Category Archives: Department of Homeland Security

Judge Orders DoJ to Take Ethics Class

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He should have suspended their law licenses.

Hanen also ordered Attorney General Loretta Lynch to present a “comprehensive plan” to the court within 60 days about how to prevent future “unethical conduct.” And he ordered Lynch to notify the court within 60 days about steps she was taking to ensure the Office of Professional Responsibility—the DOJ office that oversees attorney conduct—was effectively policing lawyers within the department. “The court cannot help but hope that the new Attorney General, being a former United States Attorney, would also believe strongly that it is the duty of DOJ attorneys to act honestly in all of their dealings with a court, with opposing counsel and with the American people,” Hanen wrote. More at National Law Journal including the text of the Judge’s order.

Judge orders ethics classes for ‘deceptive’ DOJ attorneys

Examiner: A federal judge has ordered annual ethics classes for Justice Department attorneys as a punishment for being “intentionally deceptive” during litigation over President Obama’s executive immigration orders.

“Such conduct is certainly not worthy of any department whose name includes the word ‘Justice,'” U.S. District Judge Andrew Hanen wrote in a withering order released Thursday.

Justice Department attorneys misled the court about when the Department of Homeland Security would begin implementing President Obama’s executive order granting “deferred action” to illegal immigrants whose children are citizens. In doing so, they tricked the 26 states who filed a lawsuit into “foregoing a request for a temporary restraining order,” according to the judge.

The facts of the deception are not in doubt, Hanen emphasized. “[DOJ] has now admitted making statements that clearly did not match the facts,” he said in the May 19 opinion, first noted by the National Law Journal. “It has admitted that the lawyers who made these statements had knowledge of the truth when they made these misstatements … This court would be remiss if it left such unseemly and unprofessional conduct unaddressed.”

As punishment, Justice Department attorneys who wish to appear in any state or federal court within the 26 states that brought the lawsuit have to undergo annual ethics training. “At a minimum, this course (or courses) shall total at least three hours of ethics training per year,” he wrote.

In another case, such “egregious conduct” would lead him to strike the government’s pleadings, but Hanen decided not to take that step because the Supreme Court heard oral arguments in the case in April.

“The national importance of the outcome of this litigation outweighs the benefits to be gained by implementing the ultimate sanction,” Hanen wrote. “Striking the government’s pleadings would not only be unfair to the litigants, but also unfair, and perhaps even disrespectful, to the Supreme Court as it would deprive that Court of the ability to thrash out the legal issues in this case.”

Hanen cited multiple instances in which Justice Department attorneys claimed that Department of Homeland Security directive announced in November of 2014 would not be implemented until February 18, 2015, even though they knew that DHS had begun implementing a portion of the order that pertained to the original “deferred action for childhood arrivals” policy announced in 2012.

“Apparently, lawyers, somewhere in the halls of the Justice Department whose identities are unknown to this court, decided unilaterally that the conduct of the DHS in granting three-year DACA renewals using the 2014 DHS directive was immaterial and irrelevant to this lawsuit and that the DOJ could therefore just ignore it,” Hanen wrote. “Then, for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth about this DHS activity. The first decision was certainly unsupportable, but the subsequent decision to hide it from the Court was unethical.”

Hanen seemed to lament that he couldn’t disbar the attorneys involved, but he barred the out-of-state attorneys from enjoying the right to practice law in Texas.

“The court does not have the power to disbar the counsel in this case, but it does have the power to revoke the pro hac vice status of out-of-state lawyers who act unethically in court,” he wrote. “By a separate sealed order that it is simultaneously issuing, that is being done.”

Has Jeh Johnson of DHS Stood in Line at TSA?

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the TSA also cannot publicly point to many significant attacks thwarted at airport gates, leading experts to insist that its protocols should be considered largely ineffective.

Rafi Sela, president of international transportation security consultancy AR Challenges, said the agency’s nearly $8 billion budget is largely being misspent on a misguided model. Politico 

TheVerge: Security lines at airports around the US are growing longer and longer. And that’s infuriating airlines, airports, passengers, and our elected officials alike. The long lines at the TSA-staffed security checkpoints are delaying fights and causing people to miss their planes. But ironically, passengers and airlines — the two groups most affected — are the ones who can do the least about it.

