‘Zap Lanny out of our Universe’: Demonstrates ‘intent’

 

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Illegals are Covered Under Obamacare, Words Matter

7 Years ago, Barack Obama delivered a speech declaring that Obamacare would not insure those that are here illegally. Congressman Joe Wilson yelled, ‘you lie’. Well Joe Wilson was right all along, so he deserves the apology.

CRS: The degree to which foreign nationals (noncitizens/aliens)1 should be accorded access to certain benefits as a result of their presence in the United States, as well as the responsibilities of such persons given their legal status (e.g., immigrants, nonimmigrants, unauthorized aliens), often figures into policy discussions in Congress. These issues become particularly salient when Congress considers legislation to establish new immigration statuses or to create or modify benefit and entitlement programs.

The 111th Congress enacted the Patient Protection and Affordable Care Act (P.L. 111-148), which has been amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and several other bills. (ACA refers to P.L. 111-148 as amended by P.L. 111-152 and the other legislation.)2 The ACA created new responsibilities (e.g., the requirement that most people in the United States obtain health insurance) and new benefits (e.g., tax credits to help certain people purchase health insurance), and it addressed the eligibility and responsibility of foreign nationals for these provisions. One issue that has arisen during debates to amend provisions in the ACA and during discussions of immigration reform is the eligibility of foreign nationals for some of the ACA’s key provisions.

This report opens with a discussion of several different statutory and regulatory definitions of lawfully present. On the surface, alien eligibility for provisions under the ACA appears straightforward. In general, those who are lawfully present are eligible, and those who are not lawfully present are not eligible. However, due to differing definitions of “lawfully present” and the interaction between the treatment of noncitizens under tax law, the Immigration and Nationality Act, and the ACA, the eligibility of individuals with certain immigration statuses for these provisions can become more complicated.

 

This report then analyzes the eligibility of foreign nationals for key provisions in the ACA that have restrictions based on immigration status: the requirement to maintain health insurance, the ability to purchase insurance through an exchange, and eligibility for the premium tax credit and cost-sharing subsidies.3 It includes consideration of the implementing regulations and the impact of the Supreme Court’s ruling in National Federation of Independent Business v. Sebelius.4 This report concludes with information on the alien-status verification process.

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Treatment of Noncitizens Under the Patient Protection and Affordable Care Act (ACA)

The following section discusses alien eligibility for the following provisions under the ACA: the health insurance mandate, the exchanges (the Marketplace), and premium tax credits and cost-sharing subsidies. In general, aliens are separated into two groups for eligibility purposes under the ACA: aliens who are “lawfully present in the United States” are eligible for these provisions, while aliens who are not “lawfully present in the United States” are ineligible.

Definition of Lawfully Present

One of the complexities of alien eligibility for the ACA stems from the difficulty of defining who is considered lawfully present. The regulations implementing the ACA define lawfully present to include immigrants, asylees/refugees, nonimmigrants, and most other noncitizens who are known to the U.S. government and have been given some type of permission to remain temporarily in the United States. (For the full list, see Appendix A.) “Lawfully present” was first defined by regulation in this context for the purposes of eligibility for the high risk pools for uninsured people with pre-existing conditions.5 Since then, all regulations regarding the ACA have referenced that definition for the health insurance mandate, the exchanges, and the premium credit and cost-sharing subsidies.6 The definition of lawfully present for the ACA is identical to the Center for Medicaid and Medicare Services (CMS) policy definition of “lawfully residing” for Medicaid and CHIP eligibility7 and is similar to the definition of “lawfully present” for Social Security eligibility.8

 

Nonetheless, “lawfully present” is not a term that is widely used within the Immigration and Nationality Act (INA). The INA divides foreign nationals into two general types of legal statuses for admission to the United States: immigrants and nonimmigrants. Under the INA, other aliens may have permission to be in the United States, but they do not have an immigration status. The term “lawfully present” in the INA is only defined in regards to noncitizen eligibility for Social Security.9 The INA also defines the term “unlawfully present” specifically for purposes of determining inadmissibility, but that definition is not equivalent to the definition of “lawfully present” for purposes of the ACA.

