Category Archives: Health Disease

Islamic State Using Effective Vintage War Tactics

Posted on by

According to the BBC, the Islamic State has started using a terrifying tactic against soldiers in Iraq. This technique has rarely seen use since the European battlefields of World War I (1914-1918).

ISIS is packing crude roadside bombs with deadly chlorine gas.

Iraqi officials showed BBC News a video of security forces detonating one of these bombs, releasing into the air a recognizable and deadly orange cloud. ISIS has occasionally used chlorine gas before, but not with the frequency being seen now.

Iraqi security forces explained that these new attacks are meant to scare soldiers and civilians, rather than kill them. It is a new form of psychological warfare ISIS is using to try and turn the tide of the war in their favor.

The BBC interviewed Haider Taher, a member of an Iraqi bomb disposal squad, who unknowingly detonated one of these chlorine-filled roadside bombs:

Our throats were blocked, we couldn’t breath. My ears felt enormous pressure… we were lucky a military ambulance was there to treat us.

Chemical warfare has been used extensively in neighboring Syria. Bashar al-Assad’s forces have been notorious for their use of gas attacks on civilians and opposition alike, a tactic that has been condemned by the UN and the United States.

Although there’s been some use of chemical weapons by ISIS, there is little information on how much of these chemicals they possess.

The BBC has been shown footage of bright yellow gas rising up from a roadside bomb explosion that the Iraqis say is chlorine, as well as film of the Tikrit explosion.

Jennifer Cole, Senior Research Fellow at defence thinktank Royal United Services Institute, told MailOnline that although chlorine can be lethal, it does appear that it’s being used to spread fear by Isis.

She said: ‘Chlorine is easily available from a number of industrial sources and is very hazardous – causing breathing difficulties in particular and in extreme cases prolonged exposure can kill.

‘Used in roadside bombs such as this, in the open air, it disperses reasonably quickly and so appears to be intended to cause panic rather than serious harm.’

She added: ‘There is no doubt that public perception often sees chemical weapons such as this as more dangerous than conventional weapons such as explosives, even though it may not be the case that a chlorine bomb could cause more harm. In fact, the most damage is likely to be done by the explosion created to disperse it.’

Chlorine was used by the British in the First World War, but it proved to be unreliable. In one attack in 1915 the gas blew back into British trenches after canisters of the chemical were fired from heavy guns at the Germans.

Chlorine is not a prohibited chemical and has been used often in Syria.

* Opposition says chlorine used in three areas this month

* Chlorine not declared by Syria to chemical weapons watchdog

* Canisters likely delivered by air-dropped barrel bombs

* Deadline for removal of chemical weapons is April 27

By Oliver Holmes

BEIRUT, April 22 (Reuters) – Chlorine gas attacks in Syria this month, if proven, expose a major loophole in an international deal which promised to remove chemical weapons from Syria and suggest chemical warfare could persist after the removal operation has finished.

President Bashar al-Assad agreed with the United States and Russia to dispose of his chemical weapons – an arsenal which Damascus had never previously formally acknowledged – after hundreds of people were killed in a sarin gas attack on the outskirts of the capital last August.

Washington and its Western allies said it was Assad’s forces who unleashed the nerve agent, in the world’s worst chemical attack in a quarter-century. The government blamed the rebel side in Syria’s civil war, which is now in its fourth year.

Syria has vowed to hand over or destroy its entire arsenal by the end of this week, but still has roughly 20 percent of the chemicals it declared to the Organisation for the Prohibition of Chemical Weapons (OPCW).

In addition, chlorine gas that was never included on the list submitted to the OPCW is now allegedly being used on the battlefield, leading some countries to consider requesting an investigation, possibly through the United Nations.

Attacks this month in several areas of the country share characteristics that have led analysts to believe that there is a coordinated chlorine campaign, with growing evidence that it is the government side dropping the bombs.

U.S. State Department spokeswoman Jen Psaki said on Monday that Washington had indications that chlorine was probably used by government forces in Syria.

“We are examining allegations that the government was responsible,” she said. “Obviously there needs to be an investigation of what’s happened here.”

YELLOW CANISTERS

In the rebel-held village of Kfar Zeita in the central province of Hama, 125 miles (200 km) north of Damascus, opposition activists uploaded video of people choking and being fed oxygen following what they said were bombs dropped from helicopters on April 11 and 12.

