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FY SCAAP 2016: Criminal Aliens $189,008,372.00

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A faithful reader of this website, reached out to me and asked for an update on a previous post. Hat tip for this great reminder. Grrr….when looking at the dollars, it has hard not to jump and down in frustration.

With a little effort in research, the last time the Government Accountability Office did any estimate to the cost of the U.S. economy for all things illegal/immigration related was 2011.

Image result for criminal aliene detention

The cost at the State level fluctuates based on deportations and beds available. The Federal government out of the Justice Department helps pay respective states for the costs of alien incarceration. It must be understood that aliens come from hundreds of countries and since there are some countries that allegedly refuse to take back their citizens by deportation, at least the Justice Department should work all the diplomatic channels that the home countries of the criminals should pay up for all expenses and associated future costs.

Three groups of criminal aliens can be distinguished.

All criminal aliens include both unauthorized aliens, most of whom are potentially removable, and legal aliens10 who may or may not be removable depending on specific crimes committed. This population contains the set of criminal aliens who are removable on the basis of specific crimes committed.

Criminal aliens who have been convicted of removable criminal offenses are subject to removal under the Immigration and Nationality Act (INA) even if they are otherwise legally present.11 For example, a legal permanent resident (LPR) convicted of cocaine possession is subject to removal,12 but an LPR convicted of public intoxication is not. This population also includes aggravated felons.

Criminal aliens who have been convicted of aggravated felonies13 are ineligible for most forms of relief from removal14 and are ineligible to be readmitted to the United States.15

As noted above, all three of these subpopulations—criminal aliens, removable criminal aliens, and aggravated felons—comprise an unknown mix of legally present noncitizens and unauthorized aliens.

State by state and listed by country, click here for what the Bureau of Justice released for FY 2016.

SCAAP Overview

The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers SCAAP, in conjunction with the U.S. Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the reporting period.

SCAAP Legislative Authority

SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322. In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject to additional terms and conditions of yearly congressional appropriations.

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Related reading: OFFICE OF JUSTICE PROGRAMS

ADDITIONAL GUIDANCE REGARDING COMPLIANCE WITH 8 U.S.C. § 1373

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Just a view from the State of Texas for aliens that are not being detained or incarcerated as noted in a report from 2013:

In part from FAIRUS.org: In 2013, illegal immigration cost Texas taxpayers about $12.1 billion annually. That amounts to more than $1,197 for every Texas household headed by a native-born or naturalized U.S. citizen. The taxes paid by illegal aliens — estimated at $1.27 billion per year — do not come close to paying for those outlays, but we include an estimate of revenue from sales taxes, property taxes, alcohol taxes, and cigarette taxes.

Examining Texas’s fiscal outlays from the perspective of the current debate over adopting an amnesty for illegal aliens, we find that the fiscal burden to taxpayers would not be significantly lessened even if an amnesty like that proposed in the Senate’s S.744 were enacted. In fact, it becomes clear that the only way to significantly reduce the fiscal burden is to reduce the size of the population that illegally entered the country. State and local policymakers have options available to accomplish that objective. In Arizona, efforts to discourage the arrival of additional illegal residents and to hold employers accountable for knowingly hiring illegal workers have been effective in reducing the illegal alien population and, thereby, the fiscal costs associated with that population.

 

Foreign Service Personnel Dissent Letter to Pres. Trump

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We heard last week that several top policy people at the State Department left their positions. The State Department has a culture of very lenient diplomacy where few governments are ever disciplined or rebuked for decisions and actions that counter agreements, treaties, human rights and more. Iran is the topic example.

Now we have the next level of State Department personnel that are pushing back hard on President Trump’s Executive Order on suspension of travel visas and travel bans from listed countries. Secretary of State nominee, Rex Tillerson when confirmed will have a rank and file challenge on his hands.

Perhaps those behind the signatures on this dissent letter could answer some questions on the recommendations made by the 9/11 Commission Report where the entire chapter was dedicated to immigration of which every member of Congress, both sides of the aisle signed in approval to accept the recommendations and work to implement. (Pre 9/11 status quo has infected diplomacy again)

Countless foreign service officers have drafted a memo to the White House.

LawFareBlog: Numerous Foreign Service officers and other diplomats have drafted a dissent memo expressing opposition to President Donald Trump’s executive order banning refugees and immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. ABC reported this morning on the draft, which is likely to be submitted today.

