Category Archives: Obamacare

Testimony Confirms Obamacare Lies

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As Jonathan Gruber will tell you, the MIT economist helped to write ObamaCare and remains one of its fiercest defenders. So it’s no surprise that on Friday the Web was full of chatter that Mr. Gruber had at least twice made public assertions that support the latest legal challenge to the health law.

The D.C. Circuit Court of Appeals ruled last week in Halbig v. Burwell that the plain language of ObamaCare says that subsidies for health insurance can only be delivered through state, not federal, exchanges. The Administration claims this ignores the clear intent of the law, but someone didn’t tell Mr. Gruber.

Now this case takes us to present day Congressional testimony where the esteemed MIT professor tells us they were able to sell Obamacare because of lack of transparency and mostly because America is stupid. Wait until the Supreme Court receives this testimony….or not.

We are stupid, we have been played and punked by the Obama administration on Obamacare and is thousands of cases it was a deadly position to be in.

Obamacare Architect: “Lack of Transparency” Helped Law Pass

The esteemed college professor who served as one of Obamacare’s key architects has admitted that a “lack of transparency” helped the administration pass the disastrous healthcare law, which is facing a number of legal challenges.

It’s a scandalous confession for an administration that has repeatedly vowed to be the most transparent in history. The information comes straight from Jonathan Gruber, the Massachusetts Institute of Technology (MIT) economist who served as a technical consultant to the Obama administration during the Affordable Care Act’s (Obamacare) design. Gruber was recorded during a panel and the video recently surfaced and has been making the rounds on the internet.

“This bill was written in a tortured way to make sure CBO did not score the mandate as taxes,” Gruber says. “If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that.  In terms of risk rated subsidies, if you had a law which said that healthy people are going to pay in – you made explicit healthy people pay in and sick people get money, it would not have passed… Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really really critical for the thing to pass…”

Gruber also makes clear that the individual mandate, upheld by the Supreme Court only because it’s considered a tax, was not actually a tax in the original law because it never would have passed. The Obamacare designer is essentially saying that the administration intentionally deceived the public to push its hostile takeover of the nation’s healthcare system. “Look, I wish Mark was right that we could make it all transparent, but I’d rather have this law than not,” Gruber says in the recorded presentation.

The Gruber tape marks the latest of many scandals involving Obamacare. Judicial Watch has been a frontrunner in exposing the healthcare law’s multiple boondoggles and has sued the administration on behalf of a South Florida orthodontist over the unlawful, one-year delay of the employer mandate. The mandate, which subjects certain large employers to tax penalties if they don’t offer “affordable, minimum essential” health insurance coverage to their employees, was postponed without the approval of Congress. It marked one of more than a dozen times that the administration unilaterally rewrote the healthcare law by executive fiat.

JW also sued the Department of Health and Human Services (HHS) to obtain records about controversial Obamacare navigators and their qualifications and background checks. Earlier this year JW obtained records from HHS illustrating the scope of the Obamacare rollout disaster, including the fact that on its first full day of operation the government site—Healthcare.gov—received only one enrollment. On the second day of Healthcare.gov operation, 48% of registrations failed, according to the records obtained by JW as a result of a lawsuit.

 

Ebola, Years of Building the Perfect Storm

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Barack Obama is not going to either slow or stop the air traffic from at least three countries in a Dante’s Inferno of the epidemic Ebola outbreak. So a sensible plan would be for control of people and passengers leaving African nations affected by Ebola to be done so only on chartered aircraft medically designed to assess signs of illness with experts from the Center for Disease Control as part of the medical crew on board. Then all passengers with any type of indications we transported to a single isolation facility in the United States where again Center for Disease Control personnel and virus experts are in control rather than spreading patients around the United States terrifying the country.

Now, the genesis of the Ebola outbreak, there are two articles of due importance for consideration and understanding.

Professor Peter Piot, who discovered the Ebola virus in 1976, conducted an extensive interview with the London newspaper, The Guardian, over the weekend whereby he discussed his initial discovery of the virus; and, what may lie ahead. The Guardians’ Rafela von Bredow, and Veronika Hackenbroch write that Professor Piot “still remembers that day in September 1976, when a pilot from Sabena Airlines brought us a shinny blue Thermos; and, a letter from a doctor in Kinshasa — in what was then Zaire.” At the time, Professor Piot was a researcher at a lab in Antwerp, Belgium. The letter stated that the blood sample contained in the Thermos came from a Belgian nun who had recently fallen ill from a mysterious illness in Yambuku. a remote village in the northern part of the country. The doctor who sent the sample, asked Professor Piot’s lab to test the sample for yellow fever.”

