Telegram App Moves Terror Money Globally

Mixing the good with the bad. Founderscode.com has previously posted about Telegram, the phone app, where Islamic State was using it for communications due to end to end encryption. Today, TRAC Insight took a deeper dive. A recommendation to smart phone users, think twice about using this app.

TRAC Insight: Massive Migration to Telegram, the new Jihadist Destination

October 30, 2015 from TRAC Insight
Submitted by

Veryan Khan
Brian Watts
Bethany Rudibaugh
Cat Cooper

 

Introduction

The roller coaster of social media suspensions and removed jihadi content is well documented. However, the jihadis’ struggle to keep up with the relentless suspensions and removal of jihadi social media content, may have finally run its course. The new frontier of jihadi communication is taking place on a recently launched tool, in a messaging platform that has revolutionized the social media sphere, and at least for now put an end to any watchdog oversight.

This TRAC project does not merely document that many groups have shifted to Telegram, it describes how they operate on Telegram.  The following report is divided into three sections:

  • Jihadi Infrastructure on Telegram,
  • Money Transferring on Telegram, and
  • Cross Section of TRAC’s Telegram Archives.
The New Virtual Underground Railroad

Telegram was created as a free, encrypted, messaging application that guarantees both privacy and never to delete accounts. On September 22, 2015, Telegram introduced a new feature, called “channels”  – it is this new feature that has been enthusiastically embraced by many militant groups, becoming an underground railroad for distributing and archiving jihadi propaganda materials. Moreover, Telegram’s chat feature continues to be essential to both the recruiting and money moving activities.

For More on TRAC Insight: Adaptation Strategies in the Islamic State Twitter War

For More on TRAC Insight: Google Plus- Hidden Passage to Recruitment

Not a Fad

Though TRAC has seen sporadic attempts to jump to other social media platforms by many different militant groups worldwide, we have good reasons to believe this is an actual resettlement — a grassroots movement to shift communication styles. The usual pattern of initial attempts to transit from a mainstream social media outlet like Twitter, to another social media platform for covert communications is: initial patchy use; followed by a dropping off of content; then, ultimately becoming a “back-channel” for propaganda when all other media outlets are unavailable for one reason or another. This current migration to Telegram looks nothing like the past attempts to move from the more mainstream social media platforms like Twitter.  The sheer scale and momentum of the Telegram migration is hard to fathom. The force of the numbers using Telegram channels is staggering, watching hundreds of new members in an hours’ time; thousands coming on in over a few days is commonplace for many channels.

Membership in Elite Messaging: Telegram Channels

Since it went live on August 14, 2013, the messaging application Telegram has seen major success, both among ordinary users as well as jihadis; but it wasn’t until their launch of “channels” in September 2015, that TRAC began to witness a massive migration from other social media sites, most notably Twitter.

Advantages
  • Channels work like Twitter on steroids, you become a member, and then you are automatically updated anytime a new item appears on a channel. No need to check it every minute of the day; it simply pings you when new information is available. Only the channel administrator can post to the channel but as a user you can forward any message they post to any one of your contacts. Administrators of one channel can also forward content from a channel they visit to the one they administer.
  • Since many people were already using Telegram as a messaging application, the proliferation of messages on channels spreads like a virus. Often you will see a channel that has very few members but the posted messages will have 1,000s of views.
  • Any medium of any file size can be included in a channel message and then downloaded from by channel visitors or users, avoiding pesky YouTube or Just Paste It deletions. You do not have to join a channel to access messages or download content.
  • Telegram is nimble in use; one can ‘be on-the-go’ so to speak and access their account in many different ways. Telegram can be loaded to your mobile device or used as an application on your laptop or can simply be seen on the internet from any type of browser.  One can also log into all points of access simultaneously.

TRAC’s Archive

TRAC has archived 200+ major, mainstream jihadi channels. While many of the channels have Islamic State affiliations, there are an increasing number of channels from other major players in the global jihadi world. From al Qaeda in the Arabian Peninsula (AQAP) to Jabhat al-Nusra (JN) to Ansar al-Sharia in Libya (ASL) to Jaysh al-Islam, the rate of membership escalation for each discrete channel is staggering. Within a week’s time, one single Islamic State channel went from 5,000 members to well over 10,000 members. Though it is unclear if what is commonly referred to as “the ISIS fan club” will migrate to Telegram, what is clear is that the hard core disseminators already have.

