NoI or CAIR to Lead the DNC? Bring Back HUAC

Posted on November 14, 2016November 14, 2016 by Denise Simon

Congressman Ellison has introduced several pieces of legislation that have never advanced.

Washington (CNN)Rep. Keith Ellison, the first Muslim elected to Congress and one of only two members in the Capitol, said Wednesday that in the wake of anti-Muslim rhetoric after the Paris attacks, Muslims are feeling a need to assert even more how patriotic they are.

The Minnesota Democrat said when he hears other lawmakers suggesting Christian Syrian refugees should be allowed into the country but Muslim Syrian refugees should not, it reminds him that the First Amendment to the Constitution establishes freedom of religion. More here.

Congressman Ellison attends the Masjid An-Nur mosque in Minneapolis and his visit to Mogadishu fulfilled a request from his constituents with ties to Somalia. Minnesota has one of the largest populations of Somali-Americans in the U.S. April of 2015, six Somali-Americans from Minneapolis were arrested for attempting to travel to Syria and link up with the Islamic State, also referred to as ISIS or ISIL. All were young men between the ages of 19 and 21. Zacharia Yusuf Abdurahman, 19, Adnan Farah, 19, Hanad Mustafe Musse, 19, and Guled Ali Omar, 20, were arrested in Minneapolis while Abdirahman Yasin Daud, 21, and Mohamed Abdihamid Farah, 21, were arrested trying to buy fake passports in San Diego. The criminal complaint is here.

Who is Keith Ellison? Left-wing congressman with past ties to Nation of Islam wants DNC job

FNC: In an attempt to stave off a civil war in the ranks, Democratic leaders are scrambling to unite behind a candidate for the party’s chairmanship – and have landed for now on a Louis Farrakhan-linked congressman who once called for Dick Cheney’s impeachment and compared George W. Bush to Hitler.

Rep. Keith Ellison, D-Minn., the first Muslim elected to Congress and a leading progressive among House Democrats, already has picked up the backing of both the Democratic Party’s left – with support from Sens. Bernie Sanders and Elizabeth Warren – and its establishment, receiving endorsements from Senate leaders Chuck Schumer, D-N.Y., and retiring Harry Reid, D-Nev.

Ellison is firmly on the party’s left – he has a fax line in his office, but his website says they will not respond to faxes “for environmental reasons.” He backed Bernie Sanders during the primaries, even introducing him at the convention.

“Bernie sparked the beginning of a revolution y’all,” Ellison said at his address during the Democratic National Convention in Philadelphia. “Together we call for climate justice, racial justice, wage justice.”

Sanders has given strong backing to Ellison in return, sending out a fundraising email saying an Ellison-led Democratic Party that will stand up to Wall Street greed and corporate America is “the Democratic Party we need.”

Ellison is expected to formally announce his bid Monday. On Sunday, Ellison hinted he would run and said the party needs to focus on middle- and working-class Americans and less on donors.

“I love the donors and we thank them, but it has to be that the guys in the barber shop, the lady at the diner, the folks who are worried about whether that plant is going to close, they’ve got to be our focus,” he said on ABC’s “This Week.”

Some strategists feel this economic message is exactly what the party needs to reach out to white working-class voters who pulled the lever for Trump.

“You can’t stand up for middle-class families if you are so closely associated with Wall Street and I think that was the issue with Clinton, her ties to Goldman Sachs, and I think that’s shown by how much money we raised from Wall Street,” Brad Bannon, Democratic strategist and CEO of Bannon Communications Research, told FoxNews.com. “We have to become more oriented to working-class families if we’re going to survive and prosper, because we blew the industrial Midwest.”

However, Ellison’s past associations and comments may trouble more moderate voters.

Ellison’s 2006 run for his seat was plunged into controversy after the conservative PowerLineBlog.com found he had once identified with Farrakhan’s Nation of Islam and in 1998 was referring to himself as Keith X Ellison and Keith Ellison-Muhammed.

The Washington Post reported that Ellison had defended Farrakhan against accusations of anti-Semitism in 1989 and in 1990 had called affirmative action a “sneaky” form of compensation for slavery, calling instead for reparations.

When the controversy erupted in 2006, Ellison acknowledged he had worked with the group, but only for 18 months to help organize Farrakhan’s 1995 Million Man March. He distanced himself from both Farrakhan and the Nation of Islam, and said he hadn’t scruitinized the group’s anti-Semitic positions appropriately.

“They were and are anti-Semitic, and I should have come to that conclusion earlier than I did,” he said.

Yet it isn’t the only controversy for Ellison. In 2007, Ellison made a comparison between Bush and 9/11 to Hitler and the 1933 Reichstag fire.