 

When asked by the two Guardian reporters how he protected himself back then from such a dangerous pathogen?, Professor Piot said “we had no idea how dangerous the virus was; and, there were no high-security labs in Belgium.” Tests for yellow and Lassa fever, as well as typhoid were all negative. What then, could it be?” Professor Piot said they all asked themselves. In order to get at least some idea of what they might be dealing with, Professor Piot and his lab colleagues decided to inject some of the blood sample into mice and other lab animals. At first, nothing happened,” Professor Piot said, and the researchers “thought that perhaps the pathogen had been damaged from insufficient refrigeration in the Thermos. But then, one animal after the next began to die. We began to realize the sample contained something very deadly.”

As they began to analyze additional samples that had just been received; the World Health Organization (WHO) “instructed us to send all of our samples to a high-security lab in England.” But, says Professor Piot, his boss at the time “wanted to bring our work to a conclusion, no matter what.” “He grabbed a vial containing the virus to examine it, but his hand was shaking and he dropped it on a colleagues foot. The vial shattered, My only thought was: “Oh shit!” “We immediately disinfected everything; and luckily, our colleague was wearing thick leather shoes. Nothing happened to any of us.”

Eventually, The Guardian reports, Professor Piot and his colleagues were able to create an image of the virus using an electron microscope. “What the hell is that?” they asked themselves. “The virus we had been searching for was very big, very long, and worm-like. It had no similarities with yellow fever. Rather, it looked like an extremely dangerous Marburg virus which, like Ebola, causes hemorrhagic fever. In the 1960s, the virus killed several laboratory workers in Marburg, Germany.”

Soon after it was confirmed that this was a new, previously unknown virus, Professor Piot “became one of the first scientists to fly to Zaire,” The Guardian noted. Although thrilled at being one of the first doctors to be tracking down and studying this new, deadly virus, there was genuine fear among these scientists as “we had no idea that it was transmitted by bodily fluids.”

When deciding what to name the new virus, Professor Piot and his colleagues “definitely didn’t want to name the new pathogen “Yambuku Virus,” since that name would stigmatize the place of origin forever. “There was a map hanging on the wall; and, our American team leader suggested looking for the nearest river — ultimately giving the virus its name. It was the Ebola River. But, the map on the wall was small and inexact. We only learned later that the nearest river was actually a different one; but, Ebola is a nice name isn’t it?” Professor Piot said, and the name stuck.”

Professor Piot and his colleagues eventually discovered that the infected Belgian nuns had also unwittingly spread the new virus called Ebola. “In their hospital, they regularly gave pregnant women vitamin injections using unsterilized needles. By doing so, they infected many young women in Yambuku with the virus.” “Clinics that failed to observe [proper hygiene] this and other rules of hygiene functioned as catalysts in all additional Ebola outbreaks.” Their mistakes, “drastically sped up the spread of the virus, or made the spread possible in the first place. Even in the current Ebola outbreak in West Africa, hospitals unfortunately played this ignominious role in the beginning,” the Guardian journalists noted; and, no doubt feed the suspicion and distrust of the medical profession in these remote places in the world — a suspicion that probably still lingers today.

The Guardian journalist’s postulated that “there is actually a well-established procedure for curtailing Ebola outbreaks: isolating those infected and closely monitoring those who had contact with them. How could such a catastrophe as the one we’re seeing now — ever happen?” Professor Piot responded that “I think it is what people call a Perfect Storm: when every individual circumstance is a bit worse than normal; and, they combine to create a disaster. And with this outbreak, there were many factors that were disadvantageous from the very beginning. Some of the countries involved were just emerging from terrible civil wars, many of their doctors had fled, and their healthcare system [such as it was] had collapsed. In all of Liberia for example,” Professor Piot said, there were only 51 doctors in 2010, and many of them since then — have died of Ebola.” “The fact that the outbreak began in the densely populated border region between Guinea, Sierra Leone, and Liberia…also contributed to the catastrophe,” Professor Piot added.