Reuters could not verify the authenticity of the videos and activists regularly make similar claims, but further footage of canisters provided an indication of what had happened.

One of the canisters had only partially exploded and the marking CL2 was written along its side. CL2 is the symbol for chlorine gas. Also visible was “Norinco” – China’s biggest arms maker.

Repeated calls to China North Industries Group Corporation, or Norinco, went unanswered.

Canisters pictured in three separate areas were all painted yellow – complying with international standards on industrial gas colour codes indicating chlorine.

Since April 11, there have been repeated attacks on Kfar Zeita and also on the town of Al-Tamana’a in north west Idlib on Friday which shared the same characteristics.

Activists said helicopters dropped improvised barrel bombs with a chlorine canister enclosed, which led to casualties.

If inhaled, chlorine gas – a deadly agent widely used in World War One – turns to hydrochloric acid in the lungs, which can lead to internal burning and drowning through a reactionary release of water in the lungs.

Hamish de Bretton-Gordon, head of British-based chemical biological radiological and nuclear consultancy firm Secure Bio, said he is “reasonably satisfied that chlorine has been used”.

“The evidence is pretty compelling,” he said.

DOMESTIC CHEMICAL INDUSTRY

Amy Smithson, a leading American chemical weapons expert at the Monterey Institute, said that unless tests are run, it is not certain that chlorine was used or some similar agent.

“Once the Syrian government gets the remainder of the declared chemicals out, pressure should mount for Syria to revise its declaration again, to cough up the remainder of their offensive chemical programme,” she said, questioning whether Syria had weaponised its domestic chemical industry.

Chlorine, a so-called dual-use chemical which has industrial uses, is not on the list of chemical weapons submitted to the OPCW but was produced in Syria before the war. It should have been declared if the government has it, an OPCW spokesman said.

On Monday, opposition groups reported a further attack, this time 20 miles (30 km) northeast of Kfar Zeita in the town of Telminnes. Video footage was posted on YouTube by several opposition groups of men, women and children being treated in a field hospital.

Many appeared to have trouble breathing and medics held them down. One boy who looked less than 10 years old shook as a medic poured a liquid on his eyes and in his mouth.

A Reuters photograph of another young boy who had been transferred to a hospital closer to the Turkish border showed him lying dead on a stretcher with blood around his mouth. Medics said he had been exposed to chlorine gas at Telminnes.

Videos from the site of Monday’s bombing showed the same yellow canisters, this time twisted from an explosion.

Eliot Higgins, a British-based researcher who trawls daily through online videos of Syria’s civil war to verify weapons in them, said that these “chlorine bombs” have similar features to improvised barrel bombs the army has used in the war.

He said one bomb from Kafr Zeita shows metal rods, consistent with other large government barrel bomb designs, to hold the impact fuse plate in place.

Another video of an exploded barrel bomb shows a canister inside the barrel, which has fins on the back and what appear to be explosives around the top of the canister with a detonation cord.

“The interesting thing about these new videos is that there’s the same blue det cord you see in other DIY barrel bombs,” Higgins said.

Hundreds of videos confirm barrel bombs have been dropped from helicopters. Rebels have access to large rockets and missiles but there has never been a case reported of the opposition using air-dropped munitions nor commandeering a helicopter.

GREY AREA

A United Nations inquiry found in December that chemical weapons were likely used in five attacks in 2013, although it did not apportion blame. The nerve agent sarin was likely used in four of the five attacks, the inquiry found.

The OPCW mission to extract Assad’s chemicals has been mired by delays and inconsistencies. On Thursday, Reuters reported that Syria had submitted a “more specific” list of its chemical weapons to the OPCW after discrepancies were reported by inspectors on the ground, officials said.

Although it not public, officials have said the list includes more than 500 tonnes of highly toxic chemical weapons, such as sulphur mustard and precursors for the poisonous gas sarin, as well as more than 700 tonnes of bulk industrial chemicals.

The OPCW, which is overseeing the destruction with the United Nations, has taken an inventory of the chemicals and facilities Syria reported to the joint mission, but has not looked into whether the list may have been incomplete.

“Chlorine has a host of commercial uses. Actually, it’s not very toxic. Sarin is probably 2,000 to 3,000 times more toxic. You and I can buy chlorine in a shop,” chemical weapons specialist De Bretton-Gordon said.

