Newspaper column: DACA rhetoric just muddies the waters

Pro-DACA gathering in Las Vegas earlier this month. (R-J pix)

The vitriol being spewed over President Trump’s suspension of Obama’s executive fiat to defer deportation of illegal immigrants brought to the United States as children is nothing more than pretentious and pointless political patronizing.

Nevada’s Democratic delegation to Washington was unmatched in its heated hyperbole.

Sen. Catherine Cortez Masto called Trump a racist and a xenophobe, firing off a missive declaring the “decision to end DACA protections for DREAMers is not guided by sound policy, but by xenophobia and myths. DREAMers who benefit from DACA know no other country other than the U.S. Denying them DACA protection unjustly rips away their future, exposes them to job loss, and threatens them with deportation from the only country they have ever known.”

For the acronym deprived, DACA stands for Deferred Action for Childhood Arrivals, the name given by Obama to an executive order to defer deportations of illegal immigrants brought to the U.S. as children. DREAMers is a derivation of the Development, Relief, and Education for Alien Minors Act, which has been pending in various forms in Congress since August of 2001 without passage.

When Congress failed to act, Obama took it on his own in June 2012 to do what Congress had not.

Even though Trump gave Congress six months to remedy his rescinding of DACA and pass the DREAM Act, Rep. Jacky Rosen declared it was wrong to invite “these young people to come out of the shadows, raise their hands, and make themselves known, the United States made a promise to those who came here as children. President Trump is now reneging on that promise …”

Rep. Ruben Kihuen, making the obligatory observation that he was once an undocumented immigrant brought here by his parents, said in an email that the decision tramples this country’s values and shatters the hopes and dreams of the 800,000 who have signed up for DACA. He called the decision “heartless and cruel.”

Rep. Dina Titus said, “Ending DACA appeals to xenophobic beliefs and goes against the founding principles of our nation” — ignoring the fact it was Obama who made a promise he had no power to make.

In a statement announcing the DACA decision, Attorney General Jeff Sessions said, “This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.

“In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.”

In contrast to Nevada’s Democratic delegates, its Republicans reacted by saying it is now time for Congress to do its job.

Sen. Dean Heller issued a statement to the Reno newspaper saying, “While I remain concerned about the way in which DACA came to life, I’ve made clear that I support the program because hard working individuals who came to this country through no fault of their own as children should not be immediately shown the door.”

Heller noted that he is a cosponsor of the Bridge Act, which provides legal status for so-called DREAMers while Congress works toward a permanent solution to immigration problems.

“Just as I have in the past, I’ll continue to work with my colleagues to reform our broken immigration system and that must start with securing our borders …” Heller’s statement continued.

Rep. Mark Amodei put out a statement noting that he is a sponsor of a bill called Recognizing America’s Children Act, which would provide a way for childhood immigrants to earn legal residency.

“Since I’ve been here, I’ve called on congressional leadership to act on immigration reform. I would always rather be criticized for attempting to move this issue toward a solution, than criticized for repeated inaction,” Amodei said in a statement. “Now, Congress has six months to do the job it’s supposed to do according to the Constitution. If we’re unable to do that job, then 800,000 immigrants will be affected.”

Amodei further noted that Congress has not passed any substantive immigration reform since Ronald Reagan was president, three decades ago, adding that if any blame is to be attached to this it is rightfully Congress’.

The Democrats’ rancorous rhetoric does nothing to move toward a compromise and might well jeopardize that goal, especially if they categorically reject border security as a part of the package.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

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Newspaper column: Learn from the mistakes of the past, not erase them

Wheeler Peak (right) and Jeff Davis Peak (left)

This paroxysm of efforts to eradicate all monuments and place names that memorialize historic leaders of the Confederacy serves as merely a distraction from real problems, wasting time and money that could be devoted to worthy endeavors.

The latest target of this futile campaign appears to be the name of Jeff Davis Peak in Great Basin National Park.

According to the park’s website, the monicker was first attached to what is now Wheeler Peak, the tallest point in the park and the second tallest in Nevada. It was given that name by Lt. Col. Edward Steptoe of U.S. Army Corps of Topographical Engineers in 1855 while Jefferson Davis served as secretary of the War Department, a half dozen years before the Civil War began.

