Obama Calls for Support from “African Americans, Latinos, and
Women”
In late April 2010, President Obama narrated an ad calling on
American voters to support Democrats in the upcoming November midterm
elections. Said Obama in the ad: “It will be up to each of you to make sure
that the young people, African Americans, Latinos and women who powered our
victory in 2008 stand together once again.”
“You’re Going to Be Harassed”: Obama Criticizes Arizona's New
Immigration Law
On April 23, 2010, Arizona's Republican governor, Jan Brewer,
signed into law a bill deputizing state police to check with federal
authorities on the immigration status of any individuals whom they had stopped
for some legitimate reason, if the behavior or circumstances of those
individuals led the officers to suspect that they might be in the United States
illegally. This Arizona measure was not a departure from existing law, but
simply sought to enforce a federal statute that was being enforced inadequately.
President Obama depicted the law as a “misguided” example of legislative
“irresponsibility” that would “undermine basic notions of fairness,” and he
ordered the Justice Department to find some way to challenge its standing.
At an April 27, 2010 Iowa town hall meeting, completely
misrepresented the new law: “You can imagine, if you are a Hispanic American in
Arizona—your great-grandparents may have been there before Arizona was even a
state. But now, suddenly, if you don’t have your papers and you took your kid
out to get ice cream, you’re going to be harassed. That’s something that could
potentially happen.”
On June 17, 2010, the Obama administration announced that it
intended to sue the state of Arizona over the law.
Obama Criticizes Arizona Immigration Law in Meeting with Mexican
President
On May 19, 2010, Obama met with Mexican President Felipe
Calderon, who blasted the controversial immigration law that had been recently
passed in Arizona. Obama, during his own welcoming remarks to Calderon, called the
Arizona law a “misdirected expression of frustration over our broken
immigration system.”
Obama Reacts to Supreme Court Ruling on the Arizona Immigration
Law
When the U.S. Supreme Court struck down parts of the Arizona law
in June 2012, Obama said: “I am pleased that the Supreme Court has struck down
key provisions of Arizona's immigration law.... At the same time, I remain
concerned about the practical impact of the remaining provision of the Arizona
law that requires local law enforcement officials to check the immigration
status of anyone they even suspect to be here illegally.... No American should
ever live under a cloud of suspicion just because of what they look like.
The DREAM Act by Executive Order: Obama Announces Plan to Stop
Deporting Illegal Immigrants Who Came to U.S. As Children
In July 2012, Obama issued an executive order to stop the
deportation of illegal immigrants who: had come to the United States before the
age of 16; had lived in the U.S. for at least five years; were either students,
high-school graduates, or military veterans in good standing; had clean
criminal records; and were still under the age of 30. The new policy was
expected to affect 2 million to 3 million illegal immigrants.
This was a fulfillment of Obama's previous assertion that he
intended to use executive order to enact as much of the so-called DREAM Act as
possible, since Congress had not passed the bill on its own. Notably, Congress
had voted three times to reject the terms that Obama now said he would deal out
all by himself.
Iowa Republican Rep. Steve King said he planned to sue the Obama
administration to halt its effort to “legislate by executive order” rather than
legislative approval. Wisconsin Republican Rep. Jim Sensenbrenner called
Obama's decision “offensive to the millions of Americans still out of work.”
“It rewards law-breaking,” Sensenbrenner said. “And it’s deeply unfair to those
who came to this country legally.”
Conservative political commentator Byron York offered this
incisive analysis: “With his announcement that he will, in effect, unilaterally
enact a key feature of long-debated immigration reform, President Obama is
doing something he has always wished to do: Get around a Congress that doesn't
see the issue his way. In a speech to La Raza last July, Obama said that on the
question of immigration reform, 'some people want me to bypass Congress and
change the laws on my own.' Obama said he found the idea 'very tempting' but
had to reject it because 'that's not how our system works.'” But now Obama had
found a way to beat that same system.
