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Indiana’s Embarrassing AG

He’s at it again.

I don’t know how many pixels I’ve wasted on discussions of Indiana’s ridiculous Attorney General, Todd Rokita. When I took a look at the history of this blog, I realized that reports of his problematic behaviors began while he was still in Congress, and  accelerated when he became AG. 

Rokita’s self-importance isn’t matched by even a modicum of self-awareness, a lack that has led to admonitions of him from Indiana’s all-Republican Supreme Court. His tireless efforts to play to the craziest fringes of MAGA (and those are some fringes!) have led to his efforts to smear the IU Ob-Gyn who performed a legal abortion on  a ten-year-old rape victim, a recent request that the Trump administration send federal troops to Indiana, and his maintenance of an unvetted list of school teachers who are reportedly sharing “woke” positions in their classrooms.

Rokita’s sustained assault on public education has erupted again, via a bizarre lawsuit Rokita has filed against Indianapolis’ Public Schools for failure to assist ICE in terrorizing students. IPS has had the nerve to demand legal authority before allowing ICE agents into its classrooms.

As the Indiana Capital Chronicle reported, Rokita “filed suit against Indianapolis Public Schools — with help from a conservative think tank — accusing the state’s largest public school district of ‘thwarting’ federal immigration enforcement.”

In response, the IPS board re-affirmed the district’s commitment to “ensuring safe, supportive, and welcoming learning environments for all students.” (It isn’t difficult to picture the eye-rolls that must have accompanied the response–and the “here he goes again” sighs…) Per IPS,

As has always been the case, we will continue to uphold the law while keeping these commitments,” the board added, before knocking Rokita’s intentions.

While IPS takes all legal obligations seriously, we respectfully hope that all concerned parties will recognize the heavy burden that silly litigation and political posturing places on students, families, and taxpayers,” the statement continued. “Every dollar spent on defensive legal posture is a dollar not spent on instructional support, teacher development, student services, or enrichment. In this case, Mr. Rokita prefers those dollars go to fight gratuitous political battles, as has too often been the case.

A very tactful way of saying “we really don’t want to pay for his incessant grandstanding.”

IPS requires that officers have a warrant signed by a judge unless there is an emergency situation, and the school system’s legal counsel must authorize the access. That policy certainly appears reasonable; after all, school systems are legally charged with acting in loco parentis, and with safeguarding the children in its care. Rokita, however, argues that the district should allow individual employees to “voluntarily comply” with ICE demands.

Rokita’s office began “investigating” (harassing) IPS in February, and communications have evidently gone back and forth since, with Rokita’s most recent demanding immediate changes.  As the IPS response noted,

Unfortunately, despite taking six months to craft his opinion on IPS’ policies, Mr. Rokita permitted only five business days from the time IPS received his review to respond, and then refused IPS’ request for any additional time….Yet, these important issues deserve thoughtful, deliberative weighing of important legal rights — not impulsive, superficial efforts for political gain.

Board members also criticized Rokita’s use of the term “aliens” for noncitizen children and their families, accusing him of  “willfully dehumanizing” them.

Assisting Rokita in this effort at bullying the system is something called the America First Policy Institute. (I guess a name really does say it all…) The institute says the Indiana case is part of its mission to hold “rogue” government entities accountable. Evidently, it’s “rogue” to protect children from being terrorized without legal authority.

In the wake of the suit, the Indiana State Teachers’ Association affirmed its belief that “every child in Indiana, regardless of background or immigration status, has the right to a safe and welcoming public school.” The organization confirmed the  professional and moral responsibility of educators “to protect the wellbeing of their students and ensure schools remain places of learning, trust and stability….Turning schools into extensions of immigration enforcement threatens that trust and undermines the learning environment every student deserves. Our focus must remain on educating and protecting students, not politicizing their safety.”

A local immigration attorney interviewed by WTHR believes the lawsuit is part of an effort to increase ICE’s presence in Indianapolis, and characterized it as fear mongering playing to the base….”the idea of federal agents often masked and in full uniform and flak jackets going into schools is just diabolical.”

It would be nice if Rokita would stop his constant pandering to MAGA’s looney-tune fringe and spend some time doing the job he was elected to do, but I’m not holding my breath…

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RIP Due Process

During my tenure as a college professor, I taught graduate and undergraduate classes in Law and Public Policy through what I called a “Constitutional lens.” I was convinced–and remain convinced–that policy decisions unconnected or antagonistic to the country’s underlying legal framework are illegitimate, and that the public affairs students who would become police officers, public managers or legislators needed an education grounded in the Constitution and Bill of Rights.