This makes it a grey area, he said, as industrial-use chlorine in canisters – which is what these bombs appear to be – is not strictly a chemical weapon until it is used as one.

Nevertheless, he says, “the OPCW and others have been frankly naive.” (Additional reporting by Anthony Deutsch in The Hague, Ben Blanchard in Beijing, Louis Charbonneau at the United Nations and Reuters TV; Editing by Giles Elgood)

ICE at Work, Almost 2100 Arrested

Posted on by

Could it be a token effort to seek illegal felons across America? Offenses included manslaughter, robbery, rape, kidnapping and pornography. An estimated 58 were gang members while 89 are convicted sex offenders. States included Georgia, Texas, California, Michigan and Ohio.

WASHINGTON

— A five-day nationwide operation targeting convicted criminal aliens subject to removal from the United States yielded the arrest of 2,059 convicted criminals. The operation was led by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO).

“This nationwide operation led to the apprehension of more than 2,000 convicted criminal aliens who pose the greatest risk to our public safety,” said Deputy Secretary of Homeland Security Alejandro Mayorkas. “Today, communities around the country are safer because of the great work of the men and women of U.S. Immigration and Customs Enforcement.”

The operation, dubbed “Cross Check,” began Sunday, March 1, and ended Thursday, March 5. Hundreds of ERO officers participated in the operation that focused on the arrests of public safety threats. Those arrested are from 94 countries and have a wide array of criminal convictions.

The 2,059 individuals with prior criminal convictions who were arrested included more than 1,000 individuals who had multiple criminal convictions. More than 1,000 of those arrested had felony convictions, including voluntary manslaughter, child pornography, robbery, kidnapping and rape.

Of the total 2,059 criminals arrested, 58 were known gang members or affiliates, and 89 were convicted sex offenders.

The vast majority of misdemeanor convictions were for driving under the influence of alcohol or drugs (DUI). ICE considers DUI offenders, particularly repeat offenders, to be a significant public safety threat.

In addition to being convicted criminals, five of those arrested were also immigration fugitives who had previously been ordered to leave the country but failed to depart. Also, 476 were illegal re-entrants who had been previously removed from the country. Because of their serious criminal histories and prior immigration arrest records, 163 of those arrested during the enforcement action were presented to U.S. attorneys for prosecution on a variety of charges, including illegal re-entry after deportation, a felony punishable by up to 20 years in prison.

Arrests include:

Arrests include:

A Jamaican citizen arrested in Atlanta, Georgia, who was convicted in 2014 of breaking and entering, larceny, speeding to elude arrest and assault with a deadly weapon on a law enforcement officer.
A Polish citizen arrested in East Hartford, Connecticut, who was convicted twice for possession of cocaine and other drugs, twice for probation violation and resisting arrest and once for reckless driving.
A Finnish citizen arrested in Naperville, Illinois, who was convicted in 2014 of child pornography involving a victim under 13-years-old.
A Mexican citizen arrested in Arvada, Colorado, who is a documented member of the Sureños criminal street gang and was convicted in 2014 of possession of a weapon.


Two targets of this operation who were not apprehended were added to ICE’s most wanted fugitives list.

“This national operation exemplifies ICE’s ongoing commitment to prioritizing convicted criminals and public safety threats for apprehension and removal,” said ICE Director Sarah R. Saldaña. “By taking these individuals off our streets and removing them from the country, we are making our communities safer for everyone.”
All targets of this operation fell within the top two priorities established in Secretary of Homeland Security Jeh Johnson’s Nov. 20 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants.” Priority 1 targets include threats to national security, criminal street gang members, convicted felons, and aggravated felons. Priority 2 targets have convictions for three or more misdemeanors or convictions for significant misdemeanors, including DUIs.

The foreign nationals detained during the operation who are not being criminally prosecuted will be processed administratively for removal from the United States. Those who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country. The remaining individuals are in ICE custody awaiting a hearing before an immigration judge, or pending travel arrangements for removal in the near future.

Secretary Johnson has directed ICE to prioritize the use of enforcement personnel, detention space, and removal assets to support the department’s civil immigration enforcement priorities. By taking criminals who pose public safety threats off community streets and removing them from the country, ICE addresses a significant security and public safety vulnerability.