“Logistically, we don’t have the opportunity to hold flights for hours,” Ross Feinstein, a spokesperson for American Airlines, said in an interview with The Verge. Passengers “get to the gate too late and they can’t get rebooked for days or a week. That’s our concern, the impact it’s having on our customers.” Naturally, frustrated customers take their anger out on airline employees or, increasingly, airline Twitter accounts. “We see it every day on social media. They’re very upset, and our employees are very concerned.”

 Related: Statement By Secretary Jeh C. Johnson On Inspector General Findings On TSA

But the airlines can’t fix the problem. Security lines are handled by the TSA and individual airports. The Port Authority of New York and New Jersey, which is in charge of JFK, LaGuardia, and Newark airports — three of the busiest in the country — recently sent a letter to the TSA urging it to fix the problems and threatening to use private security contractors to handle security screening.

hiring private contractors to handle screening isn’t a crazy idea

Hiring private security isn’t some crazy idea. Though most airport security checkpoints are manned by TSA agents, there are a handful of airports enrolled in the Screening Partnership Program (SPP), a TSA effort that allows private security contractors to screen passengers under federal supervision. It’s a program championed by Congressman John Mica (R-FL), a longtime TSA foe. There are nearly two dozen airports enrolled in SPP, including SFO in San Francisco, and Mica says it’s the way of the future.

“The TSA is destined to fail in its current structure,” Mica told The Verge. “It’s a huge bureaucracy.” The TSA is currently funded for 45,000 screeners, up from 16,000 when the Administration was formed in 2002. “We have 13,000 more administrative personnel, of which 4,000 are located within a few miles of the US Capital making an average of $104,000 per year. Incompetence highly paid, screeners not well paid.”

Mica says that TSA is staffed with government bureaucrats who have no incentive to execute well and are focused on “hassling innocent passengers.” He says the agency knows how many passengers will be passing through an airport checkpoint weeks in advance and that it still fails to “staff to traffic” — scheduling enough screeners to properly handle the number of passengers.

 Related: TSA, an ‘abominable failure’

His solution is to have TSA set protocols, requirements, and guidelines, and have private contractors handle the day-to-day passenger screenings. Both the Department of Defense and the Department of Energy use private security contractors at military bases and nuclear installations. If it’s good enough for nuclear plants, Mica asks, why isn’t it good enough for our airports?

getty tsaPhoto by John Moore/Getty Images

Unsurprisingly, not everyone in Congress agrees. One of them is Rep. Donald M. Payne, Jr. (D-NJ), who is on the House Homeland Security Subcommittee on Transportation Security and whose district includes Newark airport. “I think TSA is more than capable, if it has the manpower to do the job,” Payne told The Verge. “TSA, when given the manpower and proper utilization, has done an outstanding job and there has not been another attack on an American airport since TSA has been on the job.”

And that’s true. But luck may be playing a role. A leaked report showed that TSA failed to detect weapons and explosives 95 percent of the time in an internal Homeland Security test. A Homeland Security Inspector General’s report called an $878 million screening program, meant to detect suspicious behaviors at checkpoints, “expensive and ineffective.” That program reportedly failed to detect a single terrorist.

morale is a big problem at the TSA

It’s not easy to be on the front lines for the TSA agents either. “Morale is a big problem with the TSA. It’s a thankless job,” says Payne. “All you’re dealing with are people who arrive at the airport late, that want to move through the line expeditiously, and weren’t necessarily there when they should have been. But now they want the whole process to be expedited for their benefit. Sometimes it just doesn’t work that way.”

TSA, for its part, puts most of the blame on the increased number of passengers and on the fact that travelers use more carry-ons because of airline baggage fees. The airlines disagree. “There has not been a huge surge,” says Feinstein. “There are more people traveling, yes, but it’s around a 4 percent increase [over last year]. I don’t think anyone saw two-and-a-half hour wait times last summer. It’s not proportional. It doesn’t equate to a 500 percent increase in wait times.”

“Encouraging passengers to check more bags will not help and would actually exacerbate current checked baggage screening issues that are resulting in passengers missing their connections and having their bags delayed,” said Melanie Hinton, a spokesperson for Airlines for America, an industry trade group. “Even at Midway [Airport in Chicago], served predominantly by an airline that doesn’t charge bag fees, wait times are in excess of 90 minutes, further demonstrating that this problem is not a result of bag fees,” she said. (Southwest Airlines, the largest carrier at Midway, doesn’t charge fees for checked baggage.)

