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Posts Tagged ‘Hispanics’

Lawyers Sue Heartless Trump on DACA

Wednesday, September 6th, 2017

AmericanflagThe law can be used for good or bad. And when it’s used for good, I have no greater feeling as a lawyer. Today was one of those good days.  The District of Columbia joined 15 states to sue the federal government, Donald Trump as President, Homeland Security and U.S. Immigration and Customs Enforcement on Trump’s decision on ending DACA.

 

Litigation is my life and one that I’m proud of. And I am so proud today that lawyers in New York, Massachusetts, Washington, Delaware, Connecticut, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia took a stand for DACA in fighting for the lives of those young undocumented “Americans” who came here as children before the age of 16 and know no other country except the U.S.

 

The lawsuit filed in federal court in New York alleges that Donald Trump’s decision to end DACA is motivated by ill will; will cause a loss of revenue for these states, lower employment, split up families and serve no useful purpose under the rule of law. Major businesses, Amazon, Starbucks and Microsoft filed affidavits within the lawsuit stating the effect of ending DACA will have ill adverse impact on businesses.  Mr. Trump, also known to a few as the jobs creator, will be doing anything but increasing jobs.  In addition, Mr. Trump has made known that he does not favor Mexicans—from a Mexican American judge presiding over his lawsuit to calling Mexicans “bad hombres”. More than 78% of the DACA recipients are of Mexican descent.

California has an unusually large segment of Hispanic residents. And California Attorney General Xavier Becerra intends to file his state’s separate lawsuit to protect the almost 200,000 DACA recipients in the State of California.  Maryland’s Attorney General Brian Frosh is contemplating taking similar action.

A federal lawsuit must be based on an aspect or issue involving the U.S. Constitution or federal law. The basis appears that the revocation of DACA is illegal based, in part, on discrimination of Mexicans.  Each state spells out in the lawsuit how its individual state will suffer substantial harm in areas of business, education, health and tax revenue.  Many aspects of the lawsuit sound similar to travel ban legal arguments in lawsuits filed earlier this year citing previous derogatory statements by Trump against Mexicans and due process arguments.

The 15 states and the District of Columbia joined in the lawsuit are both blue states and a few red states that voted for Trump.  North Carolina, a red state, argues that immigration and DACA recipients are vital to its economy. North Carolina asserts in the lawsuit that it has one of the highest application rates to DACA in the country.  The lawsuit alleges that North Carolina will lose 7.8 billion dollars over the next ten years if DACA is rescinded.  I assume that before long other states will take action, in addition to those contemplated by Maryland and California.  The full Complaint can be read here.

The Department of Justice will defend against the lawsuit.  While the case will likely be an uphill climb to win, legal precedent is often won by advancing the right arguments and being on the right side of the law. And fighting Trump on ending DACA is being on the right side of the law.  The law can be sterile at times.  But this lawsuit is full of heart.

Washington, DC based Debbie Hines is a trial lawyer and former Baltimore prosecutor.  She often appears as a legal and political analyst on MSNBC, CBS, PBS, Al Jazeera and Fox 5 DC.  Her opinion articles have appeared in the Washington Post, Baltimore Sun and Huffington Post.

DACA and The Devil Living Inside the White House

Monday, September 4th, 2017
Donald Trump, Public Domain

Donald Trump, Public Domain

Donald Trump proclaimed Sunday, September 3, 2017 as National Day of Prayer.  And on that same day, he announced that he intends to end DACA with a 6-month delay period of time.  DACA stands for Deferred Action for Childhood Arrivals.  It is the executive order that President Obama signed in June, 2012 which protected and allowed undocumented immigrants who arrived in the U.S. as children to be granted work permits.  It does not cover all young undocumented immigrants brought here, as it has a cut-off age and other requirements.

800,000 undocumented young persons are believed to be covered under DACA.  Trump had earlier stated that he had a “great heart” in terms of DACA and those young persons covered under it.  On Sunday’s National Day of Prayer, he showed where his real great heart lay. He announced ending DACA on the same day he asked people to pray.

