7 States Suing Over DACA, Know the Details

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There are countless lawsuits already and here comes another. Several DACA cases have been ruled against by liberal judges. Now Texas has joined other states.

 

TX v USA Re DACA Complaint 050118 by Kaitlyn on Scribd

Perhaps those judges have not read all the real details of DACA.

Renewal deadline approaching for DACA applicants photo

DACA is a request for consideration, it is NOT an automatic approval and it is temporary. See the stipulations here.

DACA banner with forms

Guidelines

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

***

The Obama administration chose to deploy DACA by Executive Branch memorandum—despite the fact that Congress affirmatively rejected such a program in the normal legislative process on multiple occasions. The constitutionality of this action has been widely questioned since its inception.

DACA’s criteria were overly broad, and not intended to apply only to children. Under the categorical criteria established in the June 15, 2012 memorandum, individuals could apply for deferred action if they had come to the U.S. before their 16th birthday; were under age 31; had continuously resided in the United States since June 15, 2007; and were in school, graduated or had obtained a certificate of completion from high school, obtained a General Educational Development (GED) certificate, or were an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. Significantly, individuals were ineligible if they had been convicted of a felony or a significant misdemeanor, but were considered eligible even if they had been convicted of up to two other misdemeanors.

The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.”

Based on this analysis, the President was faced with a stark choice: do nothing and allow for the probability that the entire DACA program could be immediately enjoined by a court in a disruptive manner, or instead phase out the program in an orderly fashion. Today, Acting Secretary of Homeland Security Duke issued a memorandum (1) rescinding the June 2012 memo that established DACA, and (2) setting forward a plan for phasing out DACA. The result of this phased approach is that the Department of Homeland Security will provide a limited window in which it will adjudicate certain requests for DACA and associated applications for Employment Authorization Documents meeting parameters specified below.

  • Please see the USCIS website for the latest information about DACA.

 

FBI: C’mon Director Wray Explain This

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  1. Findings of Misconduct by an FBI Special Agent for Contacting Witnesses for an Improper
    Purpose, Divulging Law Enforcement Sensitive Information to Unauthorized Individuals,
    Providing Misleading Testimony, Providing False Information to the OIG, Mishandling
    Classified Information, and Misusing Government Devices and his Position, all sounds like a common condition within the FBI, right?
  2. A former Minneapolis FBI agent who sought to expose what he called “systemic biases” within the bureau has been charged after allegedly leaking secret documents to a national news reporter, according to federal criminal charges filed in Minnesota this week.

    The charges, filed by prosecutors for the Justice Department’s National Security Division, are the first to come in Minnesota since Attorney General Jeff Sessions announced a broad crackdown on government leaks last year.

    A two-page felony information, a charging document that typically signals an imminent guilty plea, outlines two counts filed against Terry James Albury of unlawfully disclosing and retaining national defense information.

    Albury is accused of sharing a document on assessing confidential human sources — otherwise referred to as informants — and a document “relating to threats posed by certain individuals from a particular Middle Eastern country” with a reporter for a national media organization.

    The second count charged against Albury alleged that he failed to turn over a document “relating to the use of an online platform for recruitment by a specific terrorist group” last year.

    The charges do not name the reporter or news organization but allege that Albury possessed and shared the information between February 2016 and Jan. 31, 2017 — the same date that the Intercept published an entry to its “FBI’s Secret Rules” series on how the bureau assesses potential informants.

    The report drew upon a secret document obtained by the Intercept that has the same publication date described in the charges against Albury. More here.

    FBI director meets with black caucus over criticized ... Director Wray

  3. But we still have the whole Andrew McCabe affair that dovetails with the Peter Strzok and Lisa Page. McCabe lost a large portion of his retirement due to many of the same charges as Albury. Yet, Peter and Lisa are still on the payroll. So?
  4. We have yet this other SA, Special Agent, whose name has not been released caught up in a case very much like that of Albury. Yet, there will be NO criminal charges. Why? Calling Director Wray for an explanation.
    An FBI agent found to have leaked sensitive information to witnesses, mishandled classified information and lied to investigators will not face criminal charges and appears to have retired while an inquiry into his conduct was underway, according to the Justice Department Office of Inspector General.

    An investigative summary posted online by the department’s internal watchdog unit on Monday is short on details, but says investigators opened an investigation after receiving allegations that the unidentified special agent “contacted witnesses in a criminal investigation for an improper purpose.”

