Sanctuary Cities Don’t Comply Face Loss of Federal Dollars/Clawback

AG: Sanctuary Cities Face Ineligibility for Future Federal Funds, ‘Clawback’ of Funds Already Awarded

(CNSNews.com) – Attorney General Jeff Sessions said Monday that states and localities that refuse to comply with federal immigration laws will be deemed ineligible for federal grants.

“Today, I’m urging  states and local jurisdictions to comply with these federal laws, including 8 U.S.C. Section 1373. Moreover, the Department of Justice will require that jurisdictions seeking or applying for Department of Justice grants to certify compliance with 1373 as a condition of receiving those awards,” he said, adding that the policy “is entirely consistent with the Department of Justice’s Office of Justice Program’s guidance that was issued just last summer under the previous administration.

“This guidance requires state and local jurisdictions to comply and certify compliance with Section 1373 in order to be eligible for OJP grants. It also made clear that failure to remedy violations could result in withholding grants, termination of grants, and disbarment or ineligibility for future grants,” Sessions added.

“The Department of Justice will also take all lawful steps to clawback any funds awarded to a jurisdiction that willfully violates 1373. In the current fiscal year, the Department of Justice’s Office of Justice Program and Community Oriented Policing services anticipates awarding more than $4.1 billion in grants,” he said.

The attorney general said that in one week alone, “there were more than 200 instances of jurisdictions refusing to honor ICE detainer requests with respect to individuals charged or convicted of a serious crime,” according to a report released recently by the Department of Homeland Security.

“The charges and convictions against these aliens included drug-trafficking, hit-and-run, rape, sex offenses against a child, and even murder. Such policies cannot continue. They make our nation less safe by putting dangerous criminals back on the streets,” Sessions said.

He pointed to the murder of 32-year-old Kate Steinle who was killed two years ago in San Francisco as an example.

“The shooter, Francisco Sanchez, was an illegal immigrant who had already been deported five times and had seven felony convictions,” Sessions pointed out.

“Just 11 weeks before the shooting, San Francisco had released Sanchez from its custody, even though Immigration and Customs Enforcement officers had filed a detainer requesting that he be held in custody until immigration authorities could pick him up for removal. Even worse, Sanchez admitted the only reason he came to San Francisco was because it was a sanctuary city,” the attorney general said.

“A similar story unfolded just last week, when Ever Valles, an illegal immigrant and a Mexican national was charged with murder and robbery of a man at a light rail station. Valles was released from a Denver jail in late December, despite the fact that ICE has lodged a detainer for his removal,” he said.

“The American people are not happy with these results. They know that when cities and states refuse to help enforce immigration laws, our nation is less safe. Failure to deport aliens who are convicted of criminal offenses puts whole communities at risk, especially immigrant communities in the very sanctuary jurisdictions that seek to protect the perpetrators,” Sessions said.

Sessions said recent polling shows that 80 percent of Americans “believe that cities that arrest illegal immigrants for crime should be required to turn them over to immigration authorities.”

“DUIs, assaults, burglaries, drug crimes, gang rapes, crimes against children, and murderers — countless Americans would be alive today and countless loved ones would not be grieving today if these policies of sanctuary cities were ended. Not only do these policies endanger lives of every American — just last May, the Department of Justice inspector general found that these policies also violate federal law,” he said.

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Nine Bipartisan Homeland Security-Related Bills Passed by House

What the House Committee on Homeland security described as an “unprecedented number of bipartisan [bills] aimed at keeping Americans safe,” were passed this last week by the House which deal with a variety of aspects of homeland Security.

The nine pieces of legislation, the committee said, are designed “to … also save taxpayer dollars by improving the acquisition process at the Department of Homeland Security [DHS] and make important reforms to the operations of the Transportation Security Administration [TSA].”

“It is critical that we continue to re-examine our strategy, technology and the infrastructure we currently have in place to strengthen the Department of Homeland Security and stop terrorists from reaching our shores,” said committee chairman Michael McCaul (R-TX). “The evolving threats we face demand action to address vulnerabilities in our defenses. I commend the work of my Committee—particularly the bipartisan nature in which these bills were advanced—to make our country safer.”

