Global Blackouts, Anywhere in the World, Courtesy Russia

Fitful sleep last night after reading a very long detailed piece on Russian hackers versus Ukraine. Why, well the same tools and language they use have been found on American infrastructure and systems. Last thoughts before sleep were those of life before the internet and how people get emails with attachments that should never be opened. The short summary is just below. The more detailed and terrifying truth follows. It is a long summary, must be read…it is something like a cyber Hitchcock Twilight Zone disaster thriller, but it happened and happened often.

Image result for cyber war russia and us

Further, during a hearing in the House with former DHS Secretary, Jeh Johnson revealed a couple of key facts. One is told that during the election cycle, when the DNC hack, officials on numerous requests refused assistance, cooperation and discussions with DHS and FBI about foreign cyber intrusions. What was the DNC hiding? The other fact is Obama had the full details in intelligence briefings daily leading into November and December and refused to tell the country about Russian interference. He waited until after the elections and into December to take action. Why?

Okay, read on….

Image result for ukraine blackout CommentaryMagazine

Russia’s New Cyber Weapon Can Cause Blackouts Anywhere in the World

Hackers working with the Russian government have developed a cyber weapon that can disrupt power grids, U.S researchers claim. The cyber weapon has the potential to be absolutely disruptive if used on electronic systems necessary for the daily functioning of American cities.

The malicious software was used to shut down one-fifth of the electric power generated in Kiev, Ukraine last December. Called ‘CrashOverride’ the malware only briefly disrupted the power system but its potential was made clear.

With development, the cyber weapon could easily be used against U.S with devastating effects on transmission and distribution systems.

Sergio Caltagirone, director of threat intelligence for Dragos, a cybersecurity firm that examined the malware said, “It’s the culmination of over a decade of theory and attack scenarios, it’s a game changer.”

Dragos has dubbed the group of hackers who created the bug and used it in Ukraine, Electrum. The group and the virus have also been under scrutiny by cyber intelligence firm, FireEye, headed by John Hultquist. Hultquist’s company has nicknamed the group Sandworm and are keeping watch for clues of another attack.

The news of the malware comes in the middle of the ongoing investigation into Russia’s influence on the recent Presidential election. The Russian government is accused of trying to influence the outcome of the election by hacking hundreds of political organizations and leveraging social media.

While there is no hard evidence yet, U.S. officials believe the disruptive power hackers are closely connected to the Russian Government. U.S. based energy sector experts agree the malware is a huge concern and concede they are seeking ways to combat potential attacks.

“U.S utilities have been enhancing their cybersecurity, but attacker tools like this one pose a very real risk to reliable operation of power systems,”said Michael Assante, who worked at Idaho National Labs and is former chief security officer of the North American Electric Reliability Corporation.

CrashOverride

CrashOverride is only the second known instance of malware specifically designed to destroy or disrupt industrial control systems. The U.S. and Israel worked together to create Stuxnet, a bug designed to disrupt Iran’s nuclear enrichment program.

Robert M. Lee, chief executive of Dragos believes CrashOverride could be manipulated to attack other types of industrial control such as gas or water, though there has been no demonstration of that yet. But the sophistication of the entire operation is undeniable. The hackers had the resources to only develop the malware but to test it too.

The malware works by scanning for critical components that operate circuit breakers, then opening these breakers, which stops the flow of electricity. It continues to keep the circuit breakers open, even if a grid operator tries to close them. CrashOverride also cleverly comes with a “wiper” component that erases the existing software on the computer system that controls the circuit breakers. This forces the grid operator to revert to manual operations, which means a longer and more sustained power outage.

Potential outages could last a few hours and probably not more than a couple of days as U.S. power systems are designed to have high manual override capabilities necessary in extreme weather.

As mentioned above, you need to read the full detailed version here and just how the FBI, global cyber experts at the request of Ukraine worked diligently for accurate attribution to a Russian cyber force intruding on power systems. Hat tip to these experts and the story needs to go mainstream, as we are in a cyber war, the depths impossible to fully comprehend. Ukraine is the target and cyber incubation center for Russian cyber terrorists where they test, review, adapts and keep going without consequence.

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Okay, read it all here. Hat tip for the detailed summary and the people doing quiet investigative cyber work.

 

Illinois is Broke, Don’t Bother with a Lottery Ticket

No wonder the Obama’s chose not to move back….seems that community organizing resulted in a financial collapse…Rahm? You have a call holding on line 3.