    “The OIG found that the SA contacted individuals who he either knew were, or had reasonable belief would be witnesses in the criminal investigation and that the SA’s contacts with several individuals appeared to be designed to improperly influence their prospective testimony,” the statement said. “Accordingly, the OIG concluded that the SA’s contacts with the witnesses were improper and constituted misconduct.”

    Investigators also uncovered other instances of serious misconduct by the agent, saying he “divulged law enforcement sensitive information to unauthorized individuals; misused his government issued electronic devices; provided misleading testimony during a related civil deposition; mishandled classified information; misused his position during contacts with local law enforcement officers; and provided false information to the OIG.”

    All rather a funky way to apply the law, policy and maintain integrity eh?

How Israel Obtained the Iran Nuclear Documents

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Note, Israel was told about the documents and the warehouse, likely by the MEK. The MEK and the Mossad often perform joint operations. For context on the MEK operations:

The MEK’s Role Was Critical in Preventing Iran From Obtaining a Nuclear Bomb

The MEK has been instrumental in exposing Iran’s nuclear weapons program. Relying on a vast network inside Iran, MEK revelations of the weapons program significantly contributed to the world peace and the national security of the United States.

These revelations triggered the International Atomic Energy Agency (IAEA) inspections of the uranium enrichment facility in Natanz and Heavy Water Facility in Arak in 2002 for the first time, and since then, the majority of the visits by the IAEA inspection teams have been to the sites first exposed by the MEK.

Senior U.S. officials including President Bush, Vice President Dick Cheney, and Secretary of State Condoleezza Rice have repeatedly pointed to the role the MEK had played in getting the world attention on Iran’s nuclear weapons program.

In March 2005, President, George W. Bush, emphasized that the MEK’s revelation of Natanz prompted an international
campaign to stop the nuclear weapons program of Iran. “Iran has concealed its — a nuclear program. That became discovered, not because of their compliance with the IAEA or NPT, but because a dissident group pointed it out to the world.”

Many of the key front companies exposed by the MEK such as Mesbah Energy, Novin Energy, Kalaye Electric, Kavoshyar Company, and Farayand Technique were eventually sanctioned by the Treasury Department. In July 2011, the MEK exposed a new nuclear organization overseeing the entire nuclear program and run by the military, known as SPND. The U.S. Government designated that entity in 2014. In addition, many companies, key nuclear experts, and military institutions exposed by the MEK have been sanctioned by the United Nations Security Council resolutions 1737, 1747, and 1803.

If it were not for the MEK nuclear revelations, Tehran would have had the bomb by now. Congressman Brad Sherman (D-CA) told a House Foreign Affairs Committee Hearing “We all owe a debt of gratitude to the MEK for bringing this information to the world, and causing the United States and the world to focus on the problem.” More here.

Trump to Make Historic Visit to Western Wall in Jerusalem - NBC News photo

Israeli Prime minister Benjamin Netanyahu briefed President Trump two months ago on the capture of the Iranian “nuclear archive,” and decided to publicly expose the documents yesterday due to Trump’s May 12th deadline on possible U.S. withdrawal from the Iran nuclear deal.

Between the lines: An Israeli official tells me Israel wanted to publicly release the new intelligence after White House visits from French President Macron and German Chancellor Merkel, both of whom tried to convince Trump not to withdraw. “We are facing a major decision by President Trump regarding the nuclear deal. Last week was for the Europeans, and this week is our week,” the official said.

  • During a meeting at White House on March 5th, Netanyahu presented Trump and his senior cabinet members — Vice President Pence, Secretary of Defense Mattis, then-Secretary of State Tillerson and then-National Security Adviser McMaster — with an initial analysis of the “Nuclear archive,” a senior Israeli official tells me.
  • Netanyahu spoke to Trump over the phone last Saturday and told him he would publish the intelligence later in the week.
  • A day later he met in Tel-Aviv with Secretary of State Pompeo and gave him a similar update. An Israeli official said the timing of the publication was coordinated with the White House.

How the documents were seized

The Israeli Mossad discovered the existence of an Iranian “Nuclear archive” in February 2016, a short time after the nuclear deal started being implemented.

  • Israeli officials say the Mossad received intelligence that showed the Iranians were trying to hide all documents concerning the military dimensions of their nuclear program.
  • The official said that in a highly secret operation known to a handful of Iranian officials, the Iranians transferred tens of thousands of documents and CD’s from several different sites around the country to a civilian warehouse in Tehran. The Israeli official said the Iranians did all that because they were afraid IAEA inspectors would find the documents.
  • The Mossad put the warehouse under surveillance and started preparing for a possible operation to seize the documents. According to Israeli officials, more than 100 Mossad spies worked on this operation and, in January 2018, it was implemented.
  • A senior Israeli intelligence official said the Mossad managed to put its hands on most of the documents in the warehouse. “We didn’t take everything because it was too heavy”, he said.