After the Civil War, during which Davis served as president of the Confederacy, an Army mapping expedition headed by Lt. George Montague Wheeler, named the peak for Wheeler and the Jeff Davis tag was shifted to a shorter nearby peak.

In May the Reno newspaper reported that, even though statues of Confederate leaders were being torn down in New Orleans, there was no clamor to erase the Davis name from the 12,771-foot peak. The penultimate paragraph of the account stated, “By today’s standards Jeff Davis is an unlikely choice that appears out of step with contemporary naming practices. But modern standards don’t undo prior names which means, for the foreseeable future, the name of a Confederate president will maintain a place of honor in Nevada.”

Actually, such a mountain top name change took place a couple of years ago. After bearing the name of President William McKinley for 98 years, the tallest peak in North America in Alaska was renamed to its original native American name Denali, which means “the great one” in Athabascan. The White House said the name change “recognizes the sacred status of Denali to generations of Alaska Natives.”

Earlier this month, the Las Vegas newspaper reported that there are now a couple of bids to remove the Davis name. It said two applications have been filed with the state and national naming boards to eradicate the Davis name and replace it with some other name.

The paper reported that one application called for renaming the peak for Las Vegas civil rights leader James McMillan or one of the Shoshone names for the peak. Another called for naming the peak for Robert Smalls, an escaped slave who fought for the Union.

This month’s meeting agenda for the Nevada State Board on Geographic Names lists an action item in which a peak in White Pine County could be named Smalls Peak. There is no mention as to what it is currently called, if anything.

According to Dennis Cassinelli in a recent newspaper column, political correctness has been whitewashing Nevada geographical names for years. Colorful names like Chicken Shit Springs and Squaw Tit Butte have disappeared from maps simply at the whim of squeamish government mapmakers.

Now squeamishness is being extended to those who fought for the Confederacy.

Yes, Davis was a slave owner who sought to continue what was euphemistically called “our peculiar institution” in the South.

But in the waning years of his life Davis was an advocate for reunifying the nation, saying in a speech in 1888: “I feel no regret that I stand before you this afternoon a man without a country, for my ambition lies buried in the grave of the Confederacy. There has been consigned not only my ambition, but the dogmas upon which that Government was based. The faces I see before me are those of young men; had I not known this I would not have appeared before you. Men in whose hands the destinies of the South land lie, for love of her I break my silence, to let it bury its dead, its hopes and aspirations; before you lies the future — a future full of golden promise; a future of expanding national glory, before which all of the world shall stand amazed. Let me beseech you to lay aside all rancor, all bitter sectional feeling, and to make your places in the ranks of those who will bring about a consummation devoutly to be wished — a reunited country.”

What’s in a name? History is not changed, just forgotten, perhaps along with the lessons that should’ve been learned? We could use more unifying and less dividing.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Another effort being made to remove certain names

Jeff Davis Peak (National Park Service pix via Reno newspaper)

How many even knew there was a Jeff Davis Peak in Great Basin National Park? Let’s see a show of hands. That’s what I thought.

According to the park’s website, the monicker was first attached to what is now Wheeler Peak, the tallest point in the park and the second tallest in Nevada. It was given that name by Lt. Col. Edward Steptoe of U.S. Army Corps of Topographical Engineers in 1855 while Jefferson Davis served as secretary of the War Department.

After the Civil War, in which Davis served as president of the Confederacy, an Army mapping expedition headed by Lt. George Montague Wheeler, named the peak for Wheeler and the Jeff Davis tag was shifted to shorter nearby peak.

In May the Reno newspaper reported that, even though statues of Confederate leaders were being torn down in New Orleans, there was no clamor to erase the Davis name from the 12,771-foot peak. The penultimate paragraph of the account stated, “By today’s standards Jeff Davis is an unlikely choice that appears out of step with contemporary naming practices. But modern standards don’t undo prior names which means, for the foreseeable future, the name of a Confederate president will maintain a place of honor in Nevada.”