Illinois careens into financial meltdown – and not even the lottery is safe

Illinois is grappling with a full-fledged financial crisis and not even the lottery is safe – with Republican Gov. Bruce Rauner warning the state is entering “banana republic” territory.

Facing billions in unpaid bills and pension obligations, the state is hitting a cash crunch that is rare even by Illinois standards.

A top financial official just warned 100 percent of the state’s monthly revenue will be eaten up by court-ordered payments. Rauner is calling a special session of the Democrat-led General Assembly in a bid to pass what he hopes will be the first full budget package in almost three years.

And Illinois will – literally – lose the lottery if the budget fails.

The state lotto requires a payment from the legislature each year. The current appropriation expires June 30, meaning no authority to pay prizes. In anticipation of a budget deadlock, the state already is planning to halt Powerball and Mega Millions sales.

“It is disappointing that the legislature’s inability to pass a budget has led to this development and will result in Illinois lottery players being denied the opportunity to play these popular games,” Illinois Lottery Acting Director Greg Smith told Fox News.

“We’re like a banana republic,” Rauner said earlier this month, after the General Assembly failed, yet again, to pass a budget package by the regular session deadline. “We can’t manage our money.”

Image result for headlines illinois bankrupt

The governor has called for a special session starting Wednesday. The state so far is operating on a series of stopgap spending packages.

But the problems are years in the making, caused in large in part by the state’s poorly funded pension system— which led Moody’s Investors Services to downgrade the credit rating to the lowest of any state. The state currently has $130 billion in unfunded pension obligations, and a backlog of unpaid bills worth $13 billion.

Reports have suggested the state could be the first to attempt to declare Chapter 9 bankruptcy — but under the law, that’s impossible unless Congress gets involved.

“Nobody here in Illinois is considering bankruptcy—first of all, it’s not allowed,” said Steve Brown, press secretary for Illinois House Speaker Michael Madigan. “Second of all, it would damage the reputation of the state and it’s just not necessary.”

U.S. Sens. Dick Durbin and Tammy Duckworth, both Democrats from Illinois, declined to respond to Fox News’ request for comment on whether they would consider getting involved in introducing a measure allowing state bankruptcy.

“Illinois is the fiscal model of what not to do,” Rep. Peter Roskam, R-Ill., told Fox News, while not commenting on the bankruptcy question. “This avoidance in behavior toward dealing with our challenges is what leads to the devastating impacts we are seeing today.”

Just last week, the Illinois comptroller, who is responsible for paying the state’s bills, warned the office would be paying out 100 percent of Illinois’ monthly revenue, leaving negative funds for “discretionary spending. ”

But Rauner claims the Republicans have a new plan that could remedy the state’s crippling financial situation.

“Republicans in the General Assembly have laid out a compromise budget that I can sign,” Rauner said, calling it a “true compromise.”

The plan incorporates reforms like property tax relief, term limits, and spending caps, which have caused an “ongoing confrontation” between Madigan and the governor, one Republican leader told Fox News, adding that the two have been in a “stalemate” since Rauner took office two years ago.

“Gov. Rauner inherited this financial mess when he took office, and his proposals have been met by resentment from the speaker,” Deputy House Republican Leader Dan Brady said.

Brady added, “we are asking that the speaker allow for a date and a vote before June 30.”

But Brown told Fox News  the governor isn’t making enough concessions.

“He’s not walking many back—the financial issues are serious enough, and he’s forcing things that have nothing to do with state government,” Brown said. “The biggest problem here is that the governor keeps associating a lot of things that do not have anything to do with the budget.”

Rauner has pushed for structural reforms, government consolidation and pension reform—some components that were able to pass on the Senate side.

“The people and businesses of Illinois deserve stability, not this ongoing chaos,” Senate President John J. Cullerton, a Democrat, told Fox News. The Illinois State Senate approved a balanced budget before the initial May 31 deadline that “matches” the governor’s spending proposal.

If the General Assembly fails to pass a budget package, they do have an option to pass another stopgap package, which lawmakers say is an option, but “not a good one.”

“We have a very real deadline looming,” Senate Republican Leader Christine Radogno told Fox News. “The alternative to not finding a compromise will be devastating to Illinois.”

The Associated Press contributed to this report. 

