Category Archives: Failed schools education college corruption

He is Back in the Fight and a Leader

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Just a reminder:

Freed Guantánamo convict returns to the fight

Ibrahim al Qosi pleaded guilty to war crimes in exchange for certain release

U.S. Air Force delivered him to Khartoum in 2012; he’s in Yemen now

U.S. officials won’t confirm recidivist case, which comes as Pentagon weighs more Guantánamo releases

GUANTANAMO BAY NAVY BASE, Cuba

MiamiHerald: A former Guantánamo detainee who was released to Sudan after a war court guilty plea has emerged in a key position in Al-Qaida of the Arabian Peninsula, according to an expert on jihadist movements.

“He’s clearly a religious leader in the group,” said Aaron Zelin, senior fellow at the Washington Institute for Near East Policy who edits the Jihadology blog. He found Guantánamo 2002-12 detainee Ibrahim al Qosi — his photo and his biography — on the latest video release from the offshoot of Osama bin Laden’s organization, “Guardians of Shariah.”

Obama administration officials did not confirm or deny the apparent case of recidivism, which was first reported on the Long War Journal website Wednesday.

The video included Qosi’s biography and said he joined the jihad in Yemen in December 2014. It also said he was close to bin Laden “until he was imprisoned in Guantánamo in 2001.” Qosi, now 55, arrived at the detention center on Jan. 13, 2002, according to documents obtained by McClatchy Newspapers from the anti-secrecy group WikiLeaks. He pleaded guilty to foot soldier war crimes in 2010 in exchange for release in 2012.

Qosi’s former U.S. attorney, Paul Reichler, told the Miami Herald on Wednesday that he had not been in touch with the Sudanese man since Qosi left the U.S. Navy base prison for Sudan in July 2012.

“I was told by a Sudanese lawyer a year ago that al Qosi was working as a taxi driver in Khartoum,” Reichler said by email. “I have received no information about his activities since then, and I do not know what he has been doing, or where he is living.”

At the time of Qosi’s return to Sudan, Reichler said he looked forward to being reunited with his wife and family, including two daughters, “and live among them in peace, quiet and freedom.” His wife at the time was the daughter of a former chief bodyguard to bin Laden.

On the AQAP tape, Qosi opines in Arabic on the evolving globalization of jihad. His comments were translated for the Herald by a journalist who is fluent in Arabic.

“As the U.S. has waged war on us remotely as a solution to minimize its casualties, we have fought it remotely, as well by individual jihad,” he is heard saying. “And as the U.S. has killed our men, we have killed its people. But it is not the same. Our dead are in heaven and theirs are in the hellfire, and the war is not over yet.”

Qosi, an accountant, kept the books for a bin Laden business in Khartoum in the early ’90s, according to Pentagon documents made public by WikiLeaks. He then followed bin Laden to Afghanistan in 1996. Because the timeline for war crimes only covers the era in Afghanistan, Qosi pleaded guilty to foot-soldier crimes — sometimes driving for bin Laden, working at al-Qaida’s Star of Jihad compound in Jalalabad, and fleeing the post-Sept. 11 U.S. invasion to Tora Bora, armed with an AK-47 rifle.

The AQAP video biography mirrors much of that noting, “he participated in the famous battle of Tora Bora” with bin Laden “until the withdrawal.”

Qosi was also one of the first at Guantánamo to formally allege torture — the use of strobe lights, sleep deprivation, sexual humiliation, being wrapped in the Israeli flag — in an unlawful detention petition his Air Force attorney filed in federal court in 2004. It was never heard. Instead, he withdrew the habeas corpus suit as part of his 2010 plea agreement.

The disclosure comes at a complicated time: As Secretary of Defense Ash Carter is considering the release to repatriation or resettlement of as many as 17 detainees who have been cleared for transfer. Qosi got out on the war court guilty plea that saw him spend his last two years at the prison Convict’s Corridor separated from the majority of the detainee population.

Pentagon statement

“We take any incidence of re-engagement very seriously, but we don’t comment on specific cases. More than 90 percent of the detainees transferred under this Administration are neither confirmed nor suspected by the Intelligence Community of re-engagement. We work in close coordination through military, intelligence, law enforcement, and diplomatic channels to mitigate re-engagement and to take follow-on action when necessary.” — Navy Cmdr. Gary Ross

Additional reading

Click this, to read about the captive’s 2012 release from Guantánamo.

 

 

The Plan: Five for Freedom

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Bringing government spending under control.