Jihadi Infrastructure

Nearly half the channels TRAC has archived belong to the Islamic State. Many of them have thousands of members, who seem to regularly access the posted message; messages in these channels get at many as 6,000 views in real time. Therefore, the Islamic State channels are the best example of how jihadis are currently using (and will continue to develop) Telegram as both an operational theater, and as a repository. The Islamic State has begun to create channel infrastructure and templates for each type of content in at least 12 different languages. The notorious Nashir (alternative: Nasher) distribution network has the most distinct matrix within Telegram. Languages include: Arabic, Bengali, Bosnian, English, French, German, Indonesian, Italian, Kurdish, Russian, Turkish, and Urdu.

Planning for the Future

There is also evidence that the Islamic State considers Telegram a permanent part of its future. Their most popular website for video distribution, ISDARAT, has five distinct Telegram channels, each with a corresponding new website that contains different content, tailor-made to its Telegram channel. ISDARAT is well-known and its website is constantly shut down by authorities or vigilante attacks. Thousands of twitter profiles include one version or another of the oft-changing URL. With Telegram’s promise of permanence, and the ability to transfer any type of file via a channel, ISDARAT no longer needs to play hide and seek with its followers.

Protected Repository

Telegram is not just a tool for file sharing but rather it has become “the protected repository” of resources for the Islamic State. The images that follow include the info page for Khilafah News, which shows the number of shared media resources available, as well as a page of both the video and file listings for that channel.

Click to Enlarge
Click to enlarge                             Click to enlarge                      Click to enlarge 

Screen shots (above): Khilafah New’s Telegram feed nearly one month after establishment. As of 28 October 2015: 1,875 photos shared; 71 video files; 130 data files; 14 voice messages; 816 shared links.

For More on TRAC INSIGHT: Media Outlets of Islamic State

Creation and Background

Image: Screen shot of Telegram’s features, note look very much like Monopoly characters.

The Brothers Durov

Telegram was created by two Russian brothers, Pavel and Nikolai Durov. Pavel is the financial and visionary figure of the company, while Nikolai specializes in the technical and programming aspects. However, Telegram’s website states that the company is actually based in Berlin and holds no geographical or litigious ties to Russia.[1]

The company describes Telegram as an application that serves as a fusion between text messaging and sending e-mails. This is not to say that Telegram offers an e-mail component, rather that the design of the application is one that blends the functions of text messages and e-mails.[2] Furthermore, Telegram is a free service and currently operates as a nonprofit company. It is financed by Pavel Durov’s fund Digital Fortress.[3]

Security

Privacy and security are Telegram’s primary attraction to potential users and are a key reason for its widespread adoption. The company has been seemingly effective in riding the wave of privacy scares following Edward Snowden’s revelations regarding government encroachment on privacy. Notably, Pavel Durov publicly offered Snowden a job, an offer he declined.[4]

For More on Three Insider Leaks

Privacy

Telegram’s website highlights the services’ stance on internet privacy. It states, “At Telegram we think that the two most important components of internet privacy should be:

  1. Protecting your private conversations from snooping third parties, such as officials, employers, etc.
  2. Protecting your personal data from third parties, such as marketers, advertisers, etc.”[5]
Keeping Russian Eyes Off

Pavel Durov later echoed these sentiments when he stated that the prime motivation for creating Telegram was to establish a means of communicating that cannot be accessed by “the Russian security agencies.”[6] It is important to note that Telegram’s target market is a generation that grew up on social media and who currently have a heightened awareness of privacy issues.

End-to-End Encryption

The application boasts about its end-to-end encryption and the fact that its programming is not veiled, but is open-source and available to users. Telegram is so confident in its encryption that it has offered $300,000 rewards to the first individual to crack the encryption.[7] In an interview with TechCrunch, Pavel Durov stated that the encryption has not been cracked, but a developer received $100,000 for discovering a significant vulnerability.[8] Nevertheless, skeptics state it is only a matter of time before Telegram’s encryption system is breached.

