the umpteenth violent death of a young lower-class black male.

Regardless, a conversation -- on any topic -- requires shared predicates and vocabulary. You can't have a conversation about global warming with interlocutors who contend that thousands of scientists around the globe, speaking different languages and working for different governments and unaffiliated institutions, are co-conspirators in a vast enterprise for no apparent gain. You can't have a conversation about government's impact on the economy with people who believe that the federal government spent $800 billion -- dropping it from helicopters or otherwise -- without creating a single job. And you can't have a conversation about race with people who believe that claims of racism are inherently bogus, or who have convinced themselves that Democrats, the president very much included, intentionally encourage black dependence on government for political reasons. The common denominator among those views is a crude form of denial -- a refusal to acknowledge the legitimacy of experience outside the universe of talk-radio claptrap.

David Frum's new article in Foreign Affairs echoes Tom Edsall's insight that contemporary politics has become a do-or-die battle over diminishing resources, with older, whiter, conservative Americans determined to prevent the flow of government benefits away from them and toward a younger cohort. For some conservatives, that contest is defined by race. Here is how Democratic pollster Stan Greenberg summed up the racial anxiety of evangelical and Tea Party Republicans (whose perceptions were starkly different from those of moderate Republicans) in focus groups he conducted: "Their party is losing to a Democratic Party of big government whose goal is to expand programs that mainly benefit minorities." Thus the crucible of Obamacare. In effect, legions of conservatives have reasoned that the Affordable Care Act is not a response to a problem previously addressed by every other advanced nation; nor is it the culmination of a more than half-century-long project of the Democratic Party -- one that began back when segregationist Democrats controlled the Senate. Instead, they conclude, it is an effort designed to generate dependency and transfer wealth from whites to browns.

In a 2013 poll, 61 percent of white conservatives and 56 percent of whites ages 65 or older agreed that discrimination against whites would increase due to rising racial diversity. That's hardly grounds for a warm embrace of a multiracial future. As Edsall and others have noted, political scientists have found an increase in racial resentment among white conservatives since Obama -- the nation's demographic change incarnate -- was elected. 

In a May YouGov poll, only 14 percent of Republicans deemed past discrimination a "major factor" in lower average wealth levels among blacks. (Aggressive impediments to wealth creation were a major theme of Ta-Nehisi Coates's essay that same month.) Only 8 percent of Republicans agreed that discrimination "in getting a quality education" is currently a problem for blacks.

Consider that. In a nation where even middle-class wealth is often inherited, and the fortunes of Rockefellers, Fords, Kennedys and Mellons are famously known to endure through generations, 45 percent of Republicans said that 250 years of enslavement followed by more than a century of legally and socially enforced economic and political disenfranchisement are simply "not a factor" impeding black wealth creation. Another 35 percent of Republicans polled said that the history of discrimination was only a "minor factor." So 350 years of official discrimination followed by decades of diminishing, but still discernible, racism produced no great economic ills.

You can impose all the caveats on this you like. Blacks, too, possess varying degrees of racial animus. And liberals, of course, have their own blinders, delusions and prejudices. But a belief that white advantage in American society -- including a median household wealth gap of around 20-to-1 between whites and blacks -- is exclusively a product of the character failings of blacks is a kind of lunacy. Americans frequently dismiss turmoil in the Middle East by noting that religious and tribal tensions there were centuries in the making. But here, massive barriers to black success disappeared when Lyndon Baines Johnson signed civil-rights legislation?

Two months after Obama's pivotal, political March 2008 speech on race, Washington Post reporter Kevin Merida wrote a story about Obama campaign volunteers encountering explicit racism while soliciting support. When Merida sought comment from the campaign, it responded with a bromide about "the core decency, kindness, and generosity of Americans from all walks of life." The deflection was political, yet honest in its way. Indeed, we are mostly a decent, kind and generous folk. Just don't try to have a conversation with us about race.

Ny Times writer says he's racist

Mediaite and What is racism?

Nicholas Kristof, a white columnist for the New York Times, has a confession: He’s “a little bit racist.” It’s a conclusion he came to after playing a first-person shooter video game wherein he found himself shooting unarmed black men more often than white men.

In the op-ed, titled “Is Everyone a Little Bit Racist?,” Kristof ticks through some statistics demonstrating that white Americans are perceived by others in a more favorable way than black ones. One of those stats involves a University of Colorado study that had participants play the game and try to shoot different images of men either carrying a gun (“bad guys”) or something else, like a bottle (“good guys”). Most players, black or white, were more likely to shoot the unarmed black men than the unarmed white men.

