SCOTUS Unanimous Decision on Temporary Protective Status

There have been several unanimous decisions out of the Supreme Court lately and this one is curious. The progressive Jurist Elena Kagan wrote this on regarding immigrants obtaining a green cards status….simple description….NO, they can’t have one.

Sounds good…but hold on.

And remember –> The Trump administration has ordered an end to TPS benefits for nearly all immigrants who had them, stating that the program is meant to provide temporary rather than long-term relief. But a series of lawsuits challenging the administration’s decision have blocked those orders from taking effect, giving the vast majority of these immigrants a reprieve until early 2021.

Immigrants from 10 nations have Temporary Protected Status

LATimes:

The Supreme Court on Monday dealt a setback to hundreds of thousands of immigrants who have so-called temporary protected status, ruling they can’t have a green card if they entered the country illegally.

That means TPS recipients who entered the county legally as students or tourists, and stayed under TPS may obtain a green card, said Justice Elena Kagan. But the same is not true of those who entered illegally.

“Because a grant of TPS does not come with a ticket of admission,” she wrote in Sanchez vs. Mayorkas, “it does not eliminate the disqualifying effect of an unlawful entry.”

Temporary protected status has been extended to about 320,000 immigrants from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

But lower courts had been divided over whether these migrants, many of whom have lived here for decades, may apply for and receive lawful permanent status. Four years ago, the 9th Circuit Court in California ruled that TPS recipients were eligible for green cards even if they entered the country illegally.

The case decided by the Supreme Court began when Jose Sanchez and his wife, Sonia Gonzalez, sought green cards. They arrived from El Salvador in the late 1990s, established lives and careers in New Jersey and had four sons. But they were not lawfully admitted.

Kagan said Congress is considering legislation that would allow such TPS recipients to obtain lawful permanent resident status, but only Congress, not the court, can change the law in this respect.

“Sanchez was not lawfully admitted, and his TPS does not alter that fact,” she wrote. “He therefore cannot become a permanent resident of this country.”

***

When can the Secretary designate a country for TPS?

The Secretary can designate a country for TPS due to:

  • Ongoing armed conflict (such as civil war),
  • An environmental disaster (such as earthquake or hurricane), or an epidemic, or
  • Other extraordinary and temporary conditions.

Who is eligible for TPS?

TPS can be granted to an individual who is a national of a designated country, has filed for status during a specified registration period, and who has been continuously physically present in the U.S. since a designated date.

What are the benefits of TPS?

During a designated period, TPS holders are:

  • Not removable from the U.S. and not detainable by DHS on the basis of his or her immigration status,
  • Eligible for an employment authorization document (EAD), and
  • Eligible for travel authorization.

How many individuals are currently granted TPS?

The U.S. currently provides TPS to over 400,000 foreign nationals from the following countries, not including individuals from Venezuela and Burma as they were just recently designated:

Country Estimated Number
Venezuela 323,000 eligible
El Salvador 251,567
Honduras 80,709
Haiti 56,453
Nepal 14,575
Syria 7,010
Nicaragua 4,526
Yemen 1,465
Sudan 805
Somalia 465
South Sudan 83
Burma N/A

Where do TPS holders live?

TPS holders reside all over the United States. The largest populations of TPS holders live in California (17.95%), Florida (13.75%), Texas (12.88%), New York (12.33%), and Virginia (6.75%). Most TPS holders from El Salvador live in the Washington, DC (32,359), Los Angeles (30,415) and New York (23,168) metropolitan areas. Honduran TPS holders live mostly in the New York (8,818), Miami (7,467) and Houston (6,060) metropolitan areas. Haitian TPS holders live mainly in the Miami (16,287), New York (9,402) and Boston (4,302) metropolitan areas. source

We have no idea how many people have been granted TPS, there are only estimates as noted here.

(From uscis.gov website)

America First Must Build a New Shipping Canal for the Supply Chain

Since 2020 up to now, we in America have suffered through supply chain shortages adding in the matter of ransomware of the Colonial pipeline and now the largest meat processor.

