UNESCO declares Hebron shrine Palestinian

  Israeli soldier guards at the Tomb of the Patriarchs in Hebron

You would think by virtue of a UN heritage committee known as United Nations Educational, Scientific and Cultural Organization, they would get history right. Israel has provided proof and historical evidence, where is that from the Palestinians?

The Tomb and the city of Hebron is the second holiest site in Judaism, after the Temple Mount and its Western Wall, he noted. The Bible clearly records its purchase by Abraham. The committee of T21  members are: Angola, Azerbaijan, Burkina Faso, Croatia, Cuba, Finland, Indonesia, Jamaica, Kazakhstan, Kuwait, Lebanon, Peru, Philippines, Poland, Portugal, Republic of Korea, Tunisia, Turkey, United Republic of Tnzania, Vietnam and Zimbabwe. Anymore questions on the countries that refuse history and remain Anti-Semitic?

Now is the time for the United States to defund UNESCO and the UNRWA.

Following the resolution passed by the UNESCO World Heritage Committee regarding the Tomb of the Patriarchs, Prime Minister Benjamin Netanyahu, today (Friday, 7 July 2017), decided to cut an additional $1 million from the membership funds that Israel pays to the UN and to transfer it to the establishment of “The Museum of the Heritage of the Jewish People in Kiryat Arba and Hebron” and to additional heritage projects related to Hebron.

Against UNESCO’s denial of the past, Prime Minister Netanyahu is determined to present to the entire world the historic truth and the Jewish People’s deep connection – of thousands of years – to Hebron.

***

Tomb of Sarah, wife a Patriarch Abraham

JERUSALEM (Reuters) – The U.N. cultural organisation declared an ancient shrine in the occupied West Bank a Palestinian heritage site on Friday, prompting Israel to further cut its funding to the United Nations.

UNESCO designated Hebron and the two adjoined shrines at its heart – the Jewish Tomb of the Patriarchs and the Muslim Ibrahimi Mosque – a “Palestinian World Heritage Site in Danger”.

Israeli Prime Minister Benjamin Netanyahu called that “another delusional UNESCO decision” and ordered that $1 million be diverted from Israel’s U.N. funding to establish a museum and other projects covering Jewish heritage in Hebron.

The funding cut is Israel’s fourth in the past year, taking its U.N. contribution from $11 million to just $1.7 million, an Israeli official said. Each cut has come after various U.N. bodies voted to adopt decisions which Israel said discriminated against it.

Palestinian Foreign Minister, Reyad Al-Maliki, said the UNESCO vote, at a meeting in Krakow, Poland, was proof of the “successful diplomatic battle Palestine has launched on all fronts in the face of Israeli and American pressure on (UNESCO) member countries.”

Hebron is the largest Palestinian city in the occupied West Bank with a population of some 200,000. About 1,000 Israeli settlers live in the heart of the city and for years it has been a place of religious friction between Muslims and Jews.

Jews believe that the Cave of the Patriarchs is where Abraham, Isaac and Jacob and their wives, are buried. Muslims, who, like Christians, also revere Abraham, built the Ibrahimi mosque, also known as the Sanctuary of Abraham, in the 14th century.

The religious significance of the city has made it a focal point for settlers, who are determined to expand the Jewish presence there. Living in the heart of the city, they require intense security, with some 800 Israeli troops protecting them.

Even before Netanyahu’s budget announcement, Internal Security Minister Gilad Erdan signalled Israel would seek to further make its mark at the Hebron shrine, tweeting: “UNESCO will continue to adopt delusional decisions but history cannot be erased … we must continue to manifest our right by building immediately in the Cave of the Patriarchs.”

(Additional reporting by Ali Sawafta in Ramallah and Nidal al-Mughrabi in Gaza; Editing by Robin Pomeroy)

Finally, a University is Sued over Discrimination

Discrimination is happening at college campuses across the country. Not only is it happening by plots of students, campus selective organizations but it includes university administrators and professors.

Related reading: UC-Berkeley claims right to suppress speech in legal motion

Here comes a lawsuit that just may set legal standing and fire a shot across the bow of other universities. Lawsuits require discovery and once documents as well as electronic communications are submitted, we may see a larger coordination and collusion. Frankly, it could lead to RICO.