When we came to the 4th and 5th (and 14th) Amendments, the lessons revolved around the purpose and definition of “due process.” I used to introduce that discussion by drawing two circles on the blackboard (or later, the whiteboard..)–one large circle, which I labeled “the 500 pound gorilla” and a much smaller one labeled “the individual.” As I would proceed to explain, due process guarantees were intended to level, to the extent possible, the mismatch between the power of the 500 pound gorilla (the government), and the resources of far less powerful individual citizens–to require the government to prove its right to deprive a citizen of either  liberty or property.

The Fourth Amendment is considered one of the due process Amendments. It requires that the government have probable cause to arrest a citizen. The courts have (until now) defined probable cause as sufficient, reasonable, articulable grounds to believe that a crime has been committed, is being committed, or will be committed, in order to justify an arrest, search, or issuance of a warrant. Hunches or suspicions aren’t sufficient–and until this year, arresting someone solely on the basis of their identity would constitute a clear violation of the Fourth Amendment.

There are three kinds of due process recognized in American jurisprudence: criminal due process, civil due process, and substantive due process. I have written extensively about the current attack on substantive due process, which limits the areas of our lives in which government can properly intervene. When it comes to criminal due process, legal scholars frequently use the phrase “fundamental fairness” to summarize the elements intended to provide an accused person with a fair hearing, including a trial overseen by an impartial judicial officer, the right to an attorney, the right to present evidence and argument orally, the chance to examine all materials relied upon by the prosecution, the right to confront and cross-examine adverse witnesses, and the right to appeal an adverse result.

In my undergraduate classes, I sometimes used a tape from an episode of “Star Trek: Deep Space Nine” (yes, I’m a nerd) to introduce due process. In that episode,  Miles O’Brien, the station’s Chief Engineer, is arrested by Cardassians (the series’ aliens) while on a vacation. The Cardassian system is the mirror opposite of ours–O’Brien isn’t told what he was accused of, his lawyer is appointed by the state to “make the case” for his eventual execution (which was scheduled before the trial began), the Judge was also the prosecutor, and so forth. My students would be reliably outraged at the obvious unfairness of that system, and that outrage led to thoughtful and productive discussions about what a truly fair trial would look like and the reasons for the multiple requirements of “due process of law.”

The current, corrupt Supreme Court is allowing the Trump administration to eviscerate those constitutional guarantees. In Noem v. Vasquez, the Court lifted a lower court injunction against patently unconstitutional arrests of people believed to be non-citizens, essentially holding that ‘looking like an immigrant’ can now be considered probable cause for stop, arrest, and detention.

It isn’t just Supreme Court rulings diametrically opposed to years of precedent.

The Prospect, among other sources,  has reported that ICE deliberately uses bureaucratic excuses and location transfers to isolate detainees both from their families and from their lawyers. Only 23 percent of defendants in immigration court even have an attorney in court to represent them. (Unlike in criminal courts, defendants in immigration court aren’t entitled to representation.) But those who do have attorneys are struggling to connect with them. The Prospect report documents the impediments ICE has intentionally constructed to keep these detainees in situations the report describes as “punitive and desperate” and to deprive them of due process.

So here we are. We have a Supreme Court untethered to long-standing constitutional guarantees, and a federal agency committed to denying their indiscriminate targets anything resembling fundamental fairness.

We’ve unleashed the 500-pound gorilla. I’m glad I’m no longer teaching….

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That Pesky Thing Called Reality

There’s an old adage that counsels us to be careful what we wish for.

Before our mad king’s ascension to a second term, lots of Americans held negative views of immigrants. Political pundits attributed a good deal of Trump’s support to his promise to rid the country of these terrible people, the majority of whom (he asserted) were criminals and rapists.

That’s one promise the Trump administration is trying to keep, unlike its promises to curb inflation and cut out government “waste and fraud.” ICE has sent masked, armed enforcers after those nefarious lawbreakers–well, really, after everyone who “looks” undocumented (basically, engaging in racial profiling, yet another Trump administration unconstitutional practice).

So, how much has the keeping of that promise– the delivery of a result that MAGA folks ardently wished for–increased support for the administration? Strangely enough, it turns out that reality has punctured the always dishonest portrayals of America’s undocumented immigrants.

Gallup polling has charted that unanticipated turnaround:

Just months after President Donald Trump returned to office amid a wave of anti-immigration sentiment, the share of U.S. adults saying immigration is a “good thing” for the country has jumped substantially — including among Republicans, according to new Gallup polling.

About 8 in 10 Americans, 79%, say immigration is “a good thing” for the country today, an increase from 64% a year ago and a high point in the nearly 25-year trend. Only about 2 in 10 U.S. adults say immigration is a bad thing right now, down from 32% last year.

What has caused the shift? 

