And Rudd Falls on Her Sword

Amber Rudd has been in the unenviable, and nonviable, position of having to defend a racist attempt to expel legal immigrants from the Caribbean that was initiated by her predecessor, the current Prime Minister

She could not really reverse the policy, or blaming her predecessor, so she has been a political punching bag for the past few weeks.

Then, this Friday, the Guardian got its hands on a memo proving that she was enforcing arbitrary deportation quotas, something that she had categorically denied:

Amber Rudd’s insistence that she knew nothing of Home Office targets for immigration removals risks unravelling following the leak of a secret internal document prepared for her and other senior ministers.

The six-page memo, passed to the Guardian, says the department has set “a target of achieving 12,800 enforced returns in 2017-18” and boasts that “we have exceeded our target of assisted returns”.

It adds that progress has been made on a “path towards the 10% increased performance on enforced returns, which we promised the home secretary earlier this year”.

The document was prepared by Hugh Ind, the director general of the Home Office’s Immigration Enforcement agency, in June last year and copied to Rudd and Brandon Lewis, the then immigration minister, as well as several senior civil servants and special advisers.

………

The issue has become particularly toxic because of coverage of the Windrush generation – many of whom have been made destitute, homeless and denied benefits and healthcare because of the Home Office’s “hostile environment” policy towards those it deems to be lacking appropriate documentation to be in the UK.

It appears that this latest revelation was enough to force her out:

Amber Rudd has dramatically resigned as home secretary, after repeatedly struggling to account for her role in the unjust treatment of Windrush generation migrants.

The home secretary was forced to step down after a series of revelations in the Guardian over Windrush culminated in a leak on Friday that appeared to show she was aware of targets for removing illegal migrants from Britain.

The pressure increased late on Sunday afternoon as the Guardian revealed that in a leaked 2017 letter to Theresa May, Rudd had told the prime minister of her intention to increase deportations by 10% – seemingly at odds with her recent denials that she was aware of deportation targets.

Rudd was facing a bruising appearance in the House of Commons on Monday. Downing Street sources said that in preparing for her statement, new information had become available which convinced Rudd she had inadvertently misled parliament – and she had therefore phoned the prime minister on Sunday to tender her resignation.

More significant than Rudd's departure is the fact that she was a distraction from Theresa May's role in creating and enforcing the "hostile environment" policies of the Home Office when she was Home Secretary.

Headline of the Day

Amber Rudd stumbles toward total ineptitude over Windrush

—The Guardian

Amber Rudd is in a no win situation, of course.

This cock-up was created by her predecessor at Home Secretary, probably deliberately, but seeing as how the prior Home Secretary is one Theresa May, now Prime Minister, and as such is Rudd's boss, (for a while, at least), she is precluded from pointing at the person who created the problem in the first place.

Hopefully, this takes both Rudd and May down.

I am Sure that Theresa May Does Not Think of Herself as a Racist

But the so-called "Windrush scandal", where Theresa May, then Home Secretary, systematically destroyed evidence that would be required of  legal immigrants from the Caribbean to prove their legal entry into the country:

The Home Office destroyed thousands of landing card slips recording Windrush immigrants’ arrival dates in the UK, despite staff warnings that the move would make it harder to check the records of older Caribbean-born residents experiencing residency difficulties.

A former Home Office employee said the records, stored in the basement of a government tower block, were a vital resource for case workers when they were asked to find information about someone’s arrival date in the UK from the West Indies – usually when the individual was struggling to resolve immigration status problems.

Although the home secretary, Amber Rudd, has promised to make it easier for Windrush-generation residents to regularise their status, the destruction of the database is likely to make the process harder, even with the support of the new taskforce announced this week.

The former employee (who has asked for his name not to be printed) said it was decided in 2010 to destroy the disembarkation cards, which dated back to the 1950s and 60s, when the Home Office’s Whitgift Centre in Croydon was closed and the staff were moved to another site. Employees in his department told their managers it was a bad idea, because these papers were often the last remaining record of a person’s arrival date, in the event of uncertainty or lost documents. The files were destroyed in October that year, when Theresa May was home secretary.

A person’s arrival date is crucial to a citizenship application, because the 1971 Immigration Act gave people who had already moved to Britain indefinite leave to remain.