Hat tip the LP.

Image result for San Francisco State University  BusinessInsider

Image result for San Francisco State University

San Francisco State University Accused of Pervasive Anti-Semitism in Groundbreaking Federal Lawsuit Filed by Students and Members of the Jewish Community

SAN FRANCISCO, CA, JUNE 19, 2017 — A group of San Francisco State University students and members of the local Jewish community today filed a lawsuit alleging that SFSU has a long and extensive history of cultivating anti-Semitism and overt discrimination against Jewish students. According to the suit, “SFSU and its administrators have knowingly fostered this discrimination and hostile environment, which has been marked by violent threats to the safety of Jewish students on campus.” The plaintiffs are represented by a team of attorneys from The Lawfare Project and the global law firm Winston & Strawn LLP.

The lawsuit, which was filed in the United States District Court for the Northern District of California and also names as defendants the Board of Trustees of the California State University System, SFSU President Leslie Wong and several other University officials and employees, alleges that “Jewish students at SFSU have been so intimidated and ostracized that they are afraid to wear Stars of David or yarmulkes on campus.”

The lawsuit was triggered following the alleged complicity of senior university administrators and police officers in the disruption of an April, 2016, speech by the Mayor of Jerusalem, Nir Barkat. At that event organized by SF Hillel, Jewish students and audience members were subjected to genocidal and offensive chants and expletives by a raging mob that used bullhorns to intimidate and drown out the Mayor’s speech and physically threaten and intimidate members of the mostly-Jewish audience. At the same time, campus police – including the chief – stood by, on order from senior university administrators who instructed the police to “stand down” despite direct and implicit threats and violations of university codes governing campus conduct.

The lawsuit states that “SFSU has not merely fostered and embraced anti-Jewish hostility -it has systematically supported … student groups as they have doggedly organized their efforts to target, threaten, and intimidate Jewish students on campus and deprive them of their civil rights and their ability to feel safe and secure as they pursue their education at SFSU.” SFSU continues to affirm its preference for those targeting the Jewish community, according to the lawsuit, by claiming to handle such incidents successfully by removing the Jewish students from their lawful assembly without allowing them the opportunity to exercise their free speech rights.”

Making matters worse, no actions were ever taken by SFSU against the disruptive students, no disciplinary charges were ever filed, and no sanctions were ever imposed against the groups or students responsible for committing these acknowledged violations.

“Title VI of the Civil Rights Act of 1964 is the underpinning of the modern American ethos of equal protection and anti-discrimination. This case isn’t about Jews, it’s about equal protection under the law,” says Brooke Goldstein, Lawfare Project Director. “If the courts fail to apply Title VI in this context, we are creating a massive loophole that will ultimately be exploited to target other marginalized minority communities. If we refuse to enforce anti-discrimination law for Jews, if we say Jews don’t deserve equal protection, it will erode constitutional protections for everyone. Jews must be protected the same as any other minority group, or the bedrock of civil rights law will crumble.”

In addition to the disruption of the speech by Nir Barkat, the lawsuit describes a long list of discrimination, intimidation and mistreatment of Jewish students at SFSU.  Following are just a few examples:

In 1994, a ten-foot mural was erected on SFSU’s student union building that portrayed yellow Stars of David intertwined with dollar signs, skulls and crossbones, and the words “African Blood.”

In 1997, a banner depicting an Israeli flag with a swastika next to an American flag with a dollar sign was hung over the same wall where the 1994 mural had been painted.

In April of 2002, posters appeared around campus advertising an event called “Genocide in the 21st Century,” featuring a dead baby on the label of a soup can, surrounded on either side by Israeli flags.

In May of 2002, following a Peace rally, a small group of Jewish students were targeted by a large group of students who shouted bigoted and offensive remarks, including “Hitler didn’t finish the job,” “Get out or we’ll kill you,” and “Go back to Russia.”
In 2009, SFSU hosted on-campus events that advocated for the elimination of the Jewish state of Israel.

In 2016, President Wong complained that in all his years, he had never seen a university donor withhold a pledge because of a “political issue.” A Jewish Studies faculty member told him, “the physical safety of Jewish students is never a political issue.” President Wong replied, “on this, we will have to agree to disagree.”