“9/11 is the juggernaut in American history and it allows… it’s almost like, you know, the Reichstag fire,” Ellison said, according to a Daily Telegraph report at the time. “After the Reichstag was burned, they blamed the Communists for it, and it put the leader of that country [Hitler] in a position where he could basically have authority to do whatever he wanted.”

He later clarified that he did indeed believe that Usama bin Laden was responsible for the terror attacks. But it wasn’t the only controversy for Ellison in 2007, as he also backed a movement to impeach then-Vice President Dick Cheney over his alleged fabrication of intelligence about weapons of mass destruction in Iraq.

However, Bannon believes that Ellison’s Muslim heritage could be a boost not a burden, especially in light of Trump’s elevation Sunday of controversial Breitbart boss Steve Bannon to chief strategist.

“[Steve] Bannon propagates Muslim conspiracy theories,” Brad Bannon, who is not related to the Breitbart head, said. “Ellison is the perfect guy to counter that. Ellison is exactly what we need to prove we aren’t the party of hate and racism.”

Ellison would have competition for the job. Former DNC chairman and ex-presidential candidate Howard Dean has put his name in the running. Former Maryland Gov. Martin O’Malle

y also said he’s considering a run.

Foreign Spies on our College Campuses

Posted on November 7, 2016November 7, 2016 by Denise Simon

International Espionage on Campus

Bishop/CB: The idyllic American university campus conjures the image of a safe and open academic environment where students spend four or more years learning new ideas and preparing for future careers. Professors challenge eager students to open their minds to old and new perspectives in science, mathematics, business, and of course, the arts and humanities. Universities nurture an atmosphere where academics and scientists can engage in groundbreaking research, make advances in technology, and publish on novel theories and discoveries.

For many students, college may be the first time they are living on their own, allowing them to explore not only academic freedom but personal freedom. For parents coping with their children leaving home, some comfort is found in the expectation that while students are on campus the university will be actively taking measures to protect them from physical harm and risks that could affect their future. Parents don’t realize that for some students, college may be the first time students are exposed to the clandestine world of international espionage.

Espionage knows no boundaries. Foreign intelligence officers and spies lurk wherever there is information of value to be had or people with access to it. Information does not have to be a government secret for a foreign intelligence service to want to steal it. Nation states play the Great Game to gain an advantage, whether political or economic, over their adversaries. And there is plenty of information of value on American college campuses to attract the attention of adversary nations. From advanced research in sciences and technology to professors with access to U.S. government officials, American universities are a target-rich environment for intelligence collection, intellectual property theft, and the illicit transfer of research and technology. The welcoming nature of American universities—from unlocked entrances to university facilities, minimal investigation into the backgrounds of students enrolling in classes, and open admission to conferences, seminars, and other campus events—creates the perfect opportunity for undercover foreign intelligence officers or their human sources to slip onto campus and search for students who have potential for entering sensitive positions in the U.S. government or landing jobs with American companies engaged in the development and production of emerging and advanced technologies.

While the threat of espionage may not be apparent to parents and students, American universities have little excuse for not knowing about it. Federal law enforcement agencies like the FBI regularly attempt to advise universities of the potential espionage threats on campus, and the media also has reported extensively on them. The risks are real, knowable, and preventable, and universities that ignore the threats could face potentially devastating consequences to their reputations, relationships, and financial well being. For students who do not fully appreciate the risk and get wrapped up on the wrong side of the clandestine world, the impact on their futures can be tremendous and irreversible. Espionage on campus and the often-related illicit transfer of research and technology from school laboratories also contribute to immediate and long-term decline of U.S. national security interests and the competitive advantage the United States possesses in sciences and technology. The university campus has been part of the Great Game chessboard for years. This is nothing new and not much has changed.

In 1930s Great Britain, five college students with communist sympathies came under the spell of espionage at the University of Cambridge. Donald MacLean, Guy Burgess, Anthony Blunt, John Cairncross, and Kim Philby were in their undergraduate years when the NKVD, the Soviet precursor to the KGB, recruited them to serve the communist cause. At the time, none of the students had access to information of value or persons of interest, but the NKVD believed these men, who came from the right social class, would find their way into positions of influence and access. They all did.

MacLean landed key positions in the UK’s foreign office, the equivalent of the U.S. Department of State. Burgess held positions with the foreign office, the BBC, and MI6. Blunt spent some time in MI5, served as the Surveyor of the King’s Pictures, and used his standing in academic and social circles to spot other potential Soviet spies. Cairncross made the rounds at MI6 and Bletchley Park, the precursor to the UK’s Government Communication Headquarters (GCHQ). Kim Philby was the prize of the five. While starting his espionage as a freelance journalist in the Spanish Civil War, which gave him access to pro-Franco forces—the ideological enemies of the Soviet Union—Philby returned to the UK and entered MI6. There, he steadily rose through the ranks, eventually overseeing MI6’s counterintelligence operations against the Soviet Union. The Cambridge spies, most notably Philby, are still considered to be some of the most damaging spies in UK espionage history. The notoriety of these men is well known in England, and their association with the University of Cambridge as the Cambridge Ring or Cambridge Five will forever be remembered.