A cyberattack on JBS, the largest meat producer in the world, forced the shutdown of American slaughterhouses, and the closures may be spreading. JBS’s five biggest beef plants in the U.S. halted processing following the weekend attack, equal to one-fifth of all of America’s meat production. Slaughter operations across Australia were also down and one of Canada’s largest beef plants was idled. The prospect of more extensive shutdowns is upending agricultural markets and raising concern about food security as hackers increasingly target critical infrastructure. Livestock futures slumped while pork prices rose. JBS told the White House that the cyberattack, like several previous ransomware assaults, probably originated in Russia.

There are shortages of chicken, chlorine, flour, lumber, computer chips, rare earth minerals like cobalt, rental cars, palm oil, truck drivers, diapers and appliances to list a few. Just imagine the impact of pharmaceuticals via China.

Consider the supply chain dangers if sea shipping was slowed or stopped. Consider the Panama Canal. Why worry?

China is the short answer. And China hates the United States.

In part:

Beijing is currently the second or third largest trading partner with the countries of Central America.  Chinese investment in Central America is present in infrastructure projects in Honduras, Nicaragua, Costa Rica, and Panama, and there are plans for further investment in El Salvador and Guatemala.  Excluding a contemplated US $50 billion dollars in a canal project in Nicaragua, Chinese investment in Central American infrastructure has totaled approximately US $2 billion thus far.

In a further demonstration of growing ties between the PRC and the countries of Central America, Costa Rica, Panama, and El Salvador have each broken relations with Taiwan to establish diplomatic ties with China.  Other countries in the region could soon follow suit.

Panamanian “Panda Bonds”

Sino-Central American investment is being actively pursued in Panama.  The country is one of the nations in Latin America that is part of an ambitious program that Beijing has undertaken in the region.

The PRC’s “Silk Road” initiative is a trading and infrastructure plan that aims to connect Asia, Europe, Africa, and Latin America in the same way that the trade route existed during ancient times.  In addition to this initiative, further Chinese investment in Central America will result from the Panamanian government’s issuance of US $500 million of “Panda Bonds” in 2018.  Panda Bonds are Chinese renminbi-denominated bonds from a non-Chinese issuer that are sold into the Chinese market.  Panama issued them in order to take advantage of China’s lower borrowing costs.

***

China’s advancement in Central America dates back to 2007, when Costa Rica became the first Central American country to establish diplomatic relations with Beijing. Since then, economic relations between both countries have developed, helping to promote China’s regional brand. Economically, China has presented itself as an attractive partner. In 2008, China purchased Costa Rican bonds in excess of $300m, offered the country aid worth $130m, and funded the $105m construction of the Estadio Nacional. Meanwhile, on March 2 Chinese state media claimed that China will finance the expansion of a highway connecting Costa Rica and the Caribbean.

Chinese activity in Costa Rica is not limited to finance. In terms of culture, students at the University of Costa Rica can study Chinese and enrol in Chinese cultural programmes. The Chinese government has also promoted the development of Chinatown in San José, Costa Rica’s capital.

What is the solution?

America First should consider mobilizing a real infrastructure operation that would build a new shipping canal that would be technologically more advances and handle larger ships. Where to put it? Nicaragua.

Really? Yes, beat China at their own game and do it fast. The Nicaragua Canal was proposed and backed by Chinese investors and was to be completed in 2020 at an estimated cost of $50 billion.

Nicaragua Canal Proposed Routes

Can you see the natural location for such a shipping canal?

This would also stabilized Latin American countries with economic space and stem the immigration chaos. This time, don’t give the canal away either. The cost? Perhaps a mere $15 billion and these days that is much less than the Biden administration budget has proposed to spend…that pesky $6 trillion.

Has China placed some military operatives in Latin America to protect Chinese investments otherwise known as debt trapping? Seems a legit question especially when the left-leaning think tank Foreign Policy Magazine explains the context just as recently in June of 2020.

