Category Archives: Gangs and Crimes

Trump’s Aggressive Immigration Plan Released

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When it comes to asylum seekers, a person under the Obama administration only needed to say they were seeking asylum. Trump’s plan raises the bar where conditions for being granted asylum must be proven.

Image result for trump immigration plan Image result for trump immigration detention centers

In part from Reuters:

WHAT IS “CREDIBLE FEAR”?

Under the Immigration and Nationality Act, an applicant must generally demonstrate “a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Immigration lawyers say any applicants who appear to meet that criteria in their initial interviews should be allowed to make their cases in court. They oppose encouraging asylum officers to take a stricter stance on questioning claims and rejecting applications.

Interviews to assess credible fear are conducted almost immediately after an asylum request is made, often at the border or in detention facilities by immigration agents or asylum officers, and most applicants easily clear that hurdle. Between July and September of 2016, U.S. asylum officers accepted nearly 88 percent of the claims of credible fear, according to U.S. Citizenship and Immigration Services data.

Asylum seekers who fail the credible fear test can be quickly deported unless they file an appeal. Currently, those who pass the test are eventually released and allowed to remain in the United States awaiting hearings, which are often scheduled years into the future because of a backlog of more than 500,000 cases in immigration courts.

Between October 2015 and April 2016, nearly 50,000 migrants claimed credible fear, 78 percent of whom were from Honduras, El Salvador, Guatemala or Mexico, according to statistics from USCIS.

The number of migrants from those three countries who passed credible fear and went to court to make their case for asylum rose sharply between 2011 and 2015, from 13,970 claims to 34,125, according to data from the Justice Department. More here from Reuters.

 

Implementing the President’s Border Security and Immigration Enforcement Improvements Policies by USA TODAY on Scribd

FNC: Homeland Security Secretary John Kelly moved Tuesday to implement a host of immigration enforcement changes ordered by President Trump, directing agency heads to hire thousands more officers, end so-called “catch-and-release” policies and begin work on the president’s promised U.S.-Mexico border wall.

“It is in the national interest of the United States to prevent criminals and criminal organizations from destabilizing border security,” Kelly wrote in one of two memos released Tuesday by the department.

The memos follow up on Trump’s related executive actions from January and, at their heart, aim to toughen immigration enforcement.

The changes would spare so-called “dreamers.” On a conference call with reporters, a DHS official stressed that the directives would not affect Obama-era protections for illegal immigrants who came to the U.S. as children and others given a reprieve in 2014. But outside those exemptions, Kelly wrote that DHS “no longer will exempt classes or categories of removable aliens from potential enforcement.”

A DHS official said the agencies are “going back to our traditional roots” on enforcement.

The memos cover a sprawling set of initiatives including:

  • Prioritizing criminal illegal immigrants and others for deportation, updating guidance from previous administration
  • Expanding the 287(g) program, which allows participating local officers to act as immigration agents – and had been rolled back under the Obama administration
  • Starting the planning, design and construction of a U.S.-Mexico border wall
  • Hiring 10,000 Immigration and Customs Enforcement agents and officers
  • Hiring 5,000 Border Patrol agents
  • Ending “catch-and-release” policies under which illegal immigrants subject to deportation potentially are allowed to “abscond” and fail to appear at removal hearings

It’s unclear what timelines the secretary is setting for some of these objectives, and what budgetary and other constraints the department and its myriad agencies will face. In pursuing an end to “catch-and-release,” one memo called for a plan with the Justice Department to “surge” immigration judges and asylum officers to handle additional cases.

While congressional Republicans have vowed to work with Trump to fund the front-end costs associated with his promised border wall, the same memo also hints at future efforts to potentially use money otherwise meant for Mexico – following on Trump’s repeated campaign vow to make Mexico pay for the wall. The secretary called for “identifying and quantifying” sources of aid to Mexico, without saying in the memo how that information might be used.