American universities have not been immune to the espionage efforts of foreign intelligence services. In 1984, a student-spy working for the Cuban intelligence service and studying at Johns Hopkins University “spotted” Ana Montes as a potential Cuban recruit. After being introduced to Cuban intelligence officers, Montes agreed to spy for Cuba while still a graduate student at Johns Hopkins. She later became an intelligence analyst at the Defense Intelligence Agency (DIA), focusing on Cuban issues. She was arrested in 2001 and sentenced to 20 years in prison.

Other known espionage or technology/research theft cases affecting the American university community include:

In 2002, Qingqiang Yin, a former Cornell University researcher was arrested before boarding a flight to Shanghai from New York. He was carrying numerous bacteria samples and yeast cultures belonging to the university. The FBI investigation revealed Yin was seeking a job with a research facility in China and offered to bring the bacteria and yeast cultures to China for commercial enzyme production. He was sentenced to 12 months’ imprisonment for conspiracy to defraud the U.S. government.

In 2006, Carlos Alvarez, a psychology professor at Florida International University, admitted during a plea hearing that he had been a Cuban spy for nearly 30 years, gathering and transmitting information about Cuban exile groups to Cuban intelligence agents. His wife Elsa, also a professor, admitted knowing of her husband’s conduct. They were sentenced to five and three years’ imprisonment, respectively.

In 2012, the FBI arrested 12 deep-cover Russian SVR intelligence officers who were engaged in espionage against various American targets. One of the SVR officers was Cynthia Murphy, a.k.a. Lydia Guryeva, who while studying for a master’s degree at Columbia University, was tasked by the SVR to develop relationships with classmates and professors who have or will acquire access to secret information and to report on their backgrounds and characteristics, providing assessments on their vulnerability for recruitment as spies. The SVR also directed Guryeva to collect information on students seeking employment with the CIA. After pleading guilty to failing to register as an agent of a foreign government, the United States returned Guryeva (and the other deep-cover officers) to Russia in exchange for prisoners held there.

In 2013, Hua Jun Zhao, a Chinese research assistant at the Medical College of Wisconsin, was arrested and charged with economic espionage after stealing cancer research compounds and shipping them to China, where he allegedly planned to take them to a Chinese university for further development. He pleaded guilty to the lesser charge of illegally downloading research data and was sentenced to time served (four-and-a-half months).



Since 2004, the Chinese government has opened numerous Confucius Institutes at universities across the world, including approximately 64 institutes at American universities. While the stated mission of the institutes is to promote the study of Chinese language and culture abroad, concerns have been raised about the ulterior motives of these institutes. Allegations have also surfaced that the institutes may be Trojan Horses used by the Chinese government to conduct espionage activities. Regardless of the public evidence available on the alleged intelligence function of these institutes, from this former intelligence officer’s perspective, they are the perfect front for penetrating American universities and targeting their students.

Again, these are only examples of the espionage threats facing American universities. These incidents and others have been well documented in the public domain, and American universities dedicated to risk management should know about them, if not for their own protection, then for the benefit of their donors and students and U.S. national security.

Today’s American university receives funding from a variety of sources, including alumni, businesses, philanthropic organizations, and federal and state governments. Research grants from the public and private sectors are a significant source of income for universities, and donors want the university to reap the benefits of their contributions. No donor wants to see years of research and funding illegally diverted to a foreign government or competitor. A university that does not take this risk seriously could begin to see expected research grants and contributions being provided to other schools or facilities, especially when the U.S. government is the funding source.

Universities should also consider the disruption a law enforcement investigation into espionage on campus can have on its day-to-day operations, reputation, and ability to maintain investor (philanthropic) confidence. The media will undoubtedly provide thorough coverage of an espionage investigation, the accuracy of which is not guaranteed.

Investigators will be removing and combing through files and records. Computers may be seized, and electronic files of all kinds will be requested. Interviews of those with knowledge of the incident or perpetrators will be required, and if a public trial takes place, there will be more disruption and publicity. A university wanting to maintain or salvage its reputation after the uncovering of espionage on its campus will find it advantageous if it can truthfully state it has been cooperating with law enforcement on the investigation rather than have a story surface that the university was one of the obstacles law enforcement had to overcome in order to put an end to the espionage. Having the university’s name negatively associated with a foreign espionage investigation is not the kind of publicity a university will find easy to overcome.
For students, the consequences of becoming entangled in espionage could be severe.   Students make easy targets, and their idealism and naiveté can often get in the way of their judgment. Once a student is recruited as a spy, his opportunities for reversing course without consequence are limited. One only needs to look at the choices made by Glenn Duffie Shriver, an American just out of college and living in China, who was slowly manipulated by Chinese intelligence to seek employment with the CIA. Shriver was arrested and sentenced to four years’ imprisonment after pleading guilty to conspiracy to commit unlawful conveyance of national defense information. Shriver was released from prison in 2013, but he will be forever remembered as a Chinese spy. Not a great resume builder.