Coordination with the U.S.

  • An Israeli official said the CIA and the White House knew about the Israeli efforts to capture the “Iranian nuclear archive,” and Israel briefed the U.S. immediately after the successful operation.
  • At the same time Netanyahu was briefing Trump and his top officials, the Mossad gave the CIA copies of all the 100,000 documents it obtained.
  • At the beginning of February, the Mossad started translating and analyzing the documents, most of were written in Persian. A special team with 50 analysts was formed in the Mossad and, according to an Israeli official, a separate team is working in the CIA. Both intelligence agencies still haven’t finished analyzing the documents.

The Israeli official said: “The documents will a very strong proof that there was a military nuclear program in Iran. Such proof that the Iranians will not be able to deny.”

Meet Kevin Thurm and Here Comes the Clinton Foundation, Again

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The last we heard from Hillary, she was whining that no one liked her. Before that, she was still finding excuses for her loss in the quest for the White House. All through that we continued to hear about corruption and fraud in all things Clinton including the foundation(s).

Sidebar: Read about the Foundation ah weirdness in Columbia.

The Clinton Foundation left a toxic legacy in Colombia ... photo

Well….she is back…and Kevin is leading the charge. But bring money for cocktails and photos.

So, who is Kevin?

Kevin Thurm, A83, A17P, is dedicated to finding solutions that last to transform lives and communities. As the CEO of the Clinton Foundation, he leads its efforts to build partnerships of great purpose between businesses, governments, NGOs, and individuals.

Prior to working at the Clinton Foundation, Thurm held various leadership positions in government and the corporate sector. As a senior counselor at the U.S. Department of Health and Human Services (HHS), he partnered with Secretary Sylvia Burwell and HHS senior leadership on cross-cutting strategic initiatives, including continuing implementation of the Affordable Care Act. At Citigroup, he held senior positions including chief compliance officer and deputy general counsel. Before joining Citigroup, Thurm served as the deputy secretary and chief of staff for the Department of Health and Human Services under Secretary Donna E. Shalala.

Thurm received a bachelor’s from Tufts University in 1983; a bachelor’s/master’s from Oxford University in 1986, where he was a Rhodes Scholar; and a J.D. from Harvard Law School in 1989.

***

The Clinton Foundation, after seeing a drop in donations amid increased scrutiny and “pay-to-play” allegations, is revving back up with a glitzy fundraising gala that coincides with a broader push by the Clinton machine to stay in the political spotlight.

Axios reported Monday that longtime Clinton supporters received an invitation offering access — a word that dogged Hillary Clinton throughout her failed 2016 presidential campaign — to the family at a May 24 benefit for the Clinton Foundation.

Hillary Announcement Is Great News for Trump and Republicans

The cheapest tickets for the event will be $2,500 for cocktails and dinner. Deep-pocketed donors can lay out $100,000 for a package including “leadership reception for two, a premium table of 10, program recognition as Gala Chair and invitations to the Clinton Foundation Annual Briefing.”

The invite features photos of Bill, Hillary and Chelsea Clinton, implying they’ll all be attending.

The foundation scaled back its activities in 2016, downsizing the Clinton Global Initiative and placing restrictions on fundraising amid claims of “pay-to-play” by donors seeking access when Clinton was secretary of state. The Clintons denied any such arrangements.

The biggest such controversy related to the sale of Uranium One — a Canadian-based energy firm and holder of 20 percent of U.S. uranium stocks — to Russian energy company Rosatom during Clinton’s time as secretary of state. The connections between the sale of Uranium One and donations to the foundation were first reported by author Peter Schweizer in his 2015 book “Clinton Cash.”

The New York Times reported that the Clinton Foundation received millions of dollars from donors connected to Uranium One as the deal was in the process of being approved by representatives of government agencies, including Clinton’s State Department.

Since the election, questions about that deal have not gone away. In October, The Hill reported that the FBI received an account that Russian nuclear officials had routed millions of dollars to the U.S. designed to benefit the Clinton Foundation amid a broader pattern of bribery and kickbacks designed to extend Russia’s footprint to the U.S.