Obama Makes It Virtually Impossible to Deport Anyone Living in
the U.S. Illegally Unless They Have also Committed an Additional Crime
On December 21, 2012, Obama's Department of Homeland Security
(DHS) issued a directive “reinforcing that almost all immigration offenses were
unenforceable absent a separate criminal conviction.”
Obama Expands DREAM Act Protections to Illegal Immigrant
Relatives of "DREAMers"
On August 23, 2013, the Obama DHS issued a directive “expanding
that [summer 2012 executive order regarding the DREAM Act] amnesty to illegal
immigrant relatives of DREAM Act beneficiaries.”
“Maybe They'll Need a Moat” with “Alligators”: Obama Mocks
Republican Position on Illegal Immigration
In May 2011, President Obama went to El Paso, Texas to give what
was billed as an important speech on immigration. When he mentioned the border
fence which was under construction at that time, the crowd shouted, “Tear it
down!” When he criticized Republicans, the audience booed and shouted, “They're
racist.” At other times, the crowd joined Obama in chanting, “Yes, we can.”
At one point during his speech, Obama claimed that “the [border]
fence is now basically complete.” He then promptly mocked opponents of illegal
immigration, saying, “Maybe they'll need a moat [i.e., to keep Mexicans out of
the United States]. Maybe they'll need alligators in the moat.”
In reality, fewer than 700 miles of the more than 1,900-mile
U.S.-Mexico border had any sort of barrier, and less than 5% of the border had
the type of robust, double-fenced barrier that Congress had initially
requested. Moreover, a recent Government Accountability Office study had found
that 40% of the border was essentially open and unguarded.
Obama Justice Department Ignores Civil Rights Cases with White
Victims
On Election Day, November 4, 2008, two members of the New Black
Panther Party—a profoundly racist organization that has called for violence and
murder against white people—intimidated white voters with racial slurs and
threats of violence at a Philadelphia polling station. Those two members—Jerry
Jackson and Minister King Samir Shabazz—derided passersby as “White Devils” and
shouted: “You are about to be ruled by the black man, Cracker!” On January 7,
2009, the Justice Department under President Bush filed criminal charges
against Jackson, Minister Shabazz, and New Black Panther Party chairman Malik
Zulu Shabazz for violating the 1965 Voting Rights Act. The failure of all three
men to appear in court led to an order by U.S. District Judge Stewart Dalzell
to seek judgments or sanctions against the three Panthers.
But in May 2009, the Obama Justice Department suddenly dismissed
the case. The following month, J. Christian Adams, who had served in the Voting
Section of the Justice Department for 5 years, resigned over the “corrupt
nature of the dismissal of the case.” Wrote Adams in 2010: “The New Black
Panther case was the simplest and most obvious violation of federal law I saw
in my Justice Department career.... The assistant attorney general for civil
rights, Tom Perez, has testified repeatedly that the 'facts and law' did not
support this case. That claim is false. If the actions in Philadelphia do not
constitute voter intimidation, it is hard to imagine what would, short of an
actual outbreak of violence at the polls.... Citizens would be shocked to learn
about the open and pervasive hostility within the Justice Department to
bringing civil rights cases against nonwhite defendants on behalf of white victims.
Equal enforcement of justice is not a priority of this administration. Open
contempt is voiced for these types of cases.”
In July 2010, Adams gave damning public testimony about how
Obama officials believed that “civil rights law should not be enforced in a
race-neutral manner, and should never be enforced against blacks or other
national minorities.”
More Allegations that the Obama Justice Department Ignores Civil
Rights Cases Involving White Victims
In September 2010, Christopher Coates, Voting Section Chief for
the Justice Department, corroborated the previous testimony of J. Christian
Adams, stating that the Department had routinely ignored civil rights cases
involving white victims. Coates had delayed testifying (to the U.S. Commission
on Civil Rights) on this matter for more than a year—at the request of the
Justice Department. Now, however, he chose to go public with his story and
asked for protection under whistleblower laws.
