Category Archives: Illegal Immigration

Supreme Court Rejects Obama’s Appeal for Re-Hearing

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Primer: Donald Verrilli, the Department of Justice Solicitor General who argued these cases before the Supreme Court resigned in June. Verrilli successfully defended President Obama’s healthcare plan before the Supreme Court, is joining the Los Angeles law firm of Munger, Tolles & Olson.

Supreme Court declines to hear immigration and Redskins cases

WaPo: The Supreme Court will not reconsider President Obama’s plan to shield undocumented immigrants from deportation and denied the Washington Redskins’ bid to get its trademark case on this term’s docket.

With oral arguments postponed for a day because of the Rosh Hashana Jewish holiday, the first Monday in October that marks the beginning of the new Supreme Court term became a day of rejection. The court issued a thick stack of cases that had accumulated over the summer that the justices decided not to hear.

Among the other losers: the NCAA, which had asked the court to review an appeals court ruling about its policies involving the amateur status of college football and basketball players. The issue remains alive in other court proceedings.

[Deadlocked Supreme Court won’t revive Obama immigration plan]

The administration’s request was a longshot bid to salvage what had been the biggest legal defeat of Obama’s presidency. In June, a deadlocked court failed to revive his stalled plan to shield millions of undocumented immigrants from deportation and give them the right to work legally in the United States.

The justices’ votes at the time were not announced, but the court’s liberals and conservatives were split at oral argument last spring. The tie meant that a lower court’s decision that Obama probably exceeded his powers in issuing the executive action kept the plan from being implemented.

The court’s action affected about 4 million illegal immigrants estimated to be covered by Obama’s plan, which would have deferred deportation for those who have been in the country since 2010, have not committed any serious crimes and have family ties to U.S. citizens or others lawfully in the country.

The Supreme Court rarely grants motions for rehearing. But the administration’s lawyers made the request in hopes that by now the vacancy created by the death of Justice Antonin Scalia would be filled.

Instead, Senate Republicans have blocked consideration of Obama’s nominee to the court, appeals court judge Merrick Garland. They say the next president should fill the election-year opening.

This immigration case is the matter where the Judge ordered Department of Justice lawyers to attend an ethics class.

JonathanTurley: United States District Judge Andrew Hanen issued a remarkable opinion yesterday that found that Justice Department lawyers not only lied to him and opposing counsel but “it is hard to imagine a more serious, more calculated plan of unethical conduct.” What is even more remarkable however is that, after finding such calculated and unethical conduct, Hanen ordered the lawyers to simply take ethics classes rather than refer them to the bar for suspension or disbarment. Many attorneys object that government lawyers routinely escape serious punishment for false or misleading statements. In this case, the judge found that the Justice Department misled him and opposing counsel in a case by Texas and 25 other states that sought to block President Barack Obama’s controversial immigration programs. Hansen blocked the program. Notably, the Justice Department is even opposing ethical classes as a sanction.

The government misled the court on when the government would begin implementing one of the programs. The Justice Department team assured the court the government would not start implementing an expansion of a program called the Deferred Action for Childhood Arrivals until February 18, 2015. The court and opposing counsel relied on that date even though the government implemented a part of the program before February and granted over 100,000 applications. Hansen found that the “Justice Department lawyers knew the true facts and misrepresented those facts.”

Apparently, lawyers, somewhere in the halls of the Justice Department whose identities are unknown to this Court, decided unilaterally that the conduct of the DHS in granting three-year DACA renewals . . . was immaterial and irrelevant to this lawsuit and that the DOJ could therefore just ignore it. Then, for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth about this DHS activity. The first decision was certainly unsupportable, but the subsequent decision to hide it from the Court was unethical.

In an effort to convey how unethical the Justice Department acted in the case, Hanen even excerpted a portion of the film “Miracle on 34th Street” when a young Tommy Mara Jr. says “Gosh, everybody knows you shouldn’t tell a lie, especially in court.” Judge Hanen noted “There are certain attorneys in the Justice Department who apparently have not received that message.”