Over 91% of individuals under DACA are employed or attending school. They are mostly law-abiding individuals.  They are our neighbors, co-workers, friends, colleagues, students and family members. They traveled to the U.S. illegally through no fault of their own.  They are often referred to as Dreamers who have earned their place in our society and are contributing to it.

During Hurricane Harvey, one Dreamer, Alonso Guillen, a recipient under DACA,  lost his life as he was trying to save the lives of others during the flooding.   Rescue volunteer Guillen, a 31 year old disc jockey, insisted on helping those in the floods in his neighborhood of Cyprus Creek. After helping others, he was swept away and his body was discovered by his family on Sunday.

 

I don’t know what Trump prayed for or who he prayed to on his self-proclaimed National Day of Prayer. I prayed for humanity, empathy, compassion and fairness in our leaders and for our country.  Donald Trump has been on the wrong side of humanity, empathy, compassion and fairness ever since taking office and even before.

 

Trump supports white supremacists in the White House and Neo-Nazis shown killing Heather Heyer on the streets of Charlottesville.  He supports and pardons Sheriff Joe Arpaio. Arpaio, an Arizona sheriff for 24 years, abused the criminal justice system in treating Hispanics as sub-human in his jail. Arpaio is known for being one of the most corrupt and abusive sheriffs in America. He sparked fear in Hispanics by unlawfully targeting and detaining them, holding them in cruel and sub-humane conditions.  Trump started his term with an illegal Muslim travel ban to the U.S.  At every turn these last 8 months, Trump has been on the wrong side of justice and fairness.

 

We must stand as a nation with Dreamers.  We are all dreamers of the American dream. While many of us were born in this country, most of us were not born with a multi- million-dollar inheritance like Mr. Trump.  And most immigrants are not able to marry a millionaire like Melania Trump  and remain here.

 

We must diligently work and pray for the Dreamers to remain.  I pray that all Dreamers will be allowed to remain in this country. Mostly, I pray for Donald Trump under Psalms 109:8 which reads:  “May his days be few; may another take his place of leadership.”

 

 

The Trump Era and Justice for People of Color

Monday, December 5th, 2016

President Elect Donald Trump has nominated Alabama Senator Jeff Sessions as his pick for Attorney General of the U.S. Sessions is a lightning bolt for anything related to civil rights and justice for people of color. Much of the progress seen in the Eric Holder era and now Loretta Lynch era may likely soon be erased with a much darker side taking its place. The prior history of Sessions speaking out in support of the Klu Klux Klan (“KKK”) in the past years, is troubling for civil rights advancement.

Some of the areas at risk are police consent decrees, federal police lawsuits for excessive force and death of unarmed individuals, immigration legislation deferring deportation of “Dreamers”, reduction of mandatory minimums, Voting Rights legislation, federal lawsuits opposing voter disenfranchisement and the Civil rights Division, itself. Sessions favors increasing the prison population. Former Attorney General Eric Holder favored decreasing the prison population by reducing non-violent drug sentences and reducing mandatory minimums. Sessions opposes reducing sentences, even if non-violent. Sessions is in favor of increased surveillance without the need for a search warrant. Former FBI Director J. Edgar Hoover was notoriously known for wiring taping civil rights activists, Martin Luther King and anyone that deemed to speak out in favor of civil rights. And Donald Trump has previously stated he favors stop and frisk laws which were previously held unconstitutional.

Justice is at risk in the Trump era.

On the Bill Press show on December 1, I elaborate on the ways a Trump era Department of Justice may be a major setback for justice and civil rights for people of color.

Listen and Watch Here:

Washington, DC based Debbie Hines is a trial lawyer, legal analyst and former Baltimore prosecutor. She often appears on MSNBC, PBS, CBS, Al Jazeera, BET and Fox 5 DC.

No Trump, No Way, No How

Friday, September 16th, 2016

Hillary_Clinton_official_Secretary_of_State_portrait_cropThe presidential elections of 2008 and 2012 now seem like a century ago in terms of where the country is now headed.  In 2008 and 2012, President Obama campaigned on hope and change which resonated with voters.  In 2016, we see an extreme form of racism, xenophobia and misogynist campaigning by Donald Trump appealing to many voters.  And with a little of over a month until the election, there appears to be a growing trend leaning now towards Donald Trump.  In November, we could be calling Donald Trump our next president.