“For the first time in its history, the virus also reached metropolises such as Monrovia and Freetown. Is that the worst that can happen?” The Guardian journalists asked Professor Piot. “In large cities — particularly in chaotic slums — it is virtually impossible to find those who had contact with patients, no matter how great the effort. That is why I am so worried about Nigeria as well. The country is home to mega-cities like Lagos and Port Harcourt; and, if the Ebola virus lodges there…and begins to spread….it would be an unimaginable catastrophe,” Professor Piot warned.

When asked “if we’ve lost complete control of the epidemic?,” Professor Piot responded that “I have always been an optimist; and, I think we have no other choice than to try everything, really everything. It’s good the United States and some other countries are finally beginning to help. But, Germany, or even Belgium, for example, must do a lot more. And, it should be clear to all of us: This isn’t just an epidemic any more. This is a humanitarian catastrophe. We don’t just need care personnel, but also logistics experts, trucks, jeeps, and foodstuffs. Such an epidemic can destabilize entire regions. I can only hope that we will be able to get it under control. I never really thought that it could get this bad.” Professor Piot said.

When asked if he thought “we might be facing the beginnings of a pandemic?” Professor Piot said, “there will certainly be Ebola patients from West Africa who will come to us in the hopes of receiving treatment. But, an outbreak in Europe or North America would quickly be brought under control. I am more worried about the many people from India who work in trade or industry in West Africa. It would only take one of them to become infected; and, travel to India to visit relatives during the virus’s incubation period, and once he/she becomes sick, go to a public hospital there. Doctors and nurses in India, too often, don’t wear protective gloves. They would immediately become infected and spread the virus.”

The Guardian journalists postulated that the “virus is constantly changing its genetic makeup; and, the more people who become infected, the greater [the] chance the virus will mutate.,” to a more virulent and transmissible form — “which might speed its spread.” Professor Piot said, “yes, that really is the apocalyptic scenario. Humans are actually just an accidental host for the virus, and not a good one. From the perspective of a virus, it isn’t desirable for its host, within which the pathogen hopes to multiply, to die so quickly. It would be much better for the virus to allow us to stay alive longer.”

When asked “if the virus could suddenly change itself…so, it could spread via the air/respiratory route?,” Professor Piot responded that “luckily, that is extremely unlikely. But, a mutation that would allow Ebola patients to live a couple of weeks longer is certainly possible; and, would be disadvantageous for the virus. But, that would allow Ebola patients to infect many more people than is currently the case.” “But that is speculation isn’t it?” The Guardian journalists asked. “Certainly,” Professor Piot responded. “But, it is just one of many possible ways the virus could change to spread more easily. And, it is clear that this virus is mutating.”

When asked about his views with respect to experimental drugs, Professor Piot said “patients could probably be treated more quickly with blood serum from Ebola survivors, even if that would likely be extremely difficult — given the chaotic local conditions. We need to find out now, if these methods, or if experimental drugs like ZMapp, really help. For most people, they will come [experimental drugs] too late in this epidemic. But, if they help, they should be made available for the next outbreak.”

In concluding the interview, The Guardian journalists observed that “in Zaire, during the first outbreak, a hospital with poor hygiene was responsible for spreading the illness. Today, almost the same thing is happening. Was Louis Pasteur right when he said: “It is the microbes who will have the last word?” Professor Piot said, “Of course we are a long way from declaring victory over bacteria and viruses. HIV is still here; in London alone, five gaymen become infected daily. An increasing number of bacteria are becoming resistant to antibiotics. And, I can still see Ebola patients in Yambuku, how they died in their shacks; and, we couldn’t do anything except let them die. In principal, it’s still the same today. That is very depressing. But, it also provides me with a strong motivation to do something. I love life. That is why I am doing everything I can to convince the powerful in this world to finally send sufficient help to West Africa. Now! Enough said.

 

While this is long, please continue reading to understand the scope and reason of the Ebola threats. Now let us move on to the World Health Organization (WHO) and why that is yet another very big problem.