Obama Justice Department Sues Arizona Sheriff Joe Arpaio
In September 2010, the Obama Justice Department announced that
it would sue Arizona Sheriff Joe Arpaio, known for his strong stance against
illegal immigration. The Justice Department charged that Arpaio's trademark
immigration patrols had racially profiled Latinos. Said Arpaio: “If they sue,
we'll go to court. And then we'll find out the real story. They're telling me
how to run my organization. I'd like to get this resolved, but I'm not going to
give up my authority to the federal government. It's as simple as that.”
Obama Signs Bill Paying $1.15 Billion in Discrimination
Compensation to Black Farmers
As the result of a 1999 decision on a class action suit known as
Pigford v. Glickman, the federal government paid approximately $1 billion to
15,640 black farmers who claimed that the that the U.S. Department of
Agriculture (USDA) had discriminated against them by refusing to provide them
with federally subsidized farm loans and benefits during the years 1981-96. In
2008, then-Senator Barack Obama pushed to get another $100 million appropriated
through that year's farm bill, to compensate black farmers who alleged USDA
discrimination but had missed the 1999 filing deadline under the original
Pigford case. “I am also pleased that the bill includes my proposal to help
thousands of African-American farmers get their discrimination claims reviewed
under the Pigford settlement,” said Obama.
Then, in early December 2010, President Obama signed the Claims
Settlement Act of 2010, which awarded another $1.15 billion to 94,000 black
farmers alleging USDA discrimination between 1981-96. When signing the bill,
Obama lamented the “long and unfortunate chapter in our history” that it
represented.
According to the Census Bureau, the number of black farmers in
America between 1981 and 1996 peaked at 33,000 in 1982. More than 15,000 of
those had already received settlements under Pigford I. The USDA predicted that
about 3,000 of the remaining 18,000 black farmers would now come forward to
file additional discrimination claims. Instead, the actual total was 94,000
people claiming to have been “victimized” by the USDA.
Obama USDA Awards $760 Million to Native American Farmers As
Compensation for “Discrimination”
In October 2010, the Obama USDA settled the so-called Keepseagle
case, agreeing to make $760 million available to Native American farmers and
ranchers contending that they had not received the same farm loan opportunities
as whites between 1981-99.
Obama USDA Offers Female and Hispanic farmers over $1.3 billion
in “Discrimination” Payouts
On September 24, 2012, Secretary of Agriculture Tom Vilsack
announced that Hispanic and women farmers and ranchers who believed the USDA
had discriminated against them between 1981 and 2000, could now file claims to
get a portion of at least $1.33 billion in cash awards and tax relief payments,
and up to $160 million in farm debt relief. Said Vilsack: “The opening of this
claims process is part of USDA’s ongoing efforts to correct the wrongs of the
past and ensure fair treatment to all current and future customers.” The USDA
said it would use mail, media, and community advocacy groups to ensure that
those eligible would be made aware of the claims process.
The Fraudulence of the Black, Native American, Hispanic, and
Female Farmer "Discrimination Payouts Is Confirmed
On April 25, 2013, The New York Times reported the folowing:
In the winter of 2010, after a decade of defending the
government against bias claims by Hispanic and female farmers, Justice
Department lawyers seemed to have victory within their grasp.
In the winter of 2010, after a decade of defending the
government against bias claims by Hispanic and female farmers, Justice
Department lawyers seemed to have victory within their grasp.
Ever since the Clinton administration agreed in 1999 to make $50,000
payments to thousands of black farmers, the Hispanics and women had been
clamoring in courtrooms and in Congress for the same deal. They argued, as the
African-Americans had, that biased federal loan officers had systematically
thwarted their attempts to borrow money to farm.
But a succession of courts — and finally the Supreme Court — had
rebuffed their pleas. Instead of an army of potential claimants, the government
faced just 91 plaintiffs. Those cases, the government lawyers figured, could be
dispatched at limited cost. They were wrong.
On the heels of the Supreme Court’s ruling, interviews and
records show, the Obama administration’s political appointees at the Justice
and Agriculture Departments engineered a stunning turnabout: they committed
$1.33 billion to compensate not just the 91 plaintiffs but thousands of
Hispanic and female farmers who had never claimed bias in court.