Here is the opinion: Immigration Decision.

Obama Admin Admits No Plan B for Syria

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Reuters: The United States called the assault on Aleppo by Syria and Russia “a gift” to Islamic State on Thursday, saying it was sowing doom and would generate more recruits for the militant group.

Moscow vowed to press on with its offensive in Syria, while U.S. officials searched for a tougher response to Russia’s decision to ignore the peace process and seek a military victory on behalf of Syrian President Bashar al-Assad.

United Nations aid chief Stephen O’Brien urged the 15-member U.N. Security Council to stop “tolerating the utter disregard for the most basic provisions of international humanitarian law.”

The sanctions program on Syria began in earnest under the Bush administration yet given the enormous death count and destruction, the last sanctions order by Barack Obama was:

On May 1, 2012, the President issued E.O. 13608 pursuant to, inter alia, IEEPA
and the NEA, finding that efforts by foreign persons to engage in activities
intended to evade U.S. economic and financial sanctions with respect to Syria
and Iran undermine United States efforts to address the national emergencies
declared in E.O. 13338, E.O. 12957, E.O. 12938, and E.O. 13224, and taking
additional steps pursuant to those national emergencies.

Given the violations, espionage aggressions and proven hacking by Russia, the Obama administration has not signed new sanctions on Russia. The most recent were those imposed during the Russia/Ukraine hostilities. So it stands to reason, there is no Plan B as noted below.

   

An Obama administration official painfully struggled to explain the ‘Plan B’ for Syria

A senior Obama administration official stumbled Thursday when pressed on the US plan to deal with the crisis in Syria, appearing unable to provide details about what comes next after a failed ceasefire.

BusinessInsider: Sen. Bob Corker, a Republican from Tennessee and the chair of the Senate Foreign Relations Committee, repeatedly pressed Deputy Secretary of State Antony Blinken during a committee hearing.

The US has been searching for a way to help resolve a five-year civil war between the regime of Syrian President Bashar al-Assad and rebel groups that has caused the deaths of hundreds of thousands of civilians and led to the proliferation of extremist groups like ISIS inside the country. But a ceasefire deal brokered with Russia earlier this month fell apart.

“I’d like to understand what Plan B is,” Corker said. “The mysterious Plan B that has been referred to since February, the mysterious Plan B that was supposed to be leverage to get Russia to quit killing innocent people, to get Assad to quit killing innocent people. Just explain to us the elements of Plan B.”

Blinken seemed unsure of the specifics of the so-called Plan B.

“In the first instance, Plan B is the consequence of the failure as a result of Russia’s actions of Plan A,” he said. “In that, what is likely to happen now is if the agreement cannot be followed through on and Russia reneges totally on its commitments, which it appears to have done, is this is going, of course, to be bad for everyone, but it’s going to be bad first and foremost…”

Corker cut him off, asking for more specifics.

“I want to hear about Plan B,” Corker said. “I understand all the context here.”

Blinken pressed on.

“I think, sir, this is important because Russia has a profound incentive in trying to make this work,” Blinken said. “It can’t win in Syria. It can only prevent Assad from losing. If this now gets to the point where the civil war actually accelerates, all of the outside patrons are going to throw in more and more weaponry against Russia. Russia will be left propping up Assad in an ever-smaller piece of Syria under constant assault…”

Corker cut in again.

“I understand that,” he said. “What is Plan B? Give me the elements of Plan B.”

Blinken tried again, but was still vague on details.

“Again, the consequences I think to Russia as well as to the regime will begin to be felt as a result of Plan A not being implemented because of Russia’s actions,” Blinken said. “Second, as I indicated, the president has asked all of the agencies to put forward options, some familiar, some new, that we are very actively reviewing. When we are able to work through these in the days ahead, we will have an opportunity to come back and talk about them in detail.”

Corker didn’t seem satisfied.

“OK, so let me just say what we already know,” he said. “There is no Plan B.”