World Health Organization is absent:

More information with links but not all vetted with regard to Ebola possibilities:

http://www.eddiefleming.com/2014/10/was-ebola-designed-as-bioterrorism-weapon-and-is-already-airborne/

How Ebola is spreading:

http://newsok.com/how-the-world-let-ebola-spread/article/feed/743729

 

 

 

 

Illegal Alien Process, Background and Military Component

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I have read countless documents, court rulings, studies and interviews as the matter of the incursion at the Southern border has many moving parts. I will make this easy for the reader.

CRS Insights Unaccompanied Alien Children: A Processing Flow Chart

Lisa Seghetti, Section Research Manager ([email protected], 7-4669)

July 16, 2014 (IN10107)

Within the Departments of Homeland Security and Health and Human Services, several agencies are involved in apprehending, processing, placing, and repatriating unaccompanied alien children (UAC). Customs and Border Protection (CBP) apprehends, processes, and detains the majority of UAC arrested along U.S. borders. Immigration and Customs Enforcement (ICE) physically transports UAC from CBP to the Department of Health and Human Services Office of Refugee Resettlement (ORR) custody. ORR is responsible for detaining and sheltering UAC who are from non-contiguous countries and those from contiguous countries (i.e., Canada and Mexico) for whom there is a concern that they may be victims of trafficking or have an asylum claim, or who do not desire to return to their country voluntarily, while they wait for their claim to be processed or for an immigration hearing. U.S. Citizenship and Immigration Services (USCIS) is responsible for the initial adjudication of asylum applications and processes trafficking petitions filed by UAC. The Executive Office for Immigration Review (i.e., immigration courts) in the U.S. Department of Justice conducts the immigration proceedings that determine whether the UAC is allowed to remain in the United States or is deported to his or her home country. If a UAC is ordered removed or chooses to voluntarily depart from the United States, ICE is responsible for returning the alien to his/her home country. For an overview on this topic, see CRS Report R43599, Unaccompanied Alien Children: An Overview.

Figure 1.Unaccompanied Alien Children

A Processing Flow Chart  Full graphic can be seen here.

ICE flow chart

But as Governor Perry deploys 1000 National Guard on parts of the Texas border, what does that mean and what will/can they do?

The Secretary of the Department of Homeland Security (DHS) is charged with preventing the entry of terrorists, securing the borders, and carrying out immigration enforcement functions. U.S. Customs and Border Protection (CBP), a component of DHS, has primary responsibility for securing the borders of the United States, preventing terrorists and their weapons from entering the United States, and enforcing hundreds of U.S. trade and immigration laws. Within CBP, the U.S. Border Patrol’s mission is to detect and prevent the illegal entry of aliens across the nearly 7,000 miles of Mexican and Canadian international borders and 2,000 miles of coastal borders surrounding Florida and Puerto Rico.

Although the military does not have primary responsibility to secure the borders, the Armed Forces generally provide support to law enforcement and immigration authorities along the southern border. Reported escalations in criminal activity and illegal immigration, however, have prompted some lawmakers to reevaluate the extent and type of military support that occurs in the border region. On May 25, 2010, President Obama announced that up to 1,200 National Guard troops would be sent to the border to support the Border Patrol. Addressing domestic laws and activities with the military, however, might run afoul of the Posse Comitatus Act (PCA), which prohibits use of the Armed Forces to perform the tasks of civilian law enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised.

 Justice Scalia wrote the opinion in the case of Flores v. Reno the basis for where we are today with processing, shelters, detention and deportation.

The Flores-Reno settlement agreement, Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act (TVPRA) are the guiding principles when dealing with UACs.

 The number of UACs in the Rio Grande Valley/Harlingen Field Office geographical area has seen an increase of 367.6 percent since fiscal year 2011.

 Most UACs are Other Than Mexican (OTM) nationals, which causes significant increases in processing time (administrative/criminal casework) and requirements for long term detention.

 The amount of time and resources needed to provide humanitarian care is extensive and increases with escalating UAC numbers.

 ORR tries to place apprehended UACs as close to the referring location as possible to minimize travel requirements for CBP and ICE.

 The HHS ORR Intake Center operates 24-7 but makes UAC referral placements from 9 a.m. – 9 p.m. each day.

 Each morning the HHS ORR Intake Center has approximately 30-90 initial placement referral requests pending from the previous night.

 The national discharge rate of UACs is approximately 80-90 per day.