The deal, several current and former government officials said,
was fashioned in White House meetings despite the vehement objections — until
now undisclosed — of career lawyers and agency officials who had argued that
there was no credible evidence of widespread discrimination. What is more, some
protested, the template for the deal — the $50,000 payouts to black farmers —
had proved a magnet for fraud....
The compensation effort sprang from a desire to redress what the
government and a federal judge agreed was a painful legacy of bias against
African-Americans by the Agriculture Department. But an examination by The New
York Times shows that it became a runaway train, driven by racial politics,
pressure from influential members of Congress and law firms that stand to gain
more than $130 million in fees. In the past five years, it has grown to
encompass a second group of African-Americans as well as Hispanic, female and
Native American farmers. In all, more than 90,000 people have filed claims. The
total cost could top $4.4 billion.
From the start, the claims process prompted allegations of
widespread fraud and criticism that its very design encouraged people to lie:
because relatively few records remained to verify accusations, claimants were
not required to present documentary evidence that they had been unfairly
treated or had even tried to farm. Agriculture Department reviewers found reams
of suspicious claims, from nursery-school-age children and pockets of urban
dwellers, sometimes in the same handwriting with nearly identical accounts of
discrimination.
Yet those concerns were played down as the compensation effort
grew. Though the government has started requiring more evidence to support some
claims, even now people who say they were unfairly denied loans can collect up
to $50,000 with little documentation.
As a senator, Barack Obama supported expanding compensation for
black farmers, and then as president he pressed for $1.15 billion to pay those
new claims. Other groups quickly escalated their demands for similar treatment.
In a letter to the White House in September 2009, Senator Robert Menendez of
New Jersey, a leading Hispanic Democrat, threatened to mount a campaign
“outside the Beltway” if Hispanic farmers were not compensated.
The groups found a champion in the new agriculture secretary,
Tom Vilsack. New settlements would provide “a way to neutralize the argument
that the government favors black farmers over Hispanic, Native American or
women farmers,” an internal department memorandum stated in March 2010.
The payouts pitted Mr. Vilsack and other political appointees
against career lawyers and agency officials, who argued that the legal risks
did not justify the costs.
Beyond that, they said it was legally questionable to sidestep
Congress and compensate the Hispanic and female farmers out of a special
Treasury Department account, known as the Judgment Fund. The fund is restricted
to payments of court-approved judgments and settlements, as well as to
out-of-court settlements in cases where the government faces imminent
litigation that it could lose. Some officials argued that tapping the fund for
the farmers set a bad precedent, since most had arguably never contemplated
suing and might not have won if they had....
A 2010 settlement with Native Americans was contentious for its
own reasons. Justice Department lawyers argued that the $760 million agreement
far outstripped the potential cost of a defeat in court. Agriculture officials
said not that many farmers would file claims.
That prediction proved prophetic. Only $300 million in claims
were filed, leaving nearly $400 million in the control of plaintiffs’ lawyers
to be distributed among a handful of nonprofit organizations serving Native
American farmers. Two and a half years later, the groups have yet to be chosen.
It is unclear how many even exist....
[Senior Justice Department officials] said the attorney general
had broad discretion to settle litigation. “It was a priority for the
administration to resolve the long-standing discrimination cases,” a senior
official said, and give “farmers who believed they had been discriminated
against a chance to seek redress.” ...
Farmers routinely borrow money to carry themselves from
high-cost planting season to harvest time; lack of credit can lead to barren
fields. The original lawsuit, Pigford v. Glickman, filed in federal court in
Washington in August 1997, argued that the Agriculture Department’s credit
bureau, now called the Farm Service Agency, routinely denied or limited loans
to black farmers while freely distributing them to whites.
Two government reports that year found no evidence of ongoing,
systemic discrimination. The Government Accountability Office reported that 16
percent of minority farmers were denied loans, compared with 10 percent of
white farmers, but traced the difference to objective factors like bad credit.
An Agriculture Department study also found “no consistent picture of disparity”
over the previous two years.
But the study concluded that decades of discrimination before
then had cost African-American farmers significant amounts of land and income.