Mexican officials repeatedly have said they will not pay for a border barrier. DHS said it has identified initial locations to build a wall where current fencing is not effective, near El Paso, Texas; Tucson, Ariz.; and El Centro, Calif.

The DHS directives come as the Trump White House continues to work on rewriting its controversial executive order suspending the U.S. refugee program as well as travel from seven mostly Muslim countries. The order was put on hold by a federal court, and Trump’s team is said to be working on a new measure.

The directives also come as the Trump administration faces criticism from Democratic lawmakers and immigration advocacy groups for recent ICE raids of illegal immigrants.

DHS officials on Tuesday’s conference call stressed that they are operating under existing law and once again shot down an apparently erroneous news report from last week claiming National Guard troops could be utilized to round up illegal immigrants. That will not happen, an official said.

“We’re going to treat everyone humanely and with dignity, but we are going to execute the laws of the United States,” a DHS official said on the conference call.

Trump Sanctions VP of Venezuela, Finally

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U.S. Hits Venezuelan Vice President With ‘Kingpin’ Act Sanctions

  • Tareck El Aissami is highest-ranking Venezuelan on list
  • People on Treasury Department list have assets blocked
 
Nicolas Maduro, Venezuela’s president, right, waves to attendees while accompanied by Tareck El Aissami, Venezuela’s vice president, before the start of his annual address at the Supreme Court in Caracas on Jan. 15, 2017. Photographer: Carlos Becerra/Bloomberg

Bloomberg: The Trump administration imposed sanctions against Venezuelan Vice President Tareck El Aissami, after years of investigation by U.S. authorities into his alleged participation in drug trafficking and money laundering.

The Treasury Department announced the move Monday, placing El Aissami and another Venezuelan on a U.S. list of foreign nationals with suspected ties to drug trafficking. El Aissami has consistently denied all allegations against him. His office declined to comment on the U.S. decision after it was announced.

“He facilitated shipments of narcotics from Venezuela, to include control over planes that leave from a Venezuelan air base, as well as control of drug routes through the ports in Venezuela,” according to a Treasury Department statement. “He also facilitated, coordinated, and protected other narcotics traffickers operating in Venezuela.”

El Aissami is the highest-ranking Venezuelan hit by U.S. sanctions and the most-senior government leader of any country on the so-called Specially Designated Nationals list, according to a U.S. official, who discussed the matter on condition of anonymity. Those listed have their assets blocked and U.S. citizens, institutions and companies are prohibited worldwide from dealing with them, according to the Treasury Department.

The sanctions mark an extraordinary step against the second-in-command of a foreign government and are sure to lead to a further deterioration of U.S. relations with the government of Venezuelan President Nicolas Maduro, who appointed El Aissami as vice president on Jan. 4 amid a deepening economic and humanitarian crisis.

Business Associate

The U.S. also listed Samark Lopez Bello, a Venezuelan citizen with no public government affiliation, who’s considered to be El Aissami’s business associate. According to the official, El Aissami facilitated shipments of more than 1,000 kilograms of drugs on multiple occasions from Venezuela to U.S. and Mexico, and used Lopez Bello to acquire properties on his behalf.

“Lopez Bello is a key frontman for El Aissami and in that capacity launders drug proceeds,” according to the Treasury statement.

Sanctions were also imposed on eight companies based in Venezuela, the British Virgin Islands, Panama and the U.K. The U.S. also froze assets of five U.S.-based companies with real estate holdings in Miami, according to the statement. Together, the actions are designed to freeze tens of millions of dollars in assets, said the U.S. official.

While U.S. officials were gathering evidence under President Barack Obama and prior to El Aissami’s ascent to the vice presidency, action stalled until now. The designations didn’t require President Donald Trump’s personal approval, and Trump has not been involved in the discussions, according to another U.S. official, who also spoke on condition of anonymity.

Any Tool

“It is not a political message, an economic message, it is not a message between governments,” said William R. Brownfield, assistant U.S. secretary of state for international narcotics and law enforcement affairs and a former ambassador to Venezuela between 2004-2007. “It is not even a message of diplomacy. It is a message that says that we will in fact use any tool, any legal and lawful tool in our inventory, to go after those that are engaged in international drug trafficking.”