Why is China Protecting North Korea? Reasons Abound

Primer:

The United States Computer Emergency Readiness Team (US-CERT) issued a technical alert about the activity of the North Korea’s ‘Hidden Cobra’ APT group.
The joint Technical Alert (TA) report is the result of the efforts between of the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI).

The US Government has tracked the hacker group as Hidden Cobra, but the APT is most popular as the Lazarus APT Group.

The activity of the Lazarus Group surged in 2014 and 2015, its members used mostly custom-tailored malware in their attacks and experts that investigated on the crew consider it highly sophisticated.

This threat actor has been active since at least 2009, possibly as early as 2007, and it was involved in both cyber espionage campaigns and sabotage activities aimed to destroy data and disrupt systems.  Security researchers discovered that North Korean Lazarus APT group was behind recent attacks on banks, including the Bangladesh cyber heist.

According to security experts, the group was behind, other large-scale cyber espionage campaigns against targets worldwide, including the Troy Operation, the DarkSeoul Operation, and the Sony Picture hack.

The joint alert from the FBI and the DHS further details on the group, including indicators of compromise (IoC) for its DeltaCharlie botnet involved in the “Operation Blockbuster” to power DDoS attacks. More here.

*** Most of North Korea’s cyber operations are located in China hosted on Chinese communications internet/communications platforms. It is espionage of an epic standard. But let us go deeper.

Related reading: The North Korea-Cuba Connection including arms sales

Related reading: DPRK-Cuba relations showcase mutual support and solidarity 

(Remember, Obama removed Cuba in 2015 from the terror list as a means to establish the process to normalize relations)

 

*** Image result for north korea minerals

Few think of North Korea as being a prosperous nation. But it is rich in one regard: mineral resources.

Currently North Korea is alarming neighbors with its frequent missile tests, and the US with its attempts to field long-range nuclear missiles that can hit American cities. A sixth nuclear test could be imminent. An attack on the US or its allies would be suicidal, so Pyongyang probably aims to extract “aid” from the international community in exchange for dismantling some of its weaponry—rewind about 10 years to see the last time it pulled off the old “nuclear blackmail” trick.

 AP

But however much North Korea could extract from other nations that way, the result would pale in comparison to the value of its largely untapped underground resources.

Below the nation’s mostly mountainous surface are vast mineral reserves, including iron, gold, magnesite, zinc, copper, limestone, molybdenum, graphite, and more—all told about 200 kinds of minerals. Also present are large amounts of rare earth metals, which factories in nearby countries need to make smartphones and other high-tech products.

Image result for north korea minerals NKNews

Estimates as to the value of the nation’s mineral resources have varied greatly over the years, made difficult by secrecy and lack of access. North Korea itself has made what are likely exaggerated claims about them. According to one estimate from a South Korean state-owned mining company, they’re worth over $6 trillion. Another from a South Korean research institute puts the amount closer to $10 trillion.

State of neglect

North Korea has prioritized its mining sector since the 1970s (pdf, p. 31). But while mining production increased until about 1990—iron ore production peaked in 1985—after that it started to decline. A count in 2012 put the number of mines in the country at about 700 (pdf, p. 2). Many, though, have been poorly run and are in a state of neglect. The nation lacks the equipment, expertise, and even basic infrastructure to properly tap into the jackpot that waits in the ground.

In April, Lloyd R. Vasey, a senior adviser at the Center for Strategic and International Studies, noted that:

North Korean mining production has decreased significantly since the early 1990s. It is likely that the average operational rate of existing mine facilities is below 30 per cent of capacity. There is a shortage of mining equipment and North Korea is unable to purchase new equipment due to its dire economic situation, the energy shortage and the age and generally poor condition of the power grid.

It doesn’t help that private mining is illegal in communist North Korea, as are private enterprises in general (at least technically). Or that the ruling regime, now led by third-generation dictator Kim Jong-un, has been known to, seemingly on a whim, kick out foreign mining companies it’s allowed in, or suddenly change the terms of agreements.

Despite all this, the nation is so blessed with underground resources that mining makes up roughly 14% of the economy.

A “cash cow”

China is the sector’s main customer. Last September, South Korea’s state-run Korea Development Institute said that the mineral trade between North Korea and China remains a “cash cow” for Pyongyang despite UN sanctions, and that it accounted for 54% (paywall) of the North’s total trade volume to China in the first half of 2016. In 2015 China imported $73 million in iron ore from North Korea, and $680,000 worth of zincin the first quarter of this year.

