We take it for granted that President Trump says demonstrably false things on any number of topics. That is itself alarming.
But gross factual mischaracterizations have started to trickle down to the lawyers who serve at the president’s pleasure: At oral argument in the Supreme Court, for example, the solicitor general declared that the president had made it crystal clear that he would never follow through on his campaign promise to ban Muslims. In fact, the president never said any such thing.
.. In the case, Ms. L v. Immigration and Customs Enforcement, the president has made the up-is-down claim that a Democratic law — the Trafficking Victims Protection Reauthorization Act, in conjunction with the Homeland Security Act and statutes criminalizing illegal entry — requires him to separate families to protect the children.
.. The administration’s legal mumbo-jumbo attempts to use laws that are meant to protect vulnerable children as a screen to terrorize them and to deter immigrants from coming to the United States border.
.. The laws that Mr. Trump’s Justice Department cites — which apply to unaccompanied children, not children with parents — require no such thing.
.. Instead, the Homeland Security law, a statute governing the Office of Refugee Resettlement, gives custody of unaccompanied minors to that department, and very clearly not to the Department of Homeland Security, to address the challenges that children without parents face in the immigration system.
.. The statute that addresses child trafficking — part of the Trafficking Victims law — is designed to reduce the risk that children who are alone will fall victim to human trafficking. The administration is arguing that the laws do the opposite — that they make children more vulnerable to human trafficking and place children at greater risk in the immigration system — and so require the D.H.S. to separate families that would otherwise be together.
.. This is a specious use of law: It inverts the laws governing child immigration and uses them to exacerbate the very evil the law was designed to address.
.. Mr. Trump’s Justice Department is thus lying about what the tax bill did, and about Congress’s intent in passing it. And the department, like the president himself, is doing so as part of a transparent effort to rid the country of a law that Mr. Trump and his Republican caucus do not like but could not repeal through normal channels.
.. Lawyers, including at the Department of Justice, sometimes make aggressive arguments. But there is a difference between aggressive and preposterous, and between truths and untruths. The rule of law depends on these distinctions — to hold governments officials to the law, we need to be able to acknowledge what the law says.
.. The administration is simultaneously insisting that it must enforce a law that does not exist, but is refusing to defend a law that actually does exist, and jeopardizing the law in the process.
.. More likely, the administration will not persuade the current Supreme Court with these arguments. But it may be playing a long game that shifts expectations about legal arguments, and what falls within the bounds of reasonable — to make the law seem as manipulable, and therefore as easy to write off, as the facts.
This is a test for the courts. The executive and legislative branches have in too many ways capitulated to the president’s post-factual world. Will the legal system allow a post-legal one as well?
Franco was an unauthorized immigrant who had been working in this country for over a decade. His wife, Anne, is from a Pennsylvania Dutch family that has been in this country for generations. They were married in 2013 and have three American children, Max, Javier and Valentina.
In the spring of 2017, Franco got in a minor traffic accident near his Pennsylvania home. A few weeks later as he was leaving for work, agents from Immigration and Customs Enforcement swarmed him, took him away and deported him to Guatemala.
.. This is an example of ICE going after a perfectly productive member of society. I got the anecdote from a series of reports that Deborah Sontag and Dale Russakoff did for ProPublica and The Philadelphia Inquirer. They found that 64 percent of the immigrants arrested by ICE in the agency’s Philadelphia region had no prior criminal conviction.
.. There are 11 million unauthorized immigrants in this country. Every past administration has used some discretion in targeting whom to deport. They targeted those who were destroying society, not building it. They tried to take account of particular contexts, and they tried to show some sense of basic humanity.
.. today, discretion and humanity are being stamped out. The Trump administration has embraced a “zero tolerance” policy. In practice that means that all complexity has to be reduced to uniformity. Compassion is replaced by a blind obedience to regulations. Context is irrelevant. Arrests are indiscriminate. All that matters is that the arrest numbers go up, so human beings in the system are reduced to numbers.
.. The Trump administration immigration officials have become exactly the kind of monsters that conservatism has always warned against.
For centuries, conservatives have repeated a specific critique against state power. Statism, conservatives have argued, has a tendency to become brutalist and inhumane because a bureaucracy can’t see or account for the complexity of reality.
.. Statist social engineering projects cause horrific suffering because in the mind of statists, the abstract rule is more important than the human being in front of them. The person must be crushed for the sake of the abstraction... People like Stephen Miller are not steeped in conservative thinking and do not operate with a conservative disposition. They were formed by their rebellion against the stifling conformity they found at liberal universities. Their primary orientation is not to conservative governance but to owning the libs. In power they take the worst excesses of statism and flip them for anti-liberal ends.. Here’s how you can detect the anti-liberal trolls in the immigration debate: Watch how they use the word “amnesty.”.. Any serious reform has to grapple with tangled realities, and any real conservative has an appreciation for that complexity. But if you try to account for that complexity before an anti-immigration troll, he or she will shout one word: Amnesty!.. This is what George Orwell noticed about the authoritarian brutalists: They don’t use words to illuminate the complexity of reality; they use words to eradicate the complexity of reality... Look at how the Republican candidates for the G.O.P. Senate nomination in Arizona answered questions about a provision to keep families together at the border. They responded with inhumane abstractions: “I try not to get swayed by what the emotions are or the pressure.. “Compromising on the rule of law to grant amnesty to millions of illegal immigrants is the wrong path to take,”.. “Amnesty” has become a club the trolls use in their attempt to stamp a rigid steel boot on the neck of the immigration debate. It’s the sign of a party slowly losing its humanity.