Here’s a copy of the actual draft. We are hearing that literally hundreds of foreign service officers are planning to be party to the dissent memo; it’s still unclear exactly how many. We have redacted all names and personally identifiable information from this document.

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(First page on the left) The State Department’s Dissent Channel is a mechanism for employees to confidentially express policy disagreement, created in 1971 as a response to concerns within the Department over the government’s handling of the Vietnam War. Authors of a memo submitted through the Channel, which is open to all regular employees of the State Department and USAID, may not be subject to any penalty or disciplinary action in response. Once a memo is submitted, the Secretary of State’s Policy Planning Staff must acknowledge its receipt within two working days and will usually distribute it to the Secretary of State, the Deputy Secretary of State, the Under Secretary for Political Affairs, the Chairperson of the Open Forum, and, if the memo’s author is employed by USAID, by the head of that agency as well. Taking into account the wishes of the author, the memo may also be distributed more broadly within the State Department and may be done so anonymously.

The ultimate significance of the channel is that memos must receive a substantive response within 30-60 working days

DHS 2016 Report on Immigration Numbers, Staggering

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This report is the year end 2016 of immigration statistics. While anything the Department of Homeland Security under Napolitano or Johnson ever published is suspect, using the numbers they provided is bad enough. It certainly spells out how ugly the world is country by country and the report tell us how bad it is, while one must consider other Western nations have similar reports. This report is over 100 pages and the pages are number by category by year. The reality is staggering.

 

Yearbook_Immigration_Statistics_2015

Statistical data on immigration have been published annually by the U S government since the 1860s Over the years, the federal agencies responsible for reporting on immigration have changed, as have the content, format, and title of the annual publication Currently, immigration data are published in the Yearbook of Immigration Statistics by the Office of Immigration Statistics in the Policy Directorate of the Department of Homeland Security.

The globe has lost all equilibrium and the professionals estimate for this condition to remain for the next ten years. We have yet to have a top down discussion on actually stabilizing countries one by one. And then there is the question of affordability. Can nations continue to finance war, nation building, and chasing terror indefinitely?

Meanwhile, President Trump has called for a ‘safe zone’ in Syria for Syrians seeking protection. He has called for this area to be protected by U.S. Marines. Hummm

*** President Trump envisions using the U.S. military, in conjunction with the State Department, to establish and protect refugee camps in Syria and neighboring countries, according to a draft executive order outlining several steps the new administration intends to take with hopes of preventing future terrorist attacks on American soil.

First obtained and published Wednesday by The Huffington Post, the document alludes to Trump’s controversial calls to prevent people fleeing the war-torn country from entering the United States, and it indicates he wants to see a plan by late April. The objective is to establish “safe zones” — both inside Syria and in neighboring countries — that will be used to “protect vulnerable Syrian populations” while they “await firm settlement” either elsewhere in Syria or in other countries.

Trump wants Defense Secretary James Mattis to coordinate the effort with his counterpart at the State Department, expected to be Rex Tillerson, who is pending Senate confirmation.

executive order terrorA draft executive order circulating on social media Wednesday indicates the U.S. military could be used to establish and secure refugee camps in Syria. (Via Twitter)
A Defense Department official was unable to verify the document’s authenticity. “And even if I were, they appear to be drafts,” said Eric Pahon, a spokesman at the Pentagon. “DoD does not comment on pre-decisional draft documents.” A State Department spokesman referred questions to the White House.

On Wednesday, White House Press Secretary Sean Spicer did not directly address the document but said Trump would discuss the issue at length in the near future.

“The president has talked extensively about extreme vetting,” he said. “And you’ll see more action this week on keeping America safe. This has been something he talked about in the inaugural address. He talked about it in the campaign.

“Allowing people who are from a country that has a propensity to do us harm, [we need] to make sure that we take the necessary steps, to ensure that the people who come to this country, especially areas that have a higher degree of concern, that we take the appropriate steps to make sure that they’re coming to this country for all the right reasons.” More here.
*** Where did this concept come from?

BEIRUT (AP) — The Latest on the Syrian conflict (all times local):

12:20 p.m.

A Turkish official says his country has always supported the idea of safe zones in Syria but would need to review any U.S. plans before commenting.