North Korea has been particularly active in coal mining in recent years. In 2015 China imported about $1 billion worth of coal from North Korea. Coal is especially appealing because it can be mined with relatively simple equipment. Large deposits of the stuff are located near major ports and the border with China, making the nation’s bad transportation infrastructure less of an issue.

For years Chinese buyers have purchased coal from North Korea at far below the market rate. As of last summer, coal shipments to China accounted for about 40% (paywall) of all North Korean exports. But global demand for coal is declining as alternatives like natural gas and renewables gain momentum, and earlier this year Beijing, in line with UN sanctions, began restricting coal imports from its neighbor.

The sanctions game

After North Korea conducted its first nuclear test in 2006, the UN began imposing ever stronger sanctions against it. Last year the nation’s underground resources became a focus. In November 2016, the UN passed a resolution capping North Korea’s coal exports and banning shipments of nickel, copper, zinc, and silver. That followed a resolution in March 2016 banning the export (pdf) of gold, vanadium, titanium, and rare earth metals.

The resolutions targeting the mining sector could hurt the Kim regime. Before they were issued, a 2014 report on the country’s mining sector by the United States Geological Survey noted that (pdf, p. 3), “The mining sector in North Korea is not directly subject to international economic sanctions and is, therefore, the only legal, lucrative source of investment trade available to the country.”

That is no longer the case.

Of course, Pyongyang has grown adept at evading such sanctions, especially through shipping. Glimpses of its covert activities come from occasional interceptions of vessels. Last August Egyptian authorities boarded a ship laden with 2,300 tons (2,087 metric tons) of iron ore heading from North Korea to the Suez Canal (they also found 30,000 rocket-propelled grenades below the ore).

Earlier this year a group of UN experts concluded that North Korea, despite sanctions, continues to export banned minerals. They determined, as well, that North Korea uses another mineral—gold—along with cash to “entirely circumvent the formal financial sector.”

Interested neighbors

Meanwhile China’s overall trade with North Korea actually increased 37.4% (paywall) in the first quarter compared to the same period last year. Its imports of iron ore from North Korea shot up 270% in January and February from a year ago. Coal dropped 51.6%.

North Korea’s neighbors have long had their eyes on its bonanza of mineral wealth. About five years ago China spent some $10 billion on an infrastructure project near the border with North Korea, primarily to give it easier access to the mineral resources. Conveniently North Korea’s largest iron ore deposits, in Musan County, are right by the border. An analysis of satellite images published last October by 38 North, a website affiliated with Johns Hopkins University, showed mining activity was alive and well in the area.

China particularly covets North Korea’s rare earth minerals. Pyongyang knows this. It punished Beijing in March by suspending exports of the metals to China in retaliation for the coal trade restrictions.

Meanwhile Russia, which also shares a (smaller) border with North Korea, in 2014 developed plans to overhaul North Korea’s rail network in exchange for access to the country’s mineral resources. That particular plan lost steam (pdf, p. 8), but the general sentiment is still alive.

But South Korea has its own plans for the mineral resources. It sees them as a way to help pay for reunification (should it finally come to pass), which is expected to take decades and cost hundreds of billions or even trillions of dollars. (Germany knows a few things about that.) Overhauling the North’s decrepit infrastructure, including the aging railway line, will be part of the enormous bill.

In May, South Korea’s Ministry of Land, Infrastructure and Transport invited companies to submit bids on possible infrastructure projects in North Korea, especially ones regarding the mining sector. It argued that (paywall) the underground resources could “cover the expense of repairing the North’s poor infrastructure.”

It was, of course, jumping the gun a bit. For now South Korea—and the world—is stuck with a bully in the mineral-blessed North.

***

China is undergoing a major military build up around the world and has even included collaboration with Pakistan.

The new assessment focuses instead on the buildup on Spratly Islands, noting that previous year the Mischief, Subi and Fiery Cross Reefs, three of the largest outposts, saw the construction of 24 administration buildings, barracks, fixed weapons positions, communication facilities and fighter-sized hangars by China, each of them with runways 8,800 feet long.

While the report notes that China has not undertaken any new land reclamation projects on disputed features in the South China Sea during 2016, it did accuse China of further militarizing the contested Spratly Islands via the construction of 24 hangars capable of housing fighter aircraft, fixed weapons positions, barracks and communication facilities.

