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A Federal Judge Just Blocked Trump’s Executive Order Targeting Sanctuary Cities

Mother Jones

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A federal judge in San Francisco blocked a January executive order that the Trump administration was using to threaten to withhold funds from so-called sanctuary jurisdictions refusing full cooperation with federal enforcement of immigration laws.

In issuing a nationwide preliminary injunction Tuesday, US District Judge William Orrick cited public comments by President Donald Trump, Attorney General Jeff Sessions, and other administration officials that warned cities that they would lose public safety funds if they did not comply with federal immigration agents’ attempts to locate and detain undocumented immigrants. “If there was doubt about the scope of the Order, the President and Attorney General have erased it with their public comments,” Orrick wrote.

But it wasn’t just these public comments that influenced Orrick’s ruling. He also found serious constitutional problems with the executive action. The judge’s decision states the executive order goes beyond the president’s authority under the 10th Amendment, which limits the federal government’s authority over local governments. “The Executive Order uses coercive means in an attempt to force states and local jurisdictions to honor civil detainer requests, which are voluntary ‘requests’ precisely because the federal government cannot command states to comply with them under the Tenth Amendment,” it reads.

The injunction comes out of a lawsuit brought by San Francisco and Santa Clara counties over Trump’s directive, with similar suits pending in other courts. Orrick’s order, which is based on the counties’ likelihood of success in their case, comes just a few days shy of Trump’s 100th day in office, when his administration is attempting to tout his accomplishments despite setbacks in Congress and in the courts.

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A Federal Judge Just Blocked Trump’s Executive Order Targeting Sanctuary Cities

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Jeff Sessions Announces a New Crackdown on Immigrants and "Filth"

Mother Jones

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This morning, Attorney General Jeff Sessions visited the US-Mexico border in Nogales, Arizona, to announce a new get-tough approach to immigration enforcement, directing federal prosecutors to pursue harsher charges against undocumented immigrants. “For those that continue to seek improper and illegal entry into this country,” Sessions said, “be forewarned: This is a new era. This is the Trump era.”

In his remarks, Sessions said nonviolent immigrants who enter the country illegally for a second time will no longer be charged with a misdemeanor—they’ll be charged with a felony. He also recommended that prosecutors charge “criminal aliens” with document fraud and aggravated identity theft, which carries a two-year minimum sentence. In January, President Donald Trump expanded the definition of which immigrants can be considered “criminal” to include anyone who has committed “a chargeable criminal offense,” which could include sneaking across the border.

As he proposed stiffer penalties for nonviolent immigrants, Sessions also targeted gangs and cartels “that turn cities and suburbs into war zones, that rape and kill innocent citizens and who profit by smuggling poison and other human beings across our borders.” Invoking unusually severe language in the written version of his announcement, Sessions proclaimed, “It is here, on this sliver of land, where we first take our stand against this filth.”

In contrast to the dire picture Sessions painted, crime rates in American border cities have been dropping for at least five years. Even after a year of increased violent crime—which officials said had nothing to do with cartels or spillover violence—El Paso, Texas, is among the safest of its size in the nation.

Sessions also promised to hire 125 new judges to address a backlog of immigration cases and prioritized the prosecution of offenses such as assaulting immigration authorities and smuggling more than three undocumented immigrants into the country. He urged prosecutors to crack down on people who reenter the United States after being deported. “The lawlessness, the abdication of the duty to enforce our immigration laws, and the catch and release practices of old are over,” Sessions stated.

Frank Sharry, the executive director of America’s Voice Education Fund, an immigration reform advocacy organization, issued a rebuke of Sessions’ statement. “Attorney General Sessions is grandstanding at the border in an attempt to look tough and scare immigrants. It’s yet another example of the Trump Administration treating all immigrants as threats and as criminals.”

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Jeff Sessions Announces a New Crackdown on Immigrants and "Filth"

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A Federal Judge Just Ignored Jeff Sessions and Approved Baltimore’s Police Reforms

Mother Jones

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Despite the opposition of Attorney General Jeff Sessions, a federal judge in Baltimore on Friday locked in place a consent decree between the city’s police force and the Department of Justice. While local officials cheered the order, which seeks to reform the troubled Baltimore Police Department after the Obama Justice Department found widespread unconstitutional and discriminatory practices, Sessions issued a blistering statement predicting that crime would rise as a result.