In 2017, when specifically asked whether Zionists are welcome at SFSU, President Wong refused to provide the only proper answer: “Yes.” Instead, President Wong demurred, stating “That’s one of those categorical statements I can’t get close to. . . . Am I comfortable opening up the gates to everyone?  Gosh, of course not.”

While SFSU actively supports virulently anti-Jewish and groups and events at the university, according to the lawsuit, its administrators have done just the opposite for Jewish students. “SFSU has repeatedly denied Plaintiffs’ student groups, including Hillel and the Jewish fraternity Alpha Epsilon Pi equal access to campus events that welcome other non-Jewish student organizations at the University… The anti-Jewish animus pervading SFSU’s campus is as ubiquitous as it is hostile. Jews are at best ignored, but more often ostracized in every corner of the university community. While other groups are able to host events, obtain permits and participate in “tabling” at student fairs, Jewish groups are customarily forced to fight for these basic rights as tuition-paying students, no matter how hard they work to follow processes correctly and avoid controversy.”

The lawsuit comes at a crucial time for Jewish students across the United States. According to the lawsuit, “Anti-Semitic incidents at colleges and universities have been rising at exponential rates, doubling from 2014 to 2015 and increasing from 90 to 108-another 20 percent-from 2015 to 2016…According to the FBI hate crimes statistics from 2015 (the most recent year calculated), anti-Jewish incidents accounted for 57 percent of all religiously motivated hate crimes.”

Furthermore, the suit was filed just four days after an announcement by the U.S. Department of Education’s Office for Civil Rights (OCR), which is tasked with federal enforcement of Title VI on university campuses, stating that the office would be “scaling back” investigations into discrimination against “whole classes of victims.” It is abundantly clear that, unless courageous Jewish students like these plaintiffs bring lawsuits to enforce their own civil rights, they will have no other recourse than to suffer the discrimination in perpetuity.

“Anti-Semitism, like any other form of racism, is totally repugnant and cannot be countenanced. This lawsuit intends to address the rampant anti-Jewish animus pervasive at SFSU. Jews are entitled to the same civil rights as all Americans,” says Lawrence Hill, a senior partner at Winston & Strawn LLP and member of The Lawfare Project’s Board of Directors. “When our universities, which are supposed to be institutions of tolerance that encourage freedom of expression, instead foment prejudice and suppress free speech, we cannot stand idly by. College students are America’s future. Their minds shouldn’t be poisoned with hate and their voices shouldn’t be silenced by a mob.”

Amanda Berman, The Lawfare Project’s Director of Legal Affairs, who has been investigating SFSU for more than 14 months, added “Every couple of weeks, another anti-Semitic incident occurred; another Jewish student faced harassment or intimidation on campus; another member of Hillel or AEPi was targeted; another openly degrading comment surfaced from a member of the administration; or another student faced recalcitrance when trying to benefit, the same as all other students, from the opportunities and privileges of enrollment at SFSU. These defendants seem to believe that they are above the law, that discrimination against Jews is entirely acceptable, and that their response to criticism must go only so far as to placate Jewish donors. It is time for profound institutional change at SFSU, and since the faculty and administration is entirely unwilling to pursue such a goal, Jewish victims of this pervasively hostile environment have been left with no choice but to ask a federal court to compel it.”

A copy of the complaint can be found here.

1.8 Million Exchange Students Part of Security Investigation Review

Primer: Chinese spies target US intellectual property (important due to universities relationships with government operations) Further is 2015, U.S. diplomats previously warned China to stop using covert law enforcement agents on U.S. soil. CNN reported that the agents pressure Chinese citizens to return to the country to face justice, often on corruption charges, United States officials confirmed to CNN. The agents have successfully coerced several Chinese nationals to return to China from the U.S., they said.

So, between India and China we have more than a million foreign nationals at the student level. Are they really students? This is a number too, where American students are eliminated from college acceptance due to favorable foreign student policy.

The Student and Exchange Visitor Program (SEVP) is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students.

