Category Archives: FBI

Dog Alerted to the Largest Fentanyl Bust Ever

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NOGALES, Ariz. — U.S. Customs and Border Protection officials intercepted nearly 254 pounds of fentanyl at the U.S.-Mexico border Saturday in what the agency called its largest fentanyl bust ever.

Border officials report biggest fentanyl bust

Valued at approximately $3.5 million, the fentanyl was found in a secret compartment inside a load of Mexican produce heading into Arizona. The agency’s police dog team alerted officers to the presence of drugs after a secondary inspection indicated “some anomalies” in the load, Nogales CBP Port Director Michael Humphries said.

Most of the fentanyl was in powder form, though the load did contain about 2 pounds of pills. Agents also seized nearly 395 pounds of methamphetamine with a street value of $1.18 million, Humphries said.

“It is said that a quarter-milligram, or the size of a few grains of salt, of fentanyl, which is a dangerous opioid, can kill a person very quickly,” Humphries said. The seizure, he said, had prevented an immeasurable number of doses of the drug “that could have harmed so many families.” Press release here.

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The driver was enrolled in the FAST program, a trusted travel program for truck drivers. This program also applies to drivers from Canada. The drivers must have a clean record with regard to immigration, law enforcement and customs.Perhaps using Presidential authority, Trump should suspend this program until such time Nancy and Chuck negotiate in good faith as she pledged when government reopened.
The truck itself was carrying cucumbers and the vehicle had a false floor under which during a secondary inspection, the dog alerted. The truck went through a massive x-ray machine. The fentanyl coming from Mexico however while lethal is not as lethal as that coming from China.
Just a few grains of fentanyl can put a person into a coma. Fentanyl should be declared a chemical agent of mass destruction. Question is why has this not been done? The other question is who was this driver working for and who owned the truck? There are more details that need to be released.
Meanwhile you have to ask if the Democrats are reading CBP press releases like this one:

Arrests Made of Chinese Birthing Hotels in California

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By the way, it is not just the Chinese in California, we also have a scandal of the same description in Miami of pregnant Russian women giving birth for US citizenship in Miami.

Any response from Senator Harris or Feinstein? How about Pelosi? Any? Nah….

'Maternity Hotel' In California Suspected Of Housing ...

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Feds Raid California 'Maternity Hotels' for Birth Tourists ...

Primer:

An Irvine-based immigration attorney has been sentenced to 21 months in federal prison for obstructing justice in relation to a scheme in which he agreed to help a Chinese national flee from the United States after the woman had been designated as a “material witness” in a criminal investigation into “birthing houses” operating in Southern California.

Ken Zhiyi Liang, 39, of Irvine, was sentenced Monday afternoon by U.S. District Judge Andrew J. Guildford. Liang was found guilty in September of conspiring to obstruct justice, obstructing justice, and tampering with a witness, who is referred to in court papers as “D.L.”

Liang “was caught on hours of video and audio recordings selling and marketing his abilities to D.L. to help smuggle her out of the United States in violation of court orders, in exchange for a $6,000 fee to himself and a $1,500 to $3,000 fee for three co-conspirators who would assist him,” prosecutors wrote in a sentencing brief filed with the court.

SANTA ANA, Calif. – Following the arrests this morning of three defendants who allegedly operated “birth tourism” outfits that catered to Chinese clients, federal authorities today unsealed indictments that charge a total of 19 people linked to three schemes that operated across Southern California and charged clients tens of thousands of dollars to help them give birth in the United States.

The indictments charge operators and clients of three “maternity house” or “birthing house” schemes that were dismantled in March 2015 when federal agents executed 35 search warrants, which resulted from international undercover operations.

The 17 cases unsealed today contain the first-ever federal criminal charges brought against operators and customers of birth tourism businesses. The birth tourism operations not only committed widespread immigration fraud and engaged in international money laundering, they also defrauded property owners when leasing the apartments and houses used in their birth tourism schemes, according to the indictments.

These cases were investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Los Angeles. Substantial assistance was provided by IRS Criminal Investigation, as well as the Irvine Police Department and the San Bernardino County Sheriff’s Department.

The indictments describe birth tourism schemes in which foreign nationals, mostly from China, applied for visitor visas to come to the United States and lied about the length of their trips, where they would stay, and the purposes of their trips – which were to come to the U.S. for three months to give birth so their children would receive U.S. birthright citizenship.

“America’s way of life is not for sale,” said Joseph Macias, Special Agent in Charge of HSI Los Angeles. “HSI will aggressively target those who would make a mockery of our laws and our values to benefit and enrich themselves. No one needs to be reminded about the national security and public safety implications of visa fraud and the crimes associated with it. Anyone who would exploit our nation’s generosity and our legal immigration system should be on notice – they may end up being the ones to pay a very steep price.”

