Illegal Alien Process, Background and Military Component

I have read countless documents, court rulings, studies and interviews as the matter of the incursion at the Southern border has many moving parts. I will make this easy for the reader.

CRS Insights Unaccompanied Alien Children: A Processing Flow Chart

Lisa Seghetti, Section Research Manager ([email protected], 7-4669)

July 16, 2014 (IN10107)

Within the Departments of Homeland Security and Health and Human Services, several agencies are involved in apprehending, processing, placing, and repatriating unaccompanied alien children (UAC). Customs and Border Protection (CBP) apprehends, processes, and detains the majority of UAC arrested along U.S. borders. Immigration and Customs Enforcement (ICE) physically transports UAC from CBP to the Department of Health and Human Services Office of Refugee Resettlement (ORR) custody. ORR is responsible for detaining and sheltering UAC who are from non-contiguous countries and those from contiguous countries (i.e., Canada and Mexico) for whom there is a concern that they may be victims of trafficking or have an asylum claim, or who do not desire to return to their country voluntarily, while they wait for their claim to be processed or for an immigration hearing. U.S. Citizenship and Immigration Services (USCIS) is responsible for the initial adjudication of asylum applications and processes trafficking petitions filed by UAC. The Executive Office for Immigration Review (i.e., immigration courts) in the U.S. Department of Justice conducts the immigration proceedings that determine whether the UAC is allowed to remain in the United States or is deported to his or her home country. If a UAC is ordered removed or chooses to voluntarily depart from the United States, ICE is responsible for returning the alien to his/her home country. For an overview on this topic, see CRS Report R43599, Unaccompanied Alien Children: An Overview.

Figure 1.Unaccompanied Alien Children

A Processing Flow Chart  Full graphic can be seen here.

ICE flow chart

But as Governor Perry deploys 1000 National Guard on parts of the Texas border, what does that mean and what will/can they do?

The Secretary of the Department of Homeland Security (DHS) is charged with preventing the entry of terrorists, securing the borders, and carrying out immigration enforcement functions. U.S. Customs and Border Protection (CBP), a component of DHS, has primary responsibility for securing the borders of the United States, preventing terrorists and their weapons from entering the United States, and enforcing hundreds of U.S. trade and immigration laws. Within CBP, the U.S. Border Patrol’s mission is to detect and prevent the illegal entry of aliens across the nearly 7,000 miles of Mexican and Canadian international borders and 2,000 miles of coastal borders surrounding Florida and Puerto Rico.

Although the military does not have primary responsibility to secure the borders, the Armed Forces generally provide support to law enforcement and immigration authorities along the southern border. Reported escalations in criminal activity and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. On May 25, 2010, President Obama announced that up to 1,200 National Guard troops would be sent to the border to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act (PCA), which prohibits use of the Armed Forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised.

 Justice Scalia wrote the opinion in the case of Flores v. Reno the basis for where we are today with processing, shelters, detention and deportation.

The Flores-Reno settlement agreement, Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act (TVPRA) are the guiding principles when dealing with UACs.

 The number of UACs in the Rio Grande Valley/Harlingen Field Office geographical area has seen an increase of 367.6 percent since fiscal year 2011.

 Most UACs are Other Than Mexican (OTM) nationals, which causes significant increases in processing time (administrative/criminal casework) and requirements for long term detention.

 The amount of time and resources needed to provide humanitarian care is extensive and increases with escalating UAC numbers.

 ORR tries to place apprehended UACs as close to the referring location as possible to minimize travel requirements for CBP and ICE.

 The HHS ORR Intake Center operates 24-7 but makes UAC referral placements from 9 a.m. – 9 p.m. each day.

 Each morning the HHS ORR Intake Center has approximately 30-90 initial placement referral requests pending from the previous night.

 The national discharge rate of UACs is approximately 80-90 per day.

 There are approximately 5,000 beds available in the HHS ORR network that service approximately 25,000 UACs annually.

 Each agency uses different data systems to manage UACs.

 

 

 

 

 

Beyond Spying on You, What You See is Manipulated

First of all, beyond the NSA there is a consortium of 4 countries that collaborate on intelligence, data-mining of social media, and score their findings. The consortium is called GCHQ (Government Communications Headquarters) located in Britain and is the flagship of all cyber transactions as well as telecom transactions.

