DoJ Sessions’ Letter of Subpoena to Sanctuary Cities

Primer: In part from the New York Times/

Over the past year, the local jurisdictions have pushed back hard on the administration’s attempts to force them to abandon their stance by cutting off federal funding to them, with some like Chicago filing lawsuits against the Justice Department.

Mr. Emanuel’s office has called the Justice Department’s actions “misguided.” And district court judges in California and Illinois have filed preliminary nationwide injunctions blocking the department from denying grant money to sanctuary cities.

On Wednesday, 15 attorneys general filed a brief in support of the Chicago lawsuit, saying that the administration’s efforts to pull federal funds from sanctuary jurisdictions infringes on their right to set their own law enforcement policies.

“The Trump administration cannot strip a city or a police department of these critical funds, simply because they don’t like its policies,” Eric T. Schneiderman, the New York attorney general, said in a statement. More here.

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Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, January 24, 2018

Justice Department Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

The Department of Justice today sent the attached letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is unlawfully restricting information sharing by its law enforcement officers with federal immigration authorities.

All 23 of these jurisdictions were previously contacted by the Justice Department, when the Department raised concerns about laws, policies, or practices that may violate 8 U.S.C. 1373, a federal statute that promotes information sharing related to immigration enforcement and with which compliance is a condition of FY2016 and FY2017 Byrne JAG awards.

The letters also state that recipient jurisdictions that fail to respond, fail to respond completely, or fail to respond in a timely manner will be subject to a Department of Justice subpoena.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” said Attorney General Jeff Sessions. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”

Failure to comply with section 1373 could result in the Justice Department seeking the return of FY2016 grants, requiring additional conditions for receipt of any FY2017 Byrne JAG funding, and/or jurisdictions being deemed ineligible to receive FY2017 Byrne JAG funding.

The following jurisdictions received the document request today:

  • Chicago, Illinois;
  • Cook County, Illinois;
  • New York City, New York;
  • State of California;
  • Albany, New York;
  • Berkeley, California;
  • Bernalillo County, New Mexico;
  • Burlington, Vermont;
  • City and County of Denver, Colorado;
  • Fremont, California;
  • Jackson, Mississippi;
  • King County, Washington;
  • Lawrence, Massachusetts;
  • City of Los Angeles, California;
  • Louisville Metro, Kentucky;
  • Monterey County, California;
  • Sacramento County, California;
  • City and County of San Francisco, California;
  • Sonoma County, California;
  • Watsonville, California;
  • West Palm Beach, Florida;
  • State of Illinois; and
  • State of Oregon.
Attachment(s):
Topic(s):
Immigration
Press Release Number:
18-81

Over 500 criminal ‘dreamers’ ordered deported are still in U.S.

WE: In the latest blow to the pure image portrayed by their supporters in Congress, newly released statistics show that over 500 illegals stripped of their “dreamer” status due to crime and gang charges remain on the streets.

A new analysis of United States Citizenship and Immigration Services statistics found that 2,127 individuals had their amnesty status terminated for criminal activity and/or gang activity as of November 22, 2017.

Of those booted from the Obama-era Deferred Action for Childhood Arrival amnesty program, 562 were deported.

But, said the analysis from the Center for Immigration Studies, a near equal amount — 535 — were released by Immigration and Customs Enforcement.

“While it is reassuring that USCIS is revoking DACA benefits for criminal gang members it identifies, it is concerning that almost as many criminal alien DACA beneficiaries have been released as have been removed to their home country,” said the report’s author and CIS Policy Studies Director Jessica M. Vaughan.

Her report reviewed USCIS data provided to Republican Sen. Chuck Grassley.

While a tiny portion of the overall DACA population of nearly 700,000, the report and other portraying the illegals as more prone to crime and low-pay employment challenge that painted by liberals that most are high-achievers.

The fate of DACA is at the center of the current budget crisis. Democrats want a deal to preserve their amnesty as part of a budget deal, while Republicans want them included in a larger immigration bill that would grant a path to citizenship in exchange for President Trump’s key demands, including funding to build a southern border wall.

Her numbers:

  • Removed from the United States: 562
  • In ICE Custody: 90
  • Released from ICE Custody: 535
  • No Record of Removal, Detention or Release by ICE: 940
  • Total: 2,127

Trump has put a focus on deporting gang members and Vaughan highlighted what USCIS had to say about those criminal organizations. She wrote:

USCIS also provided a list of more than 45 gang affiliations of the ex-DACA criminals. It includes some of the most violent and dangerous gangs in the United States, such as MS-13, 18th Street, the Latin Kings, and the Trinitarios. It includes some lesser-known gangs as well, with names like Last Generation Korean Killers and Maniac Latin Disciples.