This is a familiar criticism of the Obama administration’s Syria policy.

Mutasem Alsyofi of the Syrian Civil Society Declaration Initiative said in a statement last week that Secretary of State John Kerry wasn’t able to articulate a coherent plan for Syria when he met with a Syrian delegation in New York City.

“Kerry’s plan is to do more of the same — despite the repeated failure of US attempts to strike a deal with Russia,” Alsyofi said. “Syrians need a clear guarantee that the continued killing of civilians will be met with action to protect civilians. We do not need further failed agreements with Russia.”

The US recently worked with Russia to implement a ceasefire between the Assad regime and rebels in Syria, excluding extremist groups. But the deal — referred to as “Plan A” during Blinken’s testimony — fell apart before it was seen through to completion.

The Wall Street Journal reported on the administration’s “Plan B” for Syria earlier this year, citing unnamed US officials who described a covert operation to provide moderate rebels with more powerful weapons. Blinken did not mention such a program during his testimony.

Syrian opposition alliance enlists former Rep. Kingston

Sept. 30, 2016

An alliance of moderate Syrian political and military groups has enlisted Squire Patton Boggs lobbyists, including former Rep. Jack Kingston (R-Ga.), for advocacy support, according to a new lobbying disclosure.

The High Negotiations Committee of the Syrian Opposition, which released a new transition plan for the country earlier this month, is supported by numerous Western and Middle Eastern countries, including Turkey. The HNC reportedly excludes Syrian Kurds, who have exchanged blows with Turkey in recent years.

In addition to the end of the Assad regime, the coalition is reportedly working toward democratic elections, free press and a new constitution, among other issues.

Immigrants Buying Entry into U.S., are Some Terrorists?

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…..even if they are corrupt and the money used has been laundered or financed by a terror organization…

Primer:

CIA Director: We ‘have to assume’ terrorist activity in US

‘Impossible to say’ if ISIS has cells here

(CNN) – The director of the CIA said Wednesday despite the government’s best efforts, the likelihood of terrorist activity in the United States is strong.

“So I think we have to assume there’s something here in the states,” said John Brennan, in an interview for CNN’s “Erin Burnett OutFront” that aired Wednesday night. “We have to be relentless in terms of going after them.”

Brennan, who was appointed to lead the CIA shortly before President Barack Obama’s second term, said “it’s impossible to say” whether ISIS has operatives or cells in the United States, and he credited the “tremendous advances in information sharing and interaction between federal officials” in making it difficult for terrorists to operate in the country.

He said he is confident that the US will be “able to remove other senior members” of ISIS, including the organization’s leader Abu Bakr al-Baghdadi.

“His time is limited,” Brennan said of al-Baghdadi. “It’s just a question of whether or not he is going to be removed this week, this month, next month or in the coming months.”

But still, Brennan said “you cannot assume there’s nobody in the homeland.”

“What you need to do is to be able to continue to uncover and use intelligence, what they might be doing here,” he said. More details here.

Immigrant Investor Program:

Progress Made to Detect and Prevent Fraud, but Additional Actions Could Further Agency Efforts

What GAO Found   Full report here.

Inspector General Report is here.

The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) has recently taken steps intended to enhance fraud detection and mitigation activities for the Employment-Based Fifth Preference Immigrant Investor Program (EB-5 Program) and address previous GAO recommendations.