Furthermore, Iranian warships are headed to Venezuela with 7 high speed missile boats on board. Additionally, China continues to make plays in the energy sector in Cuba. More debt trapping? Yes.

The America First Policy Institute needs to do some immediate forecasts for national security reasons. The AFPI, which holds a stellar staff list has one particular section called ‘Center for New Frontiers’.

America was not founded to restore an imagined past, but to move its people into a bright and brilliant future. In this first half of the twenty-first century, the United States stands on the precipice of an array of extraordinary possibilities. Dreams from our yesterdays — interplanetary travel, autonomous vehicles, subterranean transit systems, artificial intelligence, 3D printing, organ regeneration, extraordinary new power sources, and beyond — are poised to enter our tomorrows. The America First Policy Institute (AFPI) will research and develop policies that nurture America’s experimental spirit.

A new infrastructure plan such as a shipping canal is just the cure for future supply chain protections and stabilizing countries in our own hemisphere when other key industries and manufacturing must relocate to either or both Central America and back to the United States.

Biden’s Connection to no-bid Contract for Endeavor

Hat tip: On January 20th, 2021, the very day President Joe Biden took the oath of office, Endeavors put out a news release announcing the hiring of Andrew Lorenzen-Strait, a former Immigrations and Customs Enforcement (ICE) official who also served as a Biden transition advisor on Homeland Security issues.

“This is a no-bid contract, and those should be used in only the most extraordinary circumstances,” said Tom Jones of the American Accountability Foundation, a conservative-leaning watchdog organization.

Andrew Lorenzen-Strait landed his job at Endeavors (formerly Family Endeavors) in January straight off the Biden transition team following a stint with one regional Lutheran refugee contractor, and a little over six months at LIRS, the national organization.

He had spent years in the federal government, at ICE in fact, before hitting on this likely lucrative gig.

FranchiseBlast works with nonprofit Endeavors to enhance ...

EXCLUSIVE: The Department of Homeland Security’s Inspector General’s office is evaluating a multi-million dollar contract awarded to a Texas company that employs a former Biden transition official, multiple sources with the probe confirm to Fox News.

A DHS IG official tells Fox News the contract, with the San Antonio-based nonprofit Endeavors, is the subject of an ongoing evaluation to look at how “ICE plans to house migrant families in hotels, and how ICE selected a contractor to implement these plans.” The Formal title of the probe is, “ICE’s Contract to House Migrants in Hotels.”

Tens of thousands of migrants are crossing the southern border every month, with nearly 180,000 encountered by Customs and Border Patrol along the Southwestern Border in April 2021.

Thousands of those migrants are now being housed in hotels, thanks to Endeavors. The company recently landed a couple of massive government contracts worth upwards of a half-billion dollars.

On January 20th, 2021, the very day President Joe Biden took the oath of office, Endeavors put out a news release announcing the hiring of Andrew Lorenzen-Strait, a former Immigrations and Customs Enforcement (ICE) official who also served as a Biden transition advisor on Homeland Security issues.

STEPHEN MILLER CALLS OUT BIDEN FOR $87M MIGRANT HOTEL CONTRACT: THIS ‘LOOKS CORRUPT’

Less than two months after Lorenzen-Strait’s arrival, federal records show endeavors entered into a no-bid contract with the Department of Health and Human Services for up to $579 million and another no-bid with Homeland Security for $87 million.

“This is a no-bid contract, and those should be used in only the most extraordinary circumstances,” said Tom Jones of the American Accountability Foundation, a conservative-leaning watchdog organization. “It’s typical and it’s terrible. Both sides do it. It’s why we have a massive budget deficit and a debt going through the roof…There’s scumminess and swampiness on both sides of this but we need to root that out.”