Amid the controversies in 2015 and 2016, the foundation saw a plunge in donations. While data from 2017 are not available, 2016 numbers showed that donations fell by 42 percent, from $108 million in 2015 to $63 million in 2016. Then-acting CEO Kevin Thurm told The New York Post, which first reported on the numbers, that that was due in part to restrictions on fundraising the foundation placed on itself as Clinton ran for president.

But while numbers for 2017 aren’t available, IB Times reported last year that a number of big companies have distanced themselves from the foundation and were choosing not to give. Companies that told the outlet in November they have not donated since the 2016 election included Boeing, Chevron, Dell, General Electric, and Lockheed Martin.

“Last year was a tough year,” Donna Shalala, then-president of the foundation, told The Times in 2017, “because people were beating on us with nonsense.”

Clinton Foundation dealings have continued to stay in the headlines. Former FBI Deputy Director Andrew McCabe was fired by Attorney General Jeff Sessions in March after an inspector general report said he leaked the existence of a probe into the foundation during the presidential campaign and later lied about it.

Meanwhile, conservative watchdog Judicial Watch has continued to publish emails sent by Clinton when she served as secretary of state — emails that touch on foundation activity.

The May fundraiser is the latest sign from the Clintons that they do not intend to retreat from the spotlight. After losing in 2016, Hillary Clinton has set up the political action organization Onward Together and released a lengthy campaign post-mortem titled, “What Happened.” She went on a speaking tour coinciding with the book’s release and has made numerous additional appearances discussing her 2016 loss.

Axios reported Monday that Hillary Clinton was to lead the first meeting of Onward Together on New York’s Upper East Side for a session on “harnessing the energy and activism post-election.” Bill, meanwhile, will publish his novel “The President is Missing,” co-authored with James Patterson on June 4.

An April Wall Street Journal/NBC News poll found that only 27 percent of those polled had a very or somewhat positive view of the former secretary of state. That makes her less popular than President Trump, whose popularity registered at 35 percent. It marked a new low for her in the poll, which clocked her popularity at 30 percent in August 2017.

 

Take Honduras as an Example

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The caravan, the caravan…

There is a crisis going on at the California border check point where an estimated 200 migrants are attempting to gain entry into the United States by using all tactics stressing our resources and laws.

Today: The Caravan at California’s Door photo

(Note the sign provided by ANSWER Coalition)

So, the big question is if these people are desperate to leave their home countries out of fear, crime and corruption, then why have they not visited our embassies in their home countries? They just fled. People fleeing to the United States must and do travel through Mexico. So, where is the humanitarian policy of Mexico to accept these desperate people?

A large number of people attempting to enter the United States come from a handful of countries in Central America such as Guatemala, El Salvador, Honduras and Nicaragua. So, let us examine Honduras as an example. for a summary of the crime and threat assessment in Honduras, go here.

How Instability in Central America Affects US-Mexico ... photo

In 2009, Obama cut $200 million in non-humanitarian aid to Honduras. The United States must address stabilizing these countries, rather than allowing their failures and exporting the problem(s) to the United States.

But:

Honduras, one of Latin America’s poorest nations, strives to improve its economic and democratic development with U.S. assistance. The United States has historically been the largest bilateral donor to Honduras. U.S. Agency for International Development (USAID) programs target a variety of sectors including education, health, economic policy, microenterprise, environmental conservation, food security, municipal development, and justice sector reform. USAID has provided more than $3 billion in economic and social development assistance to the Honduran people since it began working in the country in 1961. Currently, programs focus on addressing the main push factors of migration by improving citizen security, reducing extreme poverty, and improving public administration through transparency and accountability reforms. To achieve these objectives, USAID’s efforts address citizen security through community-based crime prevention activities, with a focus on the highest crime neighborhoods and those youth who are most at-risk. Additionally, USAID strengthens local and national governance, as well as civil society monitoring and watchdog organizations; helps the poorest sectors of society increase food security and incomes; supports the sustainable management of natural resources; expands quality basic education and workplace and life-skills training; and improves the quality and participation of local citizens and civil society in decentralized basic services.

In 2017, the U.S. Department of Commerce will be dedicating $1.5 million for a customs and border management program focused on improving trade into Honduras and others parts of Central America. The U.S. Department of Agriculture provided $47 million in 2015-2016 for its two programs that deliver school meals to 53,000 students and increase agricultural productivity and trade.

