Operation Disarray – FBI

The opioid crisis kills 155 people in the United States each day. In 2016, there were 64,000 drug overdoses and related deaths to fentanyl and fentanyl analogs.

President Trump has authorized a very aggressive program to stop this catastrophe.

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A nationwide law enforcement action aimed at shining a light on those who use the dark web to buy and sell illegal opiates has resulted in hundreds of interactions and arrests of individuals who may have considered their seemingly anonymous online transactions beyond the reach of authorities.

The FBI-led enforcement action last week, named Operation Disarray, is part of a recently launched Department of Justice initiative to disrupt the sale of opioids online and was the first operation of its kind to occur simultaneously in all 50 states.

“The point of Operation Disarray,” said Special Agent Chris Brest, who helped organize the effort from FBI Headquarters, “is to put drug traffickers on notice: Law enforcement is watching when people buy and sell drugs online. For those who think the Darknet provides anonymity,” he explained, “you are mistaken.”

Darknet marketplaces resemble legitimate e-commerce sites, complete with shopping carts, thousands of products, sales promotions, and customer reviews. But the Darknet sites’ drop-down menus direct customers to cocaine, heroin, fentanyl, and other illegal drugs.

The marketplaces are accessed through a type of software that claims to make the buyer and seller anonymous. Drug users anywhere in the world can sit in front of a computer screen and, with a click of the mouse, buy narcotics without having to risk a face-to-face interaction. “Drug trafficking is changing,” Brest said. “The environment is moving from real-world to the virtual realm, and it’s on the rise.”

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Such unfettered access to illegal drugs, said Special Agent Eric Yingling, who specializes in Darknet investigations from the FBI’s Pittsburgh Division, “can accelerate someone’s addiction because the drugs are so easy to obtain. It also facilitates a low barrier of entry to becoming a trafficker,” he explained. “We see a number of individuals go from consuming to becoming distributors because they’ve become comfortable using the marketplaces. Anyone who owns a computer could potentially be involved in this type of activity.”

But there are risks with the Darknet, Yingling pointed out. Buyers might get more than they bargained for. Opiates laced with fentanyl, for example, have resulted in deadly overdoses throughout the country. And there is the very real risk of arrest and prosecution because specially trained investigators can use a variety of techniques to infiltrate the marketplaces.

Operation Disarray was designed, in part, to highlight those risks for buyers and sellers. Hundreds of FBI agents and federal partners—including personnel from the Drug Enforcement Administration, U.S. Customs and Border Protection, Internal Revenue Service, Department of Homeland Security, and U.S. Postal Inspection Service—conducted searches, made arrests, and carried out “knock and talks” with more than 160 individuals known to have bought or sold drugs through the marketplaces. Leads from the investigation identified 19 overdose deaths of persons of interest.

“We wanted to get the word out about the potential dangers of the drugs people are purchasing,” Yingling said, “and to remind them that law enforcement is very cognizant of this activity.”

“Education of what these drugs can do is one of the first steps to curbing the opioid epidemic,” Brest said. “People may be under the assumption that they won’t be the one that gets addicted, or that these drugs can’t ruin your life.”

Law enforcement personnel participating in Operation Disarray handed out brochures that included information on medical steps to take in the event of an overdose and where individuals or family members can get help for issues related to drug addiction.

In January 2018, the Department of Justice announced the Joint Criminal Opioid Darknet Enforcement (J-CODE) team, an FBI-led initiative that brings together a variety of federal agencies to disrupt illicit opioid sales online.

As part of the effort, the FBI is training hundreds of agents, as well as local and state law enforcement partners, about the increasing use of Darknet marketplaces to facilitate the sale of opiates.

“The FBI has made the J-CODE a priority, and we are bringing together significant resources to strategically attack this crime problem.” Brest said. Operation Disarray was the first major J-CODE action, and, he continued, “we will consider the operation a success if our actions prevented one more person from overdosing on illegal narcotics.”

Attorney General Jeff Sessions Announces Results of J-CODE’s First Law Enforcement Operation Targeting Opioid Trafficking on the Darknet

Sessions DoJ Sues California

California, Gov. Jerry Brown and state Attorney General Xavier Becerra as co-defendants in the DoJ lawsuit.