Black farmers gave heart-rending accounts of loan officers who withheld
promised money while crops withered, who repossessed their land and sold it to
white cronies, who advised them to milk cows for white farmers rather than sow
their own crops.
Written discrimination complaints had fallen on deaf ears at the
Agriculture Department, where the civil rights office had been disbanded during
the Reagan administration.
John W. Boyd Jr., a Virginia farmer who leads the National Black
Farmers Association, was among those who pressed President Bill Clinton to
settle the case....
Just five months after the lawsuit was filed, and without the
investigative step of discovery, the Justice Department opened settlement
negotiations....
“[I]t was more a political decision than a litigation decision,”
said one lawyer familiar with the administration’s stance. “The administration
was genuinely sympathetic to the plight of these farmers.” ...
[Presiding Federal Judge Paul L. Friedman] initially limited the
class of potential claimants to African-Americans who had farmed between 1981
and 1996 and had previously filed written discrimination complaints. But his
final order significantly expanded the class, admitting those who had only
“attempted to farm.” And it threw out the requirement for a written bias
complaint, stating that an oral complaint was sufficient if someone other than
a family member attested to it in an affidavit.
The Agriculture Department was partly to blame for the lack of
records. It routinely discarded failed loan applications after three years, and
it had badly mismanaged written discrimination complaints. Ninety percent of
the farmers had no records either, plaintiffs’ lawyers said.
The billion-dollar settlement, the judge’s opinion said, was
designed to provide “those class members with little or no documentary evidence
with a virtually automatic cash payment of $50,000.” Those with documentary
proof could seek higher awards, a tack ultimately chosen by fewer than 1
percent of applicants.
Justice Department lawyers worried about false claims. But the
lawyer familiar with the Clinton administration’s stance said they had decided
that “it was better to err on the side of giving money to people who might not
qualify if they went through litigation than to deny money to people who
actually deserve it.” ...
Accusations of unfair treatment could be checked against
department files if claimants had previously received loans. But four-fifths of
successful claimants had never done so. For them, “there was no way to refute
what they said,” said Sandy Grammer, a former program analyst from Indiana who
reviewed claims for three years. “Basically, it was a rip-off of the American
taxpayers.”
The true dimensions of the problem are impossible to gauge. The
Agriculture Department insists that the names and addresses of claimants are
protected under privacy provisions. But department data released in response to
a Freedom of Information request by The Times are telling. The data cover
15,601 African-Americans who filed successful claims and were paid before 2009.
In 16 ZIP codes in Alabama, Arkansas, Mississippi and North
Carolina, the number of successful claimants exceeded the total number of farms
operated by people of any race in 1997, the year the lawsuit was filed. Those
applicants received nearly $100 million.
In Maple Hill, a struggling town in southeastern North Carolina,
the number of people paid was nearly four times the total number of farms. More
than one in nine African-American adults there received checks. In Little Rock,
Ark., a confidential list of payments shows, 10 members of one extended family
collected a total of $500,000, and dozens of other successful claimants shared
addresses, phone numbers or close family connections.
Thirty percent of all payments, totaling $290 million, went to
predominantly urban counties — a phenomenon that supporters of the settlement
say reflects black farmers’ migration during the 15 years covered by the
lawsuit. Only 11 percent, or $107 million, went to what the Agriculture
Department classifies as “completely rural” counties....
The claim period ended in late 1999, although the adjudication
process dragged on for a dozen years. But the gusher of claims had only begun.
“Once those checks started hitting the mailboxes, people
couldn’t believe it,” said Mr. Wright, the Pine Bluff justice of the peace.
“Then it dawned on them. ‘If Joe Blow got a check, I can get one.’” ...
Some 66,000 claims poured in after the 1999 deadline. Noting
that the government had given “extensive” notice, Judge Friedman ruled the door
closed to late filers. “That is simply how class actions work,” he wrote.
But it was not how politics worked. The next nine years brought
a concerted effort to allow the late filers to seek awards. Career Agriculture
Department officials warned that they might be even more problematic than
initial claimants: in one ZIP code in Columbus, Ohio, nearly everyone in two
adjoining apartment buildings had filed, according to the former high-ranking
agency official.