USCIS has not released information on where these gang members were living, but the gang names sometimes identify their location: Oakland 30 Nortenos, Orange County, Angelino Heights Surenos, East San Diego, Inland Empire, Pacoima Van Nuys Boys, and West Merced Nortenos, all of which are presumably in California.

*** Dreamers versus DACA

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Development, Relief, and Education for Alien Minors Act or the Dream Act was originally introduced in 2001 by Dick Durbin and Orin Hatch. The proposed bill failed several times. Members of Congress have introduced several forms of this bill in both the House of Representatives and the Senate. Members in the House passed one such bill on December 8, 2010 by a vote of 216–198;[13] Senators debated a version of the DREAM Act on September 21, 2010. A previous version of the bill, S. 2205, which required 60 votes to gain cloture, failed on a 52–44 vote in 2007, eight votes short of overcoming a filibuster by senators opposed to the bill.

In 2011, California passed their own version of the Dream Act. Continued edits and iterations of the Dream Act have been introduced in both houses of Congress, yet no version has advanced. So, Barack Obama used his executive authority to declare the Deferred Action on Childhood Arrivals, DACA.

Both issues must be debated in together and they have been for at least 17 years. What is rarely discussed is those under DACA protections do drop off monthly for various reasons. So we are still challenged with what the real numbers include.

Trump has urged Congress to pass legislation by March 2018 that would give legal status to unauthorized immigrants enrolled in DACA, and some members of Congress have said they plan to propose legislation along those lines. (DACA enrollees whose benefits expire after March 5, 2018, will be the first to be dropped from the program.)

Although roughly 800,000 unauthorized immigrants have ever received benefits through DACA, about 110,000 of this group are no longer enrolled in the program. About 70,000 former DACA participants did not renew their benefits or had their renewal applications denied. Another 40,000 have adjusted their legal status and obtained green cards, which grant lawful permanent residence. (Some unauthorized immigrants in the U.S. can obtain legal status by marrying an American citizen or lawful permanent resident, obtaining asylum, or receiving certain types of visas such as those given to victims of a crime, among other ways.)

To qualify for DACA, enrollees must meet certain conditions, such as being enrolled in high school or having a high school diploma or GED equivalent, and not being convicted of a felony, significant misdemeanor, or three or more other misdemeanors. For more key facts and details, go here.

There are some real unanswered questions which include monthly costs to the taxpayer, enforcement of those conditions, reporting of crimes versus those protected under DACA and most of all, how long does ‘deferred’ last?

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The Obama White House stated:

Today, the U.S. Citizenship and Immigration Services will begin accepting requests for consideration of deferred action for childhood arrivals. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, USCIS will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two year period, subject to renewal, and may also receive employment authorization. 

There are key words in that text. They include: accept, requests, consideration, discretionary, defer, case by case, subject to renewal. None of the actions under DACA is rubber-stamped with approval something all the Democrats and many Republicans have overlooked as well as the media.

Maoist Confucius Institute Infecting U.S. College Campuses

A China Post article reported in 2014 that “Certainly, China would have made little headway if it had named these Mao Institutes, or even Deng Xiaoping Institutes. But by borrowing the name Confucius, it created a brand that was instantly recognized as a symbol of Chinese culture, radically different from the image of the Communist Party. Where indoctrination is incubated and spies are made, courtesy of China and idiot university presidents.

Modern day Mao era propaganda and education explained.

Thank you Ethan Epstein:

Last year, the University of North Carolina at Charlotte made an announcement to great fanfare: The university would soon open a branch of the Confucius Institute, the Chinese government-funded educational institutions that teach Chinese language, culture and history. The Confucius Institute would “help students be better equipped to succeed in an increasingly globalized world,” says Nancy Gutierrez, UNC Charlotte’s dean of the College of Liberal Arts and Sciences, and “broaden the University’s outreach and support for language instruction and cultural opportunities in the Charlotte community,” according to a press release.

Image result for Confucius Institute photo and more information

But the Confucius Institutes’ goals are a little less wholesome and edifying than they sound—and this is by the Chinese government’s own account. A 2011 speech by a standing member of the Politburo in Beijing laid out the case: “The Confucius Institute is an appealing brand for expanding our culture abroad,” Li Changchun said. “It has made an important contribution toward improving our soft power. The ‘Confucius’ brand has a natural attractiveness. Using the excuse of teaching Chinese language, everything looks reasonable and logical.”

Li, it now seems, was right to exult. More than a decade after they were created, Confucius Institutes have sprouted up at more than 500 college campuses worldwide, with more than 100 of them in the United States—including at The George Washington University, the University of Michigan and the University of Iowa. Overseen by a branch of the Chinese Ministry of Education known colloquially as Hanban, the institutes are part of a broader propaganda initiative that the Chinese government is pumping an estimated $10 billion into annually, and they have only been bolstered by growing interest in China among American college students.

