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Immigration Report Highlights Bush Administration’s ‘Flagrant Disregard For Rule of Law’

Marta Granillo cries for her husband, relatives and friends who were being arrested during an ICE raid last December at the Swift meatpacking plant in Greeley, Colo. Between Oct. 1 and July 31, immigration authorities arrested 4,393 people at work sites nationwide. (AHMAD TERRY/ ROCKY MOUNTAIN NEWS)

Marta Granillo cries for her husband, relatives and friends who were being arrested during an ICE raid. (AHMAD TERRY/ ROCKY MOUNTAIN NEWS)

Two years after the Immigration and Customs Enforcement agency (ICE) swept up and detained thousands of workers from six meatpacking plants across the country during one of the nation’s largest immigration raids, a new report released by the United Food and Commercial Workers Union (UFCW) today details how ICE officials terrorized UFCW members under the “standard operating procedures” of the Bush administration.

On December 12, 2006, ICE used 133 warrants to arrest 1,297 workers–the vast majority U.S. citizens. One U.S. citizen spent $90 on a cab ride back home once ICE released her after realizing they had made the “mistake” of detaining her for 12 hours in a location 300 miles away from her workplace.

The UFCW accuses ICE of having engaged in racial profiling, as witnesses testified that minorities were “singled out,” saying “…race was, almost without question, the sole criteria for harsher interrogations and treatment to which certain workers were subjected…” A UFCW member is quoted in the report as saying:

“It’s so sad and it hurts a lot to be targeted because we are Mexican…I thought maybe I should hang around a lot of white people so they wouldn’t think I was illegal.

The UFCW also claims that ICE systematically ignored due process laws. According to the UFCW, workers detained during the Swift raid were denied legal counsel while they were being held at an Iowa military base. The UFCW claims that, in some cases, ICE even gave false information to lawyers, telling them that they would soon be granted access to their clients while the detainees were actually being transferred to out-of-state facilities.

At the time, many believed the Bush administration’s harsh immigration tactics were meant to help make the case for comprehensive immigration reform. Former Department of Homeland Security Michael Chertoff said that the his department’s tactics reflected DHS’ “determination to make a down-payment on credibility with the American people.” However, the Bush-backed immigration bill failed during the summer of 2007 and the large-scale raids continued up until Bush left office.

Bush may be gone, but the aftermath of the raids endures. The UFCW report claims that the previous administration’s harsh immigration enforcement tactics have stirred “hysteria around immigration and immigrants.” Immigrants who fear being turned over to immigration authorities have been reluctant to report abuse or crime to the police. According to the report, Latinos or individuals “perceived” to be of Latin American descent face even more discrimination and racial profiling in their communities. The UFCW also discusses the raid’s cost to taxpayers. It’s estimated that the Bush administration’s immigration raids may have cost ICE $154 billion of taxpayer’s money.

In a press call today, UFCW president Joe Hansen called for “a new chapter in the immigration debate” that “works for America’s workers.”

Yglesias

Collin Peterson’s Radical Plan to Dismember the United States of America

300px-northwest_angle

The damaging being done by Minnesota Representative Collin Peterson to the Waxman-Markey climate bill is so severe that we’ve got Neil Sinhababu and Chris Bowers both speculating that the world might be a better place if Peterson were to be replaced by an even-more-conservative Republican, merely because said hypothetical Republican wouldn’t have the committee chairmanship (vice chair Tim Holden is twenty clicks to the left of Peterson on DW-NOMINATE; still pretty conservative).

I’m not sure that’s right. I am sure, however, that it’s rare to see a member of congress who’s proposed ceding sovereign American territory to the socialistic dystopia known as Canada. And yet, Representative Peterson has done just that. Pictured on the map above is the “northwest angle,” a portion of Peterson’s district in Minnesota that’s not connected by land to the rest of the United States. The Anglo-American Convention of 1818 stated that the US-Canada border would run south from the northwestern-most point of the Lake of the Woods to the 49th parallel and then west along the parallel. Since the area wasn’t well-mapped at the time, they didn’t realize that this would actually leave a tiny slice of land on the “wrong” side of the lake. But there it is. So to this day, there’s this little slice of America with about 150 people in it. And so it was until the mid-1990s when some Anglers decided they didn’t like certain fishing regulations and wanted to secede and go join Manitoba. Peterson backed this movement and sponsored a 1998 constitutional amendment that would have permitted a special referendum on Angle secession.