From Kristof’s column:

USC RB quits Claims White Coach is a Racist

USA Today

Running back Anthony Brown has quit Southern California's football team, and coach Steve Sarkisian was stunned Thursday by Brown's apparent accusations of racism against him on social media.

A photo of the words "Couldn't play for a racist man!!!!" was posted on what USC said was Brown's Instagram account. The posting was later deleted.

"Sark treated me like a slave in his Office," was posted in the caption to the photo, along with the hashtag "Fighton."

Sarkisian was told about the apparent posts from Brown, who is black, shortly after USC finished practice Thursday. The visibly disturbed coach called them "ridiculous," saying Brown had shown no indication he felt slighted or insulted in their relationship.

"If you ask anybody in our building, any of our players ... that's about the furthest thing from the truth," Sarkisian said. "Quite honestly, I'm shocked."

Brown's acrimonious departure is another blow to a program already reeling from the bizarre saga of cornerback Josh Shaw, who was caught in a lie about the circumstances in which he sprained both of his ankles last weekend. Shaw has been suspended indefinitely.

Brown is a senior who played cornerback for the Trojans until this year, starting two games in each of his first three seasons. He played in only two games last year due to ankle injuries, racking up nine tackles at Notre Dame before missing the final eight games.

Davd Ragland: Michael Brown and the America’s Structural Violence Epidemic

 by David Ragland

I flew into St. Louis on Saturday, August 9, to celebrate the birthdays of my mother and nephew and immediately learned about Mike Brown, a soon-to-be college student who was fatally shot by Ferguson police. As my community and I struggle to make sense of this recent murder, I cannot help but think of the structures of racism and violence in America and how they perpetuate police brutality against Black Americans. Police brutality is a national crisis, but the underlying structural violence - racism, economic injustice and militarism – is a national epidemic.

Disproportionality in police use of force against Black Americans persists and cannot be tolerated. An April 2013 report prepared by the Malcolm X Grassroots Movement found that killings of Black Americans by “law enforcement, security guards and stand-your-ground vigilantes” have increased from one every 36 hours, in the first half of 2012, to one every 28 hours by the end of that year. This appalling statistic is rooted in structural racism that systematically excludes persons of color from opportunities and perpetuates negative stereotypes.

In their 2006 book, The Color of Wealth: The Story Behind the U.S. Racial Wealth Divide, Meizhu Lui and Barbara Robles illustrate this continuing, race-oriented, systematic exclusion of Americans of color from opportunities that are supposed to build an individual’s wealth - business loans, employment opportunities, mortgages and G.I. benefits, for example.  BBC News’ 2012 mini-documentary, “The Delmar Dividing Line,” illuminates how the structural violence of impoverishment in St. Louis, Mo., continues to fall along racial lines with Blacks in the North with low incomes and Whites in the south with significantly higher incomes - a separation reminiscent of the 19th century. 

In a society where wealth brings respect, these economic injustices translate into social, cultural and institutional views of Blacks as lazy and morally inferior. In addition, the Black community is often framed as violent and animalistic, as illustrated by a recent CNN video of a protest in Ferguson, Mo., where a police officer shouted, “Bring it, all you fucking animals!” Perspectives like these serve to perpetuate structural racism and justify violence against the Black community as people who should be feared.

In his August 4, 2014 article for Gawker, Jason Parham argues that police brutality should finally be considered a national crisis. While I agree, we should go a step further and address our national epidemic of structural violence. With increasingly militarized police departments throughout the US, supported and influenced by a government that uses violence to police the world, our city streets are battlegrounds. With structural racism’s harmful, dehumanizing images, the enemy insurgents are Black.

How should we respond to this national epidemic and the murder of Michael Brown? In dealing with the immediate issue, protesters and the family of Michael Brown want his killer immediately arrested and tried in court. This may happen, but while the motto on most police cars is protect and serve, there is an overwhelming sense in communities of color that police often simply protect their own.

In the short-term, as a start, we should require police to wear cameras on their uniforms. A 2013 Cambridge University study found that body cameras for police in Rialto, Ca. reduced the use of force by 50 percent. We should pursue greater community involvement in, and oversight of, policing. Further, we need to create policies that reward those who have taken mediation and nonviolence training and who demonstrate empathy and commitment to the communities they serve.

Most importantly, in the long-term, we need restorative justice programs and processes enabled in communities across the nation. Restorative justice processes can open dialogues between police and their communities and lessen the friction and false images that lead to Brown’s murder--or Eric Garner, or Oscar Grant or Kendra James or Jonathan Ferrell or James Perez or any other unarmed young black person unjustly killed by police who have been primed and pumped up to use lethal force against perceived but nonexistent threat.