The nine bills out the Homeland Security Committee passed by the House included a key counterterrorism bill, the Terrorist and Foreign Fighter Travel Exercise Act of 2017 (HR 1302), which expands on the work of last Congress.

The other key pieces of legislation passed this past week include the:

DHS Multiyear Acquisition Strategy Act of 2017 (HR 1249), introduced by Rep. Brian Fitzpatrick (R-PA), and amends the Homeland Security Act of 2002 to require a multiyear acquisition strategy of DHS.

DHS Acquisition Authorities Act of 2017 (HR 1252), introduced by Rep. Clay Higgins (R-LA), amends the Homeland Security Act of 2002 to provide for certain acquisition authorities for the Under Secretary of Management of DHS.

Reducing DHS Acquisition Cost Growth Act (HR 1294), introduced by Rep. John Rutherford (R-FL), amends the Homeland Security Act of 2002 to provide for congressional notification regarding major acquisition program breaches.

TSA Administrator Modernization Act of 2017 (HR 1309), introduced by Rep. John Katko (R-NY), streamlines the office and term of the administrator of TSA.

Quadrennial Homeland Security Review Technical Corrections Act of 2017 (HR 1297), introduced by Rep. Bonnie Watson Coleman (D-NJ), amends the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews.

Transparency in Technological Acquisitions Act of 2017 (HR 1353), introduced by Rep. Kathleen Rice (D-NY), amends the Homeland Security Act of 2002 to require certain additional information to be submitted to Congress regarding the strategic 5-year technology investment plan of the TSA.

Read Homeland Security Today’s report on the bill here.

Securing our Agriculture and Food Act (HR 1238), introduced by Rep. David Young (R-IA), amends the Homeland Security Act of 2002 to make the Assistant Secretary of Homeland Security for Health Affairs responsible for coordinating the efforts of DHS related to food, agriculture and veterinary defense against terrorism.

Read Homeland Security Today’s report on the legislation here.

Terrorist and Foreign Fighter Travel Exercise Act of 2017 (HR 1302), introduced by Rep. Martha McSally (R-AZ), requires an exercise related to terrorist and foreign fighter travel, and for other purposes.

Department of Homeland Security Acquisition Innovation Act (HR 1365), introduced by Rep. Lou Correa (D-CA), amends the Homeland Security Act of 2002 to require certain acquisition innovation.

Dark $$ Behind ‘NO’ on Gorsuch, Liz Warren’s Daughter too

Van Jones,  President and Co-Founder of  Rebuild the Dream is on the Board of Trustees.

Anti-Gorsuch Activist’s ‘Dark Money’ Hypocrisy

Demos does not disclose its donors

McMorris/FB: The head of a liberal dark money group criticized Supreme Court nominee Judge Neil Gorsuch because of his stance on political disclosures and Citizens United.

Heather McGhee, the president of Demos, told members of the Senate Judiciary Committee that confirming Judge Gorsuch would lead to “big money corrupting our politics completely.”

“The Supreme Court’s activism in striking down safeguards is what has brought us to this perilous place in our history,” she said. “It’s hard to imagine things getting worse and yet the prospect of a lifetime seat for Judge Gorsuch has given us a glimpse.”

McGhee condemned the outsized influence wealthy donors play in the political process and criticized the idea that forcing organizations to disclose their donors could lead to political intimidation from activists.

“[Gorsuch] was quite evasive—in fact, to my dismay [he] raised the idea that disclosure chills speech,” McGhee said. “Requiring people to stand up in public for their political acts fosters civic courage without which democracy is doomed.”

Image result for neil gorsuch National Law Journal

Demos does not disclose its donors and was cited by the Center for Public Integrity as a dark money group in January. A review of the 501(c)3 non-profit group’s most recent tax forms shows that Demos garnered more than $7 million in contributions in 2014. Seven individuals accounted for more than half of those donations. The group highlighted those seven donations—ranging from $250,000 to $1.425 million—in its documents, but left the identities of those donors blank. The group paid more than $3 million in salaries and wages in 2014, including McGhee’s $240,000 compensation.