From a national security perspective, espionage on campus also contributes to the perpetual and long-term decline of the United States’ competitive advantage over its adversaries. The technology and research lost to other countries through espionage and theft robs the American economy of the commercial and economic benefits it would have derived in terms of jobs, profits, and scientific and technological advancement. The stolen knowledge increases the commercial and economic standing of the countries that committed the theft to the detriment of the United States. If the stolen technologies and research have military, defense, or security applications, then the losses also contribute to the threats the United States faces from countries and adversaries who seek to challenge or harm its national security interests.

Universities are a soft target for espionage and offer potentially lucrative rewards for our adversaries’ intelligence targeting efforts. Every loss resulting from espionage or foreign theft at an American university is a gain for the adversaries of the United States. These risks and potential consequences transcend the inerrant concept of the open, academic environment.

Final Report: How Latinos have Reshaped the Electoral Map

Posted on November 1, 2016November 1, 2016 by Denise Simon

Mexican-Americans Are Reshaping the Electoral Map In Arizona — And The U.S.

Graphics by Ella Koeze

Irma Maldonado in her dorm room at Grand Canyon University in Phoenix.

All photographs by Caitlin O’Hara

PHOENIX — In an office suite not far from the airport, Irma Maldonado, 18, expertly role-played what she’d be doing on the city’s streets in half an hour: knocking on the doors of residents and exhorting them to vote. But not everything was a game. Before a group of young canvassers headed out for the day, a team leader at the community organizing group LUCHA mentioned that someone had earlier pulled a gun on two members of the team.

“Everything was OK,” the organizer said, but Maldonado and the 15 or so other teens and 20-somethings were given safety whistles before hitting the streets.

Maldonado has a personal stake in America’s immigration debate, which has been making headlines throughout the election, particularly because of Donald Trump’s description of Mexicans as rapists and his desire to have Mexico pay for a border wall.

“Before going into high school — it was the summer of 2012 — my mother decided to self-deport to Mexico” with her two youngest children, Maldonado said. Maldonado, who was born and grew up in New Mexico, had a hard time adjusting to life in Nayarit, Mexico, a small state on the Pacific coast north of Puerto Vallarta, especially given that she hadn’t known her family’s status. “I think it was right when we had to move when I actually realized that my mom wasn’t actually legal here in the United States, when I was 14 years old,” she said. Her father, who has a green card, continues to work in New Mexico; Maldonado now is a first-year nursing student and lives with her 23-year-old sister in Arizona. Her mother and brother remain in Mexico.

Mexican-Americans such as Maldonado may help determine the political future of Arizona — and the nation — in a landmark election year. In an August survey, respondents were asked if Trump and Clinton made their respective parties more welcoming or more hostile to Latinos. Nine percent of Mexican-Americans said Trump made the GOP more welcoming; 74 percent said he made it more hostile. By contrast, 59 percent said Clinton made the Democratic party more welcoming; 9 percent said more hostile. An October poll by Latino Decisions found that 17 percent of Latino voters nationwide said they support Trump or are leaning toward him; 70 percent supported Clinton.

In Arizona, a state long dominated by Republicans, Clinton and Trump are in a virtual tie, according to a Monmouth University Poll released last week. Latino voters, who make up a fifth of the state’s electorate, are supporting Clinton over Trump by 35 percentage points. And critical to the electoral vote, only 9 percent of Latino voters who support Trump are in battleground states. Overall, 13 percent of the eligible voters in battleground states are Latino.

Arizona “was this strong, powerful red,” said Pita Juarez, 29, the communications director for the One Arizona coalition, an umbrella group of 14 advocacy groups, including LUCHA, that is working to boost Latino voter turnout. “Just today, we saw on FiveThirtyEight … it’s a light blue. And that’s something that I thought, really, I would never see.” (Arizona has gone back and forth between light blue and light red in FiveThirtyEight’s forecast over the last few weeks. Currently, Trump has a slight edge in the state’s forecast.)

Gabriel Sanchez, a professor of political science at the University of New Mexico and a principal at the opinion research firm Latino Decisions, said Latinos are more enthusiastic about voting this year than in 2012, having been mobilized by Trump’s comments targeting Mexicans. He added that the Republican Party will have a hard time winning over Mexican-Americans in subsequent elections unless it supports comprehensive immigration reform.