There are noncitizens who have temporary permission to remain in the Unites States under narrowly defined circumstances such as those with temporary protected status (TPS),11 withholding of removal,12 Deferred Enforced Departure,13 and parole14—often referred to as the “quasi-legal population.” This “quasi-legal” population is counted by researchers at the Department of Homeland Security (DHS) and at the Pew Research Center’s Hispanic Trends Project—the two main entities that estimate the unauthorized alien population—as part of the unauthorized (illegal) population. Although these “quasi-legal” migrants comprise a small percentage of the total noncitizen population, most are considered “lawfully present” for the purposes of the ACA.15 (For a discussion of these estimates, see Appendix B, “Estimates of the Noncitizen Population in the United States.”)

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Tax Treatment of Noncitizens

For purposes of the ACA, understanding the U.S. income tax treatment of noncitizens may be important for several reasons, including that any noncitizen who is a nonresident alien—which is a tax law term—is not subject to the individual mandate.22 Also, some might be interested in understanding the tax liability of noncitizens in light of the fact that the IRS may face difficulty in enforcing the mandate against any taxpayer (citizen or resident alien) who does not receive a tax refund.

For federal tax purposes, foreign nationals are classified as resident or nonresident aliens.23 These terms are used in the Internal Revenue Code (IRC) but do not exist in the Immigration and Nationality Act (INA).24 As a result, the specific immigration statuses under the INA do not align directly with the terms resident and nonresident alien.25

In general, an individual is a nonresident alien unless he or she meets the qualifications under either residency test:

Green card test: the individual is a lawful permanent resident of the United States at any time during the current year, or

 Substantial presence test: the individual is present in the United States for at least 31 days during the current year and at least 183 days during the current year and previous two years (counting all the qualifying days in the current year, one-third of the days in the prior year, and one-sixth of the days in the earliest year).

There are several situations in which an individual may be classified as a nonresident alien even though he or she meets the substantial presence test. For example, an individual will generally be treated as a nonresident alien if he or she has a closer connection to a foreign country than to the United States, maintains a “tax home” in the foreign country, and is in the United States for fewer than 183 days during the year.27 Another example is that an individual in the United States under an F-, J-, M-, or Q-visa—students, teachers, trainees, and cultural exchange visitors—may be treated as a nonresident alien if he or she has substantially complied with visa requirements.28 This treatment generally applies to foreign students (most foreign students are on F visas) for their first five years in the United States and to teachers and trainees for the first two years. (You can read the full report here if you can stand it.)

 

Russian Operations Inside the United States

This site has posted countless articles on Russia clandestine operations around the world and the blueprint for what Putin’s ultimate objective may be. Putin not only affects the United States but the UK spy chief is declaring the same thing.

MI5 head: ‘increasingly aggressive’ Russia a growing threat to UK

Exclusive: In first newspaper interview given by a serving spy chief, Andrew Parker talks of terror, espionage and balance between secrecy and privacy

 Andrew ParkerAndrew Parker said Russia was ‘using its whole range of state organs and powers to push its foreign policy abroad in increasingly aggressive ways’. Photograph: Jeff Overs/BBC/PA

Denial is a dangerous conditions and facts matter.

During the last months of the United States presidential campaigns, much has been investigated and written about how Moscow has injected itself into the process least of which is hacking….and the Kremlin does have global hacking operations without dispute.

Hillary and her team are targeting Donald Trump for his Russian connections and that is followed by Harry Reid saying the same. Intelligence briefings are given weekly to key members of Congress that have chairman positions on certain committees and Trump has been included in those. Two media outlets, Slate and the New York Times have provided some deep summaries of investigations between Trump and a Russian bank surrounding a server. White Hats performed these studies.

Then there is Hillary herself and at least two events for which she colluded with Russia. Secretary Clinton approved the Open Skies Treaty with Moscow but worse she was the marshal of the agreement with the Kremlin and an IT company called Skolkovo. This company is a high tech espionage operation. Due to WikiLeaks we cannot leave out Hillary chief campaign architect, John Podesta for his investments with Russian oligarchs.

Do we have such a short memory that we have deported countless Russian spies back to the motherland?

