Jonathan Swan has reported that the President’s planned compromise to end the shutdown includes:
The offer is expected to include Trump’s $5.7 billion demand for wall money in exchange for the BRIDGE Act — which would extend protections for Deferred Action for Childhood Arrivals (DACA) — and also legislation to extend the legal status of Temporary Protected Status (TPS) holders, according to a source with direct knowledge.
CNN’s Jeremy Diamond’s sources have confirmed Swan’s reporting:
A source familiar with the 3pm speech confirms this @jonathanvswan scoop to me.
Trump is expected to propose a extending DACA & TPS protections (BRIDGE Act) in exchange for his $5.7 billion wall demand https://t.co/mQTp5EDQQe
— Jeremy Diamond (@JDiamond1) January 19, 2019
The problem at this point is that the issue of immigration has escaped the lab, mutated, and taken on a life of its own.
ICE refused an order of supervision and is not budging. No criminal history. She also sees her MD weekly and the doctor's very concerned as well. Mother and child's life both may be in danger. @ICEgov – This makes no sense and could have tragic results. 2
— (((Greg Siskind))) (@gsiskind) January 18, 2019
On Wednesday we were contacted by Ricardo Loza, the husband of Carmen Puerto Diaz. Mrs. Puerto Diaz and her husband, a US citizen, were attending a green card interview at the US Citizenship and Immigration Services office in Memphis. At the interview, Carmen was informed that she had an in absentia removal order and was being arrested by ICE. An in absentia removal order means that she was ordered deported by an Immigration Court. Carmen was not aware that she had this order. She does not have any criminal history. The removal order is based on her being in the US without documentation.
Carmen is five months pregnant and is facing a high-risk pregnancy along with hypertension. She is on special medication and sees her obstetrician every week to two weeks. Along with being told to take her medication, she has been told to avoid stress. Carmen informed ICE in Memphis through an interpreter about her complicated pregnancy and the medication she takes every 12 hours which she had in her purse. The officer asked her husband to go and get Carmen’s her medical records and then they would release Carmen. When he returned less than an hour later, he was informed she was not being released.
After that, our office was contacted. Johnna Main Bailey at our law firm was in communication with the Memphis ICE office and requested Carmen be released on an order of supervision. ICE declined and she was transported to the Mason, TN detention center more than an hour from Memphis. We also worked with a Congressman’s office to no avail. As of this writing, Carmen is on an eight-hour bus ride to ICE’s La Salle Detention Center in Jena, Louisiana.
CARMEN HAS SPOKEN TO HER HUSBAND AND WE LEARNED SHE HAS NOT BEEN ALLOWED TO HAVE HER MEDICINE SINCE BEING DETAINED. She reports feeling dizzy and unwell, worrying symptoms that are consistent with her diagnosis. ICE actually forwarded the assisting member of Congress their policy that detainees are entitled to take their medications, something that they are ignoring. Furthermore, she is under obvious extreme stress. IN SHORT, HER LIFE AND THE LIFE OF HER BABY ARE AT RISK.
We have partnered with a firm in Louisiana to help on the ground there. Woody Scott, an excellent New Orleans-based attorney, has filed a medical parole application with the Jena ICE facility asking for Carmen’s release after she arrives. He has been told that this is unlikely.
So what can you do? While we are going to pursue action in court, every minute Carmen is in the detention center, she is at risk. We need to let ICE officials at Jena, at ICE’s district headquarters in New Orleans and ICE in Washington, DC know that Carmen’s situation is unacceptable and they need to release her to get proper medical care.
Because it’s Friday night, we think efforts are best focused this weekend on the La Salle detention facility in Jena. Their phone number is (318) 992-7800.
We also think letting the ICE New Orleans Field Office know the situation is unacceptable will help. Their phone number is (504) 599-7800 and their email address is [email protected].
Feel free to let ICE national know what you think. Their Twitter account is @icegov.Thanks everyone. Greg Siskind
Here’s his latest update:
Update on Carmen – A few folks that have gotten through to ICE officials at Jena have said that due to all of the attention, they took Carmen to a physician this evening. Not confirmed, but good news if true. Hopefully the pressure will continue and she will be released soon.
