Declining Deportations and Increasing Criminal Alien Releases

Declining Deportations and Increasing Criminal Alien Releases –

The Lawless Immigration Policies of the Obama Administration

Subcommittee on Immigration and the National Interest

May 19, 2016

Statement of Mark Krikorian

Executive Director, Center for Immigration Studies

Hearing May 19, 2016

Deportation is crucial. Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave.

– Barbara Jordan

CIS: The Obama administration has embraced a radical new approach to immigration law. It has, without the consent of Congress, transformed violation of immigration law into a “secondary offense.” That is to say, the goal is to ensure that an alien faces consequences for breaking immigration law only if he also breaks some other, “real,” law involving, say, violence or drug dealing. And even then, the primary violation has to be quite severe to warrant deportation for the (secondary) immigration offense.

This is comparable to the seat belt laws in many states; in places where failing to wear a seat belt is a secondary offense, a police officer cannot pull you over just for that, but if he pulls you over for speeding or some other primary offense, he can then also write a seat belt citation.

The administration’s November 2014 deportation priorities memo pretends this is not so; it includes ordinary violations of immigration law, but only as the lowest priority for deportation. And the collapse in interior removals of immigration violators shows that this third priority category is just for show.

John Sandweg, former acting director of ICE, stated the Obama administration position succinctly: “If you are a run-of-the-mill immigrant here illegally, your odds of getting deported are close to zero.”

This extra-legal shift in the conception of the immigration statute has been misleadingly packaged as “prosecutorial discretion.” True prosecutorial discretion is exercised by individual law enforcement officers in ways that do not undermine the agency’s mission. For instance, if a state trooper stops you for speeding and your documents are in order, you’ve interacted with him in a respectful manner, and your toddler in the back seat is crying because she needs her diaper changed — and he lets you off with a warning rather than a fine, that is prosecutorial discretion.

What the Obama administration has done is use discretion as a pretext for simply exempting the vast majority of immigration violators from any possibility of legal consequences.

The results of this transformation of immigration law are clear in the data. ICE statistics show that deportations from the interior (aliens arrested by ICE deportation officers and special agents, as opposed to the Border Patrol) have collapsed, from 236,000 in President Obama’s first year in office to 72,000 last year, a decline of 70 percent over the course of this administration:

Not only have total interior deportations collapsed, but even the removal of criminals has declined by more than half, from about 150,000 in 2010 and 2011 to about 63,000 last year — this despite the Obama administration’s claim of prioritizing such removals:

This decline has occurred despite increases in the number of criminal aliens identified by ICE, largely from the nationwide implementation of the Secure Communities program, which screened the fingerprints of aliens arrested by local law enforcement agencies. This successful program, which was tremendously popular with local law enforcement agencies, was dismantled by the president’s November 2014 executive actions, and replaced by the Priority Enforcement Program (PEP). ICE removal officers are still alerted to the arrest of criminal aliens by local police, but are prohibited by the White House and subservient ICE political leadership from acting on that information.

This collapse in deportations is not because we’ve run out of illegal aliens. After declining in 2007-2009 because of new enforcement efforts at the end of the Bush administration, followed by the recession, the number of illegal aliens has remained essentially constant at between 11 and 12 million. Many of these are new illegal arrivals — we estimate that some 2.5 million new illegal immigrants settled here during the first six years of the Obama administration, offset mainly by departures and legalizations.

Nor is the steep drop in deportations due to a lack of resources. Last year the Obama administration re-programmed $113 million that Congress had provided to ICE/ERO for enforcement and gave it to other agencies within DHS. The White House 2017 budget request actually seeks a decrease in funding for immigration enforcement, most notably a decrease of $100 million in funding for detention beds — from 34,000 beds to 30,900 — and a 15 percent decrease in funding for fugitive operations (i.e., the effort to locate the roughly 900,000 people ordered deported who simply ran off).