Brooklyn Resident And Two Russian Nationals Arrested In Connection With Scheme To Illegally Export Controlled Technology To Russia Defendants Used Brooklyn-Based Front Companies to Procure Sophisticated Military and Satellite Technology on Behalf of Russian End-Users

It must be noted with distinction that the FBI is the only agency that assigns agents to run covert operations to track foreign operatives. It is also noted that James Comey has stopped short of his own declaration as to whether Russia is involved in missions inside the United States when several other agencies have published statements that Russia has operations inside the United States. What Comey may be covering is a real time and ongoing mission to track and trace more than one case dealing with Russian intrusion and he does not want that cover blown. That is how it works.

Two U.S. Diplomats Drugged In St. Petersburg Last Year, Deepening Washington’s Concern

2015: FBI: We Busted A Russian Spy Ring In New York City

Ex-aide to Putin died of blunt force trauma at D.C. hotel, medical examiner says

Now, lets go back to Putin himself and the recent changes he has made to his own intelligence agencies, obviously we need reminders.

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Vladimir Putin resurrects the KGB

The new agency revives the name of Stalin’s secret police and will be larger and more powerful than today’s FSB.

By

Politico/MOSCOW — Soon after he was first appointed prime minister back in 1999, Vladimir Putin joked to an audience of top intelligence officers that a group of undercover spies, dispatched to infiltrate the government, was “successfully fulfilling its task.”

It turns out Putin doesn’t do jokes. Over Putin’s years in power, not just the Kremlin but almost every branch of the Russian state has been taken over by old KGB men like himself.

Last week news broke that their resurgence is soon to be topped off with a final triumph — the resurrection of the old KGB itself. According to the Russian daily Kommersant, a major new reshuffle of Russia’s security agencies is under way that will unite the FSB (the main successor agency to the KGB) with Russia’s foreign intelligence service into a new super-agency called the Ministry of State Security — a report that, significantly, wasn’t denied by the Kremlin or the FSB itself.

The new agency, which revives the name of Stalin’s secret police between 1943 and 1953, will be as large and powerful as the old Soviet KGB, employing as many as 250,000 people.

The creation of the new Ministry of State Security represents a “victory for the party of the Chekists,” said Moscow security analyst Tatyana Stanovaya, referring to the first Bolshevik secret police. The important difference is that, at its core, the reshuffle marks Putin’s asserting his own personal authority over Russia’s security apparatus.

Putin, who in 2004 said that “there is no such thing as a former KGB man,” has always had a complicated relationship with the FSB.

On the one hand, Putin has allowed the FSB to absorb pieces of the old KGB, chopped off when Boris Yeltsin tried to dismantle the once all-powerful Soviet security apparatus in the early 1990s. Under Putin, the FSB regained control over Russia’s borders, border troops, and electronic intelligence gathering. At the same time, former KGB men began their takeover of every institution of state, as well as Russian businesses.

But at the same time, Putin has made several attempts to reform and control the FSB. In 2007 he put his close ally Viktor Cherkesov in charge of the Federal Anti-Drug Agency and tasked it with investigating the murky business dealings of top FSB officers. When Cherkesov’s clean-up failed, Putin built up another rival security agency, the Investigative Committee, and tasked it, rather than the FSB, with investigating high-profile political murders like those of journalist Anna Politkovskaya and opposition politician Boris Nemtsov.

“The aim in all cases seems to be to replace old-guard Putin allies with younger, more loyal and less independent figures.”

Now, however, Putin seems to have put that divide-and-rule policy into reverse and is instead consolidating power into a pair of super-agencies: the National Guard — created in July, that united internal security troops under the Kremlin’s control — and now the new Ministry of State Security. Putin will personally control these super-agencies.

“On the night of September 18 to 19 … the country went from authoritarian to totalitarian,” wrote former liberal Duma deputy Gennady Gudkov on his Facebook page.

Further evidence of Putin’s gathering of power into his own hands is an ongoing purge launched over the summer that has already claimed the heads of the Federal Narcotics Service, Federal Protection Service (Putin’s bodyguard), the Federal Migration Service and Russian Railways, as well as the president’s Chief of Staff and personal confidant Sergei Ivanov.

