Category Archives: Illegal Immigration

DHS Spending Bill IS FULL of Nasty Things

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The bill is here if you choose to read it.

Image result for dhs funding border wall

1. The bill has language in that actually restricts who can do immigration sweeps and deportations.

2. That 55 miles of alleged construction has many caveats to it including approvals or denials by the land-owners for any kinds of barriers. Further, there is an historic church and a butterfly sanctuary that is restricted from any barrier construction.

3. There is NO money for an additional 750 Border Patrol agents and there is NO money for 2000 more ICE agents.

4. Any construction of a border wall cannot use any of the prototypes offered to the Federal government.

5. The bill would prohibit DHS from detaining or deporting a sponsor, potential sponsor, or household member of an unaccompanied minor based on information shared with HHS. (this means that all unaccompanied themselves their own sanctuary).

6. Detention for up to 100,000 illegals would require other options including wearing ankle bracelets or simply using a phone. This means essentially detention centers could be rendered obsolete.

7. A larger or perhaps a separate oversight committee/team will be established to manage all ICE activities.

8. There is a cap to immigrant beds at 45,274.

Meanwhile, it seems while unaccompanied children and the agencies that deal with them have full amnesty. So, Trump is declaring a national emergency. What does that mean?

Making this declaration out of a ‘fake emergency’ as the democrats like to label it does give the democrats the precedent to do the same with regard to climate change and or gun violence.

In December of 2017, Trump signed an Executive Order.

 

On December 20, 2017, by Executive Order 13818, the President declared a national emergency with respect to serious human rights abuse and corruption around the world and, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), took related steps to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.

The prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  For this reason, the national emergency declared on December 20, 2017, must continue in effect beyond December 20, 2018.  Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13818 with respect to serious human rights abuse and corruption.

*** When the President declares a national emergency, no powers or authorities made available by statute for use in the event of an emergency shall be exercised unless and until the President specifies the provisions of law under which he proposes that he, or other officers will act. Such specification may be made either in the declaration of a national emergency, or by one or more contemporaneous or subsequent Executive orders published in the Federal Register and transmitted to the Congress.

***

SUBCHAPTER IV—ACCOUNTABILITY AND REPORTING REQUIREMENTS OF PRESIDENT

§1641. Accountability and reporting requirements of President

(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency

When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

(b) Presidential orders, rules and regulations; transmittal to Congress

All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.

(c) Expenditures during national emergency; Presidential reports to Congress

When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.

(Pub. L. 94–412, title IV, §401, Sept. 14, 1976, 90 Stat. 1257.)

SUBCHAPTER V—APPLICATION TO POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

§1651. Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies

(a) The provisions of this chapter shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41;

(2) Section 3727(a)–(e)(1) of title 31;

(3) Section 6305 of title 41;

(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.);

(5) Section 2304(a)(1) 1 of title 10; 2


(b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after September 14, 1976.

(Pub. L. 94–412, title V, §502, Sept. 14, 1976, 90 Stat. 1258; Pub. L. 95–223, title I, §101(d), Dec. 28, 1977, 91 Stat. 1625; Pub. L. 96–513, title V, §507(b), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 105–362, title IX, §901(r)(2), Nov. 10, 1998, 112 Stat. 3291; Pub. L. 107–314, div. A, title X, §1062(o)(1), Dec. 2, 2002, 116 Stat. 2652.)

*** Given the text of this Executive Order as case can be made that it applies to the crisis at the Southern border. The president does have the power and authority to amend that order or to annex it to be more exact to include the matter specifically at the border and other areas including visa overstays, a port of entry emergency due to fentanyl and other opioids, where 70,000 people a year die from overdoses.

Frankly, Trump should order an increase in funding to DEA to aid Border Patrol and ICE and install narco-training and drug use education in all public schools and universities.

El Chapo on his Way to Florence, Colorado Forever

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Murder On The Road To ADX Supermax | Prison Writers
The prison holds an estimated 400 inmates, the worst of the worst, including convicted al Qaeda operatives, Terry Nichols, Robert Hanssen, Dzhokar Tsarnaev and Vincent Basciano.

El Chapo, I Need a Doctor, I'm Going Nuts in Jail ...

Joaquin “El Chapo’ Guzman, Sinaloa Cartel Leader, Convicted Of Running A Continuing Criminal Enterprise and Other Drug-Related Charges

Joaquin Archivaldo Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was convicted today by a federal jury in Brooklyn, New York of being a principal operator of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  Guzman Loera was convicted of all 10 counts of a superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.  The verdict followed a 12-week trial before U.S. District Judge Brian M. Cogan.  Guzman Loera faces a mandatory sentence of life imprisonment at his sentencing scheduled on June 25.