GCHQ is also known as the four eyes, watching everything and everyone globally without exception, areas more robustly than others, all for unique reasons.

GCHQ’s dark arts: Leaked documents reveal online manipulation, Facebook, YouTube snooping

By for Zero Day

GCHQ has developed a toolkit of software programs used to manipulate online traffic, infiltrate users’ computers and spread select messages across social media sites including Facebook and YouTube.

Screen Shot 2014-07-14 at 08.11.51

 

The UK spy agency’s dark arts were revealed in documents first published by The Intercept, and each piece of software is described in a wiki document written up by GCHQ’s Joint Threat Research Intelligence Group (JTRIG). The document, which reads like a software inventory, calls the tools part of the agency’s “weaponised capability.”

Some of the most interesting capabilities of the tools on the list include the ability to seed the web with false information — such as tweaking the results of online polls — inflating pageview counts, censoring video content deemed “extremist” and the use of psychological manipulation on targets — something similar to a research project conducted with Facebook’s approval, which resulted in heavy criticism and outrage levied at the social media site.

A number of interesting tools and their short descriptions are below:

  • ASTRAL PROJECTION: Remote GSM secure covert Internet proxy using TOR hidden service
  • POISON ARROW: Safe malware download capability
  • AIRWOLF: YouTube profile, comment and video collection
  • BIRDSTRIKE: Twitter monitoring and profile collection
  • GLASSBACK: Technique of getting a target’s IP address by pretending to be a spammer and ringing them. Target does not need to answer.
  • MINIATURE HERO: Active skype capability. Provision of realtime call records (SkypeOut and SkypetoSkype) and bidirectional instant messaging. Also contact lists.
  • PHOTON TORPEDO: A technique to actively grab the IP address of MSN messenger user
  • SPRING-BISHOP: Finding private photos of targets on Facebook
  • BOMB BAY: The capacity to increase website hits, rankings
  • BURLESQUE: The capacity to send spoofed SMS messages
  • GESTATOR: Amplification of a given message, normally video, on popular multimedia websites (YouTube)
  • SCRAPHEAP CHALLENGE: Perfect spoofing of emails from Blackberry targets
  • SUNBLOCK: Ability to deny functionality to send/receive email or view material online
  • SWAMP DONKEY: A tool that will silently locate all predefined types of file and encrypt them on a targets machine
  • UNDERPASS: Change outcome of online polls (previously known as NUBILO).
  • WARPATH: Mass delivery of SMS messages to support an Information Operations campaign.
  • HUSK: Secure one-on-one web based dead-drop messaging platform.

The list, dated from 2012, says that most of the tools are “fully operational, tested and reliable,” and adds: “Don’t treat this like a catalogue. If you don’t see it here, it doesn’t mean we can’t build it.”

“We only advertise tools here that are either ready to fire or very close to being ready,” the document notes.

The release of these documents comes in the same week that the UK intelligence agency’s spying activities are being investigated by surveillance watchdog the Investigatory Powers Tribunal (IPT). Civil liberty groups set a legal challenge against the GCHQ in order to question the legal standing of schemes such as Tempora — a project revealed in the NSA scandal that showed the agency placed data interceptors on fiber-optic cables that carry Internet traffic to and from the UK.

The 3.7 Billion Request Tells a Bigger Story

The smartest people are those that have their hands dirty in government and time their respective departures when corruption goes to DEFCON levels. Such was the case with Lois Lerner at the IRS, such was the case with White House spokesperson, Robert Gibbs and such was the case with David Axelrod, a White House advisor. Now such is the case with Kathleen Sebelius.

Either these people and others do have a threshold they wont cross when it comes to fraud, lies and collusion or such fraud, lies and collusion in emerging events was just too big to endure. Either way, it is time to focus on Kathlees Sebilius for the matter of the $3.7 billion supplemental for the alien surge at the our southern border.

She timed her departure knowing full well what was ahead, while it was during her tenure at Heath and Human Services that all tracks leading up to the immigrant incursion was about to break wide open.