On behalf of the Department of Homeland Security (DHS), SEVP manages schools, nonimmigrant students in the F and M visa classifications and their dependents. The Department of State (DoS) manages Exchange Visitor Programs, nonimmigrant exchange visitors in the J visa classification and their dependents. Both SEVP and DoS use the Student and Exchange Visitor Information System (SEVIS) to track and monitor schools; exchange visitor programs; and F, M and J nonimmigrants while they visit the United States and participate in the U.S. education system.

WASHINGTON — There are 1.18 million international students with F (academic) or M (vocational) status studying at 8,774 schools in the United States according to the latest “SEVIS by the Numbers.” The biannual report on international student data, which includes a new section on regional data trends, is prepared by the Student and Exchange Visitor Program (SEVP), part of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

The report, released Thursday by SEVP, highlights May 2017 data from the Student and Exchange Visitor Information System (SEVIS), a web-based system that includes information about international students, exchange visitors and their dependents while they are in the United States.

Based on data extracted from SEVIS May 5, the international student population increased 2 percent compared to May 2016, with 76 percent of students enrolled in higher education programs of study.

Seventy-seven percent of international students hailed from Asia. Among continents, South America had the largest percentage increase (6.5 percent) in international students studying in the United States when compared to May 2016.  

China and India continue to send the largest number of students to study in the United States, at 362,368 students and 206,698 students, respectively. And even with a 19 percent decline – the steepest percentage decline among the top 10 Asian countries – Saudi Arabia still had 55,806 students studying in the United States in May 2017, ranking fourth among Asian countries. With an 18 percent increase, Nepal saw the largest proportional growth in students coming to the United States.

Nearly 514,000 international students pursued science, technology engineering or mathematics (STEM) degrees in May 2017, marking an 8 percent increase from May 2016. Thirty-nine percent of those students pursued engineering degrees. India not only had the largest number of STEM students, but also the largest proportional STEM student population; 84 percent of Indian students in the United States studied STEM.

In May 2017, 10 U.S. universities certified to enroll only F international students accounted for 10 percent of the entire international student population. New York University (15,386 students), the University of Southern California (13,365 students) and Northeastern University (12,372 students) – all certified to enroll F students – had the highest international student enrollment numbers among U.S. schools.

Nine percent of schools can enroll both F and M international students. The top three schools in this category included: Cornell University (5,716 students), the Houston Community College System (4,768 students) and Santa Monica College (3,554 students).

The international student population in the Northeast increased 4 percent when compared to May 2016, marking the highest proportional growth of the four U.S. regions. Rhode Island was the only state in the region to experience a dip in the number of international students compared to the previous year, while New York and Massachusetts added the largest number of international students during that same period, 4,490 students and 2,770 students, respectively. New Jersey saw an increase of 10 percent in international students pursuing bachelor’s degrees.

In the South, the international student population grew 3 percent since May 2016. Florida, Georgia and Texas all saw significant increases in the number of international students studying in those states.  While Louisiana, Tennessee and Oklahoma saw decreases in the number of international students studying there..

Arkansas, Kentucky and Maryland all saw major growth in international students taking part in their higher education system. Maryland saw a 10 percent increase in the number of students earning a bachelor’s degree. However, the southern region saw the largest growth at the graduate degree level. The number of international students pursuing master’s degrees increased 25 percent in Arkansas and 35 percent in Kentucky.

The Midwest saw minimal growth of 1 percent. Illinois added 1,331 students to its international student population, marking the largest increase in the region, while Nebraska experienced the largest proportional growth of 7 percent. Missouri experienced the largest decrease in international students, both in terms of student numbers and proportional decline, 763 students and 3 percent, respectively.

In the western part of the United States, international student enrollment stayed relatively static in California, other than an 8 percent increase in the number of students earning bachelor’s degrees. Idaho saw a 14 percent drop in the total number of international students studying in the state, with a 16 percent decrease in the number of students earning a bachelor’s degree. But, Nevada’s international student population grew by 5 percent, marking the largest proportional growth in the region.

The full “SEVIS by the Numbers” report can be viewed here. Report data was extracted from SEVIS May 5. The report captures a point-in-time snapshot of data related to international students studying in the United States. Data for the previous “SEVIS by the Numbers” report was extracted from SEVIS in November 2016.

