Category Archives: Legislation

Does Sen. Gillibrand Know this About ICE?

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In recent days, Senator Kirsten Gillibrand while wanting to shut down ICE and ‘re-imagine’ the agency has tweeted about silencing women, children with mothers not being allowed to cross the border illegally and then about how real climate change is, perhaps should have her staff research a little further on the duties and work that ICE performs.

Back in July, Senator Gillibrand declared that when the Democrats assume control of Congress, abolishing ICE is the first thing they should do.
Well how about counterfeit goods and websites? Seems she and her staff have no clue.
Over a million websites seized in global operation
Over a million websites seized in global operation
Over a million websites seized in global operation

WASHINGTON – More than 1 million copyright-infringing website domain names selling counterfeit automotive parts, electrical components, personal care items and other fake goods were criminally and civilly seized in the past year through the combined efforts of law-enforcement agencies across the world, high-profile industry representatives and anti-counterfeiting associations.

The ongoing intellectual property enforcement initiative targeting fake websites, dubbed Operation In Our Sites, was facilitated by the National Intellectual Property Rights Coordination Center (IPR Center), a joint-task force agency led by U.S. Immigration and Customs Enforcement. The IPR Center, which stands at the forefront of the U.S. government’s response to IP theft, worked directly with key international law-enforcement authorities and industry organizations representing the electronics sector, luxury brand-name designers, film and entertainment and several entities specializing in apparel and accessories through the major enforcement effort.

Roughly 33,600 website domain names were criminally seized in a collaborative effort between ICE’s Homeland Security Investigations (HSI), Europol, Interpol and police agencies from 26 different countries. Industry partners participating in the operation were fully responsible for civilly seizing 1.21 million domain names and shutting down 2.2 million erroneous ecommerce links featured on social media platforms and third-party marketplaces.

“The IPR Center is committed to supporting enforcement actions that target copyright-infringing websites threatening the health and safety of unsuspecting consumers by offering dangerous counterfeit goods,” said IPR Center Director Alex Khu. “Collaborative efforts with external law enforcement agencies and industry have led to a crackdown on intellectual property theft that negatively impacts economies and funds organizations involved in other criminal activities.”

Investigations led by HSI resulted in the removal of copyright-infringing websites that sold counterfeit airbags and integrated sensors, both commodities that present a potential safety hazard. An investigation based in Louisiana led to the seizure of five website domain names – including Chinaseatbelt.com; Airbagpart.com; Chinasafetybelt.com; Fareurope.com; and Far-europe.com – involved in the sale of fake automotive parts. A joint case between HSI and Department of Defense investigative agencies resulted in the removal of PRBlogics.com, a copyright-infringing website offering counterfeit integrated sensors.

Each year, the market is flooded with counterfeit products being sold at stores, on street corners and online. Additionally, criminals have taken advantage of the internet to deceive, sell and ship fake products directly to American consumers. The most popular counterfeit products seized each year include watches, jewelry, handbags, wallets, wearing apparel/accessories, consumer electronics/parts, pharmaceuticals and personal care products.

The IPR Center – formally codified in the Trade Facilitation and Trade Enforcement Act of 2015 – is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. The center uses the expertise of its 24 member agencies to share information, develop initiatives, coordinate enforcement actions, and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and the warfighters.

Facts on CARA and Pueblo Sin Fronteras

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In Spring 2018, hundreds of migrants from Central America approached the U.S.-Mexico border seeking asylum in the United States and threatening to enter illegally if their request was denied. Pueblo Sin Fronteras organized the caravan in conjunction with the CARA Family Detention Pro Bono Project.[24] [25] The CARA coalition consists of the Catholic Legal Immigration Network, the American Immigration Council, the Refugee and Immigrant Center for Education and Legal Services, and the American Immigration Lawyers Association, all groups advocating for legal status for illegal immigrants and expanded immigration overall.[26]  These organizations have been funded by a number of major left-of-center grantmaking foundations, including the Open Society Foundations, MacArthur Foundation, Ford Foundation, and Carnegie Corporation of New York. [27] The caravan eventually halted in Mexico City on April 4 instead of reaching the United States border.[28]