Yet along with their growth have come consistent questions about whether the institutes belong on campuses that profess to promote free inquiry. Confucius Institutes teach a very particular, Beijing-approved version of Chinese culture and history: one that ignores concerns over human rights, for example, and teaches that Taiwan and Tibet indisputably belong to Mainland China. Take it from the aforementioned Li, who also said in 2009 that Confucius Institutes are an “important part of China’s overseas propaganda set-up.” Critics also charge that the centers have led to a climate of self-censorship on campuses that play host to them.

Despite years of these critiques—including a recent outcry at the University of Massachusetts at Boston and the shuttering of Confucius Institutes at two of the nation’s top research universities—they’re still growing in number in the United States, albeit at a slower clip than a few years ago. Several opened on American campuses last year. And vanishingly few schools have rethought the institutes and closed them, suggesting that once they’re implanted, they’re entrenched. At several campuses, they’re actually expanding their footprints with bigger facilities and new courses. I contacted more than a half-dozen Confucius Institutes, and several officials said in interviews that they’re not looking back. (Others declined to comment or simply ignored me, further suggesting a commitment to keeping the Institutes going. The Chinese Embassy in Washington also did not respond to a request to comment by publication time.)

That so many universities have welcomed the Confucius Institute with open arms points to another disturbing trend in American higher education: an alarming willingness to accept money at the expense of principles that universities are ostensibly devoted to upholding. At a time when universities are as willing as ever to shield their charges from controversial viewpoints, some nonetheless welcome foreign, communist propaganda—if the price is right.

“Coordinate the efforts of overseas and domestic propaganda, [and] further create a favorable international environment for us,” Chinese minister of propaganda Liu Yunshan exhorted his compatriots in a 2010 People’s Daily article. “With regard to key issues that influence our sovereignty and safety, we should actively carry out international propaganda battles against issuers such as Tibet, Xinjiang, Taiwan, human rights and Falun Gong. … We should do well in establishing and operating overseas cultural centers and Confucius Institutes.”

Liu’s orders have been heeded. The first Confucius Institute opened in South Korea in 2004. They quickly spread to Japan, Australia, Canada and Europe. The United States, China’s biggest geopolitical rival, has been a particular focus: Fully 40 percent of Confucius Institutes are stateside. In addition to the Institutes at universities, Hanban also operates hundreds of so-called Confucius Classrooms in primary and secondary schools. The public school system of Chicago, for example, has outsourced its Chinese program to Confucius Classrooms.

Beijing treats this project seriously, as evidenced by who runs the show. Hanban (shorthand for the ruling body of the Office of Chinese Language Council International, a branch of the Ministry of Education) is classified technically as a nonprofit agency, but it is dominated by Communist Chinese officialdom. Representatives from 12 top state agencies—including the Ministry of Foreign Affairs and the State Press and Publishing Administration, a propaganda bureau—sit on its executive council. Hanban’s director general is on the Chinese state council, the 35-member board that basically runs the country.

Hanban has been shrewd in compelling universities to host Confucius Institutes. Marshall Sahlins, a retired University of Chicago anthropologist and author of the 2014 pamphlet Confucius Institutes: Academic Malware, reports that each Confucius Institute comes with “$100,000 … in start up costs provided by Hanban, with annual payments of the like over a five-year period, and instruction subsidized as well, including the air fares and salaries of the teachers provided from China. … Hanban also agrees to send textbooks, videos, and other classroom materials for these courses—materials that are often welcome in institutions without an important China studies program of their own.” And each Confucius Institute typically partners with a Chinese university.

They’re kind of like restaurant franchises: Open the kit, and you’re in business. American universities can continue to collect full tuition from their students while essentially outsourcing instruction in Chinese. In other words, it’s free money for the schools. At many (though not all) Confucius-hosting campuses, students can receive course credit for classes completed at the institute.

But the institutes go to some length to obscure their political purpose. There’s the name, for example: Most Americans associate Confucius with wisdom, or cutesy aphorisms. It’s likely the centers would be less successful were they called Mao Institutes. The Institutes also offer a plethora of “fun” classesnot for academic credit, and often open to members of the general public—in subjects like dumpling making and tai chi.

The Chinese teachers are thoroughly vetted by Hanban, according to Sahlins’ report. They “must have a strong sense of mission, glory, and responsibility and be conscientious and meticulous in [their] work,” Hanban says. They’re also explicitly instructed to toe Beijing’s line on controversial political questions. There can be no discussion whatsoever of human rights in China, or the Tiananmen Square massacre. Sahlins found that should a student raise an uncomfortable question about, say, the political status of Tibet, Hanban’s instructors are ordered to refocus the discussion on, say, Tibet’s natural beauty or indigenous cultural practices (which, ironically, Beijing has spent decades stamping out).