As a national community, we have to demand justice for Michael Brown and all others killed by or suffering from structural violence and its perpetuation of police brutality in America. We have to demand justice that restores our communities through listening, power sharing and mutual respect and moves us toward a cure for this national epidemic.

David Ragland, writing for PeaceVoice, is a visiting Assistant Professor of education at Bucknell University, board member for the Peace and Justice Association and United Nations representative for the International Peace Research Association.

Mike Brown’s Family Asked To See Robbery Footage Before Police Released It To Media, But Were Ignored

From [HERE] One of the Brown family’s attorneys told ABC that the family was not shown a surveillance tape of their son allegedly committing a robbery before it was released to the media, nor were they given a chance to positively identify their son in the video.

A week ago on August 9th, an unarmed 18-year-old Michael Brown Jr. was shot and killed by a police officer in Ferguson, Missouri, sparking an ongoing wave of confrontations between protesting Ferguson residents and local law enforcement. On Friday, August 15th, Ferguson police released a convenience store surveillance video that purportedly shows Brown engaged in a strong-arm robbery — shoving a clerk to take some cigars from the store — the same day he was killed.

Anthony Grey, a local lawyer in Ferguson, told ABC’s This Week that the Brown family was not shown the video before it was released to the press, even though they had requested “to see any video footage before it was released.” Nor were they given the chance to positively identify Brown in the video.

“They were appalled by it,” Grey told an ABC reporter on Sunday morning. “They saw it for the first time – a glimpse of it — on nationwide TV. They had requested an opportunity, through the attorneys, to see any video footage before it was released. That request was not honored.”

“No one was given the opportunity to authenticate it was Mike Brown Jr. in the video.”

When asked if the family believes it is their son in the video, Grey said “they haven’t examined it for that purpose,” but “there’s no reason not to believe that it’s him.” Another Brown family lawyer, Benjamin Crump, also said the person in the video appears to be Michael Brown.

However, Ferguson Police Chief Thomas Jackson also acknowledged the officer who shot Brown did not know he was a suspect in the robbery when he stopped Brown and another young man for “walking down the middle of the street, blocking traffic.” And the release of the footage coincided with the decision by Ferguson law enforcement to release the name of the officer involved in the shooting, after the community had requested that information for days and been denied.

Jackson said he distributed the surveillance tape “because the press asked for it,” and because he couldn’t withhold it indefinitely.

“It’s a diversion, and it’s an attempt to smear Michael’s character,” said Eric Davis, a cousin of Brown’s mother, in reaction to the tape’s release.

Missouri Governor Jay Nixon (D) also told NBC on Sunday that the release of the video was “just not right.” Missouri State Highway Patrol Captain Ron Johnson, who took over operations in Ferguson at Nixon’s request, also said the release of the video in concert with the release of the officer’s name was “not the way that we needed to go.”

Protests and violent confrontations between residents and the police have continued in Ferguson over the week since the shooting. A brief period of calm ensued after Johnson replaced Jackson as the man in charge of police response. But violence and looting flared up again this weekend, possibly due to community response to the release of the video.

Gov. Nixon declared a state of emergency on Saturday afternoon and set a curfew for Ferguson from midnight to 5 am. Groups of protestors have also formed chains at night to protect stores and to discourage other crowds protestors from looting.

Congress to Review the Transfer of Military Weapons to Police Forces after Ferguson

ThinkProgress

In the aftermath of clashes between heavily armed police forces and protesters in Ferguson, MO, the Senate will review the nearly twenty-five year old law that promotes the transfer of surplus military goods to police forces, the head of the Senate Armed Services Committee said on Friday.

The tensions in Ferguson after the death of teenager Michael Brown at the hands of the police in a shooting that still has many questions left unresolved have been punctuated by the collision of protesters and the Ferguson police force. On Wednesday evening, the local police displayed a wide-ranging array of gear that would normally be considered outside the scope of traditional policing, including armored personnel carriers, high-powered sniper rifles, and sirens capable of emitting deafening noises. Though the Missouri Highway Patrol was brought in to takeover from the local law enforcement, APCs and tear gas were still deployed against demonstrators and looters violating the state-imposed curfew alike, and the images of full body-armor clad police facing unarmed protestors have become iconic.