Attorney General Jeff Sessions on Wednesday attacked the mayor of Oakland, California for warning residents about impending immigration raids, one day after filing a lawsuit against the state alleging it obstructs federal immigration enforcement.
“How dare you needlessly endanger the lives of law enforcement just to promote your radical open borders agenda,” Sessions said of Oakland Mayor Libby Schaaf.

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In his remarks, Sessions noted “worrisome” trends as violent crime increased in 2014 and 2015, particularly a surge in homicide and drug availability. He said that a lawful immigration system was part of tackling such trends.

Sessions said that while America admits the highest number of legal immigrants in the world, the American people deserve a legal, rational immigration system that protects the nation and preserves the national interest.

“It cannot be the policy of a great nation to reward those who unlawfully enter its country with legal status, Social Security, welfare, food stamps, and work permits and so forth. How can this be a sound policy?” he asked.

“Meanwhile, those who engage in this process lawfully and patiently and wait their turn are discriminated against, it seems, at every turn.”

Turning to California, he described “open borders” policies that refuse to apprehend and deport illegal immigrants as a “radical, irrational idea that cannot be accepted” and rejected the right of states to obstruct federal immigration law.

“There is no nullification. There is no secession,” he said. “Federal law is the supreme law of the land. I would invite any doubters to go to Gettysburg, or to the tombstones of John C. Calhoun and Abraham Lincoln.”

He then tore into Oakland Mayor Libby Schaaf, who tipped off the public to an immigration raid in the San Francisco Bay Area last week — a move he said led to as many 800 illegal immigrants evading capture and put both residents and law enforcement at risk. More here.

The 18 page complaint is here.

The lawsuit, filed in federal court in the state capital of Sacramento, challenges three specific laws:

— SB 54, which restricts law enforcement officials from notifying federal immigration agents about the release dates for prisoners in their custody who have been convicted and therefore face deportation. It also prohibits local officials from transferring those prisoners to federal custody.

As a result, the Justice Department says, immigration agents face greater danger in re-arresting the former prisoners once they’re back on the streets.

— AB 450, which forbids private employers from cooperating with immigration agents who conduct worksite enforcement operations. The law also requires employers to tell their workers when federal agents are coming to conduct inspections.

The Justice Department said a committee of the state legislature described the law as an effort to frustrate “an expected increase in federal immigration enforcement actions.”

— And AB 103, which requires the state to inspect detention facilities where federal authorities are holding immigrants who face deportation.

 

DACA and the Temporary Protected Status Back in Play, Check Houston

How about some White House officials visit Houston…

More than 100 countries are represented in Houston. Routinely ranked top in the country for job growth, with a school system where 80 percent of students are disadvantaged. For details, go here.

Lee High School for instance has 1700 students, a Vietnamese principal and student are from 40 different countries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Illegal immigrant “Dreamers” said they staged a sit-in to block the entrance to the Democratic National Committee’s offices in Washington on Monday in order to show they blame Democrats as well as Republicans for missing President Trump’s March 5 deadline for action.

Immigrant-rights activists who are U.S. citizens and who are supporting the Dreamers will also cancel their membership in the Democratic Party in order to make their point, the organizations said.

Monday marked six months since Mr. Trump announced a phaseout of the Obama-era DACA deportation amnesty. The president had said Congress should use the phaseout period to approve a new plan, with full congressional authorization, to grant DACA recipients legal status.

Mr. Trump offered a middle-ground approach, but the security enhancements went too far for Democrats, while his proposed amnesty for illegal immigrants went too far for many Republicans, and the bill stalled.

While Democrats have blamed the GOP, activists made clear Monday they will pin some of the blame on Democrats.

“The Democrats made the calculation to kick the can down the road and allow hundreds of thousands of us undocumented youth to live in uncertainty. We are anxious and we are scared of being torn away from their homes and our community”, said Maria Duarte, one of 683,000 people covered by DACA.

DNC Chairman Tom Perez, though, said Mr. Trump is the problem, calling his phaseout “cruel and reckless.”