Individuals can explore more international student data from current and previous “SEVIS by the Numbers” reports by visiting the Study in the States interactive mapping tool. This information is accessible at the continent, region and country level and includes information on gender and education levels, as well as international student populations by state, broken down by geographical areas across the globe.

SEVP monitors the more than one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies the schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.

Both SEVP and the Department of State use SEVIS to protect national security by ensuring that students, visitors and schools comply with U.S. laws. SEVP also collects and shares SEVIS information with government partners, including U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services, so only legitimate international students and exchange visitors gain entry into the United States.

HSI reviews SEVIS records for potential violations and refers cases with possible national security risks or public safety concerns to its field offices for further investigation. Additionally, SEVP’s Analysis and Operations Center reviews student and school records for administrative compliance with federal regulations related to studying in the United States.

 

At Least 34 Years of Immigration Debate, Loopholes and Dollars

Image result for executive office of immigration review

The proposed Department of Justice budget request for 2018 for the Executive Office of Immigration is $421.5 million and includes 2600 employees with 831 lawyers. Judges assigned to immigration courts are being hired, shuffled around the country and have in some areas have a five year base backlog.

Image result for immigration court FoxLatino

The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of Federal immigration laws. The Office of the Chief Administrative Hearing Officer (OCAHO) was added in 1987. In 2013, EOIR observed its 30th anniversary.

EOIR is also separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

As an office within the Department of Justice, EOIR is headed by a Director who reports directly to the Deputy Attorney General. Its headquarters are located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

New York City Law Creates Loophole To Avoid Deporting Criminal Illegal Immigrants

A New York City law that reclassifies several low-level offenses as non-criminal went into effect Tuesday, allowing citizen offenders to keep clean records and illegal immigrant offenders to potentially avoid deportation.

The law, passed by the city council and signed by Mayor Bill de Blasio in 2016, allows police to classify trial summonses for petty crimes as civil summonses, rather than criminal summonses. The change would affect crimes including public urination and drinking and staying in the park after dark, DNA Info reports. The change critically affects the impact of an executive order from President Donald Trump this spring ordering the deportation of illegal immigrants convicted of crimes.

Under the new law, illegal immigrants convicted of these crimes would receive a civil rather than criminal summons, which frees local law enforcement from the obligation of reporting the offender’s immigration status to Immigration and Customs Enforcement (ICE).

The law would affect cases such as Alejandro Luna, a former gang member and an illegal immigrant caught in central park after dark June 5 who now faces deportation. This would be Luna’s second deportation, the first came in 2006 after he was convicted of home-invasion and robbery. He then illegally entered the country again only to be detained on the June 5 park offense. More here.

Image result for sanctuary cities

***

Illegals presently have access to government funded healthcare. However:

The ‘Verify First Act’ by Rep. Lou Barletta (R-PA) would subsequently end American taxpayer-funded money going to illegal aliens in the form of healthcare insurance credits. The plan is being supported by NumbersUSA, a group which has staunchly advocated for Trump’s America First agenda.

“We applaud Rep. Lou Barletta for introducing the Verify First Act to ensure that illegal aliens cannot qualify for taxpayer-funded health insurance credits,” NumbersUSA Peter Robbio said in a statement. “We are grateful that the Ways and Means Committee and House Republican Leadership agreed to move this important bill forward.”

Since Obamacare’s enactment, illegal immigrants received more than $700 million in healthcare insurance credits by 2015, according to the Senate Committee on Homeland Security and Governmental Affairs.

In Barletta’s plan, healthcare insurance recipients through the American Health Care Act (AHCA) would have their citizenship and immigration statuses verified by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). More here.

***

In part: Traditional sanctuary policies are often described as falling under one of three categories. First, so-called “don’t enforce” policies generally bar the state or local police from assisting federal immigration authorities. Second, “don’t ask” policies generally bar certain state or local officials from inquiring into a person’s immigration status. Third, “don’t tell” policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities.