The measures are being imposed under the the Foreign Narcotics Kingpin Designation Act, which was signed into law by President Bill Clinton in 1999. It has targeted approximately 2,000 individuals since 1999, including eight Venezuelan officials, U.S. officials said.

Brownfield, who has served in his position since 2011, said in his experience the evidence behind the planned designations “is as tight an evidence package as I have seen.”

El Aissami, the son of Syrian and Lebanese immigrants, has long been one of Venezuela’s most controversial and feared politicians. In just over a decade, the 42-year-old climbed government ranks from a student leader in rural Venezuela, to interior minister, to his previous post as the governor of Aragua state.

Decree Powers

In the weeks since becoming vice president, El Aissami received wide-reaching decree powers from Maduro, who tapped him to lead a newly formed “commando unit” against alleged coup plotters and officials suspected of treason. Among the slew of arrests since the unit’s formation is a substitute legislator from a hard-line opposition party and a retired general who, years before, broke ranks with the government.

The sanctions are coming less than a week after a bipartisan group of U.S. lawmakers called for further measures against Maduro’s government. In a Feb. 8 letter to Trump, 34 members of Congress including Senators Ted Cruz and Robert Menendez cited El Aissami’s appointment and urged the U.S. to “take immediate action to sanction regime officials.”

The measures promise to worsen a relationship long strained by mistrust and Venezuelan accusations that Washington supported a failed attempt to overthrow then-President Hugo Chavez in 2002. In the years following the attempted coup, Chavez aggressively criticized U.S. ties to Latin America, helped lead rallies around South America against “Yankee aggression” and nationalized investments by companies including U.S.-based Exxon Mobil Corp.

Oil Prices

“It is obviously a decision for the government of Venezuela and its constitutional authorities to determine what steps they will take and how they will react to this designation,” Brownfield said.

Even under Obama, who generally avoided engaging publicly with Chavez or Maduro, ties between the two nations remained strained. In March 2015, Obama expanded U.S. sanctions against Venezuelan officials and declared worsening relations with the South American nation to be a national emergency as Maduro attempted to stifle dissent.

With the drop in oil prices that began in 2014, Venezuela’s economy collapsed. A nation that just a few decades ago was the wealthiest in Latin America has become synonymous with dysfunction, with consumers forced to wait in hours-long lines for basic goods, including medicine. An informal inflation index compiled by Bloomberg shows that prices are rising at almost 1,200 percent annually, the fastest rate in the world.

Political Network

It is in this context that El Aissami, nicknamed “the narco of Aragua” by Venezuela’s beleaguered opposition, has thrived. Critics allege he has used his vast political network to help turn the country into an international hub for drugs. The State Department, in its 2015 International Narcotics Control Strategy Report, described the Caribbean nation as a “major cocaine transit country,” citing “endemic corruption throughout commerce and government, including law enforcement.”

The vice president’s ties to the nation’s civil registry services before he became interior minister have also fueled accusations by U.S. investigators that he’s aided Middle Eastern extremists by allowing them to create Venezuelan identities and a web of front companies to move money outside the country’s borders.

El Aissami has previously denied any alleged drug ties, saying they are little more than media slander, and has offered to hand himself over to authorities if anyone could produce proof.

El Aissami has been investigated by the Homeland Security Department and Drug Enforcement Administration since at least 2011 for alleged money laundering to the Middle East, specifically Lebanon, according to two people familiar with the probe.

As the number two official in Venezuela, El Aissami would be in line to replace Maduro should he cede to opposition pressure to step aside because of the country’s economic implosion and social unrest. Maduro has so far quashed the opposition’s attempt to hold a referendum on his removal before his term ends in about two years.

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Hat tip to Infodio for the summary dated 2013.