User Information is Stored

Telegram provides an environment that is genuinely respectful of the user’s privacy, as opposed to other major social media and internet services such as Facebook and Google. Telegram posits that merely offering users options to make their posts or information “private” does not mean that the information itself, which is shared through given service, is protected. Conversely, Telegram argues that many sites use these methods to quell users’ privacy concerns, but user information is stored, “mined” for targeted advertising and remains prone to being shared with third parties.[9]

Self-Destruct Feature

The “self-destruct” option is particularly useful for those who move around a lot and forget passwords or have limited use of the internet for long periods of time. There are privacy settings for each individual account that can either set messages to self-destruct after a certain period of time (see Secret Chat below) or accounts to self-destruct after chosen periods of inactivity.

Channels

On September 22, 2015, Telegram announced channels as a way for users to “broadcast” their postings to a wide audience.[10] Prior to adding channels, Telegram served groups of up to 200 people using a broadcast feature to share information. Although Telegram is adding functionality to channels, it appears that the biggest attractions of the channel feature has been its feature of having an unlimited number of members, as well as non-member access to channel content.

Not surprisingly, the channel feature has become quite popular with jihadis. Although Telegram is still technically a messaging application, channels allow users to produce and share content with ever-growing audiences.

Downloads

The messaging only version of Telegram was enormously popular in the Middle East.  In December 2013, merely four months after Telegram’s launch, it was reported that users in the Middle East downloaded Telegram over 100,000 times in one day. This surge dwarfed previous Telegram downloads in the Middle East that had been approximately 2,000 per day.[11] Clearly not all of its earlier users in the Middle East were jihadis, especially since the militant and political ecosystem of the region is vastly different today than it was at the end of 2013. Nevertheless, the it has proven to be very attractive as an outlet for jihadi propaganda.

Promoting your Channel

Many of the larger jihadi channels have attracted thousands of members, and the view count for each message suggests some channels are visited more by non-members than by members. At least three channels have well over 10,000 members. Back on Twitter, Twitter account holders are pushing their followers to Telegram – they tweet and retweet information about how to get the Telegram app and which channels to join. Others on Twitter have implored their followers to join their Telegram channels. They rarely state that they are motivated by their next, imminent suspension.  But for followers who repeatedly search for “shout-outs” that point them to the new accounts of their favorite jihadis, the reason to switch to Telegram is apparent.

An Islamic State Nashir channel posted an infographic on how to spread material from a channel.

The image announced: “To support the channel, do not copy published material but follow these steps:

  1. Choose the desired post
  2. Press ‘Forward’
  3. Then choose the future recipient”

Transferring Funds

A Virtual Hawala System

Secret Chats

It has always been possible to transfer funds via text message – by using services that just require a person to establish their identity and provide a transaction number. Telegram makes that type of exchange more appealing because the encryption and self-destruct features of the “Secret Chat” limit access to the information. And for even more anonymity, bitcoin and other crypto-currencies don’t even require that an individual establish there identity.

Untraceable

Law enforcement agencies have been emphasizing the potential for bitcoin to be used in all manner of criminal enterprises. But in the US, by obtaining a warrant, they are typically able to get data from unencrypted conversations. Telegram has asserted that they will not comply with such warrants – that private conversations are private. However, even if Telegram changes its policy to allow warrant access, the Secret Chat function deletes any information passed via the self destruct feature making it the virtual Hawala system of Telegram.

For More on Cyber Crime Nexus: Liberty Reserve, Freedom Hosting and Silk Road

For More on Concealment Practices Among Cybercriminals & Terrorists

Using ‘Bots’

In addition to transactions that involve merely exchanging information, there are bots designed to facilitate the actual transfer of crypto-currency. The most publicized is Julia – an app dependent bot developed by GetGems to move funds to and from Coinbase accounts (Coinbase is a bitcoin “bank”).

The Telebit Bot

Another well-established bot – that operates entirely within Telegram – is Telebit. It is accessed by searching Telegram to find the bot (by entering “telebit” in the search box, then selecting @Telebit (Telebit Sender). The result looks like an empty chat, but as shown in the following images, sending the message “help” produces all of the information needed to access all the Telebit functions.

