Category Archives: Department of Homeland Security

Regulations Cost $108 Billion Each Year

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Hey, Obama was are the cost benefits and where is this a part of law? Further, who is watching this and who is challenging the postings? Are they really legal in the first place?

 

Revealed: President Obama’s 229 Major Regulations Cost $108 Billion Each Year

NationalInterest: The Obama administration is responsible for thousands of new regulations—including a historic number of major regulations. As the costs of these regulations add up, they place more of a burden on economic freedom in America.

In 2015, 43 new major regulations went into effect, increasing regulatory costs by more than $22 billion, according to the latest “Red Tape Rising” study from The Heritage Foundation.

Since President Barack Obama took office in 2009, 229 new major regulations have increased regulatory burdens by $108 billion annually. But it doesn’t stop there. As the administration tries to push its agenda before the end of Obama’s term, 144 more major regulations are already in the works.

Among the biggest culprits are the Environmental Protection Agency, the Department of Transportation, and the Department of Energy. Although Congress funds these bureaucratic agencies, the rules they impose do not typically need congressional approval. Some independent agencies, like the Federal Communication Commission, are not even required to perform analyses to determine if their regulations will be cost-effective.

Not only do regulations cost American families and businesses more money, they have a damaging effect on economic freedom.

The Index of Economic Freedom, published annually by The Heritage Foundation, shows a decrease in economic freedom in the United States for eight of the last nine years. To make matters worse, since 2010, the U.S. has been stuck in the “mostly free” category, due in large part to falling scores related to business and labor regulation. In just one year, U.S. scores for business freedom and labor freedom have dropped by 4.1 points and 7.1 points, respectively.

Heritage Foundation researchers James Gattuso and Diane Katz have argued that “the unparalleled increase in regulatory burden spells a decline in economic freedom and individual liberty.”

All that red tape is piling up and Congress needs to take immediate action to prevent further growth in the regulatory burden and to restore economic freedom in the U.S.

**** Additional information for context:

Regulatory Federal Agencies
Agencies, like the FDA, EPA, OSHA and at least 50 others, are called “regulatory” agencies, because they are empowered to create and enforce rules – regulations – that carry the full force of a law. Individuals, businesses, and private and public organizations can be fined, sanctioned, forced to close, and even jailed for violating federal regulations.

The oldest Federal regulatory agency still in existence is the Office of the Comptroller of the Currency, established in 1863 to charter and regulate national banks.

The Federal Rulemaking Process
The process of creating and enacting federal regulations is generally referred to as the “rulemaking” process.

First, Congress passes a law designed to address a social or economic need or problem. The appropriate regulatory agency then creates regulations necessary to implement the law. For example, the Food and Drug Administration creates its regulations under the authority of the Food Drug and Cosmetics Act, the Controlled Substances Act and several other acts created by Congress over the years. Acts such as these are known as “enabling legislation,” because the literally enable the regulatory agencies to create the regulations required to administer enforce them.

 

The “Rules” of Rulemaking
Regulatory agencies create regulations according to rules and processes defined by another law known as the Administration Procedure Act (APA).

The APA defines a “rule” or “regulation” as…

“[T]he whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.

The APA defines “rulemaking” as…

“[A]gency action which regulates the future conduct of either groups of persons or a single person; it is essentially legislative in nature, not only because it operates in the future but because it is primarily concerned with policy considerations.”

Under the APA, the agencies must publish all proposed new regulations in the Federal Register at least 30 days before they take effect, and they must provide a way for interested parties to comment, offer amendments, or to object to the regulation.

Some regulations require only publication and an opportunity for comments to become effective. Others require publication and one or more formal public hearings. The enabling legislations states which process is to be used in creating the regulations. Regulations requiring hearings can take several months to become final.

New regulations or amendments to existing regulations are known as “proposed rules.” Notices of public hearings or requests for comments on proposed rules are published in the Federal Register, on the Web sites of the regulatory agencies and in many newspapers and other publications. The notices will include information on how to submit comments, or participate in public hearings on the proposed rule.

Once a regulation takes effect, it becomes a “final rule” and is printed in the Federal Register, the Code of Federal Regulations (CFR) and usually posted on the Web site of the regulatory agency. Keep reading here.

 

What the Heck Ft. Bliss??

