SCOTUS: Illegals can be Deported for Minor Crimes

Posted on May 19, 2016May 19, 2016 by Denise Simon

High court rules non-U.S. citizens can be deported if convicted of minor crimes

WASHINGTON (AP) – The Supreme Court is making it easier for the government to deport or otherwise remove people who are not U.S. citizens if they are convicted of seemingly minor state crimes.

The justices ruled 5-3 Thursday that a man who spent 23 years living in New York as a lawful permanent resident can be barred from re-entering the country because of a 1999 conviction for attempted arson.

George Luna Torres had served one day in prison and five years of probation after pleading guilty in state court but otherwise had a clean record since his parents brought him into the country from the Dominican Republic in 1983.

But the government argued that the state law conviction was equivalent to an aggravated felony for purposes of immigration law.

Under immigration law, a lawful permanent resident can be deported or denied re-entry to the United States after being convicted of an aggravated felony. Those offenses include certain federal crimes as well as state offenses that share the same elements.

Luna argued that the federal crime of arson is different from the state version because it must involve interstate commerce.

Writing for the court, Justice Elena Kagan said that is simply a technical difference needed to give Congress authority over arson crimes and not a meaningful distinction. She said Luna’s argument would also exclude more serious state crimes, such as kidnapping, from affecting immigration status simply because a kidnapper failed to cross state lines.

“The national, local or foreign character of a crime has no bearing on whether it is grave enough to warrant an alien’s automatic removal,” Kagan said.

In dissent, Justice Sonia Sotomayor said the majority was ignoring a strict textual reading of the federal law, which includes interstate commerce as part of the crime.

“An element is an element, and I would not so lightly strip a federal statute of one,” Sotomayor said.

She was joined by Justices Clarence Thomas and Stephen Breyer. *****

Mexican Airline Offering Migrants Free Airfare to Texas Border

Two foreign airline companies have begun offering steep discounts to Cuban migrants–set for border crossing into western Texas–as thousands rush to the United States in the aftermath of thawing relations with the communist island. Children under age 11 fly free of charge.

The Panamanian government confirmed to the Associated Press Wednesday that Panama City-based Copa Airlines and Mexico’s Global Air are now offering roughly 30 percent discounts for adult Cuban migrants hoping to cross into the United States with children enjoying complimentary seats. Since May 9, the airlines have reported that almost 2,500 have been shuttled to Ciudad Juarez for easy crossing into El Paso thereafter. An estimated 1,300 await flights booked in the weeks ahead under the promotion. More here from Breitbart.

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Immigrants must pass stringent eligibility requirements in order to naturalize. Naturalization is not an easy process. In order to become a U.S. citizen, an immigrant must:

First reside in the United States continuously for five years as a Legal Permanent Resident (three years in the case of the spouse of a U.S. citizen).
Be of “good moral character,” as determined by a criminal background check with the FBI.
Be proficient in spoken and written English.
Demonstrate a basic understanding of U.S. government and history.
Take an Oath of Allegiance to the United States, its Constitution and laws, and renounce allegiance to any other nation.

Latino immigrants applying for U.S. citizenship in record numbers thanks to Trump

Donald Trump’s presidential campaign may actually be empowering the Latino vote.

No, really. At least that’s what a number of non-profit organizations and even the White House are working toward.

The Republican candidate’s harsh words toward immigrants and repeated campaign promises to deport millions of undocumented people and build an impermeable wall along the U.S.-Mexico border immediately propelled him to the front of the GOP pack, but it’s also driving a larger number of immigrants than usual to seek U.S. citizenship – and have a voice in whether or not Trump wins the White House this November.

Hortensia Villegas is a Colorado mother of two who immigrated from Mexico legally nearly 10 years ago. She never felt the need to become a citizen, she told the New York Times, until Trump rose in the polls.

“I want to vote so Donald Trump won’t win,” Villegas, 32, told the paper at a Denver union hall where volunteers were helping hundreds of immigrants to fill out citizenship applications. “He doesn’t like us.”