Matteo Mecacci of the advocacy group International Campaign for Tibet requested a sampling of the Institute’s course materials from a D.C. area university several years ago. “Instead of scholarly materials published by credible American authors, not to speak of Tibetan writers, what we received were books and DVDs giving the Chinese narrative on Tibet published by China Intercontinental Press,” he wrote in Foreign Policy, “which is described by a Chinese government-run website as operating ‘under the authority of the State Council Information Office … whose main function is to produce propaganda products.’”

One student I spoke to—a junior at the University of Kentucky, which is home to a Confucius Institute—recalls attending a Confucius event at which another student, who was considering studying abroad in China, asked about the air pollution there. The response from the Confucius faculty was that the reports of pollution were “misinformation promoted in the U.S. media.” The student says Confucius faculty also “glorified and glossed over” negative aspects of Chinese culture and politics. Another student, a Kentucky senior who has taken classes at the same Confucius Institute, agrees that the institute “promotes an overly rosy picture of Chinese culture,” though, the student adds, “I don’t think it’s a problem for students to take advantage of [Confucius Institute] resources as long as they view the institute with a critical eye and round out their perspective on China with other experiences and points of view.”

Meanwhile, if Hanban’s instructors are not adequately vetted back home, there can be trouble. Consider the case of Sonia Zhao. Zhao, a Chinese national, was dispatched by Hanban to McMaster University in Hamilton, Ontario, in 2011 to teach Chinese language. She’s also a practitioner of Falun Gong, the Buddhist-tinged spiritual movement that Beijing despises as a threat to its authority. Zhao quit a year into her tenure, arguing that McMaster University was “giving legitimization to discrimination.” That’s because, in order to secure her employment with Hanban, Zhao said she was forced to disguise her fealty to Falun Gong. Her employment contract with Hanban explicitly stated that she was “not allowed to join illegal organizations such as Falun Gong,” she said. This kind of open religious discrimination is illegal in Canada, as it would be in the United States. McMaster University, in light of this disclosure, subsequently shuttered its Confucius Institute in 2013, citing the institute’s “hiring practices.”

Self-censorship has become an issue as well. In 2008, a court in Israel found that Tel Aviv University, home to a Confucius Institute, had illegitimately closed an art exhibition on Falun Gong because of Chinese government pressure. A year later, North Carolina State University, host to a Confucius Institute, scuttled a planned appearance by the Dalai Lama for fear of Chinese backlash: The director of the Institute warned NC State officials that such a visit could hurt “strong relationships we were developing with China.” A few years later, similar events transpired at the University of Sydney in Australia, which drew heat from members of the Parliament of Australia.

***

In recent weeks, I contracted administrators at several universities with Confucius Institutes, primarily ones that had opened recently, and none expressed regret or indeed much concern. The George Washington University, the private university nestled in the heart of the nation’s capital, has hosted a Confucius Institute for several years. The institute’s founding director, Peg Barratt, says her university’s “eyes were open” when GW opened its center in in 2013. “We were aware there was some controversy” surrounding Confucius Institutes when other universities opened theirs, she told me. “Some [other universities] had internal censorship,” she readily acknowledges. Nonetheless, she says the Institutes are innocuous, modeled, she argues, on European cultural institutes like the British Council, Goethe Institute and Alliance Française. Of course, not only are Great Britain, Germany and France not communist regimes, but those institutes are standalone enterprises, not on college campuses.

Western Kentucky University, where the Confucius Institute is expanding—it just moved into a new building—also defends its partnership. Terrill Martin, director of the Institute, told me, “I don’t believe the Confucius Institute program is controversial at all. I just believe that people don’t understand, don’t ask the right questions and make a lot of unfounded assumptions about the program, based on the failures of a few.”

Nancy Gutierrez, at the University of North Carolina at Charlotte, says the institute there will fill an unmet need. “We made the decision to host a [Confucius Institute] because we believe that this partnership will allow us to expand understanding of Chinese culture very broadly—for community members and for our students,” she says. In other words, Hanban can provide resources that UNC presently can’t. Gutierrez also says, “A faculty advisory committee will provide the intellectual guidance … ensuring that we are guided by principles of academic freedom.” And she notes that Confucius Institute courses will not offer academic credit at UNC Charlotte—at least not yet. The same is true at Western Kentucky University.