President George W. Bush was unreceptive to farmers’ repeated
protests. But Congress was not: legislators from both parties, including Mr.
Obama as a senator in 2007, sponsored bills to grant the late filers relief.
Mr. Boyd said Mr. Obama’s support led him to throw the backing
of his 109,000-member black farmers’ association behind the Obama presidential
primary campaign. Hilary Shelton, the N.A.A.C.P.’s chief lobbyist, said Mr.
Obama’s stance helped establish him as a defender of the concerns of rural
African-American communities.
Public criticism came primarily from conservative news outlets
like Breitbart.com and from Congressional conservatives like Representative
Steve King, Republican of Iowa, who described the program as rife with fraud.
Few Republicans or Democrats supported him. Asked why, Mr. King said, “Never
underestimate the fear of being called a racist.”
Congress finally inserted a provision in the 2008 farm bill
allowing late filers to bring new lawsuits, with their claims to be decided by
the same standard of evidence as before. The bill also declared a sense of
Congress that minority farmers’ bias claims and lawsuits should be quickly and
justly resolved.
Congress overrode a veto by Mr. Bush, who objected to other
provisions in the bill. But as Mr. Bush left Washington, Congress had
appropriated only $100 million for compensation, hardly enough to pay for
processing claims.
Within months of taking office, President Obama promised to seek
an additional $1.15 billion. In November 2010, Congress approved the funds. To
protect against fraud, legislators ordered the Government Accountability Office
and the Agriculture Department’s inspector general to audit the payment
process.
But simultaneously, the Agriculture Department abandoned the
costly and burdensome review process it had applied to earlier claims. As a
result, according to internal government memos, the percentage of successful
claims is expected to exceed that in the original 1999 settlement. More than
40,000 claims have been filed and are under review.
In November, the G.A.O. concluded that antifraud provisions
provided “reasonable assurance” of weeding out false claims, saying more than
3,100 suspicious applications had been identified. But as before, it noted,
late filers need not document claims, leaving adjudicators to rely on
assertions that they have “no way of independently verifying.” ...
The Bush Justice Department had rebuffed all efforts to settle
the parallel discrimination suits brought by Native American, Hispanic and
female farmers. But now, the Obama administration’s efforts to compensate
African-American farmers intensified pressure from members of Congress and
lobbyists to settle those cases as well.
Within the administration, Secretary Vilsack, a former Iowa
governor who had briefly run for president, found an ally in Mr. West, who had
been named an assistant attorney general after serving as a major Obama
fund-raiser....
The Native-American case was clearly problematic for the
government. The federal judge overseeing the case, Emmet G. Sullivan, had
already certified the plaintiffs as a class, although only to seek changes in
government practices and policies. He postponed a decision on whether they
could seek monetary damages as a class.
But Justice Department litigators were far from unarmed. If they
lost on damages, case law suggested that the decision might be reversed.
Depositions had revealed many of the individual farmers’ complaints to be
shaky. And federal judges had already scornfully rejected the methodology of
the plaintiffs’ expert, a former Agriculture Department official named Patrick
O’Brien, in the women’s case.
Mr. O’Brien contended that white farmers were two to three times
as likely as Native Americans to receive federal farm loans in the 1980s and
1990s than were other farmers. But the government’s expert, Gordon C. Rausser,
a professor of economics and statistics at the University of California,
Berkeley, had produced a 340-page report stating that Mr. O’Brien’s conclusions
were based “in a counter-factual world” and that Native Americans had generally
fared as well as white male farmers.
Professor Rausser was astounded when, with both sides gearing up
for trial in late 2009, the government began settlement negotiations. “If they
had gone to trial, the government would have prevailed,” he said.
“It was just a joke,” he added. “I was so disgusted. It was
simply buying the support of the Native-Americans.”
Agriculture officials predicted that only 5,300 Native Americans
were likely to file claims. The plaintiffs’ lawyers, whose fees were to be
based on a percentage of the settlement, estimated up to 19,000 claims.