Rather, the collapse in enforcement is a policy choice of the Obama administration. Its strategic vision is, as I described above, to downgrade the immigration law to a secondary status. Among the tactics that serve this strategy, especially with regard to criminals, is the termination of the successful Secure Communities program and its replacement with the Priority Enforcement Program (PEP). There are three ways PEP suppresses enforcement:

  1. The new, more restrictive PEP prioritization scheme exempts a larger number of criminal aliens from deportation. Essentially, under PEP the only aliens ICE officers can target for deportation are people convicted of felonies, multiple “serious” misdemeanors, certain gang members, terrorists, and recent deportees. This exempts large numbers of criminal aliens from deportation.
  2. PEP imposes new logistical hurdles for ICE, most notably the requirement that an alien be convicted before ICE takes custody — which can enable a criminal alien to abscond from facing charges, or in some cases walk out of a courthouse or jail before ICE is aware that the offender is being released; and
  3. PEP explicitly allows local governments to impose non-cooperation or sanctuary policies on local law enforcement agencies. In 2014, local sanctuary jurisdictions released more than 10,000 aliens that local ICE field officers were seeking to deport.

As a result of these policies, fewer deportable aliens (and criminal aliens) are being removed from the country and criminal aliens who formerly would have been removed are now being released back to our communities only to commit new crimes.

There is an enormous public safety cost to these enforcement suppression policies. Since 2013 ICE has released approximately 85,000 criminal aliens from its custody. Many of these aliens have gone on to commit additional crimes. More than 125 have since been charged with homicide.

Here are some of the most egregious examples of crimes committed by illegal aliens released from ICE custody because of the president’s prioritization rules:

Sarah Root. In Omaha, Nebraska, on January 31, 2016, an illegal alien named Eswin Mejia, age 19, who had entered illegally as an “unaccompanied minor” but was allowed to stay with his brother, was drag racing while drunk and crashed his pick-up truck into the back of a car driven by Sarah Root, age 21. She died in the hospital soon after, just a day after her graduation from college. Mejia was arrested several days later for felony motor vehicle homicide. He had prior infractions as well. Bail was set at $50,000. Knowing Mejia was an illegal alien, local police contacted ICE five times to urgently request a detainer, fearing he would flee after making bail. ICE refused, saying that Mejia “did not meet ICE’s enforcement priorities.” As the local police feared, Mejia disappeared after posting bail.

Grant Ronnebeck. A 21-year-old man who was murdered while working at a convenience store in Mesa, Arizona. Ronnebeck’s killer was an illegal alien who was released by ICE in 2013 after conviction for a burglary and kidnapping involving drug dealing, to await an immigration hearing years in the future.

Katerin Gomez. This 35-year-old mother of three children under age 13 was killed in Chelsea, Massachusetts, on October 18, 2014, by a stray bullet through her window. The gun was fired during a street brawl allegedly by Hector Ramires, a 21-year old illegal alien member of the notoriously violent MS-13 gang, who was at large awaiting trial for two prior arrests for armed robbery (one with a gun, one with a knife), in which his illegal status and gang membership were noted. The police report also includes mention of prior criminal involvement in his home country of Honduras. ICE did not issue a detainer or initiate deportation proceedings after either prior arrest, nor did it make an effort to charge Ramires as an illegal alien in possession of a firearm, which is a felony punishable by up to 10 years in prison.

Greg Morton. This Frederick County (Maryland) sheriff’s deputy was attacked last November while sitting in his vehicle by Jose Misael Reyes-Reyes, an 18-year-old illegal alien who had entered as an unaccompanied minor. The attacker was a member of the notoriously violent MS-13 gang and had prior arrests, including one for carrying a dangerous weapon. ICE declined to take him into custody after the prior arrests because he was already awaiting an immigration court hearing.

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Prioritizing enforcement resources is not, in itself, the problem we face in immigration. Applying any body of law requires trade-offs and choices. The Treasury Department, for instance, devotes significant resources to the detection of money-laundering by organized crime or funding for terrorists. But it also has parallel initiatives of routine enforcement, to serve as a deterrent for ordinary taxpayers who might be tempted to cheat. Likewise in traffic enforcement; a driver doing 100 miles per hour through a school zone, firing a gun out the window, will obviously be top priority — but at the same time, there are parallel, routine enforcement efforts — speed traps and the like — to deter ordinary people from endangering others with unsafe driving.