Acting Attorney General Matthew G. Whitaker, U.S. Department of Homeland Security Secretary Kirstjen Nielsen, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Acting Administrator Uttam Dhillon of the U.S. Drug Enforcement Administration (DEA), FBI Director Christopher Wray, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and Acting U.S. Marshal Bryan T. Mullee of the Eastern District of New York, announced the verdict.

The Evidence at Trial:

As proven at trial, Guzman Loera was a principal leader of the Sinaloa Cartel, a Mexico-based international drug trafficking organization responsible for importing and distributing vast quantities of cocaine, marijuana, methamphetamine and heroin into the United States.  The evidence at trial, including testimony from 14 cooperating witnesses; narcotics seizures totaling over 130,000 kilograms of cocaine and heroin; weapons, including AK-47s and a rocket-propelled grenade launcher; ledgers; text messages; videos; photographs and intercepted recordings, detailed the drug trafficking activity of Guzman Loera and his co-conspirators over a 25-year period from January 1989 until December 2014.  Guzman Loera was repeatedly referred to by witnesses as one of the leaders of the Sinaloa Cartel.

Guzman Loera oversaw the smuggling of narcotics to wholesale distributors in Arizona, Atlanta, Chicago, Los Angeles, Miami, New York, and elsewhere.  The billions of illicit dollars generated from drug sales in the United States were then clandestinely transported back to Mexico.  Guzman Loera also used “sicarios,” or hit men, who carried out hundreds of acts of violence in Mexico to enforce Sinaloa’s control of territories and to eliminate those who posed a threat to the Sinaloa Cartel.

Drug Trafficking

In the course of the decades-long drug trafficking conspiracy, the Sinaloa Cartel transported tens of thousands of kilograms of narcotics from Central and South America for distribution in the United States.  Guzman Loera used various methods to transport the cartel’s narcotics into the United States, including submarines, carbon fiber airplanes, trains with secret compartments and transnational underground tunnels.  Multiple witnesses testified about seizures by law enforcement officers of massive amounts of cocaine, heroin and marijuana linked to the Sinaloa Cartel.  One of the largest seizures of drugs bound for the United States involved over seven tons of cocaine concealed in jalapeño cans.

The jury also heard recordings of Guzman Loera’s own damning words discussing his drug trafficking, corruption and violence.  The calls included Guzman Loera discussing sending “ice,” meaning methamphetamine, to Los Angeles, California; Minneapolis, Minnesota; Ohio and Tucson, Arizona.

Communications Network

Guzman Loera also utilized a sophisticated encrypted communications network to operate the global narcotics trafficking operation.  As an information technology engineer testified at trial, Guzman Loera paid him one million dollars to purchase and set up a network to enable the defendant to communicate via the internet with his drug trafficking associates in Colombia, Ecuador, Canada and the United States without fear of being intercepted by law enforcement or his rivals.  The witness devised a secret and secure system, consisting of encrypted cell phones and encrypted apps.

Cartel Violence

The success of the Sinaloa Cartel relied upon the use of violence to maintain their power throughout the region and beyond.  Numerous co-conspirators testified that Guzman Loera directed his hitmen to kidnap, interrogate, torture and shoot members of rival drug organizations, at times carrying out acts of violence himself.  A former hitman testified that Guzman Loera beat two men with a tree branch until their bodies “were completely like rag dolls,” before shooting the men and ordering their bodies be tossed into a bonfire.  The former hitman also testified that Guzman Loera interrogated a rival drug cartel member, shot him and ordered that he be buried alive.  In an intercepted call, the jury heard Guzman Loera order one of his sicarios to kidnap rival cartel members, but not to kill them without first checking with him.

Weapons

The Sinaloa Cartel had unfettered access to weapons.  A law enforcement witness showed the jury over 40 AK-47s that were seized in El Paso, Texas before they could be delivered to Guzman Loera in Mexico.  Additionally, witnesses identifed photographs of various weapons, including grenades and a rocket-propelled grenade launcher utilized by the Sinaloa Cartel.  Guzman Loera’s personal arsenal included a gold plated AK-47 and three diamond-encrusted .38 caliber handguns, one emblazoned with his initials, “JGL.”

Corruption

The evidence presented at trial demonstrated that to further the interests of the Sinaloa Cartel, Guzman Loera and his organization took advantage of a vast network of corrupt government officials.  These officials ranged from local law enforcement officers, prison guards, state officials, high ranking members of the armed forces, as well as politicians.  These corrupt officials assisted Guzman Loera and his organization in exchange for millions of dollars’ worth of bribery payments.  For example, according to the testimony of several witnesses, in many instances, Guzman Loera and his workers were warned of pending law enforcement operations which allowed Guzman Loera to avoid capture on multiple occasions.  In other instances, Guzman Loera, through his employees, paid officials to turn a blind eye to trafficking activities in an effort to facilitate the shipment of drugs, weapons, and bulk cash.