This includes actions such as conducting and planning additional risk assessments to gather additional information on potential fraud risks to the program. For example, USCIS is leveraging overseas staff to investigate potential fraud associated with unlawful sources of immigrant investor funds and is conducting a site visit pilot to help assess the potential risks of fraud among EB-5 program investments. USCIS is also taking steps to collect more information about EB-5 program investments and immigrant investors through new, revised forms and expanding its use of background checks, among other things, to help improve its ability to identify specific incidence of fraud. However, fraud mitigation in the EB-5 Program is hindered by a reliance on voluminous paper files, which limit the agency’s ability to collect and analyze program information. In its review of a nongeneralizable selection of files associated with EB-5 program regional centers and immigrant investors, GAO found that identifying fraud indicators is extremely challenging. For example, many of these files were several thousand pages long and would take significant time to review. According to USCIS documentation, the program anticipates receiving approximately 14 million pages of supporting documentation from its regional-center applicants and immigrant investor petitioners annually. Recognizing these limitations, USCIS has taken preliminary steps to study digitizing and analyzing the paper files submitted by petitioners and applicants to the program, which could help USCIS better identify fraud indicators in the program; however, these efforts are in the early stages.

USCIS has incorporated selected leading fraud risk management practices into its efforts but could take additional actions to help guide and document its efforts. GAO’s Fraud Risk Framework is a set of leading practices that can serve as a guide for program managers to use when developing efforts to combat fraud in a strategic, risk-based manner. USCIS’s actions align with two key components of the Fraud Risk Framework: (1) commit to combating fraud by creating an organizational culture and structure conducive to fraud risk management such as by providing specialized fraud awareness training; and (2) assess risks by planning and completing regular fraud risk assessments. However, USCIS has not developed a fraud risk profile, an overarching document that guides its fraud management efforts, as called for in the Fraud Risk Framework. Instead, USCIS’s risk assessments, spanning multiple years, were developed as separate documents and reports, and there is not a unifying document that consolidates and systematically prioritizes these findings. Without a fraud risk profile, USCIS may not be well positioned to identify and prioritize fraud risks in the EB-5 Program, ensure the appropriate controls are in place to mitigate fraud risks, and implement other Fraud Risk Framework components.

Why GAO Did This Study

Congress created the EB-5 visa category to promote job creation and capital investment by immigrant investors in exchange for lawful permanent residency and a path to citizenship. Participants must invest either $500,000 or $1 million in a business that is to create at least 10 jobs. Upon meeting program requirements, immigrant investors are eligible for conditional status to live and work in the United States and can apply to remove the conditional basis of lawful permanent residency after 2 years. In August 2015, GAO reported on weaknesses in certain USCIS fraud mitigation activities, and made two related recommendations.

GAO was asked to review actions taken by USCIS to address fraud risks in the EB-5 program since its August 2015 report. This report examines the extent to which USCIS (1) has taken steps to enhance its fraud detection and mitigation efforts; and (2) has incorporated selected leading fraud risk management practices into its efforts. GAO reviewed relevant program documentation and information; selected and reviewed a random, nongeneralizable sample of immigrant investor petitions and regional-center applications submitted between fiscal years 2010 and 2014; and compared USCIS’s actions against GAO’s Fraud Risk Framework.

What GAO Recommends

GAO recommends that USCIS develop a fraud risk profile that aligns with leading practices identified in GAO’s Fraud Risk Framework. The Department of Homeland Security concurred with GAO’s recommendation.

DHS Allows Refugees into U.S. with only Testimony, no Documents

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Europe, now then the United States…

Related reading: Presidential Determination Signed to Accept 85,000 Refugees

VIDEO: Obama Administration Official Admits to Allowing Refugees in to U.S. Based on Their Testimony Alone

Cruz questions administration officials on refugee program at Judiciary Committee hearing

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), in today’s Judiciary immigration subcommittee hearing, highlighted serious problems with the Obama administration’s refugee resettlement efforts, including the federal government’s inadequate refugee vetting process. While questioning State Department Principal Deputy Assistant Secretary Simon Henshaw, Department of Homeland Security (DHS) Director León Rodríguez, and Department of Health and Human Services Director Robert Carey, Sen. Cruz specifically noted that the administration’s willful blindness to radical Islamic terrorism has prevented Christian refugees from the Middle East from escaping the genocide of ISIS and has also seriously undermined counterterrorism efforts in the United States.

Moreover, during an exchange with Sen. Cruz, Director Rodríguez acknowledged publicly that refugee applications can be approved based solely on the applicant’s testimony, without any documentation.