According to the indictments that charge the operators of the schemes, they coached their Chinese customers how to pass the U.S. Consulate interview in China by falsely stating that they were going to stay in the U.S. for only two weeks. Their clients were also coached to trick U.S. Customs and Border Protection (CBP) at ports of entry by wearing loose clothing that would conceal their pregnancies. The indictments also allege that the customers were directed to fly to Hawaii from China – instead of directly to Los Angeles – because it was easier to get by CBP in Hawaii. The indictments allege that many of the Chinese birth tourism customers failed to pay all of the medical costs associated with their hospital births, and the debts were referred to collection.

“These cases allege a wide array of criminal schemes that sought to defeat our immigration laws – laws that welcome foreign visitors so long as they are truthful about their intentions when entering the country,” said Nick Hanna, U.S. Attorney for the Central District California. “Statements by the operators of these birthing houses show contempt for the United States, while they were luring clients with the power and prestige of U.S. citizenship for their children. Some of the wealthy clients of these businesses also showed blatant contempt for the U.S. by ignoring court orders directing them to stay in the country to assist with the investigation and by skipping out on their unpaid hospital bills.”

Three indictments returned Wednesday by a federal grand jury charge the operators of large birth tourism operations based in Orange, Los Angeles and San Bernardino counties. Pursuant to this week’s indictments, federal authorities this morning arrested three defendants: Dongyuan Li (李冬媛), 41, of Irvine; Michael Wei Yueh Liu (刘维岳), 53, of Rancho Cucamonga; and Jing Dong (董晶), 42, of Fontana. All three are charged with conspiracy to commit immigration fraud, international money laundering and identity theft. Liu is also charged with filing three false tax returns.

According to the indictments charging the operators, all three businesses touted the benefits of giving birth in the U.S., rather than in China, with claims of the U.S. having “the most attractive nationality”; “better air” and less pollution; “priority for jobs in U.S. government”; superior educational resources, including “free education from junior high school to public high school”; a more stable political situation; and the potential to “receive your senior supplement benefits when you are living overseas.”

The indictment naming Li alleges that she operated an Orange County-based business named You Win USA that advertised its “100-person team” in China and the U.S. had served more than 500 Chinese birth tourism customers. Li allegedly used 20 apartments in Irvine, charged each customer $40,000 to $80,000, and received $3 million in international wire transfers from China in just two years. The indictment details communications in which Li referred to U.S. immigration authorities as “the foreigners” and also discussed whether to refund a down payment because, once the customer found out “the baby is a girl, her husband arranged abortion for her.”

“Receiving a tourist visa from the United States Government is a privilege, not a right,” stated IRS Criminal Investigation Acting Special Agent in Charge Bryant Jackson.  “The indictments announced today confirm IRS Criminal Investigation’s commitment to following the money – from China to the United States – to help identify the promoters of this alleged illegal international birth tourism scheme. Using cash, fabricated financial documents, and nominee names for the transfer of money from China to the U.S., the promoters attempted to further their lucrative birth tourism enterprise.”

(The investigation into Li’s operation led to another investigation, which resulted in criminal charges against the 20th person to be charged in this matter. Attorney Ken Zhuyin Liang was sentenced to 21 months in federal prison for helping material witnesses flee to China in violation of court orders.)

Another indictment filed this week charges Wen Rui Deng (邓文瑞), 65, a former Irvine resident who is believed to now be in China, with operating Star Baby Care, a Los Angeles County-based operation that is believed to have been the largest birth tourism scheme in the U.S. On its websites, Star Baby Care boasted that it was founded in 1999 as the “number one designated maternity service to the pregnant mother from China, Hong Kong, and Taiwan,” and had “provided services to 8,000 pregnant women (4,000 from China) since we established.” The indictment alleges that Deng’s scheme used 30 apartments in Rowland Heights and 10 properties in Irvine, including some houses. Deng’s scheme served many customers alleged to be Chinese officials, including some associated with Chinese Central Television, China Telecom, Bank of China, and two local taxation bureaus.

In the third indictment filed this week, Liu and Dong are accused of operating USA Happy Baby Inc., a San Bernardino County-based company that charged “VIP” customers as much as $100,000. Using apartments in Rancho Cucamonga and Irvine, USA Happy Baby allegedly also served Chinese officials, including people associated with the Henan People’s Radio Station in Zhengzhou, the Public Security Bureau in the Beijing Municipal Government, and the Harbin Medical University in Heilongjiang Province. Liu and USA Happy Baby are also charged with filing false tax returns that failed to report more than $1.9 million received over three years. The indictment also alleges that Liu and Dong used 14 different bank accounts to receive more than $3.4 million in international wire transfers from China during 2013 and 2014 alone.