Money Laundering

Guzman Loera’s lucrative drug trafficking business generated billions of dollars in illicit proceeds.  Guzman Loera used various methods to launder money including bulk cash smuggling from the United States to Mexico.  One of the largest seizures was of $1.26 million seized from hidden compartments in a truck driven by Guzman Loera’s brother in Douglas, Arizona in 1989.  In addition to the bulk cash smuggling, Guzman Loera oversaw numerous shell companies, including a juice company and a fish flour company to launder the cartel’s narcotics trafficking proceeds.

“I am pleased that the Department has brought Joaquin Guzman Loera (El Chapo) to justice by securing a conviction against this drug kingpin, who was a principal leader of the Sinaloa Cartel,” said Acting Attorney General Whitaker.  “As was clear to the jury, Guzman Loera’s massive, multi-billion dollar criminal enterprise was responsible for flooding the streets of the United States with hundreds of tons of cocaine, as well as enormous quantities of other dangerous drugs such as heroin and methamphetamine.  The trial evidence also overwhelmingly showed that Guzman’s unceasing efforts to expand his cartel’s control and consolidate its power left a wake of corruption and violence in communities in both Mexico and the United States.  This case demonstrated the extraordinary reach of the U.S. government, our tenacity and commitment to pursuing kingpins like Guzman whom if their power is unchecked — will, like Guzman, develop what for 25 years was an almost unstoppable capacity to move massive quantities of drugs into our country.  Guzman had the capital to absorb huge losses and run his enterprise with impunity; the enormous power to corrupt; and the capability to employ violence on a massive scale.  This case, and more importantly, this conviction serves as an irrefutable message to the kingpins that remain in Mexico, and those that aspire to be the next Chapo Guzman, that eventually you will be apprehended and prosecuted.  Finally, this verdict demonstrates that the United States, working in close partnership with the Mexican government, will continue to bring all possible resources to bear in its fight against international drug traffickers and their violent organizations.”

“The guilty verdict against Joaquin Guzman Loera, one of the most violent and feared drug kingpins of our time, is a testament to the hard work and courage of America’s frontline law enforcement personnel, including ICE’s Homeland Security Investigations,” said DHS Secretary Nielsen.  “They gathered substantial evidence over multiple investigations, which made his extradition to the United States and a successful prosecution possible.  Today’s verdict sends an unmistakable message to transnational criminals: you cannot hide, you are not beyond our reach, and we will find you and bring you to face justice.  Like Guzman, you will suffer the consequences of your criminal behavior.  I applaud the brave men and women at DHS who helped make this conviction possible and thank our interagency and international partners for their exceptional work.”

“Guzman Loera’s bloody reign atop the Sinaloa Cartel has come to an end, and the myth that he could not be brought to justice has been laid to rest,” said U.S. Attorney Donoghue.  “Today, Guzman Loera has been held accountable for the tons of illegal narcotics he trafficked for more than two decades, the murders he ordered and committed, and the billions of dollars he reaped while causing incalculable pain and suffering to those devastated by his drugs.  Today’s verdict is the culmination of the tireless work of countless brave members of law enforcement, here and abroad, and we congratulate them.  The Department of Justice is committed to eradicating criminal organizations that fuel America’s drug epidemic, and our mission will continue until it is completed.”

“The conviction of former Sinaloa Cartel leader Joaquin Guzman Loera strips the power from a man who employed horrific acts of violence to infect communities, throughout the United States and abroad, with the venom of illicit drugs,” said U.S. Attorney Fajardo Orshan.  “Today’s verdict is a reminder to all, that our international borders do not protect narco-traffickers and the cartels’ criminal enterprises from federal prosecution.  U.S. Attorney’s Offices across the nation stand united with our domestic and foreign law enforcement partners, as we continue our fight against transnational criminal organizations.”

“The reign of Joaquin Guzman Loera’s crime and violence has come to an end,” said FBI Director Wray.  “As leader of the Sinaloa Cartel, Guzman Loera carried out and directed acts of brazen violence as he oversaw the import and distribution of vast amounts of illegal drugs throughout the United States.  But today, through the steadfast determination and collective efforts of the FBI and our law enforcement partners both domestic and abroad, and due to our continuing partnership with the Government of Mexico, justice has been served.”