And Villegas is not alone. Her sister and parents, as well as the parents of her husband – Miguel Garfío, who is a U.S. citizen by virtue of having been born in Colorado –are part of the crush of Latino immigrants who are trying to naturalize in time to vote this year.

Applications for citizenship were up in the six months through the end of January by 14 percent over the same time frame the previous year, the Times reported. Activists say that the numbers are growing by the week, estimating that the total applications for fiscal year 2016, which lasts until the end of September, could wind up close to a million.

That’s a 20 percent increase over previous years.

Traditionally, Mexican immigrants have sought citizenship at lower rates than others – according to Pew Research Center data, 36 percent of eligible Mexicans in recent years have become citizens, compared to 68 percent of immigrants overall.

That may be changing, thanks to Trump.

FoxLatino: Maria Polanco, a Honduran migrant who has lived in Nevada for 26 years but is only now applying for citizenship, told the Guardian recently, “We [immigrants] are not perfect, but the majority of us are not what Donald Trump says. We came looking for better opportunities for us and our kids. My great pride is that my daughter graduated from college – I don’t think she could’ve done that in my country.”

“People who are eligible are really feeling the urgency to get out there,” Tara Raghuveer, the deputy director of the National Partnership for New Americans, told the Times. “They are worried by the prospect that someone who is running for president has said hateful things.”

“This is a big deal,” Jocelyn Sida of Mi Familia Vota, told the Guardian. “We as Latinos are always being told that we’re taking jobs or we’re anchor babies, and all these things are very hurtful. It’s getting to the point where folks are frustrated with that type of rhetoric. They realize the only way they can stop this is by getting involved civically.”

Labor unions and NGOs like the National Partnership are the main actors providing assistance to those of the 8.8 million non-citizen immigrants who may want to naturalize, but they are not alone.

The White House launched a national campaign in September to help people apply for citizenship, setting up “citizen corners” at public libraries and recruiting prominent immigrants like 1980s pitching star Fernando Valenzuela and Spanish chef José Andrés for ads.

Last week, $10 million dollars in federal grants were promised to NGOs helping immigrants through the application process.

Many conservatives see it as a blatant effort to expand Democratic support in battleground states with large numbers of immigrants like Florida, Colorado and Nevada.

“I certainly don’t care what party they register with; I just want them to become citizens,” said Leon Rodriguez, director of the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS), told the times.

The candidate himself has long suggested that he’ll win the Latino vote, and his campaign spokesperson, Hope Hicks, told the Times, “No one will benefit more from Mr. Trump’s pro-worker immigration reforms than the millions of immigrants who already call America home.”

Mary Victorio, 22, a Mexican-born student at the University of Colorado Denver, told the newspaper that while she didn’t support him politically, she was grateful to Trump. “He gave us that extra push we needed to get ready to vote, to prove to people who see us negatively they are wrong.”

Debris Found for EgyptAir #804

Posted on May 19, 2016May 19, 2016 by Denise Simon

Missing EgyptAir Flight Likely Downed by Terror Attack, Minister Says
Airbus A320 carrying 66 passengers, 10 crew lost by radar while flying at 37,000 feet above the Mediterranean; EgyptAir vice president tells CNN wreckage found.

Previous flights for the same day.
Haaretz: An EgyptAir jet carrying 66 passengers and crew from Paris to Cairo disappeared from radar over the Mediterranean south of Greece on Thursday, with Athens saying the plane swerved in mid-air before plunging from cruising height and vanishing.
Egypt’s aviation minister said a terrorist attack was more likely to have taken down the aircraft than a technical failure.
EgyptAir Vice President Ahmed Adel has since said in an interview with CNN that the wreckage of the missing plane has been found.

“There are so many reasons why a plane can fall from the sky and crash. We have no explanations at this stage. We need more investigation,” he said.
Egypt’s envoy to France said Greek authorities had informed his counterpart in Athens that they had found blue and white debris corresponding to EgyptAir’s colors.
Later, Egypt’s Civil Aviation Ministry said that Greek authorities have found “floating material” that is likely to be debris from the missing aircraft.