Security

In Defense Of My Views On IMF Funding

Our guest blogger is Nina Hachigian, Senior Fellow at the Center for American Progress Action Fund.

imfChris Bowers took major exception to an article I recently wrote supporting US funding for the IMF. I was motivated to write the article by the neocon rants equating money for the IMF to money down the drain — despite the fact that the IMF was bailing out countries that the US would certainly not let fail, at a fraction of the cost of us trying to do it alone. As I wrote, that is an argument that I don’t consider very serious.

But some progressives in Congress also wanted to tie the IMF funding to specific changes in how the IMF conducts its business, with an eye toward more sensitivity to poor countries and greater transparency. I am very sympathetic to these goals, and this argument IS serious.

I think we should give the new Administration a chance to engage, however. It is sometimes hard to remember, but we are coming off of eight years in which the US disparaged and belittled multilateral organizations and often ignored them. The Administration now, wisely, wants to reengage. From the IMF, the US wants not only to continue to save countries from bankruptcy, but also to become a forum for examining China’s undervalued currency. In pursuing a broader agenda, the Administration can and has pushed for reforms, with some success, and we should give that approach some time to work. It shows more respect for a multilateral process that involves many countries than does categorical US demands. Moreover, if we attach hefty conditions, other countries might too, and that will complicate the whole process greatly.

Second, we are still in the throes of a once-in-a-century economic crisis. The IMF has already relaxed some of its conditions to ensure that it can act quickly and not cause additional social harm. But I fear that some of the new requirements that the members of congress want, like requiring Parliamentary approval for loan packages, could slow the process down too much at this juncture, and, in the end, cause more harm.

Finally, the US has been pushing hard for underdeveloped countries to get more of a say in IMF decisions. That pressure has had resulted in a marginal increase in voice for the underrepresented, with the promise of more to come. The answer to the problem of badly designed loan packages for poor countries is for poor countries themselves to have a greater hand in decision-making.

Politics

Boehner admits that stimulus will ‘create much-needed jobs.’

In the days before Congress voted on and President Obama signed the American Recovery and Reinvestment Act, House Minority Leader John Boehner (R-OH) repeatedly derided the legislation as “generational theft,” and declared, “When it comes to slow-moving government spending programs, it’s clear that it doesn’t create the jobs.” But as Media Matters Action Fund notes, Boehner has changed his tune. In a little-noticed statement released Monday, Boehner highlighted the Obama administration’s recent order that the Ohio Department of Transportation redirect $57 million to shovel-ready projects. Boehner admitted that such stimulus projects do, in fact, “create much-needed jobs“:

The stated intent of the so-called stimulus package was to create jobs, and certainly a $57 million slush-fund studying projects did nothing to achieve that goal. With Ohio’s unemployment rate the highest it’s been in 25 years, I’m pleased that federal officials stepped in to order Ohio to use all of its construction dollars for shovel-ready projects that will create much-needed jobs.

Yglesias

Obama’s Mid-June Popularity Exceeds Predecessors’

The dire headlines on today’s polls had me a bit freaked out, but Dave Weigel calmed me down with some data. Barack Obama is way more popular than Bill Clinton was at this point, and considerably more popular than George W. Bush was. I made a chart:

approval

Basically, he’s doing well. In some ways the question is why he isn’t trying harder to actually deploy that popularity and bring pressure on congress.

Justice

SCOTUS To Older Americans: Learn To Read Minds

thomasIgnoring precedent, the Court’s own rules, and the language chosen by Congress in enacting a ban on age discrimination, the Supreme Court today eliminated something called “mixed motive” suits against employers who discriminate against older workers.  The practical effect of today’s 5-4 decision in Gross v. FBL Financial Services is that many older Americans must learn to read their boss’ mind or they will be utterly powerless against age discrimination in the workplace.

Employment discrimination cases are difficult to prove because the plaintiff ultimately must show what their boss was thinking at the time they were fired or demoted–it is illegal for an employer to fire a worker because they think the worker is too old or too black or too female, but not because they think the worker is incompetent or poorly dressed.  Since workers don’t have ESP, the Supreme Court long ago put certain procedures in place to make sure that laws banning discrimination amount to more than just empty promises.