Actually, such a mountain top name change took place a couple of years ago. After bearing the name of President William McKinley for 98 years, the tallest peak in North America in Alaska was renamed to it original native name Denali.

Today, the Las Vegas newspaper reports on the front page in a story that first appeared online four days ago that there are now a couple of bids to remove the Davis name. The newspaper said two applications have been filed with the state and national naming boards to eradicate the Davis name and replace it with some other name, perhaps one of its Indian names.

The paper reports that one name change application calls for renaming the peak for Las Vegas civil rights leader James McMillan. Another calls for naming the peak for Robert Smalls, an escaped slave who fought for the Union.

Apparently the Utes dubbed Wheeler Peak as Pe-up and Shoshones called it Too-bur-rit. Unclear what if anything Jeff Davis Peak was called.

The September meeting agenda for the Nevada State Board on Geographic Names lists an action item in which a peak in White Pine County would be named Smalls Peak. There is no mention as whether what it is currently called, if anything.

According to Dennis Cassinelli in a piece in the Elko Daily Free Press, political correctness has been whitewashing Nevada geographical names for years. Colorful names like Chicken Shit Springs and Squaw Tit Butte have disappeared from maps simply at the whim of squeamish government mapmakers.

What’s in a name? A peak by any other name is just as tall. History has not changed. Just forgotten, along with the lessons that should’ve been learned?

 

 

 

 

 

Newspaper column: Bill proposes to turn Nevada into a ‘sanctuary state’

Return with us now to those thrilling days under the Articles of Confederation when every state made up its own rules regarding immigration and naturalization of foreigners, back before the Constitution gave Congress the sole authority to establish such rules.

In arguing for enactment of the Constitution in Federalist Paper No. 42, James Madison wrote, “The new Constitution has accordingly, with great propriety, made provision against them, and all others proceeding from the defect of the Confederation on this head, by authorizing the general government to establish a uniform rule of naturalization throughout the United States.”

Now along comes Democratic state Sen. Yvanna Cancela of Las Vegas, along with a host of fellow scofflaw Democrats, with a bill in Carson City that would turn Nevada into a “sanctuary state” by forbidding law enforcement cooperating with federal immigration authorities in identifying persons in their custody who are in this country illegally.

Senate Bill 223 states: “No state or local law enforcement agency, school police unit or campus police department shall: (a) Use money, facilities, property, equipment or personnel of the agency, unit or department to investigate, interrogate, detain, detect or arrest a person for the purposes of immigration enforcement …”

Cancela was quoted by the Reno newspaper as saying the bill “limits the ability to participate in immigration enforcement as far as what’s under federal purview.”

She went on to say, “The uncertainty that (President) Trump has created because of his executive orders, because of his political – frankly – hate speech around them has created a lot of problems not only for local law enforcement, but individuals. I think it’s our responsibility as legislators to provide as much clarity not only to law enforcement but families who are affected by those policies.”

Currently, under a program called 287(g), cooperating police departments that take a suspected illegal immigrant into custody notify U.S. Immigration Customs and Enforcement agents and they have 48 hours to pick up that person. In the past, ICE has been notoriously lax in showing up within those 48 hours, but, according to numerous press accounts, this is no longer the case under the new Trump presidential administration.

Under SB223 this would come to a screeching halt, despite the fact all lawmakers are required to take an oath of office swearing to “support, protect and defend the Constitution and Government of the United States … that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding …”

In reaction to the bill, Senate Republican Minority Leader Michael Roberson released a statement to the press, saying, “This ‘Sanctuary State’ bill is, without question, the most recklessly irresponsible piece of legislation that I have witnessed during my six plus years in the Nevada Legislature. This Democrat bill will undoubtedly result in violent criminals, who have no business being in our state, to be released back into our communities to wreak more havoc on Nevadans.”

One of the arguments made by sanctuary proponents is that illegal immigrants are loath to report crimes for fear they will risk deportation and this increases criminal activity. But state and local law enforcement currently does not ask those who report crimes about their immigration status, only those who are in custody, those most likely to continue criminal activity if ICE is not given the opportunity to deport them because they pose a danger to the entire community — illegal immigrants included.