If the IRS were to issue memos exempting anyone who’s not a mobster or terrorist from paying taxes, Congress would be aghast. Yet that is precisely what ICE has been ordered to do in the immigration context.

Some might object that the anticipated “raids” to take Central American illegal aliens into custody prove that the administration has not relegated immigration law to secondary status. Unfortunately, the opposite is true. The first round of “raids,” in January, netted a whopping 121 people — out of thousands of recent Central American illegal aliens — and only 70 of them were actually deported. Even if this next round of apprehensions is several times larger, it still amounts to nothing more than “enforcement theater.” It’s not even good enforcement theater. These Kabuki raids are too small — microscopic would be more accurate — to change the perception in Central America that if you get into the United States it’s unlikely you’ll ever be required to leave.

Despite staged disagreements with the administration over immigration enforcement, Congresswoman Pelosi concisely articulated the view she shares with the White House when she said in 2013 that “Our view of the law is that … if somebody is here without sufficient documentation, that is not reason for deportation.”

This is very different from an earlier Democratic congresswoman, Barbara Jordan, a civil rights pioneer and champion of the rule of law. As head of the bipartisan U.S. Commission on Immigration Reform, Jordan testified before Congress that “Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave.”

SCOTUS: Illegals can be Deported for Minor Crimes

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

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.”

Questions and Anger on Transfer of El Chapo

The Transfer of Mexican Drug Boss ‘El Chapo’ to a Less-Secure Prison Raises Concerns
“It just doesn’t make any sense,” says the former head of the DEA


Time: (MEXICO CITY) — Questions arose on both sides of the border about the decision to relocate convicted drug lord Joaquin “El Chapo” Guzman to a region that is one of his cartel’s strongholds, and a Mexican security official acknowledged Sunday that the sudden transfer was to a less-secure prison.

The official said that in general the Cefereso No. 9 prison on the outskirts of Ciudad Juarez, across from El Paso, Texas, is not as impregnable as the maximum-security Altiplano facility near Mexico City where he had been held. The official wasn’t authorized to discuss Guzman’s case publicly and agreed to do so only if not quoted by name.

The official said, however, that Guzman is being held in a maximum-security wing where the same protocols are being enforced as in Altiplano, including 24-hour monitoring via a camera in his cell.

Multiple analysts told The Associated Press that there was no sign of a link between the prison switch and extradition.
There will be no escape, ” Duarte told local media. “If he was brought here from Altiplano it’s because the security conditions are way above those of Altiplano, that’s what the federal government settled on.”

Related reading from FBI

Authorities said the move was due to security upgrades at Altiplano and also part of a routine policy to rotate inmates for security reasons. Analysts said officials may also have wanted to shake up his confinement to thwart any escape plans that could have been in the works.

Vigil said it would be a mistake to try to hold Guzman in the Juarez prison for long.

“If they keep him there for a prolonged period of time, the Mexican government certainly is risking that he escapes,” Vigil said. “And if he escapes, it would just completely decimate the credibility of the Mexican government.”

According to a 2015 report by the governmental National Human Rights Commission, Cefereso No. 9 got the lowest overall quality rating for any of Mexico’s 21 federal prisons at 6.63 on a scale of 0 to 10. Altiplano was the 10th best, with a rating of 7.32.

Cefereso No. 9 got low marks for guaranteeing a “dignified” stay and for handling inmates with special requirements. It got middling scores for guaranteeing prisoners’ safety and well-being, and for rehabilitation.

It was also listed as somewhat overcrowded, with 1,012 inmates living in a facility designed to hold 848. Authorities acknowledge overcrowding is a widespread problem throughout Mexico’s penitentiary system.

Overall, Cefereso No. 9 got a “yellow” evaluation for 2015 on the report’s stoplight-style rating system. That was improved from “red” in 2014, even if its numerical score was still the country’s lowest.