She then followed up with her hostile environment policy, which, much like Donald Trump's, "Self-Deportation," rhetoric was a policy of deliberately terrorizing immigrants.

The inevitable conclusion was that this was a deliberate series of actions:

Theresa May was two years into her job as home secretary when she made her strategy explicit, telling the Telegraph in 2012 her aim “was to create here in Britain a really hostile environment for illegal migration”.

The outcry over the treatment of the Windrush generation of migrants in Britain legally, but sometimes without the paperwork to prove it, has exposed the scale of that strategy.

The hostile environment created by new legislation and regulation has meant migrants do not face border officials only when they enter the country for the first time, but as a constant part of daily life. They must prove their immigration status whenever they try to rent a property, open a bank account or access the health services. Landlords and employers become immigration enforcers – or risk hefty fines.

At the Home Office, May was tasked with delivering David Cameron’s election promise that immigration would be reduced to the tens of thousands, a pledge that has still yet to be realised.

………

Teather, who is now the director of the Jesuit Refugee Service, said: “Theresa May was determined to transform things. She was proud of wanting to generate a really hostile environment.

“The Home Office has a culture of enforcement and disbelief which runs deep into the walls, but it is politically led. It’s a culture from the top, and it has been a bit rich for the home secretary, Amber Rudd, to blame civil servants. When you’ve had a Conservative home secretary that long, you cannot moan when civil servants deliver those policies.”

Before this metastasized into a political catastrophe for the Tories, Theresa May, and her hand picked successor at the home office, were congratulating themselves over their mindless brutality.

The fact that this happened to an immigrant population that is almost entirely black is no accident.

They are a bunch of racist rat-f%$#s, period, full stop.

More Cowbell!!!!

A vegan nut-job^* activist in Switzerland has been denied citizenship in for a campaign against cowbells:

A longtime resident of Switzerland has been refused a passport because of her outspoken campaign against cowbells. Vegan animal rights activist Nancy Holten, who was born in the Netherlands but has lived in Switzerland since she was eight years old, has been labelled a "big mouth" by the resident committee in her village that has rejected her citizenship application twice.

Holten's argument? Wearing heavy metal bells around their necks is causing Switzerland's roaming cows physical pain and distress. Switzerland's argument? Cows look damn good in bells, especially when they're roaming around in the picturesque alps. Also, tourists are charmed by them.

In Switzerland, citizenship applications are partially assessed by a committee of residents who live in the same district as the applicant. It would appear that Holten is unpopular among some in her village of Gipf-Oberfrick, with a local representative of the Swiss People's Party Tanja Suter telling the Swiss media that she "annoys us and doesn't respect our traditions."

Cow bells aren't the only cause on Holten's mind. The self-described freelance journalist, author, model and drama student has staged multiple campaigns against other beloved national pastimes like hunting and piglet racing. According to Swiss news site The Local, the sounds of church bells irritate her too. Does this woman even eat Lindt balls?

You know, cow bells would not be my choice for a hill to die on, but whatever.

^*The nut job has nothing to do with being a vegan, and everything to do with freaking out over f%$#ing cowbells.

Stopped Clock, H1B Edition

It appears that any number of abusers of the H1B program, like Tata, Wipro, and Infosys, who make big bank on gaming the H1B visa program, are incensed that they will now have to provide evidence that they are actually bringing people in to fulfill an otherwise unavailable talent:

The United States Department of Homeland Security's Citizenship and Immigration Services has released new and strict rules for H-1B visas, the permit used by many-a-tech-company to bring skilled workers to the USA from abroad.

President Donald Trump campaigned on a promise to restrict use of the visas, which he claimed are used to import workers who are paid less than locals and therefore make it harder for US citizens to get a job. Trump was also uncomfortable with outsourcers' use of the visa, saying they displaced American workers. Labour hire agencies also sought the visa, bringing in people and then finding them jobs after they arrived.

The USA's recently cracked down on employers who use the visa, with more inspections to make sure they're not being abused.

Now a new Policy Memorandum (PDF), released late last week, revealed the Trump Administration's plans to make H-1B visas harder to obtain by requiring extensive documentation about exactly what workers will do, why they're needed and where they will work.

Now, if you're familiar with the H1-B program, but have not followed it closely, you are probably asking yourself, "Wait, this is supposed to be for workers who are unavailable inside the US, why weren't they already required to provide, 'Extensive documentation about exactly what workers will do, why they're needed and where they will work,'?"