Like black millennials, younger Latinos show much weaker enthusiasm for Clinton than their elders. According to the October GenForward survey, conducted over the first half of the month, 44 percent of Latinos ages 18-30 plan to vote for Clinton and 8 percent will vote for Trump, with 10 percent going to third-party candidates. Nineteen percent said they didn’t plan to vote, and 12 percent were undecided.¹GenForward, a survey by the Black Youth Project at the University of Chicago and The Associated Press-NORC Center for Public Affairs Research, queries 18- to 30-year-olds and oversamples for Latino and nonwhite respondents, in this case with a total cohort of 1,832 respondents.

Irma Maldonado in math class and walking to her dorm room at Grand Canyon University.

Mark Hugo Lopez, director of Hispanic research at the Pew Research Center, said that much of the growth in the Latino electorate in coming years will be from U.S.-born Latinos entering adulthood. Like other cohorts of younger voters they tend to be more supportive of bigger government, in contrast to older Mexican-Americans, who are more likely to hold conservative views. “Mexican-Americans are more likely to be Catholic than other groups of Latinos,” he said. “They are also more likely to be third or higher generation than other U.S. Latino groups and as a result to have served in the military. Both of these characteristics correlate with conservative views on many issues.” He noted that George W. Bush won at least 40 percent of the Latino vote in 2004.

Mexican-Americans constitute 63 percent of the 57 million U.S. Latinos. Some Mexican-Americans can trace their heritage in New Mexico and other regions later acquired as U.S. territory back to the 1600s and earlier, while others are recent immigrants. Of the 35.8 million people of Mexican descent in the U.S., 68 percent are native born, and more than a quarter of those born in Mexico have become U.S. citizens. Separate estimates from the Pew Research Center indicate there were 5.8 million unauthorized Mexican citizens in America in 2014, 52 percent of the total unauthorized immigrant population. The Census Bureau considers Latinos in the U.S. to be an ethnicity, not a race, and thus Latino respondents can also mark any or multiple races; about a quarter identify as Afro-Latino. But only 1 percent of the population of Mexico is Afro-Latino, according to a recent census in that nation, the first to count the category.²The Census surveys of the diverse Latino population continue to evolve. One experimental survey design for the 2020 Census avoids using the terms race and ethnicity in the phrasing of the question entirely.

Nationwide, 11 percent of eligible voters are Latino, but in Arizona, 22 percent of eligible voters are. The state is currently going through a fierce local battle involving Sheriff Joe Arpaio that is arguably fanning the fires of Latino voter turnout as much as the national election.

Arpaio is an outsize figure who has served as Maricopa County sheriff for 23 years; run jails where the men must wear pink underwear and striped uniforms; and organized citizen border patrols with actor Steven Seagal. Arpaio also has a December court date on a contempt charge for violating a 2011 injunction against stopping people on the suspicion that they were not in the country legally. (He alleges the prosecution is politically motivated because of his support for Trump.) And just one week from now, Arpaio faces perhaps an even bigger challenge: a re-election bid with polls showing him trailing his challenger by 15 points.

LUCHA’s canvassers are campaigning against Arpaio, and there are indications that his presence on the ballot is motivating new voters. In Maricopa County, Democratic voter rolls rose by 13 percent since 2012, according to figures released in August, compared to a 7.6 percent increase for Republicans. And many Latinos register as independents but lean Democratic.

Some of the young activists who are canvassing for LUCHA are undocumented, according to One Arizona’s Juarez, and in other areas around the country with significant Latino populations, immigrants who are not yet on a path to citizenship are playing a role in the political process. One of them is Yessica Vasquez Moctezuma, 25, a bank teller, who will graduate this fall with a bachelor’s degree in political science from the University of Texas at San Antonio. She has been in the United States for 19 years, which means she was undocumented until 2012, at which point an executive order qualified her for temporary but renewable DACA (Deferred Action for Childhood Arrivals) status.

Vasquez Moctezuma is frank in her assessment of her family’s legal status, since her parents are not eligible for DACA and continue to work without documentation.

“We are breaking some laws just by being here illegally, but we bind to the laws here,” she said. “We pay our taxes every year, like any other citizen would.” She worries that her parents, who have paid into the Social Security system — which receives an estimated $12 billion a year from undocumented immigrants and their employers — will never receive benefits and will never be able to truly retire. Still, she said, “This is why I studied political science, because I love the government here. I feel like in so many ways it’s so great.”

For her part, Irma Maldonado said she is excited about voting in her first presidential election. After remaining undecided until early October, she decided to vote for Clinton. But she added, “Honestly, this election, a lot of people are not that pumped to vote. It’s really kind of sad.” The number of Mexican-American and Latino voters who show up on Nov. 8 could determine the outcome in her state, and possibly in the nation.