“Governability” was the only area where the prison received a “green,” or good, rating. Altiplano also got a “green” rating for the category.

“El Chapo” first broke out of prison in 2001 and spent more than a decade on the run, becoming one of the world’s most-wanted fugitives. He was recaptured in 2014, only to escape the following year. Mexican marines re-arrested him in the western state of Sinaloa in January, after he fled a safe house through a storm drain.

Guzman was returned to Altiplano, where officials beefed up his security regimen. He was placed under constant observation from a ceiling camera with no blind spots, and the floors of top-security cells were reinforced with metal bars and a 16-inch (40-centimeter) layer of concrete. Prison authorities also restricted his visits.

Facebook Suppression of Conservatives Revealed

Former Facebook Workers: We Routinely Suppressed Conservative News

Gizmodo: Facebook workers routinely suppressed news stories of interest to conservative readers from the social network’s influential “trending” news section, according to a former journalist who worked on the project. This individual says that workers prevented stories about the right-wing CPAC gathering, Mitt Romney, Rand Paul, and other conservative topics from appearing in the highly-influential section, even though they were organically trending among the site’s users.

Several former Facebook “news curators,” as they were known internally, also told Gizmodo that they were instructed to artificially “inject” selected stories into the trending news module, even if they weren’t popular enough to warrant inclusion—or in some cases weren’t trending at all. The former curators, all of whom worked as contractors, also said they were directed not to include news about Facebook itself in the trending module.

In other words, Facebook’s news section operates like a traditional newsroom, reflecting the biases of its workers and the institutional imperatives of the corporation. Imposing human editorial values onto the lists of topics an algorithm spits out is by no means a bad thing—but it is in stark contrast to the company’s claims that the trending module simply lists “topics that have recently become popular on Facebook.”

Related reading: I Asked a Privacy Lawyer What Facebook’s New Terms and Conditions Will Mean for You

These new allegations emerged after Gizmodo last week revealed details about the inner workings of Facebook’s trending news team—a small group of young journalists, primarily educated at Ivy League or private East Coast universities, who curate the “trending” module on the upper-right-hand corner of the site. As we reported last week, curators have access to a ranked list of trending topics surfaced by Facebook’s algorithm, which prioritizes the stories that should be shown to Facebook users in the trending section. The curators write headlines and summaries of each topic, and include links to news sites. The section, which launched in 2014, constitutes some of the most powerful real estate on the internet and helps dictate what news Facebook’s users—167 million in the US alone—are reading at any given moment.

“Depending on who was on shift, things would be blacklisted or trending,” said the former curator. This individual asked to remain anonymous, citing fear of retribution from the company. The former curator is politically conservative, one of a very small handful of curators with such views on the trending team. “I’d come on shift and I’d discover that CPAC or Mitt Romney or Glenn Beck or popular conservative topics wouldn’t be trending because either the curator didn’t recognize the news topic or it was like they had a bias against Ted Cruz.”

The former curator was so troubled by the omissions that they kept a running log of them at the time; this individual provided the notes to Gizmodo. Among the deep-sixed or suppressed topics on the list: former IRS official Lois Lerner, who was accused by Republicans of inappropriately scrutinizing conservative groups; Wisconsin Gov. Scott Walker; popular conservative news aggregator the Drudge Report; Chris Kyle, the former Navy SEAL who was murdered in 2013; and former Fox News contributor Steven Crowder. “I believe it had a chilling effect on conservative news,” the former curator said.

Another former curator agreed that the operation had an aversion to right-wing news sources. “It was absolutely bias. We were doing it subjectively. It just depends on who the curator is and what time of day it is,” said the former curator. “Every once in awhile a Red State or conservative news source would have a story. But we would have to go and find the same story from a more neutral outlet that wasn’t as biased.”

Stories covered by conservative outlets (like Breitbart, Washington Examiner, and Newsmax) that were trending enough to be picked up by Facebook’s algorithm were excluded unless mainstream sites like the New York Times, the BBC, and CNN covered the same stories.

