Jeff Sessions’ Department of Injustice

by Marjorie Cohn, Truthout | Report –

Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in Shelby County v. Holder that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration fearmongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

Voting Rights in Peril

Sessions has reversed the Obama Justice Department’s practice of challenging voter identification laws, which erect obstacles to minority voters. Sessions directed his Justice Department to intervene in favor of states that enact measures to discriminatorily restrict ballot access.

In February, Sessions’ Justice Department asked a federal district court to dismiss the Obama Justice Department’s claim that the 2011 Texas voter ID law was passed with an intent to discriminate against minorities. But in April, Judge Nelva Gonzales Ramos concluded that intentional discrimination against minority voters constituted “at least one of the substantial or motivating factors behind passage” of Texas’ voter ID law.

Sessions’ racist agenda is already animating his attack on the most basic guarantee in a democracy — the right to vote.

Racist Immigration Policies

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy — not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting — even deporting — “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

 

read more…..   http://www.truth-out.org/news/item/40455-jeff-sessions-department-of-injustice

 

Reprinted with permission from Truthout