“I have grave concerns that some provisions of this decree will reduce the lawful powers of the police department and result in a less safe city,” Sessions said. “Make no mistake, Baltimore is facing a violent crime crisis.”

The Justice Department opened an investigation into the Baltimore Police Department in 2014 after the Baltimore Sun revealed that the city had paid out millions in more than 100 civil suits alleging police misconduct and brutality. That investigation expanded the following year after the death of Freddie Gray while in police custody.

Under Sessions, the Department of Justice has begun to walk back its commitment to federal oversight of police departments with discriminatory patterns or practices, a priority of the Obama administration. Earlier this week, Sessions ordered a review of all consent decrees between police departments and the Justice Department. Department lawyers asked the US district court in Baltimore to put off approving the consent decree for at least 30 days so the new administration could review it.

But in his opinion Friday, US District Judge James Bredar said the time for reviewing the agreement had passed. “The case is no longer in a phase where any party is unilaterally entitled to reconsider the terms of the settlement; the parties are bound to each other by their prior agreement,” Bredar wrote. “The time for negotiating the agreement is over. The only question now is whether the Court needs more time to consider the proposed decree. It does not.” The 227-page consent decree, which places new rules and limits on how officers can interact with the public and mandates training in de-escalation tactics, among other areas of training, will take effect immediately.

Sessions’ statement suggests he is wary of the comprehensive oversight of the city’s police department mandated by the decree. He even appeared to question the allocation of resources for what he described as a “highly paid monitor,” who will ensure the decree’s provisions are met. This puts Sessions at odds with the Baltimore Police Commissioner and the city’s mayor, both of whom are highly supportive of the consent decree and spoke out against a possible delay in implementing it. The decree “will support and, in fact, accelerate many needed reforms in the areas of training, technology, and internal accountability systems,” Commissioner Kevin Davis said in a statement Friday. Despite Sessions fears, as Mother Jones previously reported, a recent study by police reform expert Samuel Walker at the University of Nebraska in Omaha found that consent decrees are largely effective in achieving long-term reforms.

Sessions claimed the agreement had been hastily put together in the final days of the Obama administration—and indeed it was finalized shortly before President Donald Trump was inaugurated. The Justice Department had issued its final report last summer, but Baltimore officials reportedly hurried the final agreement after Trump’s election. This ultimately prevented Sessions from halting its progress.

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A Federal Judge Just Ignored Jeff Sessions and Approved Baltimore’s Police Reforms

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Holocaust Survivor Slams Top Immigration Official: "History Is Not on Your Side"

Mother Jones

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On Monday, Attorney General Jeff Sessions made a surprise appearance at a White House press briefing to announce that the Justice Department would begin cracking down on so-called sanctuary cities that fail to comply with federal immigration laws. If local governments refuse to cooperate with federal efforts to detain undocumented immigrants, Sessions said, as much as $4 billion in grants across the country could be withheld.

Despite the stark warning this week, many residents opposing Trump’s anti-immigration policies don’t appear to be deterred. In the case of Sacramento County, where Immigration and Customs Enforcement Acting Director Thomas Homan was invited to speak at a town-hall style meeting Tuesday, hundreds of people turned out to blast the ongoing sweeps targeting undocumented immigrants in the state. The most powerful moment arrived when an 87-year-old Holocaust survivor named Bernard Marks took to the mic to warn Homan and Sheriff Scott Jones that “history was not on their side.”

The remarks, as noted by CBS Sacramento, below:

When I was a little boy in Poland, for no other reason but for being Jewish, I was hauled off by the Nazis. And for no other reason I was picked up and separated from my family, who was exterminated in Auschwitz. And I am a survivor of Auschwitz and Dachau.

I spent five and a half years in concentration camps, for one reason and one reason only—because we picked on people, and you as the sheriff, who we elected as sheriff of this county—we did not elect you for sheriff of Washington, DC. It’s about time you side with the people here. And when this gentleman stands up there and says he doesn’t go after people, he should read today’s Bee. Because in today’s Bee, the Supreme Court Justice of California objected to ICE coming in and taking people away from the courts. Don’t tell me that this is a lie.

You stand up here Mr. Jones. Don’t forget—history is not on your side.