TSA refused our requests for an interview.

the entire industry is frustrated

Some airlines are trying to ease the dire situation by deploying their own forces. American Airlines, for example, has assigned employees to help manage non-screening functions at security checkpoints in an attempt to free up more TSA employees for screening. They’re handling things like telling flyers to remove their shoes or throw out water bottles, as well as moving plastic trays from one end of the security line to the other. But that’s only a short-term solution, and something of a last-ditch attempt at that.

“The entire industry is frustrated,” says Feinstein. “We have issues at DFW, LAX, Denver, Newark. It’s not isolated to a hub, it’s across the board.”

The situation isn’t likely to improve any time soon. Peak travel season begins around Memorial Day and really gets going in mid-June. “This isn’t even peak summer and we can’t rebook passengers on these flights,” Feinstein says. What we’re seeing with the long lines “really does concern us.”

Hey State Dept. What’s the Hurry?

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Office of the Spokesperson
Washington, DC
May 19, 2016

Terrorist Designations of ISIL-Yemen, ISIL-Saudi Arabia, and ISIL-Libya

U.S. State Department: The Department of State has announced the designation of the Islamic State of Iraq and the Levant’s (ISIL’s) branch in Libya (ISIL-Libya) as a Foreign Terrorist Organization under section 219 of the Immigration and Nationality Act (INA). Today, the Department is also simultaneously designating ISIL-Libya, along with the ISIL branches in Yemen and Saudi Arabia, as Specially Designated Global Terrorists under Section 1(b) of Executive Order (E.O.) 13224, which imposes sanctions and penalties on foreign persons that have committed, or pose a serious risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.

The consequences of the FTO and E.O. 13224 designations include a prohibition against knowingly providing, or attempting or conspiring to provide, material support or resources to, or engaging in transactions with, these organizations, and the freezing of all property and interests in property of these organizations that is in the United States, or come within the United States or the control of U.S. persons. The Department of State took these actions in consultation with the Departments of Justice and the Treasury.

ISIL-Yemen, ISIL-Saudi Arabia, and ISIL-Libya all emerged as official ISIL branches in November 2014 when U.S. Department of State-designated Specially Designated Global Terrorist and ISIL leader Abu Bakr al-Baghdadi announced that he had accepted the oaths of allegiance from fighters in Yemen, Saudi Arabia, and Libya, and was thereby creating ISIL “branches” in those countries.

While ISIL’s presence is limited to specific geographic locations in each country, all three ISIL branches have carried out numerous deadly attacks since their formation. Among ISIL-Yemen’s attacks, the group claimed responsibility for a pair of March 2015 suicide bombings targeting two separate mosques in Sana’a, Yemen, that killed more than 120 and wounded over 300. Separately, ISIL-Saudi Arabia has carried out numerous attacks targeting Shia mosques in both Saudi Arabia and Kuwait, leaving over 50 people dead. Finally, ISIL-Libya’s attacks have included the kidnapping and execution of 21 Egyptian Coptic Christians, as well as numerous attacks targeting both government and civilian targets that have killed scores of people.

After today’s action, the U.S. Department of State has now sanctioned eight ISIL branches, having previously designated ISIL-Khorasan, ISIL-Sinai, Jund al-Khilafah in Algeria, Boko Haram, and ISIL-North Caucasus. Terrorism designations are one of the ways the United States can expose and isolate organizations and individuals engaged in terrorism, impose serious sanctions on them, and enable coordinated action across the U.S. Government and with our international partners to disrupt the activities of terrorists. This includes denying them access to the U.S. financial system and enabling U.S. law enforcement actions.

SCOTUS: Illegals can be Deported for Minor Crimes

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High court rules non-U.S. citizens can be deported if convicted of minor crimes

WASHINGTON (AP) –  The Supreme Court is making it easier for the government to deport or otherwise remove people who are not U.S. citizens if they are convicted of seemingly minor state crimes.

The justices ruled 5-3 Thursday that a man who spent 23 years living in New York as a lawful permanent resident can be barred from re-entering the country because of a 1999 conviction for attempted arson.

George Luna Torres had served one day in prison and five years of probation after pleading guilty in state court but otherwise had a clean record since his parents brought him into the country from the Dominican Republic in 1983.

But the government argued that the state law conviction was equivalent to an aggravated felony for purposes of immigration law.

Under immigration law, a lawful permanent resident can be deported or denied re-entry to the United States after being convicted of an aggravated felony. Those offenses include certain federal crimes as well as state offenses that share the same elements.

Luna argued that the federal crime of arson is different from the state version because it must involve interstate commerce.