Demos did not respond to multiple requests for comment about whether it planned on adopting disclosure policies in line with the ideology it was promoting. Citizen Audit, a group that tracks non-profit disclosures by examining group expenditures, has identified 13 groups that have contributed to Demos in the past. The group has benefitted from the largesse of major liberal donors, including the Rockefeller and Tides foundation, as well as organized labor groups, including the American Federation of State, County, & Municipal Workers and United Food and Commercial Workers.

Gorsuch clashed with Sen. Sheldon Whitehouse (D., R.I.) over the donation disclosures at Tuesday’s confirmation hearing. When Whitehouse asked him about whether he favored enhanced disclosure, Gorsuch said the legislature should address disclosure requirements, adding, “Senator, with all due respect, the ball’s in your court.” Whitehouse introduced McGhee to the committee on Thursday by condemning the “dark money” campaign that conservative activists have used to back the nomination.

“We have seen reports of a $10 million political campaign to try to influence the Senate in Judge Gorsuch’s favor through a front group,” Whitehouse said in his introduction of McGhee. “We don’t know who the real donors are. It’s dark money that is behind that entire operation.”

Whitehouse was referring to the $10 million campaign led by the Judicial Crisis Network, a conservative judicial watchdog that has spent millions on ads urging Democratic senators up for re-election in states that Trump won to support Gorsuch. Carrie Severino, the group’s leader, said the group follows the federal government’s disclosure requirements and does not disclose its donors to protect their privacy.

“We fully comply with all disclosure requirements. We are also ethically bound to protect the privacy rights of our supporters, and will continue to do so,” she said in a statement.

Demos is not the first group to accuse Gorsuch of siding with political mega-donors at the expense of the rest of the country. In February, Sen. Elizabeth Warren announced she would oppose Gorsuch’s nomination because of his record on campaign finance and religious liberty issues.

“For years, powerful interests have executed a full-scale assault on the integrity of our federal judiciary, trying to turn the Supreme Court into one more rigged game that works only for the rich and the powerful,” she said in a statement. “We don’t need another justice who spends his time looking out for those with money and influence. Based on the long and well-established record of Judge Gorsuch, I will oppose his nomination.”

Sen. Warren’s daughter, Amelia Warren Tyagi, serves as the chairman of Demos’ board of trustees.

After a visit to their website, they don’t have any use for ‘whiteness’ either.

Visa Overstays are a Bigger Issue then the Border Wall

Primer: If you overstay your visa for 180 days or more (but less than one year), when you depart the U.S. you will be barred from reentering the U.S. for three years. If you overstay your visa for one year or more, when you depart the U.S. you will be barred from reentering the U.S. for ten years.

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Related reading: Rep. Henry Cuellar (D-TX), reports on 30 countries that refuse to take back their criminals. He appeared on CSpan and Full Measure explaining the issue. The Washington Times reports under federal law, the U.S. government can refuse to issue visas to nationals of countries that refuse to take back their citizens who have been ordered deported from the United States. But according to Cuellar, the government is not enforcing the law.
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TruthRevolt reports in part: The Center for Migration Studies reports that “two-thirds of those who arrived in 2014 did not illegally cross a border, but were admitted (after screening) on non-immigrant (temporary) visas, and then overstayed their period of admission or otherwise violated the terms of their visas.” This is a trend, far above illegal crossings, which is anticipated to continue climbing from now on.

“That’s because, incredibly, the U.S. doesn’t have an adequate system to assure the foreigners leave when they’re supposed to,” Judical Watch reports. “This has been a serious problem for years and in fact some of the 9/11 hijackers overstayed their visa to plan the worst terrorist attack on U.S. soil. More than a decade and a half later little has changed. Securing the famously porous southern border is essential to national security but so is a reliable system that cracks down on visa overstays.”