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U.S. soldiers arrested for allegedly smuggling illegal immigrants across Texas border

By Sharyl Attkisson, Sinclair Broadcast Group

KFOX14: U.S. authorities are investigating an illegal immigrant smuggling operation allegedly run by active duty military soldiers out of the Ft. Bliss U.S. Army post in El Paso, Texas. Ft. Bliss is headquarters for El Paso Intelligence Center (EPIC), a federal tactical operational intelligence center.

According to sources and documents, two U.S. soldiers, Marco Antonio Nava, Jr. and Joseph Cleveland, were arrested last Saturday by border patrol officers at Falfurias, Texas Border Patrol Station Checkpoint attempting to smuggle two Mexican citizens into the U.S. The Mexicans were riding in the back seat of the car. Upon their arrest, the soldiers, who were not in uniform at the time, informed Border Patrol agents they are part of the 377 TC Company at Ft. Bliss.

Nava told investigators it was the second time that he and Cleveland had smuggled in illegal immigrants for pay and, during a debriefing, described a smuggling ring allegedly involving other Ft. Bliss soldiers. Nava identified a leader of the group as a Private First Class, as well as other participants. He said he wasn’t sure how long the ring had been operating. Attempts to seek comment and information from Ft. Bliss were not successful.

Nava stated that one week before his arrest, the group of Ft. Bliss soldiers successfully smuggled six illegal immigrants through the Falfurrias Checkpoint. When questioned how they did it, “Nava stated that all of the aliens were simply sitting inside the vehicles with them.” The illegal immigrants had been picked up at a trailer, then dropped off at a house 30 minutes north of Houston, Texas. According to Nava, each of the soldiers involved was paid $1,000 cash for that successful smuggling trip. They were to be paid $1,500 for the June 18 run a week later that Border Patrol agents intercepted. Border agents were able to review text messages exchanged between six soldier smugglers.

This isn’t the first time military troops have been linked to human trafficking across the Mexican border, according to internal documents. One government official stated, “I know we had previously received reports that military personnel were involved in smuggling”

According to internal government documents, the border has been something of a revolving door for the two Mexican citizens arrested in the June 19 attempt. Jose Rebollar-Osorio had three prior removals from the U.S. on record. Marcelino Oliveros-Padilla also had three prior removals as well as an immigration-related conviction.

Requests for comment were referred to Homeland Security Investigations, which is said to be handling the probe. A spokesman did not immediately provide additional information.

Related reading: EPIC Intelligence Topics at DEA: El Paso Intelligence Center | National Drug Pointer Index

Related reading: EPIC offers tactical, operational and strategic intelligence support to federal, state, local, tribal, and international law enforcement organizations.

The Army’s Ft. Bliss El Paso Intelligence Center (EPIC) was involved in Fast and Furious-related cases in which the Justice Department secretly allowed thousands of weapons to be trafficked to Mexican drug cartels.

Victory: Supreme Court Votes 4-4 on DACA, Obama Angry

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The lower court decision stands. Obama said many times he did not have the authority and in the end, used executive action anyway. The Supreme Court, well 4 Justices stood with the Constitution and rule his action was not within his authority.

Texas Governor Greg Abbott had this response:

The Solicitor General, representing the Government in this case is Donald Verilli. As an aside, he resigned on June 2, and his last day is June 24th.

Now comes Secretary of the Department of Homeland Security, Jeh Johnson on the Supreme Court decision:

Statement by Secretary Johnson on Today’s Supreme Court Decision

Release Date:
June 23, 2016

 

DHS: Like the President, I am disappointed by the Supreme Court’s 4-4 vote today in United States v. Texas.  The case concerns Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA).  The 4-4 impasse leaves the court of appeals ruling in place and effectively prohibits us from implementing these important initiatives.

It is important to emphasize that this ruling does not affect the existing DACA policy, which was not challenged.  Eligible individuals may continue to come forward and request initial grants or renewals of DACA, pursuant to the guidelines established in 2012.

We are also moving forward on the other executive actions the President and I announced in November 2014 to reform our immigration system.  This includes our changes to the Department’s immigration enforcement priorities.  Through these priorities, we are more sharply focused on the removal of convicted criminals, threats to public safety and national security, and border security.  We have ended the controversial Secure Communities program.  We are expanding policies designed to help family members of U.S. citizens and permanent residents stay together when removal would result in extreme hardship.  And we have taken several actions to make it easier for international students, entrepreneurs, and high-skilled immigrants to contribute to the U.S. economy.

The President and I remain committed to fixing our broken immigration system.  We are disappointed by the 4-4 vote in the Supreme Court today, and the gridlock in Congress that has stood in the way of more lasting, comprehensive immigration reform.