Writing for the court, Justice Elena Kagan said that is simply a technical difference needed to give Congress authority over arson crimes and not a meaningful distinction. She said Luna’s argument would also exclude more serious state crimes, such as kidnapping, from affecting immigration status simply because a kidnapper failed to cross state lines.

“The national, local or foreign character of a crime has no bearing on whether it is grave enough to warrant an alien’s automatic removal,” Kagan said.

In dissent, Justice Sonia Sotomayor said the majority was ignoring a strict textual reading of the federal law, which includes interstate commerce as part of the crime.

“An element is an element, and I would not so lightly strip a federal statute of one,” Sotomayor said.

She was joined by Justices Clarence Thomas and Stephen Breyer. *****

Mexican Airline Offering Migrants Free Airfare to Texas Border

Two foreign airline companies have begun offering steep discounts to Cuban migrants–set for border crossing into western Texas–as thousands rush to the United States in the aftermath of thawing relations with the communist island. Children under age 11 fly free of charge.

The Panamanian government confirmed to the Associated Press Wednesday that Panama City-based Copa Airlines and Mexico’s Global Air are now offering roughly 30 percent discounts for adult Cuban migrants hoping to cross into the United States with children enjoying complimentary seats. Since May 9, the airlines have reported that almost 2,500 have been shuttled to Ciudad Juarez for easy crossing into El Paso thereafter. An estimated 1,300 await flights booked in the weeks ahead under the promotion. More here from Breitbart.

****

Immigrants must pass stringent eligibility requirements in order to naturalize.  Naturalization is not an easy process.  In order to become a U.S. citizen, an immigrant must:

  • First reside in the United States continuously for five years as a Legal Permanent Resident (three years in the case of the spouse of a U.S. citizen).
  • Be of “good moral character,” as determined by a criminal background check with the FBI.
  • Be proficient in spoken and written English.
  • Demonstrate a basic understanding of U.S. government and history.
  • Take an Oath of Allegiance to the United States, its Constitution and laws, and renounce allegiance to any other nation.

Latino immigrants applying for U.S. citizenship in record numbers thanks to Trump

Donald Trump’s presidential campaign may actually be empowering the Latino vote.

No, really. At least that’s what a number of non-profit organizations and even the White House are working toward.

The Republican candidate’s harsh words toward immigrants and repeated campaign promises to deport millions of undocumented people and build an impermeable wall along the U.S.-Mexico border immediately propelled him to the front of the GOP pack, but it’s also driving a larger number of immigrants than usual to seek U.S. citizenship – and have a voice in whether or not Trump wins the White House this November.

Hortensia Villegas is a Colorado mother of two who immigrated from Mexico legally nearly 10 years ago. She never felt the need to become a citizen, she told the New York Times, until Trump rose in the polls.

“I want to vote so Donald Trump won’t win,” Villegas, 32, told the paper at a Denver union hall where volunteers were helping hundreds of immigrants to fill out citizenship applications. “He doesn’t like us.”

And Villegas is not alone. Her sister and parents, as well as the parents of her husband – Miguel Garfío, who is a U.S. citizen by virtue of having been born in Colorado –are part of the crush of Latino immigrants who are trying to naturalize in time to vote this year.

Applications for citizenship were up in the six months through the end of January by 14 percent over the same time frame the previous year, the Times reported. Activists say that the numbers are growing by the week, estimating that the total applications for fiscal year 2016, which lasts until the end of September, could wind up close to a million.

That’s a 20 percent increase over previous years.

Traditionally, Mexican immigrants have sought citizenship at lower rates than others – according to Pew Research Center data, 36 percent of eligible Mexicans in recent years have become citizens, compared to 68 percent of immigrants overall.

That may be changing, thanks to Trump.

FoxLatino: Maria Polanco, a Honduran migrant who has lived in Nevada for 26 years but is only now applying for citizenship, told the Guardian recently, “We [immigrants] are not perfect, but the majority of us are not what Donald Trump says. We came looking for better opportunities for us and our kids. My great pride is that my daughter graduated from college – I don’t think she could’ve done that in my country.”

“People who are eligible are really feeling the urgency to get out there,” Tara Raghuveer, the deputy director of the National Partnership for New Americans, told the Times. “They are worried by the prospect that someone who is running for president has said hateful things.”