State or local measures limiting police participation in immigration enforcement are not a recent phenomenon. Indeed, many of the recent “sanctuary”-type initiatives can be traced back to

activities carried out by churches that provided refuge—or “sanctuary”—to unauthorized Central American aliens fleeing civil unrest in the 1980s.13 A number of states and municipalities issued declarations in support of these churches’ actions.14 Others went further and enacted more substantive measures intended to limit police involvement in federal immigration enforcement activities.15 These measures have included, among other things, restricting state and local police from arresting persons for immigration violations, limiting the sharing of immigration-related information with federal authorities, and barring police from questioning a person about his or her immigration status.16

Still, there is no official definition of a “sanctuary” jurisdiction in federal statute or regulation.17 Broadly speaking, sanctuary jurisdictions are commonly understood to be those that have laws or policies designed to substantially limit involvement in federal immigration enforcement activities,18 though there is not necessarily a consensus as to the meaning of this term.19 Some jurisdictions have self-identified as sanctuary cities.

The federal government’s power to regulate immigration is both substantial and exclusive.23 This authority is derived from multiple sources, including Congress’s Article I powers to “establish a uniform Rule of Naturalization” and “regulate commerce with foreign nations, and among the several states,”24 as well as the federal government’s “inherent power as a sovereign to conduct relations with foreign nations.”

The Supreme Court’s 2012 ruling in Arizona v. United States—which invalidated several Arizona laws designed “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States”28 as preempted by federal law—reinforced the federal government’s pervasive role in creating and enforcing the nation’s immigration laws.29 “The Government of the United States,” the Court said, “has broad, undoubted power over the subject of immigration and the status of aliens.”30

Yet despite the federal government’s sweeping authority over immigration, the Supreme Court has cautioned that not “every state enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted” by the federal government’s exclusive power over immigration.39 Accordingly, in Arizona the Supreme Court reiterated that, “[i]n preemption analysis, courts should assume that the historic police powers of the States are not superseded unless that was the clear and manifest purpose of Congress.”40 For example, in Chamber of Commerce of the U.S. v. Whiting, the Supreme Court upheld an Arizona law—related to the states’ “broad authority under their police powers to regulate the employment relationship to protect workers within the State”41—that authorized the revocation of licenses held by state employers that knowingly or intentionally employ unauthorized aliens.42 Even though the Immigration Reform and Control Act of 1986 (IRCA) expressly preempted “any State or local law imposing civil or criminal sanctions … upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” the Supreme Court concluded that Arizona’s law fit within IRCA’s savings clause for state licensing regimes and thus was not preempted.43

Accordingly, based on current jurisprudence, federal measures that impose direct requirements on state or municipal authorities appear most likely to withstand an anti-commandeering challenge if they (1) are not directed at a state’s regulation of the activities of private parties; and (2) apply to the activities of private parties as well as government actors.

Finally, Congress does not violate the Tenth Amendment when it uses its broad authority to enact legislation for the “general welfare” through its spending power,62 including by placing

conditions on funds distributed to the states that require those accepting the funds to take certain actions that Congress otherwise could not directly compel the states to perform.63 However, Congress cannot impose a financial condition that is “so coercive as to pass the point at which ‘pressure turns into compulsion.’”64 For example, in National Federation of Independent Business v. Sebelius, the Supreme Court struck down a provision of the Patient Protection and Affordable Care Act of 2010 (ACA) that purported to withhold Medicaid funding to states that did not expand their Medicaid programs.65 The Court found that the financial conditions placed on the states in the ACA (withholding all federal Medicaid funding, which, according to the Court, typically totals about 20% of a state’s entire budget) were akin to “a gun to the head” and thus unlawfully coercive.66

violations of federal immigration law may be criminal or civil in nature, with alien removal understood to be a civil proceeding.71 Some immigration-related conduct potentially constitutes a removable offense and also may be subject to criminal sanction. For example, an alien who knowingly enters the United States without authorization is not only potentially subject to removal,72 but could also be charged with the criminal offense of unlawful entry.73 Other violations of the INA are exclusively criminal or civil in nature. Notably, an alien’s unauthorized immigration status makes him or her removable, but absent additional factors (e.g., having reentered the United States after being formally removed),74 unlawful presence on its own is not a criminal offense.