Hugo Chavez’s soft spot for terrorists wasn’t reserved to Basques only. For there’s extensive documentation (link is external) proving Chavez’s association, and support to Colombia’s narco-terrorists from FARC (link is external). With regards to Middle Eastern terrorists there’s been much in the way of talk but little proof. It has been said that Margarita Island in Venezuela is a Hezbollah hotbed. Others have claimed, without much evidence, that Venezuela has “sent shipments” of Uranium to Iran. However, the U.S. Department of the Treasury announced in June 2012 that it was targetting a money laundering network related to Hezbollah and its operations in Colombia and Venezuela (link is external). And here’s where things get interesting.

Tareck Zaidan El Aissami Maddah (DOB 12 Nov. 1974, ID. 12.354.211) is the current chavista Governor of Aragua state in Venezuela. He is one of five children of Zaidan Amin El Aissami El Musfi and May Maddah de El Aissami, a Muslim couple of Lebanese origin. El Aissami (TEAM) has had a meteoric rise within chavismo, owing to his excellent relations with Adan Chavez, brother and mentor of the late Hugo, whom he met while reading law in Universidad de los Andes. Despite his young age, El Aissami has been appointed to sensitive roles, such as Head of ONIDEX: Venezuela’s equivalent to the Home Office, responsible for identification and immigration.

The most interesting aspect of El Aissami’s operation however, is not money laundering by his proxies, but rather abuse of his station at ONIDEX to give Venezuelan IDs to a number of internationally wanted criminals / terrorists. The news from OFAC linked above reveal that Hezbollah operatives in South America got Venezuelan IDs under El Aissami’s “watch”. While in charge, ONIDEX created new identities for a number of people. Intelligence reports sent to us claim that as many as 173 individuals believed to be collaborating with terrorism, drug trafficking and money laundering were either naturalised, or got Venezuelan visas and IDs using fake names. Abbas Hussein HARB, for instance, identified by OFAC as part of a money laundering network related to Hezbollah and Ayman Saied JOUMAA, has two Venezuelan IDs (21495203 and 26405022). As of this writing both are valid. Kassem Mohamad SALEH, also designated as Hezbollah collaborator, has a valid Venezuelan ID (22075502), as shown in electoral records. Read the full summary here, excellent work.

Operation Blockbuster: Lazarus Group Hacks Again

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Why should you care? There was a long investigation in separate yet concentrated efforts by both government and private/independent cyber corporations as it related to the hack of Sony. Enter the Lazarus Group, an applied name to hackers that have hit industries such as government, military, financial and entertainment. Few countries are really exempt, as their signature malware has also been found in Japan, India and China.

Image result for lazarus group cyber

Lazarus Group has been active since 2009 and to date cannot be attributed to any single actor or country.

For the comprehensive report, go here. Operation Blockbuster: Image result for operation blockbuster cyber

Recent malware attacks on Polish banks tied to wider hacking campaign

Hackers targeted more than 100 organizations in more than 30 countries

ComputerWorld: Malware attacks that recently put the Polish banking sector on alert were part of a larger campaign that targeted financial organizations from more than 30 countries.

Researchers from Symantec and BAE Systems linked the malware used in the recently discovered Polish attack to similar attacks that have taken place since October in other countries. There are also similarities to tools previously used by a group of attackers known in the security industry as Lazarus.

The hackers compromised websites that were of interest to their ultimate targets, a technique known as watering-hole attacks. They then injected code into the websites that redirected visitors to a custom exploit kit.

The exploit kit contained exploits for known vulnerabilities in Silverlight and Flash Player; the exploits only activated for visitors who had Internet Protocol addresses from specific ranges.

“These IP addresses belong to 104 different organizations located in 31 different countries,” researchers from Symantec said in a blog post Sunday. “The vast majority of these organizations are banks, with a small number of telecoms and internet firms also on the list.”