Eric Einspruch, who chairs Portland State University’s Confucius Institute, also defends it: The Confucius Institute simply offers “noncredit Chinese courses, cultural programs of interest to the community, and faculty-initiated scholarly activity,” he says. But even the Institute’s innocuous-seeming language courses have come in for criticism. They only teach simplified characters, which are used on Mainland China but not in Taiwan, Hong Kong or Singapore, estranging language learners from Chinese texts produced anywhere but the Mainland.

One institution that bucked the trend was the University of Chicago. The school opened a Confucius Institute in 2010, which quickly proved controversial. To Bruce Lincoln, a now-retired religion professor at Chicago who then served on the faculty senate, the Confucius Institute represented the “subcontracting [of the] educational mission” in the United States—a “hostile takeover of U.S. higher education by a foreign power,” as he told me. (Prior to his battle against the Confucius Institute, Lincoln was involved in another fight at the University of Chicago, against the establishment of a Milton Friedman Institute, which would have been largely funded by conservative donors. That too represented a subcontracting of the education mission, he believes—in this case, the “corporatization of universities.”)

When Hanban’s contract came up for renewal in 2014, Lincoln, along with Marshall Sahlins, led a petition drive, which garnered the support of more than 100 other faculty members, demanding that the contract be canceled. (There was very little student involvement, Lincoln says.) That year, the University of Chicago booted the Institute because of academic freedom concerns. Chicago’s move won praise from outlets as ideologically diverse as Forbes and the New York Review of Books. Shockingly few universities have followed Chicago’s lead, though, Penn State being one notable exception; it also closed its institute in 2014, as well.

Many of those universities who maintain Confucius Institutes appear to go to great lengths to shield them from criticism. Last year, Rachelle Peterson released a thorough report about Confucius Institutes for the National Association of Scholars, a right-leaning academic organization where Peterson is a scholar. At the heart of her report were 12 case studies of Confucius Institutes at New York and New Jersey universities. Over the course of her reporting, Peterson says, “There were a lot of unanswered emails, a lot of unanswered phone calls” (an experience shared by this journalist). When she did manage to set up interviews with Confucius Institute staff, they were often canceled at the last minute, like those at the University of Albany and the University of Binghamton. Another time, when she managed to secure an interview with a Confucius Institute staff member, he insisted that the meeting “happen in a basement … not in his office.” He seemed afraid of being caught, she says.

The most disturbing event transpired at Alfred University in upstate New York. There, Peterson, says, she had “called the Confucius Institute, spoken to a teacher … and received permission to sit in on [a class].” As she observed the Chinese-language class, she recalls, the provost of the university charged into the classroom, interrupting the lesson. He ordered her removal from the classroom and told her she had to leave the campus immediately. The provost and a Confucius staffer swiftly escorted her off campus. (Alfred University did not respond to a request for comment asking to confirm or deny Peterson’s account.)

Today, there are signs of a nascent, if isolated, backlash. Just last month, a group of students and alumni from UMass Boston, home of the Bay State’s only Confucius Institute, wrote a letter to the school’s chancellor expressing deep concern that the university is “unwittingly assisting the Chinese government to promote censorship abroad, while undermining human rights and academic freedom.” The UMass group requested a meeting with the chancellor to discuss their concerns, but according to Lhadon Tethong, a pro-Tibet activist who helped spearhead the letter, that request has yet to be answered. (A spokesperson for the university told the Boston Globe that the institute has succeeded in promoting “the mutual understanding of language and culture.”)

The National Association of Scholars suggests universities shutter their Confucius Institutes. But such counsel is hardly limited the ideological right. The American Association of University Professors, America’s leading professorial guild, also recommended in 2014 that “that universities cease their involvement in Confucius Institutes unless the agreement between the university and Hanban is renegotiated,” so that the universities have unilateral control over the curriculum and faculty, Confucius faculty have the same rights of free inquiry as their fellow teachers, and contracts between Hanban and the partner universities are made public. Nonetheless, none of the schools I contacted said that they had any plans to shutter or reform their institutes.

***

Instead, Confucius Institutes continue their forward march. In 2015, they opened at Tufts University, New Jersey City University, Southern Utah University and Northern State University in South Dakota. In 2016, Savannah State University added one. And last year, in addition to UNC-Charlotte, Transylvania University in Kentucky is launching a new branch. Gutierrez of UNC concedes that, when her school announced it would open one earlier last year, many faculty members were concerned and “raised serious questions.” But the structure the school developed—so as not allowing courses to be taken for credit—allayed such fears, she says.