Greece deployed aircraft and a frigate to search for the missing Airbus and officials said they had found pieces of plastic and two life vests that appeared to have come from an aircraft in the sea 370 kilometers (230 miles) south of Crete.
Egyptian Prime Minister Sherif Ismail said it was too early to rule out any explanation, including an attack like the one blamed for bringing down a Russian airliner over Egypt’s Sinai Peninsula last year.

Egypt said it would lead the investigation and that France would participate. Other countries also offered to help, including Britain and the United States.
In Washington, U.S. President Barack Obama received a briefing on the disappearance from his adviser for homeland security and counter-terrorism, the White House said.
Greek Defense Minister Panos Kammenos said the Airbus had first swerved 90 degrees to the left, then spun through 360 degrees to the right. After plunging from 37,000 feet to 15,000, it vanished from Greek radar screens.
According to Greece’s civil aviation chief, calls from Greek air traffic controllers to flight MS804 went unanswered just before it left Greek airspace, and it disappeared from radar screens soon afterwards.
There was no official indication of a possible cause, whether technical failure or sabotage by hard-line Islamists who have targeted airports, airliners and tourist sites in Europe, Egypt, Tunisia and other Middle Eastern countries over the past few years.
The aircraft was carrying 56 passengers — with one child and two infants among them — and 10 crew, EgyptAir said. They included 30 Egyptian and 15 French nationals, along with citizens of 10 other countries.

Asked if he could rule terrorist involvement, Prime Minister Ismail told reporters: “We cannot exclude anything at this time or confirm anything. All the search operations must be concluded so we can know the cause.”

French President Francois Hollande also said the cause was unknown. “No hypothesis can be ruled out, nor can any be favored over another.”
With its archaeological sites and Red Sea resorts, Egypt is a traditional destination for Western tourists. But the industry has been badly hit by the downing of a Russian Metrojet flight last October, in which all 224 people on board were killed, as well as by an Islamist insurgency and a string of bomb attacks.
No response
Greek air traffic controllers spoke to the pilot as the jet flew over the island of Kea, in what was thought to be the last broadcast from the aircraft, and no problems were reported.
But just ahead of the handover to Egyptian controllers, calls to the plane went unanswered.
“About seven miles before the aircraft entered the Cairo airspace, Greek controllers tried to contact the pilot but he was not responding,” said Kostas Litzerakis, head of Greece’s civil aviation department. Shortly after exiting Greek airspace, it disappeared from radars, he said.
Greek authorities were searching the sea south of the island of Karpathos, Greece’s Defense Minister Kammenos told a news conference.
“At 3:39 A.M., the course of the aircraft was south and southeast of Kassos and Karpathos (islands),” he said. “Immediately after, it entered Cairo flight information region and made swerves and a descent I describe: 90 degrees left and then 360 degrees to the right.”
The Airbus plunged from a height of 37,000 feet (11,280 meters) to 15,000 feet before vanishing from radar, he added.