Sen. Cruz: Is it true or false that the testimony of the applicant alone can be sufficient for approval? 

Director Rodríguez: There are cases where the testimony is not necessarily corroborated by documents…I am acknowledging that, yes, testimony can be the basis for the grant of a refugee…

Watch Sen. Cruz’s full opening remarks and first line of questioning, where Director Rodríguez admits that refugee applications can be approved based on testimony alone, here. Sen. Cruz’s second line of questioning can be viewed here. Below is the full transcript of Sen. Cruz’s opening remarks:

“America has long shown an incredible generosity of spirit welcoming refugees and offering them safe haven. Indeed, I am the son of a refugee who fled prison and torture in Cuba and came to America seeking freedom. But our immigration laws are not a suicide pact. The refugee program should not become a vehicle for terrorists to come murder innocent Americans.

“I and, I think, a great many Americans are deeply concerned by the willful blindness of this administration to the threat of radical Islamic terrorism. That was characterized powerfully just a few minutes ago when our Democratic colleague Senator Al Franken said we should not even ask refugees if they are Muslims. If one is trying to prevent radical Islamic terrorists from coming in, the suggestion from my Democratic colleague that we shouldn’t even ask, to me, is nuts.

“As we look at what is happening in Syria and what is happening in the Middle East, ISIS is evil. They are waging a war of genocide against Christians. They are murdering Jews. They are murdering fellow Muslims, and yet, the refugee program as administered by this administration seems to have an enormous preference for Syrian Muslim refugees and seems to actively keep out Syrian Christian refugees.

“In 2014, the Obama administration admitted 249 refugees from Syria, 224 of those, 89.9 percent, were Muslim, only 13 were Christian – 5.2 percent. In 2015, the Obama administration admitted 2,192 refugees from Syria; 2,149 were Muslim – that’s 98 percent – and only 29, 1.3 percent, were Christian. In 2016 to date, the Obama administration has admitted 11,717 refugees from Syria, of those 11,624 were Muslim – that’s 99.2 percent – and 49 were Christian – that’s 0.41 percent. All told since 2011, 14,267 Syrian refugees have been admitted to the United States and more than 14,000 of them were Muslim. Fewer than 100 were Christian.

“Now, those numbers are not even close to the proportional population in Syria. Ten percent of the pre-war population in Syria was Christian, and yet, 0.68 percent of the refugees being admitted by the administration are Christian.”

Why Did DHS Honor Antonia Hernandez?

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DHS Agency That Enforces Immigration Law Honors Open Borders Activist Who Helps Illegal Aliens

The Homeland Security agency responsible for enforcing the nation’s immigration laws is honoring a renowned open-borders activist dedicated to defending illegal aliens in the U.S. with a prestigious award. Known as “Outstanding American by Choice,”it’s bestowed annually by U.S. Citizenship and Immigration Services (USCIS) to recognize the “significant contributions and achievements of a naturalized” American citizen. This year’s winner is being crowned today at a ceremony in Los Angeles, California where she runs a billion-dollar charity largely dedicated to assisting immigrants.

Her name is Antonia Hernández, a civil rights attorney who spent two decades litigating on behalf of illegal immigrants at the Mexican American Legal Defense and Educational Fund (MALDEF), the powerful open borders group that specializes in discrimination lawsuits on behalf of illegal aliens. Promoted as a “Latino advocacy” group, MALDEF also pushes for free college tuition for illegal immigrants and lowering educational standards to accommodate new migrants. The group’s leadership says it’s racist to make English the country’s official national language and inhumane to protect the southern border with a fence. Hernández was president and general counsel at MALDEF before becoming president and CEO at a like-minded nonprofit with deep pockets called the California Community Foundation. The charity ranks among the nation’s top100 foundations by size and giving with an endowment exceeding $1 billion. Among its focuses is “immigrant integration.”