Illegals are Covered Under Obamacare, Words Matter

Posted on November 1, 2016November 1, 2016 by Denise Simon

7 Years ago, Barack Obama delivered a speech declaring that Obamacare would not insure those that are here illegally. Congressman Joe Wilson yelled, ‘you lie’. Well Joe Wilson was right all along, so he deserves the apology.

CRS: The degree to which foreign nationals (noncitizens/aliens)1 should be accorded access to certain benefits as a result of their presence in the United States, as well as the responsibilities of such persons given their legal status (e.g., immigrants, nonimmigrants, unauthorized aliens), often figures into policy discussions in Congress. These issues become particularly salient when Congress considers legislation to establish new immigration statuses or to create or modify benefit and entitlement programs.

The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L. 111-148), which has been amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and several other bills. (ACA refers to P.L. 111-148 as amended by P.L. 111-152 and the other legislation.)2 The ACA created new responsibilities (e.g., the requirement that most people in the United States obtain health insurance) and new benefits (e.g., tax credits to help certain people purchase health insurance), and it addressed the eligibility and responsibility of foreign nationals for these provisions. One issue that has arisen during debates to amend provisions in the ACA and during discussions of immigration reform is the eligibility of foreign nationals for some of the ACA’s key provisions.

This report opens with a discussion of several different statutory and regulatory definitions of lawfully present. On the surface, alien eligibility for provisions under the ACA appears straightforward. In general, those who are lawfully present are eligible, and those who are not lawfully present are not eligible. However, due to differing definitions of “lawfully present” and the interaction between the treatment of noncitizens under tax law, the Immigration and Nationality Act, and the ACA, the eligibility of individuals with certain immigration statuses for these provisions can become more complicated.

This report then analyzes the eligibility of foreign nationals for key provisions in the ACA that have restrictions based on immigration status: the requirement to maintain health insurance, the ability to purchase insurance through an exchange, and eligibility for the premium tax credit and cost-sharing subsidies.3 It includes consideration of the implementing regulations and the impact of the Supreme Court’s ruling in National Federation of Independent Business v. Sebelius.4 This report concludes with information on the alien-status verification process.

***

Treatment of Noncitizens Under the Patient Protection and Affordable Care Act (ACA)

The following section discusses alien eligibility for the following provisions under the ACA: the health insurance mandate, the exchanges (the Marketplace), and premium tax credits and cost-sharing subsidies. In general, aliens are separated into two groups for eligibility purposes under the ACA: aliens who are “lawfully present in the United States” are eligible for these provisions, while aliens who are not “lawfully present in the United States” are ineligible.

Definition of Lawfully Present

One of the complexities of alien eligibility for the ACA stems from the difficulty of defining who is considered lawfully present. The regulations implementing the ACA define lawfully present to include immigrants, asylees/refugees, nonimmigrants, and most other noncitizens who are known to the U.S. government and have been given some type of permission to remain temporarily in the United States. (For the full list, see Appendix A.) “Lawfully present” was first defined by regulation in this context for the purposes of eligibility for the high risk pools for uninsured people with pre-existing conditions.5 Since then, all regulations regarding the ACA have referenced that definition for the health insurance mandate, the exchanges, and the premium credit and cost-sharing subsidies.6 The definition of lawfully present for the ACA is identical to the Center for Medicaid and Medicare Services (CMS) policy definition of “lawfully residing” for Medicaid and CHIP eligibility7 and is similar to the definition of “lawfully present” for Social Security eligibility.8

Nonetheless, “lawfully present” is not a term that is widely used within the Immigration and Nationality Act (INA). The INA divides foreign nationals into two general types of legal statuses for admission to the United States: immigrants and nonimmigrants. Under the INA, other aliens may have permission to be in the United States, but they do not have an immigration status. The term “lawfully present” in the INA is only defined in regards to noncitizen eligibility for Social Security.9 The INA also defines the term “unlawfully present” specifically for purposes of determining inadmissibility, but that definition is not equivalent to the definition of “lawfully present” for purposes of the ACA.

There are noncitizens who have temporary permission to remain in the Unites States under narrowly defined circumstances such as those with temporary protected status (TPS),11 withholding of removal,12 Deferred Enforced Departure,13 and parole14—often referred to as the “quasi-legal population.” This “quasi-legal” population is counted by researchers at the Department of Homeland Security (DHS) and at the Pew Research Center’s Hispanic Trends Project—the two main entities that estimate the unauthorized alien population—as part of the unauthorized (illegal) population. Although these “quasi-legal” migrants comprise a small percentage of the total noncitizen population, most are considered “lawfully present” for the purposes of the ACA.15 (For a discussion of these estimates, see Appendix B, “Estimates of the Noncitizen Population in the United States.”)