 

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FNC: The judgment could have significant political and legal consequences in a presidential election year highlighted by competing rhetoric over immigration. As the ruling was announced, pro-immigration activists filled the sidewalk in front of the court, some crying as the ruling became public. Critics of the policy touted the decision as a strong statement against “executive abuses.”

“The Constitution is clear: The president is not permitted to write laws—only Congress is. This is another major victory in our fight to restore the separation of powers,” House Speaker Paul Ryan said in a statement, adding that the ruling rendered Obama’s actions “null and void.”

Obama, though, said the decision “takes us further from the country that we aspire to be.”

He stressed that earlier changes his administration made to immigration policy are not affected, but acknowledged his most recent 2014 changes cannot go forward and additional executive actions are unlikely.

While Obama accepted the ruling, he also made his own full-court press, saying the split decision underscores the importance of the current court vacancy and the appointment of a successor to the late Justice Antonin Scalia, to “break this tie.” So far, Senate Republicans have not considered Obama’s nominee, Merrick Garland.

Meanwhile:

As Cubans rush through Texas, immigration policy questioned

From February to May, about 4,000 Cubans crossed over the Rio Grande River into Texas’ westernmost city. The number of Cubans coming to the U.S. has increased dramatically in the last few years. And it continues to rise, with about 77,000 Cubans entering between October 2014 and April 2016. Many are forgoing the typical route across the Florida Straits by boat to Miami and are traveling by foot, bus, boat and plane through Central America and Mexico to the Southwest border. More here.

Hearing Scheduled on Radical Islam in Combating Terrorism

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In part from Conservative Review: Next Tuesday, June 28, Sen. Ted Cruz (R-TX), who chairs the Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, will conduct a hearing investigating the willful blindness on the part of the relevant law enforcement agencies to domestic Islamic terror networks.  The subject of the hearing is “Willful Blindness: Consequences of Agency Efforts To Deemphasize Radical Islam in Combating Terrorism.”

Attorney General Loretta Lynch announced at a press conference that the motives of the Orlando jihadist might never be known and that “our most effective response to terror…is unity and love.”  This comes on the heels of the government’s attempt to redact any mention of Islamic rhetoric in the 911 call and DHS releasing another internal document scrubbing all references to Islamic terror. Just this week, the Council on American-Islamic Relations (CAIR), a front group for Hamas, was allowed to sit in on FBI interviews with members of the Fort Pierce mosque. The FBI was supposed to cut ties with CAIR, and DOJ was supposed to prosecute them in 2009 following the Holy Land Foundation trial, in which CAIR was implicated as a co-conspirator, yet they are granted full access to FBI counter-terrorism investigations.

This hearing will likely focus on which figures within the federal government worked to squelch any research connecting the dots between local Muslim Brotherhood officials, these individual terrorists, and foreign terror networks. Senators on the committee now have an opportunity to expose the Muslim Brotherhood influence within DHS and the FBI, their invidious “Countering Violent Extremism” Agenda, and their hand in covering up counter-terrorism investigations.  They can demonstrate how the federal government has hamstrung local law enforcement by refusing to cooperate and share information regarding jihadists living in their communities.

Most importantly, this is the first opportunity to finally change the narrative from the false discussion about guns, which has nothing to do with Islamic Jihad. Hopefully, this committee hearing will be the beginning of a concerted effort for the legislative branch to actually engage in some critical oversight of the perfidious actions within the top echelons of federal law enforcement.  The fact that GOP leaders in the House and Senate are not pushing multiple hearings and legislation dealing with this issue is scandalous, but unfortunately, not unexpected. Full story and audio is found here from Conservative Review.

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“Based on open-source research conducted on a list provided by the Department of Justice, the Subcommittee on Immigration and the National Interest has determined that at least 380 of the 580 individuals convicted of terrorism or terrorism-related offenses between September 11, 2001 and December 31, 2014, were born abroad.” More here.

Further: In June 2016, CIA Director John Brennan testified that ISIS “is probably exploring a variety of means for infiltrating operatives into the West, including in refugee flows, smuggling routes and legitimate methods of travel.”

·           In March 2016, the top U.S. military commander in Europe—Air Force General Philip Breedlove—told a Senate Committee that ISIS is infiltrating the ranks of refugees entering Europe, and that terrorists, returning foreign fighters and criminals are now part of the “daily” refugee flow.

·           In September 2015, when asked if ISIS could infiltrate the refugees, Obama’s former top envoy on the coalition to defeat ISIS, General John Allen told ABC News, “I think we should watch it. We should be conscious of the potential that Daesh (aka ISIS) may attempt to embed agents within that population.”