The remarks were met with loud cheers from the audience. Homan responded to the speech by saying his agency will continue to arrest undocumented immigrants inside courthouses.

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Holocaust Survivor Slams Top Immigration Official: "History Is Not on Your Side"

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Invoking Immigrant-Induced Mayhem, Sessions Announces Crackdown on Sanctuary Cities

Mother Jones

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Attorney General Jeff Sessions has set his sights on a new target: sanctuary cities and counties. In a guest appearance at Monday’s White House press briefing, Sessions announced that the Justice Department will begin cracking down on state and local governments that do not help the administration identify and deport undocumented immigrants. Painting a picture of violence perpetrated by “aliens,” Sessions announced that the department will punish sanctuary jurisdictions by withholding federal grants.

“Today, I’m urging states and local jurisdictions to comply with these federal laws,” he said. “The Department of Justice will require that jurisdictions seeking or applying for Department of Justice grants to certify compliance with US Code 1373 as a condition for receiving those awards.” Sessions’ announcement comes as several mayors have expressed an unwillingness to use local police forces to help detain and deport undocumented immigrants. According to Sessions, the Justice Department issues more than $4 billion in grants each year that would be subject to the new restrictions.

Sessions announcement is in keeping with an executive order President Donald Trump signed in January mandating the withholding of federal funds from sanctuary jurisdictions. Sessions added that the department would seek to “claw back” grants to localities that later appear to willfully violate the law. The statute Sessions referred to, 8 US Code 1373, prohibits government officials from restricting communications between a government agency and immigration enforcement about the immigration status of any individual. But the language in the statute is vague, and it’s unclear if the federal government can force local law enforcement to engage in immigration enforcement, a situation that will likely lead to court challenges to Trump’s executive order and Sessions’ new policy.

In his remarks, Sessions depicted undocumented immigrants as a violent scourge—raping, murdering, and sexually abusing children. “Countless Americans would be alive today and countless loved ones would not be grieving today if these policies of sanctuary cities were ended,” he said. That characterization is in line with the president’s critical language about immigrants, and last week, at Trump’s direction, Immigration and Customs Enforcement published its first weekly list of the crimes committed by undocumented immigrants in sanctuary cities. But the depiction is misleading, since immigrants are less likely than native-born citizens to commit crimes.

Sessions’ remarks also ignore the academic literature showing that sanctuary cities improve public safety by increasing trust and communication between immigrant communities and law enforcement. As three researches noted in a Los Angeles Times op-ed recently, “Sanctuary jurisdictions—39 cities and 364 counties across the country have policies that limit local law enforcement’s involvement in enforcing federal immigration laws—increase public safety.” They noted a study published last year by the University of Chicago Press in which a majority of 750 police chiefs and sheriffs across the country expressed opposition to using local law enforcement to enforce immigration laws. Other studies have also found lower crime rates in sanctuary jurisdictions.

One thing that is likely to hurt public safety, however, is withholding federal grants that help fund law enforcement.

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Invoking Immigrant-Induced Mayhem, Sessions Announces Crackdown on Sanctuary Cities

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A Mini Version of Trump Is About to Take Over the USDA

Mother Jones

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Back in 2002, a racially divisive fertilizer and trucking magnate shocked the political world by winning Georgia’s governorship, after being down in the polls the entire campaign. As governor, Sonny Perdue refused to divest himself of his companies, declaring, “I am a small business owner, I’m in the agri-business … That’s about as blind a trust as you can get. We trust in the Lord for rain and many other things.” (Hat tip, Politico.)

Perhaps savoring the similarities with himself, President Trump tapped Perdue as his pick for secretary of the US Department of Agriculture way back in January, promising “big results for all Americans who earn their living off the land.” The nomination promptly languished for six weeks, with no date set for Senate confirmation hearings amid complaints of unreturned calls to the White House from sources close to Perdue. On Friday, Perdue’s nomination took a major step forward when the former governor filed ethics papers required by the Senate.

His Public Financial Disclosure Report reveals a Trumpian tangle (though on a much smaller scale) of business interests and obligations, including three Georgia-based agribusiness and berths on the boards of directors of two agribusiness trade groups. In other words, Trump plucked his agriculture secretary from the very industry the USDA exists to regulate. Unlike the president—and himself, during his time as Georgia governor—Perdue (no relation to the Maryland chicken family) pledged to place the businesses in a blind trust (legal, not theological) and step down from the boards.