***

Tax Treatment of Noncitizens

For purposes of the ACA, understanding the U.S. income tax treatment of noncitizens may be important for several reasons, including that any noncitizen who is a nonresident alien—which is a tax law term—is not subject to the individual mandate.22 Also, some might be interested in understanding the tax liability of noncitizens in light of the fact that the IRS may face difficulty in enforcing the mandate against any taxpayer (citizen or resident alien) who does not receive a tax refund.

For federal tax purposes, foreign nationals are classified as resident or nonresident aliens.23 These terms are used in the Internal Revenue Code (IRC) but do not exist in the Immigration and Nationality Act (INA).24 As a result, the specific immigration statuses under the INA do not align directly with the terms resident and nonresident alien.25

In general, an individual is a nonresident alien unless he or she meets the qualifications under either residency test:

 Green card test: the individual is a lawful permanent resident of the United States at any time during the current year, or

 Substantial presence test: the individual is present in the United States for at least 31 days during the current year and at least 183 days during the current year and previous two years (counting all the qualifying days in the current year, one-third of the days in the prior year, and one-sixth of the days in the earliest year).

There are several situations in which an individual may be classified as a nonresident alien even though he or she meets the substantial presence test. For example, an individual will generally be treated as a nonresident alien if he or she has a closer connection to a foreign country than to the United States, maintains a “tax home” in the foreign country, and is in the United States for fewer than 183 days during the year.27 Another example is that an individual in the United States under an F-, J-, M-, or Q-visa—students, teachers, trainees, and cultural exchange visitors—may be treated as a nonresident alien if he or she has substantially complied with visa requirements.28 This treatment generally applies to foreign students (most foreign students are on F visas) for their first five years in the United States and to teachers and trainees for the first two years. (You can read the full report here if you can stand it.)

Terrifying Immigration Numbers, and Court Decision

Posted on October 31, 2016October 31, 2016 by Denise Simon

Hundreds of Migrants Pitch Tents on Paris Streets as Calais Camp Shuts

(REUTERS) – The number of migrants sleeping rough on the streets of Paris has risen by at least a third since the start of the week when the “Jungle” shanty town in Calais was evacuated, officials said on Friday.

Along the bustling boulevards and a canal in a northeastern corner of Paris, hundreds of tents have been pitched by migrants – mostly Africans who say they are from Sudan – with cardboard on the ground to try and insulate them from the autumn chill.

While the presence of migrants there is not new, it has grown substantially this week, Colombe Brossel, Paris deputy mayor in charge of security issues, told Reuters.

“We have seen a big increase since the start of the week. Last night, our teams counted 40 to 50 new tents there in two days,” Brossel said, adding there was now a total of 700 to 750.

This means there are some 2,000-2,500 sleeping in the area, up from around 1,500 a few days before, she said.

“It’s not a huge explosion in numbers but there is a clear increase,” she said. “Some of them come from Calais, others from other places.”

JOEL SAGET/AFP/Getty

After years as serving as an illegal base camp for migrants trying to get to Britain, the “Jungle” at Calais was finally bulldozed this week and the more than 6,000 residents of the ramshackle camp near the English channel were relocated to shelters around France. More here.

Sessions: ‘Critical alert,’ 817,740 illegals crossed last year

In a bid to put the issue of illegal immigration back into the presidential debate, outspoken critic Sen. Jeff Sessions on Monday issued a “Critical Alert” warning of a potentially historic surge of over the border.

“We are simply overwhelmed,” his statement said. In it he estimated the Fiscal Year 2016 illegal crossings at 817,740.

“There is a crisis at our southwest border — one that in many ways exceeds the crisis we saw just two years ago, one that further undermines the integrity of our immigration system, but one that the most of the media has elected to ignore,” said Sessions, an advisor to Republican presidential nominee Donald Trump.

U.S. Immigration and Customs Enforcement is currently detaining more than 40,000 aliens, with internal predictions indicating that the number could reach 47,000 in the coming months.

In fiscal 2016, the U.S. Border Patrol apprehended 408,870 illegal aliens at the southern border; a number 23 percent higher than in fiscal 2015.

Brandon Judd, president of the National Border Patrol Council, was quoted as saying just half of illegals are caught crossing the border.

Calculating illegal entries based on that formula, 408,870 illegal aliens evaded detection in fiscal 2016, for a total of approximately 817,740 illegal entries into the United States last year.

Sessions said the border crisis demands a new president and approach to reforming immigration starting with a closed border.

*****

In part from Breitbart: Border Patrol Agent and NBPC President Brandon Judd spoke exclusively with Breitbart Texas and condemned the leadership of the Border Patrol’s parent agency, Customs and Border Protection (CBP), for allegedly “keeping this information secret” ahead of the 2016 U.S. presidential election.