To add potential impact on state taxpayers to real danger of criminal activity, it should be noted that President Trump has threatened to withhold federal funds from sanctuary cities, and presumably sanctuary states.

He signed an executive order directing government officials to identify federal money that can be withheld to punish sanctuary cities.

So what could this mean for the “sanctuary state” of Nevada should SB223 pass in a Democrat majority Legislature?

The state’s total budget for the past two years was $26 billion. Fully $9 billion of that came from federal funds, according to the state budget.

Passing SB223 could have serious consequences to the bottom line of the state of Nevada, but that has never stopped the self-righteous Democrats, has it?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Trump appointees may hold key to Nevada’s economic future

Trump interviewed by Field & Stream

Trump interviewed by Field & Stream

What does a Donald Trump presidency forebode for Nevada?

It is hard to say, because Trump has never kept a firm grip on any political position for more than a few hours, seemingly changing stances depending on with whom he has spoken most recently.

On the topic of who should control the public lands in Nevada — where currently 87 percent of the state’s land mass is controlled by the various federal land agencies — President-elect Trump has straddled the fence so much he must have saddle sores.

In January during an interview with Field & Stream magazine in Las Vegas, candidate Trump was asked about the prospect of the federal government transferring some of those lands to the states if he were to be elected president.

Trump unequivocally replied, “I don’t like the idea because I want to keep the lands great, and you don’t know what the state is going to do. I mean, are they going to sell if they get into a little bit of trouble?

And I don’t think it’s something that should be sold. We have to be great stewards of this land. This is magnificent land. And we have to be great stewards of this land.”

Merely a week later in an op-ed piece printed in the Reno Gazette-Journal Trump did a 180-degree turn: “The BLM controls over 85 percent of the land in Nevada. In the rural areas, those who for decades have had access to public lands for ranching, mining, logging and energy development are forced to deal with arbitrary and capricious rules that are influenced by special interests that profit from the D.C. rule-making and who fill the campaign coffers of Washington politicians. Far removed from the beautiful wide open spaces of Nevada, bureaucrats bend to the influence that is closest to them. Honest, hardworking citizens who seek freedom and economic independence must beg for deference from a federal government that is more intent on power and control than it is in serving the citizens of the nation.”

He went on to bemoan the fact local governments have to beg the Washington bureaucracy for land for schools, roads, parks and other public uses and pay a premium price for it. During the Republican convention this past summer the party platform included a call for the federal government to divest itself of a certain portion of public lands.

“Congress shall immediately pass universal legislation providing for a timely and orderly mechanism requiring the federal government to convey certain federally controlled public lands to states …” the platform reads. “The residents of state and local communities know best how to protect the land where they work and live.”

But at the same time an aide to Trump told the Huffington Post that Trump did not oppose the platform plank, but did not really embrace it, saying, Trump “lives in Manhattan and he views the West as this giant federal wonderful ownership property.” The aide said Trump would prefer a middle ground, such as a federal-state management partnership.

In August, according to High Country News, Elko County Commissioner and Nevada Land Management Task Force Chairman Demar Dahl met privately with Trump at a fundraiser at Lake Tahoe and broached the subject of public lands being transferred to the states.

“He said, ‘I’m with you,’” recalls Dahl, an avowed advocate of granting Nevada greater control over public land. He spoke recently before a House subcommittee in favor of a bill that would do so.

Given Trump’s apparent fluidity on this matter, one might be advised to look to who Trump appoints to various cabinet posts in the coming weeks for hints for how Nevada and the West may fare. One good sign for Nevadans who would like to see federal land put to productive use is that Trump reportedly is seriously considering two oil company executives to be secretaries of Interior and/or Energy.

He also has the self-styled environmentalists in a tither over the possibility that he might appoint a so-called climate denier to head the Environmental Protection Agency, which has been pressing forward with its jobs strangling Clean Power Plan to restrict air emissions and its Waters of the U.S. proposal that would usurp control of every mud puddle west of the Rockies. The views of Trump’s appointees may be more important than the rhetoric out of the future president.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

 

Harry bounces off the walls in newspaper interview

Gov. Brian Sandoval should sue for slander.

