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@kwelkernbc

https://twitter.com/capimmigration/status/1318689350138228737?s=21

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Tom Jawetz

@TomJawetz

23 Oct

@kwelkernbc

#Immigration is not a debate topic.

But immigrants are central to any conversation about Fighting COVID-19, American Families, Race in America, Climate Change, National Security, or Leadership.

@kwelkernbc may not ask, but no answer‘s complete without raising it. #Debates2020

On #COVID19, millions of immigrants are working alongside Americans as essential workers to fight the pandemic.

3-in-4 undocumented workers are in jobs defined as essential by DHS itself. #ImmigrantsAreEssential

But despite the great personal sacrifices they have made, undocumented immigrants and their families--including US citizens--have been largely left out of the relief that Congress has passed to date.

This is what we have long needed. americanprogress.org/issues/economy…

Read 17 tweets

Tom Jawetz

@TomJawetz

28 Jul

Now that we have DHS's official response to the Supreme Court's #DACA decision, a few things are clear. /1 dhs.gov/sites/default/…

The Trump administration remains as fixated as ever on ending DACA AND they remain as terrified as ever at being held responsible for that decision.

The refusal to own the decision to end DACA in 2017 played a big role in the Court's decision to vacate the rescission. /2

With an election on the horizon, Trump's anti-immigrant attacks weighing him down, and control over the Senate turning on states with sizable immigrant and Latinx populations, this memo is designed to distract people from the fact that it promises an end to DACA if Trump wins. /3

Read 15 tweets

Tom Jawetz

@TomJawetz

6 Jul

https://twitter.com/TomJawetz/status/1005482555607535618

Two years ago we learned about the death by suicide of Marco Antonio Muñoz, a father whose child was forcibly ripped out of his arms by Border Patrol agents in the early days of Trump's family separation policy.

Last week a court threw out most of his claims for relief. /1

https://twitter.com/TomJawetz/status/1005482555607535618

This article paints a clear picture about how judicially-created immunity doctrines and statutory exemptions make it nearly impossible for a person (or their surviving relatives) to get justice. /2 themonitor.com/2020/07/03/jud…

Muñoz sued the US, because it was the official government policy of separating families like his that led to his death.

The claim was dismissed b/c the family separation policy and the separation itself were acts of discretion.

Dismissed because the US *chose* to do this. /3

Read 7 tweets

Tom Jawetz

@TomJawetz

2 Jul

I'd love to see what #appellatetwitter thinks about this:

While qualified immunity is a shield against liability for past unconstitutional conduct, the neutering of Bivens is--on top of that--a license for federal officials to act unconstitutionally in the future. /1

Qualified immunity is terrible because if we say people have certain civil and constitutional rights we must allow them to hold people accountable when those rights are violated. /2

Under QI, courts frequently dismiss a person's claim even when they find that the person's rights were violated on the grounds that the right wasn't "clearly established" at the time of the wrongful conduct.

In theory, such a finding should put future state actors on notice. /3

Read 10 tweets

Tom Jawetz

@TomJawetz

2 Jul 19

Castro, Booker, and Beto have now each elaborated on their positions with respect to 1325 misdemeanor illegal entry prosecutions.'

Although there are distinctions between those positions, they may largely be without difference. /1

8 USC 1325 makes it a criminal misdemeanor to enter the country without authorization. It's been the law for 90 years but was rarely used until the final years of the George W. Bush administration. /2

@TRACReports

This chart from @TRACReports shows the spike in ALL #immigration prosecutions (not just 1325) in 2008, followed by high prosecution numbers during the early Obama years and a sustained drop late in 2014 that carried through until a sharp increase under Trump. /3

Read 15 tweets

Tom Jawetz

@TomJawetz

11 Apr 19

We really need to deconstruct what we mean when we say we are dealing with a "humanitarian crisis" along our southwest border.

Almost everyone now uses that phrase at every possible opportunity. So what exactly are they talking about?

Some thoughts.

For many people, the humanitarian crisis at the southwest border is literally what they've been seeing along the border:

Kids in cages
Overcrowded USBP cells
Families being jailed
Families being separated
Families sleeping under a bridge
Children dying in our care

While Stephen Miller--whose nativism and white nationalism form the basis of his simpatico relationship with Trump--may have enjoyed seeing pictures of suffering children and families, most people were repulsed.

vanityfair.com/news/2018/06/s…

Read 11 tweets

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