Egyptian Civil Aviation Minister Sherif Fathi said authorities had tried to resume contact but without success.
‘No one knows anything’
At Cairo airport, authorities ushered families of the passengers and crew into a closed-off waiting area.
Two women and a man, who said they were related to a crew member, were seen leaving the VIP hall where families were being kept. Asked for details, the man said: “We don’t know anything, they don’t know anything. No one knows anything.”
Ayman Nassar, from the family of one of the passengers, also walked out of the passenger hall with his daughter and wife in a distressed state. “They told us the plane had disappeared, and that they’re still searching for it and not to believe any rumors,” he said.
The mother of a flight attendant rushed out of the hall in tears. She said the last time her daughter called her was Wednesday night. “They haven’t told us anything,” she said.
In Paris, a police source said investigators were now interviewing officers who were on duty at Roissy airport on Wednesday evening to find out whether they heard or saw anything suspicious. “We are in the early stage here,” the source said.
Airbus said the missing A320 was delivered to EgyptAir in November 2003 and had operated about 48,000 flight hours.
The missing flight’s pilot had clocked up 6,275 hours of flying experience, including 2,101 hours on the A320, while the first officer had 2,766 hours, EgyptAir said.
At one point, EgyptAir said the plane had sent an emergency signal at 04:26 A.M., two hours after it disappeared from radar screens. However, Fathi said later that further checks found that no SOS was received.
Egypt and France to cooperate
The weather was clear at the time the plane disappeared, according to Eurocontrol, the European air traffic network.
Under UN aviation rules, if the aircraft is found to have crashed in international or Egyptian waters, Egypt will automatically lead an investigation into the accident, assisted by countries including France, where the jet was assembled, and the United States, where engine maker Pratt & Whitney is based.
Russia and Western governments have said the Metrojet plane that crashed on October 31 was probably brought down by a bomb, and ISIS said it had smuggled an explosive device on board.
That crash called into question Egypt’s campaign to contain Islamist violence. Militants have stepped up attacks on Egyptian soldiers and police since Egypt’s President Abdel-Fattah al-Sissi, then serving as army chief, toppled elected President Mohamed Mursi, an Islamist, in 2013 after mass protests against his rule.
In March, an EgyptAir plane flying from Alexandria to Cairo was hijacked and forced to land in Cyprus by a man with what authorities said was a fake suicide belt. He was arrested after giving himself up.
EgyptAir has a fleet of 57 Airbus and Boeing jets, including 15 of the Airbus A320 family of aircraft, according to airfleets.com.

***** Other details include:

Plane went through full maintenance less than a week ago.
Plane departed about 25 minutes late.
MS804 stopped in Tunisia, Cairo, Brussels, Eritrea prior to Paris.
Passenger list included: 15French 30Egyptian 1British 1Belgian 2Iraqis 1Kuwaiti 1Saudi 1Sudanese 1Chadians 1Portuguese 1Algerian 1Canadian

Final summary: Debris has been spotted some 210 miles southeast of Crete in the Eastern Mediterranean that is believed to have been from EgyptAir Flight MS804. The passenger jet, an Airbus 320, left the Charles De Gaulle Airport in Paris, France at about 9:30pm local time. On board were 56 passengers, 7 crew and 3 air marshals. At around 2:30am Cario-time, Flight 804 was crossing into Egyptian airspace and being handed off from Greek air controllers. The last radio traffic indicated that there were no problems. At an altitude of some 37,000 feet, the Airbus 320 suddenly dove some 22,000 feet and began to swerve and turn, then, disappeared from radar. Search efforts were launched immediately.

Healthcare Provider Lawsuits v. Feds Begin

Posted on May 18, 2016May 18, 2016 by Denise Simon

Blue Cross insurer sues U.S. for funds owed under health care law

BusinessInsurance: Highmark Inc. and its subsidiaries have sued the federal government for failing to pay funds the insurers say they are owed through one of the Affordable Care Act’s public health insurance exchange safety net programs.

Pittsburgh-based Highmark, the fourth-largest Blue Cross and Blue Shield insurer, is demanding $222.9 million, which it argues it is owed through the ACA risk corridor program for 2014 losses, according to the lawsuit filed Tuesday in the U.S. Court of Federal Claims in Washington.

Highmark said the government has paid only $27.3 million of the total owed for 2014. In early April, Highmark President and CEO David Holmberg said during an analyst call that the insurer was owed more than $500 million from the risk corridor program for 2014 and 2015.

The risk corridor program is intended to help stabilize premiums by offsetting insurers’ losses during the first three years of the public health exchanges.

But the U.S. Centers for Medicare and Medicaid Services last year said it would pay only 12.6% of the money insurers requested for 2014 losses. CMS said the rest of the tab would be paid in 2015 and 2016 if necessary.

The suit accuses the government of breach of good faith and fair dealing among other allegations.

CMS could not be immediately reached for comment.

“The United States has specifically admitted in writing its statutory and regulatory obligations to pay the plaintiff insurers the full amount of risk corridor payments owed to them for calendar year 2014, but it has failed to pay the full amount due,” the lawsuit states.