Beijing has opposed the deployment of a U.S. missile shield in South Korea to defend against attacks from North Korea, in part because it says it could be used to counter China’s capabilities.

Meanwhile Pakistan itself has not made any comments about this statement.

Published Tuesday, the Pentagon report estimated that China spent US$180 billion previous year on its military – the world’s largest – a figure well over the country’s official US$140 billion defence budget.

The report made “irresponsible remarks on China’s national defense development and reasonable actions in defending our territorial sovereignty and security interests in disregard of the facts“, foreign ministry spokeswoman Hua Chunying told reporters yesterday.

China likely will seek to establish additional military bases in countries with which it has longstanding, friendly relationships“, the report predicts.

China has cited anti-piracy patrolling as one of the reasons for developing what it calls a naval logistics center in Djibouti.

“China’s expanding global economic interests are increasing demands for the [Chinese Navy] to operate in more distant maritime environments to protect Chinese citizens, investments, and critical sea lines of communication”, the report reads.

The defence ministry in a statement refuted the U.S. assessment, saying “China is not doing any military expansion and does not seek a sphere of influence”. Pakistan has also emerged as the biggest market for Chinese arms exports, a focus area in Beijing’s expansion plans, the report titled “Military and Security Developments Involving the People’s Republic of China 2017″, said. He harshly criticized China’s construction in the South China Sea and became the first member of President Donald Trump’s cabinet to lay out a comprehensive strategy on Asia. That region accounted for almost half of China’s over $20 billion in arms exports from 2011 to 2015.

Countries including Pakistan and Afghanistan welcome it as a path out of poverty. “To support this modernisation, China uses a variety of methods to acquire foreign military and dual-use technologies, including cyber theft, targeted foreign direct investment and exploitation of the access of private Chinese nationals to such technologies”, the report said.

Regarding the Senkaku Islands, a group of East China Sea islets controlled by Japan but claimed by the mainland and Taiwan, the Pentagon said that previous year Beijing continued to use law-enforcement ships and aircraft to “patrol” near the islands in an attempt to undermine Japan’s administration of them.

China has also always been a strong military, economic, and diplomatic supporter of Pakistan and is considered Islamabad’s largest trade and defense partner.

At Least 34 Years of Immigration Debate, Loopholes and Dollars

Image result for executive office of immigration review

The proposed Department of Justice budget request for 2018 for the Executive Office of Immigration is $421.5 million and includes 2600 employees with 831 lawyers. Judges assigned to immigration courts are being hired, shuffled around the country and have in some areas have a five year base backlog.

Image result for immigration court FoxLatino

The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined the Board of Immigration Appeals (BIA or Board) with the Immigration Judge function previously performed by the former Immigration and Naturalization Service (INS) (now part of the Department of Homeland Security). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of Federal immigration laws. The Office of the Chief Administrative Hearing Officer (OCAHO) was added in 1987. In 2013, EOIR observed its 30th anniversary.

EOIR is also separate from the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ Civil Rights Division and the Office of Immigration Litigation in the DOJ Civil Division.

As an office within the Department of Justice, EOIR is headed by a Director who reports directly to the Deputy Attorney General. Its headquarters are located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.

New York City Law Creates Loophole To Avoid Deporting Criminal Illegal Immigrants

A New York City law that reclassifies several low-level offenses as non-criminal went into effect Tuesday, allowing citizen offenders to keep clean records and illegal immigrant offenders to potentially avoid deportation.

The law, passed by the city council and signed by Mayor Bill de Blasio in 2016, allows police to classify trial summonses for petty crimes as civil summonses, rather than criminal summonses. The change would affect crimes including public urination and drinking and staying in the park after dark, DNA Info reports. The change critically affects the impact of an executive order from President Donald Trump this spring ordering the deportation of illegal immigrants convicted of crimes.

Under the new law, illegal immigrants convicted of these crimes would receive a civil rather than criminal summons, which frees local law enforcement from the obligation of reporting the offender’s immigration status to Immigration and Customs Enforcement (ICE).

The law would affect cases such as Alejandro Luna, a former gang member and an illegal immigrant caught in central park after dark June 5 who now faces deportation. This would be Luna’s second deportation, the first came in 2006 after he was convicted of home-invasion and robbery. He then illegally entered the country again only to be detained on the June 5 park offense. More here.