 There are approximately 5,000 beds available in the HHS ORR network that service approximately 25,000 UACs annually.

 Each agency uses different data systems to manage UACs.

 

 

 

 

 

The 3.7 Billion Request Tells a Bigger Story

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The smartest people are those that have their hands dirty in government and time their respective departures when corruption goes to DEFCON levels. Such was the case with Lois Lerner at the IRS, such was the case with White House spokesperson, Robert Gibbs and such was the case with David Axelrod, a White House advisor. Now such is the case with Kathleen Sebelius.

Either these people and others do have a threshold they wont cross when it comes to fraud, lies and collusion or such fraud, lies and collusion in emerging events was just too big to endure. Either way, it is time to focus on Kathlees Sebilius for the matter of the $3.7 billion supplemental for the alien surge at the our southern border.

She timed her departure knowing full well what was ahead, while it was during her tenure at Heath and Human Services that all tracks leading up to the immigrant incursion was about to break wide open.

Now let’s look deeper. On July 8, 2014, the White House wrote a rather comprehensive letter and support document to John Boehner, Speaker of the House asking for $3.7 in funding a solution to an insurgency of the White House’s own making. The emergence of this issue involving costs under the cover of illegal immigration and covering the costs of shortfalls in other agencies originated back in June. The timing of this is no mistake as it does take time to estimate and coordinate conditions, agencies involvement and the ubiquitous bundling of dollars to pay for other items of which is always detailed for the White House Office of Management and Budget. Enter Sylvia Burwell. She was the Director of the White House OMB from 2012-2013 and now she has officially replaced Sebilius.

Now only does Burwell have a handle on financial and economic needs of major programs but she is well aware that the Congressional Budget Office can no longer predict the financial status of Obamacare due mostly in part to the alterations made by edict and Executive Order by Barack Obama himself. However, it is in fact clear that the numbers of enrollees into Obamacare as well as countless other factors prove that Obamacare is not financially stable now or in the future. This is where the $3.7 billion supplemental of the over $4 billion earmarks billions to Health and Human Services to cover short-falls and not for the medical care of illegals flooding into America.

Here is the White House letter and annexed support documents where the clues reveal themselves. Of note is the money to be allocated to fighting fires.

Further, Barack Obama asked Congress Tuesday and the White House opted not to include legislative language calling on the unaccompanied children to be deported more quickly to their home countries. But officials made clear that their intent is to speed the current turnaround process by increasing money for the immigration courts and putting a priority on recent arrivals.

What is behind this border surge is explained here. Going back as far as 1996, the immigration surge has been discussed where those in Congress have chosen to ignore real solutions for at least 18 years, yet the American taxpayer has been footing the bill for refugee resettlement and private organizations have been receiving grant money to play a large role including the Catholic church, such as we are seeing the same today. For a complete study completed in 2008 on the costs, results and effectiveness of the Refugee Resettlement office under HHS go here. The Government Accountability Office performed an intense summary of 2012 and no one is watching, much less interviewing the local stakeholders on the financial and demographic implications at the local level.

In summary, this new supplemental requested by the White House is not only hiding financial shortfalls of other government agencies, this making this a planned and well executed event, favoritism is also at hand here, so America, don’t be fooled with the rhetoric including those that will be deported and that laws are being enforced.

This is madness of epic proportions, while the larger matter is we are in a national security condition that is reaching the red level of the DEFCON alarm system.

If you don’t think we are at DEFCON and this has been a mission by the Obama administration then consider this.

Asylum Claims under the Obama regime.

Leaked Data Shows 10-Fold Increase In Obama’s Asylum Approvals

By: Neil Munroe

The number of foreigners who successfully filed asylum claims in the United States almost tripled from 2012 to 2013, up to 30,393.

That’s 10 times the number from 2008, when President Barack Obama was elected, and it is evidence his immigration officials are agreeing that many people in the growing wave of Central American migrants face a “credible fear” of harm if they are returned. Official approval allows the migrants to file for asylum in immigration court, where judges will approve or reject the asylum request.

If you came illegally to the U.S. seeking asylum in 2013, you had better than a four-in-five chance of successfully filing an asylum claim. That’s up from a three-in-five chance in 2008.

The migrants include mothers with children, and youths who have been brought north by their parents who are living illegally in the United States. Roughly 240,000 migrants — parents, youths and children — are expected to cross the border by the end of September.