NRO: At the last Republican presidential debate, I presented the Simple Flat Tax — which, for a family of four, exempts the first $36,000 from all income tax, and above that amount collects one low rate of 10 percent for all Americans. It eliminates the death tax, the payroll tax, the corporate income tax, and the Obamacare taxes; ends the corporate carve-outs and loopholes; and requires every business to pay the same simple business flat tax of 16 percent.

That plan will unleash unprecedented growth, create millions of new jobs, raise after-tax incomes for all income levels by double-digit percentages — and abolish the IRS as we know it. But eliminating the IRS is only the first step in my plan to break apart the federal leviathan that has ruled Washington and crept into our lives. We can’t stop there. In addition to eliminating the IRS, a Cruz administration will abolish four cabinet agencies. And we will sharply reduce the alphabet soup of government entities, beginning with the ABCs that should not exist in the first place: The Agencies, Bureaus, Commissions, and other programs that are constitutionally illegitimate and harmful to American households and businesses. It’s time to return to a federal government that abides by our constitutional framework and strips power from unelected bureaucrats.

The need is urgent.

The total federal debt currently stands at $18.6 trillion, larger than our entire economy. That is up 75 percent since the current president took office, and by the end of his tenure, he is expected to have added almost as much to the national debt as all past presidents combined. And what does the Obama administration have to show for its uncontrolled spending? A stagnant economy, lagging job creation, and the lowest labor-force participation since the Carter administration. The Obama economy has burdened each American household with the equivalent of $57,000 of federal debt. Under such stifling circumstances, it’s no wonder that 84 percent of college graduates do not have a job lined up after graduation, and 13.2 percent of young adults are out of work. The current level of spending is not only irresponsible, but immoral and unjust to future generations.

It is time for bold change. Change that stops Washington from squandering Americans’ money; that creates jobs and restores growth with a single, fair, low rate for everyone; that reins in Washington’s costly regulations; that honors the people’s work with the dignity it deserves; and that finally gets the government out of our pockets and off our backs. Of course, because entitlements constitute roughly two-thirds of federal spending, no government spending plan is complete without addressing entitlement reform. And in the coming months, I will be laying out a detailed plan to do just that, to strengthen and preserve Social Security and Medicare and to ensure their fiscal strength for decades to come. But we should start with federal discretionary spending.
First, to begin the process of reducing the scope and cost of government, I have identified the Five for Freedom: During my first year as president, I will fight to abolish the IRS, the Department of Education, the Department of Energy, the Department of Commerce, and the Department of Housing and Urban Development. To do that, I will press Congress relentlessly. And I will appoint heads of each of those agencies whose central charge will be to lead the effort to wind them down and determine whether any of their programs need to be preserved elsewhere because they fall within the proper purview of the federal government. I do not anticipate the lists to be long. The IRS and these cabinet agencies are unnecessary and will be shuttered for the following reasons:
Internal Revenue Service – to dramatically simplify the tax code and enable everyone to fill out their taxes on a postcard or smartphone app. Department of Education – to return education to those who know our students best: parents, teachers, local communities, and states. And to block-grant education funding to the states.
Department of Energy – to cut off the Washington cartel, stop picking winners and losers, and unleash the energy renaissance.
Department of Commerce – to close the “congressional cookie jar” and promote free enterprise and free trade for every business.
Department of Housing and Urban Development – to offer real solutions that lift people out of hardship, rather than trapping families in a cycle of poverty, and to empower hurting Americans by reforming most of the remaining programs, such as Section 8 housing. Second, besides these unnecessary cabinet agencies and the IRS, we will sharply reduce the agencies, bureaus, commissions, and other programs that are harming American households and businesses — including the Consumer Financial Protection Bureau.
Together with the four departments and the IRS, our conservative estimate of the effects of these eliminations and reductions is a savings of over $500 billion over ten years. And that’s just a start. The true savings — of scaling down the scope of the federal government, of restoring to the states their rightful authority, and of unleashing the people’s ingenuity — cannot be measured by a number. We are uprooting the centralized power that we have lived under for far too long. Third, we will bring back a proven approach from the prosperous days of the Reagan administration: a private-sector panel to assess federal spending levels and evaluate areas of waste and fraud for removal. At President Reagan’s behest, the Grace Commission recommended 2,478 “cost-cutting, revenue-enhancing” suggestions, without raising taxes, weakening defense, or harming social welfare. It was a major success among other policies that created a great economic boom, and it deserves a reprise. Fourth, we will hold Congress accountable; it too often delegates its authority to unelected bureaucrats. We will enact a strong Balanced Budget Amendment. And, by enacting the REINS Act, we will require that a majority of members approve any major, cost-inducing regulations. Fifth, we will put in place a hiring freeze of federal civilian employees across the executive branch. For those agencies in which it is determined that a vacant position needs to be filled, I will authorize the hiring of a maximum ratio of one person for every three who leave. And rather than automatically increasing federal workers’ pay annually, workers will have more opportunities for merit-based pay increases.
The full details of this plan can be found at www.tedcruz.org. It’s past time to dramatically reduce the size of government and restore congressional accountability to the people. Doing so, along with instituting fundamental tax reform and regulatory reform, will reignite the promise that has made this the freest and most prosperous nation in the world.