There are 16 fugitive defendants whose indictments were unsealed today include. They are:

  • Qiang Yan (闫强), 42, who is Dongyuan Li’s husband, was indicted in December 2018 on three counts of visa fraud for filing an application for an “O” visa premised upon being an “alien of extraordinary ability,” which falsely claimed that he had co-authored two books and attached fake copies of those books. The indictment naming his wife notes that when Yan was interviewed during a search of Li’s multi-million-dollar residence in Irvine, he told the federal agents that his birth tourism business investment was “chump change,” because he had more than $10 million in his bank accounts in China.
  • Xiao Yan Liu (刘小燕), 39, who was indicted in November 2018 for two counts of visa fraud and one count of lying to federal law enforcement. According to her visa application, she was the “Chief Physician” at the Henan Shangqiu Power Supply Company Staff Hospital.
  • Jun Xiao (肖俊), 30, and LongJing Yi (易珑静), 30, who were indicted in February 2018 on charges of conspiracy, visa fraud, obstruction of justice, and criminal contempt. According to their indictment, Xiao and Yi made false statements on their visa applications, namely that they would be staying in the United States for only 15 days. According to court documents in their case, Xiao and Yi paid only $4,600 of the $32,291 in hospital charges related to the birth of their baby. The indictments detail communications from Xiao after he had fled to China, where he continued to denigrate the Court’s Order requiring him to stay in the U.S.: “Anyway, I’m already home. U.S. can’t do anything to me.”
  • Dongjiang He (贺东江), 46, was indicted in February 2018 for fleeing with his wife to China, in violation of a federal court order. On his visa application, He listed his occupation as “Government” and his position as “Project Manager and Secretary General” for the China Nonferrous Metals Techno Economic Research Institute, which is located in the Haidian District in Beijing. He’s wife, Zhichan Yu (余芝婵), 40, also was indicted in February 2018 on charges of visa fraud, obstruction of justice, and contempt of court after fleeing to China in violation of a federal court order.
  • Jia Luo (罗佳), 30, was indicted in February 2018 for fleeing to China in violation of a federal court order. According to court documents, Luo lied on her visa application and lied to U.S. Customs officers in Hawaii when asked her if she was planning on having a baby in the United States.
  • Renlong Chen (陈人龙), 34, and his wife Wei Wang (王伟), 33, were indicted in February 2018 for fleeing to China, in violation of federal court orders. Chen and Wang are accused of making false statements on their visa applications by stating they would be visiting the United States for only eight days, when they actually made arrangements to stay at a maternity house in Rancho Cucamonga for three months so that Wang could give birth in the United States.
  • Jie He (何洁), 29, was indicted in February 2018 for fleeing to China in violation of federal court order. He allegedly made false statements on her visa application, including that she planned to stay in the United States for only 20 days, when she actually entered into a contract to pay approximately $50,000 to obtain a visa and stay in the United States for several months to give birth. According to court documents, Jie He told HSI special agents that she flew into Las Vegas, rather than Los Angeles, because the Chinese maternity operator had advised her that it was easier to enter through Las Vegas.
  • Eryun Zhang (张尔芸), 25; her husband, Liang Ni (倪梁), 25; and her mother, Ji Xu (徐激), 50, were indicted in February 2018 for fleeing to China in violation of federal court orders. According to court documents, Ni admitted that, during an interview conducted at the U.S. Consulate in China, he falsely stated that the purpose of their trip was for their honeymoon, rather than the true reason for Zhang to give birth in the United States.
  • Chao Chen (陈超), 34, a partner in the You Win USA scheme, was indicted in December 2018 with one count of contempt of court for fleeing the U.S. while he was pending sentencing. Chen previously pleaded guilty to visa fraud, marriage fraud and tax fraud.
  • Ji Zhu (朱洁), 31, who was indicted in March 2018 for one count of marriage fraud, for allegedly marrying a U.S. citizen to obtain U.S. citizenship, even though she really was married to Chao Chen. Zhu fled to China with Chao Chen, where they remain fugitives from justice.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

The three defendants arrested this morning are expected to be arraigned on the indictments this afternoon in U.S. District Court in Santa Ana.

HSI’s investigation into Dongyuan Li’s You Win USA scheme has resulted in seizure and/or forfeiture proceedings against three real properties with millions of dollars in equity, including her $2.1 million residence in Irvine; six vehicles, including four Mercedes Benz vehicles; more than $1 million from bank accounts; and many gold bars and coins.