During an editorial board meeting with the Reno Gazette-Journal, Harry Reid was bouncing off the walls like a rhetorical cue ball — calling Joe Heck the most fraudulent person he has seen in 50 years in politics, accusing the mother of a Benghazi victim of being crazy and praising Sandoval.

Harry Reid (RGJ photo)

“I wish we had more Republicans like Brian Sandoval, who you haven’t seen rushing to endorse this Republican nominee Donald Trump,” the paper quoted Reid as saying. “But Joe Heck, whoa, man, he loves this guy. He campaigns with him and thinks he’s the best. So, I like Brian Sandoval a lot. We need more Republicans like him.”

Sandoval should sue. For Harry Reid to praise anyone with an R after his name is defamation and libel per se.

The paper got a reaction from Heck but failed to give Sandoval a chance for a rejoinder.

“We all know Harry hasn’t been firing on all cylinders over the past couple years and this is just another example of how out of touch he is with Nevadans,” Heck said in a statement to the paper. “His retirement cannot come soon enough so that Nevada can have someone who truly represents them in this seat.”

The best laugh line of the meeting was: “I don’t accept anybody that criticizes me for being partisan, because I’m not. Only when I have to be, which is a lot lately.”

Editorial: Court should slap down public pension records trickery

There is contempt of court. There is contempt of Congress. But there should also be contempt of public.

This past week Nevada Policy Research Institute’s (NPRI) legal arm, Center for Justice and Constitutional Litigation (CJCL), filed suit in district court in Carson City seeking to force the state Public Employee Retirement System (PERS) to release information about the taxpayer-funded pensions of retired public employees.

After the Reno Gazette-Journal newspaper sued under the public records law in 2013 and won in the Nevada Supreme Court, this information was disclosed for 2013 and 2014 and posted on NPRI’s TransparentNevada.com website — names, former employer, years of employment, retirement year and pension amounts.

According to transparentnevada.com, in 2014 there were more than 1,000 Nevada state and local retirees receiving annual pensions in excess of $100,000. American Enterprise Institute found Nevada full-career PERS retirees fetch the most generous retirement checks of any state in the union — $64,000 a year on average or more than $1.3 million in lifetime benefits. That doesn’t include police and firefighters, who can retire earlier and generally have higher salaries.

But when NPRI filed a public records request for the same information this year for 2015, PERS had changed how it compiles the data. It replaced the names with Social Security numbers, making the data useless.

”By replacing names with ‘non-disclosable’ Social Security numbers in its actuarial record-keeping documents, PERS has attempted to circumvent the 2013 ruling of the Nevada Supreme Court requiring disclosure,” explained Joseph Becker, the director of CJCL.

After two years of disclosing the pension records, the bureaucrats at PERS apparently decided to nit pick a portion of that 2013 Supreme Court ruling that said, while public records must be disclosed, the agency has “no duty to create a new document by searching for and compiling information from existing records.” In order to circumvent the law, PERS altered its records.

But as Becker points out in his suit, there is a 2015 case out of the Nevada Supreme Court in which the court held that “when an agency has a computer program that can readily compile the requested information, the agency is not excused from its duty to produce and disclose that information.” LVMPD v. Blackjack

In an NPRI press release about the litigation, Becker is quoted as saying, “Not only has PERS attempted to re-engineer its record-keeping in a way that obscures from public view its critical financial instability — for which the taxpayers of Nevada are ultimately on the hook. PERS is also violating both the letter and spirit of the Nevada Public Records Act …”

The manipulation of the records by PERS is a clear act of contempt for the public, as well as the law and the courts.

The purpose of the public records law (NRS 239) is made abundantly clear by its opening paragraph: “The Legislature hereby finds and declares that:

“1. The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law;

“2. The provisions of this chapter must be construed liberally to carry out this important purpose;

“3. Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly …”

We urge the court to make short work of this naked effrontery.

A version of this editorial appears this past week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

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