·           In October 2015, FBI Director James Comey said during a House Committee on Homeland Security hearing that the federal government does not have the ability to conduct thorough background checks on all of the 10,000 Syrian refugees that the Obama administration says will be allowed to come to the U.S.

In September 2015, the US Director of National Intelligence, James Clapper said “We don’t obviously put it past the likes of ISIL to infiltrate operatives among these refugees.”

·           In September 2015, State Department Spokesman John Kirby admitted it’s “possible” for those with ISIS ties to sneak in the US through the refugee program.

·           In February 2015, when asked by Rep. Michael McCaul if bringing in Syrian refugees could pose a risk to Americans, Deputy Director of the National Counterterrorism Center Nicholas Rasmussen said “It’s clearly a population of concern.”

·           In February 2015 assistant director for the FBI, Michael Steinbeck said in a House Homeland Security hearing that he was “concerned” that bringing in Syrian refugees could pose a greater risk to Americans.

·           In April 2015 House Homeland Security Committee Chairman, Rep. Michael McCaul said, “The intelligence community has briefed me that [terrorists] want to exploit the refugees — [that] terrorists want to exploit the refugee program to infiltrate and get in.”

 

Brazil/Olympics Under Islamic State Threat

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Brazil threat

 

TRAC: South America has not historically been considered a high priority target for Islamic State for reasons ranging from practical to ideological. It has instead been used for remote finance and small-scale recruitment operations by Shia groups and IS’ predecessor, al-Qaeda. It would appear, however, that Islamic State has recognized that political and economic turmoil in countries like Brazil, Venezuela, and Mexico have presented opportunity in the Western Hemisphere.

A sample of recent activity documented by TRAC includes:

Image: A map of the particularly vulnerable border region referred to as the Triple Frontier.

All of this activity, combined with the backdrop of border insecurity at the Triple Frontier, IS recruitment in Mexico, and an active cell in São Paulo present terrorists with copious soft targets in South America, highlighted by the 2016 Olympics.

*****

Threat Assessment

Based on the information currently available, the threat of an IS-directed attack on the Olympics remains low, though the possibility of an IS-inspired small scale assault always looms. Preventing such an attack will rely on security arrangements at the venue, hotels, and transportation facilities where crime has already been listed as a high risk concern.

Never a High Priority Target

South America has not historically been considered a high priority target for Islamic State or other Sunni jihadist groups for many reasons, ranging from the practical to the ideological. Unlike many European nations, some of whom have a long history of interests in in the Middle East, South American countries are not typically viewed by Sunni militants as potent allies of the US. Instead, Brazil (among others) has served as a place to base remote finance and small-scale recruitment operations.

Outside Historical Caliphate Lands

Central and South America are not part of the lands claimed by historic Islamic conquest and thus fall outside the scope of Islamic State’s ideological priority of extending the Caliphate to the lands that at one time or another were considered belonging to the Umma. (Even the world maps created for Islamic State propaganda don’t bother to identify South America.)

New Focus on Portuguese & Spanish Speakers

This de-emphasis of targets south of the US may be coming to an end, however, on the part of Islamic State. ISIS has recognized the importance of shifting focus from its loses and struggles to new frontiers and opening linguistic doors to recruitment candidates. Following the 11/13 Paris Attacks a tweet attributed to Maxime Hauchard named Brazil as “our next target,” although TRAC has not been able to find a primary source record of this threat. In Spring 2016, Dabiq announced ISIS’ desire to proselytize Mayas with an “anti-colonial” message. Additionally, the approaching 2016 Olympics present an opportunity for Islamic State focus its narrative in a South American nation where it has already seen some support: Brazil.

Images: Jihadi Jean Luc identified as Steve Duarte. A Luxemburger of Portuguese descent, Duarte was featured in major Islamic State video release as a French-Speaking executioner.  In the video he refers to Andalusia and its Muslim cities, threatening Spain.  For More on (Video) Islamic State : Filtering Apostates – Five Simultaneous Executions Featuring French Speaking Executioner Wilayat Nineveh