The aim in all cases seems to be to replace old-guard Putin allies with younger, more loyal and less independent figures. The same pattern has been repeated among regional governors — four of whom have recently been sacked, and two replaced by Putin’s personal bodyguards.

Protect the regime

The creation of the Ministry of State Security is part of a “project aimed at replacing old allies with new ones,” said independent Moscow-based analyst Stanislav Belkovsky. Putin “dislikes being surrounded by people who feel untouchable because of their personal closeness to him. He doesn’t want to have anything to do with his old friends, he wants people who can execute his will.”

He’s even selected a hatchet man — Sergei Korolev, head of the FSB’s economic security department — to prosecute and eliminate any independent voices in the new Security Ministry, said Belkovsky.

The deeper significance of all these purges and reshuffles goes beyond just Kremlinology. They are clear signs of a regime bracing for trouble. Ever since oil prices began to tumble in 2013, the Kremlin has been preparing for unrest and discontent — primarily with the help of distractions such as annexing Crimea and the campaign in Syria. But Putin is preparing an iron fist too.

“I can’t remember a time when so many security service guys ascended to power at once” — Dmitry Gudkov, State Duma

“The KGB, it should be remembered, was not a traditional security service in the Western sense — that is, an agency charged with protecting the interests of a country and its citizens,” wrote security analyst Andrei Soldatov, founder of the Agentura.Ru website. “Its primary task was protecting the regime. Its activities included hunting down spies and dissidents and supervising media, sports, and even the church. It ran operations both inside and outside the country but, in both spheres, the main task was always to protect the interests of whoever currently resided in the Kremlin.”

That’s precisely what the Kremlin needs today as inflation remains in double digits and Russian business remains cut off from international financial markets and investment by Western sanctions over Ukraine.

“I can’t remember a time when so many security service guys ascended to power at once,” Dmitry Gudkov, an independent State Duma deputy, wrote of the summer’s purges on his Facebook page. “We don’t know anything about these people’s management expertise. Preparing the guns for battle, closing ranks — this is what these appointments are all about. [The Kremlin] can’t trust anyone but those in uniform.”

‘Terminator 2’

And there’s a final, more personal reason for Putin’s purge and revival of the Ministry of State Security.

“In some ways, this is a sign of Putin’s strength, because he feels confident enough to full, personal, authoritarian rule,” said Belkovsky, who advised the Kremlin in the mid-2000s. “It’s also a sign of weakness because the reason behind it is to defuse the possibility of a palace coup.” Putin is a “man of systems and institutions” according to Belkovsky and, as such, knows his allies are also the greatest threats to his rule.

In creating the super ministry, Putin is completing a full 25-year circle. When Boris Yeltsin came to power in 1991 in the wake of a hardline coup against Mikhail Gorbachev largely sponsored by the KGB and its boss, Vladimir Kryuchkov, Russia’s new leader attempted to create a security agency that would not meddle in politics or society and confine itself strictly to law enforcement.

Yeltsin failed. According to Soldatov, by the mid-1990s “various component parts and functions of the old KGB had begun to make their way back to the FSK, like the liquid metal of the killer T-1000 android in “Terminator 2” … slowly reconstituting itself after having been blown to bits.”

Now those bits have finally coalesced into a full-fledged replica of the original — but with one important difference. The new Ministry of State Security has been designed specifically as a guarantor of Putin’s rule.

Whoever heads the new ministry will certainly be an important political player — but it’s clear that the true head of both the Russian state and its new, consolidated security organs will be Putin himself.

That hasn’t happened since the rule of Yuri Andropov, KGB head-turned general secretary between 1982-84. He presided over a collapse in oil prices, a war in Afghanistan designed to boost the regime’s popularity that quickly turned disastrous, and finally an accelerating economic crisis that no amount of repression or propaganda could prevent from snowballing into collapse and revolution.

Putin is hoping that this time round, harsher repression and smarter propaganda will save him from the same fate.