Some jurisdictions have adopted measures that restrict or bar police officers from making arrests for violations of federal immigration law. In some jurisdictions restrictions prohibit police from detaining or arresting aliens for civil violations of federal immigration law, like unlawful presence.75 Other jurisdictions prohibit police from making arrests for some criminal violations of federal immigration law, like unlawful entry.76 Still others prohibit assisting federal immigration authorities with investigating or arresting persons for civil or criminal violations of U.S. immigration laws.77 And some other jurisdictions have prohibitions that are broader in scope, such as a general statement that immigration enforcement is the province of federal immigration authorities, rather than that of local law enforcement.

Some states and localities have restricted government agencies or employees from sharing information with federal immigration authorities, primarily to prevent federal authorities from using the information to identify and apprehend unlawfully present aliens for removal.88 For instance, some jurisdictions prohibit law enforcement from notifying federal immigration authorities about the release status of incarcerated aliens, unless the alien has been convicted of certain felonies.89 Similarly, other jurisdictions prohibit their employees from disclosing information about an individual’s immigration status unless the alien is suspected of engaging in illegal activity that is separate from unlawful immigration status.90 Some jurisdictions restrict disclosing information except as required by federal law91—sometimes referred to as a “savings clause”—although it appears that the Department of Justice has interpreted those provisions as conflicting with federal information-sharing provisions. For the full summary and context with access to footnotes, go here.

Remember ACORN? They are Back

Image result for Center for Popular Democracy

From their website in part:

CPD now has 51 staff, offices in New York City, Washington, DC, and Oakland, CA, and staff in Minnesota, Boston, Philadelphia, Los Angeles, Santa Barbara, and Chicago. We work with a remarkably strong cohort of 11 national partners and 43 state partner organizations in 30 states.

CPD’s model for change draws from the successful base-building and policy advocacy of partner organizations such as Make the Road New York (MRNY), CASA de Maryland, and PCUN in Oregon, as well as New York Communities for Change (NYCC), Alliance of Californians for Community Empowerment (ACCE) and Action Now in Illinois, among many others. Around the country, base-building organizations are demonstrating that it is possible to grow to scale, with strong institutional infrastructure and innovative organizing models, and leverage that strength to win cutting-edge policy victories at the federal, state and local levels. CPD grows out of this experience, to bring a range of additional capacities to the field to help base-building organizations scale up even further, to deepen and grow the progressive movement infrastructure, and to advance a pro-worker, pro-immigrant, racial and economic justice policy agenda nationwide.

Image result for Center for Popular Democracy

New $80M Anti-Trump Network Spearheaded by Soros-Funded Org With Former ACORN Employees

Network will focus on pushing back against voter laws leading up to the 2018 and 2020 elections

A new $80 million anti-Trump network is being led by an organization whose top funder is liberal billionaire George Soros and which employs former members of the controversial and now-defunct Association of Community Organizations for Reform Now (ACORN).

The Center for Popular Democracy Action Fund, the 501(c)(4) sister organization of the Center for Popular Democracy (CPD), a New York-based nonprofit that receives the bulk of its funding from George Soros, announced at their spring gala Tuesday that they will be heading up the new $80 million anti-Trump network that will span 32 states and have 48 local partners, CNN reported.

The network will seek to mobilize new voters and fight voter identification laws. It will also focus on gerrymandering and automatic voter registration programs with an eye on the 2018 and 2020 election cycles.

Rep. Keith Ellison (D., Minn.), the deputy chair of the Democratic National Committee, backed the new effort.

“This national network, led by working class people of color and immigrants, will supply the power and the fight we need to resist the Trump administration’s all-out assault on American values,” Ellison told CNN. “I look forward to standing with CPD Action’s leaders in the streets and in Congress to win real progressive change.”

The Center for Popular Democracy, which was founded in 2012, consists of old chapters of ACORN, the community-organizing group that was forced to close after being stripped of its federal funds following controversy in 2010.

Andrew Friedman, a co-executive director at the Center for Popular Democracy, co-founded Make the Road New York, a Latino immigrant group that has worked alongside CPD on a number of anti-Trump campaigns. Friedman serves on the board of Make the Road New York (MRNY) and Make the Road Action Fund, which are closely linked to CPD and contain many overlapping staffers.

Others in leadership roles at CPD have come directly from ACORN.

Brian Kettenring, the other co-executive director of the CPD, was an organizer for ACORN from 1995 to 2010.