The total includes 57,525 unaccompanied youths and children, from October 2013 to June 30, 2014, according to DHS. Because of a 2008 law, unaccompanied youths from countries other than Mexico and Canada don’t have to pass the “credible fear” hurdle, but can directly file asylum cases in immigration courts.

Legislators urged more care in granting asylum after the media reported that the father of Dzhokhar Tsarnaev and his brother, Tamerlan Tsarnaev, successfully applied for asylum in 2002.

The internal federal data from the Department of Homeland Security was provided to The Daily Caller by a source.

It shows that officials endorsed 3,097 asylum requests in the year up to Sept. 30, 2008 — dubbed fiscal year 2008 — to people who said they faced a “credible fear” of persecution if they were repatriated.

Obama took office in January 2009, and officials approved 3,411 “credible fear” approvals in the next 12 months, up to the end of September in 2009.

Officials approved another 6,293 in the next 12 months, and another 9,423 in the next 12 months, ending September 2011.

 

 

Enter TSA into the Alien Incursion

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EXCLUSIVE: TSA Allowing Illegals to Fly Without Verifiable ID, Says Border Patrol Union

By: Brandon Darby

MCALLEN, Texas—Illegal aliens are being allowed to fly on commercial airliners without valid identification, according to the National Border Patrol Council (NBPC). “The aliens who are getting released on their own recognizance are being allowed to board and travel commercial airliners by simply showing their Notice to Appear forms,” NBPC’s Local 2455 Spokesman, Hector Garza, told Breitbart Texas.

“This is not the CBP [Customs and Border Protection] or another federal agency renting or leasing an aircraft, these are the same planes that the American public uses for domestic travel,” said Garza. “This just adds insult to injury. Not only are we releasing unknown illegal aliens onto American streets, but we are allowing them to travel commercially using paperwork that could easily be reproduced or manipulated on any home computer. The Notice to Appear form has no photo, anyone can make one and manipulate one. They do not have any security features, no watermark, nothing. They are simply printed on standard copy paper based on the information the illegal alien says is the truth.”

Spokesman Garza continued, “We do not know who these people are, we often have to solely rely on who they say they are, where they say they came from, and the history they say they have. We know nothing about most of them, ICE releases them into the American public, and now they are boarding aircraft at will with a simple paper document that anyone can easily alter or reproduce themselves.”  Read more here.

Who the hell is in authority and calling the shots? Who should be in authority? There is no end in sight of this alien incursion, we have crossed the threshold into terror, violation of law and the alarms need to be sounded on the threats of national security.

American is in a full blown crisis and Peggy Noonan of the Wall Street Journal spells it out here.

Then it gets worse, this is an asylum refugee agenda so amnesty will not be part of the White House lexicon, but don’t be fooled.

Flood of lawsuits to follow wave of illegal immigrants?

Slow asylum hearing dockets — like those that have already prompted a class action suit on behalf of 40,000 illegal immigrants — are certain to get much worse, experts say. But every interaction between the government and the illegal immigrants pouring in could potentially trigger a cause of action if lawyers can prove the letter of the law was not followed.

Jessica Vaughn, director of policy studies at the Center for Immigration Studies, said there’s little the White House can do now that the children — most of whom are from Central America —are already here. Under U.S. law, kids from non-contiguous countries cannot be turned back at the border and must be granted deportation hearings.

“If we start sending these kids back to their home countries, there will be lawsuits galore,” said Vaughn. “We’re already seeing suits for conditions and denial of privileges. The sky’s the limit, it could be a nightmare.”

President Obama has asked Congress for $3.7 billion to deal with the border crisis, money that would include tending to the care and legal needs of the illegal aliens. But the courts are already clogged with suits like one from a woman who claims the Border Patrol kept her in a car for eight hours without feeding her and another filed in March by Americans for Immigrant Justice claiming illegal immigrants in the Texas Rio Grande Valley facility were held in brightly lit, cold, cot-less cells.

And earlier this month the Fifth Circuit Court of Appeals in New Orleans ruled that a Mexican teenager killed on Mexican soil by a Border Patrol agent who claims he was being pelted with rocks had rights under the U.S. constitution. His family is suing for $325 million.