 

The Court Telling Texas NO on Barring Refugees

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Federal Court Declines to Bar the Resettlement of

Syrian Refugees in Texas

02/26/2016

FAS: In a decision issued on February 8, 2016, a federal district court denied the State of Texas’s request that the federal

government and a private refugee relief organization be temporarily barred from resettling Syrian refugees within the

state pending resolution of Texas’s challenge to such resettlement. Texas had filed this suit in December 2015, after

terrorist attacks in Paris, France and San Bernardino, California, perpetrated by persons with ties or allegiance to the

Islamic State, due to concerns that terrorists could enter the United States through the refugee resettlement program.

The court’s decision focused on the standards that plaintiffs must meet to obtain a preliminary injunction, discussed

below. However, in so doing, the court construed language in Section 412 of the Immigration and Nationality Act

(INA) requiring the federal government to “consult regularly … with State and local governments” about refugee

placement. The court’s reading of this provision could have implications for certain congressional proposals to give

states greater control over refugee resettlement.

Overview of the Court’s Decision

The court denied the preliminary injunction, in part, because it found that Texas had failed to establish a substantial

threat of irreparable injury if the federal government and the private refugee relief organization were allowed to resettle

Syrian refugees in Texas. Such a showing is required for a preliminary injunction, along with a showing that (A) the

party seeking the injunction has a substantial likelihood of success on the merits; (B) the alleged injury, if the injunction

is denied, outweighs any harm that would result if the injunction is granted; and (C) the grant of an injunction will not

disserve the public interest.

In finding that Texas failed to meet its burden of showing irreparable injury, the court noted that the evidence produced

by Texas showed only that “Syrian refugees pose some risk.” Texas did not, in the court’s view, demonstrate that

terrorists have infiltrated the refugee program, or that the particular individuals whose settlement Texas sought to block

are refugees “intent on causing harm.” It thus found the evidence “insufficient” to establish a substantial risk of

irreparable injury. The court similarly rejected Texas’s argument that it was irreparably harmed because the defendants’

failure to provide Texas with detailed information about any refugees settled in Texas deprived Texas of an alleged

“statutory right to foreknowledge” of refugees’ backgrounds that had been created by INA §412’s requirement that

federal agencies consult with state and local governments about refugee placement. The court further found that a

clause in Texas’s contract with the relief organization, which purported to establish a presumption of irreparable harm

if the organization were to breach the contract was immaterial, since the clause is not binding on the court and does not,

in itself, justify the “extraordinary relief” of a preliminary injunction.

The court also found that Texas was unlikely to succeed on the merits of its challenge to the refugee resettlement plans

because “it has no viable cause of action” against the federal government. Texas’s argument here had been based, in

part, on its view that the federal government’s actions in resettling refugees in Texas run afoul of INA § 412, which, in

relevant part, provides that federal officials:

shall consult regularly (not less often than quarterly) with State and local government and private nonprofit

voluntary agencies concerning the [refugee] sponsorship process and the intended distribution of refugees among

the States and localities before their placement in those States and localities.

In particular, Texas took the view that this provision, along with the terms of its contract with private relief

organization, required it to receive detailed demographic, medical, security, and other information about individual

refugees before they are resettled in Texas.

The court did not reach the merits of this argument, instead finding that Texas cannot sue to enforce INA § 412 because

this provision does not create a private right of action. The court based this conclusion on Supreme Court precedents

finding that private rights of action to enforce federal law must be created by Congress, and the “judicial task is to

interpret the statute Congress passed to determine whether it displays an intent to create” such a right. In INA § 412,

the court found no such intent since the provisions of this section do not “confer any rights directly on the States.”

Instead, they are framed as a “general … command to a federal agency” to federal officials to consult with their state

counterparts. Such general prohibitions or commands have been seen as insufficient to create private rights of action in

other cases.