Other former curators interviewed by Gizmodo denied consciously suppressing conservative news, and we were unable to determine if left-wing news topics or sources were similarly suppressed. The conservative curator described the omissions as a function of his colleagues’ judgements; there is no evidence that Facebook management mandated or was even aware of any political bias at work.

Managers on the trending news team did, however, explicitly instruct curators to artificially manipulate the trending module in a different way: When users weren’t reading stories that management viewed as important, several former workers said, curators were told to put them in the trending news feed anyway. Several former curators described using something called an “injection tool” to push topics into the trending module that weren’t organically being shared or discussed enough to warrant inclusion—putting the headlines in front of thousands of readers rather than allowing stories to surface on their own. In some cases, after a topic was injected, it actually became the number one trending news topic on Facebook.

“We were told that if we saw something, a news story that was on the front page of these ten sites, like CNN, the New York Times, and BBC, then we could inject the topic,” said one former curator. “If it looked like it had enough news sites covering the story, we could inject it—even if it wasn’t naturally trending.” Sometimes, breaking news would be injected because it wasn’t attaining critical mass on Facebook quickly enough to be deemed “trending” by the algorithm. Former curators cited the disappearance of Malaysia Airlines flight MH370 and the Charlie Hebdo attacks in Paris as two instances in which non-trending stories were forced into the module. Facebook has struggled to compete with Twitter when it comes to delivering real-time news to users; the injection tool may have been designed to artificially correct for that deficiency in the network. “We would get yelled at if it was all over Twitter and not on Facebook,” one former curator said.

In other instances, curators would inject a story—even if it wasn’t being widely discussed on Facebook—because it was deemed important for making the network look like a place where people talked about hard news. “People stopped caring about Syria,” one former curator said. “[And] if it wasn’t trending on Facebook, it would make Facebook look bad.” That same curator said the Black Lives Matter movement was also injected into Facebook’s trending news module. “Facebook got a lot of pressure about not having a trending topic for Black Lives Matter,” the individual said. “They realized it was a problem, and they boosted it in the ordering. They gave it preference over other topics. When we injected it, everyone started saying, ‘Yeah, now I’m seeing it as number one’.” This particular injection is especially noteworthy because the #BlackLivesMatter movement originated on Facebook, and the ensuing media coverage of the movement often noted its powerful social media presence.

(In February, CEO Mark Zuckerberg expressed his support for the movement in an internal memo chastising Facebook employees for defacing Black Lives Matter slogans on the company’s internal “signature wall.”)

When stories about Facebook itself would trend organically on the network, news curators used less discretion—they were told not to include these stories at all. “When it was a story about the company, we were told not to touch it,” said one former curator. “It had to be cleared through several channels, even if it was being shared quite a bit. We were told that we should not be putting it on the trending tool.”

(The curators interviewed for this story worked for Facebook across a timespan ranging from mid-2014 to December 2015.)

“We were always cautious about covering Facebook,” said another former curator. “We would always wait to get second level approval before trending something to Facebook. Usually we had the authority to trend anything on our own [but] if it was something involving Facebook, the copy editor would call their manager, and that manager might even call their manager before approving a topic involving Facebook.”

Gizmodo reached out to Facebook for comment about each of these specific claims via email and phone, but did not receive a response.

Several former curators said that as the trending news algorithm improved, there were fewer instances of stories being injected. They also said that the trending news process was constantly being changed, so there’s no way to know exactly how the module is run now. But the revelations undermine any presumption of Facebook as a neutral pipeline for news, or the trending news module as an algorithmically-driven list of what people are actually talking about.

Rather, Facebook’s efforts to play the news game reveal the company to be much like the news outlets it is rapidly driving toward irrelevancy: a select group of professionals with vaguely center-left sensibilities. It just happens to be one that poses as a neutral reflection of the vox populi, has the power to influence what billions of users see, and openly discusses whether it should use that power to influence presidential elections.

“It wasn’t trending news at all,” said the former curator who logged conservative news omissions. “It was an opinion.”