ICE began conducting large-scale national operations targeting convicted and other ERO priority aliens in May 2011. Since then, five national Cross Check operations resulted in the arrest of more than 12,440 convicted criminals as well as 774 other priority individuals for a total of 13,214 arrests. This operation is the sixth nationwide Cross Check operation in the agency’s history. The first nationwide Cross Check operation occurred at the end of May 2011 and resulted in the arrest of 2,442 convicted criminals. The last Cross Check operation in August 2013 resulted in the arrest of 1,517 convicted criminals, as well as 143 other priority individuals for a total of 1,660 arrests.

This week’s enforcement action was spearheaded by ICE’s National Fugitive Operations Program, which locates, arrests and removes at-large criminals. The officers who conducted this operation received substantial assistance from ICE’s Fugitive Operations Support Center and ICE’s Law Enforcement Support Center, both located in Williston, Vermont.

In fiscal year 2014, ERO removed 315,943 individuals from the United States. ICE enforcement priorities include removable aliens considered threats to national security, those attempting to unlawfully enter the U.S., gang members, felons, and individuals convicted of crimes including domestic violence, sexual abuse, drug distribution or driving under the influence.

**** “ICE considers DUI offenders, particularly repeat offenders, to be a significant public safety threat.”

Two targets of the operation who were not located have been added to ICE’s Most Wanted list.

Those who will not face further criminal prosecution will be processed for removal from the United States. Detainees with outstanding orders of deportation or who returned to the country illegally after being deported are subject to immediate removal from the U.S., while others will remain in ICE custody while they await a hearing before an immigration judge. Others will remain in custody pending travel arrangements.

“This national operation exemplifies ICE’s ongoing commitment to prioritizing convicted criminals and public safety threats for apprehension and removal,” stated ICE Director Sarah R. Saldaña. “By taking these individuals off our streets and removing them from the country, we are making our communities safer for everyone.”

Rebecca Adducci, field office director for ERO Detroit, which covers Michigan and Ohio, stated: “Our focus on priority targets continues to contribute significantly to the safety and security of communities throughout Michigan. By targeting criminal aliens, we are ensuring the best use of agency resources and a continued focus on public safety.”

White House Czar-Net on Immigration is Productive

Posted on by

There is no one person responsible for illegals getting benefits, there is an army of them and the government of Mexico is included. Mexico is a recipient of huge dollars from the United States. So, this little fact is notable:

Mexico is helping some of its citizens apply for a controversial immigration program in the U.S. called Deferred Action for Childhood Arrivals, or DACA.

Since the Obama administration created the program in 2012, more than 580,000 unauthorized immigrants brought to the U.S. as minors have received temporary relief from deportation and been given work permits that last for at least two years.

But 45 percent of those who are eligible for DACA have not applied, and the cost may be holding some back. Immigrants have to pay a total of $465 to the Department of Homeland Security for fees related to the work permit and for required fingerprinting.

Mexican consulates around the U.S. have been paying those fees for some applicants through a little-known program for Mexican citizens with financial need. ***A federal judge may have temporarily halted President Obama’s executive actions on immigration, but the White House is still proceeding as if it expects the programs to stand. In this video, The Daily Signal explores one reason why.

The Obama administration, or more specifically a government agency called Citizenship and Immigration Services, has set up an “operational center” just outside Washington, D.C., as the hub that will process thousands of applications expected to come from Obama’s immigration actions.

Though no work is currently being done at the center due to a ruling by U.S. District Judge Andrew Hanen last month, its existence shows some of the costs and change that will result from Obama’s executive actions to defer deportation for up to 5 million illegal immigrants and grant them work permits.

This video further explains the purpose of this not-so-secret operational center. *** But what about Social Security? Uh huh…that is yet another benefit.