If you have followed it closely, you know that the program has NEVER really been about finding unique and special talents that cannot be found in America.  It has ALWAYS been about getting cheap labor to keep wages down, particularly in the tech industry.

Applicants will now need to demonstrate they are already an employee of a stateside organisation, while businesses who hire H-1B holders must provide signed "detailed statements of work or work orders" and a letter detailing "… the specialized duties the beneficiary will perform, the qualifications required to perform those duties, the duration of the job, salary or wages paid, hours worked, benefits, a detailed description of who will supervise the beneficiary and the beneficiary's duties, and any other related evidence."

Ummm ……… If you do not already know the duties required and the other details listed above, then your H1-B application is fraudulent.

I understand that this policy likely is more driven by a general hostility to immigration than it is a concern about fair wages for skilled workders, and I expect this to be walked back significantly under pressure from tech lobbyists and the cheap labor crowd, but it's a good start.

Get Your Official Democratic Party Rally Hat Here

For all your caving needs

3 days, and the Democrats cave on the government shutdown.

They shave 1 week off the stop gap, and the Dems get nothing.

About that Shutdown

Yes, a government shutdown started at midnight.

This should be basically invisible until Monday, so right now we are getting political theater, with Trump demanding his wall, and the Dems demanding an extension to DACA.

I would be very surprised if we this isn't resolved by Wednesday or so.

The only wild card is the White House, where the incompetence of Trump, and the incoherent and conflicting agendas of both him and his staff.

Still, that is one f%$# of a wild card.

Thirteenth Amendment, Schmirteenth Amendment………

It appears that private prison operators are coercing "voluntary" labor out of immigration detainees, in violation of the 13th amendment, which reads, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

Apparently, the Constitution of the United States of America is not something that concerns the Department of Homeland Security:

Officials at a privately run Immigration and Customs Enforcement detention center in rural Georgia locked an immigrant detainee in solitary confinement last November as punishment for encouraging fellow detainees to stop working in a labor program that ICE says is strictly voluntary.

Shoaib Ahmed, a 24-year-old who immigrated to America to escape political persecution in Bangladesh, told The Intercept that the privately run detention center placed him in isolation for 10 days after an officer overheard him simply saying “no work tomorrow.” Ahmed said he was expressing frustration over the detention center — run by prison contractor CoreCivic — having delayed his weekly paycheck of $20 for work in the facility’s kitchen.

Those in ICE custody often work for as little as $1 per day and cannot legally be compelled to work.

Ahmed’s account adds to a growing chorus of ICE detainees who allege that they have been forced to work in for-profit ICE facilities or else risk punishment with solitary confinement — a harsh form of captivity that, if prolonged, can amount to torture. Late last month, ICE detainees at a CoreCivic-run facility in California sued the private prison contractor, alleging that they had been threatened with solitary confinement if they did not work. In October, The Intercept reported that officials had placed another detainee in solitary confinement for 30 days for “encouraging others to participate in a work stoppage” at the same privately run facility where Ahmed was disciplined, the Stewart Detention Center in Lumpkin, Georgia.

CoreCivic has said that its practices of segregating detainees in individual cells are humane and has disputed the term “solitary confinement,” arguing that its harsh connotation does not apply to the publicly traded firm’s practices. “Use of the term in your coverage with regard to Stewart would give readers a false impression of the reality of restricted housing at the facility,” CoreCivic spokesperson Jonathan Burns said in an email.

But over the course of two interviews with The Intercept over a fuzzy detention center phone line, Ahmed used rudimentary English to describe being subjected to the isolating conditions of solitary confinement as it is generally understood. “The room is at all times locked,” Ahmed said. “If you talk, the sound does not go outside. And nobody comes to talk with us.”

“Sometimes I think I will be mentally sick,” Ahmed said of his time in isolation. “I feel pain in my head.”

In addition to severe isolation, Ahmed spoke of being subjected to restrictive treatment in segregation that might be more expected for a violent and volatile criminal than for an immigration detainee under punishment for encouraging a work stoppage.

………

In recent years, current and former ICE detainees have filed class-action lawsuits alleging forced labor against private prison contractors in Washington state, California, and Colorado. Across the country, detainees and advocates have said that the ICE contractors used solitary confinement as a cudgel to force work, and allege that the for-profit facility operators are profiting off the bonded labor.