While the existence of Perdue’s fertilizer, trucking, and grain-trading firms were already well-known, his presence on those two trade-group boards has drawn little attention. Both groups will presumably be thrilled to see one of their own to take the USDA helm.

The National Grain and Feed Association represents the nexus of industries around livestock feed—grain-trading firms, meat companies, and seed/pesticide purveyors. Perdue sat on its board alongside execs from agribiz giants Cargill, Archer Daniels Midland, Bunge, and Dreyfus. The group’s member list reads like a Big Ag version of the Yellow Pages—it includes meat heavyweights Tyson and JB; seed/pesticide titans Monsanto, Syngenta, Bayer Cropscience, Dow, and DuPont; and feed giants like Purina Animal Nutrition.

As for the Georgia Agribusiness Council, Perdue serves as the board of directors’ secretary. The council’s “star sponsors” include Bayer Cropscience, Syngenta, Coca-Cola, and Croplife America, the pesticide industry trade group.

As Politico notes, Perdue did plenty of favors for friends while occupying Georgia’s governor’s mansion. The journal found “more than a dozen instances when he gave positions to business associates and campaign donors, and other occasions when he rewarded his state staff with opportunities in his agriculture and shipping empire after he left office.” Even as Perdue awaits confirmation, one of his Georgia associates is already waiting for him in Trump’s USDA, Politico reports: “Heidi Green, a partner of Perdue’s shipping business who also worked for him in Georgia state government, landed a political appointment as senior adviser at USDA in January. She’s now being mentioned as a likely candidate to serve as his chief of staff.”

Meanwhile, a recent report from Environmental Working Group characterized Perdue as “mired in ethical lapses, self-dealing and back-room deals that raise troubling questions about his fitness to run the department.” Two of the many examples cited by EWG—a $100,000 tax break gained Perdue through well-timed legislation; an appointment to a powerful post for his cousin and business partner, now the junior Senator from Georgia, David Perdue—I teased out in this January post.

EWG also shows that Perdue appointed execs from his fertilizer and grain-trading businesses to powerful state boards—again, without divesting himself of those businesses. Then there’s this:

While in office, Perdue failed to meet his own ethical standards by repeatedly taking gifts – including sports tickets and first-class flights— from registered lobbyists. Shortly after taking office, Perdue signed his first executive order, which prohibited any state official from accepting gifts worth more than $25 from lobbyists.

However, a query of lobbyist expenditures shows that Perdue received at least 53 gifts from registered lobbyists over the monetary limit – totaling more than $23,000–between 2006 and 2010, including a $2,400 flight to a NASCAR race. In 2003, the Office of the Inspector General – an office established by Perdue’s second executive order – investigated whether Perdue’s personal use of state helicopters was appropriate, ultimately leading the Office of the Attorney General to prohibit such uses.

Even so, Perdue doesn’t carry quite the baggage of some of Trump’s more outlandish cabinet picks, like Andy Puzder, who ultimately declined to face a Senate confirmation hearing for the labor department post. He’ll likely zoom through confirmation hearings in the Senate, and get a brisk slap on the back from his cousin and erstwhile business partner, Sen. David Perdue (R-Ga.).

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A Mini Version of Trump Is About to Take Over the USDA

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These 5 Trump Cabinet Members Have Made False Statements to Congress

Mother Jones

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This story originally appeared on ProPublica.

As most of the world knows by now, Attorney General Jeff Sessions did not tell the truth when he was asked during his confirmation hearings about contacts with Russian officials.

But Sessions isn’t the only one. At least four other cabinet members made statements during their nomination hearings that are contradicted by actual facts: EPA Chief Scott Pruitt, Education Secretary Betsy DeVos, Treasury Secretary Steve Mnuchin, and Health and Human Services Secretary Tom Price.

The statements were all made under oath, except those of DeVos. It is a crime to “knowingly” lie in testimony to Congress, but it’s rarely prosecuted.

If you know of instances that we’ve missed, email us.

EPA Chief Scott Pruitt

The falsehood: Pruitt stated in testimony that he had never used a private email account to conduct business while he was Oklahoma’s attorney general.