Image result for sanctuary cities

***

Illegals presently have access to government funded healthcare. However:

The ‘Verify First Act’ by Rep. Lou Barletta (R-PA) would subsequently end American taxpayer-funded money going to illegal aliens in the form of healthcare insurance credits. The plan is being supported by NumbersUSA, a group which has staunchly advocated for Trump’s America First agenda.

“We applaud Rep. Lou Barletta for introducing the Verify First Act to ensure that illegal aliens cannot qualify for taxpayer-funded health insurance credits,” NumbersUSA Peter Robbio said in a statement. “We are grateful that the Ways and Means Committee and House Republican Leadership agreed to move this important bill forward.”

Since Obamacare’s enactment, illegal immigrants received more than $700 million in healthcare insurance credits by 2015, according to the Senate Committee on Homeland Security and Governmental Affairs.

In Barletta’s plan, healthcare insurance recipients through the American Health Care Act (AHCA) would have their citizenship and immigration statuses verified by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). More here.

***

In part: Traditional sanctuary policies are often described as falling under one of three categories. First, so-called “don’t enforce” policies generally bar the state or local police from assisting federal immigration authorities. Second, “don’t ask” policies generally bar certain state or local officials from inquiring into a person’s immigration status. Third, “don’t tell” policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities.

State or local measures limiting police participation in immigration enforcement are not a recent phenomenon. Indeed, many of the recent “sanctuary”-type initiatives can be traced back to

activities carried out by churches that provided refuge—or “sanctuary”—to unauthorized Central American aliens fleeing civil unrest in the 1980s.13 A number of states and municipalities issued declarations in support of these churches’ actions.14 Others went further and enacted more substantive measures intended to limit police involvement in federal immigration enforcement activities.15 These measures have included, among other things, restricting state and local police from arresting persons for immigration violations, limiting the sharing of immigration-related information with federal authorities, and barring police from questioning a person about his or her immigration status.16

Still, there is no official definition of a “sanctuary” jurisdiction in federal statute or regulation.17 Broadly speaking, sanctuary jurisdictions are commonly understood to be those that have laws or policies designed to substantially limit involvement in federal immigration enforcement activities,18 though there is not necessarily a consensus as to the meaning of this term.19 Some jurisdictions have self-identified as sanctuary cities.

The federal government’s power to regulate immigration is both substantial and exclusive.23 This authority is derived from multiple sources, including Congress’s Article I powers to “establish a uniform Rule of Naturalization” and “regulate commerce with foreign nations, and among the several states,”24 as well as the federal government’s “inherent power as a sovereign to conduct relations with foreign nations.”

The Supreme Court’s 2012 ruling in Arizona v. United States—which invalidated several Arizona laws designed “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States”28 as preempted by federal law—reinforced the federal government’s pervasive role in creating and enforcing the nation’s immigration laws.29 “The Government of the United States,” the Court said, “has broad, undoubted power over the subject of immigration and the status of aliens.”30

Yet despite the federal government’s sweeping authority over immigration, the Supreme Court has cautioned that not “every state enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted” by the federal government’s exclusive power over immigration.39 Accordingly, in Arizona the Supreme Court reiterated that, “[i]n preemption analysis, courts should assume that the historic police powers of the States are not superseded unless that was the clear and manifest purpose of Congress.”40 For example, in Chamber of Commerce of the U.S. v. Whiting, the Supreme Court upheld an Arizona law—related to the states’ “broad authority under their police powers to regulate the employment relationship to protect workers within the State”41—that authorized the revocation of licenses held by state employers that knowingly or intentionally employ unauthorized aliens.42 Even though the Immigration Reform and Control Act of 1986 (IRCA) expressly preempted “any State or local law imposing civil or criminal sanctions … upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” the Supreme Court concluded that Arizona’s law fit within IRCA’s savings clause for state licensing regimes and thus was not preempted.43

Accordingly, based on current jurisprudence, federal measures that impose direct requirements on state or municipal authorities appear most likely to withstand an anti-commandeering challenge if they (1) are not directed at a state’s regulation of the activities of private parties; and (2) apply to the activities of private parties as well as government actors.