“These big corporations are circumventing the traditional labor market,” said Lydia Wright, an attorney at the Burns Charest law firm who represents current and former ICE detainees suing CoreCivic in California. “If they weren’t requiring detainees to work for $1 per day, they would have to hire cooks and janitors at minimum wage.”

In an October response to a suit from detainees in Colorado, major private prison contractor GEO Group appeared to echo this point. “Were a court to conclude that GEO must pay thousands of detainees a minimum wage, it would significantly affect the prices that GEO would have charge for its services,” stated a GEO Group court filing. The Colorado class-action suit, which demands that detainees be paid minimum wage for their labor, “poses a potentially catastrophic risk to GEO’s ability to honor its contracts with the federal government,” the firm stated in a separate filing.

One obstacle such suits against ICE’s private contractors may face: Many of the immigrant plaintiffs are only fleetingly in the country before often being deported, making it potentially difficult, for instance, to find former detainees who may be entitled to back wages.

How convenient.

Can You Get Any More Stereotypical?

Sympathy for Apu Nahasapeemapetilon

It appears that la Migra is targeting a prominent insustry, convenience stores, specifically there has recently an aggressive series of immigration sweeps of 7 Eleven stores:

U.S. Immigration and Customs Enforcement agents blitzed dozens of 7-Eleven stores before dawn Wednesday to interview employees and deliver audit notifications, carrying out what the agency said was the largest operation targeting an employer since President Trump took office.

ICE said its agents showed up at 98 stores and made 21 arrests, describing the operation as a warning to other companies that may have unauthorized workers on their payroll.

“Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce the law, and if you are found to be breaking the law, you will be held accountable,” said Thomas D. Homan, the agency’s top official, in a statement.

Homan characterized the operation as a new front in the Trump administration’s broader immigration crackdown and its effort to increase deportations. ICE agents have made 40 percent more arrests in the past year.

This is not an immigration cracking down, this is an immigration crackdown for stupid people.

This is theater for people who are upset that a brown person is manning the register when they buy their extra large Slurpee and  chicken taquito, otherwise known as the Neanderthal the Republican base.

I Do Not Like the H-1B Visas, but this Is Wrong

I am not a fan of the H-1B, and associated L-1A visa programs.

I think that their primary purpose is to depress wages through labor arbitrage.

That being said, the visa does have a path to permanent residency and Donald Trump is looking at making this a truly sadistic process:

The Department of Homeland Security is considering new regulations that would prevent H-1B visa extensions, according to two U.S. sources briefed on the proposal. The measure potentially could stop hundreds of thousands of foreign workers from keeping their H-1B visas while their green card applications are pending.

The proposal, being drafted in memos shared between DHS department heads, is part of President Donald Trump’s “Buy American, Hire American” initiative promised during the 2016 campaign.

The administration is specifically looking at whether it can reinterpret the "may grant" language of the American Competitiveness in the 21st Century Act to stop making the extensions. The act currently allows the administration to extend the H-1B visas for thousands of immigrants, predominantly Indian immigrants, beyond the allowed two three-year terms if a green card is pending.

“The idea is to create a sort of ‘self- deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” said a U.S. source briefed by Homeland Security officials.

 The problem with H-1B visas is not the (usually) South Asian programmers, it's Google, and Facebook, and Tata, and Infosys, and IBM, not the poor schlubs who work under near slavery conditions for those companies.

I Approve

Generally, when you hear lawmakers lauding a bipartisan initiative.

In this case, the decision by the House Judiciary Committee to unanimously clamp down on H1B mills appears to be the exception to this rule, though I'm thinking that there may be some mischief in the carve outs for companies like Facebook and Google:

Bipartisanship on the divisive issue of immigration is a rarity in Congress, but that is what happened when the House Judiciary Committee unanimously approved legislation making it harder for Indian outsourcing companies to bring high-skilled foreign workers to the U.S.

At the same time, the bill eases rules on some U.S. high-tech firms that use H-1B visas, putting political distance between Silicon Valley and Indian outsourcers as President Donald Trump condemns the program as rampant with abuse and a source of unfair competition to American workers.

The new rules apply only to companies that are heavy users of the program, or “H-1B dependent.” Lawmakers changed the definition of “H-1B dependent” to make sure technology companies that hire hundreds of foreigners every year, such as Facebook Inc., weren’t affected.