The truth: Fox News 25 asked the state Attorney General’s office whether Pruitt had used a personal email. The answer was yes.

The Associated Press also received emails in response to a public records request showing Pruitt using a private account to conduct state business.

Pruitt’s response: None.

Education Secretary Betsy Devos

The falsehood: DeVos said during her confirmation hearings that she has not been involved in her family’s foundation, which has given millions of dollars to group that oppose LGBT rights.

“You sit on the board,” Sen. Maggie Hassan, D-N.H., noted. DeVos responded, “I do not.”

The truth: As The Intercept has detailed, tax filings have listed DeVos as vice president of the foundation’s board for 17 years.

DeVos’ response: She said the foundation’s nearly two decades of filings were the result of a “clerical error.”

Treasury Secretary Steve Mnuchin

The falsehood: In written testimony, Mnuchin denied that his former bank had used so-called “robo-signing” to improperly foreclose on homeowners. “OneWest Bank did not ‘robo-sign’ documents,” Mnuchin wrote.

The truth: As the Columbus Dispatch detailed, OneWest Bank employees frequently signed documents in bulk without proper review, which is what robo-signing is. One employee testified that she typically signed about 750 foreclosure documents per week. The Dispatch noted that a judge stopped three OneWest Bank foreclosures “specifically based on inaccurate robo-signings.” Reuters also detailed the bank’s robo-signing back in 2011.

Mnuchin’s response: A spokesman offered the following statement after the Dispatch‘s story: “The media is picking on a hard-working bank employee whose reputation has been maligned but whose work has been upheld by numerous courts all around the country in the face of scurrilous and false allegations.”

Health and Human Services Secretary Tom Price

The falsehood: During his confirmation hearings, Price insisted that the discount he got on a biotech stock was “available to every single individual that was an investor at the time.”

The truth: As the Wall Street Journal reported, fewer than 20 investors in the U.S. were offered the discount, including Price.

Price’s response: Price did not respond to the Journal’s story.

Attorney General Jeff Sessions

The falsehood: Sen. Al Franken, D-Minn., asked Sessions whether “anyone affiliated with the Trump campaign communicated with the Russian government in the course of this campaign.”

Session responded: Sen. Franken, I’m not aware of any of those activities. I have been called a surrogate at a time or two in that campaign and I did not have communications with the Russians.”

The truth: Yes, he did.

Sessions’ response: His office’s first statement: “I never met with any Russian officials to discuss issues of the campaign. I have no idea what this allegation is about. It is false.”

An anonymous White House official gave a New York Times reporter a different take, saying Sessions and the ambassador did talk and “had superficial comments about election-related news.”

Sessions’ spokeswoman later said Sessions often spoke with “foreign ambassadors as a senior member of the Armed Services Committee.Washington Post reporters asked all 26 members of the committee if they spoke to the Russian ambassador in 2016. Sessions was the only one.

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These 5 Trump Cabinet Members Have Made False Statements to Congress

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It’s Raining Shoes in the Jeff Sessions Affair Today

Mother Jones

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OK, I’m back from lunch. Have any more shoes dropped in the Jeff Sess—

Attorney General Jeff Sessions said Thursday he will recuse himself from any investigations related to the 2016 presidential campaign, which would include any Russian interference in the electoral process….The announcement comes a day after The Washington Post revealed that Sessions twice met with Russian Ambassador Sergey Kislyak and did not disclose that fact to Congress during his confirmation hearing.

Okey doke. I guess we all saw that coming. Anything el—

Michael T. Flynn, then Donald J. Trump’s incoming national security adviser, had a previously undisclosed meeting with the Russian ambassador in December to “establish a line of communication” between the new administration and the Russian government, the White House said on Thursday. Jared Kushner, Mr. Trump’s son-in-law and now a senior adviser, also participated in the meeting at Trump Tower with Mr. Flynn and Sergey I. Kislyak, the Russian ambassador.

Huh. Well, Kushner is supposedly going to be dealing with foreign policy issues, so I suppose that makes sense. It’s all above board and—

Look, can I finish a question, please? Obviously we don’t know what Sessions and Kislyak talked about, but is there any evidence at all linking their meeting to Russian hacking? Even something circumstantial?