Finally, Congress does not violate the Tenth Amendment when it uses its broad authority to enact legislation for the “general welfare” through its spending power,62 including by placing

conditions on funds distributed to the states that require those accepting the funds to take certain actions that Congress otherwise could not directly compel the states to perform.63 However, Congress cannot impose a financial condition that is “so coercive as to pass the point at which ‘pressure turns into compulsion.’”64 For example, in National Federation of Independent Business v. Sebelius, the Supreme Court struck down a provision of the Patient Protection and Affordable Care Act of 2010 (ACA) that purported to withhold Medicaid funding to states that did not expand their Medicaid programs.65 The Court found that the financial conditions placed on the states in the ACA (withholding all federal Medicaid funding, which, according to the Court, typically totals about 20% of a state’s entire budget) were akin to “a gun to the head” and thus unlawfully coercive.66

violations of federal immigration law may be criminal or civil in nature, with alien removal understood to be a civil proceeding.71 Some immigration-related conduct potentially constitutes a removable offense and also may be subject to criminal sanction. For example, an alien who knowingly enters the United States without authorization is not only potentially subject to removal,72 but could also be charged with the criminal offense of unlawful entry.73 Other violations of the INA are exclusively criminal or civil in nature. Notably, an alien’s unauthorized immigration status makes him or her removable, but absent additional factors (e.g., having reentered the United States after being formally removed),74 unlawful presence on its own is not a criminal offense.

Some jurisdictions have adopted measures that restrict or bar police officers from making arrests for violations of federal immigration law. In some jurisdictions restrictions prohibit police from detaining or arresting aliens for civil violations of federal immigration law, like unlawful presence.75 Other jurisdictions prohibit police from making arrests for some criminal violations of federal immigration law, like unlawful entry.76 Still others prohibit assisting federal immigration authorities with investigating or arresting persons for civil or criminal violations of U.S. immigration laws.77 And some other jurisdictions have prohibitions that are broader in scope, such as a general statement that immigration enforcement is the province of federal immigration authorities, rather than that of local law enforcement.

Some states and localities have restricted government agencies or employees from sharing information with federal immigration authorities, primarily to prevent federal authorities from using the information to identify and apprehend unlawfully present aliens for removal.88 For instance, some jurisdictions prohibit law enforcement from notifying federal immigration authorities about the release status of incarcerated aliens, unless the alien has been convicted of certain felonies.89 Similarly, other jurisdictions prohibit their employees from disclosing information about an individual’s immigration status unless the alien is suspected of engaging in illegal activity that is separate from unlawful immigration status.90 Some jurisdictions restrict disclosing information except as required by federal law91—sometimes referred to as a “savings clause”—although it appears that the Department of Justice has interpreted those provisions as conflicting with federal information-sharing provisions. For the full summary and context with access to footnotes, go here.

Obamacare Rising Costs Here and Details of New Proposal

Brady: “Obamacare is imploding, and we’re just seeing prices skyrocket”

Our health care system continues to deteriorate under Obamacare. Americans are facing fewer choices, higher costs, and less access to the care they need. Just look at the news from last week:

  • Premiums have more than doubled under Obamacare. According to data from the previous Administration, millions of Americans are now paying twice as much—on average $3,000 more—for insurance on the individual marketplaces than they were in 2013.
  • 25 more counties will have zero Obamacare insurance options. The last Obamacare insurer in parts of Missouri, Blue Cross Blue Shield of Kansas City, announced its decision to withdraw from Obamacare’s individual marketplace in 2018. That leaves hundreds of thousands more Americans with few, if any, places to turn for coverage.

Describing the urgent need to repeal and replace Obamacare, economist Stephen Moore wrote in The Washington Times:

“If we stay with Obamacare, within a few years tens of millions will have no insurance at all that is even remotely affordable. Aetna, Humana, and other major insurers in just recent months have fled Obamacare. The Titanic has hit the iceberg and it is rapidly sinking … Here’s a prediction: by the end of the year we could have nearly half the country without insurers if this spiral continues.”

House Republicans took action to rescue the American people from this failing law by passing the American Health Care Act, which the Congressional Budget Office confirmed:

  • Lowers average premiums in the individual marketplace by 4 to 30 percent or more, depending on the state.
  • Delivers nearly $1 trillion of relief from Obamacare taxes.
  • Provides individuals and families freedom to choose a health care plan that is right for them.Obamacare keeps wreaking havoc across the country:
    • Major insurers continue to abandon the individual insurance market in different states, making it more difficult for Americans to access coverage.
    • Humana and Aetna announced they would withdraw from Obamacare’s individual exchanges entirely in 2018.
    • The last remaining insurer in Iowa could exit the exchanges next year—leaving families in 94 out of 99 counties without a single insurer to turn to for their coverage.
    • Connecticut, Maryland, New York, Oregon, and Virginia have already projected double-digit premium rate increases for next year.