“This is a big deal,” Jocelyn Sida of Mi Familia Vota, told the Guardian. “We as Latinos are always being told that we’re taking jobs or we’re anchor babies, and all these things are very hurtful. It’s getting to the point where folks are frustrated with that type of rhetoric. They realize the only way they can stop this is by getting involved civically.”

Labor unions and NGOs like the National Partnership are the main actors providing assistance to those of the 8.8 million non-citizen immigrants who may want to naturalize, but they are not alone.

The White House launched a national campaign in September to help people apply for citizenship, setting up “citizen corners” at public libraries and recruiting prominent immigrants like 1980s pitching star Fernando Valenzuela and Spanish chef José Andrés for ads.

Last week, $10 million dollars in federal grants were promised to NGOs helping immigrants through the application process.

Many conservatives see it as a blatant effort to expand Democratic support in battleground states with large numbers of immigrants like Florida, Colorado and Nevada.

“I certainly don’t care what party they register with; I just want them to become citizens,” said Leon Rodriguez, director of the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS), told the times.

The candidate himself has long suggested that he’ll win the Latino vote, and his campaign spokesperson, Hope Hicks, told the Times, “No one will benefit more from Mr. Trump’s pro-worker immigration reforms than the millions of immigrants who already call America home.”

Mary Victorio, 22, a Mexican-born student at the University of Colorado Denver, told the newspaper that while she didn’t support him politically, she was grateful to Trump. “He gave us that extra push we needed to get ready to vote, to prove to people who see us negatively they are wrong.”

The Ferguson Effect is Real

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FBI Director James Comey described what is happening across the country to law enforcement and he called it the Ferguson Effect. Police have backed off due to threats, retribution by the left and organizations and to for sure save their own lives. The criminals have weapons and they have a deadly objective.

 

Washington, D.C. May 16, 2016
  • FBI National Press Office (202) 324-3691
FBI Releases 2015 Preliminary Statistics for Law Enforcement Officers Killed in the Line of Duty

Preliminary statistics released today by the FBI show that 41 law enforcement officers were feloniously killed in the line of duty in 2015. This is a decrease of almost 20 percent when compared with the 51 officers killed in 2014. By region, 19 officers died as a result of criminal acts that occurred in the South, nine officers in the West, five officers in the Midwest, four in the Northeast, and four in Puerto Rico.

By circumstance, eight officers were investigating suspicious persons/circumstances; seven were engaged in tactical situations; six officers were conducting traffic pursuits/stops; four were killed as a result of ambushes (entrapment/premeditation); three officers were killed as a result of unprovoked attacks; three died from injuries inflicted while answering disturbance calls (all three being domestic disturbance calls); three officers were killed while answering robbery in progress calls or pursuing robbery suspects; two were handling, transporting, or maintaining custody of prisoners; two officers were handling persons with mental illness; one sustained fatal injuries while performing an investigative activity; one was answering a burglary in progress call or pursuing a burglary suspect; and one officer was killed while attempting other arrest.

Offenders used firearms in 38 of the 41 felonious deaths. These included 29 incidents with handguns, seven incidents with rifles, one incident with a shotgun, and one incident in which the firearm type was not reported. Three victim officers were killed with vehicles used as weapons.

Thirty of the 41 killed officers were confirmed to be wearing body armor at the times of the incidents. Six of the 41 slain officers fired their own weapons, and six officers attempted to fire their service weapons. Three victim officers had their weapons stolen; three officers were killed with their own weapons.

Forty-one victim officers died from injuries sustained in 38 separate incidents. Thirty-six of those incidents have been cleared by arrest or exceptional means.

An additional 45 officers were killed in 2015 in line-of-duty accidents, which include officer deaths that are found not to be willful and intentional. This total is the same number of officers who were accidentally killed in 2014. By region, 29 officers died due to accidents in the South, six in the Midwest, five in the Northeast, and five in the West.

Twenty-nine of the officers died as a result of automobile accidents, seven were struck by vehicles, and four were fatally injured due to motorcycle accidents. Two of the 45 officers were killed from accidental shootings, one from an aircraft accident, one due to a fall, and one from an all-terrain vehicle accident.

Of the 29 officers who died due to automobile accidents, 18 officers were wearing seatbelts. Eight officers were not wearing seatbelts (four of whom were ejected from the vehicles), and seatbelt use was not reported for three of the officers who were killed due to automobile accidents.

Final statistics and complete details will be available in the Uniform Crime Reporting Program’s publication, Law Enforcement Officers Killed and Assaulted, 2015, which will be published on the FBI’s Internet site in the fall.