The level of armament on display was enough to concern Sen. Carl Levin (D-MI), chairman of the Senate Armed Services Committee. Specifically, Levin has an issue with how the 1990 law designed to provide this hardware to police in helping out in the War On Drugs has been carried out. Under the so-called 1033 program, more than 8,000 state and local law enforcement agencies have taken part in purchasing more than $4 billion worth of this surplus, according to the Department of Defense. Just how apocable some of this material is for everyday crime-fighting is questionable, as Stars and Stripes noted a “county in Ohio bought an Mine-Resistant Ambush Protected vehicle in June for $6,000 — the towering trucks used to protect troops from roadside bombs in Iraq cost the military $535,000 or more apiece.”

“Congress established this program out of real concern that local law enforcement agencies were literally outgunned by drug criminals,” Levin said in a statement released Friday. “We intended this equipment to keep police officers and their communities safe from heavily armed drug gangs and terrorist incidents. Before the defense authorization bill comes to the Senate floor, we will review this program to determine if equipment provided by the Defense Department is being used as intended.”

The National Defense Authorization Act (NDAA) is considered one of the most reliable bills to come through Congress, given its usually bipartisan nature overall and its status as a “must-pass” bill. As such, it often used as a vehicle to deal with contentious issues such as torture, the use of force overseas, and detention at Guantanamo Bay. The Senate passed its version of the FY 2015 NDAA in May, leaving the full Senate now able to offer amendments before final passage.

At present, the state of Missouri — and every other state in the Union — has access to a veritable grab-bag of military surplus gear. “A small sample of the types of items issued in the past to participating agencies are aircraft (both fixed wing and rotary) and four-wheel drive vehicles (such as pickup trucks, blazers, ambulances and armored personnel carriers),” a page on the Missouri government’s website touting the program and encouraging law enforcement to apply for it reads. “The armored personnel carriers are used for S.W.A.T. teams along with victim an officer recovery. Ballistic helmets and vests are issued for officer safety. BDU clothing (including Nomex fire retardant), boots, wet weather and cold weather clothing, canteens, and web belts are some of the types of field gear items issued for marijuana eradication. Binoculars, radios, camcorders, and tv/vcr combinations are used for tactical and intelligence gathering operations.”

So far, however, it appears the review in Congress will be one-sided. The NDAA is a bicameral affair, requiring both the House Armed Services Committee and the Senate version to match up in the final review. So while Levin has spoken out about the need to review the arms transfers, and Rep. Hank Johnson (D-GA) has introduced a separate bill in the House, his counterpart in the House — Rep. Howard “Buck” McKeon — has remained silent on the matter of Ferguson and arms transfers.

The militarization of police in Ferguson, Mo., is part of a national trend.

ProPublica

The militarization of police in Ferguson, Mo., is part of a national trend. The war on terror has helped transform local police forces around the country, flooding them with tactical military equipment designed for combat. The Center for Investigative Reporting first explored the trend in 2011, and the New York Times’ Matt Apuzzo checked its growth this summer. For an overview, listen to ProPublica’s Justin Elliott discuss the military stockpiling of U.S. police forces with CIR’s G.W. Schulz.

 

Inflammatory Meet The Press Guest [white lady] Uses Michael Brown Shooting To Mislead On Criminal Justice Racism

Media Matters

National Review Online contributor Heather Mac Donald falsely said there is no evidence "that the overrepresentation of blacks in prison or arrest statistics is a result of criminal justice racism," while on NBC's Meet the Press. In fact, studies have found "conclusively" that disproportionate incarceration for African Americans is attributed to "racial bias."

Mac Donald has a history of racially inflammatory comments, including claiming that young African-American males have a "lack of self-discipline"; that it is "common sense that black students are more likely to be disruptive" than white students; and that black men possess a "lack of impulse control that results in ... mindless violence on the streets."

Still, the August 17 edition of Meet the Press turned to Mac Donald to discuss fallout from the fatal shooting of unarmed African American teenager Michael Brown by a white police officer in Ferguson, MO. In a taped segment, Deadspin.com's Greg Howard argued that "It's physically easier for a police officer to weigh what a black man's life is worth and to end up feeling that he is justified in pulling the trigger." Mac Donald was then presented as a counterpoint, to claim there is no evidence of racial bias in the criminal justice system:

Federal judge refuses to block Racist North Carolina voter law

[JURIST]

A judge for the US District Court Middle District of North Carolina [official website] on Friday rejected [opinion, PDF] preliminary relief in the form of an injunction against a new voter law [HB 589, PDF] in North Carolina. The law will require voters to show a picture ID at the polls by 2016, but other changes are already in effect and were at issue in the case, including a seven-day reduction of the state's early-voting period; the elimination of registration and voting on the same day during early voting; a ban on provisional ballots and a program that allowed 16- and 17-year-olds to pre-register in anticipation of coming elections. The legislation followed a 2013 Supreme Court ruling [JURIST report] that struck down Section 5 of the federal Voting Rights Act [text].