In turn, the House bill, the Protect and Grow American Jobs Act, has infuriated Indian outsourcing companies and the Indian government, according to someone who advises the government.

Nasscom, an information technology trade group in India, argues the measure “unfairly and arbitrarily” targets a handful of companies “while imposing no new requirement on the vast majority of companies that use the visas to do the … exact same things,” according to a statement from the group’s president, Rentala Chandrashekhar.

The new rules would require that firms either pay workers more–as much as $135,000 a year—or prove they tried to recruit Americans. The bill requires that no Americans are laid off by either the outsourcing firm or the clients that they serve for the entire length of the visa. It also authorizes Labor Department investigations and raises fees.

………

The legislation also would put Indian firms such as Infosys Ltd. and Tata Consulting Services Ltd. at a disadvantage against a handful of competitors, such as International Business Machines Corp. and Accenture Ltd., even though they also employ a large number of foreign workers and use a similar business model. That is because those companies have many divisions, which keeps the portion of their overall workforce using H-1B visas low and their firms from being defined as “dependent.”

The devil, as always, is in the details.

If There Were Only Some Proxy for Value That Could Be Use to Address Labor Shortages

Over at the NPR program Morning Edition this morning, they were reporting on the Trump administration ending the temporary protected status (TPS) for some refugees because conditions have improved in their countries

They were  because wringing their hands because ending the program might cause shortages of construction workers.

We can argue whether or not TPS status should actually be temporary, but this argument is complete crap.

If there is a shortage of construction workers, the solution is Econ 101:  You pay them more, and you pay to train them.

I understand that people like, for example, NPR correspondents don't like the idea of paying a few bucks more to have a Jacuzzi installed on their back porch, but for the rest of us, it's not a huge deal.

Stopped Clock, H1B Edition

The Trump administration is starting to apply due diligence to the widely abused H1B guest worker program, and companies used to doing whatever the f%$# they want are having a tantrum:

Donald Trump came into office promising a restrictive new approach to immigration and there has been little question about his intention to follow through — with one seeming exception. Despite its enthusiastic rhetoric about the H-1B program, which provides temporary visas to high-skilled workers, the administration failed to make significant changes in time to impact the program’s annual lottery this April, leaving some who had anticipated action fuming. It has also declined to take up any of the legislative proposals for H-1B overhaul.

But a crackdown has been in the works, albeit more quietly. Starting this summer, employers began noticing that U.S. Citizenship and Immigration Services was challenging an unusually large number of H-1B applications. Cases that would have sailed through the approval process in earlier years ground to a halt under requests for new paperwork. The number of challenges — officially known as “requests for evidence” or RFEs — are up 44 percent compared to last year, according to statistics from USCIS. The percentage of H-1B applications that have resulted in RFEs this year are at the highest level they’ve been since 2009, and by absolute number are considerably higher than any year for which the agency provided statistics.

The H-1B program is controversial largely because IT firms based in India have used it to hire for rote computer programming jobs. These firms, like Infosys Ltd. and Tata Consultancy Services Ltd., have been working to reduce their reliance on the program, in anticipation of a less receptive political landscape. The overall number of H-1B applications dropped this year for the first time in five years. The skeptical eye the government is taking to applications has extended to all types of employers, according to immigration lawyers. Many are rethinking their own use of H-1B as a result.

The H1B program was intended to allow for someone to be hired if they have a skill set that could not be found in the US.

The H1B program does not work that way in reality.  It's actually a source of cheap labor, and a way to lower wages generally in the industry.

Donald Trump is right on this, and the delicate snowflakes who are experiencing butt hurt over this are wrong.

Germany Hegemony in Europe, Civil Turmoil in Spain, Fascists in Austria ……… I'm Sensing a Pattern

As the saying goes, "History doesn't repeat itself but it often rhymes, and Vienna is today's episode of European slam poetry:

Austria became the latest European country to take a sharp turn right on Sunday, with the conservative People’s Party riding a hard-line position on immigration to victory in national elections and likely to form a government with a nationalist party that has long advocated for an even tougher stance.

The result puts the 31-year-old foreign minister and People’s Party leader, Sebastian Kurz, in line to become Austria’s next chancellor after a campaign in which he emphasized the need to strengthen border controls, reduce caps on refugees and slash benefits for newcomers.