Political Context

  • In the final week of February 2016, Brazil’s legislature approved a controversial anti-terrorism law after months of debate.
  • President Rousseff signed to enact the law in the final week of March 2016.
  • Allows for sentences of 12-30 years.
  • Opponents consider it a tool for restraining and silencing Brazil’s political dissident movements.
  • With Brazil’s corruption rankings plummeting and successful Olympics on the line, there is reason to believe some in power seek to silence opposition groups.
  • The law’s advocates, however, seek not only to avoid sanction but to have additional tools ready to combat global jihad.
  • Specific wording: “the practice by one or more individuals of acts for the reason of xenophobia, discrimination or prejudice of race, color, ethnic group or religion with the aim to generate social or generalized terror, endangering people, assets, the public peace or safety.”
  • Israeli officials heralded the law citing years of exploitation of Brazil by Iran and Iranian proxy Hezbollah

Recruitment of Portuguese Speakers

Islamic State Messaging

On 03 June 2016 Telegram IS affiliated channel “Online Dawah Operations” shared a general post in English calling for Spanish and Portuguese speakers:

Reads: “Dear brothers and sisters, we are in need of brothers and sisters who can speak either Portuguese or Spanish to help us on our project in’shaa Allah. If you speak one of those languages and you are willing to join our translation team please Wickr me: ismailbrazili.”

Islamic State Nashir channel in Portuguese appeared on Telegram 29 May 2016:

Five days before Islamic State member Ismail Brazili called for Portuguese speakers on a general Telegram channel, a Nashir Portuguese channel appeared on Telegram. It was created 29 May 2016 but did not make its first post until 02 June 2016.  Though the posts are merely reprints of the main Nashir Arabic Channel,  its important to recognize the out-reach to get news from IS controlled areas and IS Wilayats to Portuguese speakers.

Important Hashtags

Islamic State relies on hashtags to spread news on both Telegram and Twitter.  In almost all the Portuguese Telegram posts the following hashtags are used to spread the propaganda:

#ReportagemFotográfica
#EstadoIslâmico
#CalifadoPT

Plus the hashtag of the specific Wilayat that is being propagated.

Examples of Portuguese claims of credit

Posted 19 June 2016

Posted 20 June 2016

Posed 08 June 2016

The red over blue claims of credit (as well as light blue over darker blue) are very typical of traditional Islamic State claims, however the Portuguese are slightly different:  the Wilayat appears to the left (opposed to the right) and each are marked “Urgente” which the Islamic State does not print on the claims of credit in Arabic or other languages.

Former GITMO detainee latest Lebanese immigrant to raise alarm in Brazil

The announcement that former Guantanamo detainee Jihad Ahmed Mustafa Dhiab may have legally traveled to Brazil has recently recast Brazil into the spotlight for concerns of jihadist activity. After being transferred to Uruguay in December 2014, Dhiab — whose mother is Argentine –reportedly attempted to travel legally to Brazil, but was denied entrance, according to the statement of an official in Uruguay. Contrary to these reports, another official responsible for working with the Uruguay resettlement, Christian Mirza, said Dhiab traveled legally first to Argentina (in 2015) and then to Brazil, but that his whereabouts are unknown. Dhiab also apparently walks with crutches as a result of poor health, making an undocumented, illegal border crossing more difficult, but not impossible with assistance. On the other hand, Uruguay did not agree to the US request to retain for two years the six resettled detainees.

 Jihad Ahmed Mustafa Dhiab.

Dhiab is not the fist Lebanese Sunni to make headlines in Brazil. A suspected ISIS-finance cell associated with an Egyptian jihadist in São Paulo has been profiled by TRAC and is available here:

Islamic State Brazil : São Paulo Cell — (Islamic State / ISIS) — CELL PROFILE

In an operation called Menzad, 18 search warrants were issued to halt the Alameddine family’s fraudulent activity in money transfers suspected of supporting ISIS. It included the arrest of Egyptian Hesham Eltrabily, accused by Egypt of involvement in the 1997 Luxor Massacre.

Khaled Hussein Ali is yet another Lebanese transplant to Brazil of great concern in light of Islamic State’s growing influence. Although his affiliation with Al Qaeda reaches high into the organization, it is likely that his role in spreading propaganda and operating internet cafes in Vila Matilde has created fallow ground for Islamic State’s message in São Paulo and beyond.

Border Security and Soft Targets Concern

Border security has long been problematic for Brazil and its neighbors dealing with drug trafficking and militias. Additionally, the Rio Olympics present copious soft target opportunities for jihadist and other groups. Below are a map of the particularly vulnerable border region referred to as the Triple Frontier:

This area is relatively under-policed and concerns are that exploitation by Sunni jihadists would create fall-out with the Shia community, whose large mosques dot the Brazilian border facing Paraguay.