 

US intelligence warns of ‘ever more diverse’ threats

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Traditional adversaries will continue attempts to gain and assert influence, taking advantage
of changing conditions in the international environment—including the weakening of the
post-WWII international order and dominance of Western democratic ideals, increasingly isolationist
tendencies in the West, and shifts in the global economy. These adversaries pose challenges within
traditional, non-traditional, hybrid, and asymmetric military, economic, and political spheres. Russian
efforts to increase its influence and authority are likely to continue and may conflict with U.S. goals
and priorities in multiple regions. Chinese military modernization and continued pursuit of economic
and territorial predominance in the Pacific region and beyond remain a concern, though opportunities exist to work with Beijing on issues of mutual concern, such as North Korean aggression and continued
pursuit of nuclear and ballistic missile technology.
Despite its 2015 commitment to a peaceful nuclear program, Iran’s pursuit of more advanced missile
and military capabilities and continued support for terrorist groups, militants, and other U.S. opponents will continue to threaten U.S. interests. Multiple adversaries continue to pursue capabilities to inflict potentially catastrophic damage to U.S. interests through the acquisition and use of weapons of mass destruction (WMD), which includes biological, chemical, and nuclear weapons.
In addition to these familiar threats, our adversaries are increasingly leveraging rapid advances in
technology to pose new and evolving threats —particularly in the realm of space, cyberspace,
computing, and other emerging, disruptive technologies. Technological advances will enable
a wider range of actors to acquire sophisticated capabilities that were previously available only to
well-resourced states.
No longer a solely U.S. domain, the democratization of space poses significant challenges for the United States and the IC. Adversaries are increasing their presence in this domain with plans to reach or exceed parity in some areas. For example, Russia and China will continue to pursue a full range
of anti-satellite weapons as a means to reduce U.S. military effectiveness and overall security.
Increasing commercialization of space now provides capabilities that were once limited to global powers to anyone that can afford to buy them. Many aspects of modern society—to include our ability to conduct military operations—rely on our access to and equipment in space. Full report here.

Strategy Promotes Integration, Innovation, Partnerships, and Transparency
for the 17 Intelligence Elements

DIRECTOR OF NATIONAL INTELLIGENCE: Joint Statement from ...

Director of National Intelligence Daniel R. Coats unveiled the 2019 National Intelligence Strategy (NIS) today. The NIS is the guiding strategy for the U.S. Intelligence Community (IC) and will drive the strategic direction for the Nation’s 17 IC elements for the next four years.

https://cdn.tuoitre.vn/2018/12/22/us-dni-dan-coats-afp-15454354274791453938449.jpg

The 2019 strategy is the fourth iteration for the NIS and seeks to make our nation more secure by driving the IC to be more integrated, agile, resilient, and innovative.

“This strategy is based on the core principle of seeking the truth and speaking the truth to our policymakers and the American people in order to protect our country,” said Director Coats. “As a Community, we must become more agile, build and leverage partnerships, and apply the most advanced technologies in pursuit of unmatched insights. The 2019 NIS provides a roadmap to achieve this end.”

The NIS is one of the most important documents for the IC, as it aligns IC efforts to the National Security Strategy, sets priorities and objectives, and focuses resources on current and future operational, acquisition, and capability development decisions. Also, the NIS provides the IC with the opportunity to communicate those national priorities to the IC workforce, partners, oversight, customers, and fellow citizens.

The 2019 NIS focuses on:

 

  • Integration – harnessing the full talent and tools of the IC by bringing the right information, to the right people, at the right time.
  • Innovation – making the IC more agile by swiftly enabling the right people and leveraging the right technology and using them efficiently to advance the highest priorities.
  • Partnerships – leveraging strong, unique, and valuable partnerships to support and enable national security outcomes.
  • Transparency – earning and upholding the trust and faith of the IC’s customers and the American people.

The NIS was developed in response to rapid advances made by our adversaries and the ODNI’s recognition that the IC needs to change to more effectively respond to those challenges.

In his 2019 NIS opening message, the DNI states, “We face a significant challenge in the domestic and global environment; we must be ready to meet 21st century challenges and to recognize emerging threats and opportunities. To navigate today’s turbulent and complex strategic environment, we must do things differently.”

To guide the IC in facing these challenges, the NIS identifies and explains the IC’s objectives – both what the Community must accomplish (mission objectives) and what capabilities the Community must build in order to do so (enterprise objectives).

The seven mission objectives are 1) strategic intelligence; 2) anticipatory intelligence; 3) current operations intelligence; 4) cyber threat intelligence; 5) counterterrorism; 6) counterproliferation; and 7) counterintelligence and security.

The seven enterprise objectives are 1) integrated mission management; 2) integrated business management; 3) people; 4) innovation; 5) information sharing and safeguarding; 6) partnerships; and 7) privacy, civil liberties, and transparency.

“These objectives will allow the IC to continue the crucial work of supporting our senior policymakers, warfighters, and democracy while increasing transparency and protecting privacy and civil liberties,” said Director Coats.