Confucius Classrooms, for younger students, are also ascendant these days: In October, local media reported that three new ones would be planted in Texas public schools, and UMass Boston is helping develop them at schools in Massachusetts, including the prestigious Cambridge Rindge and Latin School, where a Confucius Classroom just launched. At scores of universities, meanwhile, the institutes are expanding both physically and programmatically. New courses and scholarships at existing ones are announced all the time. And they’re growing rapidly overseas, particularly these days in Africa, where China has been aggressively expanding its footprint in recent years.

Lincoln, of the University of Chicago, says the institutes have proved successful, in a sense, because Hanban offers a “cheap way to teach classes that [otherwise] wouldn’t have been taught.” Public universities have suffered punishing funding cuts over the past decade: “A decade since the Great Recession hit, state spending on public colleges and universities remains well below historic levels, despite recent increases,” reads a recent report from the left-leaning Center on Budget and Policy Priorities. According to the Center, adjusting for inflation, public spending on community colleges and universities was about $9 billion below 2008 levels in 2017. It’s unsurprising, then, that many institutes have sprung up at public universities, or that a huge amount of growth occurred from 2010 to 2012, when budgets were particularly hard hit. But those conditions could return: President Donald Trump’s proposed 2018 budget would also severely slash funding for universities, likely pushing more schools to outsource programs.

The Economist, meanwhile, estimates that China is spending $10 billion a year to promote its image abroad through efforts like cultural festivals, foreign media (think of those China Daily inserts that are slipped into the Washington Post) and educational exchanges. Confucius Institutes are a vital part of this mission. It’s not hard to envision how they might work, for example, by one day weakening Americans’ loyalty to Taiwan.

It seems that Beijing probed, and found a weakness: money. It may be intellectually indefensible for universities to host Confucius Institutes, but at a time of reduced funding, it makes eminent sense. How ironic that the ostensibly communist Chinese seem to understand financial imperatives better than we Yankees do.

*** Meanwhile: Cases of individuals spying on the United States of America on behalf of the intelligence services of the People’s Republic of China.

 

 

DoJ Official Explains the Terror and Immigration Report

Politico published an item regarding the White House press briefing on 1/17/2018 where a Justice Department official, Ed O’Callaghan explained several terror cases inside the United States had connective tissue to chain migration as well as illegal immigration in an effort to give rise to the whole debate on Capital Hill as it relates to DACA, funding the border wall and shutting down the Federal government if no deal is reached. The only paragraph that did not have some bias slant to it is:

The report’s release, part of an executive order signed by President Donald Trump last year, comes as the White House is pushing for changes in the U.S. immigration system that would end the diversity visa lottery program — through which a terrorist who killed eight people with a rented truck entered the U.S. — and chain migration, the practice of legal immigrants sponsoring family members’ entry into the country.

So, what is in this report?

 

Executive Order 13780 Section 11 Report – Final by zerohedge on Scribd

Most of the critical national security enhancements implemented and effectuated as a result of Executive Order 13780 are classified in nature, and will remain so to prevent malicious actors from  
exploiting our immigration system.
However, to “be more transparent with the American  people and to implement more effectively policies and practices that serve the national interest,” Section 11 of Executive Order 13780 requires the Secretary of Homeland Security, in consultation with the Attorney General, to collect and make publicly available the following information:
(i) Information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation with or provision of material support to a terrorism-related organization, or any other national-security-related reasons;
(ii) Information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and who have engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States;
(iii) Information regarding the number and types of acts of gender-based violence against women, including so-called “honor killings,” in the United States by foreign nationals; and, (iv) Any other information relevant to public safety and security as determined by the Secretary of Homeland Security or the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
According to a list maintained by DOJ’s National Security Division, at least 549 individuals were convicted of international terrorism-related charges in U.S. federal courts  between September 11, 2001, and December 31, 2016. An analysis conducted by DHS determined that approximately 73 percent (402 of these 549 individuals) were foreign-born. Breaking down the 549 individuals by citizenship status at the time of their respective convictions reveals that:
1. 254 were not U.S. citizens;
2. 148 were foreign-born, naturalized and received U.S. citizenship; and,  
3. 147 were U.S. citizens by birth.
 8 specific cases were listed in the report with a summary of each case. The Boston bombers were not listed in this report. They went from a tourist visa, to asylum status, to green card and one got citizenship. We also have the San Bernardino killers that arrived on a marriage visa and a cultural visa. Both of those have stay limits. The argument here in both cases they are in the spirit of chain migration.
Diplomatic favors? How about that Christmas Day bomber? How was he granted a visa?

The Christmas Day bomber, Umar Farouk Abdulmutallab, had initially had his visa denied in 2004, four years prior to his 2008 application. In 2004, he applied again, and the initial denial was overturned because a supervisory consular officer decided Abdulmuttalab’s father was too prominent in Nigerian politics and finance to upset the U.S. diplomatic applecart in that country and deny his son a visa. Ironically, this was the same father who four years later visited the U.S. embassy in Nigeria and sought to help the U.S. keep his son out of the U.S., only subsequently to have the U.S. decide he was not important enough to listen to.