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Moscow Rules of Espionage Go Global—If You Think It’s KGB, It Is

As Russian spies play rough, ignoring Putin’s war against the West will only make it nastier

 

DoJ Just Entered the Huma Email Case and the Next Scandal

John Podesta’s Best Friend At The DOJ Will Be In Charge Of The DOJ’s Probe Into Huma Abedin Emails

Zerohedge: Now that the FBI has obtained the needed warrant to start poring over the 650,000 or so emails uncovered in Anthony Weiner’s notebook, among which thousands of emails sent from Huma Abedin using Hillary Clinton’s personal server, moments ago the US Justice Department announced it is also joining the probe, and as AP reported moments ago, vowed to dedicate all needed resources to quickly review the over half a million emails in the Clinton case.

The Associated Press  

@AP

BREAKING: Justice Dept. says it’ll dedicate all needed resources to quickly review emails in Clinton case.

Terrifying Immigration Numbers, and Court Decision

Hundreds of Migrants Pitch Tents on Paris Streets as Calais Camp Shuts

(REUTERS) – The number of migrants sleeping rough on the streets of Paris has risen by at least a third since the start of the week when the “Jungle” shanty town in Calais was evacuated, officials said on Friday.

Along the bustling boulevards and a canal in a northeastern corner of Paris, hundreds of tents have been pitched by migrants – mostly Africans who say they are from Sudan – with cardboard on the ground to try and insulate them from the autumn chill.

While the presence of migrants there is not new, it has grown substantially this week, Colombe Brossel, Paris deputy mayor in charge of security issues, told Reuters.

“We have seen a big increase since the start of the week. Last night, our teams counted 40 to 50 new tents there in two days,” Brossel said, adding there was now a total of 700 to 750.

This means there are some 2,000-2,500 sleeping in the area, up from around 1,500 a few days before, she said.

“It’s not a huge explosion in numbers but there is a clear increase,” she said. “Some of them come from Calais, others from other places.”

 migrants Paris JOEL SAGET/AFP/Getty

After years as serving as an illegal base camp for migrants trying to get to Britain, the “Jungle” at Calais was finally bulldozed this week and the more than 6,000 residents of the ramshackle camp near the English channel were relocated to shelters around France. More here.

Sessions: ‘Critical alert,’ 817,740 illegals crossed last year

In a bid to put the issue of illegal immigration back into the presidential debate, outspoken critic Sen. Jeff Sessions on Monday issued a “Critical Alert” warning of a potentially historic surge of over the border.

“We are simply overwhelmed,” his statement said. In it he estimated the Fiscal Year 2016 illegal crossings at 817,740.

“There is a crisis at our southwest border — one that in many ways exceeds the crisis we saw just two years ago, one that further undermines the integrity of our immigration system, but one that the most of the media has elected to ignore,” said Sessions, an advisor to Republican presidential nominee Donald Trump.

  • U.S. Immigration and Customs Enforcement is currently detaining more than 40,000 aliens, with internal predictions indicating that the number could reach 47,000 in the coming months.
  • In fiscal 2016, the U.S. Border Patrol apprehended 408,870 illegal aliens at the southern border; a number 23 percent higher than in fiscal 2015.
  • Brandon Judd, president of the National Border Patrol Council, was quoted as saying just half of illegals are caught crossing the border.
  • Calculating illegal entries based on that formula, 408,870 illegal aliens evaded detection in fiscal 2016, for a total of approximately 817,740 illegal entries into the United States last year.

Sessions said the border crisis demands a new president and approach to reforming immigration starting with a closed border.

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In part from Breitbart: Border Patrol Agent and NBPC President Brandon Judd spoke exclusively with Breitbart Texas and condemned the leadership of the Border Patrol’s parent agency, Customs and Border Protection (CBP), for allegedly “keeping this information secret” ahead of the 2016 U.S. presidential election.

“We are at breaking point. We have the highest number of illegal aliens in custody in history in Border Patrol’s RGV Sector and this information has been kept from the American public,” said Agent Judd. “The talk of amnesty has once again created pull factors and encouraged people from all over the world to cross Mexico and then cross our porous southern border to illegally enter the U.S. We are simply overwhelmed.” (See CBP’s response below.)