“Donald Trump’s decision to end DACA created an unnecessary crisis that has left hundreds of thousands of Dreamers uncertain about their future. And now his arbitrary deadline has passed without any action from the president or Republicans in Congress,” Mr. Perez said in a statement.

The protesters Monday were part of the Seed Project, which staged a march from New York to Washington late last month, in anticipation of the March 5 deadline.

The protesters said they expect Congress to pass a “clean” bill granting perhaps 2 million illegal immigrants citizenship rights — without agreeing to any other provisions such as Mr. Trump’s planned border wall or changes to legal immigration policy.

Work permits expiring March 31 are automatically extended through Sept. 27

WASHINGTON—Current beneficiaries of Temporary Protected Status (TPS) under Syria’s designation who want to maintain their status through Sept. 30, 2019, must re-register between March 5, and May 4, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on the USCIS website.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, when they file Form I-821, or separately at a later date. Both forms are free on USCIS’ website at uscis.gov/tps.

USCIS will issue new EADs with a Sept. 30, 2019, expiration date to eligible Syrian TPS beneficiaries who timely re-register and apply for EADs. However, given the timeframes involved with processing TPS re-registration applications, USCIS is automatically extending the validity of EADs with an expiration date of March 31 for 180 days, through Sept. 27.

To be eligible for TPS under Syria’s current designation, individuals must have continuously resided in the United States since Aug. 1, 2016, and have been continuously physically present in the United States since Oct. 1, 2016, along with meeting the other eligibility requirements.

On Jan. 31, Secretary of Homeland Security Kirstjen M. Nielsen announced her determination that the conditions supporting Syria’s TPS designation continue. The secretary made her decision after reviewing country conditions and consulting with appropriate U.S. government agencies. Before the 18-month extension ends, the secretary will review conditions in Syria to determine whether its TPS designation should be extended again or terminated.

DoJ Sessions’ Letter of Subpoena to Sanctuary Cities

Primer: In part from the New York Times/

Over the past year, the local jurisdictions have pushed back hard on the administration’s attempts to force them to abandon their stance by cutting off federal funding to them, with some like Chicago filing lawsuits against the Justice Department.

Mr. Emanuel’s office has called the Justice Department’s actions “misguided.” And district court judges in California and Illinois have filed preliminary nationwide injunctions blocking the department from denying grant money to sanctuary cities.

On Wednesday, 15 attorneys general filed a brief in support of the Chicago lawsuit, saying that the administration’s efforts to pull federal funds from sanctuary jurisdictions infringes on their right to set their own law enforcement policies.

“The Trump administration cannot strip a city or a police department of these critical funds, simply because they don’t like its policies,” Eric T. Schneiderman, the New York attorney general, said in a statement. More here.

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Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, January 24, 2018

Justice Department Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

The Department of Justice today sent the attached letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is unlawfully restricting information sharing by its law enforcement officers with federal immigration authorities.

All 23 of these jurisdictions were previously contacted by the Justice Department, when the Department raised concerns about laws, policies, or practices that may violate 8 U.S.C. 1373, a federal statute that promotes information sharing related to immigration enforcement and with which compliance is a condition of FY2016 and FY2017 Byrne JAG awards.

The letters also state that recipient jurisdictions that fail to respond, fail to respond completely, or fail to respond in a timely manner will be subject to a Department of Justice subpoena.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” said Attorney General Jeff Sessions. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”

Failure to comply with section 1373 could result in the Justice Department seeking the return of FY2016 grants, requiring additional conditions for receipt of any FY2017 Byrne JAG funding, and/or jurisdictions being deemed ineligible to receive FY2017 Byrne JAG funding.

The following jurisdictions received the document request today:

  • Chicago, Illinois;
  • Cook County, Illinois;
  • New York City, New York;
  • State of California;
  • Albany, New York;
  • Berkeley, California;
  • Bernalillo County, New Mexico;
  • Burlington, Vermont;
  • City and County of Denver, Colorado;
  • Fremont, California;
  • Jackson, Mississippi;
  • King County, Washington;
  • Lawrence, Massachusetts;
  • City of Los Angeles, California;
  • Louisville Metro, Kentucky;
  • Monterey County, California;
  • Sacramento County, California;
  • City and County of San Francisco, California;
  • Sonoma County, California;
  • Watsonville, California;
  • West Palm Beach, Florida;
  • State of Illinois; and
  • State of Oregon.
Attachment(s):
Topic(s):
Immigration
Press Release Number:
18-81

Highlights of DHS Report to Judiciary Cmte on Immigration

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Primer:

The Justice Department on Tuesday announced plans to appeal a judge’s ruling that blocked President Donald Trump from shuttering a program that gave protections and work permits to some people who entered the U.S. illegally as children.