The NIS includes the seven Principles of Professional Ethics for the Intelligence Community: 1) mission; 2) truth; 3) lawfulness; 4) integrity; 5) stewardship; 6) excellence; and 7) diversity. The NIS also includes the Principles of Intelligence Transparency for the Intelligence Community.

“Transparency will be our hallmark, and I cannot stress this enough – this is not a limitation on us,” said Director Coats. “Transparency will make us stronger. It is the right thing to do, across the board. This is the reason we publish the NIS at the unclassified level.”

The Office of the Director of National Intelligence oversees the coordination and integration of the 17 federal organizations that make up the Intelligence Community. The DNI sets the priorities for and manages the implementation of the National Intelligence Program, which is the IC’s budget. Additionally, the DNI is the principal advisor to the President and the National Security Council on all intelligence issues related to national security.

 

Is Topuz a Spy? Turkey Thinks So

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ISTANBUL: Turkish prosecutors have prepared the charge sheet against a local employee of the US consulate who was arrested over alleged links to the network of US-based cleric Fethullah Gulen, Demiroren News Agency (DHA) reported.
Gulen is accused by Ankara of orchestrating a coup attempt in 2016, in which he denies all involvement.
Consulate worker Metin Topuz’s arrest in October 2017 added to existing tensions between the United States and Turkey, and led to a months-long suspension of bilateral visa services.
Relations between the two NATO allies have been strained over US support for Kurdish fighters in northern Syria, Turkey’s plan to buy a Russian missile defense system, and the US jailing of an executive at a Turkish state bank in an Iran sanctions-busting case.
Topuz is in jail along with two other local consulate employees, as is a Turkish-US national and former NASA scientist who faces terrorism charges. Washington wants all of them to be released.
DHA quoted from Topuz’s 78-page indictment, which stated that he had very close contact with police officers suspected of playing a role in the coup attempt. The news agency said the document listed President Tayyip Erdogan and former Prime Minister Binali Yildirim, among others, as complainants.
Under Turkish law, a judge would now decide if Topuz’s case should proceed to trial.
The prosecutor’s office could not immediately be reached for comment on Saturday.
Ankara has repeatedly demanded that the United States extradite Gulen to Turkey. The cleric has lived in self-imposed exile since 1999.
Turkey has detained 160,000 people and dismissed nearly the same number of civil servants over suspected links to the coup attempt, according to the UN human rights office.
There was some easing of US-Turkish tensions late last year when an Ankara court freed a US pastor who had been detained for two years over accusations of links to Kurdish militants and supporters of Gulen.

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Turkish prosecutors are seeking a life sentence for a local employee of the United States consulate in Istanbul accused of attempting to overthrow the government and espionage.

A 78-page indictment seen by The Associated Press on Sunday against Turkish national Metin Topuz, jailed since October 2017, said he was in “very intense contact” with police officers who led a 2013 anti-corruption investigation that implicated top government officials.

The Turkish government accused U.S.-based cleric Fethullah Gulen for attempting a “judicial coup” with that investigation and labeled his network a terror group. Gulen is also blamed for the 2016 failed coup but he denies the accusations.

The indictment said Topuz, who worked as a translator and fixer for the Drug Enforcement Agency in the U.S. Consulate in Istanbul, told authorities he had been in touch with several police officers with alleged links to Gulen for narcotic investigations.

The prosecutor said this was a “reflexive acknowledgment of his crimes” and claimed Topuz’s communication with the officers was “beyond the limits of consular work.”

The indictment includes telephone calls, text messages, CCTV frame grabs with suspected police officers, along with testimonies from four witnesses and two suspects.

He’s also accused of privacy violations and illegally recording personal data.

A call to Topuz’s lawyer on Sunday was not immediately returned.

A judge will decide whether the case will proceed to trial. Among the 30 complainants are Turkish President Recep Tayyip Erdogan and former ministers.

Topuz’s arrest increased tensions between the two NATO allies in 2017 and led to the suspension of bilateral visa services for more than two months.

Relations hit rock bottom last summer when U.S. President Donald Trump sanctioned two Turkish officials and increased tariffs on aluminum and steel imports, causing a huge loss in the Turkish lira’s value, to pressure the country to release an imprisoned American pastor. Pastor Andrew Brunson was convicted in October for terror links but later allowed to leave the country.

Two other local consular employees are under investigation in Turkey. Jailed translator Hamza Ulucay is accused of terror group membership with alleged links to outlawed Kurdish militants, and staff Mete Canturk was placed under house arrest.

Ties have been on the mend since, but a host of issues remain as irritants, including U.S. support for Kurdish militants in Syria Turkey considers terrorists, Turkey’s pledge to buy Russian missile defense systems and cleric Gulen’s continued residence in Pennsylvania.