Well, first of all, despite Trump’s dishonest descriptions of an “invasion” of undocumented criminals, it turns out that there really aren’t many criminals out there. Experts have calculated that there may be–at most– only around 78,000 undocumented immigrants with any sort of  criminal record, and of that number, only 14,000 have been convicted of violent crimes. Given Stephen Miller’s demand that ICE arrest 3,000 people a day, ICE has turned its attention to farm workers and day laborers.

For example, multiple media sources have confirmed that the great majority of detainees held at Alligator Alcatraz, the immigration detention center (concentration camp) built in the Florida Everglades, do not have criminal records or charges pending against them in the U.S. — despite Donald Trump claiming the facility would hold “the most vicious people on the planet.”

For that matter, in the case of immigrants who do have records, most of those records are for immigration violations, which are technically civil offenses.

Business owners–especially landscape companies, construction companies and restaurant/hotel owners–have lost significant segments of their workforces, as ICE has rounded up workers who may have been undocumented but who were anything but dangerous criminals. Grocers (and their customers) are dealing with increased prices, as farmers have lost numerous undocumented workers who picked their crops.

And as ICE has moved to deport their friends and neighbors, many more Americans have come to recognize the indiscriminate cruelty of these sweeps. It turns out that abstract promises about ridding the country of undocumented criminals is conflicting with the reality of these roundups.

Masked ICE agents have refused to show ID as they continue to engage in a variety of offensive and unconstitutional behaviors, sparking outrage.

Not only have ICE “enforcers” engaged in racial profiling, “immigration enforcement” is increasingly being used as a barely-veiled cover for efforts to chill the exercise of free speech. Columbia University student, Mahmoud Khalil, was detained by ICE, his student visa revoked, and he was threatened with deportation– not for criminal activity, but for involvement in pro-Palestinian protests. His arrest was widely–and accurately– seen as a part of Trump administration efforts to crack down on student activism. Another widely reported example was the arrest of Rümeysa Öztürk, a 30-year-old Tufts University student. She was taken off the street by masked ICE agents near her home. A court subsequently determined that her arrest had been prompted by her co-authorship of an article about the ongoing war in Gaza. 

There’s much more.

The bottom line is that there is a difference between fantasy and reality. When political promises are based on “alternate realities,” the effort to fulfill them can become an (unintentional) educational exercise. 

It turns out that the American economy is heavily dependant on immigrants, both documented and “illegal.” It turns out that constitutional guarantees for everyone are weakened when an administration decides that some people aren’t entitled to them.

It turns out that immigration enforcement is “more complicated than that,” and that pesky realities are significantly different from the racist fantasies that spawned them.

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Is It Time To Be Good Germans?

Wow…just wow.

A recent essay from the Bulwark really shook me. It reminded me of a long-ago discussion with my mother. We’d been watching a TV mini-series on the Holocaust, and my mother said something to the effect that she would never have been one of the compliant Germans who put their heads down and went along with the brutal Nazi assaults. As I told her then, I wish I could be certain that I would stand up under such circumstances–but it’s not easy to predict what you’d do if your livelihood or liberty or children were at risk.

How many of us really would chance public resistance in such a threatening environment?

The Bulwark essay raised that question, albeit somewhat obliquely. The author, Jonathan Last, began by sharing a message he’d received from a friend.

Are you absolutely sure that as Christians this isn’t the time to hide Anne Frank? Shouldn’t I be willing to help migrants avoid deportation/detention at whatever legal perils await me? If not now then when . . . when it gets twice as bad or three times as bad or ten times as bad?

Sorry if this sounds weird, but everyone likes to think that given the opportunity they would be Mississippi freedom riders or on the bridge at Selma. Well what if it’s that time for me?

Last writes that his first reaction was denial–that bad as things are, the U.S. is not near an “Anne Frank” moment. But then, he began to think about it–and while his certainty didn’t evaporate, it certainly moderated.

Let’s say you’re an immigrant with questionable legal status. You’re married and your spouse is the same. You have lived in America for many years, paying taxes and whatnot, and own a house. You have two kids and they are American citizens—for now.

You and your spouse show up for a routine court date and are snatched by a group of men in masks who claim (without showing identification) that they are agents of the state. You are put in jail. And let’s assume that you are deported. Perhaps to El Salvador.

What happens to your children in the hours after you are arrested? Who picks them up from school? Who feeds them? Where do they sleep?

What happens to your assets?

If you own a home, what happens to it? Is it sold? By whom? Through what process? Where do the proceeds of the sale go?

What about your bank accounts? Do you have access to your savings?

How about your property? Your car, the furniture in your house, your clothes, your computer. What happens to all of that?

Last says he would be surprised if theoretical legal procedures–assuming they exist– are being applied to property rights, since these immigrants aren’t even being given their more basic due process rights.