In a ruling last week, San Francisco-based U.S. District Court Judge William Alsup ordered the administration to resume accepting renewal applications for the Deferred Action for Childhood Arrivals program, better known as DACA. More here from Politico.

In part, highlights:

The Department has also implemented historic efforts to step up international cooperation. For the first time ever, DHS established a clear baseline for what countries must do to help the United States confidently screen travelers and immigrants from their territory. Every country in the world is now required to meet high security standards and to help us understand who is coming into our country.
As required under President Trump’s Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States (EO 13780), all foreign governments have been notified of the new standards, which include the sharing of terrorist identities, criminal
history information, and other data needed to ensure public safety and national security, as well as the requirement that countries issue secure biometric passports, report lost and stolen travel documents to INTERPOL, and take other essential actions to prevent identity fraud.
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Visa Waiver Program
We are also looking at ways to further strengthen the Visa Waiver Program (VWP). First and foremost, the VWP is a security partnership program. It mandates high and consistent standards from partner countries in the areas of national security, law enfor
cement, and immigration enforcement to detect and prevent terrorists, criminals, and other potentially dangerous individuals from traveling to the United States —
while still facilitating legitimate travel and tourism.
Currently, 38 countries participate in the VWP, which allows their citizens to travel to the United States for business or tourism for stays of up to 90 days after applying and being approved through the Electronic System for Travel Authorization (ESTA). In return, these countries must comply with program requirements to enter into information
-sharing protocols that enable the relay of information concerning known and suspected terrorists and criminals; consistent and timely lost and stolen passport information reporting; and robust border and travel document
screening. As a result of these program requirements, countries have adopted new laws, policies, and practices that strengthen our mutual security.
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,
combined with Secretarial action, have strengthened the VWP’s security provisions over the past two years.
VWP countries are now required to issue high -security electronic passports (e-
passports); implement information sharing arrangements to exchange terrorist identity information; establish mechanisms to validate e-passports at each key port of entry; report all lost and stolen passports to INTERPOL or directly to the United States no later than 24 hours after the country becomes aware of the loss or theft; and screen international travelers against the INTERPOL Stolen and Lost Travel Documents (SLTD) database and notices. As with other operational activities of DHS, a full discussion of the privacy impact of these initiatives and how we mitigate the risk to personal privacy is available on our website.
Since enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, DHS has realized an increase in the sharing of terrorist identity information. Several countries have increased the frequency of their reporting of lost and stolen passports —VWP countries account for over 70 percent of the almost 73 million lost and stolen travel documents reported to INTERPOL. All VWP countries are now issuing and using for travel to the United States fraud-resistant e-passports that meet or exceed the ICAO standards. Over 70,000 ESTA applicationshave been denied, cancelled or revoked under enforcement of the VWP Improvement Act’seligibility restrictions for VWP travel.
Border Security
In compliance with Executive Order 13767: Border Security and Immigration Enforcement
Improvements, DHS has conducted a comprehensive study of the security of the southern border that addresses all of the elements that provide an integrated solution for the Nation. Our first priority is to expand on our existing southern border wall system and close legal loopholes that encourage and enable illegal immigration and create a corresponding backlog in the courts. We currently have an immigration court backlog of more than 650,000 cases pending before the Department of Justice’s Executive Office for Immigration Review. We also have a massive asylum backlog with more than 270,000 pending cases before U.S. Citizenship and Immigration Services (USCIS).
Recognizing the unsustainability of the asylum case backlog, USCIS has implemented efficiency measures designed to reduce adjudication times. Similarly, the Department of Justice has taken action to reduce unwarranted case continuances in immigration courts, which helps reduce the backlog while affording aliens full and fair hearings. To further