Illegal immigrants who take advantage of President Obama’s executive actions on immigration will soon collect another benefit: Social Security. Starting in 2017, the Social Security Administration expects that thousands of undocumented immigrants will begin collecting from the Old-Age, Survivor’s, and Disability Insurance (OASDI) program as a direct result of the president’s actions. In a letter to Republican senator Ron Johnson, chairman of the Homeland Security and Governmental Affairs Committee, the SSA’s chief actuary Stephen Goss indicated that an additional 16,000 people will begin collecting OASDI benefits come 2017, and that the number of beneficiaries would continue to increase for 40 years thereafter, topping out at 695,000 people. Goss’s projection may underestimate the number of potential beneficiaries, however, as it assumes that 50,000 fewer illegal immigrants will enter the country each year starting in 2016. What’s more, the SSA is proceeding as if nothing has changed in the wake of a federal judge’s injunction against Obama’s November 2014 executive actions. Goss tells NRO that he expects 58,000 new workers will be covered under the OASDI program later this year, although they will not be eligible to collect benefits immediately. “Based on the best advice and counsel we have gotten, we’re working on the assumption that these [executive actions] will persist,” Goss says. “Most indications we seem to get are that it’s likely that this will get back on track, with some delay.” Goss notes that a law, additional regulation, or another executive action by Obama or a future president could alter the way SSA calculates and administers OASDI benefits, but says that he does not expect the court’s order will ultimately succeed in changing anything. The Social Security Administration appears to be the latest Obama administration agency to ignore the federal judge’s injunction, moving forward as if it posed no legitimate threat to the president’s actions. U.S. Customs and Border Protection continues to circumvent the judge’s injunction, adhering to the relaxed border protection and enforcement standards laid out by Department of Homeland Security Secretary Jeh Johnson in the wake of the executive actions. And, as the Justice Department noted last week, the U.S. Citizenship and Immigration Services began granting applications related to Obama’s executive amnesty well in advance of the date authorized by the president. Apparently, when Republicans in Congress caved to Obama and fully funded DHS — and the president’s executive actions — last month, they paved the way for illegal immigrants to begin collecting benefits from other agencies as well.

 

 

SCOTUS on Obamacare, Facts

Posted on by

 

WASHINGTON (AP) — The Supreme Court was sharply divided Wednesday in the latest challenge to President Barack Obama’s health overhaul, this time over the tax subsidies that make insurance affordable for millions of Americans.

The justices aggressively questioned lawyers on both sides of what Justice Elena Kagan called “this never-ending saga,” the latest politically charged fight over the Affordable Care Act.

Chief Justice John Roberts said almost nothing in nearly 90 minutes of back-and-forth, and Justice Anthony Kennedy’s questions did not make clear how he will come out. Roberts was the decisive vote to uphold the law in 2012.

Otherwise, the same liberal-conservative divide that characterized the earlier case was evident.

Opponents of the law say that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums. The administration says the law provides for subsidies in all 50 states.

The liberal justices peppered lawyer Michael Carvin almost from the outset of his argument to limit the subsidies.

Justice Ruth Bader Ginsburg said the law set up flexibility for states to either set up their own markets or rely on the federal healthcare.gov. Giving subsidies only to people in some states would be “disastrous,” Ginsburg said.

When Solicitor General Donald Verrilli Jr. stepped to the lectern, the liberal justices fell silent, and Justices Samuel Alito and Antonin Scalia took over.

“It may not be the statute Congress intended, but it may be the statute Congress wrote,” Scalia said of the provision in question. The case focuses on four words in the law, “established by the state.” The challengers say those words are clear and conclusive evidence that Congress wanted to limit subsidies to those consumers who get their insurance through a marketplace, or exchange, that was established by a state.

(AP) Members of the National Family Planning and Reproductive Health Association rally…
Full Image

Verrilli argued that the law can only be read more broadly and noted that millions of people would lose health insurance if the court rules against the administration.

Alito wondered if the justices could delay the effect of such a ruling to allow states and perhaps the federal government to act. Scalia said he believes Congress would act.

“This Congress, Your Honor?” Verrilli said to widespread laughter in a packed courtroom that included leading congressional Democrats and Republicans.

Kennedy voted to strike down the health law in 2012, but on Wednesday he asked questions of both sides that made it hard to tell where he might come out this time.

He suggested that challenger Carvin’s argument raised a “serious” constitutional problem affecting the relationship between states and the federal government. On the other hand, he seemed less than convinced by Verrilli’s reading of the law to allow the subsidies nationwide.

Millions of people could be affected by the court’s decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits to people who live in states that created their own health insurance marketplaces?

A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department’s healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage.

Activists on both sides were in place outside the marble courthouse by 5:30 a.m. Wednesday. Some held placards showing how many people in each state would lose insurance if the court ruled that the law does not allow subsidies everywhere.

Opponents of the Affordable Care Act failed to kill the law in an epic, election-year Supreme Court case in 2012. Chief Justice Roberts joined with the court’s liberal justices and provided the crucial vote to uphold the law in the midst of Obama’s re-election campaign.