U.S. President Donald Trump is directing the Pentagon and State Department to produce a plan for safe zones in Syria within 90 days, according to a draft executive order he is expected to sign this week.

Foreign Ministry spokesman Huseyin Muftuoglu told reporters that Turkey has “seen the reports on a request for a study on the safe zone,” adding that “what is important is to see the result of these studies.”

He pointed to the Syrian city of Jarablus, where thousands of Syrians have returned after Turkish-backed opposition forces drove out the Islamic State group, as a good example of what can be achieved.

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11:15 a.m.

The Kremlin says a U.S. plan for safe zones in Syria should be thoroughly considered.

Asked to comment on a draft executive order that President Donald Trump is expected to sign this week, Russian President Vladimir Putin’s spokesman, Dmitry Peskov, underlined the importance to “thoroughly calculate all possible consequences” of the measure. He noted Thursday that “it’s important not to exacerbate the situation with refugees.”

While suspending visas for Syrians and others, the order directs the Pentagon and the State Department to produce a plan for safe zones in Syria and the surrounding area within 90 days.

Safe zones, proposed by both Trump and Democrat Hillary Clinton during the campaign, were considered by the Obama administration years ago and ruled out, in part because of Russia’s air campaign in Syria.

Cruz and Poe Introduce Legislation for States to Reject Refugees

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There is some additional help coming from the Trump administration as President Trump is likely to issue and sign executive order on immigration that will impact visa holders from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. These are worn torn countries where hostilities continue with terror organizations. An issue that still remains however that Trump has not addressed is the asylum seekers.

S. 2363 (114th): State Refugee Security Act of 2015

A bill to amend the Immigration and Nationality Act to permit the Governor of a State to reject the resettlement of a refugee in that State unless there is adequate assurance that the alien does not present a security risk and for other purposes. The 2 page text is here.

New bill from Cruz, Poe would let states reject refugees

WT: Republicans in the House and Senate have introduced legislation that would give governors the power to reject federal efforts to resettle refugees in their states.

The bill from Sen. Ted Cruz and Rep. Ted Poe, both of Texas, is a reaction to years of growing GOP frustration with the Obama administration’s aggressive effort to take in refugees and resettle them across the country. Republicans continue to have doubts that refugees can be vetted to ensure they aren’t Islamic State terrorists.

The State Refugee Security Act would require the federal government to notify states at least 21 days before they seek to settle a refugee. Under the bill, if a state governor certifies that the federal government hasn’t offered enough assurances that the refugee does not pose a security risk, the state can block the resettlement effort.

Poe said the Obama administration’s “open door policy” has forced states to take on refugees without these guarantees, and said states need a way to opt out.

“Until the federal government can conduct thorough security screenings and confirm that there are no security risks, Congress should empower states to be able to protect their citizens by refusing to participate in this program,” he said.

Cruz said the first obligation of the president is to keep Americans safe, and said the bill would be a step in that direction.

“I am encouraged that, unlike the previous administration, one of President Trump‘s top priorities is to defeat radical Islamic terrorism,” he said. “To augment the efforts of the new administration, this legislation I have introduced will reinforce the authority of the states and governors to keep their citizens safe.”

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The Trump White House also has not addressed the issue of criminal deportation of foreign nationals. Each foreign inmate is known to cost the taxpayer an estimated $21,000 per year. Enforcement and removal operations of those illegal foreign nationals now falls to the newly confirmed DHS Secretary Kelly.

FY 2015 ICE Immigration Removals

In addition to its criminal investigative responsibilities, ICE shares responsibility for enforcing the nation’s civil immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). ICE’s role in the immigration enforcement system is focused on two primary missions: (1) the identification and apprehension of criminal aliens and other removable individuals located in the United States; and (2) the detention and removal of those individuals apprehended in the interior of the U.S., as well as those apprehended by CBP officers and agents patrolling our nation’s borders.

In executing these responsibilities, ICE has prioritized its limited resources on the identification and removal of criminal aliens and those apprehended at the border while attempting to unlawfully enter the United States. This report provides an overview of ICE Fiscal Year (FY) 2015 civil immigration enforcement and removal operations. See FY 2015 ICE Immigration Removals Statistics

Expectations of a quick solution and immediate movement to address the immigration matter are misplaced as this will be a long slog of an operation and will take the coordination of several agencies including the U.S. State Department which is presently operating without a Secretary until Rex Tillerson is confirmed and sworn in. The fallout will include a diplomatic challenge which is many cases does need to occur, however other nations such as China and Russia will step in to intrude on the process including those at the United Nations level, falling into the lap of the newly confirmed U.S. Ambassador to the United Nations, Nikki Haley.