The Turkish government launched a massive crackdown against Gulen’s network following the 2016 coup and arrested more than 77,000 people and sacked more than 130,000 public employees through emergency decrees. Critics say the purge went beyond the suspects of the coup with the arrest of journalists, lawmakers and activists.

2003, Sheila Jackson Lee’s Position on Immigration

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Actually, I was researching something else that is part of the same topic and came across this Congressional hearing from 2003. Congresswoman, Sheila Jackson Lee offered her opening statement to the hearing. Read it here. Take note, I did.

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OPENING STATEMENT
The Honorable John N. Hostettler, a Representative in Congress From the State of Indiana, and Chairman, Subcommittee on Immigration, Border Security, and Claims

The Honorable Sheila Jackson Lee, a Representative in Congress From the State of Texas, and Ranking Member, Subcommittee on Immigration, Border Security, and Claims

The Honorable Lamar Smith, a Representative in Congress From the State of Texas

WITNESSES

Mr. John Feinblatt, Criminal Justice Coordinator, City of New York
Oral Testimony
Prepared Statement

Mr. Michael J. Cutler, former Senior Special Agent, New York District Office, Immigration and Naturalization Service
Oral Testimony
Prepared Statement

Mr. John Nickell, Officer, Houston Police Department
Oral Testimony
Prepared Statement

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Ms. Leslye E. Orloff, Immigrant Women Program, NOW Legal Defense and Education Fund
Oral Testimony
Prepared Statement

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

Executive Order 124, City Policy Concerning Aliens, New York City

General Order, Houston Police Department

Immigration and Naturalization Service Memo

APPENDIX

Material Submitted for the Hearing Record

The Honorable Sheila Jackson Lee, a Representative in Congress From the State of Texas, and Ranking Member, Subcommittee on Immigration, Border Security, and Claims

The Honorable John Conyers, Jr., a Representative in Congress From the State of Michigan, and Ranking Member, Committee on the Judiciary

NEW YORK CITY’S ‘SANCTUARY’ POLICY AND THE EFFECT OF SUCH POLICIES ON PUBLIC SAFETY, LAW ENFORCEMENT, AND IMMIGRATION

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THURSDAY, FEBRUARY 27, 2003

House of Representatives,
Subcommittee on Immigration,
Border Security, and Claims,
Committee on the Judiciary,
Washington, DC.

The Subcommittee met, pursuant to call, at 9:07 a.m., in Room 2237, Rayburn House Office Building, Hon. John Hostettler [Chairman of the Subcommittee] presiding.

Mr. HOSTETTLER. The Subcommittee will now come to order.

On December 19, 2002, a 42-year-old mother of two was abducted and forced by her assailants into a hideout near some railroad tracks in Queens, New York. She was brutally assaulted before being rescued by a New York Police Department canine unit.

The NYPD arrested five aliens in connection with that assault. According to records that the Judiciary Committee has received from the INS, four of those aliens entered the United States illegally. Three of those four had extensive arrest histories in New York City. The fifth alien, a lawful permanent resident, also had a criminal history prior to the December 19, 2002, attack.

Despite the criminal histories of the four aliens, however, it does not appear from the records that the Committee has received that the NYPD told the INS about these aliens until after the December 19 attack.

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These heinous crimes prompted extensive public discussion of whether New York City police were barred from disclosing immigration information to the INS, a policy that may have prevented the removal of these aliens prior to the December 19 attack.

Some suggested that the only reason that the three illegal aliens were in the United States, despite their extensive arrest histories, was because the NYPD officers who arrested these aliens previously were barred by a so-called ”sanctuary” policy from contacting the INS. That policy, critics claimed, prevented NYPD officers from contacting the INS when they arrested an illegal alien.

We will examine New York City’s policy on the NYPD’s disclosure of immigration information to the INS. New York’s Executive Order, or E.O. 124, barred line officers from communicating directly with the INS about criminal aliens. That executive order was issued by Mayor Ed Koch in 1989 and reissued by Mayors Dinkins and Giuliani.

Two Federal provisions, both of which were passed in 1996, preempted this executive order. In particular, section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act bars States and localities from prohibiting their officers from sending immigration information to the INS. New York City challenged that provision in Federal court and lost.

We will examine whether New York City continued E.O. 124, amended it, or scrapped it altogether. We will also examine what guidance the city has sent to its officers on the street about reporting criminal aliens to the INS.

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At this hearing, the Subcommittee will also explore what effect any New York City sanctuary policy had on the fact that the three illegal aliens with arrest histories had not been deported. We will also examine the INS’s responsiveness to the information that it receives from New York City about arrested criminal aliens if, in fact, the INS does receive such information. In addition, we will examine similar policies that other localities have implemented.