In the case of the targeted Polish banks, it’s suspected that the malicious code was hosted on the website of the Polish Financial Supervision Authority, the government watchdog for the banking sector. The BAE Systems researchers found evidence that similar code pointing to the custom exploit kit was present on the website of the National Banking and Stock Commission of Mexico in November. This is the Mexican equivalent to the Polish Financial Supervision Authority.

The same code was also found on the website of the Banco de la República Oriental del Uruguay, the largest state-owned bank in that South American country, according to BAE Systems.

Included in the list of targeted IP addresses were those of 19 organizations from Poland, 15 from the U.S., nine from Mexico, seven from the U.K., and six from Chile.

The payload of the exploits was a previously unknown malware downloader that Symantec now calls Downloader.Ratankba. Its purpose is to download another malicious program that can gather information from the compromised system. This second tool has code similarities to malware used in the past by the Lazarus group.

Lazarus has been operating since 2009, and has largely focused on targets from the U.S. and South Korea in the past, the Symantec researchers said. The group is also suspected of being involved in the theft of $81 million from the central bank of Bangladesh last year. In that attack, hackers used malware to manipulate the computers used by the bank to operate money transfers over the SWIFT network.

“The technical/forensic evidence to link the Lazarus group actors … to the watering-hole activity is unclear,” the BAE Systems researchers said in a blog post Sunday. “However, the choice of bank supervisor and state-bank websites would be apt, given their previous targeting of central banks for heists — even when it serves little operational benefit for infiltrating the wider banking sector.”

 

Does DHS Secretary Kelly Know RAPS?

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My friend Tom Del Beccaro explains in his summary at Forbes how the Federal government maintains primacy over the states for immigration law and item 8 U.S. Code Section 1182, which the liberal court chose never to previously challenge.

In spite of the 9th Circuit 3 judge panel ruling maintaining the stay on the Trump Executive Order for the travel restraining order, there is much work to do administratively as this continues to be challenged.

The data is private and protected:

Once the information is entered into the system, RAPS generates an appointment notice for the collection of fingerprints used to complete criminal and background checks and to create Employment Authorization Documents (EADs), as appropriate. The applicant will appear at a USCIS service center to provide fingerprints and confirm application information.

RAPS then automatically initiates several background security check processes: Federal Bureau of Investigation (FBI) Name Check, United States Visitor and Immigrant Status Indicator Technology (US-VISIT) and DHS’ Automated Biometric Identification System (IDENT), Customs and Border Protection (CBP) TECS, FBI Fingerprint, and the ENFORCE Alien Removal Module (EARM) (for a full discussion of the background check process, see Section 5.1). RAPS also stores the results of security checks.

Image result for USCIS Asylum Office Image result for USCIS Asylum Office

When a new application is entered into RAPS, it is forwarded to a USCIS Asylum Office for interview and adjudication.  Asylum Offices use RAPS to schedule an asylum interview to evaluate the claim of asylum status and to conduct various aspects of case maintenance such as address changes, updates of information pertaining to dependent claimants, to record preliminary and final decisions, and to generate decision documents. An individual who files for asylum may include in his or her application any spouse or child who is within the United States and appears for the asylum interview. This is because a grant received by the principal asylum applicant is conveyed to the spouse and children included in the family group if the spouse/child is in the U.S. and not otherwise barred from a grant of asylum.

RAPS is a comprehensive case management tool that enables USCIS to handle and process applications for asylum pursuant to Section 208 of the Immigration and Naturalization Act (INA) and applications for suspension of deportation or special rule cancellation of removal pursuant to NACARA § 203. DHS offices worldwide can access RAPS as a resource of current and historic immigration status information on more than one million applicants. DHS officials can use RAPS to verify the status of asylum applicants, asylees, and their dependents to assist with the verification of an individual’s immigration history in the course of a review of visa petitions and other benefit applications as well.

RAPS Typical Transaction

A typical transaction begins when an individual initiates the process to apply for asylum by completing and filing Form I-589, Application for Asylum and for Withholding of Removal, with a USCIS Service Center, or in certain circumstances directly with an asylum office. Service Center personnel receive the application in person or via mail and manually enter, most, but not all, of the information from a new application into RAPS.