Steve Kest, a senior advisor at CPD, worked for ACORN for 35 years and served as its national executive director.

Christina Livingston, a board member of CPD, is the executive director of the Alliance for Californians for Community Empowerment. Livingston previously organized for ACORN out of Los Angeles.

Steve Dooley, the director of partnerships at CPD, began his career at ACORN in D.C. Dooley later directed ACORN’s offices in the Dallas/Fort Worth area.

Greg Basta, the director of sustainability initiatives at CPD, worked as the statewide canvass director for the New York ACORN for five years.

Basta was a founding staff member of New York Communities for Change (NYCC), an ACORN offshoot that was founded in 2010.

The groups, which have combined to receive millions in funding from George Soros, funnel money to each other.

From 2012 to 2014, New York Communities for Change provided $81,700 to the Center for Popular Democracy, according to the group’s Form 990s up to 2014, the last available year. NYCC also passed $358,533 to the Make the Road New York Action Fund during this time.

The Center for Popular Democracy gave New York Communities for Change $406,667 between 2012 and 2014. CPD additionally gave Make the Road New York $173,955. CPD’s Action Fund added another $100,000 to New York Communities for Change.

The Center for Popular Democracy did not respond to inquiries on the new $80 million anti-Trump network. New York Communities for Change and Make the Road New York also did not return requests for comment.

CPD and MRNY have been extremely active in the anti-Trump arena, using protests and pressure campaigns.

The two groups recently “partnered” on a “Corporate Backers of Hate” campaign that targeted JPMorgan Chase, Wells Fargo, Goldman Sachs, Boeing, Disney, IMB, Uber, Blackrock, and Blackstone, corporations they say could profit from President Trump’s policies.

The “mass lobbying” campaign consists of directly pressuring higher ups at each company through emails and has been called “unprecedented” by corporate responsibility experts.

Make the Road was also reported to have organized the “spontaneous” protests at New York’s JFK Airport following Trump’s Muslim travel ban. However, it was later discovered that the protests had been planned since the day after the presidential election.

Uber, which had continued to pick up passengers from the airport during the event, found themselves in the center of the #DeleteUber pressure campaign following the protests. The CEO of Uber, Travis Kalanick, later stepped down from Trump’s advisory council.

The group is also behind the #GrabYourWallet campaign, which targets retailers for carrying Trump family products. Nordstrom ultimately pulled Ivanka Trump’s products, although the store had claimed they had dropped her brand due to declining sales.

The Center for Popular Democracy’s new multi-million dollar network falls in line with a number of major liberal groups who have reorganized to fight back against voter laws following Donald Trump’s victory.

Demos, a New York City-based progressive public policy group chaired by Sen. Elizabeth Warren’s (D., Mass.) daughter, has been assisting unions in pushing back against election lawsuits in number of states after counties had failed to properly maintain their voter rolls. Demos received hundreds of thousands in funding from Soros’ groups.

Marc Elias, Hillary Clinton’s former top campaign lawyer, recently joined the board of Priorities USA Action, a major Democratic super PAC that received $9.5 million from Soros during the 2016 election cycle.

Elias was tapped as the group shifts its focus on pushing back against state-level Republican efforts on voting laws. Every Citizen Counts, a nonprofit founded by Clinton allies focused on mobilizing African American and Latino voters, was absorbed into Priorities USA.

Elias will spearhead challenges against state voting laws from the organization’s nonprofit arm, which is building a national database to be a “one-stop inventory of restrictive voting measures” that they will share with other progressive groups.

Elias previously engaged in a multi-state effort to overturn voter ID laws leading up to the 2016 presidential election. The challenges were backed by millions of dollars from Soros.

Soros has a goal of enlarging the electorate by 10 million voters by 2018, the Washington Free Beacon discovered after a trove of hacked Soros documents were released last year by DC Leaks.

The plan to grow the electorate by millions of voters and combating “suppression” was listed as a top priority in a 220-page guide from his Open Society Foundations.

“The Open Society Foundations supports efforts to encourage wider participation in U.S. elections, and opposes measures used to try to suppress voter participation,” a spokesman from the Open Society Foundations told the Free Beacon at the time.