One year of CARA Pro Bono Project, thousands helped | CLINIC

In a press release released by Pueblo Sin Fronteras on March 23, 2018, the group “demand[ed]” the governments of Mexico and the United States “open the[ir] borders to us because we are as much citizens as the people of the counties where we are and/or travel.” Other demands were “that deportations, which destroy families, come to an end” and “that the U.S. government not end TPS [Temporary Protected Status] for those who need it.” [29] Temporary Protected Status is a status designated by the Secretary of Homeland Security which grants eligible foreign nationals protected status during “extraordinary and temporary conditions.”[30] The demands appear to violate U.S. law, which prohibits behavior by individuals that “encourages or induces an alien to come to, enter, or reside in the United States” illegally.[31]

Alex Mensing is an organizer and program coordinator for Pueblo Sin Fronteras and its affiliates. [34] Mensing has spent a significant amount of time with economic migrants in Central America and organizing illegal immigrant caravans to the United States.[35] According to a 2016 report by the Southern Poverty Law Center (SPLC), Mensing was a staffer for the CARA Family Detention Project, a coalition of left-of-center organizations providing legal aid and representation to illegal immigrants in the United States.[36]

Irineo Mujica, an Arizona-based activist holding dual United States and Mexican citizenship, is a caravan organizer for Pueblo Sin Fronteras.[37] In October 2018, he was arrested by Mexican officials in Ciudad Hidalgo, Mexico, for his involvement in a pro-illegal immigration protest.[38]

Rodrigo Abeja is an activist and organizer for Pueblo Sin Fronteras. He has been involved in at least two caravans from Central America to the U.S. and Mexico.[39] [40] Abeja was identified in a 2013 article by the news group Vice as a representative for the Popular Assembly of Migrant Families, an left-wing organization based in Mexico which organizes migrants to the United States.[41]

Citations found here.

Know the other operatives….

In 2015 the Catholic Legal Immigration Network, the American Immigration Council, the Refugee and Immigrant Center for Education and Legal Services, and the American Immigration Lawyers Association, collectively known as CARA, joined forces in response to Immigration and Customs Enforcement’s (ICE) significant expansion of its family detention capacity. The opening of the “South Texas Family Residential Center” in Dilley, Texas – with an initial capacity of 480 beds and the potential to hold 2,400 individuals – and the detention of families at the “Karnes Residential Center” in Karnes City – with a current capacity of 532 beds and plans to double the number – reflect the Obama Administration’s continuing commitment to the flawed deterrence policy it began in June 2014 with the opening of a temporary family detention center in Artesia, New Mexico.

In early 2016, the pro bono work at the South Texas Family Residential Center became known as the Dilley Pro Bono Project (DPBP). DPBP is a collaboration of the American Immigration Council and other partners. It operates a non-traditional pro bono model of legal services that directly represents detained mothers and children who are fleeing extreme violence in Central America and elsewhere and are seeking asylum in the United States. DPBP is an Immigration Justice Campaign local partner.

The detention of children and their mothers is not only inhumane, but incompatible with a fair legal process. The project builds on the volunteer’s collective experiences providing legal services, running a pro bono project for detained families, training lawyers and BIA accredited representatives, and leading advocacy and litigation efforts to challenge unlawful asylum, detention, and deportation policies.

The volunteers behind CARA are committed to ensuring that detained children and their mothers receive competent, pro bono representation, and developing aggressive, effective advocacy and litigation strategies to end the practice of family detention.

Background

In December 2014, Immigration and Customs Enforcement (ICE) significantly expanded its detention capacity for families (i.e., women with minor children) with the opening of the “South Texas Family Residential Center” in Dilley, Texas. Dilley is a small town located approximately one hour and fifteen minutes southwest of San Antonio. That privately owned detention facility will be the largest family detention center in the United States, with a current capacity of 480 beds and the potential to hold 2,400 individuals.