Only 4,400 people filed claims, with 3,600 winning compensation
at a cost of roughly $300 million. That left $460 million unspent — of which
roughly $400 million under the terms of the settlement must be given to
nonprofit groups that aid Native American farmers....
The remaining $60.8 million will go to the plaintiffs’ lawyers,
led by the Washington firm Cohen, Milstein, Sellers & Toll....
On Feb. 19, 2010, Alan Wiseman, a lawyer for the Hispanic
farmers, strode into Federal District Court in Washington unusually upbeat.
“Sometimes,” he told Judge James Robertson, “it takes divine intervention” to
move the government.
Over the past decade, his case had not gone well. Nor had the
parallel lawsuit brought by female farmers.
Judge Robertson had refused to certify either group as a class.
The United States Court of Appeals had upheld him, stating in 2006 that the
Hispanic plaintiffs had been denied loans “for a variety of reasons, including
inadequate farm plans and lack of funds.” Nor had female farmers proved a
pattern of bias, the court found.
The Justice Department’s lawyers had definitively ruled out any
group-style settlement. “Some of these folks have never made a loan payment in
their entire history with U.S.D.A.,” Lisa A. Olson, the lead government
litigator against the 81 Hispanic plaintiffs, told Judge Robertson in August
2009. “There may even be folks who are under criminal investigation.”
Michael Sitcov, assistant director of the Justice Department’s
federal program branch, told the judge that senior department officials agreed
with career litigators that the cases should be fought one by one.
But members of the Congressional Hispanic caucus and a group of
eight Democratic senators, led by Mr. [Bob] Menendez, were lobbying the White
House to move in the opposite direction. They grew increasingly agitated as the
plaintiffs’ cases appeared to falter.
In a letter to Mr. Obama in June 2009, the senators noted that
black farmers stood to receive $2.25 billion in compensation, but that Hispanic
farmers, who alleged the same kind of discrimination, had gotten nothing.
Should that continue, Mr. Menendez wrote that September, “Hispanic farmers and
ranchers, and their supporters, will be reaching out to community and industry
leaders outside of the Beltway in order to bring wider attention to this
problem.”
The issue came to a head after the Supreme Court refused to
reopen the issue of class certification. The next month, on Feb. 11, 2010,
Daniel J. Meltzer, principal deputy White House counsel, held the first of
three meetings at which resolution of the case was discussed, records and
interviews show. Among the attendees were senior Justice and Agriculture
Department officials, including Mr. West, Associate Attorney General Thomas J.
Perrelli, and Krysta Harden, then the assistant agriculture secretary for
Congressional relations. Settlement negotiations began the next week....
Attorneys for the 81 Hispanic farmers also raised the vague specter of tens of
thousands of plaintiffs....
In agreeing to the payout, the government did, for the first
time, impose a greater evidentiary burden. While one major category of
claimants — those who said their loan applications had been unfairly denied —
remained eligible for payments of up to $50,000 without any documentation,
others were required to produce written evidence that they had complained of
bias at the time. The Hispanic plaintiffs were indignant.
Adam P. Feinberg, who represents some of them, said: “Once the
government puts a program in place for one racial group, even if it decides it
is too generous, it cannot adopt a different set of restrictions for another
racial group. It’s outrageous.”
The claims process opened in late September, six weeks before
the election. In the weeks before the March 25 deadline, facing far fewer
claimants than expected, the Agriculture Department instructed processors to
call about 16,000 people to remind them that time was running out, despite
internal disquiet that the government was almost recruiting claims against
itself. The deadline was then extended to May 1.
So far, about 1,900 Hispanics and 24,000 women have sought
compensation, many in states where middlemen have built a cottage industry,
promising to help win payouts for a fee.
Obama Justice Department Alleges Racism in Police Departments
On May 31, 2011, Salon.com reported that “President Obama's
Justice Department is aggressively investigating several big urban police
departments for systematic civil rights abuses such as harassment of racial
minorities, false arrests, and excessive use of force....”
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