Endeavors declined to answer questions about the contracts but in a statement to Fox News called Lorenzen-Strait “a valued leader on the Endeavors team. He is a recognized expert in migrant child and family welfare who consulted with a variety of for-profit and nonprofit organizations after he left his career in federal government in May 2019”

Immigration and Customs Enforcement declined to answer our specific questions about the scope of its contract with Endeavors but wrote: “The border is not open, and individuals continue to be expelled under the Centers for Disease Control and Prevention’s (CDC) public health authority. The families that come into ICE custody will be housed in a manner consistent with legal requirements for the safety and well-being of children and their parents or guardians.”

The Republicans on the House Oversight Committee sent a letter to Health and Human Services Secretary Xavier Becerra over concerns about the no-bid nature of the contract, for Endeavors, which is sometimes referred to as Family Endeavors.

Drug Cartels 1 Biden Administration 0

Primer: Secretary of State, Tony Blinken is traveling to Costa Rica to meet with several country leaders from Central America.It is said he will discuss regional issues including economic growth, the pandemic and climate change impacts. But wait, what about VP Kamala Harris, where is she? Furthermore, what about the issue of immigration, narcotics trafficking or human smuggling?

Meanwhile, the Biden administration is feckless when it comes to the real issues and solutions, especially the cartels….so read on.

Graphic: Bodies of drug runners, human traffickers ... source

MEXICO CITY (AP) — The notoriously violent Jalisco cartel has responded to Mexico’s “hugs, not bullets” policy with a policy of its own: The cartel kidnapped several members of an elite police force in the state of Guanajuato, tortured them to obtain names and addresses of fellow officers and is now hunting down and killing police at their homes, on their days off, in front of their families.

It is a type of direct attack on officers seldom seen outside of the most gang-plagued nations of Central America and poses the most direct challenge yet to President Andrés Manuel López Obrador’s policy of avoiding violence and rejecting any war on the cartels.

But the cartel has already declared war on the government, aiming to eradicate an elite state force known as the Tactical Group which the gang accuses of treating its members unfairly.

“If you want war, you’ll get a war. We have already shown that we know where you are. We are coming for all of you,” reads a professionally printed banner signed by the cartel and hung on a building in Guanajuato in May. Read more here.

***

Organized crime involving even the police is an integral part of the worsening immigration crisis. Criminal organizations are involved at every stage of the migration process, from motivating migrant departures for the United States to security along human smuggling routes through Mexico, to the mechanisms for entering the United States undetected.

There are two kinds of criminal groups at work here — transnational gangs and transnational criminal organizations. The brutal violence and unchecked extortion perpetrated by transnational gangs in the Northern Triangle (the nations of El Salvador, Honduras and Guatemala), targeting both civilian populations and rival gang members, motivate Central Americans to uproot their lives and families in the hope of a better, safer life in America.

Transnational criminal organizations control, regulate, and tax every land port along the southern border. They also control smuggling routes through Mexico and impose a tax, called a piso, on the smugglers and migrants who use them. These groups control the flow of migrant caravans, strategically diverting Border Patrol resources from sectors of the border that are used to smuggle illegal drugs into the United States.

For those who choose to leave the Northern Triangle for a better life in America, the escape from territory controlled by transnational gangs leads them into territory controlled by the transnational criminal organizations.

In most cases, they use coyotes — human smugglers and traffickers who charge them thousands of dollars. Human smugglers range from independent operators and loose networks to subsidiaries of the transnational criminal organizations themselves.

Beyond what migrants pay up front, as the Associated Press reports, many are kidnapped and tortured “until they reveal the phone numbers of relatives in the United States and holding them for ransom.”

If they can’t pay — or if their families can’t — they’re killed. As one analyst points out, “It’s a long trail of extortions, and it’s a very dangerous journey for all of them.”

The groups also sometimes use migrants as drug mules. They will coerce migrants traveling through their territory into carrying large bags, or mochilas, filled with illegal drugs. Not only does this perpetuate the stream of narcotics into the U.S., it also victimizes migrants, making them desperate to unlawfully enter and remain in the U.S. — even if imprisoned on drug charges — for fear of being killed if they are sent home.