A few months earlier, ICE converted a detention center in Karnes City—one hour southeast of San Antonio—from an all-male facility into a detention center for children and mothers. Its current capacity is 532 beds, but the private company that owns the facility has already broken ground on a project to double that number.

When the government opened a similar facility in 2014 in Artesia, New Mexico, over 250 individuals, lawyers and non-lawyers alike, traveled there to fight for the rights of these families during the five–month period it was open (July through December 2014). In this new model, volunteers worked in weekly shifts to represent detainees, handing off the client matter to a new attorney each week. Much to everyone’s surprise, however, not only did the model work and grow, but pro bono attorneys continued to be drawn to it. This concept of what some called “lawyer camp” captured the hearts and minds of willing volunteers. Rather than just taking over a paper file handed to them, they were taking over the legal care of a human being desperately needing their help.

The volunteers at CARA are building on the success and volunteer enthusiasm of the Artesia Project. The dedication and sacrifice of the pro bono attorneys demonstrates how open individual attorneys are to this type of service. Primarily, these volunteers hailed from small and solo firms where every billable hour is precious. They left their practices for up to 14 days to head to Artesia to fight for their clients against the unjust machine of family detention. They left their families and purchased plane tickets, paid for rental cars, hotels and meals all on their own, a cost that ran over $1,500 per week, for the opportunity to be part of this amazing pro bono effort representing women and children in the New Mexico desert.

Currently the American Immigration Council, CLINIC, AILA and Texas Rio Grande Legal Aid are coordinating pro bono representation for women and children detained at Dilley. In 2017 alone, the Dilley Pro Bono Project represented more than 12,000 detained families, with a 98 percent success rate.

Since the opening of Karnes in August 2014, RAICES and a team of local and national pro bono attorneys, advocates, and faith-based community members have been representing the women and children at Karnes. In addition to providing significant legal representation and pro se assistance, the Karnes Pro Bono Project created a bond fund that has raised nearly $200,000 in donations to enable women and children to bond out of detention, has met released women and children at the local bus station to assist with transportation to final destinations throughout the United States, and has provided basic supplies (clothing, food, and hygiene products) to families for their journeys outside of Texas.

CLINIC is the supporting organization for the nation’s largest network of nonprofit immigration service providers. Among its activities, CLINIC’s attorneys conduct training and provide technical support on all of the immigration-related legal problems faced by low-income immigrants. The Training and Legal Support Section is staffed with eight attorneys who specialize in a range of subject areas, including asylum, the credible fear standard, Special Immigrant Juvenile Status (SIJS), release from detention, and other relief for those in removal proceedings. CLINIC has authored the seminal book in this area, Representing Clients in Immigration Court, published and sold by AILA. CLINIC staff played an important supportive role in responding to the need for representation of families detained in the Artesia facility. CLINIC staff collectively spent over two months at the facility last summer, immediately after it opened, interviewing clients, coordinating the work of volunteer attorneys, and reporting on conditions.

CLINIC has developed several immigration courses and integrated them into an online format. Last year, in response to the sudden need for representation for minors apprehended at the Mexican border, CLINIC developed and conducted a four-week course, “Representing Unaccompanied Children: What to Do and How to Do It,” and offered it free to over 400 attorneys and BIA-accredited staff. The course is now housed on CLINIC’s website and is available using recorded webinars as an “independent study” for those wanting to learn more about this subject area and improve their skills.

The American Immigration Lawyers Association (AILA) is the national association of more than 14,000 attorneys and law professors who practice and teach immigration law. AILA member attorneys represent U.S. families seeking permanent residence for close family members, as well as U.S. businesses seeking talent from the global marketplace. AILA members also represent foreign students, entertainers, athletes, and asylum seekers, often on a pro bono basis. Founded in 1946, AILA is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 39 chapters and over 50 national committees.

Ending family detention is a national priority of AILA. The CARA pro bono project is part of AILA’s work to end the inhumane treatment of children, women and men seeking asylum in the United States.