“Today’s conviction of Joaquin “El Chapo” Guzman demonstrates the dedication and determination of the men and women of DEA to bring the world’s most dangerous and prolific drug trafficker to justice,” said DEA Acting Administrator Dhillon.  “Those who bring drugs and violence into the United States that destroy lives and communities will not be tolerated, nor evade our reach. The success of this case is a testament to the strength of our relationship with our Mexican counterparts. DEA will continue to pursue justice worldwide and protect Americans.”

“HSI is committed to using our unique border authority to target and dismantle transnational criminal organizations responsible for trafficking narcotics and bringing violence into the United States,” said HSI Executive Associate Director Benner.  “Through collaboration with local, federal and international law enforcement partners, HSI special agents were able to bring an end to Joaquin Guzman Loera’s criminal activities, and help ensure he was brought to justice.”

“The conviction of Joaquin “El Chapo” Guzman demonstrates what is possible when law enforcement works collectively and coordinates their efforts,” said Acting U.S. Marshal Mullee.  “The U.S. Marshals Service ensured the integrity of the judicial process in this case.  From providing safe and secure detention and transportation of the world’s most notorious drug kingpin to ensuring the anonymity of the jury, protecting the judge, attorneys, witnesses and the public, the Marshals Service proudly played its important role in the process.  I would like to express my gratitude to all of our law enforcement partners who worked tirelessly in support of our mission.  They are the talented men and women of the New York City Police Department, Federal Protective Service, 24th Civil Support Team of the New York National Guard, and the Federal Bureau of Prisons.  The U.S. Marshals take our responsibility of protecting the federal judicial process very seriously.  We must anticipate and deter threats, while continuously developing and employing innovative protective tactics.  We carry out these responsibilities with precision every day across the country.  The successful prosecution of Joaquin “El Chapo” Guzman stands as a shining example of our mission.”

When sentenced by Judge Cogan, Guzman Loera faces a mandatory life sentence without the possibility of parole for leading a continuing criminal enterprise, and a sentence of up to life imprisonment on the seven remaining drug counts.  After the verdict, the government will seek a forfeiture money judgment for billions of dollars constituting the cartel’s illegal drug-trafficking proceeds.

The government’s case is being prosecuted by U.S. Department of Justice Trial Attorneys Amanda Liskamm, Anthony Nardozzi, Michael Lang and Brett Reynolds of the Criminal Division’s Narcotic and Dangerous Drug Section, Assistant U.S. Attorneys Gina Parlovecchio, Andrea Goldbarg, Michael Robotti, Patricia Notopoulos and Hiral Mehta of the Eastern District of New York and Assistant U.S. Attorneys Adam Fels and Lynn Kirkpatrick of the Southern District of Florida.

The case was investigated by the DEA, HSI and the FBI, in cooperation with Mexican, Ecuadorian, Netherlands, Dominican, and Colombian law enforcement authorities. Substantial assistance was provided by the U.S. Attorneys’ Offices in the Northern District of Illinois, the Western District of Texas, the Southern District of New York, the Southern District of California and the District of New Hampshire.  The Department of Justice’s Office of International Affairs also played an integral role in securing the extradition of Guzman Loera to the United States, in cooperation with authorities of the Mexican government, without which his extradition and prosecution would not have been possible.  The investigative efforts in this case were coordinated with the Department of Justice’s Special Operations Division, comprising of agents, analysts and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section; DEA New York, DEA Miami, FBI Washington Field Office, FBI New York Field Office, FBI Miami Field Office; HSI New York, HSI Nogales; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service; IRS Criminal Investigation; U.S. Bureau of Prisons, NYPD and New York State Police.

This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

Dog Alerted to the Largest Fentanyl Bust Ever

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NOGALES, Ariz. — U.S. Customs and Border Protection officials intercepted nearly 254 pounds of fentanyl at the U.S.-Mexico border Saturday in what the agency called its largest fentanyl bust ever.

Border officials report biggest fentanyl bust

Valued at approximately $3.5 million, the fentanyl was found in a secret compartment inside a load of Mexican produce heading into Arizona. The agency’s police dog team alerted officers to the presence of drugs after a secondary inspection indicated “some anomalies” in the load, Nogales CBP Port Director Michael Humphries said.

Most of the fentanyl was in powder form, though the load did contain about 2 pounds of pills. Agents also seized nearly 395 pounds of methamphetamine with a street value of $1.18 million, Humphries said.

“It is said that a quarter-milligram, or the size of a few grains of salt, of fentanyl, which is a dangerous opioid, can kill a person very quickly,” Humphries said. The seizure, he said, had prevented an immeasurable number of doses of the drug “that could have harmed so many families.” Press release here.