The bottom line is that throwing open our borders — as President Biden has effectively done — only serves to empower these transnational criminal enterprises. His immigration policies aren’t humanitarian; they’re creating more victims.

HHS Shifting $2 Billion to UAC’s Confirms it is a Crisis

Shuffling money to cover for a self-made crisis at the border…..remember President Trump was excoriated for doing the same thing but this is different?

So, we sacrifice the national stockpile for pandemics for the border insurgency? This is $ billion but does that only cover what has already been spent or for the next month or so…inquiring minds want to know the full accounting..

*** The Trump administration is currently housing 12,800 ...

Politico: The Department of Health and Human Services has diverted more than $2 billion meant for other health initiatives toward covering the cost of caring for unaccompanied immigrant children, as the Biden administration grapples with a record influx of migrants on the southern border.

The redirected funds include $850 million that Congress originally allocated to rebuild the nation’s Strategic National Stockpile, the emergency medical reserve strained by the Covid-19 response. Another $850 million is being taken from a pot intended to help expand coronavirus testing, according to three people with knowledge of the matter.

The reshuffling, which HHS detailed to congressional appropriators in notices over the last two months, illustrates the extraordinary financial toll that sheltering more than 20,000 unaccompanied children has taken on the department so far this year, as it scrambled to open emergency housing and add staff and services across the country.

It also could open the administration up to further scrutiny over a border strategy that has dogged President Joe Biden for months, as administration officials struggle to stem the flow of tens of thousands of unaccompanied children into the U.S.

On its own, the $2.13 billion in diverted money exceeds the government’s annual budget for the unaccompanied children program in each of the last two fiscal years. It is also far above the roughly half-billion dollars that the Trump administration shifted in 2018 toward sheltering a migrant child population that had swelled as a result of its strict immigration policies, including separating children from adults at the border.

In addition to transferring money from the Strategic National Stockpile and Covid-19 testing, HHS also has pulled roughly $436 million from a range of existing health initiatives across the department.

“They’ve been in a situation of needing to very rapidly expand capacity, and emergency capacity is much more expensive,” said Mark Greenberg, a senior fellow at the Migration Policy Institute who led HHS’ Administration for Children and Families from 2013 to 2015. “You can’t just say there’s going to be a waiting list or we’re going to shut off intake. There’s literally not a choice.”

HHS spokesperson Mark Weber told POLITICO that the department has worked closely with the Office of Management and Budget to find ways to keep its unaccompanied minor operation funded in the face of rising costs.

“All options are on the table,” he said, adding that HHS has traditionally sought to pull funding from parts of the department where the money is not immediately needed. “This program has relied, year after year, on the transfer of funds.”

Health secretary Xavier Becerra has the ability to shift money among programs within the sprawling department so long as he notifies Congress, an authority that his predecessors have often resorted to during past influxes of migrant children.

But these transfers come as HHS has publicly sought to pump new funds into the Strategic National Stockpile and Covid-19 testing efforts by emphasizing the critical role that both play in the pandemic response and future preparedness efforts.

“The fight against Covid-19 is not yet over,” Becerra testified to a House panel on Wednesday in defense of a budget request that would allocate $905 million for the stockpile. “Even as HHS works to beat this pandemic, we are also preparing for the next public health crisis.”

Becerra later stressed the need to “make sure we’ve got the resources” to replenish the Strategic National Stockpile, which came under scrutiny early in the pandemic after officials discovered it lacked anywhere near the amount of protective equipment and medical supplies needed to respond to the crisis.

“We’ve learned that this is going to be a critical component of being able to respond adequately and quickly to any future health care crisis,” he told Rep. Debbie Dingell (D-Mich.).

In another exchange, Rep. Markwayne Mullin (R-Okla.) repeatedly pressed Becerra over whether HHS would benefit from Congress investing more in other parts of its operation, rather than funding a further expansion of Covid testing. Mullin specifically cited the record numbers of migrant children arriving at the border.