“Instead, the government arbitrarily has paid the plaintiff insurers only a pro-rata share — less than 12.6% — of the total amount due, asserting that full payment to the plaintiff insurers is limited by available appropriations, even though no such limits appear anywhere in the ACA or its implementing regulations or in the plaintiff insurers’ contracts with the government.”

In a statement Monday, Mr. Holmberg said the Highmark has a “fiduciary responsibility to our 5.2 million health plan members to seek payment.”

Still, Mr. Holmberg said the insurer “remains committed” to the public health exchanges.

Highmark said it tried to negotiate with CMS, which the insurer said refused requests for full payment. It also said CMS has taken the position that “none of the risk corridor payments” for 2014, 2015 and 2016 are due until fall 2017 after the program has concluded.

The insurers involved in the lawsuit, First Priority Life Insurance Co. Inc. et al v. USA, include First Priority Life Insurance Co., Highmark BCBSD Inc., Highmark Inc., Highmark Select Resources Inc., Highmark West Virginia Inc., and HM Health Insurance Co.

In February, Lake Oswego, Oregon-based insurer Health Republic Insurance Co. of Oregon, which now is out of business, filed a $5 billion class action against the federal government for failing to make the risk corridor payments.

**** Good news?

Sessions, Cassidy to introduce ‘The World’s Greatest Health Care Bill. Ever’

FNC: House Rules Committee Chairman Pete Sessions, R-Texas, and Sen. Bill Cassidy, R-La., plan to introduce what they are terming an “alternative” health care bill Thursday which will not repeal ObamaCare, but work alongside the existing Affordable Care Act and modify various parts of the system.

The legislation is technically called the HELP Act, short for “Health Empowerment Liberty Plan.” Sessions however prefers a less clinical moniker with a title infused with a dose of Donald Trump-esque hubris. Instead, the Texas Republican calls the legislation “The World’s Greatest Health Care Bill. Ever.”

Sessions notes that the legislation allows people to keep ObamaCare if they so desire, noting that his measure does not entail a full repeal of ObamaCare.

“Someone who repeals (ObamaCare) is left with nothing,” he said.

That’s why his bill works in tandem with the existing law.

Meanwhile, it does get worse.

UnitedHealth Quits 27th Obamacare State as Insurer to Exit N.J.

Bloomberg: UnitedHealth Group Inc. is exiting New Jersey’s Obamacare exchange, marking the 27th state market the insurer is quitting.

UnitedHealth’s Oxford Health Plans unit won’t participate in New Jersey’s individual market in 2017, on the Affordable Care Act exchange or elsewhere, according to a letter obtained by Bloomberg through an open-records request. Another unit will continue selling plans outside of Obamacare, and the company will keep offering coverage to small businesses, according to Marshall McKnight, a spokesman for New Jersey’s Department of Banking & Insurance.

Chief Executive Officer Stephen Hemsley said last month that UnitedHealth would only offer ACA plans in a “handful of states” for 2017, though the company hasn’t listed them. The company is retreating from the markets created by the ACA amid mounting losses on the policies. Bloomberg has confirmed that the insurer is exiting at least 27 of the 34 states where it sold 2016 coverage.

The company will still probably sell ACA plans in at least three states next year: New York and Nevada have confirmed UnitedHealth’s participation and the company has filed plans to participate in Virginia.

In addition to UnitedHealth, several other insurers offered plans in New Jersey last year, according to the Kaiser Family Foundation. They include Oscar Insurance Corp., AmeriHealth, Health Republic Insurance of New Jersey and Horizon Blue Cross Blue Shield of New Jersey.

Hillary in 13 Minutes

Posted on May 18, 2016May 18, 2016 by Denise Simon

There is a lot of Hillary and Bill history as previously posted here. but the video above just keeps it real and recent.

The Breakdown Prediction of Europe

Posted on May 18, 2016May 18, 2016 by Denise Simon

Fighting wars in the Middle East with politically correct rules of engagement leads to no victory, but rather a long agonizing conflicts where millions are displaced, governments are failing and human suffering has no limitations.