Well, I’m sure there’s an innocent explanation for all this. Probably lots of senators chat with Kislyak now and again just to size up Russia’s intentions, don’t you think? Especially those with direct concerns about Russia, like Sessions’ fellow members of the Armed Services Committee.

Come on. All this happened while I was at lunch?

Yes.

I can hardly wait for dinner.

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It’s Raining Shoes in the Jeff Sessions Affair Today

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Watch These Protesters Outside the Department of Justice Demand Sessions’ Resignation

Mother Jones

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On Thursday at noon, a crowd of about 100 people and growing gathered outside the US Department of Justice to call for the resignation of attorney general Jeff Sessions, chanting “Fire Sessions” and “Dosvedanya Jeff Sessions,” in an event organized by MoveOn.org, a progressive advocacy group and political action committee.

The calls for resignation were triggered by allegations, published late Wednesday by the Washington Post, that Sessions misled Congress during his confirmation hearing when he denied having any contacts with representatives of the Russian government during the 2016 presidential race. The Post found that Sessions met with Russian Ambassador Sergey Kislyak twice at the height of the campaign—once in July 2016 and once in September. A growing number of Republicans in Congress are also calling on Sessions to resign over the allegations or recuse himself from any investigations.

You can watch the ongoing protest live below:

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Watch These Protesters Outside the Department of Justice Demand Sessions’ Resignation

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Trump’s Other Executive Orders That May Target Immigrants

Mother Jones

Controversy continues to boil over President Trump’s executive order imposing an immigration ban and his policies aimed at aggressively deporting undocumented immigrants. Two other executive orders signed by Trump earlier this month, focused on fighting crime, have gotten less attention—but sections of them also appear to target America’s immigrant population, a former Justice Department official says.

Trump’s executive order concerning crime reduction and public safety instructs the Department of Justice to establish a new task force to crack down on illegal immigration, drug trafficking, and violent crime. Among its duties will be to “identify deficiencies” in existing laws, make legislative recommendations, and improve data collection on crime trends. Another Trump order, focused on combating international cartels that conduct human trafficking and drug smuggling, directs the DOJ to develop a strategy against these groups that “have spread throughout the nation” and “have been known to commit brutal murders and rapes,” driving “crime, corruption, violence, and misery.”

Thomas Abt, a criminologist at the Harvard Kennedy School and the former chief of staff for the DOJ’s Office of Justice Programs, says these executive orders involve the usual activities of the DOJ, but also imply strategic priorities that are misguided and troubling. “Here in the United States, I think a connection between immigration—legal or illegal—and violent crime is not one that there’s any evidence for,” says Abt. One order suggests that increased drug trafficking by cartels is responsible for a “resurgence in deadly drug abuse and a corresponding rise in violent crime,” but there’s little evidence to support that, says Abt. He notes that the current opioid and heroine crisis took hold well before the recent spike in violent crime in some US cities.

There is also no evidence to suggest that cartels are more active in the US now than they have been historically. And while mayhem from the drug cartels ravages Mexico and central American countries, and is played up by anti-immigration pundits, violence in the US connected to the cartels is nowhere near that scale. Research published in 2015, for example, found that even at the height of cartel violence in 2010, there was “no notable increase” in crime along the US side of the border that correlated with the spike in murders in Mexico.

“The way it’s being framed as this new Bogeyman is just not accurate,” Abt says. Moreover, the executive orders “suggest that what’s coming next is not a smart, data-driven approach to these issues. They suggest the beginning of a fear-based effort.”

Abt sees a potential return to 1980s and 1990s tough-on-crime policies—championed by Attorney General Jeff Sessions—that have been eschewed as ineffective by leading crime reduction experts. With the call to “assess” the allocation of money and resources to federal agencies’ for fighting international criminal orgs, Abt also says there could be a shifting of resources by the Trump administration from proven crime-reduction efforts to ideologically based efforts.

Perhaps most troubling, Abt says, is a Trump directive to publish a quarterly report on the criminal convictions of people involved with international criminal organizations. This could be used as a pretext to discriminate against immigrants—similar to how the threat of terrorism is being used to justify banning travel by immigrants from the seven Muslim-majority countries.

“It’s clearly designed to marshal public opinion,” Abt says. “This is Willy-Horton-style, everybody-get-scared type of politics.”

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Trump’s Other Executive Orders That May Target Immigrants

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