Now let’s look deeper. On July 8, 2014, the White House wrote a rather comprehensive letter and support document to John Boehner, Speaker of the House asking for $3.7 in funding a solution to an insurgency of the White House’s own making. The emergence of this issue involving costs under the cover of illegal immigration and covering the costs of shortfalls in other agencies originated back in June. The timing of this is no mistake as it does take time to estimate and coordinate conditions, agencies involvement and the ubiquitous bundling of dollars to pay for other items of which is always detailed for the White House Office of Management and Budget. Enter Sylvia Burwell. She was the Director of the White House OMB from 2012-2013 and now she has officially replaced Sebilius.

Now only does Burwell have a handle on financial and economic needs of major programs but she is well aware that the Congressional Budget Office can no longer predict the financial status of Obamacare due mostly in part to the alterations made by edict and Executive Order by Barack Obama himself. However, it is in fact clear that the numbers of enrollees into Obamacare as well as countless other factors prove that Obamacare is not financially stable now or in the future. This is where the $3.7 billion supplemental of the over $4 billion earmarks billions to Health and Human Services to cover short-falls and not for the medical care of illegals flooding into America.

Here is the White House letter and annexed support documents where the clues reveal themselves. Of note is the money to be allocated to fighting fires.

Further, Barack Obama asked Congress Tuesday and the White House opted not to include legislative language calling on the unaccompanied children to be deported more quickly to their home countries. But officials made clear that their intent is to speed the current turnaround process by increasing money for the immigration courts and putting a priority on recent arrivals.

What is behind this border surge is explained here. Going back as far as 1996, the immigration surge has been discussed where those in Congress have chosen to ignore real solutions for at least 18 years, yet the American taxpayer has been footing the bill for refugee resettlement and private organizations have been receiving grant money to play a large role including the Catholic church, such as we are seeing the same today. For a complete study completed in 2008 on the costs, results and effectiveness of the Refugee Resettlement office under HHS go here. The Government Accountability Office performed an intense summary of 2012 and no one is watching, much less interviewing the local stakeholders on the financial and demographic implications at the local level.

In summary, this new supplemental requested by the White House is not only hiding financial shortfalls of other government agencies, this making this a planned and well executed event, favoritism is also at hand here, so America, don’t be fooled with the rhetoric including those that will be deported and that laws are being enforced.

This is madness of epic proportions, while the larger matter is we are in a national security condition that is reaching the red level of the DEFCON alarm system.

If you don’t think we are at DEFCON and this has been a mission by the Obama administration then consider this.

Asylum Claims under the Obama regime.

Leaked Data Shows 10-Fold Increase In Obama’s Asylum Approvals

By: Neil Munroe

The number of foreigners who successfully filed asylum claims in the United States almost tripled from 2012 to 2013, up to 30,393.

That’s 10 times the number from 2008, when President Barack Obama was elected, and it is evidence his immigration officials are agreeing that many people in the growing wave of Central American migrants face a “credible fear” of harm if they are returned. Official approval allows the migrants to file for asylum in immigration court, where judges will approve or reject the asylum request.

If you came illegally to the U.S. seeking asylum in 2013, you had better than a four-in-five chance of successfully filing an asylum claim. That’s up from a three-in-five chance in 2008.

The migrants include mothers with children, and youths who have been brought north by their parents who are living illegally in the United States. Roughly 240,000 migrants — parents, youths and children — are expected to cross the border by the end of September.

The total includes 57,525 unaccompanied youths and children, from October 2013 to June 30, 2014, according to DHS. Because of a 2008 law, unaccompanied youths from countries other than Mexico and Canada don’t have to pass the “credible fear” hurdle, but can directly file asylum cases in immigration courts.

Legislators urged more care in granting asylum after the media reported that the father of Dzhokhar Tsarnaev and his brother, Tamerlan Tsarnaev, successfully applied for asylum in 2002.

The internal federal data from the Department of Homeland Security was provided to The Daily Caller by a source.

It shows that officials endorsed 3,097 asylum requests in the year up to Sept. 30, 2008 — dubbed fiscal year 2008 — to people who said they faced a “credible fear” of persecution if they were repatriated.

Obama took office in January 2009, and officials approved 3,411 “credible fear” approvals in the next 12 months, up to the end of September in 2009.