In particular, Officer John Nickell of the Houston Police Department will discuss that department’s policy concerning officer contacts with the INS about criminal aliens. That policy bars Houston officers from contacting the INS about suspected illegal aliens, unless the suspected illegal alien is arrested on a separate criminal charge other than a class of misdemeanors ”and the officer knows the prisoner is an illegal alien.”

Significantly, despite this knowledge, requirement for contacting the INS, Houston officers are barred from asking arrested criminal suspects their citizenship status.

The Subcommittee will assess the effect that such policies have had on law enforcement, immigration enforcement, and public safety as well as their consistency with Federal law.

Joining us today are four witnesses. First of all, John Feinblatt is the criminal justice coordinator for the City of New York. He received his law degree from Columbus School of Law at Catholic University, and his bachelor of arts degree from Wesleyan University in Connecticut. He has served as a criminal defense attorney in New York, executive director of victim services, and director of the Midtown Community Court and the Center for Court Innovation.

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Michael Cutler is a retired senior special agent with the Immigration and Naturalization Service, New York District Office. He received his bachelor of arts degree from Brooklyn College and the City University of New York in 1971 before joining the INS that same year as an immigration inspector at JFK airport. He also served as a green card adjudicator before becoming an INS criminal investigator, working with the Israeli national police and the FBI.

He was the INS representative to the Unified Intelligence Division of the DEA in New York. Finally, in 1991, Mr. Cutler was assigned to the Organized Crime Drug Enforcement Task Force. Mr. Cutler last testified before this Subcommittee as a witness for the minority in March 2002.

John Nickell is an officer with the Houston Police Department. Officer Nickell has served with the Houston Police Department for 11 years, specializing in DWI detection and drug recognition enforcement. He served 6 years in the United States Marine Corps and is a Desert Storm veteran.

Ms. Leslye Orloff is the director of the Immigrant Women Program for the National Organization for Women’s Legal Defense and Education Fund. She received her law degree from UCLA, and her bachelor of arts degree is from Brandeis University. She has previously worked as the director of the Latino Project at the George Washington University National Law Center, the director of the Clinica Legal Latina, and director of Ayuda’s national policy program. She has also written and testified extensively.

Before I go to the witnesses, I would like to now turn to the Ranking Member of the Subcommittee, Ms. Jackson Lee, for any opening remarks she may have.

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Ms. JACKSON LEE. Thank you very much, Mr. Chairman.

As we begin the 108th Congress with the very first hearing for our Subcommittee, I want to express to you my belief that we’ll have an opportunity to work together and work together on issues and commonality for the good of this Nation. And as well, hopefully, to reflect the values that we both have, though they may be distinctive, that we do have the responsibility to govern and oversee the very effective policies of immigration laws here in the United States, many of which are reminding us that we are a Nation of immigrants as we are a Nation of laws.

And so I look forward to the challenges that we will have, and I hope that as we proceed, even in our different perspectives, we’ll have an opportunity to be able to serve this Country and present very effective resolutions to some problems that we will face.

This morning, obviously, we are pursuing an issue that needs addressing. And certainly, we are told of accounts, many accounts, that deal with immigrant issues and the criminal system.

In particular, we are aware of an incident that occurred in New York—Queens, New York, in particular—that an alleged group of young and homeless men surrounded a couple sitting on a bench in an isolated part of Queens, New York. And the allegations of a criminal incident that occurred where they beat and robbed the man and raped the woman.

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    Apparently, it was alleged that four of the men were undocumented aliens from Mexico who had been arrested previously.

One of the questions for this hearing, as was stated, is whether a New York City policy prevented the police involved in the previous arrest from reporting the men to the Immigration and Naturalization Service.

The policy in question is set forth in Executive Order No. 124, which was issued by New York Mayor Ed Koch on August 7, 1989. It is entitled, ”City Policy Concerning Aliens.”

[The New York Executive Order follows:]

EO124A.eps

EO124B.eps

EO124C.eps

This order prohibits the transmission of information about an alien to the Immigration Service. But the prohibition has three exceptions, one of which is for the situation in which the alien is suspected of engaging in criminal activity. And I repeat that again. There is an exception. The police did have discretion.

This order, therefore, did not prevent the police from reporting the homeless men to the Immigration Service when they were arrested previously. The pertinent issue regarding that case is whether New York Police Department should have been required by Federal law to report the homeless men to the Immigration Service.

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I believe it is imperative to assess the challenges that local police have. They have enormous challenges. And so the question is whether or not you add to them the responsibility of enforcing immigration law.

But when we ask that question, we have to look to the issue of whether or not, by definition, immigration equates to either terrorism or criminal activity.

I think the statistics would prove that that is not the case, so discretion is appropriate. That means that when there is suggestion of criminal activity, when there is any activity—whether it be misdemeanor level or otherwise—and they are engaged in a criminal activity, discretion does come about.