[Disclosure: Facebook has launched a program that pays publishers, including the New York Times and Buzzfeed, to produce videos for its Facebook Live tool. Gawker Media, Gizmodo’s parent company, recently joined that program.]

 

History and Money, Immigrants into the U.S.

Drug traffic route in the region

by: Susan Fitzpatrick Behrens

The porous 600-mile border between Guatemala and Mexico offers Central American immigrants a ready passage to “el norte“—the United States. It includes 63 uncontrolled transit points, 44 of which can be passed in a vehicle.

The same conditions attracting Central American immigrants also make the Guatemala-Mexico border region home to a thriving drug trade. Guatemala’s Prensa Libre, recently reported that Guatemala’s three departments (or states) bordering Mexico—San Marcos, Huehuetenango, and the Petén—have come under the direct control of violent drug cartels.

In San Marcos, a single drug lord, Juan Ortiz Chamalé, owns virtually all of the properties on the frontier. Huehuetenango is the site of an increasingly violent conflict between Mexican and Guatemalan drug lords. The latest incident there involved a wholesale massacre of 17 to 40 people (estimates vary) at a horserace organized by narcos. While in the Petén, drug mafias, supported by the police, have forced small and large landowners to sell their lands.

Violence, promoted by the drug trade, delinquency, and death squads has become a part of daily life in these Guatemalan departments. Bodies riddled with bullet holes regularly appear by the sides of roads, along riverbeds, and in open fields. Well-documented evidence demonstrates that police and military forces are directly engaged in this violence through their links to drug cartels, the maras (gangs), and death squads.

Undocumented Central American immigrants, fleeing the struggling economies of their respective countries, are often victimized by this violence. And their plight is about to get worse. The recently implemented U.S.-Central American Free Trade Agreement (CAFTA) will surely devastate what is left of rural livelihoods. And, what’s more, the conditions that make the Guatemala-Mexico border an immigrant corridor and a Mecca for drug trafficking also make it a central target of Plan Mexico, the U.S.-financed anti-drug militarization program, pushed through the U.S. Congress by President George Bush in June 2008.

Undocumented Central American immigrants, already subjected to subhuman conditions in their search for viable livelihoods, now face the oppressive confluence of these powerful transnational forces—the drug trade, militarization, and free trade.

Plan Mexico

The U.S.-backed Plan Mexico, known as the “Mérida Initiative” in policy circles, provides $1.6 billion of U.S. taxpayer money to Mexico, Central America, and the Caribbean. The stated intention of the program involves “security aid to design and carry out counter-narcotics, counter-terrorism, and border security measures.”

U.S. Congressional leaders complained about the secrecy of negotiations for Plan Mexico and the absence of human rights guarantees, but they did nothing more than demand the paltry sum of $1 million in additional funding to support human rights groups in Mexico.

Researcher Laura Carlsen has noted that Plan Mexico is the “securitized” extension of trade agreements such as the North American Free Trade Agreement and CAFTA. Indeed, Plan Mexico is the successor project to the Security and Prosperity Partnership (SPP), a post-9/11 initiative negotiated by the NAFTA countries. The State Department’s Thomas Shannon made the link between free trade and security explicit: “We have worked through the Security and Prosperity Partnership to improve our commercial and trading relationship, we have also worked to improve our security cooperation. To a certain extent, we’re armoring NAFTA.”

Evidently, neoconservative policy framers have purposefully coupled free trade and security. Free trade agreements promote the free circulation of goods, while prohibiting the same circulation by workers. Since neoliberal trade deals eliminate agricultural subsidies and open poor countries to a flood of cheap imported goods, economically displaced workers will naturally seek new sources of income—even if that means crossing borders.

Militarizing borders and identifying undocumented workers who cross them as criminals (“illegal”) are the logical—though sordid—next steps in anticipating and “guarding against” the effects of free trade. The militarization of borders has done nothing to stop immigration, which provides an essential labor force to the United States. But the criminalization of undocumented mobile immigrant workers has deprived them of basic rights of citizenship, thereby making them vulnerable to increasing levels of violence and human rights violations.