Implications of the Court’s Decision

The court’s finding that INA § 412 does not create a private right of action could have implications for certain proposals

in the 114th Congress to give states and localities greater input in the refugee resettlement process. Many proposed bills

would expressly authorize state officials to decline the resettlement of particular refugees within their jurisdictions, a

power which they lack under current law, as discussed in an earlier Sidebar posting. However, some bills take a

different approach and instead require that the federal government give state and local officials certain notices before

placing refugees within their jurisdiction. If Congress wants to ensure that states and localities can enforce such notice

requirements, it may wish to draft the latter type of measures in such a way that the statute can be seen as conferring

rights directly on the states and local governments, rather than imposing general commands on federal agencies. Only if

measures are so drafted would states and localities potentially be able to enforce the notice requirements (and even then

other limits on the federal courts’ jurisdiction could apply, such as the mootness doctrine, if for example, the refugees

are already settled within the state).

 

Undocumented Teachers in Your Child’s Classroom

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So, no U.S. citizens with teaching certificates? Perhaps the mission is to lower payroll costs and meet quotas? Or join unions and teach selected history…

Is there a state left that can define what citizenship is? Is there a state that is protecting ‘the pursuit of happiness’? Apparently teaching, a noble profession, or at least used to be is no longer noble.

For reference, Tashfeen Malik, the female San Bernardino killer could have been a teacher in your child’s classroom, she came into the United States under false documents…no documents? What is the difference?

NY to let undocumented workers become teachers

ALBANY — Undocumented immigrants in New York will be able to apply for teacher certifications and professional licenses, according to the state Board of Regents.

The board that oversees education policies in New York voted Wednesday to allow people who can’t get legal residency because of their parents’ immigration status to seek teacher certifications. They also will be able to apply for a license from among the 53 professions overseen by the state Education Department, including a variety of medical professions.

“These are young people who came to the U.S. as children,” state Education Commissioner MaryEllen Elia said in a statement. “They are American in every way but immigration status. They’ve done everything right.  They’ve worked hard in school, some have even served in the military, but when it’s time to apply for a license, they’re told ‘Stop. That’s far enough.’ We shouldn’t close the door on their dreams.”

The Board of Regents pointed to a June 2012 policy by the Obama administration called the Deferred Action for Childhood Arrivals that allows individuals who came to the U.S. as children and meet certain guidelines to request consideration of “deferred immigration action” for two years that can be renewed.

The federal policy, the board said, applies to young people who usually get their immigration status from their parents, many of whom are undocumented.

“As a result, most of these individuals have no current mechanism to obtain legal residency, even if they have lived most of their lives in the U.S.” the Board of Regents said in a statement.

But people in the system are prohibited from obtaining teaching certification and licenses in certain professions, the board said, including pharmacy, dentistry and engineering.

The regulation by the Board of Regents will be finalized after a public-comment period.

Sen. Terrence Murphy, R-Yorktown, Westchester County, ripped the policy.

“Allowing lawbreakers to teach, or practice medicine, says a lot about how backwards our priorities truly are in New York,” Murphy said in a statement. “This is another example of why rule-making by unelected bureaucrats is what is ruining New York state. Will they next unilaterally enact free college tuition for illegal immigrants?”

He said New York doesn’t allow a military spouse with an equivalent license in another state to teach in New York, so “Elia should be focusing on reciprocity and interstate licensure for those who have earned it, instead of doing further harm to our already broken immigration system and rewarding lawbreakers.”

Gov. Andrew Cuomo said he has yet to review the new education policy to determine its legality.

“It depends on how they write the policy, as to whether or not it’s legal and constitutional, and I haven’t seen anything,” Cuomo said when asked about the policy by reporters Thursday in Albany.

Democratic lawmakers praised the action. Democrats have been pushing for the Dream Act in New York, which would allow immigrants in the country illegally to access state financial aid for college. Republicans have opposed the measure.

“This is a tremendous win for New York’s students,” Assembly Speaker Carl Heastie, D-Bronx, said in a statement. “The Assembly majority has always led the charge to expand opportunities for every student, and we have championed issues like the DREAM Act and greater investment in higher education to show our commitment to all of the families who have made New York their home.”

 

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U.S. refugee agency put Central American kids at risk

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The problem was identified by the GAO in 2012.