— (((Greg Siskind))) (@gsiskind) January 19, 2019
Carmen's husband Ricardo was able to speak with her this morning and we learned that after 48 hours she got her medication (she takes it every 12 hours).We're working on getting her released and we believe your phone calls to ICE & letting your representatives know are helping. 1
— (((Greg Siskind))) (@gsiskind) January 19, 2019
But this isn’t the only egregious and out of control action taken by ICE this week. They’re in the process of deporting an amputee asylum seeker while his asylum case is still pending and they took away the potential asylee’s prostheses.
ICE also scarfed up and held for deportation a US citizen born in and from Michigan who is a Marine Corps veteran suffering from Post Traumatic Stress.
A Marine veteran with PTSD was held for three days for possible deportation before authorities learned that he was a U.S. citizen born in Michigan, lawyers said. https://t.co/lzfMWmyJtv
— NBC News (@NBCNews) January 18, 2019
Back to Swan’s reporting:
The backdrop: A source privy to the negotiations told me the inflection point for Senate Majority Leader Mitch McConnell was the letter from Nancy Pelosi telling Trump not to deliver the State of the Union. McConnell had been saying all along that Pelosi and Trump needed to negotiate because one needed to put a bill on the House floor and one needed to sign it — two people with singular power.
- But after Pelosi’s letter, the source said, it became clear to McConnell she was “never going to get off her position and some other spark needed to happen.”
McConnell told the president that it was his view that Pelosi was never going to move. She would and could not negotiate on border funding because of her caucus, and Trump needed to be the one to put something forward he would sign so that McConnell would have the presidential backing to bring it to the floor.
- McConnell also encouraged Trump to make the offer tantalizing to Democrats; it couldn’t be something that only Trump would sign and Republicans would support, but something that could win over some Democrats.
- The Pence-Kushner-McConnell meeting on Thursday night solidified the plan. McConnell did not try to write the bill for them; this bill is the culmination of Kushner and Pence’s conversations with some Democrats and an inventory of proposals they discussed. Democratic whip Dick Durbin is Kushner’s closest Democratic ally in the Senate after they worked together on criminal justice reform, according to White House officials.
The big picture: Advocates for the plan argue that by offering the new proposal, Trump is showing he’s willing to negotiate while Pelosi remains unmoved. But even some top Republicans are skeptical Trump’s overture will be enough to break the logjam.
The real problem here is that there is no way for Senator McConnell to guarantee that by the time the President gives his speech, let alone by the time McConnell can get it to the floor of the Senate on Tuesday, then through an even expedited cloture process and over to the House by Wednesday or Thursday, that the President will not have changed his mind again under pressure from Stephen Miller, Anne Coulter, and Rush Limbaugh. There is also no way, even Speaker Pelosi and the Democratic caucus in the House were to agree on this, to easily put the wicked djinn that the President, Stephen Miller, Anne Coulter, Rush Limbaugh, Steve Bannon, and their fellow white supremacists, xenophobic, and nativist fellow travelers have released back into the bottle. It doesn’t matter that not only has ending DACA been enjoined by the Federal courts, but that the Supreme Court has punted on it for this year, meaning that the protections that the executive order that created DACA remain in place for at least another year. It doesn’t matter that Carmen, and immigrants like her, is here legally, has a green card, and isn’t supposed to be subject to deportation. It doesn’t matter that Lance Corporal Jilmar Ramos-Gomez was born in Grand Rapids, Michigan. It doesn’t matter that Valladarez Diaz is a double amputee with close relatives residing in the US who would be at extreme risk if deported back to his native Honduras. Even if the President were a reliable interlocutor, even if he could be relied on not to flip flop on what he will and will not sign again, even if he did actually sign it, as long as he’s President and the Republicans control the Senate, ICE and C&BP are not going to stop doing what they’re doing. The worst elements in each agency have been encouraged and empowered, just as they have within American society. And that empowering has, unlike tax cuts for the wealthy, trickled down.
You’ll notice the adult chaperones of these fine, young parochial school students in the background. They were in DC for the March for Life.
No agreement with the President is going to actually bring relief to the Dreamers or to those who have fled to the US under Temporary Protected Status because no matter what legislation the President might or might not agree to sign, too many of the worst elements in ICE, C&BP, and American have now been empowered to just do whatever they like.