“Mixed motive” suits are an example of these procedures.   To win a mixed motive case, a plaintiff had to prove that discrimination was one of the reasons behind their boss’ decision to fire or demote them.  It was then up to their boss to prove that they would have made the same decision regardless of the worker’s race or gender or age.  Workers are spared the nearly impossible task of having to prove that that their boss was thinking only of bigotry when they lashed out at their employee; and employers are given a fair chance to prove that discrimination is not the real reason why the worker was cast aside.

But today’s decision eliminates such claims in age discrimination cases.  Thanks to Justice Thomas’ majority opinion, victims of age discrimination are helpless unless they can get inside their boss’ head and show that their boss would have behaved differently if the victim had been a little younger.

As Justice Stevens explains in dissent, Thomas’ decision isn’t just a huge blow to older Americans, it also shows “utter disregard for our precedent and Congress’ intent”:

The ADEA provides that“[i]t shall be unlawful for an employer . . . to fail or refuse to hire or to discharge any individual or otherwise dis-criminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” As we recognized in Price Waterhouse when we construed the identical “because of” language of Title VII, the most natural reading of the text proscribes adverse employment actions motivated inwhole or in part by the age of the employee.

In other words, the Supreme Court has traveled this road before, and it didn’t wind up where Thomas takes the country today.  The federal statute banning age discrimination uses the exact same language as the federal statute banning race and gender discrimination, but Justice Thomas seems to think that those same words suddenly mean something very different.

For his part, Thomas is quite candid in explaining why he suddenly feels free to disregard decades of precedent: “it is far from clear that the Court would have the same approach were it to consider the question today in the first instance.”  Translation:  the right-wing controls the Court now, so we’ll do whatever we want.

Politics

Kissinger: Obama is handling the situation in Iran well.

In an interview with CNN yesterday, Sen. John McCain (R-AZ) criticized President Obama’s approach to the turmoil in Iran, saying that he shouldn’t be concerned about being seen as “meddling” in Iran’s affairs. But on Fox News last night, former Secretary of State Henry Kissinger, noting that he was a McCain supporter, said that he thinks “the president has handled this well”:

KISSINGER: Well, you know, I was a McCain supporter and — but I think the president has handled this well. Anything that the United States says that puts us totally behind one of the contenders, behind Mousavi, would be a handicap for that person. And I think it’s the proper position to take that the people of Iran have to make that decision.

Of course, we have to state our fundamental convictions of freedom of speech, free elections, and I don’t see how President Obama could say less than he has, and even that is considered intolerable meddling. He has, after all, carefully stayed away from saying things that seem to support one side or the other. And I think it was the right thing to do because public support for the opposition would only be used by the — by Ahmadinejad — if I can ever learn his name properly — against Mousavi.

Watch it:

Kissinger isn’t the only prominent conservative to push back against McCain and the neocons. On Tuesday, Sen. Richard Lugar (R-IN), the ranking Republican on the Foreign Relations Committee, said that “for us to become heavily involved in the election at this point is to give the clergy an opportunity to have an enemy…and to use us, really, to retain their power.” Other Republican senators, including Sens. Mel Martinez (R-FL), Bob Corker (R-TN) and John Thune (R-SD), agree that Obama is handling the situation well.

Yglesias

Recovering from a Downturn

The Pew Economic Mobility project has an interesting report out on how people recover from adverse income shocks. The report itself has a somewhat weirdly positive spin on their own data, focusing on the fact that recovery rates haven’t gotten worse over time. I think the basic facts, though, are pretty sobering—it takes many people a long time to recovery from adverse shocks. There’s also considerable inequality-reenforcing demographic variance around educational achievement. Just consider this in the recent period:

recovery

One more reason that it’s important to raise college graduation rates. It also helps to find someone to cohabit with:

recoverygender

Interestingly, while this information doesn’t quite support the view that a recession-stricken woman needs a man like a fish needs a bicycle, it does suggest that a recession-stricken man needs a woman more.

But of course this is data from 1995-2004 a period during which labor market conditions were good on average. Right now, we’re entering a period during which labor market conditions will be the worst they’ve been since the start of World War II and will likely stay that way for a good long time. Presumably, that will make it harder to recover from this kind of thing.