***
The driver was enrolled in the FAST program, a trusted travel program for truck drivers. This program also applies to drivers from Canada. The drivers must have a clean record with regard to immigration, law enforcement and customs.Perhaps using Presidential authority, Trump should suspend this program until such time Nancy and Chuck negotiate in good faith as she pledged when government reopened.
The truck itself was carrying cucumbers and the vehicle had a false floor under which during a secondary inspection, the dog alerted. The truck went through a massive x-ray machine. The fentanyl coming from Mexico however while lethal is not as lethal as that coming from China.
Just a few grains of fentanyl can put a person into a coma. Fentanyl should be declared a chemical agent of mass destruction. Question is why has this not been done? The other question is who was this driver working for and who owned the truck? There are more details that need to be released.
Meanwhile you have to ask if the Democrats are reading CBP press releases like this one:

Arrests Made of Chinese Birthing Hotels in California

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By the way, it is not just the Chinese in California, we also have a scandal of the same description in Miami of pregnant Russian women giving birth for US citizenship in Miami.

Any response from Senator Harris or Feinstein? How about Pelosi? Any? Nah….

'Maternity Hotel' In California Suspected Of Housing ...

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Feds Raid California 'Maternity Hotels' for Birth Tourists ...

Primer:

An Irvine-based immigration attorney has been sentenced to 21 months in federal prison for obstructing justice in relation to a scheme in which he agreed to help a Chinese national flee from the United States after the woman had been designated as a “material witness” in a criminal investigation into “birthing houses” operating in Southern California.

Ken Zhiyi Liang, 39, of Irvine, was sentenced Monday afternoon by U.S. District Judge Andrew J. Guildford. Liang was found guilty in September of conspiring to obstruct justice, obstructing justice, and tampering with a witness, who is referred to in court papers as “D.L.”

Liang “was caught on hours of video and audio recordings selling and marketing his abilities to D.L. to help smuggle her out of the United States in violation of court orders, in exchange for a $6,000 fee to himself and a $1,500 to $3,000 fee for three co-conspirators who would assist him,” prosecutors wrote in a sentencing brief filed with the court.

SANTA ANA, Calif. – Following the arrests this morning of three defendants who allegedly operated “birth tourism” outfits that catered to Chinese clients, federal authorities today unsealed indictments that charge a total of 19 people linked to three schemes that operated across Southern California and charged clients tens of thousands of dollars to help them give birth in the United States.

The indictments charge operators and clients of three “maternity house” or “birthing house” schemes that were dismantled in March 2015 when federal agents executed 35 search warrants, which resulted from international undercover operations.

The 17 cases unsealed today contain the first-ever federal criminal charges brought against operators and customers of birth tourism businesses. The birth tourism operations not only committed widespread immigration fraud and engaged in international money laundering, they also defrauded property owners when leasing the apartments and houses used in their birth tourism schemes, according to the indictments.

These cases were investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Los Angeles. Substantial assistance was provided by IRS Criminal Investigation, as well as the Irvine Police Department and the San Bernardino County Sheriff’s Department.

The indictments describe birth tourism schemes in which foreign nationals, mostly from China, applied for visitor visas to come to the United States and lied about the length of their trips, where they would stay, and the purposes of their trips – which were to come to the U.S. for three months to give birth so their children would receive U.S. birthright citizenship.

“America’s way of life is not for sale,” said Joseph Macias, Special Agent in Charge of HSI Los Angeles. “HSI will aggressively target those who would make a mockery of our laws and our values to benefit and enrich themselves. No one needs to be reminded about the national security and public safety implications of visa fraud and the crimes associated with it. Anyone who would exploit our nation’s generosity and our legal immigration system should be on notice – they may end up being the ones to pay a very steep price.”

According to the indictments that charge the operators of the schemes, they coached their Chinese customers how to pass the U.S. Consulate interview in China by falsely stating that they were going to stay in the U.S. for only two weeks. Their clients were also coached to trick U.S. Customs and Border Protection (CBP) at ports of entry by wearing loose clothing that would conceal their pregnancies. The indictments also allege that the customers were directed to fly to Hawaii from China – instead of directly to Los Angeles – because it was easier to get by CBP in Hawaii. The indictments allege that many of the Chinese birth tourism customers failed to pay all of the medical costs associated with their hospital births, and the debts were referred to collection.

“These cases allege a wide array of criminal schemes that sought to defeat our immigration laws – laws that welcome foreign visitors so long as they are truthful about their intentions when entering the country,” said Nick Hanna, U.S. Attorney for the Central District California. “Statements by the operators of these birthing houses show contempt for the United States, while they were luring clients with the power and prestige of U.S. citizenship for their children. Some of the wealthy clients of these businesses also showed blatant contempt for the U.S. by ignoring court orders directing them to stay in the country to assist with the investigation and by skipping out on their unpaid hospital bills.”