The legal kicker in this visa story is that on Abdulmuttalab’s 2008 application, he lied and said he had never received a prior denial, enough to deny him a visa under law and keep him out of the country. As the matter was “considered resolved,” State Department did not look again at the 2004 denial when the young Al Qaeda operative sought another visa in 2008. Instead, he was granted the multi-year visa he used to attend an Islamic convention in Houston in 2008 and again for airline check-in on Christmas Eve.

This is incredibly embarrassing to the State Department. Despite State’s spin on this “new” fact, what this makes clear is that: (1) the intelligence community was not primarily to blame after all for failure to revoke the visa, as it should never have been issued in the first place; but (2) raises – once more – a larger issue of the State Department’s policies regarding visa issuance; and (3) whether State should continue to be responsible for the visa process. More here.

The Democrats are in a pre 9/11 mentality. After the 9/11 Commission Report, recommendations and solutions were drafted of which the congressional leaders all approved. In particular, go to page 24 of the summary as it relates to immigration.

Highlights of DHS Report to Judiciary Cmte on Immigration

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Primer:

The Justice Department on Tuesday announced plans to appeal a judge’s ruling that blocked President Donald Trump from shuttering a program that gave protections and work permits to some people who entered the U.S. illegally as children.

In a ruling last week, San Francisco-based U.S. District Court Judge William Alsup ordered the administration to resume accepting renewal applications for the Deferred Action for Childhood Arrivals program, better known as DACA. More here from Politico.

In part, highlights:

The Department has also implemented historic efforts to step up international cooperation. For the first time ever, DHS established a clear baseline for what countries must do to help the United States confidently screen travelers and immigrants from their territory. Every country in the world is now required to meet high security standards and to help us understand who is coming into our country.
As required under President Trump’s Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States (EO 13780), all foreign governments have been notified of the new standards, which include the sharing of terrorist identities, criminal
history information, and other data needed to ensure public safety and national security, as well as the requirement that countries issue secure biometric passports, report lost and stolen travel documents to INTERPOL, and take other essential actions to prevent identity fraud.
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Visa Waiver Program
We are also looking at ways to further strengthen the Visa Waiver Program (VWP). First and foremost, the VWP is a security partnership program. It mandates high and consistent standards from partner countries in the areas of national security, law enfor
cement, and immigration enforcement to detect and prevent terrorists, criminals, and other potentially dangerous individuals from traveling to the United States —
while still facilitating legitimate travel and tourism.
Currently, 38 countries participate in the VWP, which allows their citizens to travel to the United States for business or tourism for stays of up to 90 days after applying and being approved through the Electronic System for Travel Authorization (ESTA). In return, these countries must comply with program requirements to enter into information
-sharing protocols that enable the relay of information concerning known and suspected terrorists and criminals; consistent and timely lost and stolen passport information reporting; and robust border and travel document
screening. As a result of these program requirements, countries have adopted new laws, policies, and practices that strengthen our mutual security.
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,
combined with Secretarial action, have strengthened the VWP’s security provisions over the past two years.
VWP countries are now required to issue high -security electronic passports (e-
passports); implement information sharing arrangements to exchange terrorist identity information; establish mechanisms to validate e-passports at each key port of entry; report all lost and stolen passports to INTERPOL or directly to the United States no later than 24 hours after the country becomes aware of the loss or theft; and screen international travelers against the INTERPOL Stolen and Lost Travel Documents (SLTD) database and notices. As with other operational activities of DHS, a full discussion of the privacy impact of these initiatives and how we mitigate the risk to personal privacy is available on our website.
Since enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, DHS has realized an increase in the sharing of terrorist identity information. Several countries have increased the frequency of their reporting of lost and stolen passports —VWP countries account for over 70 percent of the almost 73 million lost and stolen travel documents reported to INTERPOL. All VWP countries are now issuing and using for travel to the United States fraud-resistant e-passports that meet or exceed the ICAO standards. Over 70,000 ESTA applicationshave been denied, cancelled or revoked under enforcement of the VWP Improvement Act’seligibility restrictions for VWP travel.
Border Security
In compliance with Executive Order 13767: Border Security and Immigration Enforcement
Improvements, DHS has conducted a comprehensive study of the security of the southern border that addresses all of the elements that provide an integrated solution for the Nation. Our first priority is to expand on our existing southern border wall system and close legal loopholes that encourage and enable illegal immigration and create a corresponding backlog in the courts. We currently have an immigration court backlog of more than 650,000 cases pending before the Department of Justice’s Executive Office for Immigration Review. We also have a massive asylum backlog with more than 270,000 pending cases before U.S. Citizenship and Immigration Services (USCIS).
Recognizing the unsustainability of the asylum case backlog, USCIS has implemented efficiency measures designed to reduce adjudication times. Similarly, the Department of Justice has taken action to reduce unwarranted case continuances in immigration courts, which helps reduce the backlog while affording aliens full and fair hearings. To further