reduce the “pull factors” and restore integrity to our immigration benefits adjudication process, we must tighten case processing standards, including the “credible
-fear” standard, impose and enforce penalties for fraud, and ensure applicants are fully vetted before they are allowed access to the United States.
In addition, visa-overstays account for roughly 40 percent of all illegal immigration in the
United States. In FY 2016, more than 628,000 aliens overstayed their visas. By increasing
overstay penalties and expanding ICE’s enforcement tools, we can help ensure that foreign
workers, students, and visitors respect the terms of their temporary visas. We need Congress to authorize the Department to raise and collect fees from immigration benefit applications to fund additional enhancements to our immigration system called for by the President’s Executive Orders.
Enforcing Immigration Laws
We are also prioritizing the enforcement of our immigration laws in the interior of our country.
There are nearly one million aliens with final orders of removal across the country
—meaning these removable aliens were afforded due process of law, had their
day in court, and were ultimately ordered removed by a judge — yet they remain in our nation and ICE only has 6,000 Deportation Officers to arrest and remove them. The Administration looks to strengthen law enforcement by hiring 10,000 more ICE officers and agents, and supports the request from the Department of Justice to hire 300 more federal prosecutors.
To further protect our communities, we must end so-called “sanctuary” jurisdictions. Hundreds of state and local jurisdictions across the country that do not honor requests from ICE to hold criminal aliens who are already in state and local custody. Instead, they allow them back into their communities, where they are allowed to commit more crimes. This also poses a greater risk of harm to ICE officers, who must locate and arrest these criminals in public places, and increases the likelihood that the criminal aliens can resist arrest or flee. Rather than enhancing public safety, sanctuary jurisdictions undermine it.
The only “sanctuary” these jurisdictions create is a safe haven for criminals. States and localities that refuse to cooperate with federal authorities should be ineligible for funding from certain grants and cooperative agreements.
Authorizing and incentivizing states and localities to enforce immigration laws would further help ICE with its mission and make all communities safer.
In FY 2017, 1,761 criminal illegal aliens were released from ICE custody because of a 2001
Supreme Court decision that generally requires ICE to release certain removable aliens with final orders of removal—including violent criminals—
within 180 days, if they have not been removed and there is no significant likelihood of removal in the reasonably foreseeable future. Legally insupportable judicial interpretations of the law regarding the detention and removability of criminal aliens have eroded ICE’s authority to keep aliens in custody pending removal.
Pursuant to this Executive Order, USCIS announced it will take a more targeted approach to combatting fraud and abuse in the employment -based visa programs, including the H-1B program. To help end H-1B petitioner fraud and abuse, USCIS has established a Targeted Site Visit and Verification Program (TSVVP). Targeted site visits allow USCIS to focus its resources where fraud and abuse of certain programs are more likely to occur. TSVVP initially focused on H-1B petitions filed by companies that are H-1B dependent (as defined by statute), employers petitioning for H-1B workers who will be placed off -site at another company’s location, or cases where USCIS cannot validate the H-1B petitioner’s business information through commercially -available data.
USCIS has also taken great strides to improve transparency with the public about employment -based immigration programs. The agency has published new data on its website to give the public more information regarding the use of nonimmigrant workers in the H-1B, H-2B, and L nonimmigrant programs. Information about the use and legal authority for employment authorization documents has also been published.
Most low-skilled immigration into the United States occurs legally through our
immigrant-visa system, which, unlike many other countries’ systems, prioritizes family
-based chain-migration. Each year, the United States grants lawful permanent resident status (greencards) to more than one million people; two-thirds of that total is based on a person having a sponsoring relative in the United States, regardless of the new immigrant’s skills, education, English language proficiency, or ability to successfully assimilate. This system of chain-migration has accounted for more than 60 percent of immigration into the United States over the past 35 years. We must end chain-migration, and limit family -based green cards to spouses and the minor children of U.S. citizens and lawful permanent residents.
We must also eliminate the “diversity visa” lottery. Every year, through this lottery, 50,000
green cards are awarded at random to foreign nationals. Many of these lottery beneficiaries have absolutely no ties to the United States, no special skills, and limited education. The random lottery program has not been adopted by other countries and does not adequately serve our national interest. Full opening summary here.