Even more terrifying is this report:

PROPOSED REFUGEE ADMISSIONS

FOR

FISCAL YEAR 2015

REPORT TO THE CONGRESS

 

U.S. refugee agency put Central American kids at risk, GAO report says

WashingtonPost: The government agency tasked with placing thousands of Central American children into communities while they await immigration court decisions has no system for tracking the children, does not keep complete case files and has allowed contractors to operate with little oversight, according to a report released Monday by the Government Accountability Office.

“Based on the findings in this report, it’s no wonder that we are hearing of children being mistreated or simply falling off the grid once they are turned over to sponsors,” said Sen. Charles E. Grassley (R-Iowa). “The Obama administration isn’t adequately monitoring the grantees or sponsors whom we are entrusting to provide basic care for unaccompanied children.”

Three senators — Grassley, Orrin G. Hatch (R-Utah) and Tom Coburn (R-Okla.) — asked the GAO in October to review policies of the federal Office of Refugee Resettlement. The agency provides shelter for unaccompanied minors fleeing violence in Central America and identifies sponsors to care for them while they await hearings in immigration courts. More than 125,000 unaccompanied minors from Central America have been caught at the U.S.-Mexico border since 2011. The 64-page report is being released one day before the Senate Judiciary Committee is scheduled to hear testimony from Obama administration officials about their handling of the children.

“Their records are incomplete, they are not appropriately checking in on the facilities that house the children, and they don’t even have a dedicated system to follow up on the children once they’ve been placed with sponsors,” Grassley said.

The Office of Refugee Resettlement, a division of the Department of Health and Human Services, has come under criticism in recent weeks for its handling of a number of cases involving unaccompanied minors.

Advocates for unaccompanied minors say that the refu­gee office was overwhelmed by the surge of children crossing the border in 2014 but that the system is a much better alternative than longer detention for vulnerable children.

On Jan. 28, the Senate Permanent Subcommittee on Investigations issued a report focusing on cases in which Central American children were victims of abuse by their sponsors, including one case where the agency released several Guatemalan teenagers to labor traffickers who forced them to work long hours at an Ohio egg farm for as little as $2 a day.

“We agree with the GAO’s recommendations, which is why we’ve already implemented some of them and are in the process of implementing the rest,” said Andrea Helling, a spokeswoman for the Department of Health and Human Services. “This is part of the process of improving the program to care for the children who come into our custody.”

The GAO found that children’s case files were often incomplete, making it difficult for investigators to determine whether they had received proper care such as group counseling and clinical services. Investigators reviewed 27 randomly selected children’s case files. None of them contained all of the required documents.

The report also criticized the agency’s oversight of nonprofit groups that it pays to operate shelters for the children and locate sponsors. In 2014, the agency implemented a new monitoring process, requiring site visits every two years. However, investigators found that the agency didn’t complete the site visits in 2014 and 2015. In 2014, agency staff members visited 12 of 133 sites. By August 2015, they visited 22 of 140 sites.

These monitoring visits revealed several problems at the nonprofit-run shelters. At one site, agency workers discovered that the facility didn’t give children the proper amount of medication, leading them to accidentally overdose.

Helling said the Office of Refugee Resettlement is aware of the issues and has hired additional staff and implemented new policies to ensure that all site visits are completed in fiscal 2016.

 

Once children are released to sponsors, the agency has no system for tracking their whereabouts, according to the report. Some children, including those who have been identified as trafficking victims, are supposed to receive services such as mental- health care. In fiscal 2014, only 9.5 percent of children released by the agency received these services. The agency has established a call center for children who want to report problems with their sponsors and requires its caseworkers to call all children and sponsors after the children are placed.

Grassley sharply criticized the lack of follow-up for released children.

“Beyond the risks to the children created by these shortcomings, our communities are left to cope with the crime and violence from gang members and other delinquents who are not identified or tracked because of HHS’s haphazard and porous practices,” he said.

Helling said the agency is looking at ways to expand post-release services for children, adding that “the overwhelming majority of these children are fleeing violence and chaos, not looking to create it.”

Sen. Rob Portman (R-Ohio), who co-chaired the Jan. 28 Senate hearing about problems within the agency, said he will testify at Tuesday’s hearing.

“I’m pleased the Judiciary Committee is following up on the subcommittee’s bipartisan investigation,” he said. “The administration must be held accountable for turning young children over to traffickers and criminals.”

Jennifer Podkul, a migrant rights expert at the Women’s Refugee Commission, said: “Overall, we’re incredibly happy that ORR is the agency that’s been designated to release the kids. What happened when there were incredible numbers was that it showed the strain and the weaknesses in the system. It was like a magnifying glass on the system.”