Federal judge denies stay of Racist Wisconsin voter ID ruling

[JURIST]

A federal judge on Wednesday denied a request by Wisconsin's Attorney General JB Van Hollen [official profile] to stay the his April ruling [JURIST report] against the state's voter identification law. The April ruling found that the Act 23 [text, PDF] requirement that all residents present photo ID when voting violated the Voting Rights Act [materials] and the US Constitution. Van Hollen asked both District Judge Lynn Adelman and the US Court of Appeals for the Seventh Circuit [official website] to put a hold on the ruling so that voters would be required to show photo identification at the polls in the upcoming November elections. Adelman stated that the request was denied because the chances that Van Hollen would win the case on appeal are very low.

NFL's Washington Redskins file appeal in trademark ruling over team name

[JURIST]

The Washington Redskins of the National Football League (NFL) [official websites] filed an appeal in federal court on Thursday to challenge a June ruling [text, PDF] by the Trademark Trial and Appeals Board of the US Patent and Trademark Office [official websites] that found the team name "Redskins" is "disparaging of Native Americans." The team filed its appeal [official press release] in the US District Court for the Eastern District of Virginia [official website] alleging the administrative decision erred in its judgment and lacked the authority to consider relevant constitutional violations that would result from the cancellation [Politico report]...

FBI announces next steps in civil rights investigation in Missouri

[JURIST]

The FBI, US Attorney General for the Eastern District of Missouri Richard G. Callahan and Acting Assistant Attorney General for the Civil Rights Division Molly Moran [official websites] on Friday released a statement [text] announcing the next steps in the federal civil rights investigation into the recent killing of Michael Brown in Missouri. The team plans to continue interviewing witnesses to conduct a thorough and complete investigation of the incident.

Following the shooting of Trayvon Martin, an unarmed black teenager, in Florida in 2012 the US has confronted the issue [JURIST report] of racial profiling by police units, and the recent killing of Brown has reinvigorated similar concerns. On Thursday the parents of Trayon Martin and a similar victim addressed racial discrimination [ACLU report] in the US before the United Nations. On Monday the US Attorney General announced [press release] a statement declaring the investigation of the Brown shooting will receive a "fulsome review." On Tuesday the FBI opened a probe [WSJ report] into the shooting. Also this week Human Rights Watch (HRW) and Amnesty International (AI) [advocacy websites] issued reports [JURIST report] alleging the use of police force and intimidation tactics to dispel largely nonviolent protestors following the shooting threatens constitutional freedoms. In late June the American Civil Liberties Union (ACLU) [advocacy website] published a report [JURIST report] arguing that increased militarization of police forces is putting citizens at risk rather than protecting them.

New Family Detention Centers Hold Immigrant Women and Children Without Bond as Asylum Claims Pend

DemocracyNow

The Obama administration has opened two new family detention centers to hold hundreds of women and children from Central America who fled to the United States reportedly to escape violence in their home countries. While most of the 63,000 unaccompanied minors detained at the border since January have now been placed with family members as their cases are processed, those caught with their mothers are being held without bond. A 600-bed detention center run by GEO Group in Karnes City, Texas, opened at the beginning of August and is reportedly already full. Democracy Now! producer Renée Feltz visits a second detention center in Artesia, New Mexico, to report on the poor conditions and lack of due process for migrants, and the lawyers mobilizing to assist them. "Children were not eating. Children were getting very sick," says attorney Megan Jordi. "Every child I saw looked incredibly emaciated and had a hollow look in their eyes."

As WHO Warns Ebola Death Toll is Underestimated, How Should Global Community Handle Dire Crisis?

DemocracyNow

The World Health Organization is now saying the number of reported cases and deaths of Ebola in West Africa vastly underestimates the scale of the outbreak. The official death toll from the Ebola outbreak is now at 1,069 since February. Guinea has become the fourth country in Africa to declare a national health emergency as it battles the spread of the deadly Ebola virus in the worst outbreak since the disease was discovered in 1976. The outbreak began in Guinea, where it has killed 377 people. It has since spread to Liberia, Sierra Leone and Nigeria, which have all declared a national health emergency. We speak to three guests: Pulitzer Prize-winning journalist Laurie Garrett, senior fellow for global health at the Council on Foreign Relations; public health law professor Lawrence Gostin of Georgetown University; and medical anthropologist Adia Benton of Brown University, who has conducted research on infectious disease in Sierra Leone over several years.