   

Creating Bots

Telegram encourages individuals to create new bots and there are already quite a few of these fund-transfer bots. The following Tweet is from the creator of another Telegram bot, who has developed a way to transfer the bitcoin value of phone minutes via a Telegram chat.

Numerous Outlets for Asset Transfer on Telegram

There are undoubtedly numerous other bots and informal fund transfer systems operating on Telegram. The use of Telegram and other messaging applications to transfer funds (and other assets of value) is expected to be a rapidly changing environment that will require constant monitoring. TRAC will provide regular updates regarding the rapid adoption of Telegram, as well as changes in the way it is utilized in support of terrorist communication and operations.

Cross Section of TRAC’s Archive

TRAC’s archive is consistently expanding, the 200+ channels have an estimated 150,000 ever-increasing total membership levels. The following is a cross-section of some of the more interesting accounts from the archive.

Image: 07 October 2015, Screen shot of Tweet advertising AQAP’s Telegram channel.

Must Be Directed to Channel Addresses

Its very important to note that Telegram channels are not easy to just “stumble upon,” account names are case sensitive and there is no autofill function to help one search for channels. Jihadis have been passing Telegram channel “addresses” so to speak a number of ways, advertising on Twitter accounts, advertising on specific Blogs like https://ansarukhilafah.wordpress.com/news-sources/, or advertising on specific websites like ISDARAT (mentioned above in Infrastructure section). Because Telegram was already widely used as an encrypted messaging application, it can be assumed that direct messaging was the initial way to spread new channel accounts. Like Twitter, the hash tag #function is operational on Telegram but the hashtags only work if you already subscribe to a channel.

Telegram Channel

Affiliation

Membership 10.29.2015

Icons

IS_new_2 IS 9,904
IS_new IS 3,310
a3maqagency IS 10,672
nasherislamicstate IS – Arabic 11,195
Is_news_ru IS – Russian 2,410
nashirislamicstateDE IS – German 401
nashirislamicstateBN IS – Bengali 240
nashirislamicstateINA IS – Indonesian 1,451
nashirislamicstateEN IS – English 1,264
nasherislamicstateFR IS – French 424  
nashirislamicstateKURDI IS – Kurdish 111  
nashirislamicstateIT IS – Italian 4
nashierislamicstateBOS IS – Bosnian 275
nasherislamicstateTR IS – Turkish 287
nashirislamicstateUR IS – Urdu 15  
isyemen IS – Yemen 858  
ICA_ES IS – Hacking 847  
DabiQ IS 3,337
isdarat_News IS 786
isdarat1 IS 2,709
isdarat_is IS  521
isdaraty IS 615
isdarat_islamicstate IS 1,319
KhilafahNews IS 1,787
FURSANUpload IS 3,349
Nashr4k IS 1,112
azalkelafa11 IS 1,895
DarAlislam IS 1,015
AQAPTV AQAP 2,760
Rayareporter ASL 726
allewaa6 FSA 25
AlnasarArmy Al-Nasar Army 185
jaishalislam01 Jaysh al-Islam 2,047
GIMF_Channel AQ aligned 1,072
doaat Varied 6,369
JihadnewsCh Varied 6,579
mujahednews Varied 2,203
almonaseronn Detainees 3,009
sawtaljihad Varied 1,370  
KhilafahTree IS 1,093

 


[1] https://telegram.org/faq (Access Date: October 21, 2015).

[2] Ibid.

[3] Ibid.

[4] http://www.nytimes.com/2014/12/03/technology/once-celebrated-in-russia-programmer-pavel-durov-chooses-exile.html?_r=0)

[5] https://telegram.org/faq (Access Date: October 21, 2015).

[5] http://techcrunch.com/2014/02/24/telegram-saw-8m-downloads-after-whatsapp-got-acquired/ (Access Date: October 21, 2015).

[6] https://telegram.org/crypto_contest (Access Date: October 21, 2015).

[7] http://techcrunch.com/2014/02/24/telegram-saw-8m-downloads-after-whatsapp-got-acquired/ (Access Date: October 21, 2015); https://telegram.org/blog/crowdsourcing-a-more-secure-future (Access Date: October 21, 2015).