Officials approved another 6,293 in the next 12 months, and another 9,423 in the next 12 months, ending September 2011.

 

 

DC, Target Rich for Lawsuits

Whistleblowers abound, they include the EPA, the Veterans Administration and the White House. It is about time that those in government finally sound the alarm while there should be thousands more doing the same thing.

The one target rich agency that needs the most whistleblowers is in fact the Department of Justice, but that is a fool’s errand to hope for that to happen. So, there are two lawsuits brewing that are notable and it is a start in the process.

The House Speaker, John Boehner introduced his resolution for a lawsuit against Barack Obama and here is the resolution.

http://docs.house.gov/meetings/RU/RU00/20140716/102507/BILLS-113pih-HRes___.pdf

While Barack Obama is mocking this pending lawsuit with his ‘so sue me’ there is one Congressman that is taking on Lois Lerner. His resolution is here.

The full text of Stockman’s resolution:

RESOLUTION

Providing for the arrest of Lois G. Lerner to answer the charge of contempt of Congress

Whereas Lois G. Lerner, former Director, Exempt Organizations, Internal Revenue Service, has been found to be in contempt of Congress for willfully and intentionally refusing to comply with a congressional subpoena duly issued by the Committee on Oversight and Government Reform, thereby obstructing the Congress in the lawful exercise of its constitutionally mandated legislative powers; and,

Whereas such behavior is an insult to the dignity of the House of Representatives, an attack upon the integrity of its proceedings, works violence upon the rights of the House collectively, and therefore implicates the long-recognized inherent power of the House to punish and commit for contempt, privileged under the Constitution; and,

Whereas recent history with similarly contumacious and insolent witnesses such as Eric Himpton Holder, Junior, strongly suggests that the present statutory judicial rubric set up to punish and reform such insubordinate and obstructionist witnesses would be ineffective in this case, as it is likely that the US Attorney for the District of Columbia would refuse to perform his lawful duty to bring the offending contemnor Lerner before a Grand Jury and prosecute the same for her misconduct pursuant to section 104 of the Revised Statutes of the United States (2 U.S.C. 194) and section 102 of the Revised Statutes of the United States (2 U.S.C. 192); and,

Whereas the executive and judicial branches’ prolonged and dawdling failure to prosecute Attorney General Holder’s insolent contempt of the 112th Congress strongly suggests that a like proceeding against contemnor Lerner would be similarly futile, and the threat of such prosecution has clearly been insufficient to encourage contemnor Lerner to be honest and candid with the Congress regarding the heinous actions of the Internal Revenue Service;

Now, therefore, be it

Resolved, That the Speaker issue his warrant, directed to the Sergeant-at-Arms, or his deputy, commanding him to arrest and take into custody forthwith, wherever to be found, the body of Lois G. Lerner, and bring her to the bar of the House without delay to answer to the charge of contempt of its authority, breach of its privileges, and gross and wanton insult to the integrity of its proceedings, and in the meantime keep the body of Lerner in his custody in the common jail of the District of Columbia, subject to the further order of the House. While in custody, Lerner shall enjoy no special privileges beyond those extended to her fellow inmates, shall not access any computer or telephone, and shall not be visited by anyone other than her counsel, clergy, physician, or family.

We need a method at the Congressional level that allows the House to hires its own special prosecutor such that reliance on the Department of Justice is not required as Eric Holder simply refuses to be a law-enforcer.

 

Obama Prepares to Adopt 90,000

While the insurgency at the Southern Border continues, it is important to know even more outside the scope of the obvious aired on TV.

We have at least two retired Generals that have vocally said in the last few weeks that this incursion is a national security threat, their names are General Hayden and General Kelly. So what is really going on with a solution?

 Real Photo

90,000 migrants could cross border

Homeland Security Secretary Jeh Johnson said Thursday that as many as 90,000 unaccompanied child migrants could cross the southwest border before the end of this fiscal year in September.

That will place a huge strain on immigration agencies which will badly need new money to get through the summer, Johnson says. The 90,000 number—the highest yet given by the administration—is spelled out in written Senate testimony by Johnson as well as Health and Human Services Sylvia Burwell, who must also deal with the border crisis.