Much of Kurz’s rhetoric echoed positions long held by the Freedom Party, which for decades has anchored the far right of politics in this nation of 8.7 million.

With nearly all results counted as of Monday morning, the Freedom Party was in second place at 27.4 percent, with the ruling Social Democrats trailing close behind at 26.7 percent. The People’s Party was the decisive winner, at 31.6 percent.

 I hope that I'm just being alarmist here, but I fear that I'm being prescient.

Live in Obedient Fear, Citizen

With an explosion in accusations of abuse in the execution of their duties, the Department of Immigration and Customs Enforcement (ICE) has come up with a novel solution, it wants to destroy all of its records, much like the British Colonial Dervices when they covered up their brutality as they exited former colonies in Operation Legacy:

Immigration and Customs Enforcement recently asked the National Archives and Record Administration (NARA), which instructs federal agencies on how to maintain records, to approve its timetable for retaining or destroying records related to its detention operations. This may seem like a run-of-the-mill government request for record-keeping efficiency. It isn’t. An entire paper trail for a system rife with human rights and constitutional abuses is at stake.

ICE has asked for permission to begin routinely destroying 11 kinds of records, including those related to sexual assaults, solitary confinement and even deaths of people in its custody. Other records subject to destruction include alternatives to detention programs; regular detention monitoring reports, logs about the people detained in ICE facilities and communications from the public reporting detention abuses. ICE proposed various timelines for the destruction of these records ranging from 20 years for sexual assault and death records to three years for reports about solitary confinement.

How convenient.

Karma is a Bitch, and He Should Die in Jail

Former Maricopa County Sheriff Joe Arpaio has been found guilty of criminal contempt and faces up to 6 months in jail.

It's not long enough. This guy has spent the past 30 years trampling the rule of law and abusing his position, but it's a good start:

The immigration policies that elevated former Sheriff Joe Arpaio to fame were the same that would ultimately lead to his political demise and conviction of a federal crime.

On Monday, U.S. District Judge Susan Bolton found Arpaio guilty of criminal contempt of court, finding that he willfully violated a federal judge's order.

The sentencing phase will begin Oct. 5. Arpaio faces up to six months in confinement, a sentence equivalent to that of a misdemeanor.

Bolton’s ruling follows a five-day June and July trial, in which Department of Justice prosecutors argued that the 85-year-old had intentionally flouted a federal judge's orders halting Arpaio’s signature immigration round-ups.

Honestly, his anti-Hispanic activities are really a small part of his wrongdoing.

He:

• Instigated criminal proceedings against a newspaper for investigating his real estate investments. (Millions in secret real estate deals on a salary less than $80K/year)
• attempted to intimidate a federal judge's by criminally investigating his wife.
• Retaliation against critics, including local judges and county commissioners.

This is a deeply evil man, and he needs to spend the rest of natural life in prison.

Of course, the maximum sentence is only 6 months, but I think that some other rocks will be turned over in the interim.

Not Sure How to Read This

I am referring, of course to the Supreme Court's decision on the Trump Muslim/Travel Ban.

They allowed limited parts of the injunction to continue, but allowed the ban to come into effect for refugees (without family in the US) and tourists.

Since Trump's latest executive order is time limited, any final decision might largely be moot, and I am wondering if this is an exercise of judicial kick the can:

Today the Supreme Court agreed to review rulings by two lower courts blocking the implementation of President Donald Trump’s March 6 executive order, popularly known as the “travel ban.” Citing national-security concerns, the order imposed a freeze on new visas from six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria and Yemen). But the full U.S. Court of Appeals for the 4th Circuit had put the order on hold last month, concluding that – although it did not specifically say so – the order likely violated the Constitution because the president intended to discriminate against Muslim travelers. Earlier this month, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit also blocked the order, but on a different ground: It concluded that the order exceeds the authority that Congress has given the president to regulate immigration. The court’s announcement today means that the justices will review both of those decisions. The justices also granted the Trump administration’s request to allow the ban to go into effect, at least for would-be travelers who don’t already have some connection to the United States.