The new case, part of a long-running political and legal fight to get rid of the law also known as Obamacare, focuses on the four words “established by the state” in a law that runs more than 900 pages.

The administration counters that the law was written to dramatically reduce the ranks of uninsured, and that it would make no sense to condition subsidies on where people live. The phrase “established by the state,” is what the administration calls a “term of art” that takes in both state- and federally run exchanges. The administration also says the term cannot be read in isolation, and that other parts of the law show that subsidies should be widely available.

Each side in the case argues that the law unambiguously supports only its position. One other option for the court is to declare the law is ambiguous when it comes to subsidies and defer to the Internal Revenue Service’s regulations making tax credits available nationwide.

Partisan and ideological divisions remain stark for a law that passed Congress in 2010 with no Republican votes. Of the judges who have ruled on lawsuits over the subsidies, Democratic appointees have sided with the administration and Republican appointees have been with the challengers.

Roberts was the only justice to essentially cross party lines with his vote in 2012. His fellow conservatives on the court voted to strike down Obamacare in its entirety.

A decision in King v. Burwell, 14-114, is expected by late June.

To understand the case that House has against the Department of Health and Human Services on Obamacare (ACA), in part this is from the lead lawyer, Jonathan Turley representing the House of Representatives:

The case could again put Chief Justice Roberts in the position of saving or dooming the ACA with a court that has been deeply divided over the Act. Roberts appeared to have switched sides soon before the issuance in the individual mandate case — a decision that saved the ACA but also produced a rather convoluted opinion. Now the Administration seems to be trying to influence Roberts with dire predictions about what would occur if he or his colleagues vote against the President. Obviously, the ramifications of a legal interpretation should not influence the Court but clearly some believe it may factor into the analysis.

Sylvia Mathews Burwell, the Health and Human Services secretary, told lawmakers in a letter on Tuesday that millions of Americans would lose their health insurance if the court rules against President Barack Obama’s administration in the case, which is expected to be decided by June. The timing of the letter is rather obvious and the question is whether such heavy-handed moves could backfire. It seems pretty obvious who the letter is really directed toward and Roberts may feel like he is being played as a chump.

Ironically, there is no need for the letter. As I have noted in the past, King and Halbig represent serious threats to the ACA, even though there could be legislative remedies. The problem is that the President has burned every bridge with Congress in continuing to take unilateral actions in violation of the the Separation of Powers (at least in the view of some of us).

In the end, this type of public campaign can irritate and alienate justices before an argument. Whether the President acted constitutionally (and I believe that he did not) should not be a question that turns on how you feel about health care or the ramification of enforcing what you believe is the constitutional mandate.

—

Feds on the Move to Counter Judge’s Immigration Stay

Posted on by

Recently, Judge Hanon issued a temporary stay order against the Obama regime to stop the White House DAPA order on immigration. Now the Feds are on the move.

HOUSTON (CN) – The 5th Circuit on Monday will be asked to decide whether the Obama administration’s deferred deportation programs for immigrants who were brought to the United States as children are permissible because of prosecutorial discretion.
The Justice Department on Friday said it will ask the 5th Circuit today to stay an injunction that prevented hundreds of thousands of undocumented immigrants from applying for amnesty.
Twenty-six Republican-led states sued Department of Homeland Security Secretary Jeh Johnson and other top immigration officials late last year, claiming Obama’s executive actions are unconstitutional.
U.S. District Judge Andrew Hanen, granted an injunction against the programs last week. Critics claim that the Republican states forum-shopped to sue in Hanen’s court. Hanen, a George W. Bush appointee, was well known as a critic of Obama’s immigration policies.