[8] [8] https://telegram.org/faq (Access Date: October 21, 2015).

[9] https://twitter.com/telegram/status/646268856684707840 (Access Date: October 21, 2015).

[10] http://techcrunch.com/2013/10/27/meet-telegram-a-secure-messaging-app-from-the-founders-of-vk-russias-largest-social-network/ (Access Date: October 21, 2015).

[11] https://news.bitcoin.com/getgems-joining-telebit-bringing/ (Access Date: October 28, 2015)

Illegal Immigrant Crime in U.S. Censored by Media

Attkisson: Illegal Immigrant Crime ‘Self-Censored’ By Media, Most Would Be ‘Surprised’ At How Large Problem Is

From Breitbart: “Full Measure” host Sharyl Attkisson said, “most Americans would be very surprised to hear how large the problem” of crimes committed by illegal immigrants is and “many in the media have self-censored the topic” on Friday’s “O’Reilly Factor” on the Fox News Channel.

Attkisson stated, “I think most Americans would be very surprised to hear how large the problem is, of illegal immigrants who come here, not talking about the law-abiding, deserving citizens we hear about a lot, but the ones who go on to commit felonies in the United States, and then the subset of tens of thousands who nonetheless are then rereleased back into the US where they go on to commit more serious crime, including thousands of murders — or hundreds of murders and thousands of rapes, over just a two year period.”

She added, “we discuss in the piece the theory on the part of victims’ families, that both Democrats and Republicans have a vested interest in the dysfunctional system as is, and because they are motivated by their interest and special interests, they are being told or asked not to address, even this subset of the population, the ones who commit serious crime.”

When asked what the Republican interest is, she responded, “The victims’ families believe they’re just bowing to special interests, because they don’t want to crack down on the problem at all, because they get cheap labor.”

Attkisson said she knows she’ll be accused of racism for running the story, but, “That’s why we’re doing the story. We know that this is a very important issue on the minds of many Americans, but that many in the media have self-censored the topic even though it’s significant for the public, and our show is all about bringing forth facts that others don’t want you to hear.”

Attkisson stated that while the show will air on CBS “in many markets,” she doubts that her former employer would have run the piece.

Extorting $2 Million from VA and Pleading the 5th

And so, once again, where is VA Secretary Robert McDonald? Oh, he only agreed to 5 recommendations and they are rather thin on solutions or substance. The shame continues, this agency needs to be turned over to the FBI for full agency wide investigations and a special prosecutor needs to be assigned.

The VA Deputy Secretary agreed to:

 Review and make improvements to request and approval processes related to VA’s PCS Relocation program.  Consult with the Office of General Counsel to determine whether bills of collection should be issued to VBA Senior Executives for improper relocation expense reimbursements and unjustified relocation incentives.  Consult with the Office of General Counsel to determine what actions may be taken to hold the appropriate Senior Officials accountable for processing and approving payments of unjustified relocation incentive payments.  Confer with the Office of Human Resources and Administration, the Office of Accountability Review, and the Office of General Counsel to determine the appropriate administrative action to take, if any, against several VBA Senior Executives.

The OIG’s results demonstrate a need for VA to strengthen controls and oversight over the use of these funds to improve the financial stewardship of taxpayer’s funds.

 

VA officials plead the 5th, refuse to testify

Iran Arrests Another U.S. Resident, Stating He is a Spy

Anyone really wonder if there is a legitimate exit clause from the P5+1 JPOA? Since a deal was declared, there have been countless reasons to terminate the deal and reconstitute the entire sanctions architecture and program.

Per the website: IJMA3 was formed with the belief and determination that it will accelerate the process of development in the Arab countries since it links the most prominent ICT associations of the region together. As a uniting platform of the Arabic ICT private sector, IJMA3, through establishing a clear vision of IT in the region, overcoming barriers, initiating projects and events, and providing coordination and cooperation between the different country members, will help the Arab world grab its endless ICT opportunities to improve development whether social, economic, political, or other in the very near future.   Working closely with the United Nations, more details here.