reduce the “pull factors” and restore integrity to our immigration benefits adjudication process, we must tighten case processing standards, including the “credible
-fear” standard, impose and enforce penalties for fraud, and ensure applicants are fully vetted before they are allowed access to the United States.
In addition, visa-overstays account for roughly 40 percent of all illegal immigration in the
United States. In FY 2016, more than 628,000 aliens overstayed their visas. By increasing
overstay penalties and expanding ICE’s enforcement tools, we can help ensure that foreign
workers, students, and visitors respect the terms of their temporary visas. We need Congress to authorize the Department to raise and collect fees from immigration benefit applications to fund additional enhancements to our immigration system called for by the President’s Executive Orders.
Enforcing Immigration Laws
We are also prioritizing the enforcement of our immigration laws in the interior of our country.
There are nearly one million aliens with final orders of removal across the country
—meaning these removable aliens were afforded due process of law, had their
day in court, and were ultimately ordered removed by a judge — yet they remain in our nation and ICE only has 6,000 Deportation Officers to arrest and remove them. The Administration looks to strengthen law enforcement by hiring 10,000 more ICE officers and agents, and supports the request from the Department of Justice to hire 300 more federal prosecutors.
To further protect our communities, we must end so-called “sanctuary” jurisdictions. Hundreds of state and local jurisdictions across the country that do not honor requests from ICE to hold criminal aliens who are already in state and local custody. Instead, they allow them back into their communities, where they are allowed to commit more crimes. This also poses a greater risk of harm to ICE officers, who must locate and arrest these criminals in public places, and increases the likelihood that the criminal aliens can resist arrest or flee. Rather than enhancing public safety, sanctuary jurisdictions undermine it.
The only “sanctuary” these jurisdictions create is a safe haven for criminals. States and localities that refuse to cooperate with federal authorities should be ineligible for funding from certain grants and cooperative agreements.
Authorizing and incentivizing states and localities to enforce immigration laws would further help ICE with its mission and make all communities safer.
In FY 2017, 1,761 criminal illegal aliens were released from ICE custody because of a 2001
Supreme Court decision that generally requires ICE to release certain removable aliens with final orders of removal—including violent criminals—
within 180 days, if they have not been removed and there is no significant likelihood of removal in the reasonably foreseeable future. Legally insupportable judicial interpretations of the law regarding the detention and removability of criminal aliens have eroded ICE’s authority to keep aliens in custody pending removal.
Pursuant to this Executive Order, USCIS announced it will take a more targeted approach to combatting fraud and abuse in the employment -based visa programs, including the H-1B program. To help end H-1B petitioner fraud and abuse, USCIS has established a Targeted Site Visit and Verification Program (TSVVP). Targeted site visits allow USCIS to focus its resources where fraud and abuse of certain programs are more likely to occur. TSVVP initially focused on H-1B petitions filed by companies that are H-1B dependent (as defined by statute), employers petitioning for H-1B workers who will be placed off -site at another company’s location, or cases where USCIS cannot validate the H-1B petitioner’s business information through commercially -available data.
USCIS has also taken great strides to improve transparency with the public about employment -based immigration programs. The agency has published new data on its website to give the public more information regarding the use of nonimmigrant workers in the H-1B, H-2B, and L nonimmigrant programs. Information about the use and legal authority for employment authorization documents has also been published.
Most low-skilled immigration into the United States occurs legally through our
immigrant-visa system, which, unlike many other countries’ systems, prioritizes family
-based chain-migration. Each year, the United States grants lawful permanent resident status (greencards) to more than one million people; two-thirds of that total is based on a person having a sponsoring relative in the United States, regardless of the new immigrant’s skills, education, English language proficiency, or ability to successfully assimilate. This system of chain-migration has accounted for more than 60 percent of immigration into the United States over the past 35 years. We must end chain-migration, and limit family -based green cards to spouses and the minor children of U.S. citizens and lawful permanent residents.
We must also eliminate the “diversity visa” lottery. Every year, through this lottery, 50,000
green cards are awarded at random to foreign nationals. Many of these lottery beneficiaries have absolutely no ties to the United States, no special skills, and limited education. The random lottery program has not been adopted by other countries and does not adequately serve our national interest. Full opening summary here.