According to the CMS study, there have been 600,000 more overstays than illegal border crossings since 2007. Mexico leads in both overstays and EWIs, or entries without inspection. Here are the breakdowns:

  • California has the largest number of overstays (890,000), followed by New York (520,000), Texas (475,000), and Florida (435,000).
  • Two states had 47 percent of the 6.4 million EWIs in 2014: California (1.7 million) and Texas (1.3 million).
  • The percentage of overstays varies widely by state: more than two-thirds of the undocumented who live in Hawaii, Massachusetts, Connecticut, and Pennsylvania are overstays. By contrast, the undocumented population in Kansas, Arkansas, and New Mexico consists of fewer than 25 percent overstays. More here.

*** So who is responsible for control of this? ICE holds all accountability, which reports to the Department of Homeland Security. What about Congress you ask?

Check this out…

Well, there was a bill introduced in 2013, 2015 and again in January of 2017. Yup. The current bill was only introduced and has a 1% chance of passing. It is only a 2 page bill to amend current law noted as H.R. 643. This bill would make it a crime for visa overstays with defined penalties. It is the U.S. State Department, Bureau of Consular Affairs that is responsible for issuing visas and waivers in the case of denials. If you can stand reading the steps and caveats to this process, go here.

Related reading: DHS Releases Entry/Exit Overstay Report For Fiscal Year 2015

For context on how DHS under Secretary Jeh Johnson at the time packaged the report, here is a sample:

DHS conducts the overstay identification process by examining arrival, departure and immigration status information, which is consolidated to generate a complete picture of an individual’s travel to the United States.  The Department identifies two types of overstays – those individuals for whom no departure has been recorded (Suspected In-Country Overstay) and those individuals whose departure was recorded after their lawful admission period expired (Out-of-Country Overstay).

This report focuses on foreign nationals who entered the United States as nonimmigrant visitors for business (i.e., B1 and WB visas) or pleasure (i.e., B2 and WT visas) through an air or sea port of entry, which represents the vast majority of annual nonimmigrant admissions.  In FY 2015, of the nearly 45 million nonimmigrant visitor admissions through air or sea ports of entry that were expected to depart in FY 2015, DHS determined that 527,127 individuals overstayed their admission, for a total overstay rate of 1.17 percent.  In other words, 98.83 percent had left the United States on time and abided by the terms of their admission.

The report breaks the overstay rates down further to provide a better picture of those overstays that remain in the United States beyond their period of admission and for whom CBP has no evidence of a departure or transition to another  immigration status. At the end of FY 2015, the overall Suspected In-Country Overstay number was 482,781 individuals, or 1.07 percent.

Due to further continuing departures by individuals in this population, by January 4, 2016, the number of Suspected In-Country overstays for FY 2015 had dropped to 416,500, rendering the Suspected In-Country Overstay rate as 0.9 percent.  In other words, as of January 4, DHS was able to confirm the departures of over 99 percent of nonimmigrant visitors scheduled to depart in FY 2015 via air and sea POEs, and that number continues to grow.

This report separates Visa Waiver Program (VWP) country overstay numbers from non-VWP country numbers.  For VWP countries, the FY 2015 Suspected In-Country overstay rate is 0.65 percent of the 20,974,390 expected departures. For non-VWP countries, the FY 2015 Suspected In-Country Overstay rate is 1.60 percent of the 13,182,807 expected departures. DHS is in the process of evaluating whether and to what extent the data presented in this report will be used to make decisions on the VWP country designations.

Overall, CBP has improved the collection of data on all admissions to the United States by foreign nationals, biometric data on most foreign travelers to the United States, and processes to check data against criminal and terrorist watchlists.  CBP has also made tremendous progress in accurately reporting data on overstays to better centralize the overall mission in identifying overstays.  CBP will continue to roll out additional pilot programs during FY 2016 that will further improve the ability of CBP to accurately report this data.

U.S. Immigration and Customs Enforcement’s (ICE) Counterterrorism and Criminal Exploitation Unit (CTCEU) is the program dedicated to the enforcement of nonimmigrant visa violations.  Each year, ICE analyzes records of hundreds of thousands of potential status violators from various investigative databases and DHS entry/exit registration systems. The goal is to identify, locate, prosecute when appropriate, and remove overstays consistent with DHS’s immigration enforcement priorities, which prioritize those who pose a risk to national security or public safety.