Health

Defining Affordability In Health Care Reform

affordable-medical-insurance-for-familyA higher than expected preliminary Congressional Budget Office estimate of the Senate Finance Committee’s health care reform bill — and the trouble surrounding the HELP bill — has led Chairman Max Baucus (D-MT) to postpone action on the bill until after the July 4 recess:

Committee Chairman Max Baucus said yesterday lawmakers need more time to work on bringing the bill’s cost to below $1 trillion and to reach a bipartisan compromise on it….[Sen. Kent] Conrad said the finance committee is considering a variety of ways to reduce the cost of its plan to below $1 trillion. He said the costs could drop dramatically if members limit subsidies to lower-income Americans seeking insurance.

The Washington Post’s Ezra Klein reports, “Right now, I’m told Finance is going down the road of less reform. They’re cutting the subsidies, cutting the generosity of the basic benefit package and cutting the number of people who will ultimately be insured by their proposal.” Of course, affordability and adequacy are the tents of health care reform. Progressives have rightly argued that a new public health insurance option would lower costs and insert competition into the health insurance marketplace, but hyper focus on the public option may lead reformers to miss the forest for the trees.

Health reform that fails to make insurance more affordable is at best an incremental improvement. The great irony, of course, is that a robust public option that uses Medicare-like rates would actually lower premiums and health care costs. But Democratic legislators seem unwilling or unable to stand behind a strong public option. Should they also sacrifice affordability of care in an effort to please conservatives concerned about the budget deficits, they would be placing themselves in between you and any kind of doctor.

The problem of unaffordability is most apparent for the nearly 47 million Americans who lack health insurance. The Agency for Healthcare Research and Quality found that while “15.8 percent of adults spent more than 10 percent of their family income on health care services in 1996, by 2003 the proportion of adults bearing what has historically been considered catastrophic financial burdens had increased to 19.2 percent of the population, or 48.8 million individuals.” According to the Center for Studying Health System Change, one in five Americans had trouble paying their health care bills in 2007. In fact, even moderate levels of out-of-pocket spending — spending that is well below the 5 or 10 percent of family income —created medical bill problems.

Thus, health care reform must expand safety net programs like Medicaid and SCHIP for low income families and provide help with premiums for families with incomes above approximately 400 percent of the federal poverty line. Also:

- Families pay minimum cost sharing and out of pockets expenses.

- All families should be protected from excessive premiums. The government should provide subsidies on a sliding scale. Everyone must pay their fare share and the system should gradually phase out assistance so that slightly-wealthier families don’t face a cost-cliff

- Subsidies should vary by geographical location and adjust for cost of living

Politics

Inhofe: I Made Up My Mind To Vote Against Sotomayor’s Supreme Court Nomination 11 Years Ago

inhofe1In a surprisingly candid statement, Sen. James Inhofe (R-OK) admitted that his vote to oppose Supreme Court nominee Sonia Sotomayor was a “foregone conclusion” eleven years before she was even nominated:

“That was a foregone conclusion,” the Oklahoma Republican said, citing his 1998 opposition to Sotomayor’s nomination to her current post.

“If you voted against anyone on the circuit (court), I have never been able to see how you turn around when the bar is actually higher and support it at a higher level.” … [T]he senator was offered a meeting with the judge but turned it down since he already had made his decision to oppose her nomination and did not wish to take up her time.

Inhofe’s refusal to even consider Sotomayor’s record as a circuit judge is unfortunate, but it is hardly surprising.  During the Clinton Administration, Inhofe would frequently throw tantrums such as placing a hold on every single one of President Clinton’s judicial nominees in retaliation for Clinton’s decision to make a recess appointment, or bottling up every one of President Clinton’s civilian nominees in protest of Clinton’s decision to nominate a gay man to an ambassadorship.

This spring, Inhofe announced that he would filibuster President Obama’s nomination of Judge David Hamilton to a federal appeals court because Hamilton allegedly once forbade the Indiana legislature from opening its sessions with Christian prayer, but endorsed the use of Islamic prayer.  In reality, Hamilton held that any non-sectarian prayer would be acceptable, and that such a prayer could be offered in a foreign language such as Arabic.

Ultimately, however, Inhofe predicts his own opposition to Sotomayor will be futile:

“She will be definitely confirmed,” he said, adding that other Republicans will be too afraid to vote against Sotomayor because she is a woman and a Hispanic.

“I’m predicting half the Republicans at least will end up supporting her who might not otherwise because of these things I just mentioned.”

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