Three indictments returned Wednesday by a federal grand jury charge the operators of large birth tourism operations based in Orange, Los Angeles and San Bernardino counties. Pursuant to this week’s indictments, federal authorities this morning arrested three defendants: Dongyuan Li (李冬媛), 41, of Irvine; Michael Wei Yueh Liu (刘维岳), 53, of Rancho Cucamonga; and Jing Dong (董晶), 42, of Fontana. All three are charged with conspiracy to commit immigration fraud, international money laundering and identity theft. Liu is also charged with filing three false tax returns.

According to the indictments charging the operators, all three businesses touted the benefits of giving birth in the U.S., rather than in China, with claims of the U.S. having “the most attractive nationality”; “better air” and less pollution; “priority for jobs in U.S. government”; superior educational resources, including “free education from junior high school to public high school”; a more stable political situation; and the potential to “receive your senior supplement benefits when you are living overseas.”

The indictment naming Li alleges that she operated an Orange County-based business named You Win USA that advertised its “100-person team” in China and the U.S. had served more than 500 Chinese birth tourism customers. Li allegedly used 20 apartments in Irvine, charged each customer $40,000 to $80,000, and received $3 million in international wire transfers from China in just two years. The indictment details communications in which Li referred to U.S. immigration authorities as “the foreigners” and also discussed whether to refund a down payment because, once the customer found out “the baby is a girl, her husband arranged abortion for her.”

“Receiving a tourist visa from the United States Government is a privilege, not a right,” stated IRS Criminal Investigation Acting Special Agent in Charge Bryant Jackson.  “The indictments announced today confirm IRS Criminal Investigation’s commitment to following the money – from China to the United States – to help identify the promoters of this alleged illegal international birth tourism scheme. Using cash, fabricated financial documents, and nominee names for the transfer of money from China to the U.S., the promoters attempted to further their lucrative birth tourism enterprise.”

(The investigation into Li’s operation led to another investigation, which resulted in criminal charges against the 20th person to be charged in this matter. Attorney Ken Zhuyin Liang was sentenced to 21 months in federal prison for helping material witnesses flee to China in violation of court orders.)

Another indictment filed this week charges Wen Rui Deng (邓文瑞), 65, a former Irvine resident who is believed to now be in China, with operating Star Baby Care, a Los Angeles County-based operation that is believed to have been the largest birth tourism scheme in the U.S. On its websites, Star Baby Care boasted that it was founded in 1999 as the “number one designated maternity service to the pregnant mother from China, Hong Kong, and Taiwan,” and had “provided services to 8,000 pregnant women (4,000 from China) since we established.” The indictment alleges that Deng’s scheme used 30 apartments in Rowland Heights and 10 properties in Irvine, including some houses. Deng’s scheme served many customers alleged to be Chinese officials, including some associated with Chinese Central Television, China Telecom, Bank of China, and two local taxation bureaus.

In the third indictment filed this week, Liu and Dong are accused of operating USA Happy Baby Inc., a San Bernardino County-based company that charged “VIP” customers as much as $100,000. Using apartments in Rancho Cucamonga and Irvine, USA Happy Baby allegedly also served Chinese officials, including people associated with the Henan People’s Radio Station in Zhengzhou, the Public Security Bureau in the Beijing Municipal Government, and the Harbin Medical University in Heilongjiang Province. Liu and USA Happy Baby are also charged with filing false tax returns that failed to report more than $1.9 million received over three years. The indictment also alleges that Liu and Dong used 14 different bank accounts to receive more than $3.4 million in international wire transfers from China during 2013 and 2014 alone.

There are 16 fugitive defendants whose indictments were unsealed today include. They are:

  • Qiang Yan (闫强), 42, who is Dongyuan Li’s husband, was indicted in December 2018 on three counts of visa fraud for filing an application for an “O” visa premised upon being an “alien of extraordinary ability,” which falsely claimed that he had co-authored two books and attached fake copies of those books. The indictment naming his wife notes that when Yan was interviewed during a search of Li’s multi-million-dollar residence in Irvine, he told the federal agents that his birth tourism business investment was “chump change,” because he had more than $10 million in his bank accounts in China.
  • Xiao Yan Liu (刘小燕), 39, who was indicted in November 2018 for two counts of visa fraud and one count of lying to federal law enforcement. According to her visa application, she was the “Chief Physician” at the Henan Shangqiu Power Supply Company Staff Hospital.
  • Jun Xiao (肖俊), 30, and LongJing Yi (易珑静), 30, who were indicted in February 2018 on charges of conspiracy, visa fraud, obstruction of justice, and criminal contempt. According to their indictment, Xiao and Yi made false statements on their visa applications, namely that they would be staying in the United States for only 15 days. According to court documents in their case, Xiao and Yi paid only $4,600 of the $32,291 in hospital charges related to the birth of their baby. The indictments detail communications from Xiao after he had fled to China, where he continued to denigrate the Court’s Order requiring him to stay in the U.S.: “Anyway, I’m already home. U.S. can’t do anything to me.”
  • Dongjiang He (贺东江), 46, was indicted in February 2018 for fleeing with his wife to China, in violation of a federal court order. On his visa application, He listed his occupation as “Government” and his position as “Project Manager and Secretary General” for the China Nonferrous Metals Techno Economic Research Institute, which is located in the Haidian District in Beijing. He’s wife, Zhichan Yu (余芝婵), 40, also was indicted in February 2018 on charges of visa fraud, obstruction of justice, and contempt of court after fleeing to China in violation of a federal court order.
  • Jia Luo (罗佳), 30, was indicted in February 2018 for fleeing to China in violation of a federal court order. According to court documents, Luo lied on her visa application and lied to U.S. Customs officers in Hawaii when asked her if she was planning on having a baby in the United States.
  • Renlong Chen (陈人龙), 34, and his wife Wei Wang (王伟), 33, were indicted in February 2018 for fleeing to China, in violation of federal court orders. Chen and Wang are accused of making false statements on their visa applications by stating they would be visiting the United States for only eight days, when they actually made arrangements to stay at a maternity house in Rancho Cucamonga for three months so that Wang could give birth in the United States.
  • Jie He (何洁), 29, was indicted in February 2018 for fleeing to China in violation of federal court order. He allegedly made false statements on her visa application, including that she planned to stay in the United States for only 20 days, when she actually entered into a contract to pay approximately $50,000 to obtain a visa and stay in the United States for several months to give birth. According to court documents, Jie He told HSI special agents that she flew into Las Vegas, rather than Los Angeles, because the Chinese maternity operator had advised her that it was easier to enter through Las Vegas.
  • Eryun Zhang (张尔芸), 25; her husband, Liang Ni (倪梁), 25; and her mother, Ji Xu (徐激), 50, were indicted in February 2018 for fleeing to China in violation of federal court orders. According to court documents, Ni admitted that, during an interview conducted at the U.S. Consulate in China, he falsely stated that the purpose of their trip was for their honeymoon, rather than the true reason for Zhang to give birth in the United States.
  • Chao Chen (陈超), 34, a partner in the You Win USA scheme, was indicted in December 2018 with one count of contempt of court for fleeing the U.S. while he was pending sentencing. Chen previously pleaded guilty to visa fraud, marriage fraud and tax fraud.
  • Ji Zhu (朱洁), 31, who was indicted in March 2018 for one count of marriage fraud, for allegedly marrying a U.S. citizen to obtain U.S. citizenship, even though she really was married to Chao Chen. Zhu fled to China with Chao Chen, where they remain fugitives from justice.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

The three defendants arrested this morning are expected to be arraigned on the indictments this afternoon in U.S. District Court in Santa Ana.

HSI’s investigation into Dongyuan Li’s You Win USA scheme has resulted in seizure and/or forfeiture proceedings against three real properties with millions of dollars in equity, including her $2.1 million residence in Irvine; six vehicles, including four Mercedes Benz vehicles; more than $1 million from bank accounts; and many gold bars and coins.

 

US intelligence warns of ‘ever more diverse’ threats

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Traditional adversaries will continue attempts to gain and assert influence, taking advantage
of changing conditions in the international environment—including the weakening of the
post-WWII international order and dominance of Western democratic ideals, increasingly isolationist
tendencies in the West, and shifts in the global economy. These adversaries pose challenges within
traditional, non-traditional, hybrid, and asymmetric military, economic, and political spheres. Russian
efforts to increase its influence and authority are likely to continue and may conflict with U.S. goals
and priorities in multiple regions. Chinese military modernization and continued pursuit of economic
and territorial predominance in the Pacific region and beyond remain a concern, though opportunities exist to work with Beijing on issues of mutual concern, such as North Korean aggression and continued
pursuit of nuclear and ballistic missile technology.
Despite its 2015 commitment to a peaceful nuclear program, Iran’s pursuit of more advanced missile
and military capabilities and continued support for terrorist groups, militants, and other U.S. opponents will continue to threaten U.S. interests. Multiple adversaries continue to pursue capabilities to inflict potentially catastrophic damage to U.S. interests through the acquisition and use of weapons of mass destruction (WMD), which includes biological, chemical, and nuclear weapons.
In addition to these familiar threats, our adversaries are increasingly leveraging rapid advances in
technology to pose new and evolving threats —particularly in the realm of space, cyberspace,
computing, and other emerging, disruptive technologies. Technological advances will enable
a wider range of actors to acquire sophisticated capabilities that were previously available only to
well-resourced states.
No longer a solely U.S. domain, the democratization of space poses significant challenges for the United States and the IC. Adversaries are increasing their presence in this domain with plans to reach or exceed parity in some areas. For example, Russia and China will continue to pursue a full range
of anti-satellite weapons as a means to reduce U.S. military effectiveness and overall security.
Increasing commercialization of space now provides capabilities that were once limited to global powers to anyone that can afford to buy them. Many aspects of modern society—to include our ability to conduct military operations—rely on our access to and equipment in space. Full report here.