    As Ways and Means Republicans explain, Obamacare’s latest failures underscore the urgent need for the American Health Care Act—legislation passed by the House to fix our broken health care system:

    On Delivering Relief from Obamacare

    Rep. Diane Black (R-TN), Budget Committee Chairman, in RealClearPoliticsObamacare is a disaster, and in Tennessee, its collapse is creating dire circumstances for our citizens. Massive premium increases are making insurance unaffordable for more and more Tennesseans and rising deductibles are making it harder to get health care, even for those who have insurance. Doing nothing is not an option. Congress has taken the first step to keep our promise of repealing and replacing Obamacare.” 

    Rep. Kevin Brady (R-TX), Ways and Means Committee Chairman, in the Conroe Courier“Although this is just the first step, it is a giant pivot in the right direction so that Americans no longer have to struggle under the $1 trillion in tax hikes brought on by Obamacare. Under the bill, Americans, especially small businesses, will no longer be forced to buy healthcare they do not want or cannot afford.” 

    Rep. Jackie Walorski (R-IN) in the South Bend Tribune“Obamacare came with a lot of promises. But these promises were broken, and now many Hoosiers face higher premiums, fewer options, and a collapsing system … [AHCA] rescues Americans from the instability of Obamacare and begins a stable transition to a better system. It will lower premiums and strengthen markets so patients have real options they can actually afford. It will empower patients, not bureaucrats, to make health care decisions.”

    On Protecting Patients with Pre-Existing Conditions

    Rep. Erik Paulsen (R-MN) in the Minneapolis Star Tribune“Nothing in this bill would allow an insurance company to deny someone coverage, including to those with a preexisting condition. Nothing would allow an insurance company to cancel someone’s insurance policy should they become sick. Despite claims from opponents, the bill does not classify sexual assault as a preexisting condition. For those who maintain continuous coverage, the bill does not allow insurance companies to charge an individual more simply because they have a preexisting condition. It’s also worth noting that this bill includes $138 billion to assist states in making sure everyone, including those with preexisting conditions, has access to high-quality, affordable health care.” 

    Rep. Adrian Smith (R-NE) in the Grand Island Independent“I firmly believe we can protect access to care for those with preexisting conditions while lowering costs for the millions of Americans currently facing premiums and deductibles they cannot afford. Passing the American Health Care Act in the House was the first step, and we will continue our work in Congress to revive the health care marketplace.”

    Rep. Jackie Walorski (R-IN) in the South Bend Tribune“This bill maintains critical protections for patients with pre-existing conditions. I have always said any replacement must protect these patients, and we make sure no one can be denied coverage due to a pre-existing condition. States can obtain a waiver of some individual and small group insurance regulations to help lower premiums or increase the number of people with coverage, as long as they implement plans—such as high risk pools—to ensure affordable coverage for those with costly medical conditions. Under these waivers, insurers can only charge high-risk patients more if they have a two-month lapse in coverage, and the bill dedicates $8 billion to help patients in such situations.” 

    On Putting the American People Back in Control of Their Care

    Rep. Carlos Curbelo (R-FL) in the Miami Herald“I made a promise that I would fight for better healthcare for our country, for a market-based system where Americans, not special interests, are in control and can make the best healthcare choices for themselves and their families. The legislation before Congress today gets us closer to such a system.”

    Rep. Erik Paulsen (R-MN) in the Minneapolis Star Tribune“[This debate] is about Nyla, a recently widowed mother of four who saw her premiums jump to $1,000 per month with a $13,000 deductible… this debate is about Taryn, who, after being diagnosed with a brain tumor, suddenly had her plan canceled when her insurer pulled out of the market … [AHCA] is aimed at addressing many of the shortcomings of the ACA by stabilizing insurance markets and beginning to bring down premiums. Rather than the one-size-fits-all Washington approach, we can empower states and consumers to take control of their own health care outcomes.”

    CLICK HERE to read Ways and Means Committee Chairman Brady’s statement on the AHCA.

    CLICK HERE to read a summary of the AHCA.

    CLICK HERE to read the section-by-section description of the AHCA.