Worse, even if you are a MAGA bigot who considers everyone who came here illegally a hardened criminal by definition, Last reminds readers that this administration has actually created “illegal immigrants” by arbitrarily changing the status of people who previously had legal status. It has revoked student visas (without bothering to inform the visa holders), and terminated Temporary Protected Status for refugees from Venezuela and Afghanistan.

It was Trump who made their presence “illegal.”

So when we ask these questions about the people that masked ICE thugs are rounding up– taking them off the streets and out of scheduled immigration meetings– when we ask what happens to their property, money and other belongings, we don’t get satisfactory answers. We don’t get answers at all. As Last says, we’re may not be at Anne Frank territory, but “we’re awfully close to the period in which German Jews were having their businesses seized.”

We have masked, unidentified agents of the state snatching people off of the streets. We have the government attempting to skirt due process. We have people being deprived of their property. We have an attempt to revoke birthright citizenship.

Maybe we’re not in Anne Frank territory. But also: Maybe the hour is later than we think.

Maybe it’s time to decide not to be compliant Germans….

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Welcome To The Gulag

A friend of mine recently called to tell me a chilling story. He has a family member who teaches middle-schoolers in our city’s public school system. The students come from a relatively poor area, and are largely Hispanic ten and eleven-year-olds.

And for the past few weeks, his classroom has been visited, sporadically, by ICE.

The ICE officers who come to his classroom have a standard routine; they take a student–a ten or eleven-year-old–out of the classroom and the school for “questioning” of some sort. Sometimes, that student is returned; sometimes–presumably, if it is determined that he or she is undocumented–that student never returns. In the latter case, according to what my friend’s relative has been told, the student, along with his or her parents, has been summarily deported.

My friend was appalled. His relative, the teacher, is infuriated, but helpless.

We don’t know anything more about this invasion of a public school classroom. We don’t know whether the child or the parents are afforded any sort of due process, or whether they have the services of legal counsel. (According to a recent article, routine denial of due process in immigration cases is an intentional part of Trump’s effort to undermine the rule of law.) We don’t know whether they are simply taken, like the widely-reported case of the Massachusetts graduate student with a valid visa who was accosted by plain-clothes ICE officials on a city street, arrested and flown to Louisiana for the “crime” of writing an op-ed with which our current dictator disagreed.

Undocumented immigrants have, by definition, broken the law. They’ve come to the United States without submitting themselves to our incredibly complicated and lengthy legal immigration process. In most cases, that is the only law they’ve broken. The middle-schoolers who are being “disappeared” from the classroom of my friend’s relative are innocent of any intentional lawbreaking, as are the thousands of DACA kids who were brought here as small children.

It is one thing to agree with the administration that undocumented immigrants who have been convicted of crimes while on our soil should be deported; it is another thing entirely to stand by and watch hard-working and otherwise law-abiding people–and their children–being summarily snatched from their lives and their classrooms and taken…where? How?

All my friend really knows is what his teacher/relative is experiencing. His relative doesn’t know any more than the fact that ICE periodically appears in his classroom, takes a child away, and sometimes brings that child back.

And sometimes, doesn’t.

But thanks to the media, we do know about the graduate students (lovingly referred to as “lunatics” by Marco Rubio, our new and especially despicable Secretary of State) who are being rounded up and stripped of their entirely legal residency for the “crime” of expressing opinions with which that our madman President disagrees. Despite assertions to the effect that these students have assisted Hamas and other terrorist organizations, none of them has been credibly accused–indeed, accused at all– of any such activity. No evidence of terrorist support has even been offered. It has become abundantly clear that the only “aid and comfort” offered has come in the form of opinions–the expression of which, at least until the advent of our current fascist regime, has been constitutionally protected.

Is it possible that my friend, his relative, and yours truly are jumping to unwarranted conclusions? All we know, as I’ve said, is that ICE is routinely visiting a largely Hispanic public school classroom, taking individual students out for interrogation, and returning some but not all of them. Perhaps the fact that this is occuring during a time when we are seeing reports of unconstitutional behaviors nationally is making us more suspicious than we would otherwise be.

Perhaps.

Since I have only the information I have shared above, I’m asking any of my readers who might have additional information to share it. (I doubt any ICE personnel read this blog, but if there is such a reader, I would especially welcome a comment correcting any erroneous suppositions. I would be extremely happy to have those suppositions corrected–and the picture I’ve formed of terrified ten-year-olds expunged.)

If, however, the conclusions we’ve reached, based upon what we do know, turn out to be accurate, that would suggest that Trump has taken the U.S. much farther down the path to a fascist autocracy than most of us have thus far recognized.

I hope to see a lot of you at tomorrow’s protest….

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