 

RAICES (Refugee and Immigrant Center for Education and Legal Services) was founded and incorporated in 1986 under the name of the Refugee Aid Project. During this time, Central Americans flooded into Texas after fleeing the civil wars and social upheavals of El Salvador, Honduras, Guatemala and Nicaragua.

Several churches and religious orders answered the needs of the new arrivals by providing food, clothing, language classes, housing, medical and legal referrals. The agency provided a forum for San Antonians to meet the new arrivals and learn first hand about the situation in Central America. In 2008, RAICES enlarged its office in order to keep pace with its growing staff and programs. Located five minutes from the San Antonio Immigration Court and in the heart of the city’s historic Five Points neighborhood, RAICES continues to provide counsel and representation in a full range of defenses against deportation before the Immigration Court, as well as representation before United States Citizenship and Immigration Services in family-based immigration cases, visas and other affirmative applications.

In its third decade, RAICES has a dedicated team of attorneys, accredited representatives, and legal assistants, in addition to volunteers, student interns and partnering pro bono attorneys.

Since the opening of Karnes in August 2014, RAICES and a team of local and national pro bono attorneys, advocates, and faith-based community members have been representing the women and children at Karnes. In addition to providing significant legal representation and pro se assistance, the Karnes Pro Bono Project created a bond fund that has raised nearly $200,000 in donations to enable women and children to bond out of detention, has met released women and children at the local bus station to assist with transportation to final destinations throughout the United States, and has provided basic supplies (clothing, food, and hygiene products) to families for their journeys outside of Texas.

The American Immigration Council is a non-profit, non-partisan, organization based in Washington D.C. Our legal, education, policy and exchange programs work to strengthen America by honoring our immigrant history and shaping how Americans think and act towards immigration now and in the future.

The American Immigration Council exists to promote the prosperity and cultural richness of our diverse nation by educating citizens about the enduring contributions of America’s immigrants; standing up for sensible and humane immigration policies that reflect American values; insisting that our immigration laws be enacted and implemented in a way that honors fundamental constitutional and human rights; working tirelessly to achieve justice and fairness for immigrants under the law.

The Council’s motto is: Honoring our immigrant past; shaping our immigrant future.

 

The Innovation Law Lab is a Portland, Oregon-based non-profit that provides the technology and data management systems at CARA and offers a limited number of supplemental stipends for individuals traveling to Dilley through its Applied Scholars program. The Law Lab creates innovative strategies that advance the rights, protections, and modes of integration of immigrant communities in the United States by creating capacity within immigrant legal service providers, developing scholarship and research into emerging legal theories, and providing education about the law’s impact on immigrants in the United States.

New Committee Chair Cummings has 64 Subpoenas for Trump

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Yup, Maryland Congressman Elijah Cummings will become the Oversight Committee Chairman in the new Congress and he has readied 64 subpoenas for Trump and his family over conflicting business deals, the hotel and more.

Meanwhile, the democrats are likely going to work to cut funding for the military, ICE and DHS. They will advance legislation to move the Federal minimum wage to $15.00 an hour and will continue to bail out health insurers to save Obamacare.

Ah but this democrat agenda can become more contentious and nasty if the democrats want to play a legal warfare game as the republicans can take some major counter-measures. Of course none of this is really good for the country but as President Trump declared more than once, we will restore law and order and those who violated law should in fact receive a consequence.

So, what should the republicans consider?