The U.S. is out of TPP, NAFTA is under Discussion, Gas Protests

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Getting the United States out of the Transpacific Partnership Pact was merely symbolic. The United States was a member of the pact but the treaty never advanced in legislative action. NAFTA is a matter of discussion and meetings still to come.

Trump signs order withdrawing from TPP, reinstate ‘Mexico City policy’ on abortion

President Donald Trump on Monday will start to unravel the behemoth trade deal he inherited from his predecessor, as he signed an executive action to withdraw from the negotiating process of the Trans-Pacific Partnership.

That executive action sends signals to Democrats and leaders in foreign capitals around the world that Trump’s rhetoric on trade during the campaign is turning into action. Trump vowed during the campaign to withdraw the US from the Pacific trade deal, commonly known as TPP, which he argued was harmful to American workers and manufacturing.
The TPP was negotiated under former President Barack Obama, but never ratified by Congress, so withdrawing from it will not have an immediate, real effect on US economic policies, although it does signal a new and very different US outlook on trade under Trump.
The other executive actions signed Monday included reinstating the Mexico City abortion rules and instituting a hiring freeze for federal agencies. More here from CNN.
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Washington (AFP) – US President Donald Trump pledged Sunday to begin renegotiating the North American Free Trade Agreement in upcoming talks with the leaders of Mexico and Canada.

“We’re meeting with the prime minister of Canada and we will be meeting with the president of Mexico, who I know, and we’re going to start some negotiations having to do with NAFTA,” Trump said while addressing White House staff on his second full day in office.

Trump will receive his Mexican counterpart Enrique Pena Nieto on January 31. No date has been given for a meeting with Canada’s Justin Trudeau, but it is expected “soon,” according to a readout from a call between the two leaders on Saturday.

Trump praised the Mexican leader, saying: “The president has been really very amazing and I think we are going to have a very good result for Mexico, for the United States, for everybody involved. It’s very important.”

*** There is another major issue that has surfaced.

 

Mexico gas protests create havoc at US border crossing

TIJUANA, Mexico –  Protesters took control of vehicle lanes at one of the busiest crossings on the U.S. border Sunday to oppose Mexican gasoline price hikes, waving through motorists into Mexico after Mexican authorities abandoned their posts.

Motorists headed to Mexico zipped by about 50 demonstrators at the Otay Mesa port of entry connecting San Diego and Tijuana, many of them honking to show support. The demonstrators waved signs to protest gas hikes and air other grievances against the government of Mexican President Enrique Pena Nieto.

Other protests closed southbound traffic for hours at the San Diego-Tijuana San Ysidro port of entry, the busiest crossing along the 2,000-mile border, and halted southbound traffic at one of two crossings in Nogales, Arizona. U.S. Customs and Border Protection and California Highway Patrol officers closed southbound Interstate 5 to block access to the San Ysidro crossing, diverting traffic several miles east to the Otay Mesa port of entry.

Inspections were normal for all travelers entering the U.S. from Mexico. CBP officials didn’t immediately respond to a request seeking more information about the impact of the protests.

The demonstrations, which are unrelated to the election of U.S. President Donald Trump, have disrupted Mexican border crossings for weeks. Earlier this month, police in the Mexican state of Sonora fought a pitched three-hour battle to free a border rail crossing at Nogales that had been blocked by people protesting the 20 percent nationwide hike in gasoline prices that took effect on New Year’s Day.

Only a small percentage of motorists entering Mexico from the U.S. are stopped for inspection under normal circumstances, but Sunday’s demonstration gave them an open invitation. Guns and cash from drug sales in the U.S. are often introduced to Mexico by car.

Protesters said Mexican customs officials retreated within minutes after they arrived at the Otay Mesa crossing. About two hours later, a Mexican soldier stood by, but there were few other signs of government presence.

“We’re exercising our right to free speech,” said Brenda Cortez, a 22-year-old college student from Tijuana. “It’s to make sure we are noticed.”