Read more here.

The Counterterrorism and Criminal Exploitation Unit prevents terrorists and other criminals from exploiting the nation’s immigration system. Really? Yup, that is what the website reads. In a hearing from 2012, you may be interested in reading the testimony on the matter of visa overstays delivered by DHS Deputy Counterterrorism Coordinator John Cohen and ICE Homeland Security Investigations Deputy Executive Associate Director Peter Edge.

510,000 calls, 25% Go to Untrained Backups, VA

On November 28, 2016, President Obama signed into law the No Veterans Crisis Line Should Go Unanswered Act. This law requires VA to develop a quality assurance document to improve VCL functions. The document will outline clearly defined and measurable performance indicators and quantifiable timeframes. It is to be submitted to the Committees on Veterans’ Affairs of the House of Representatives and the Senate no later than 180 days after the date of enactment of the Act. The Act is also intended to ensure that all incoming communications received by the VCL and backup centers be answered in a timely manner by a person.

Image result for Veterans Crisis Line

For the full Inspector General report on issues, context and solutions, go here.

Image result for Veterans Crisis Line CNN

Report: More than one-fourth of veterans’ suicide hotline calls to go to backup lines

WASHINGTON — More than one-fourth of calls to the Veterans Crisis Line end up being redirected to other emergency response services because of ongoing problems with the services’ operations, according to a new report released Monday.
Those problems persist despite leadership changes and promised reforms at the crisis hotline in the last year, and a years-long emphasis on suicide prevention efforts from Department of Veterans Affairs officials.
“Staff did not respond adequately to a veteran’s urgent needs during multiple calls to the (crisis line) and its backup call centers,” officials from the VA Inspector General’s office said in the report. “Supervisory staff did not identify the deficiencies in their internal review of the matter.”
Last spring, a similar report by the office found at least 23 callers to the crisis line were transferred to voicemail systems instead of reaching emergency help. That revelation prompted harsh criticism from lawmakers, who said the mistakes literally could kill unstable veterans trying to get help.
The new analysis of crisis line operations for the last six months of 2016 found that more than 28 percent of calls to the hotline were redirected to backup centers that might not have the same training and resources to help veterans in crisis.
VA has set a goal of no more than 10 percent for “rollover” calls to the crisis line.

The report also found “deficiencies in governance and oversight” of the program’s operations, including poor record keeping to detect and correct problems with missed calls.

In a statement, VA’s acting Under Secretary for Health Poonam Alaigh said the crisis line “is the strongest it’s ever been since its inception in 2007” but acknowledged that further improvements are needed in the system.

The department opened a new Atlanta satellite office for the New York-based crisis line in October — midway through the inspector general’s review — and “has implemented a comprehensive workforce management system and optimized staffing patterns” to “provide callers with immediate service” in the future.
But officials critiquing the system say that’s not enough. The Inspector General’s office has recommended better staff education, technology support, performance reviews and call monitoring to better the system.
Calls which go unanswered by the line are mandated to be directed to backup crisis centers, so veterans seeking help aren’t left without help. But the inspector general notes that those backups may not have the same training in military-specific issues and services, limiting some of the assistance they can provide.
In a statement, House Veterans’ Affairs Committee Chairman Phil Roe, R-Tenn., called the ongoing problems “unacceptable” and asked for immediate fixes.
“The Veterans Crisis Line is intended to be the first line of defense against veteran suicide, and we must ensure calls are being answered by a trained professional in a timely manner,” he said. “I am extremely frustrated by the findings and will continue to conduct oversight so the men and women who answered the call to serve have their calls answered when they need help the most.”

The Veterans Crisis Line, launched in 2007, has fielded 2.5 million calls in the last decade and dispatched emergency services more than 66,000 times to callers in need of emergency help.

In fiscal 2016 alone, staffers answered more than 510,000 calls, 53,000 chat requests and 15,000 texts.

VA statistics show roughly 20 veterans a day nationwide commit suicide. Of those, only six are active users of VA services.

To contact the Veteran Crisis Line, callers can dial 1-800-273-8255 and select option 1 for a VA staffer. Veterans, troops or their families members can also text 838255 or visit VeteransCrisisLine.net for assistance.