Iran state media claims another U.S. spy arrested

CBS: TEHRAN, Iran – Iranian state television on Tuesday claimed that a Washington-based Lebanese citizen missing in Tehran since September is actually an American spy now in the custody of authorities.

The state TV report is the first official word about Nizar Zakka, who holds permanent-resident status in the U.S. It comes as four Americans are known to be held by Iranian authorities after the Islamic Republic struck a nuclear deal with world powers.

Zakka disappeared Sept. 18 while visiting Tehran for a state-sponsored conference, according to a statement from the Washington-based group IJMA3-USA, which advocates for Internet freedom across the Middle East. Zakka was last seen leaving his hotel in a taxi for the airport to fly to Beirut, but he never boarded his flight, according to a statement last week signed by Lebanese lawyer Antoine Abou Dib.

Reached Tuesday by The Associated Press, Abou Dib said he had not heard of the Iranian claim and declined to immediately comment. IJMA3-USA did not immediately return a request for comment. Lebanese officials couldn’t be immediately reached for comment.

The state TV report claimed Zakka had “deep links” with U.S. intelligence services and its military. It also aired a still photo of men in U.S. Army-style uniforms, claiming Zakka was one of the men.

It wasn’t immediately clear if Zakka ever served in a military. However, Riverside Military Academy of Gainesville, Georgia, lists Zakka as an alumnus on its website and describes him as “an internationally recognized expert in information and communications technology (ICT) policy.” It said he graduated from the academy in 1985 and later earned bachelor’s and master’s degrees in computer science from the University of Texas.

A spokeswoman for Riverside Military Academy referred questions to Jim Benson, the school’s president. He did not immediately respond to a request for comment.

Zakka’s disappearance comes as hard-liners in Iran remain opposed to a detente with the U.S. in the wake of the nuclear deal. That agreement reached earlier this year promises lifting crippling economic sanctions in exchange for curbs on its nuclear program.

Iranian hard-liners are opposed to moderate President Hassan Rouhani’s strategy of trying to improve ties with the West. Internal domestic struggles over the direction of Iran appear to be intensifying ahead of February’s parliamentary elections.

CBS News correspondent Elizabeth Palmer reports this is the second-such arrest of someone with American connections this month in Iran. The other one was a business consultant based in Dubai who was very keen to re-establish economic links with the U.S. when sanctions are lifted. Both men arrested had the support of President Rouhani and his reform-minded government.

There also may be another plan: in August, Iranian media began quoting officials discussing the possibility of swapping Americans detained in Iran for 19 Iranians held in the U.S. It’s unclear, however, whether that’s been seriously discussed between Iranian and U.S. officials.

Americans held in Iran include Washington Post journalist Jason Rezaian, an Iranian-American convicted of charges including espionage in a trial widely criticized by the Post and free press groups. Others include former U.S. Marine Amir Hekmati, who holds dual Iranian and American citizenship and was arrested in August 2011, and Saeed Abedini, a pastor from Boise, Idaho, who was convicted in 2013 of threatening Iran’s national security by participating in home churches.

The U.S. also says it has asked for the Iranian government’s assistance in finding former FBI agent Robert Levinson, who vanished in 2007 while working for the CIA on an unapproved intelligence mission. Iran has said in the past that it has no information on Levinson, though it did not rule out helping in the case.

Obama’s Secret Retreat to Defy Texas Judge Ruling

This clandestine meeting took place about June of 2015. Those in attendance is undetermined. The 8 page memo is here. Obama Secret Meeting

Leaked DHS memo shows Obama might circumvent DAPA injunction

TheHill: A newly leaked internal DHS memorandum produced for an off-the-record agency conclave reveals that the Obama administration is actively planning to circumvent a federal court injunction that suspended part of last November’s deferral-based amnesty initiative. The document, apparently prepared as follow-up from a DHS “Regulations Retreat” last summer, appears sure to re-ignite concerns in Congress as well as federal judges in the Fifth Circuit. The Administration has already been criticized from the bench for handing out work permits to hundreds of thousands of deferred action beneficiaries, in direct violation of a district court’s order. With the Fifth Circuit Court of Appeals deciding any day now whether to deny the Administration’s request to reverse that injunction, this public leak has come at a critical juncture for U.S. enforcement policy.