“We are at breaking point. We have the highest number of illegal aliens in custody in history in Border Patrol’s RGV Sector and this information has been kept from the American public,” said Agent Judd. “The talk of amnesty has once again created pull factors and encouraged people from all over the world to cross Mexico and then cross our porous southern border to illegally enter the U.S. We are simply overwhelmed.” (See CBP’s response below.)

Agent Judd told Breitbart Texas that Americans should vote their conscience, but they should do so with all of the information available. “This is an issue of the federal government restricting crucial information from the public ahead of a presidential election and it is unacceptable. Americans deserve to know the truth. Our Border Patrol agents deserve for Americans to know what they are really facing. Too many Border Patrol agents have given their lives and left loved ones to grieve for CBP leadership to play these types of political games ahead of such an impactful election.”

Agent Cabrera said CBP were in fact concealing the gravity of the current border crisis. “One side in this coming election is downplaying illegal immigration and concealing this information only serves to help that agenda,” said Agent Cabrera.

Breitbart Texas reached out to the RGV Sector PIO for the Border Patrol and did not receive a response, though not much time was given to the agency. (See update below. A strong denial of the agents’ claims was issued by CBP to Breitbart Texas after publication.)

Historically, CBP, Border Patrol’s parent agency, has had to correct false assertions and denials. Perhaps the most glaring example occurred in June 2014 when an official CBP Twitter account directly accused this reporter of publishing a false report, only to later admit the report was accurate and true.

CBP has released numbers indicating near-record apprehensions; however, the assertions from the agents in the NBPC pertain to people who illegally entered the U.S. and are currently in custody in Border Patrol facilities. Agent Judd stated, “There is a significant difference between apprehension numbers and numbers in custody in our facilities. These record numbers in custody indicate that these are people who are not voluntarily returning. This indicates that these people will, under current policy, be released into our communities and given amnesty. This record number of people currently in detention is significant because the RGV Sector is dealing with the Gulf and Los Zetas cartels. This means our agents are busy babysitting record numbers in facilities instead of patrolling the border and stopping these murderers, kidnappers, and drug smugglers.” More here.

*****

Judge rebukes administration over few admissions for Syrian Christian refugees

FNC: A federal judge has rebuked the Obama administration over the lack of Syrian Christians being admitted from the war-zone, calling it a “perplexing discrepancy” that only 56 of 11,000 Syrian refugees to the U.S. in fiscal 2016 were Christian.

The rebuke came in a Seventh Circuit Court of Appeals opinion on a Freedom of Information Act lawsuit filed by The Heartland Alliance’s National Immigrant Justice Center – a liberal human rights group that advocates for immigrants and asylum-seekers — seeking information on certain terror groups.

As first reported by attorney and former FEC member Hans von Spakovsky for The Daily Signal, while the court found in favor of the government, Judge Daniel Manion addressed the refugee issue and took aim at the Obama administration over how few Christians had been admitted to the U.S.

“It is well‐documented that refugees to the United States are not representative of that war‐torn area of the world. Perhaps 10 percent of the population of Syria is Christian, and yet less than one‐half of one percent of Syrian refugees admitted to the United States this year are Christian,” he wrote.

According to government figures, of the almost 11,000 Syrian refugees admitted to the United States in fiscal 2016, only 56 were Christian.

RELATED: ‘GROSS INJUSTICE’: OF 10,000 SYRIAN REFUGEES TO THE US, 56 ARE CHRISTIAN

“To date, there has not been a good explanation for this perplexing discrepancy,” Manion noted.

The numbers are disproportionate to the Christian population in Syria, estimated last year by the U.S. government to make up roughly 10 percent of the population. Since the outbreak of civil war in 2011, it is estimated that between 500,000 and 1 million Christians have fled the country, while many have been targeted and slaughtered by the Islamic State.

Manion qualified his remarks by saying that his point “is not to suggest that any refugee group is more or less welcome: quite the contrary” but warned the Obama administration against failing to provide states with enough data on the people coming in.

In the case, the NIJC was requesting the identities of Tier III terrorist organizations, which are not publicly available. The administration argued that Tier III terrorist organizations “tend to be groups about which the U.S. government does not have good intelligence, making it essential that [DHS] be able to obtain information about them during screening interviews that are as focused and complete as possible.”

Manion noted that potential ties to a Tier III organization like a Christian militia may be why the government is not letting in as many Christians, but that it was impossible to tell since the information is not publicly available.

“It is at least possible that incidental affiliation with some Christian militia could lead an immigration officer to deny entry to Syrians on this basis. That would be a dubious consequence,” he wrote.

A State Department spokesperson told FoxNews.com in September that religion was only one of many factors used in determining a refugee’s eligibility to enter the United States.