Tuesday, July 15, 2025

"We are losing the story of who we are as a country"

 


Fifteen years ago, when Arizona enacted a notorious anti-immigrant “show me your papers” law, I wrote an essay in The Times that began: “I’m glad I’ve already seen the Grand Canyon. Because I’m not going back to Arizona as long as it remains a police state, which is what the appalling anti-immigrant bill that Governor Jan Brewer signed into law last week has turned it into.”

The essay provoked a variety of reactions, most supportive but some vituperatively negative. One angry reader, noting that the newspaper identified me as teaching at Yale Law School, wrote to the school’s dean to demand that he fire me.

The dean and I had a good laugh over that letter. But rather than dismiss it as the product of an eccentric crank, I realize now that I should have understood the letter as a window on the toxic brew of anti-immigrant sentiment that led a state to pass such a law.

The Obama administration challenged Arizona’s law, and after the Supreme Court invalidated most of it in 2012, the harsh anti-immigrant wave subsided. But now my letter writer and like-minded people have a friend in the White House — or friends, actually — among them, Stephen Miller. The deputy chief of staff appears to be giving President Trump his marching orders for the arrests and deportations now shredding the civic fabric of communities across the country.

I have a home in the Los Angeles area, and my recent weeks there encompassed the deployment of the Marines and the federalization of California’s National Guard. I steeled myself every morning to read the granular reporting in The Los Angeles Times of scenes that I could never have imagined just months ago: people snatched up while waiting at a bus stop in peaceful Pasadena; the undocumented father of three Marines taken at his landscaping job, pinned down and punched by masked federal agents before being thrown into detention.

People whose quiet presence among us was tolerated for decades as they paid their taxes and raised their American children are now hunted down like animals, so fearful of even going grocery shopping that Los Angeles nonprofits have mobilized to deliver food to their doors.

I was taking an early morning walk in my neighborhood when a black S.U.V. with tinted windows slowed to a stop a half block ahead. I considered: If this is ICE coming to take someone, should I intervene? Start filming? Make sure the victims know their rights? Or just keep walking, secure in the knowledge that no one was coming for me? The car turned out to be an airport limo picking up a passenger, and I was left to ponder how bizarre it was to feel obliged to run through such a mental triage on a summer morning on an American city street.

Something beyond the raw politics of immigration lies behind the venomous cruelty on display, and I think it is this: To everyone involved, from the policymakers in Washington to the masked agents on the street, undocumented individuals are “the other” — people who not only lack legal rights as a formal matter but who stand outside the web of connection that defines human society. Tom Homan, the Trump administration’s border czar, refers to undocumented immigrants as “the gotaways,” the ones we didn’t catch.

In a lecture at Loyola University Chicago in April, Bishop Mark J. Seitz of El Paso observed that the current immigration crisis “is driven by the deeper crisis of public and social life.” He continued: “On a fundamental level, these are signs that we are losing the story of who we are as a country. This is a crisis of narrative. Are we no longer a country of immigrants? Are we no longer a country that values the dignity of the human person, individual liberties and with a healthy regard for checks and balances?”

An adaptation of Bishop Seitz’s powerful lecture was published by the Catholic magazine Commonweal, which is where I read it. Another bishop, Alberto Rojas of San Bernardino, Calif., 60 miles east of Los Angeles, took the rare step last week of informing the 1.6 million worshipers in the diocese by letter that they were excused from attending Mass if they were afraid of immigration enforcement if they came to church. The Catholic Church has distinguished itself by the moral clarity of its critique of the president’s deportation obsession.

I wish I saw the same powerful advocacy from major Jewish organizations, which I’d argue have a particular responsibility and interest in addressing this issue. Aren’t antisemitism and anti-immigrant cruelty two sides of the same coin? Both spring from viewing members of a group as “the other.” The focus of these organizations, naturally enough, is antisemitism, and the Trump administration’s exploitation of the real problem of antisemitism for its own purposes seems to have thrown some of them off-kilter.

I’ve been wondering when the moment will come when ICE goes far enough to persuade more people outside Los Angeles that it must be reined in. Maybe it will look something like the military invasion of the city’s MacArthur Park the other day, when soldiers and federal agents on horseback and in armored vehicles swept in for no obvious purpose other than to sow terror. “It’s the way a city looks before a coup,” Mayor Karen Bass, who rushed to the park, said later.

Can New Yorkers envision such a scene in Central Park? Is anywhere safe now for someone who can’t show the right papers?

People of a certain age might remember the songwriter Jimmy Webb’s weirdly compelling “MacArthur Park,” with its refrain that begins: “MacArthur’s Park is melting in the dark.” Growing up in the East, I had never heard of MacArthur Park when the song hit the charts in 1968, and I wasn’t sure it was a real place. All these years later, something real is melting for sure. It is the glue that holds civil society together.

- Linda Greenhouse, the recipient of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008.