The U.S.-driven designation of “internal enemies”—in this case immigrants—as a rationale for building an already mushrooming security apparatus and militarizing societies is, of course, nothing new, especially in Latin America. What is new is that this militarization has become nearly void of any social content. Even during the Cold War, U.S. “national security” doctrines were generally accompanied by social programs, such as the Alliance for Progress and the Peace Corps, which in small measure alleviated poverty and explicitly recognized economic conditions as a root of “the problem.”

The end of the Cold War eliminated an even token emphasis on poverty and with it, all but the most minimal efforts to offer social assistance. The Washington Office on Latin America (WOLA) found that the Bush administration granted $874 million in military and police assistance to Latin America in 2004 an amount almost equal to the $946 million provided in economic and social programs. WOLA reported that with the exception of Colombia, military and police aid has historically been less than half of the total provided for economic and social aid. Moreover, military and police aid used to be directed by the U.S. State Department, assuring a degree of congressional oversight. Now, this aid is increasingly managed by the Department of Defense, thereby eliminating this oversight and effectively making militarization the predominant rationale of U.S. foreign policy.

Living on the Border

The situation of Central American immigrants on Mexico’s southern border illustrates the central problems and contradictions of Washington’s emphasis on free trade and militarization. And the situation is certain to get worse as thousands of immigrants are deported by the United States to their countries of origin in Central America.

Immigrants are fully aware of the risks they take, but economic conditions leave them few alternatives. With a look of desperation following a three-day journey from his home, one Honduran immigrant in the Mexican border town of Tapachula explained, “We don’t do this by choice. We don’t want to leave our families. But imagine a man looking at his children and seeing them hungry.” Back home, he faces wages averaging $6 per day in Honduras and a scarcity of opportunities.

When asked about the dangers they anticipate on their journey north, Central American immigrants offer a catalog of terrors: beatings, sexual assaults, robberies, kidnappings, and murders. Ademar Barilli, a Catholic priest and director of the Casa del Migrante in Guatemala’s border town of Tecún Umán, observed, “Immigrants almost expect that their rights will be violated in every sense because they are from another country and are undocumented.”

Heyman Vasquez, a Catholic priest who directs a shelter for migrants in the town of Arriaga in Chiapas, Mexico, maintains detailed records of the violations suffered by migrants passing through his shelter. In a five-month period in 2008, a third of the men and 40% of the women he serves reported assault or some other form of abuse in their 160-mile journey from the Mexico-Guatemala region to Arriaga.

Police are often the perpetrators of these violations. In Guatemala, Father Barilli and others described cases of police forcing Salvadoran and Honduran immigrants to disembark from buses, where they take their documents and demand money. Once they make it into Mexico, immigrants are subject to abuse by Los Zetas, a notorious drug-trafficking network composed of former law enforcement and military agents linked with the Gulf Cartel.

Los Zetas are known to work with Mexican police in the kidnapping of immigrants to demand money from their family members in the United States. Immigrants also report robberies, beatings, and rapes at the hands of Los Zetas. Recently, in Puebla, Mexico, 32 undocumented Central Americans were kidnapped and tortured by the Zetas with the support of municipal police. In this case, after the migrants escaped, local community members captured a number of the responsible police agents and held them until Federal authorities arrived.

A U.S. State Department report on human rights in Mexico from 2007 concluded, “Many police were involved in kidnapping, extortion, or providing protection for, or acting directly on behalf of organized crime and drug traffickers. Impunity was pervasive to an extent that victims often refused to file complaints.”

That impunity means abused migrants have few places to turn is painfully obvious to one Salvadoran immigrant in the Mexican border town of Tapachula. He had just been deported from the United States, where his wife, a legal resident, and two U.S.-born children live in Los Angeles. “The police are involved. You can’t file complaints,” he said. Besides, the wheels of Mexican justice turn notoriously slow—if at all.