The United States Armed Forces maintain a small presence at a Honduran military base. U.S. forces conduct and provide logistical support for a variety of bilateral and multilateral exercises–medical, engineering, counternarcotics, and disaster relief–for the benefit of the Honduran people and their Central American neighbors. Through the Central America Regional Security Initiative, the United States supports the Government of Honduras by assisting law enforcement entities in disrupting criminal networks; building investigative, prosecutorial, and judicial capacity; and implementing violence prevention programs for vulnerable communities.

In June 2005, Honduras became the first country in the hemisphere to sign a Millennium Challenge Corporation (MCC) Compact with the U.S. Government. Under the Compact, the U.S. Millennium Challenge Corporation invested $205 million over 5 years to help Honduras improve its road infrastructure, diversify its agriculture, and transport its products to market. In 2013, Honduras received a $15.6 million MCC Threshold Agreement to support Honduran efforts to improve public financial management and create more effective and transparent public-private partnerships.

The State Department website for the embassy in Honduras explains that in order to obtain a visa, the applicant must establish they meet all requirements to receive a visa. The website even includes a ‘visa wizard’ that aids in the application process to determine the specific visa that best fits the case.

There is a fraud unit at all embassies and if fraud is committed during in the visa process, benefits are lost, fines are applied and a jail sentence can be applied.

There is yet another requirement for travel and approval to enter the United States, vaccines.

They include: mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, Haemophilus influenzae/type B, hepatitis A and B, rotavirus, meningococcal disease, varicella, pneumococcal disease, and seasonal influenza.

So, given just the vaccine requirements, detention in either Mexico or the United States for those attempting to enter the United States is warranted. The cost however of medical examinations and detention is significant and government agencies cannot estimate those costs to the taxpayer.

Now, here is something quite curious:

Who is a refugee?

According to the 1951 United Nations Refugee Convention, a refugee is defined as someone who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…”

  • Asylum seekers have submitted a claim for refugee status and are waiting for this claim to be accepted or rejected.
  • Refugees and asylees comprise the majority of displaced persons resettled to the United States.

What are the top countries of origin and asylum*?

The top ten countries of refugee origin are Afghanistan, Iraq, Somali, DR Congo, Myanmar, Colombia, Sudan, Vietnam, Eritrea, and China.

The top ten countries of refugee asylum are Pakistan, Iran, Syria, Germany, Jordan, Kenya, Chad, China, United States, and United Kingdom.

* Countries are listed in order from greatest to least number of refugees as of Dec 2010.

Source: UNHCR Global Trends (2010)

Statistics on International Refugees and US Domestic Refugee Admissions:

Source: UNHCR, 2009 Global Trends: Refugee, Asylum-Seekers, Returnees, Internally Displaced and Stateless People

  • As of 2009, an estimated 15.2 million refugees were located around the world. Of these refugees, 251,500 were voluntarily repatriated to their home nations.
  • In 2011, the United States accepted 56,424 refugees for resettlement.

Source: U.S. Department of State, Bureau of Population, Refugees, and Migration (PRM), Worldwide Refugee Admissions Processing System (WRAPS)

The U.S. has projected a refugee resettlement ceiling of 76,000 individuals for FY 2012.
Source: Presidential Determination No. 2011-17: FY 2012 Refugee Admissions Numbers

Immigrant, Refugee and Migrant Health Branch (IRMH)

The goal of the IRMH Branch within the Division of Global Migration and Quarantine is to promote and improve the health of immigrants, refugees, and migrants and prevent the importation of infectious diseases and other conditions of public health significance into the U.S. by these groups. To accomplish this goal the IRMH branch plays a significant role in refugee health, both overseas and domestically.

Older female refugee

Overseas

  • IRMH develops and implements the Technical Instructions used by overseas panel physicians who are responsible for conducting the medical examinations for U.S.-bound refugees. The Technical Instructions consist of medical screening guidelines, which outline in detail the scope of the medical examination. The purpose of the medical examination is to identify, for the Department of State and the US Citizenship and Immigration service, applicants with medical conditions of public health concern.
  • IRMH also maintains an anonymous collection of surplus blood samples from overseas screenings called the Migrant Serum Bank (MSB). Scientists from around the world can request to use the samples for research projects.

Domestic

  • The Domestic Refugee Health Program facilitates collaboration with state and local health department partners to improve the health care and monitor medical conditions of refugees after their arrival into the United States.
  • IRMH also maintains the Electronic Disease Notification System (EDN), which notifies states and local health departments of the arrival of refugees to their jurisdictions. EDN provides states with overseas medical screening results and treatment follow-up information for each refugee.

IRMH Partners

To accomplish its goals in refugee health, IRMH works with many external partners: