IRS: Tracking Cell Phones, Billions in Fraud Refunds

IRS Can Track Your Cell Phone, but Leaves Billions in Taxes Uncollected

DailySignal: While the Internal Revenue Service continues to leave uncollected tax money on the table, the agency beefed up its surveillance capabilities in a move that alarms both conservative and liberal privacy advocates.

Now some complain the IRS is acting too much like Big Brother and not enough like a traditional taxman.

Since 2006, the IRS has overseen an annual tax gap—the shortfall between taxes owed and collected—of about $385 billion, government analysts say. And according to an April report, the agency has not implemented 70 of 112 actions identified by the Government Accountability Office to close that loop.

In 2009, though, the IRS purchased a “cell-site simulator,” more commonly known as Stingray technology. And since November, the agency has been trying to buy another of the devices.

Like something from a spy movie, a Stingray device mimics a cellphone tower, tricking all mobile phones in an area into revealing their location and numbers. Authorities can deploy the powerful technology to tag and track an individual’s location in real time.

More advanced versions of the devices can be used to copy information stored on a cellphone and to download malware remotely.

The devices are as controversial as they are prevalent. According to the American Civil Liberties Union, 61 agencies in 23 states and the District of Columbia own the devices.

IRS Commissioner John Koskinen says the IRS uses its Stingray to hunt down fraudsters and stop money laundering. The agency’s use of the devices remained a secret until an October report in the Guardian.

In a November letter to House Oversight Chairman Jason Chaffetz, R-Utah, Koskinen wrote that the agency’s technology “cannot be used to intercept the content of real-time communications” such as voicemails, text messages, and emails. Instead, the IRS chief said, the device has been used “to track 37 phone numbers.”

And the IRS commissioner insists his agency deploys the tech only in accordance with state and federal laws.

But during an April 13 hearing of the Oversight and Government Reform Committee, the deputy IRS commissioner for service and enforcement, John Dalrymple, couldn’t say whether the IRS obtained a warrant before activating the device.

Rep. Jim Jordan, R-Ohio, says he finds that concerning.

With a federal budget deficit projected at $544 billion in 2016, Jordan told The Daily Signal he’d rather have the IRS focus on “their fundamental job, which is to collect revenue due to the federal Treasury.” He added:

The GAO has 112 things they suggest, recommendations for the IRS to actually deal with the $385 billion dollar tax gap. Not one of those recommendations was to purchase a second Stingray unit.

More than a misappropriation of resources, the chairman of the House Freedom Caucus said, he fears the IRS could abuse the technology to monitor political groups like it did in 2013, when the agency began targeting conservative nonprofits.

“Now you have this same agency, who again for a long period of time went after people for exercising their First Amendment free speech rights, are using this technology and without a Fourth Amendment probable cause warrant,” Jordan said.

Nathan Wessler, an attorney with the American Civil Liberties Union, said the technology poses a significant threat even when gathering basic information like names and numbers. In an interview with The Daily Signal, Wessler said Stingray devices could be “quite chilling on people’s right to protest.”

And there’s already a precedent for misconduct, albeit at a more local level.

Wessler points to a 2003 incident when the Miami-Dade Police Department purchased a Stingray device to monitor a protest of a conference on the Free Trade Area of the Americas. According to an expense report obtained by the ACLU, police wanted the device because they “anticipated criminal activities.”

“It’s a pretty short step from those words to being concerned about the police intentionally downloading a list of every protester who shows up at some demonstration,” Wessler said. “It’s a powerful way to know who’s there.”

The IRS Criminal Investigations Division is already one of the more elite investigative agencies. Koskinen boasts that in 2015 the division achieved a 93.2 percent conviction rate, “the highest in all of federal law enforcement.”

It’s an open question whether the agency needs Stingray technology to complete its mission.

The IRS did not respond to The Daily Signal’s requests for comment made by emails and phone calls.

Paul Larkin argues that the nature of IRS investigations makes real-time intelligence irrelevant. Larkin, senior legal research fellow at The Heritage Foundation, told The Daily Signal that IRS agents are following a paper trail to investigate previous crimes:

There is no good reason the IRS would ever need real-time data information. The crimes that the IRS investigates all occurred in the past. They’re investigating fraud against the government that’s already happened. They don’t have crimes in progress like a burglary.

But if the IRS ever needed to track a suspect in the moment, Larkin said, there’s a practical solution—teamwork. He explains that there’s “no legal hurdle” that prohibits the IRS from teaming up, for instance, with the Department of Justice and borrowing its Stingray technology.

Jordan says he isn’t ready to accept that the IRS ever needs access to the device.

“Really, should the IRS have this and be using this at all?” the Ohio Republican said. “I tend to think you’d be better off with this technology not being in their hands.”

******

The 23-page report is actually quite readable, and worth looking at if you’ve been a victim of identity theft or refund fraud, you’re a tax preparer, or you’re interested in the future of how Americans file our taxes.

  1. The IRS paid out $3.1 billion in refunds to scammers last year. We’ve discussed in the past how this scam works: someone with basic information about a U.S. taxpayer files a return with fake information, depositing their refund in the scammer’s own account. It’s a sophisticated operation and very lucrative. Additional 5 items are here, a must read from the Consumerist.

What About Those Firms Hosting Hillary Speeches

  

Firms that paid for Clinton speeches have US gov’t interests

MSN/AP: WASHINGTON — It’s not just Wall Street banks. Most companies and groups that paid Democratic presidential candidate Hillary Clinton to speak between 2013 and 2015 have lobbied federal agencies in recent years, and more than one-third are government contractors, an Associated Press review has found. Their interests are sprawling and would follow Clinton to the White House should she win election this fall.

The AP’s review of federal records, regulatory filings and correspondence showed that almost all the 82 corporations, trade associations and other groups that paid for or sponsored Clinton’s speeches have actively sought to sway the government — lobbying, bidding for contracts, commenting on federal policy and in some cases contacting State Department officials or Clinton herself during her tenure as secretary of state.

CLINTON SPEAKING FEES: 3 mm x 76 mm;

Presidents are not generally bound by many of the ethics and conflict-of-interest regulations that apply to non-elected executive branch officials, although they are subject to laws covering related conduct, such as bribery and illegal gratuities. Clinton’s 94 paid appearances over two years on the speech circuit leave her open to scrutiny over decisions she would make in the White House or influence that may affect the interests of her speech sponsors.

Rival presidential candidate Sen. Bernie Sanders and Republican critics have mocked Clinton over her closed-door talks to banks and investment firms, saying she is too closely aligned to Wall Street to curb its abuses. Sanders said in a speech in New York that Clinton earned an average of about $225,000 for each speech and goaded her for declining to release transcripts.

“If somebody gets paid $225,000 for a speech, it must be an unbelievably extraordinary speech,” Sanders said at an outdoor rally at Washington Square Park last week in advance of the New York primary. “I kind of think if that $225,000 speech was so extraordinary, she should release the transcripts and share it with all of us.”

Clinton said again Thursday she will release transcripts of her paid speeches to private groups or companies when other political candidates do the same. She compared such disclosures to the long-standing practice of politicians being expected to release their income tax returns, which she did far earlier and more thoroughly than Sanders in the campaign.

“Now there’s a new request to release transcripts of speeches that have been given,” Clinton said during a town hall. “When everybody agrees to do that, I will as well because I think it’s important we all abide by the same standards. So, let’s do the tax return standard first because that’s been around for a really long time.”

Clinton has said she can be trusted to spurn her donors on critical issues, noting that President Barack Obama was tough on Wall Street despite his prolific fundraising there. But her earnings of more than $21.6 million from such a wide range of interest groups could affect public confidence in her proclaimed independence.

“The problem is whether all these interests who paid her to appear before them will expect to have special access when they have an issue before the government,” said Lawrence M. Noble, general counsel of the Campaign Legal Center, a Washington-based election watchdog group.

HILLARY CLINTON SPEECHES: 5 mm x 254 mm;

The AP review identified at least 60 firms and organizations that sponsored Clinton’s speeches and lobbied the U.S. government at some point since the start of the Obama administration. Over the same period, at least 30 also profited from government contracts. Twenty-two groups lobbied the State Department during Clinton’s tenure as secretary of state. They include familiar Wall Street financial houses such as Morgan Stanley and Goldman Sachs Group Inc., corporate giants like General Electric Co. and Verizon Communications Inc., and lesser-known entities such as the Institute of Scrap Recycling Industries and the Global Business Travel Association.

Clinton’s two-year speaking tour, which took place after she resigned as secretary of state, “puts her in the position of having to disavow that money is an influence on her while at the same time backing campaign reform based on the influence on money,” said Noble, a former general counsel at the Federal Election Commission. “It ends up creating the appearance of influence.”

Clinton dismissed those concerns in a town hall in Columbia, South Carolina, saying that “the argument seems to be that if you ever took money from any business of any kind, then you can’t fulfill your public responsibilities. Well, that’s just not the case.”

Clinton’s spokesman, Brian Fallon, said in a statement, “Hillary Clinton’s record shows she has consistently taken on these very same industries, and to suggest she would deviate from that at all as president is completely baseless.”

Despite months of controversy over her speeches to Wall Street patrons, Clinton’s biggest rewards came from Washington’s trade associations, the lobbying groups that push aggressively for industry interests. Trade groups paid Clinton more than $7.1 million, the review showed.

The National Association of Realtors spent $38.5 million on government contacts in 2013, the same year it paid Clinton $225,000 to appear at the group’s gathering in San Francisco. A group spokesman said Clinton was among former U.S. officials invited to share their experiences but said she was not paid as part of its lobbying activities.

The Biotechnology Industry Organization, which represents biotech and pharmaceutical firms, spent between $7 million and $8.5 million annually on lobbying since 2008, including contacts with the State Department — during Clinton’s tenure — on the agency’s biotech discussions with foreign governments. The trade group, which hosted Clinton for $335,000 at its event in San Diego in June 2014, has won more than $425,000 in federal payments since 2008 in work for the National Science Foundation and other agencies. The group did not respond to phone calls or emails for comment from AP.

The financial services and investment industry accounted for about $4.1 million of Clinton’s earnings. Its ranks included not only Wall Street powerhouses like Morgan Stanley, Goldman Sachs and Bank of America Corp., but also private equity and hedge funds like Kohlberg Kravis Roberts & Co. LP and Apollo Global Management LLC and foreign-owned banks such as Deutsche Bank AG and the Canada Imperial Bank of Commerce. Goldman Sachs, which gave Clinton $675,000 for three speeches in 2013, and Morgan Stanley, which paid her $225,000 for one speech the same year, both spent millions lobbying the U.S. during Clinton’s term at the State Department.

Nearly three dozen of Clinton’s benefactors spent more than $1 million annually on contacts with officials and Congress during the same year they paid her to appear at their corporate or association events, according to federal lobbying records. Many earned millions more in government contracts — indications of the regulatory and policy stances the groups might advocate during a Clinton presidency.

General Electric, which paid her $225,000 for a speech in Boca Raton, Florida, in January 2014, has the most extensive government portfolio. GE has spent between $15.1 million and $39.2 million annually on lobbying. The company has won nearly $50 million in government work since 2008, including $1.7 million from the State Department for lab equipment and data processing during Clinton’s tenure. The firm also lobbied the State Department all four years under Clinton on issues including trade and Iran sanctions.

As secretary of state, Clinton visited a GE aviation facility in Singapore and touted the State Department’s role aiding GE industrial and military deals abroad. Clinton met with GE Chairman Jeffrey Immelt once about the agency’s efforts to salvage a planned business exposition in Shanghai and also talked with him by phone, according to her calendars.

A GE spokeswoman said, “GE works closely with the U.S. government and State Department, which often advocates for U.S. exporters.”

Clinton sought to defuse the issue of her Wall Street speeches during a February debate with Sanders by explaining that she “spoke to heart doctors, I spoke to the American Camping Association, I spoke to auto dealers, and, yes, I spoke to firms on Wall Street.”

Even the sponsors Clinton cited in her defense engaged in public advocacy — an indication of how many might seek favors if Clinton were elected.

The Cardiovascular Research Foundation, a fundraising group for cutting-edge heart medicine, paid Clinton $275,000 for a speech in Washington in September 2014. That same year, the organization joined other medical and health care groups in urging the Federal Drug Administration to reconsider its generic labeling rules. Foundation spokeswoman Irma Damhuis said Clinton was invited as a “recognized thought leader,” adding that “decisions on keynote speakers are made without a political agenda.”

The National Automobile Dealers Association paid Clinton $325,000 for a convention speech in New Orleans in January 2014. That same year, the trade group spent $3.2 million lobbying federal officials on taxes, automotive and trucking issues, labor and finance. A spokesman said the group’s lobbying and convention activities were separate.

The camping group also paid for lobbying in recent years, including $40,000 in 2015 on Transportation Department administrative actions, according to federal records. The group’s New York and New Jersey affiliate paid Clinton $260,000 for a March 2015 speech in Atlantic City.

Deirdre Petting, an executive with the national group, said its lobbying was separate from the affiliate’s decision to invite Clinton for the event.

After Subpoena: State Removed Benghazi Docs

Obstruction of a government process and investigation. That is a violation of the law. Hillary, what say you and your team? Ever notice that the Democrats never ask questions or complain about lack of compliance or cooperation?

Exactly how many had access to Hillary’s office or permission to remove files? Ahem….

  

State Department Office Removed Benghazi Files After Congressional Subpoena

Release of records delayed over a year due to removal

FreeBeacon: State Department officials removed files from the secretary’s office related to the Benghazi attack in Libya and transferred them to another department after receiving a congressional subpoena last spring, delaying the release of the records to Congress for over a year.

Attorneys for the State Department said the electronic folders, which contain hundreds of documents related to the Benghazi attack and Libya, were belatedly rediscovered at the end of last year.

They said the files had been overlooked by State Department officials because the executive secretary’s office transferred them to another department and flagged them for archiving last April, shortly after receiving a subpoena from the House Select Committee on Benghazi.

The new source of documents includes electronic folders used by senior officials under Secretary of State Hillary Clinton. They were originally kept in the executive secretary’s office, which handles communication and coordination between the secretary of state’s office and other department bureaus.

The House Benghazi Committee requested documents from the secretary’s office in a subpoena filed in March 2015. Congressional investigators met with the head of the executive secretary’s office staff to discuss its records maintenance system and the scope of the subpoena last April. That same month, State Department officials sent the electronic folders to another bureau for archiving, and they were not searched in response to the request.

The blunder could raise new questions about the State Department’s records process, which has come under scrutiny from members of Congress and government watchdogs. Sen. Chuck Grassley (R., Iowa), chairman of the Senate Judiciary Committee, blasted the State Department’s Freedom of Information Act process as “broken” in January, citing “systematic failures at the agency.”

The inspector general for the State Department also released a report criticizing the agency’s public records process in January. The report highlighted failures in the executive secretary’s office, which responds to records requests for the Office of the Secretary.

Since last fall, the State Department has taken additional steps to increase transparency, recently hiring a transparency coordinator.

But the late discovery of the electronic folders has set back the release of information in a number of public records lawsuits filed against the State Department by watchdog groups.

The State Department first disclosed that staffers had discovered the unsearched folders in a January court filing. Attorneys for the department asked the court for additional time to process and release the documents in response to a 2014 lawsuit filed by the government ethics group Judicial Watch.

Around the same time, the State Department alerted the House Select Committee on Benghazi to the discovery. On April 8, the department turned over 1,100 pages of documents from the electronic folders to the House Benghazi Committee, over a year after the committee’s subpoena. The committee had received other documents from the production in February.

The delay has had consequences. The Benghazi Committee had already completed the majority of its interviews with diplomats and government officials regarding the Benghazi attack before it received the latest tranche of documents.

Rep. Trey Gowdy (R., S.C.), chairman of the Benghazi Committee, said in an April 8 statement it was “deplorable that it took over a year for these records to be produced to our committee.”

“This investigation is about a terrorist attack that killed four Americans, and it could have been completed a lot sooner if the administration had not delayed and delayed and delayed at every turn,” Gowdy said.

The decision by State Department officials to transfer the electronic folders to another bureau after receiving the subpoena could also raise questions.

The subpoena requested Benghazi-related documents and communications from 10 of Hillary Clinton’s top aides for the years 2011 and 2012.

The requests included standard language that “Subpoenaed records, documents, data or information should not be destroyed, modified, removed, transferred or otherwise made inaccessible to the Committee.”

The State Department’s attorneys said the executive secretary’s office transferred the folders to the Office of Information Programs and Services for “retiring” in April 2015. Public records officials did not realize for almost eight months that the folders had been moved, and so they were not searched in response to FOIA requests or subpoenas.

“In April 2015—prior to its search in this [Judicial Watch] case—the Secretariat Staff within the Office of the Executive Secretariat (“S/ES-S”) retired the shared office folders and transferred them to the custody of the Bureau of Administration, Office of Information Programs and Services,” the State Department said in a Feb. 5 court filing.

“The IPS employees working on this FOIA request did not initially identify S/ES retired records as a location to search for potentially responsive records because they were operating with the understanding that, to the extent responsive records from the Office of the Secretary existed, they resided within [the executive secretary’s office].”

According to congressional sources, officials on the House Benghazi Committee had a meeting with the executive secretary’s office to discuss the subpoena and the locations of potentially relevant records on April 10, 2015. Electronic folders of senior staff members were discussed during the briefing.

State Department officials at the meeting included the director of the executive secretary’s office staff, who was responsible for handling the office’s records maintenance, the assistant secretary for legislative affairs, and Catherine Duval, the attorney who oversaw the public release of Hillary Clinton’s official emails. The officials gave no indication that electronic folders had recently been transferred out of the office.

The State Department declined to comment on whether the folders were transferred after the meeting took place.

A State Department official told the Washington Free Beacon that personnel did not mislead congressional investigators, and added that no officials at the meeting were involved in transferring the folders.

“The Department personnel who briefed the Select Committee in April 2015 did not play a role in the transfer of these files to State’s Bureau of Administration,” the State Department official said.

The official added that department files are often moved as a routine matter.

“Files that are generated in an office are regularly moved to the Bureau of Administration for storage according to published records retirement schedules,” the official said. “This is a routine action that would not involve a senior supervisor. It also continues to make them available to respond to either Congressional or FOIA requests.”

Duval left the State Department last September. She had previously overseen document production for the IRS during the targeting controversy. Republicans had criticized that process after agency emails were reportedly destroyed and a key IRS official’s hard drive was shredded months after they had been subpoenaed by Congress.

In recent months, the State Department has been working to increase transparency.

“The Department has worked closely with the Select Committee in a spirit of cooperation and responsiveness,” a State Department official said. “Since the Committee was formed, we have provided 48 witnesses for interviews and more than 95,000 pages of documents.”

The efforts drew some praise from the House Benghazi Committee last fall.

“It’s curious the Department is suddenly able to be more productive after recent staff changes involving those responsible for document production,” committee spokesman Jamal Ware said in a Sept. 25, 2015 press release.

Still, it could be months before the public is able to see many of the Benghazi-related documents belatedly discovered by the State Department. The House Benghazi Committee is still completing its investigation and has not released them.

The department’s attorneys have also been granted extensions to produce the documents in response to several public records lawsuits. In one FOIA case, first filed by the watchdog group Citizens United in 2014, a judge has given the State Department until next August to turn over the new materials.

Correction: The original version of this article stated that the House Select Committee on Benghazi had submitted two subpoenas to the State Department. The Committee only submitted one subpoena, on March 4, 2015. The November 2014 request was an official letter from the Committee to Secretary John Kerry.

 

Europe Tells Obama AGAIN to Mind your Own Business

The vote is very….very close so far.

CNNMoney: U.K. citizens worldwide will vote in the historic referendum on June 23. Prime Minister David Cameron will campaign for the U.K. to stay in the EU. The British economy is the second largest in the EU. Its decision on whether to stay or go will have big implications not only for the people of the U.K. but also global financial markets and the future of Europe. More here.

‘Monstrous interference’: UK pols furious at Obama’s plan to intervene in EU debate

FNC: President Obama looks set to wade into the contentious debate in the United Kingdom over whether or not the nation should remain a member of the European Union – and some Brits are angry at the president’s intrusion into a delicate UK issue ahead of a major vote.

Obama will arrive in London late Thursday for a three-day trip. On Friday he will meet Prime Minister David Cameron — who is reportedly keen to get Obama’s backing ahead of the June 23 referendum, in which Britons will choose to remain or leave the European Union.

Cameron is in a difficult position, backing the “Remain” campaign, while many within his own Conservative Party are campaigning for the “Leave” or “Brexit” (British-Exit) campaign. Polls have shows the race is tight, with the Remain campaign holding an edge as small as one percent.

The White House has said Obama is willing to offer his opinion and may announce that he favors Cameron’s position – that Britain should remain in the European Union.

“If he’s asked his view as a friend, he will offer it,” U.S. Deputy National Security Adviser Ben Rhodes said. “As the president has said, we support a strong United Kingdom in the European Union.”

Those calling for Britain to leave the European Union are not happy at that news, with U.K. Independence Party leader Nigel Farage saying Obama should stay home.

‘A monstrous interference,” Farage told Fox News Thursday. “I’d rather he stayed in Washington, frankly, if that’s what he’s going to do.”

“You wouldn’t expect the British Prime Minister to intervene in your presidential election, you wouldn’t expect the Prime Minister to endorse one candidate or another. Perhaps he’s another one of those people who doesn’t understand what [the EU] is,” Farage said.

In March, a letter sent from Conservative MP and former cabinet minister Liam Fox, and co-signed by over 100 MPs from four different political parties, asked the U.S. Ambassador to the U.K. to persuade Obama not to intervene, calling any such intervention “extremely controversial and potentially damaging.”

“It has long been the established practice not to interfere in the domestic political affairs of our allies and we hope that this will continue to be the case,” the letter to Ambassador Matthew Barzun read.

“While the current U.S. administration may have a view on the desirability or otherwise of Britain’s continued membership of the E.U., any explicit intervention in the debate is likely to be extremely controversial and potentially damaging,” the letter said.

London Mayor Boris Johnson — who was born in New York and has expressed strong support for the UK-U.S. relationship — accused Obama of hypocrisy.

“I just think it’s paradoxical that the United States, which wouldn’t dream of allowing the slightest infringement of its own sovereignty, should be lecturing other countries about the need to enmesh themselves ever deeper in a federal superstate,” Johnson said Tuesday.

Cameron however, has said that the advice of allies was welcome, saying “listening to what our friends say in the world is not a bad idea.”

“I struggle to find the leader of any friendly country that thinks we should leave,” he said Wednesday.

***** For the explanation of the referendum and graphics by The Economist, go here.

Terrifying Truth on Who Obama is NOT Deporting

Goodlatte Urges DHS to Deport Thousands of Criminal Aliens with Federal Drug Convictions Set to Be Released Next Month

HouseJudiciaryCommittee: On April 30, 2014, the United States Sentencing Commission approved Amendment 782, which modified the United States Sentencing Guidelines to lower the base offense level for federal controlled substances offenses.  Amendment 782 was made retroactive by the Commission. As a consequence, approximately 2,000 convicted criminal aliens whose sentences were reduced are now eligible for release from the Federal Bureau of Prisons on or about November 1, 2015.

In the letter to Secretary Johnson, Chairman Goodlatte urges Secretary Johnson to remove these criminal aliens from the United States, noting that they are the highest enforcement priority based on the Obama Administration’s own written policy for priority enforcement.

Below is the text of Chairman Goodlatte’s letter to Secretary Johnson.

 

October 20, 2015

The Honorable Jeh Johnson
Secretary
U.S. Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Johnson:

On April 30, 2014, the United States Sentencing Commission approved Amendment 782, which modified the United States Sentencing Guidelines to lower the base offense level for federal controlled substances offenses.  Amendment 782 was made retroactive by the Commission. As a consequence, approximately 6,000 convicted criminals whose sentences were reduced by the sentencing court pursuant to Amendment 782 are now eligible for release from the Federal Bureau of Prisons (BOP) on or about November 1, 2015, and approximately 8,500 additional prisoners will be eligible for early release by November 1, 2016.  Of the initial 6,000 inmates who will be released early, a significant number – approximately 2,000 – are criminal aliens.  These aliens are removable from the United States, either because they are unlawfully present or because of their criminal convictions.  In fact, based on their convictions for drug trafficking offenses, such aliens are the highest enforcement priority (Priority 1) for the Department of Homeland Security, based on your own written policy for priority enforcement, issued on November 20, 2014.

During your testimony before the House Judiciary Committee on July 14, 2015, Committee Members questioned you about the early release of aliens under Amendment 782.  In response, you stated, “I’m aware of this issue.  I’m aware of the adjustment to the Federal Sentencing Guidelines.  I’m aware that a number of individuals will be released as a result.  I’m aware that a number of them are probably undocumented, and we’ve been working with DOJ to do the most effective thing for public safety in that regard.”Given your response, I fully expect that U.S. Immigration and Customs Enforcement (ICE) will issue a detainer with the BOP for each alien expected to be released pursuant to Amendment 782, and that each alien will be taken into custody by ICE, as required by the Immigration and Nationality Act, for purposes of initiating removal proceedings or to execute the removal order of each alien who is already subject to a final order of removal from the United States.

Please confirm whether my expectation will be met and that the Department of Homeland Security is committed to ridding our streets of aliens peddling dangerous and illicit drugs to our children.  Additionally, please provide the following requested information:

    1. The specific number of aliens who will be released early by BOP pursuant to Amendment 782.
    2. Of those alien prisoners, how many have ICE detainers or requests for notification?
    3. Does ICE expect to issue detainers or requests for notification for every alien identified in (1) above prior to the prisoner’s release from BOP custody?
    4. Does ICE expect to take custody of every alien identified in (1) above for the purpose of initiating removal proceedings or to execute a final order of removal?  If not, why not?
    5. Please provide the number of aliens identified in (1) above who will not be taken into ICE custody upon release from BOP and provide an explanation for each alien as to why ICE will not take the alien into custody.

Please provide this information to me by October 30, 2015.  If your office has any questions, please contact Tracy Short, Counsel, Subcommittee on Immigration and Border Security, at (202) 225-3926.

Sincerely,

Bob Goodlatte
Chairman

**** Summary from Breitbart:

An overwhelming percentage of criminal aliens the Obama administration knows are in the U.S. are not detained but are instead living in neighborhoods and communities across the country, according to House Judiciary Committee Chairman Bob Goodlatte (R-VA).

Central American Gang Members AP

“The American public has been misled by the ‘enforcement priorities,’ ‘deferred action,’ and ‘executive action’ policies of this Administration, which categorize only certain quote, unquote ‘serious’ criminal aliens as worthy of immigration enforcement,” Goodlatte said at a House subcommittee hearing examining the victims of illegal immigrant crime. “However, this Administration’s actions demonstrate that it finds it acceptable to permit even serious criminal aliens to prey on our communities.”

According to the House Judiciary Committee, the Obama administration’s enforcement policies have allowed tens of thousands of criminal aliens to remain in the U.S.

“At least 95 percent of convicted criminal aliens known to [the Department of Homeland Security] are not detained,” Goodlatte said at Tuesday’s hearing.

The Virginia Republican argued against immigration activists’ contention that illegal immigration is a “victimless crime,” stressing that the opposite it true — “illegal immigration has consequences that can be devastating,” he said.

“Americans deserve to know why this Administration would release thousands upon thousands of criminal aliens from DHS custody – despite convictions that included a total of 473 homicide-related offenses, 375 kidnappings, 890 sexual assaults, and 10,731 assaults before their release,” he continued.

Goodlatte took additional aim at advocates and Democrats’ argument that the unaccompanied minors from Central America — who have been flooding across the border illegally by the tens of thousands and largely allowed to remain — are all helpless children.

“It is no coincidence that the spike in gang crime occurred during the same time that thousands of Central American minors were illegally entering at the southwest border. Sixty-four percent of validated gang members arrested in Frederick County in 2015 entered illegally through the southwest border as unaccompanied minors,” Goodlatte said, at the time foreshadowing the testimony of Sheriff Charles Jenkins of Frederick County, Maryland.

Goodlatte’s strong words preceded emotional testimony offered by two hearing witnesses whose children were killed by illegal immigrants.

“By releasing known criminal aliens and refusing to secure our border, the Administration has sent a clear message to the American people that their safety and security are far less important than ensuring that illegally present and criminal aliens will remain here,” Goodlatte added.