 

In the eight years of President Obama’s two terms, I came to realize that racism is alive and well in the U.S.  In fact, it never really went anywhere. While many persons speak of patriotism towards the U.S. and against protests during the playing of the national anthem, there was often little patriotism shown towards our Commander in Chief with many persons, including Republican members of Congress and the GOP Senate disrespecting President Obama throughout his term in unprecedented ways.  Donald Trump capitalized on that disrespect with his Birther movement theories. He has now broadened his attacks.

 

Now Donald Trump’s comments take on attacking women, Muslims, Hispanics, Blacks, LGBT and anyone else that appears to attack him or be a perceived threat against him.  Present polls, at least those this week, show the Presidential race is in a statistical dead heat.

 

Some missteps by Hillary Clinton, including how she handled her pneumonia, only added to the surge by Donald Trump.  After the Democratic convention, Hillary Clinton should have been easily able to coast to November and an easy victory.  Her attitude of inevitability is what caused her the Presidential primary in 2008.  This year, Clinton’s attitude of avoiding primary debates along with no press conferences for over 275 days, while Trump commands the airwaves like he owns all of the networks, is working to an extreme disadvantage for her.

 

We are currently on a 24/7 news cycle.  While Clinton and her team may believe that she is better off avoiding press conferences, it is inconsistent with her taunts to Trump to release his tax records.  She avoids transparency albeit in a different way—the result is the same.  The American voter is left without a transparent picture of Clinton or Trump.

 

All is at stake in the November election for Millennials, women, Hispanics, African Americans, Muslims, working families, single parents, LGBT community, unions and even the working and poor white folks who believe their country must be taken back.   Trump regularly spreads vicious stereotypes about communities of color.

 

Trump thinks all black people live in ghettoes with nothing to lose by voting for him. Trump’s appeal to African Americans includes describing   Blacks as having no jobs and living in poverty. His pitch was: “You’re living in poverty, your schools are no good, you have no jobs, 58 percent of your youth is unemployed.” “What the hell do you have to lose?”  Trump has threatened to change the U.S. Constitution to get rid of birthright citizenship which grants citizenship to all persons born in the U.S.  Birthright citizenship in the 14th amendment is what made all African Americans born into slavery U.S. citizens.  And he still thinks President Obama is not an American citizen—although his campaign representatives differ. So what do African Americans have to lose with Trump? Everything for starters.

 

And remember Trump kicked off his campaign by calling those of Mexican heritage criminals and rapists.  He stated a Muslim judge was not capable of handling a lawsuit against him—due to the judge’s religion. And the centerpiece of his campaign is building a wall on our southern border and making Mexico pay for it. He proposes to ban Muslims along with Mexicans. Trump has suggested appointing judges to turn back LGBT same-sex marriage and other LGBT rights and supports legislation discriminating against transgender people.

 

Polls show Trump and Clinton are not trustworthy in the eyes of voters. The choice between an untrustworthy and aloof Hillary Clinton and a downright racist, ignorant Donald Trump is not a good choice for me.  But it is the only choice I have. Yes, I have discounted out the third party candidates, Jill Stein and Libertarian candidate Gary Johnson.

 

After eight years of President Obama, it’s difficult to realize that our only choices boil down to these two candidates.  I recall Hillary Clinton saying to her supporters who might have wanted to stay home and not vote back in 2008, “No Way, No How, No McCain” in supporting then Senator Barack Obama.  And now we’ve got to say to those voters who might want to stay home in November, 2016, Dump Trump, Ditch Trump and Drop Trump and support Hillary Clinton.  There is no other way.

 

Washington, DC based Debbie Hines, trial lawyer, legal/political commentator and former prosecutor often appears on Al Jazeera, BET, CBS, Fox 5 DC, PBS, MSNBC, NPR among others. She also writes opinion pieces for the Huffington Post, Baltimore Sun and Washington Post.