As set forth in Section 451(b) of the Homeland Security Act of 2002, Public Law 107-296, Congress charged USCIS with the administration of the asylum program, which provides protection to qualified individuals in the United States who have suffered past persecution or have a well-founded fear of future persecution in their country of origin as outlined under INA § 208 and 8 CFR § 208. USCIS is also responsible for the adjudication of the benefit program established by Section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA § 203) (discussed in more detail in Section B below), in accordance with 8 CFR § 240.60 and the maintenance and administration of the credible fear and reasonable fear screening processes, in accordance with 8 CFR §§ 208.30 and 208.31. USCIS developed RAPS and APSS in order to carry out its obligations in administering these benefit programs.

Functions

RAPS and APSS track case status and facilitate the scheduling of appointments and interviews and the issuance of notices (including receipt notices, appointment notices, and decision letters) at several stages of the adjudication process. USCIS Asylum Offices use RAPS and APSS to:

  • record decisions and to generate decision documents such as approval, dismissal, or rescission of an asylum or NACARA § 203 application,
  • denial of an asylum application,
  • administrative closure of an asylum application, or
  • referral of an asylum or NACARA § 203 application to Executive Office of Immigration Review (EOIR).

The systems also initiate, receive, and record responses for national security and background check screening and prevent the approval of any benefit prior to the review and completion of all security checks. Finally, the systems provide fully developed and flexible means for analyzing and managing program workflows and provide the Asylum Program with statistical reports to assist with oversight of production and processing goals.

Read more from the two DHS documents here and here.

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GAO Raps DHS for Failure to Get Security Data from Visa Waiver Countries

One of the requirements for allowing visa-free entry of tourists from countries in the Visa Waiver Program (VWP) is that those governments share with us information on nationals with terrorism links and/or criminal histories. According to a report of the Government Accountability Office (GAO) issued in May 2016, the Department of Homeland Security (DHS) has obtained those agreements with most of the countries, but more than a third of  the agreements have not been implemented, and no data have been received from them.

In addition, Congress has required reports from DHS on implementation of the VWP with each of the participating countries, but GAO found that DHS has failed to provide many of those reports when due.

The recommendation of agency (GAO-16-498) is that, “DHS should (1) specify time frames for working with VWP countries on the requirement to implement information-sharing agreements and (2) take steps to improve its timeliness in reporting to Congress on whether VWP countries should continue in the program.”

FAIR has consistently pointed to the VWP as a national security threat and called for its termination. This GAO report underscores the security flaw and finds that it is exacerbated by cavalier implementation by DHS

 

Trump’s Guantanamo Detention Center Executive Order

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Image result for fleury merogis prison Image result for fleury merogis prison

Fleury-Merogis located in France is the largest prison in Europe. While French leadership say they don’t want a newer version of Guantanamo, perhaps they should just visit the facility in Cuba. This article regarding common criminals in France housed with terrorists is a summary with 2 opposing views given how the inmates there are managed. What is really at issue for sentencing of terrorists in Europe is the how short the time really is for those involved in terror and militant actions.

In the United States, we are soon to be facing another scary condition, the release of terrorists after serving their full sentence. Now what? Well, I had the pleasure of interview Patrick Dunleavey on this very topic. (Segment 3 and 4)

The draft executive order for Guantanamo is found here. It is not in final form, nor has it been signed.

NYT/WASHINGTON — The Trump White House is nearing completion of an order that would direct the Pentagon to bring future Islamic State detainees to the Guantánamo Bay prison, despite warnings from national security officials and legal scholars that doing so risks undermining the effort to combat the group, according to administration officials and a draft executive order obtained by The New York Times.

White House officials have detailed their thinking about a new detainee policy in an evolving series of drafts of an executive order being circulated among national security officials for comment. While previous versions have shown that the draft has undergone many changes — including dropping language about reviving C.I.A. prisons — the plan to add Islamic State detainees to the Guantánamo population has remained constant.