Agent Judd told Breitbart Texas that Americans should vote their conscience, but they should do so with all of the information available. “This is an issue of the federal government restricting crucial information from the public ahead of a presidential election and it is unacceptable. Americans deserve to know the truth. Our Border Patrol agents deserve for Americans to know what they are really facing. Too many Border Patrol agents have given their lives and left loved ones to grieve for CBP leadership to play these types of political games ahead of such an impactful election.”

Agent Cabrera said CBP were in fact concealing the gravity of the current border crisis. “One side in this coming election is downplaying illegal immigration and concealing this information only serves to help that agenda,” said Agent Cabrera.

Breitbart Texas reached out to the RGV Sector PIO for the Border Patrol and did not receive a response, though not much time was given to the agency. (See update below. A strong denial of the agents’ claims was issued by CBP to Breitbart Texas after publication.)

Historically, CBP, Border Patrol’s parent agency, has had to correct false assertions and denials. Perhaps the most glaring example occurred in June 2014 when an official CBP Twitter account directly accused this reporter of publishing a false report, only to later admit the report was accurate and true.

CBP has released numbers indicating near-record apprehensions; however, the assertions from the agents in the NBPC pertain to people who illegally entered the U.S. and are currently in custody in Border Patrol facilities. Agent Judd stated, “There is a significant difference between apprehension numbers and numbers in custody in our facilities. These record numbers in custody indicate that these are people who are not voluntarily returning. This indicates that these people will, under current policy, be released into our communities and given amnesty. This record number of people currently in detention is significant because the RGV Sector is dealing with the Gulf and Los Zetas cartels. This means our agents are busy babysitting record numbers in facilities instead of patrolling the border and stopping these murderers, kidnappers, and drug smugglers.” More here.

*****

Judge rebukes administration over few admissions for Syrian Christian refugees

FNC: A federal judge has rebuked the Obama administration over the lack of Syrian Christians being admitted from the war-zone, calling it a “perplexing discrepancy” that only 56 of 11,000 Syrian refugees to the U.S. in fiscal 2016 were Christian.

The rebuke came in a Seventh Circuit Court of Appeals opinion on a Freedom of Information Act lawsuit filed by The Heartland Alliance’s National Immigrant Justice Center – a liberal human rights group that advocates for immigrants and asylum-seekers — seeking information on certain terror groups.

As first reported by attorney and former FEC member Hans von Spakovsky for The Daily Signal, while the court found in favor of the government, Judge Daniel Manion addressed the refugee issue and took aim at the Obama administration over how few Christians had been admitted to the U.S.

“It is well‐documented that refugees to the United States are not representative of that war‐torn area of the world. Perhaps 10 percent of the population of Syria is Christian, and yet less than one‐half of one percent of Syrian refugees admitted to the United States this year are Christian,” he wrote.

According to government figures, of the almost 11,000 Syrian refugees admitted to the United States in fiscal 2016, only 56 were Christian.

RELATED: ‘GROSS INJUSTICE’: OF 10,000 SYRIAN REFUGEES TO THE US, 56 ARE CHRISTIAN

“To date, there has not been a good explanation for this perplexing discrepancy,” Manion noted.

The numbers are disproportionate to the Christian population in Syria, estimated last year by the U.S. government to make up roughly 10 percent of the population. Since the outbreak of civil war in 2011, it is estimated that between 500,000 and 1 million Christians have fled the country, while many have been targeted and slaughtered by the Islamic State.

Manion qualified his remarks by saying that his point “is not to suggest that any refugee group is more or less welcome: quite the contrary” but warned the Obama administration against failing to provide states with enough data on the people coming in.

In the case, the NIJC was requesting the identities of Tier III terrorist organizations, which are not publicly available. The administration argued that Tier III terrorist organizations “tend to be groups about which the U.S. government does not have good intelligence, making it essential that [DHS] be able to obtain information about them during screening interviews that are as focused and complete as possible.”

Manion noted that potential ties to a Tier III organization like a Christian militia may be why the government is not letting in as many Christians, but that it was impossible to tell since the information is not publicly available.

“It is at least possible that incidental affiliation with some Christian militia could lead an immigration officer to deny entry to Syrians on this basis. That would be a dubious consequence,” he wrote.

A State Department spokesperson told FoxNews.com in September that religion was only one of many factors used in determining a refugee’s eligibility to enter the United States.