  1. Declassify and release all Fast and Furious documents.
  2. Declassify and release all HolyLand Foundation trial documents.
  3. Declassify and release and IRS targeting scandal documents and subpoena emails and documents of Lois Lerner, Eric Holder, Doug Shulman, John Koskinen, Steven T. Miller, Daniel Werfel, Peter Kadzik, Elijah Cummings among others.
  4. Department of Justice to formally open a case on Debbie Wasserman Schultz and the Pakistan IT scandal.
  5. Announce a formal investigation into Dianne Feinstein’s Chinese operative employed in her California office and to demand Feinstein submit her investments in Chinese corporations/organizations.
  6. Defund Planned Parenthood.
  7. Defund Export Import Bank.
  8. Investigate Maxine Waters and her use of campaign funds employing her daughter’s company.
  9. Investigate newly elected congresswoman Debbie Muscarel Powell and her association(s) with Ihor Kolomoisky, a corrupt Ukrainian oligarch.
  10. Open formal investigation into Keith Ellison.
  11. Re-open criminal case against New Jersey Senator Robert Menendez.
  12. Refer Bernie Sanders to the Senate Ethics Committee on loan scandal.
  13. Release all the text messages and emails of Peter Strzok and Lisa Page.
  14. Open a formal and announced investigation into the Clinton Foundation and release what is in the file now.
  15. Need we explain the Hillary email server thing? Git ‘er done.
  16. Comey, McCabe, Ohr, and that crowd with the FISA warrant, communications and the dossier.
  17. Investigate Sheila Jackson Lee’s office for the staffer’s doxxing operation.
  18. How about Uranium One, Rosemont Capital and Vistria?
  19. Then there is John Podesta, Tony Podesta, Huma Abedin, Cheryl Mills and all of that.
  20. But we cannot overlook the tarmac meeting and the role Loretta Lynch and her DoJ played in the coverup.
  21. Benghazi? Was that ever resolved or the billions to Iran?
  22. How about release of details on the side deals or payments for the Taliban 5 and Bergdahl or the Iran nuclear deal? Include Susan Rice and Ben Rhodes in these details.
  23. Release communications on why Obama and the Justice Department canceled Operation Cassandra.
  24. Release full report on John Brennan, former Director of the CIA and his role in ‘spygate’ along his spying on member of the senate.
  25. Declare via Treasury and DHS, ANTIFA a domestic terror organization.
  26. Release all payments made by Office of Compliance due to congressional member’s misconduct.

There of course are many other things to add to this list. You are invited to include some of your own ideas in the comments.

400 Left the Caravan and Arrive in Tijuana

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Defense Secretary Mattis will spend Wednesday visiting the border. Customs and Border Patrol said it will close lanes at the San Ysidron and Otay Mesa crossing to allow the Department of Defense to install barbed wire and position barricades and fencing in the Tijuana region of Baja, California.

The lead or first caravan is expected to arrive in an estimated two weeks with at least three other caravans are making progress heading north in Mexico. More details here.

Meanwhile, Ami Horowitz who is an onsite investigative journalist is traveling with and reporting on the real facts of the caravan. Horowitz has a vast resume of these kinds of investigations on his resume that include corruption at the United Nations and he also travel by boat with Syrian refugees arriving in Greece.

During this adventure by Ami Horowitz he found the following facts:

90-95% are males in the caravan.

There is a substantial logistical transportation operation aiding the migrants with trucks and buses.

Food, water, shelter, medicine, mobile hospitals, doctors and nurses are at each base camp along the way.

Mexican police are often found escorting the caravan.

Mexico is actively working with the United Nations High Commission for Refugees and with UNICEF per the UN contact named Maria Rudi.

It is admitted there are violent and gang member people within the caravan. It takes work to keep them separated from the other members of the caravan daily.

The largest support comes from Pueblo sin Fronteras. This organization has hundreds of volunteers traveling with the caravan as noted in the video. The volunteers hold countless learning sessions with the migrants to teach them about applying for asylum, what a refugees and what their rights are according to U.S. law. United Nations workers are also traveling with the caravan and they along with the Pueblo Sin Fronteras wear vests noting who they are and some also wear badges.

Pueblo sin Fronteras has been reaching out to immigrants and migrants for more than 15 years aiding them to the United States demanding their human rights.On their website they even have a graphic that reads Otay Mesa Detention Resistance for Los Angeles and San Diego.

The leader of Pueblo sin Fronteras is Irineo Mujico. From Phoenix, Mujico was arrested in southern Mexico in October in Cuidad Hidalgo. He was there not as a leader but more as a coordinator of humanitarian assistance. He has been released but he did forfeit documents under the demand of the Mexican police. Mujico is a dual citizen of the United States and Mexico.

Need Your Help on the Feres Doctrine

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Prepare for a little work on your part, it is a fight we need to win.