But Becerra batted that suggestion away, telling him that “we have to continue an aggressive testing strategy.”

“We have to continue to make investments to prevent the spread of Covid and its variants,” he said.

Beyond taking funding from the stockpile and Covid testing, Weber could not immediately say what other areas within HHS have been affected. After publication of this article, HHS insisted that additional public health funding Congress allocated as part of a Covid aid bill passed in February could be steered toward the stockpile and supplementing its pandemic response.

Still, funneling money away from existing HHS programs could raise fears of undermining other critical health initiatives and irritate the public health groups and lawmakers who advocate for the funding every year.

The Trump administration faced withering criticism in 2018 for transferring hundreds of millions of dollars meant for biomedical research, HIV/AIDS services and other purposes to cover the expenses tied to an unaccompanied child population that would peak close to 14,000 that year.

That scrutiny was driven in part by bipartisan disapproval over then-President Donald Trump’s “zero tolerance” policy that separated children from their parents, which left HHS with responsibility for carrying out a costly reunification effort.

The Biden administration, by contrast, has moved to unwind several of the Trump era’s most restrictive immigration policies. Yet as it confronts the need to care for an even greater number of migrant children, health groups have bristled at the prospect it could take away from public health priorities even as the U.S. combats a pandemic.

“It is concerning any time funds need to be diverted from their originally intended purpose because of limited resources,” said Erin Morton, executive director of the Coalition for Health Funding. “We have consistently asked our public health system to do more with less and we have underfunded essential programs that today are critical to addressing the multitude of challenges facing the country.”

The transfers could also stretch funding for other programs within HHS’ Administration for Children and Families, which oversees various social services including child care and support for newly arrived refugees.

Biden cited concerns about the strain on the HHS refugee office involved with both aiding refugees and caring for unaccompanied children in his initial refusal to raise the refugee admissions cap from historic lows — a decision he later reversed in the face of swift blowback.

“Obviously this will have a significant impact on the ability of ORR to serve refugees and asylees,” Bob Carey, who ran the Office of Refugee Resettlement from 2015 to 2017, said of the potential need to shift more funding toward sheltering migrant children.

Still, Carey and others defended the transfers as unfortunate yet necessary, and a consequence of the urgent need to get rising numbers of unaccompanied children out of jail-like facilities at the border.

After effectively sealing the southern border last year, the Trump administration never expanded its shelter capacity to the level that HHS has pegged as critical to its preparedness, Greenberg said, leaving the department shorthanded when Biden resumed allowing migrant children into the country.

The pandemic further handicapped HHS, halving its number of available beds due to the need to follow Covid-19 precautions. That forced a scramble to build out a dozen emergency shelters that have historically, on average, cost more than double the amount per day to house each child than it does in licensed facilities.

More than half the migrant children in HHS custody are now housed in emergency shelters, Weber confirmed. And implementing pandemic measures like testing and quarantine areas in shelters has cost HHS at least $850 million in additional expenses alone.

HHS in recent months has additionally agreed to hundreds of millions of dollars in no-bid contracts with an array of emergency response and logistics companies to build out services and staff at the emergency shelters.

“If they had started this year with 16,000 beds instead of 8,000, they could have managed in February and had time to determine how in an orderly way to expand capacity for the very large numbers in March,” Greenberg said. “Fundamentally, it’s this mix of: numbers were greater than expected, capacity was less than needed and there was tremendous pressure to alleviate crowding at [the border].”

Those dynamics are expected to hold for at least the next couple months, as hundreds of new unaccompanied minors arrive at the border daily and are transferred into the health department’s care.

And with no indication so far that the Biden administration will seek new emergency border aid from Congress, that means HHS’ expenses are only likely to balloon further, forcing additional costly transfers within the department.

“It’s going to be expensive,” Carey said. “I can’t think of a situation that’s more complex than this.”