Hernández is the oldest of seven children born to poor Mexican immigrants, according to a magazine profile that says before she could drive Hernández walked the picket lines in support of California’s farm workers. During twenty years at MALDEF Hernández successfully defeated a California measure—passed by voters—that would have denied health and education benefits to illegal immigrants, worked to create voting districts that equitably represented Latinos and litigated on behalf of limited-English proficient students in the nation’s public school system. A California congresswoman who honored Hernández with a public service award years ago described her as a “tenacious defender of immigration reform”and a “devoted advocate on behalf of fair and just immigration reform.”

Under Hernández’s leadership the California Community Foundation has dedicated large amounts of resources to assist illegal immigrants, especially in the last two years. In 2014, Hernández led an effort to form an emergency relief fund to help the influx of illegal alien minors—mostly from Central America— that the Obama administration allowed to enter the U.S. through Mexico. The government calls them Unaccompanied Alien Children (UAC) and many have ties to gang members in the U.S., specifically MS-13. In fact, earlier this year Judicial Watch reported that the execution-style murder of a Massachusetts man was committed by two Central American teens that came to the U.S. as UACs under the president’s open border free-for-all. Many of the UACs have also brought in dangerous diseases, including swine flu, dengue fever, Ebola virus and tuberculosis. Nevertheless, Hernández said this about the UACs when her nonprofit scrambled to help them: “They are our children.”

The award that Hernández is accepting today is supposed to go to a candidate that demonstrates “their commitment to this country and to the common civic values that unite us all as Americans,” according to a USCIS announcement. The agency purports to consider candidates’ civic participation, professional achievement and responsible citizenship. The government’s goal is to recognize individuals who chose to become Americans and have made significant contributions to both their community and the United States. Deputy Security of Homeland Security Alejandro Mayorkas, shamefully ousted as a Clinton federal prosecutor after orchestrating the pardon of a big-time drug dealer, will give Hernández the award at today’s ceremony. A Department of Homeland Security (DHS) announcement of the event describes Hernández as a civil rights attorney who has demonstrated her commitment of social justice and civic engagement for over four decades.

IN 2015:  

Readout of Deputy Secretary Mayorkas’ Trip to California and Arizona

Release Date:
February 3, 2015

For Immediate Release
DHS Press Office
Contact: 202-282-8010

PHOENIX – Deputy Secretary of Homeland Security Alejandro Mayorkas today concluded a trip to Los Angeles, San Francisco, and Phoenix for a series of workforce engagements with U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) personnel. Deputy Secretary Mayorkas also met with local elected officials and law enforcement to discuss the ongoing collaboration with the Department of Homeland Security to safeguard local communities.

While in Los Angeles, Deputy Secretary Mayorkas participated in a panel discussion with Los Angeles Mayor Eric Garcetti, the Mayor’s Chief of Immigrant Affairs Linda Lopez and California Community Foundation President and Chief Executive Officer Antonia Hernandez. During the panel, Deputy Secretary Mayorkas discussed the Department’s implementation efforts related to Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the economic benefits of the recent administrative actions on immigration for the City of Los Angeles. Deputy Secretary Mayorkas reiterated the need for Congress to pass an appropriations bill to fully fund the Department of Homeland Security as soon as possible.

While in Los Angeles, Deputy Secretary Mayorkas also met with Los Angeles Police Department Chief Charlie Beck and Los Angeles County Sheriff Jim McDonnell, emphasizing the importance of enhanced communication and information sharing between the Department and state and local law enforcement.

Deputy Secretary Mayorkas then traveled to San Francisco, where he met with San Francisco Mayor Ed Lee, Police Chief Gregory Suhr, and other local officials to discuss the Department’s commitment to working with local communities to ensure that we effectively and sensibly enforce our Nation’s immigration laws.

In Phoenix, San Francisco and Los Angeles, Deputy Secretary Mayorkas participated in DHS employee town hall discussions with ICE and USCIS personnel, to thank them for their service and for responsibly implementing the Department’s policies and enforcement priorities.