Reckless medical care, malpractice or malfeasance in the civilian world includes lawsuits and the removal of medical licenses. In the military….any and all active or former military service members can take NO action due to the Feres Doctrine.

OUTRAGEOUS

On newsstands this week photo

In 2002, the Senate Judiciary Committee had a hearing to amend the Feres Doctrine or to at least include waiver language. It went no where.

You can read about that hearing at this link and see who was on the committee at the time.

This has nothing to do with the VA, these are military hospitals wherever they are across the world. The military has sovereign immunity.

From an article in 2017:

Under the Feres doctrine, service members are categorically banned from filing suits for harm incurred while on duty. Period, end of story. There are no exceptions, it is absolute.

Since its creation, courts and commentators have vehemently condemned the Feres doctrine. One of its most ardent critics was Antonin Scalia, the legendary conservative Supreme Court justice. In United States v. Johnson, Justice Scalia wrote that “Feres was wrongly decided and heartily deserves the ‘widespread, almost universal criticism’ it has received.” Yet, the Feres doctrine persists as national policy.

The given justification for the Feres doctrine is the protection of good order and discipline within the military. Without a doubt, commanding officers shouldn’t face the threat of a lawsuit for decisions made in combat or in preparing troops for battle. The Feres doctrine, though, goes too far by banning all suits “incident to service.”

Good order and discipline simply would not be harmed by the suit of a soldier burned due to known faulty wiring in his barracks, or a sexual assault victim, or a soldier who was secretly administered LSD to test its effects, or a Marine who had a towel left in his stomach during a routine procedure. Yet, the Feres doctrine summarily bans each of these suits.

By immunizing the military from civil liability, the Feres doctrine increases abuse of power and corruption by military officials. It is common sense that when officials are not held accountable for their misconduct, they tend to abuse their authority. That is why the Founders split the government’s power into three branches and allowed the courts to review the conduct of the other two branches. Judicial review is a cornerstone of our democracy.

Protected from lawsuits, however, military officials are freed from this constitutional accountability framework. Lawsuits not only allow victims of misconduct to be made whole, they inform the public of governmental wrongdoing. This information flow is critical in a representative democracy, where voters cannot change what they do not know.

*** How about the case of a wife and new mother dying due to malpractice?

On March 9, 2014, Walter Daniel’s wife, Lt. Rebekah Daniel, a Navy nurse stationed at Naval Hospital Bremerton in Washington, gave birth to a healthy baby girl at the facility where she worked. Four hours after the low-risk childbirth, she died due to blood loss.

In court documents, Daniel alleged the care team failed to prevent postpartum hemorrhaging, which caused Rebekah to lose “more than 1,500 ml of blood – nearly one-third of the amount of blood in the average human body” according to a statement put out by the Luvera Law Firm.

*** Now a terminal cancer case of a Green Beret that the hospital saw during an exam and did nothing, even refused to tell him. He has a year to live.

Sgt. 1st Class Richard Stayskal was deployed to Ramadi, Iraq, in 2004 when he was shot by a sniper. The round, which he kept as a souvenir, pierced his left lung and nearly killed him.

The round is “a reminder of how fragile life is,” he told Charlotte’s Fox 46. “Something could change everything in an instant.”

Despite beating the odds of such a grievous wound in combat, something else did change in an instant for the 37-year-old Green Beret when, following a June 2017 visit to a civilian doctor to address severe breathing issues the Army told him was a simple case of pneumonia, he received terrible news.

“Did a biopsy and when I woke up my wife was crying,” Stayskal told Fox 46. “And he [the doctor] was telling her that I had cancer.”

The tumor in Stayskal’s lungs had been egregiously misdiagnosed by Army doctors, the report said, allowing it to double in size and spread to other vital organs — and into stage four terminal lung cancer.

This is a fight we need to win for our war fighters….can you help and call your congress-person or senator and demand a new hearing and amendment to the Feres Doctrine? PLEASE?

There is an unknown number of victims of medical malpractice at military hospitals but does it matter?