“We are preparing for a scenario in which the number of unaccompanied children apprehended at the border could reach up to 90,000 by the end of fiscal 2014,” Johnson’s testimony reads, and he bluntly warns that without an infusion of new funds, the U.S. Immigration and Customs Enforcement (ICE) will run out of money in August.

Johnson appeared Thursday afternoon before the Senate Appropriations Committee, which is considering President Barack Obama’s request this week for $3.7 billion in emergency funds, chiefly for Homeland Security and HHS.

Of the 90,000, it is estimated that about 20,000 will be from Mexico and can be quickly returned. But about 70,000 would have come from Central American countries like Honduras, El Salvador and Guatemala, and processing these cases requires much more time under current law and has provoked debate now in Congress.

In fiscal 2013, Johnson said 24,000 unaccompanied children were apprehended by border officers in his department. That number had already doubled to 57,000 by the end of June, he said, and “it continues to climb.”

But what about the Department of Justice?

Here is the DoJ’s new priority. By: lsmoynih

Along the southern border of the United States, migrants make the dangerous journey from Central America and Mexico to our homeland on a daily, consistent basis. Throughout the process of this journey, individuals, children, and entire families are faced with varying degrees of violence, criminal activity, abusive treatment, and extortive practices. Once on United States soil, detained migrants are faced with detention and become active cases within the immigration courts of the United States. As such, these detained migrants and their human rights are the concern of the U.S. Department of Justice. Concerns of the Department of Justice range from humane treatment and proper care of migrants during detainment to the proficient completion of migrant court cases.

This week, Deputy Attorney General James Cole announced, “… that the Justice Department will implement a series of steps to help address the influx of migrants crossing the southern border of the United States.” This announcement was accompanied by a Fact Sheet titled, “Department of Justice Actions to Address the Influx of Migrants Crossing the Southwest Border in the United States.” The steps included in the announcement contain the following points of focus:

  • “Refocusing immigration court resources to adjudicate the cases of recent immigrants”
  • “Providing support and training to help address violence in Central America”
  • “Redoubling efforts to work with other federal agencies and the Mexican government to investigate and prosecute those who smuggle migrants to the United States”

To address the first point, the Department of Justice’s Executive Office for Immigration Review (EOIR) has been refocused, “… to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings…” The purpose of this adjustment in case prioritization is to ensure that recent cases are processed proficiently, especially those cases concerning unaccompanied minors and families who crossed the border with children. Proficient case completion safeguards those migrants seeking asylum as well as returning migrants whose case proceedings deem removal as fitting. In order to achieve this level of timely case completion, the EOIR plans to reassign immigration judges, implement technology-supported proceedings by means of video teleconference, and allow for the appointment of temporary immigration judges.

In order to achieve the second point of focus, the Department of Justice is seeking a means to fund the delegation of, “… legal and law enforcement advisors at U.S. embassies…” in designated Central American Countries. In addition, to provide foreign governments with the necessary support and training to combat criminal violence, the Department of Justice, “…is seeking new funding…to assist Central American countries in combatting [sic] transnational crime and the threat posed by criminal gangs.” The purpose of supporting Central American countries in this manner is to provide potential migrants with safer home countries, and thus decreasing the number of migrants who seek protection in the U.S. from crime violence in their home of origin.

For the purposes of prosecuting migrant smugglers, the Department has announced plans to increase its attempts at “…identify[ing] and apprehend[ing] smugglers who are aiding unaccompanied children in crossing the U.S. border.” In tandem with these increased attempts, the importance of strategizing a means to “…disrupt and dismantle…” smuggling networks is addressed as a key area of focus to achieve the final focal point of the announcement.

In conclusion, the Department announcement discloses two initial steps being made this week by key officials. On July 9, 2010, Deputy Attorney General Cole made a visit to the U.S. Customs and Border Protection’s McAllen Station and processing facility in order to view the pressing concerns regarding the influx of migrants at the border. Apart from this, EOIR Director Juan P. Osuna plans on testifying before the Senate Homeland Security and Governmental Affairs Committee to emphasize the Department of Justice’s strategies towards addressing the influx of migrants onto U.S. soil.