The migrant condition is predicted to continue for at least five years. Europe is slated to suffer economically as a result and respective countries will lose their identity and management control.

These conditions fester yet do not include the building hostilities in Eastern Europe which is facing an insurgency by Russia where real old fashioned ground wars are forecasted. After 16 years of fighting the terrorist model of conflicts the conventional type of warfare is forgotten in training and muscle memory and could be a real conundrum for the Baltic region.

Meanwhile, what is Europe’s long term plan? Answer, there is no plan. ****

Europe migrant crisis: EU faces ‘populist uprising’

Migrants detained by Libyan authorities in Tripoli while trying to cross to Europe - 16 May

Reuters: Europe has seen a surge in the number of migrants trying to reach the continent

BBC: Europe faces a “populist uprising” if it is unable to show people it can control the migrant crisis, former MI6 head Sir Richard Dearlove has said.

He was speaking on the BBC’s World on the Move day on migration issues.

Sir Richard also warned against offering visa-free travel to Turkish nationals, describing the move as like storing gasoline near a fire.

Earlier, UN special envoy Angelina Jolie Pitt warned the humanitarian system for refugees was breaking down.

She spoke of a “fear of migration” and a “race to the bottom” as countries competed to be the toughest to protect themselves.

A range of speakers, including the UNHCR’s special envoy Angelina Jolie Pitt, and former British secret intelligence chief Sir Richard Dearlove, have been setting out the most important new ideas shaping our thinking on economic development, security and humanitarian assistance.

Sir Richard said the numbers of immigrants coming into Europe over the next five years could run into millions.

The crisis could reshape the continent’s geopolitical landscape, he said.

“If Europe cannot act together to persuade a significant majority of its citizens that it can gain control of its migratory crisis then the EU will find itself at the mercy of a populist uprising, which is already stirring,” he added.

He described the UK referendum on leaving the EU as “the first roll of the dice in a bigger geopolitical game”.

Reuters: There are concerns that Europe is unable to control the flow of migrants

Sir Richard warned against a deal with Turkey to allow visa-free travel to the EU to its citizens in exchange for controlling migration to the EU.

He said it was “perverse, like storing gasoline next to the fire we’re trying to extinguish”.

Talks between the Turkey and the EU over the deal have currently stalled over the former’s refusal to amend its anti-terror laws.

The former head of MI6, which gathers intelligence abroad for the UK government, said €1.8bn (£1.4bn) allocated by the EU to address the root causes of migration in Africa made “much more sense” than a deal with Turkey but was not nearly enough.

The only answer was a “massive response” of this kind combined with a “much more aggressive operation along the North African coast”, he added.

But Sir Richard cautioned against shutting the door on migration altogether.

“In the real world there are no miraculous James Bond-style solutions,” he said. “Human tides are irresistible unless the gravitational pull that causes them is removed.”

Speaking earlier in the day, Ms Jolie Pitt said that more than 60 million people – one in 122 – were displaced globally – more than at any time in the past 70 years.

“This tells us something deeply worrying about the peace and security of the world,” she said, adding: “The average time a person will be displaced is now nearly 20 years.”

Ms Jolie Pitt said the “number of conflicts and scale of displacement had grown so large” the system to protect and return refugees was not working.

Save the Children is calling for greater international commitment to ensure child refugees remain in school.

The charity’s new report, A New Deal for Refugees, says only one in four refugee children is now enrolled in secondary school.

It is calling on governments and aid agencies to adopt a new policy framework that will ensure no refugee child remains out of school for more than a month.

It is an ambitious target but there is growing concern that this migration crisis is producing a lost generation of children which means conditions for even greater insecurity and poverty.

A note on terminology: The BBC uses the term migrant to refer to all people on the move who have yet to complete the legal process of claiming asylum. This group includes people fleeing war-torn countries such as Syria, who are likely to be granted refugee status, as well as people who are seeking jobs and better lives, who governments are likely to rule are economic migrants.