The latest version of the draft, which circulated this week, would direct Defense Secretary Jim Mattis to use Guantánamo to detain suspected members of “Al Qaeda, the Taliban, and associated forces, including individuals and networks associated with the Islamic State.”

The White House has kept similar language in the draft order despite warnings from career government national security officials that carrying out its plan would give federal judges an opportunity to reject the executive branch’s theory that the war against the Islamic State is legal, even though Congress never explicitly authorized it. The issue could arise when reviewing an inevitable habeas corpus lawsuit filed by an ISIS detainee.

The Obama administration first argued in late summer 2014 that the Islamic State was part of the existing armed conflict that Congress authorized in 2001 against Al Qaeda and the Taliban. But while the Islamic State got its start as Al Qaeda’s affiliate in Iraq more than a decade ago, that theory is disputed because the two groups later split and went to war with each other.

“It raises huge legal risks,” said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department official in the Bush administration. “If a judge says the Sept. 11 authorization does not cover such a detention, it would not only make that detention unlawful, it would weaken the legal basis for the entire war against the Islamic State.”

Sean Spicer, the White House press secretary, did not respond to an email seeking comment on the issue.

The Times reported on Feb. 4 that the White House had limited the draft order so that it focused on carrying out President Trump’s vow to keep the Guantánamo prison open and use it for newly captured detainees. That draft of the order dropped the ideas of reopening C.I.A. prisons and permitting interrogators to use harsher techniques than those now allowed in the Army Field Manual.

That report was based on accounts by people familiar with a version that circulated last week. But a new draft order circulated this week, titled “Protecting America Through Lawful Detention of Terrorist and Other Designated Enemy Elements,” includes some revisions. The latest version, unlike the previous one, explicitly revokes President Barack Obama’s January 2009 executive order directing the government to close the prison by January 2010, a deadline it failed to meet.

The revised text also dropped references to revitalizing the use of the military commissions system at Guantánamo for prosecuting terrorism suspects, and instead focused exclusively on detention policy — like its directive to use the prison to detain captured Islamic State suspects without trial.

In the 2012 version of the annual National Defense Authorization Act, Congress bolstered the government’s power to imprison suspected members of Al Qaeda, the Taliban and associated forces by authorizing such detentions without reference to the Sept. 11 attacks. But while it has provided funds for military operations against the Islamic State, it has never explicitly authorized combat or detention operations against it.

In summer 2014, when the group swept out of Syria and began rapidly conquering swaths of Iraq, Mr. Obama launched a bombing campaign to curtail its advances. At the time, he put forth the theory that the group’s early ties to Al Qaeda were sufficient to bring it under the Sept. 11 war authorization without new action from Congress.

Nevertheless, in 2015, the Obama administration asked Congress to enact an authorization for use of military force against the Islamic State. Lawmakers disagreed about whether it should place limits on the use of ground forces or impose an expiration date, and Congress never acted on the proposal. Congress has continued to give no sign that it has the will or the consensus to explicitly authorize war on the Islamic State.

Last year, an army captain sued Mr. Obama, arguing that the war was illegal because Congress had not authorized it. A Federal District Court judge dismissed the lawsuit without ruling on the legal merits, saying the plaintiff lacked standing to bring the case.

But any Islamic State detainee at Guantánamo would have legal standing to get a court to rule on the question of whether the group is legitimately part of the war against Al Qaeda.

Ryan Goodman, a New York University law professor who worked at the Pentagon during the Obama administration, said there were other reasons bringing an Islamic State detainee to Guantánamo for indefinite detention, as opposed to prosecuting him in civilian court, might raise problems: Foreign allies, he said, might refuse to turn over prisoners or assist in detention operations if that was the administration’s goal.

But even if that turns out not to be the case, he said, the legal risks of bringing a suspected member of the Islamic State, sometimes referred to as ISIL, are “very serious.”