-NYTimes


Monday, July 14, 2025

Stopping Trump Isn't Enough


It is one thing to stop Donald Trump’s lawlessness (e.g., ending deportation to CECOT), but it is far more difficult to hold accountable the officials responsible for harm inflicted on their victims.

Mahmoud Khalil, a Columbia University student and permanent resident, has been freed from his unjust and illegal detention. On Wednesday, he filed a claim for injunctive relief, asking the court to prevent deportation on a new charge against him concerning his immigration paperwork.

This sort of after-the-fact, concocted claim (akin to the human smuggling charge manufactured to distract from the government’s humiliating retreat in returning Kilmar Abrego Garcia from El Salvador) sure looks like an attempt to continue Khalil’s persecution at the hand of the Trump gang.

This sort of picayune charge is “rarely, if ever” brought against permanent residents, his complaint states—unless, of course, someone is the object of the MAGA administration’s ongoing “pattern of antagonism.”

Khalil’s chances of success appear strong. However, preventing future harm does not make up for the wrongs already perpetrated. Khalil told the Associated Press, “They are abusing their power because they think they are untouchable,” Khalil said. “Unless they feel there is some sort of accountability, it will continue to go unchecked.”

If the result of MAGA functionaries’ unconstitutional conduct is merely a court order for them to stop persecuting a particular individual, they have little to no disincentive to stop, and will continue systematically violating constitutional rights (especially after the Supreme Court’s ruling limiting nationwide injunctions).

Khalil’s legal team has a solution. On Thursday, his lawyers announced that Khalil has “filed a claim detailing the harm he has suffered as a result of his politically motivated arrest and detention…

The claim is a precursor to a federal lawsuit against the Trump administration, which he will bring under the Federal Tort Claims Act, a 1946 federal statute that allows individuals to sue the U.S. government for damages for civil law violations.” 

Khalil is seeking $20M in damages, “which he would use to help others similarly targeted by the Trump administration and Columbia University.” As an alternative to financial damages, he would accept “an official apology and abandonment of the administration’s unconstitutional policy.”

It alleges, “The administration carried out its illegal plan to arrest, detain, and deport Mr. Khalil in a manner calculated to terrorize him and his family.” He continues to suffer “severe emotional distress, economic hardship, damage to his reputation, and significant impairment of his First Amendment and Fifth Amendment rights” as a result of the arrest and 104 days of detention.

This is the first complaint for money damages in response to the Trump administration’s plot to snatch legal residents off the street, lock them up, and deport them based on the content of their speech. Khalil’s civil action is at least one way to assign blame to Trump's lackeys for their ongoing reign of terror against migrants.

While individuals such as Secretary of State Marco Rubio and Trump’s Grand Inquisitor Stephen Miller won’t be a dime out of pocket, at least a judgment awarding significant damages will enforce a modicum of accountability on a regime that runs roughshod over the Constitution, statutes, and even adverse court orders.

In another forum, a finding of criminal contempt against government lawyers for blowing past U.S. District Court Judge James Boasberg’s order to turn around the plane taking Abrego Garcia and others to El Salvador may provide another means to combat rank disobedience to judicial orders. Republicans demonstrated their trepidation about contempt actions when they tried (unsuccessfully) in the reconciliation negotiations to prevent such proceedings.

On that score, the Senate must decide whether Emil Bove’s alleged directions to Justice Department employees to flout the courts disqualify him for a seat on the 3rd Circuit. In addition to filing a professional ethics complaint against him, denying him a judicial seat could thwart his ambition and create a disincentive for other government lawyers to follow his lead.

In Bove’s case, a whistleblower, bolstered by documentary evidence, alleges Bove played a key role in defying Judge Boasberg’s order. The evidence also indicated he was complicit in violating prisoners’ due process rights at CECOT and may have “seriously misled Congress about his conduct.” As Tom Jocelyn and Ryan Goodman at Just Security point out:

[S]everal of the whistleblower’s documents provide strong corroboration that Bove did suggest in the Mar. 14 meeting saying “fuck you” to a court that issued an injunction. That evidence directly contradicts Bove’s testimony, “I did not suggest that there would be any need to consider ignoring court orders.”

Whether it is money damages, contempt findings, professional sanctions, or embarrassing revelations that could deny confirmation for a plum federal court appointment, the courts, whistleblowers, plaintiffs’ attorneys, senators, and bar associations must find ways to punish MAGA operatives’ lawless behavior. Without adverse consequences, the Trump mob will continue its onslaught against the Constitution.

We are in this fix because Congress is controlled by spineless MAGA lackeys, and an unhinged MAGA majority on the Supreme Court has shielded Trump (and by extension his minions) from criminal liability, given him enough wiggle room to evade lower court orders, and facilitated a huge expansion of executive power.

Until voters can throw out MAGA lawmakers, install a constitutionally compliant president, and undertake meaningful Supreme Court reform, creative, alternative mechanisms may be the only way to halt or at least slow down Trump’s ongoing schemes to uproot the rule of law.

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-Jennifer Rubin, The Contrarian