Last June, four months after Texas federal judge Andrew Hanen’s order to freeze President’s DAPA and Expanded DACA programs—disclosure: the Immigration Reform Law Institute has filed briefs in these cases—DHS’s immigration policy makers apparently held a “Regulations Retreat” to discuss “different options” for “open market Employment Authorization Document (EAD) regulatory changes.” EAD is the statutory term for work permits. From a memo recording these discussions, we now know that the Obama DHS has, rather than pausing to allow the courts to assess the constitutionality of its enforcement nullification initiatives, been gearing up to roll out one or more of four plans drawn up at the meeting, each one designed to provide EADs to millions of nonimmigrants, including those lawfully present and visa overstayers, crippling the actual employment-based visa system on the federal statute-book.

The internal memo reveals four options of varying expansiveness, with option 1 providing EADs to “all individuals living in the United States”, including illegal aliens, visa-overstayers, and H-1B guest-workers, while option 4 provides EADs only to those on certain unexpired non-immigrant visas. Giving EADs to any of the covered individuals, however, is in direct violation of Congress’s Immigration & Nationality Act and works to dramatically subvert our carefully wrought visa system.

As mentioned, the first plan the memo discusses basically entails giving EADs to anyone physically present in the country who until now has been prohibited from getting one. A major positive to this option, the memo reads, is that it would “address the needs of some of the intended deferred action population.” Although DHS doesn’t say it expressly, included here would be those 4.3 million people covered by the president’s DAPA and Expanded DACA programs whose benefits were supposed to have been halted in the Hanen decision. On top of working around the Hanen injunction, this DHS plan would also dole out unrestricted EADs to those on temporary non-immigrant visas, such as H-1B-holders (their work authorizations being tied to their employers) and another 5 to 6 million illegal aliens thus far not covered by any of the President’s deferred action amnesty programs. By claiming absolute authority to grant work authorization to any alien, regardless of status, DHS is in effect claiming it can unilaterally de-couple the 1986 IRCA work authorization statutes from the main body of U.S. visa law. While DHS must still observe the statutory requirements for issuing visas, the emerging doctrine concedes, the administration now claims unprecedented discretionary power to permit anyone inside our borders to work.

The anonymous DHS policymakers state that a positive for this option is that it “could cover a greater number of individuals.” In a strikingly conclusory bit of bureaucratese, they state that because illegal aliens working in the country “have already had the US labor market tested” it has been “demonstrat[ed] that their future employment won’t adversely affect US workers.” The labor market, in other words, has already been stress-tested through decades of foreign-labor dumping and the American working-class, which disproportionately includes minorities, working mothers, the elderly, and students, is doing just fine. Apparently, the fact that 66 million Americans and legal aliens are currently unemployed or out of the job-market was not a discussion point at the DHS “Retreat.”

Bottom line: The memo foreshadows more tactical offensives in a giant administrative amnesty for all 12 million illegal aliens who’ve broken our immigration laws (and many other laws) that will emerge before the next inaugural in January 2016. According to the authors, one negative factor for granting EADs to illegal aliens, visa-overstayers, etc., is that they’ll still “face difficulties in pursuing permanent residence due to ineligibility or being subject to unlawful presence inadmissibility for which a waiver is required.” This is in reference to the reality that an EAD isn’t a green card and that eventually the EAD-beneficiaries are supposed to apply to ‘adjust their status,’ which cannot be done without showing evidence of lawful status. But this might change, they write. The DHS “macro-level policy goal”, we’re told, is to assist individuals to stay “until they are ready and able to become immigrants.” This would seem to say that DHS, the largest federal law enforcement agency in the nation, is banking on awarding those who’ve broken our laws and violated our national sovereignty.

Will the 26 plaintiff states that have challenged the President’s DAPA program bring this memo to the Fifth Circuit’s attention, before they issue their closely-awaited decision?  If this document is indeed the cutting edge of Obama’s strategy for DHS to circumvent Judge Hanen’s injunction order, it would confirm the Administration’s bad faith and contempt both for the court and the law.

Smith is an investigative associate with the Immigration Reform Law Institute.