Despite the dire scenario, it is not uncommon for many Central American immigrants to receive a helping hand along the way in their journey to El Norte, whether its food, water, money, or shelter. As one undocumented Honduran explained in Tapachula, “Almost everyone has someone in their family who has migrated. Most understand the need.”

“Security” and Violence

Security initiatives in Central America are notoriously violent and further militarize societies still recovering from decades of brutal civil wars. And, historically, when the Pentagon gets involved, repressive tactics increase.

The Bush administration’s principle security concerns in Central America of drug trafficking and “transnational gangs” have led to a series of “security cooperation” agreements. The first regional conference on “joint security” was chaired by El Salvador’s president, Tony Saca, who first introduced the “Mano Dura” (Iron Fist) initiative—a package of authoritarian militarized policing methods aimed at youth gangs adopted throughout the region. In attendance was then-U.S. Attorney General Alberto Gonzales, responsible for advocating torture of prisoners in Guantánamo.

The conference took place in El Salvador in February 2007 and resulted in the creation of a transnational anti-gang unit (TAG), which El Salvador’s justice and security minister, René Figueroa described as “an organized offensive at a regional level,” with the US State Department and the FBI coordinating with national police forces. Gonzales, promised Washington would finance a new program to train regional police forces and this promise has been fulfilled partially with the establishment of a highly controversial police-training academy in El Salvador, which is closed to public scrutiny and includes little support for human rights.

In many ways, Plan Mexico, is a mano dura campaign writ large. For 2008, Plan Mexico will provide $400 million to Mexico and $65 million to Central America. More than half of the total funds will go directly to providing police and military weapons and training, even though the police and military in these countries have been implicated in crime and human rights violations.

As Plan Mexico arms and trains military and police forces implicated in violent crime, it also provides millions of dollars for an immigration institute responsible for tightening Mexico’s southern borders through monitoring, bio-data collection, a Guatemalan guest-worker program, and border control.

Undocumented immigrants will be caught in the web of this violence, particularly since Plan Mexico also continues the trend toward the criminalization of migrants. As Laura Carlsen, observes, “By including ‘border security’ and explicitly targeting ‘flows of illicit goods and persons,’ the initiative equates migrant workers with illegal contraband and terrorist threats.”

The dehumanization of undocumented immigrants in the United States, and elsewhere, and the growing infringement of their basic rights should serve as a dire warning to all “citizens.” The undocumented are the canaries in the coalmine: the violation of their rights signals a growing repressive climate that jeopardizes everyone’s liberties.

Fire on the Border

Free trade agreements create the conditions that force people to migrate to the United States as an underpaid, politically disenfranchised, and therefore unprotected labor force. Now the economic crisis in the United States has increased pressure to expel undocumented workers, violating a host of human rights standards in the process. Deportations also increase labor pressure in immigrants’ countries of origin, where the global economic crisis stands to further decrease the already limited opportunities for work in “legitimate” industries.

From a purely humanitarian perspective, the governments of the United States, Mexico, and Central America need to address this crisis by developing policies that improve the conditions of poverty that cause immigration. Throwing guns at the problem will only make things worse.

Sure, drug lords are firmly entrenched in the Guatemala-Mexico border region. But Plan Mexico will no more eliminate their presence, than the Mano Dura campaigns eliminated the gangs. Or, for that matter, any more than the militarization of borders has eliminated immigration. Instead, Plan Mexico, like its predecessors, will increase the level of violence in the region by providing more weapons to corrupt police and military forces.

As more and more resources shift toward militarization, policing and surveillance, fewer resources are available for programs that ease pressure to emigrate—namely, education, jobs, medical care, food subsidies, housing, and legal recourse. Meanwhile, governments are increasingly ceding responsibility for protection of even narrowly defined human rights to under-funded non-governmental organizations.

Repressive immigration policies, narcotrafficking, and free trade all combined to form a combustible situation along the Mexico-Guatemala border. Plan Mexico is the spark, and once the flames start, no one will be able to put out the fire. And it’s the undocumented migrants who will continue to get burned.