The announcement came in a brief, unsigned opinion issued by the justices when they took the bench this morning to release opinions in cases argued on the merits earlier this term. The court’s opinion focused primarily on the government’s request to reinstate the ban while the cases are before the Supreme Court. Emphasizing that the purpose of temporary relief like this is “to balance the equities as the litigation moves forward,” the court made clear that it had the authority to “tailor” its ruling so that it applied to some, but not all, of those affected.

That is precisely what it did. The lower courts had considered the hardships that the ban would create for the named plaintiffs in the case: two men with family members who want to come to the United States from the affected countries; and the state of Hawaii, whose state university had admitted students from those countries. But, the court explained today, the lower courts’ orders barring enforcement of the ban “reach much further than that,” because they also apply to people living overseas “who have no connection to the United States at all.” When those people are unable to come to the United States, the court reasoned, their constitutional rights are not violated – because they have no right to come to the United States – and their exclusion from the country does not harm anyone in the United States.

The justices therefore upheld the lower courts’ orders blocking enforcement of the ban with regard to the named plaintiffs and others like them – people who “have a credible claim” of a genuine relationship with someone or an institution in the United States. When that relationship is with an individual, the court made clear, it must be a close family member. And when the relationship is with an institution, the relationship must also be a genuine one, rather than one created just to get around the travel ban.

I think that it was basically a punt, with Thomas, Alito, and Gorsuch writing a concurring opinion that goes full black shirt, which should surprise no one who has followed their careers.

This Would Be Ironic

When the Supreme Court declined to overturn Obamacare, they did restrict it somewhat, by declaring that the provision of the law that required states to expand Medicaid or leave the program.

The Court found that it was too coercive.

Legal experts are saying that this ruling would likely apply to Jeff Sessions' attempts to defund sanctuary cities:

The Trump administration announced this week that it will make good on its January threat to claw back funding from so-called sanctuary cities that limit information-sharing with federal immigration officials. Yet hundreds of legal experts say the move would itself be illegal—in part due to a court ruling Republicans cheered just a few years ago.

In 2012, the Supreme Court forced the Obama administration to make Medicaid expansion voluntary for states instead of mandatory, ruling that when the federal government “threatens to terminate other significant independent grants as a means of pressuring the States to accept” a federal policy, it is unconstitutionally coercive.

Conservative groups that celebrated this victory over "infringement on state sovereignty by the federal government" may now be dismayed to learn that it could throw a wrench into the Trump administration's current plan to punish sanctuary cities.

I am amused.

Something Useful from the C.I.A.

Among the various CIA documents Wikileaks has released recently is instructions for how covert operatives can handle aggressive screeners at airports.

I've not read the document in detail yet (it's a PDF at the link), but it seems to me that it has some useful hints for travelers.

Unfortunately, it doesn't say much about dealing with the increasingly out of control ICE & CPB agents in the US, but it is good general primer on how to avoid that body cavity search.

ICE Needs to Be Burnt to the Ground and Rebuilt from Scratch

A federal magistrate judge has revealed that US Immigration and Customs Enforcement (ICE) has been deliberately, and likely illegally, retaliating against cities with sanctuary policies.

Recent incidents related to Trump's Muslim ban indicated that that there was some rot, but this shows that there is nothing but rot.

This is the sort of abuse of law enforcement power that would give J. Edgar Hoover a hard on:

Federal agents privately alerted two magistrate judges in late January that they would be targeting the Austin area for a major operation and that the sting was retribution for a new policy by Travis County Sheriff Sally Hernandez that dramatically limited her cooperation with them, according to one of the judges.

The revelation — made Monday in open court by U.S. Magistrate Judge Andrew Austin — conflicts with what Immigration and Customs Enforcement officials told local leaders after the sweep, when ICE characterized the operation as routine and said the Austin area was not being targeted. It also provides evidence after weeks of speculation that Hernandez’s policy triggered ICE’s ire.

“We had a briefing … that we could expect a big operation, agents coming in from out of town, that it was going to be a specific operation, and at least it was related to us in that meeting that it was the result of the sheriff’s new policy that this was going to happen,” Austin said.

“My understanding, what was told to us, is that one of the reasons that happened was because the meetings that had occurred between the (ICE) field office director and the sheriff didn’t go very well,” he said.

In case you wondering, these folks are clearly feeling empowered by the Trump administration, and are revealing themselves to be people who should be kept far, far, FAR, away from anything resembling law enforcement.

Live in obedient fear, citizen.