Strategy Promotes Integration, Innovation, Partnerships, and Transparency
for the 17 Intelligence Elements

DIRECTOR OF NATIONAL INTELLIGENCE: Joint Statement from ...

Director of National Intelligence Daniel R. Coats unveiled the 2019 National Intelligence Strategy (NIS) today. The NIS is the guiding strategy for the U.S. Intelligence Community (IC) and will drive the strategic direction for the Nation’s 17 IC elements for the next four years.

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The 2019 strategy is the fourth iteration for the NIS and seeks to make our nation more secure by driving the IC to be more integrated, agile, resilient, and innovative.

“This strategy is based on the core principle of seeking the truth and speaking the truth to our policymakers and the American people in order to protect our country,” said Director Coats. “As a Community, we must become more agile, build and leverage partnerships, and apply the most advanced technologies in pursuit of unmatched insights. The 2019 NIS provides a roadmap to achieve this end.”

The NIS is one of the most important documents for the IC, as it aligns IC efforts to the National Security Strategy, sets priorities and objectives, and focuses resources on current and future operational, acquisition, and capability development decisions. Also, the NIS provides the IC with the opportunity to communicate those national priorities to the IC workforce, partners, oversight, customers, and fellow citizens.

The 2019 NIS focuses on:

 

  • Integration – harnessing the full talent and tools of the IC by bringing the right information, to the right people, at the right time.
  • Innovation – making the IC more agile by swiftly enabling the right people and leveraging the right technology and using them efficiently to advance the highest priorities.
  • Partnerships – leveraging strong, unique, and valuable partnerships to support and enable national security outcomes.
  • Transparency – earning and upholding the trust and faith of the IC’s customers and the American people.

The NIS was developed in response to rapid advances made by our adversaries and the ODNI’s recognition that the IC needs to change to more effectively respond to those challenges.

In his 2019 NIS opening message, the DNI states, “We face a significant challenge in the domestic and global environment; we must be ready to meet 21st century challenges and to recognize emerging threats and opportunities. To navigate today’s turbulent and complex strategic environment, we must do things differently.”

To guide the IC in facing these challenges, the NIS identifies and explains the IC’s objectives – both what the Community must accomplish (mission objectives) and what capabilities the Community must build in order to do so (enterprise objectives).

The seven mission objectives are 1) strategic intelligence; 2) anticipatory intelligence; 3) current operations intelligence; 4) cyber threat intelligence; 5) counterterrorism; 6) counterproliferation; and 7) counterintelligence and security.

The seven enterprise objectives are 1) integrated mission management; 2) integrated business management; 3) people; 4) innovation; 5) information sharing and safeguarding; 6) partnerships; and 7) privacy, civil liberties, and transparency.

“These objectives will allow the IC to continue the crucial work of supporting our senior policymakers, warfighters, and democracy while increasing transparency and protecting privacy and civil liberties,” said Director Coats.

The NIS includes the seven Principles of Professional Ethics for the Intelligence Community: 1) mission; 2) truth; 3) lawfulness; 4) integrity; 5) stewardship; 6) excellence; and 7) diversity. The NIS also includes the Principles of Intelligence Transparency for the Intelligence Community.

“Transparency will be our hallmark, and I cannot stress this enough – this is not a limitation on us,” said Director Coats. “Transparency will make us stronger. It is the right thing to do, across the board. This is the reason we publish the NIS at the unclassified level.”

The Office of the Director of National Intelligence oversees the coordination and integration of the 17 federal organizations that make up the Intelligence Community. The DNI sets the priorities for and manages the implementation of the National Intelligence Program, which is the IC’s budget. Additionally, the DNI is the principal advisor to the President and the National Security Council on all intelligence issues related to national security.