Government ‘Dark’ Regulations Mapped Out

Read the report in .pdf form here.

One of the first Executive Orders signed by President Trump was on Regulations. Read that text here from the White House.

Image result for government regulations 2015

Mapping Washington’s Lawlessness: CEI Releases Updated Inventory of “Regulatory Dark Matter”

The Competitive Enterprise (CEI) released the 2017 update to its comprehensive report Mapping Washington’s Lawlessness: An Inventory of “Regulatory Dark Matter.” This analysis covers how, in addition to Congress’s own laws and the many thousands of rules issued by unelected regulators, regulatory dark matter exists in the form of thousands of additional issuances from executive and independent agencies. This dark matter goes around Congress, the Administrative Procedure Act’s (APA) public notice and comment requirements, and the American people themselves.

Examples include presidential and agency memoranda, guidance documents, bulletins, and public notices. These directives interject the federal government into our businesses, our communities, and our personal lives on matters such as healthcare, retirement, labor policy, education policy, and more.

President Trump is already taking certain steps to “deconstruct” the administrative state’s excesses, starting with a temporary regulatory freeze that includes agency guidance documents and rules. His executive orders concerning deregulation are helping, but a regulatory hangover from the Obama administration still lingers.

CEI’s Vice President for Policy Clyde Wayne Crews, Jr., the author of the report, calls on Congress to remedy the problem:

“Congress needs to take back its authority over federal agencies. The problem with regulatory dark matter is that it allows the executive branch of our government to rule sectors of our economy through mere announcements, rather than actual lawmaking or even proper rulemaking. This allows the government to interfere in many aspects of Americans’ lives without our input or that of Congress.

“We’ve been pleased to see the president’s aggressive out-of-the-gate actions to free up the economy, but agencies under President Trump could still create new dark matter behind the scenes. That is why Congress must tackle regulatory reform legislation to ensure an end to this problem.”

Some quick takeaways on regulatory dark matter:

  • Regulatory dark matter has accompanied the rollout of programs ranging from Obamacare to Dodd Frank to drone regulations from the Federal Aviation Administration.
  • Recent major Labor Department mandates like the franchising and independent contracting rules were dark matter, not formal regulations as they should have been.
  • No one really knows for certain how many federal regulatory agencies there are:
    • The Unified Agenda lists 61 agencies
    • The Administrative Conference of the United States lists 115
    • The Federal Register office 440 agencies
  • The Obama administration issued 3853 rules in 2016, while Congress passed and the president signed 214 bills into law – a ratio of 18 rules for every enacted law.
  • The report’s conclusion lists specific ways the Trump administration, either alone or with Congress, can tackle regulatory dark matter so that agencies are not incentivized to use it.
    • APA “notice and comment” provisions should apply to any proposed rule
    • Each piece of regulatory reform legislation passed in the 115th Congress and beyond needs to incorporate language to address dark matter, not just rules

*** A weekday never passes without new regulations being issued or proposed. Yet beyond those rules, Congress lacks a clear grasp of the amount and cost of the thousands of executive branch and federal agency proclamations and issuances, including guidance documents, memoranda, bulletins, circulars, and letters that carry practical (if not always technically legally) binding regulatory effect. There are hundreds of “significant” agency guidance documents now in effect, plus many thousands of other such documents that are subject to little scrutiny or democratic accountability.

It has long been the case that there are far more regulations than laws. That is troublesome enough. But with tens of thousands of agency proclamations annually, agencies may articulate interpretations and pressure regulated parties to comply without an  actual formal regulation or understanding of costs, generally with judicial deference to what agencies contend, an issue of increasing concern to Congress. The result is that no one knows how much the regulatory state “weighs,” or even the number of agencies. The Administrative Procedure Act (APA) of 1946 established the process of public notice for proposed rulemakings, providing the opportunity for public input and comment before a final rule is published in the Federal Register, and a 30-day period before the rule becomes effective. But the APA’s requirement of publishing a notice of proposed rulemaking and allowing public comment does not apply to “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.”