We have to realize that our immigrants do many things. They work for us. They live in our communities. They provide police officers with insight and information about criminal activity going on in their particular communities. They speak, sometimes, two languages. If they’ve learned the English language, which they will and eventually do, and therefore are able to provide information because they are bilingual or maybe even multilingual.

Immigration law is a complicated body of law that requires extensive training and expertise. It is also not a body of only criminal law or criminal law at all. It is a civilian body of law. It is a law that deals with immigrants accessing the process of citizenship.

Local law enforcement officials do not have the training and expertise that is necessary to determine who is presently lawfully in the country and who is not.

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Community-based policing is one of the most powerful law enforcement tools available. I know for a fact that it is utilized in New York. I know for a fact it is utilized in Houston. It is effective.

Police get to understand and know the community, and people, by their very nature of wanting to be law-abiding—no matter who they are, immigrant or citizen—come to respect and admire the police and provide them with information to help them solve cases and problems.

By developing strong ties with local communities, police departments are able to obtain valuable information that helps them to fight a crime, even in a bilingual immigrant community or a single-language immigrant community. The development of community-based policing has been widely recognized as an effective tool for keeping kids off drugs, combating gang violence, and reducing crime rates in neighborhoods around the country.

In immigrant communities, it is particularly difficult for the police to establish the relationships that are the foundations for such successful police work. Many immigrants come from countries in which people are afraid of police who may be corrupt or even violent, and the prospect of being reported to the Immigration Service would be further reason for distrusting the police here in the United States of America.

In some cities, criminals have exploited the fear that immigrant communities have of all law enforcement officials, and certainly that should not be the case. For instance, in Durham, North Carolina, thieves told their victims in a community of migrant workers and new immigrants that if they called the police they would be deported, and they may be—may have been under legitimate agricultural visas and provisions to be in this Country.

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Local police officers have found that people are being robbed multiple times and are not reporting the crimes because of such fear instilled by robbers. These immigrants are left vulnerable to crimes of all sorts, not just robbery.

In 1998, Elena Gonzalez, an immigrant in New Jersey, was found murdered in the basement of her apartment. Friends of the woman said that the suspected murderer, her former boyfriend, threatened to report her to the INS if she did not do what she was told.

We realize that there are sex slaves. There are young women who are brought into this country and held for months and years at a time, because I know that they are fearful of the police as well.

Many communities find it difficult financially to support a police force with the personnel and equipment necessary to perform regular police work. Requiring State and local police forces to report to the Immigration Service would be, I believe, an imbalanced, misdirected use of these limited resources.

Remember, it is important to note that the police have discretion, that as they encourage and become familiar and involved with the immigrant community, as the police forces are diversified with Hispanics, African Americans, Asians, individuals from the Muslim community, Arab community—those are individuals who are men and women who believe in upholding the law.

Let them become familiar with these neighborhoods, and I can assure you that crime will come down and problems will be solved.

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The Immigration Service has limited resources, yes. But as we look toward this new year—the Homeland Security Department, the Justice Department—we know that we’ll be refining these resources and adding training to these particular law enforcement agencies as we give more dollars to the first responders.

Let us be reminded of the terrible, horrific act of the snipers here in this region and the information that was important that was given to solve those problems by immigrants who were first allegedly targeted as the perpetrators, and it was not the case.

The immigrant service does not have the resources it needs to deport dangerous criminals, prevent persons from unlawfully entering or remaining in the United States, and we must give them those resources. And we need to have the INS with the resources that it needs to enforce immigration laws in the interior of the country.

That is what we will be working on. That is an important responsibility, and that is a responsibility that I support.

Having to respond to every State and local police officer’s report of someone who appears to be an illegal alien would prevent the Immigration Service from properly prioritizing its efforts and working to ensure that its major work of getting those dangerously in our Country deported would be delayed.

Local police can and should report immigrants to the immigration service in many situations. I encourage them to do so. With that kind of process and policy, we can work collectively together, keeping our responsibilities as a Federal Government and keeping our responsibilities to our local constituents in the work that the local official should be doing. The decision to contact Immigration Service, however, should be a matter of police discretion and not a Federal law decision.

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I would simply say, Mr. Chairman, that this will be an important hearing.

I welcome Mr. Nickell to this particular hearing, and he certainly is a very able representative of the Houston Police Department, of which I count many of them as my friends.

And I want to acknowledge publicly the greatest respect I have for the great work that you do.

And I know that as I listen to you, I will be attentive and certainly know that the police department in my community has been able to work within the laws of this land, with the Federal laws as they are, and your laws using your discretion, your expertise, and of course, your commitment to the community as the basis of serving us.

Thank you very much for your service.

Mr. HOSTETTLER. Thank you, Ms. Jackson Lee.

Read the full testimony from the hearing here.