Hanen did not rule that Obama’s programs are unconstitutional, but that they cannot take effect until legal questions are settled.
The Texas-led plaintiffs claim that because Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) would allow qualifying immigrants to apply for work permits and driver’s licenses, the states will be stuck with the cost of processing them.
The U.S. Citizenship and Immigrations Services already has the authority to grant undocumented immigrants work permits, Immigration and Customs Enforcement spokesman Greg Palmore said. Immigration and Customs Enforcement (ICE) and USCIS both are branches of the Department of Homeland Security.
Obama’s programs are simply an element of the process of prosecutorial discretion, which immigration officials use to decide who should be deported, according to Palmore.
“Under the deferred action process, and prosecutorial discretion as a whole, ICE is screening every alien we encounter, including those in custody,” Palmore said Friday.
“Decisions are based on the merits of each case, the factual information provided to the agency and the totality of the circumstances,” Palmore said.
“ICE is focused on smart and effective immigration enforcement that prioritizes the removal of convicted criminal aliens, recent border-crossers and immigration fugitives who have failed to comply with final orders of removal issued by the nation’s immigration courts.”
Palmore said ICE would not discuss how it handles a particular case without the immigrant’s consent, as that information is protected by the Privacy Act.
The American Center for Law & Justice, a Christian conservative law firm based in Washington, D.C., joined 27 Republican congressmen in an amicus brief supporting the states’ lawsuit.
It claims Obama’s amnesty offer goes beyond the powers held by immigration agencies.
“As the judge indicated, there is no express or implied statutory authority to create entire new legal programs that go well beyond individualized discretion or resource-based priority determinations and extend into new, large-scale entitlements that actually contradict Congress’s expressed intent,” the firm said Friday in a statement.

DEFENDANTS’ EMERGENCY EXPEDITED MOTION TO STAY THE COURT’S

FEBRUARY 16, 2015 ORDER PENDING APPEAL AND SUPPORTING

MEMORANDUM

INTRODUCTION AND SUMMARY OF THE ARGUMENT

Defendants respectfully move for a stay, pending appeal, of the preliminary injunction entered in this case on February 16, 2015 [ECF No. 144], concerning the November 20, 2014, memorandum issued by the Secretary of Homeland Security (“Secretary”), setting forth guidelines for the consideration of deferred action for the parents of U.S. citizens or lawful permanent residents (“DAPA”) and modifying existing guidelines for the consideration of deferred action for certain individuals who came to the United States as children (“modified DACA”) (collectively, “Deferred Action Guidance” or “Guidance”). Defendants have filed a Notice of Appeal [ECF No. 149] from the Court’s February 16, 2015 Opinion and Orders granting Plaintiffs’ Motion for Preliminary Injunction [ECF Nos. 144 & 145].

A stay pending appeal is necessary to ensure that the Department of Homeland Security (“DHS” or “Department”) is able to most effectively protect national security, public safety, and the integrity of the border. Specifically, the Deferred Action Guidance enjoined by this Court is an integral part of the Department’s comprehensive effort to set and effectuate immigration enforcement priorities that focus on the removal of threats to public safety, national security risks, and recent border crossers, thereby best securing the Homeland in the face of limited resources.

Absent a stay, DHS will sustain irreparable harm—harm that would not be cured, even if Defendants ultimately prevail on that appeal. Allowing the preliminary injunction to remain in place pending appeal would also harm the interests of the public and of third parties, who will be deprived of the significant law enforcement and humanitarian benefits of prompt implementation of the Guidance. When these harms are weighed against the financial injuries claimed by Plaintiffs (and found by the Court only as to Texas), the balance of hardships tips Case 1:14-cv-00254 Document 150 Filed in TXSD on 02/23/15 Page 5 of 24 decidedly in favor of a stay; the harms claimed by Plaintiffs are not imminent and are fully within their power to avoid.

A stay is also warranted in view of Defendant’s substantial case that the preliminary injunction was issued in error—all that Defendants must establish concerning a likelihood of success in order to warrant the requested stay. Defendants’ case is substantial indeed: the Court lacked authority to issue the preliminary injunction, both because Plaintiffs lack standing and because the Deferred Action Guidance is an exercise of prosecutorial discretion by the Secretary that is neither subject to challenge by the States, nor required to be issued through notice-and comment rulemaking. That the Court’s reasoning on standing and the merits has been rejected by other district courts further underscores the fact that Defendants have a substantial case on appeal.

Read the entire Federal appeal here that was filed today.

DHS was to begin accepting requests for modified DACA on February 18, 2015. On February 16, 2015, the Court granted Plaintiffs’ Motion and preliminarily enjoined Defendants from “implementing any and all aspects or phases” of DAPA and modified DACA, as set forth in the Guidance. Order of Temporary Inj. (“Order”) at 1-2 [ECF No. 144]. The Court found that “at least” Texas has standing to sue, stating that Texas would be required under the existing terms of state law to expend funds to provide driver’s licenses to individuals who receive DAPA and modified DACA at some point in the future. Mem. Op. & Order (“Op.”) at 22-36 [ECF No. 145].