7 States Suing Over DACA, Know the Details

There are countless lawsuits already and here comes another. Several DACA cases have been ruled against by liberal judges. Now Texas has joined other states.

 

TX v USA Re DACA Complaint 050118 by Kaitlyn on Scribd

Perhaps those judges have not read all the real details of DACA.

Renewal deadline approaching for DACA applicants photo

DACA is a request for consideration, it is NOT an automatic approval and it is temporary. See the stipulations here.

DACA banner with forms

Guidelines

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

***

The Obama administration chose to deploy DACA by Executive Branch memorandum—despite the fact that Congress affirmatively rejected such a program in the normal legislative process on multiple occasions. The constitutionality of this action has been widely questioned since its inception.

DACA’s criteria were overly broad, and not intended to apply only to children. Under the categorical criteria established in the June 15, 2012 memorandum, individuals could apply for deferred action if they had come to the U.S. before their 16th birthday; were under age 31; had continuously resided in the United States since June 15, 2007; and were in school, graduated or had obtained a certificate of completion from high school, obtained a General Educational Development (GED) certificate, or were an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. Significantly, individuals were ineligible if they had been convicted of a felony or a significant misdemeanor, but were considered eligible even if they had been convicted of up to two other misdemeanors.

The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.”

Based on this analysis, the President was faced with a stark choice: do nothing and allow for the probability that the entire DACA program could be immediately enjoined by a court in a disruptive manner, or instead phase out the program in an orderly fashion. Today, Acting Secretary of Homeland Security Duke issued a memorandum (1) rescinding the June 2012 memo that established DACA, and (2) setting forward a plan for phasing out DACA. The result of this phased approach is that the Department of Homeland Security will provide a limited window in which it will adjudicate certain requests for DACA and associated applications for Employment Authorization Documents meeting parameters specified below.

  • Please see the USCIS website for the latest information about DACA.

 

How Israel Obtained the Iran Nuclear Documents

Note, Israel was told about the documents and the warehouse, likely by the MEK. The MEK and the Mossad often perform joint operations. For context on the MEK operations:

The MEK’s Role Was Critical in Preventing Iran From Obtaining a Nuclear Bomb

The MEK has been instrumental in exposing Iran’s nuclear weapons program. Relying on a vast network inside Iran, MEK revelations of the weapons program significantly contributed to the world peace and the national security of the United States.

These revelations triggered the International Atomic Energy Agency (IAEA) inspections of the uranium enrichment facility in Natanz and Heavy Water Facility in Arak in 2002 for the first time, and since then, the majority of the visits by the IAEA inspection teams have been to the sites first exposed by the MEK.

Senior U.S. officials including President Bush, Vice President Dick Cheney, and Secretary of State Condoleezza Rice have repeatedly pointed to the role the MEK had played in getting the world attention on Iran’s nuclear weapons program.

In March 2005, President, George W. Bush, emphasized that the MEK’s revelation of Natanz prompted an international
campaign to stop the nuclear weapons program of Iran. “Iran has concealed its — a nuclear program. That became discovered, not because of their compliance with the IAEA or NPT, but because a dissident group pointed it out to the world.”

Many of the key front companies exposed by the MEK such as Mesbah Energy, Novin Energy, Kalaye Electric, Kavoshyar Company, and Farayand Technique were eventually sanctioned by the Treasury Department. In July 2011, the MEK exposed a new nuclear organization overseeing the entire nuclear program and run by the military, known as SPND. The U.S. Government designated that entity in 2014. In addition, many companies, key nuclear experts, and military institutions exposed by the MEK have been sanctioned by the United Nations Security Council resolutions 1737, 1747, and 1803.

If it were not for the MEK nuclear revelations, Tehran would have had the bomb by now. Congressman Brad Sherman (D-CA) told a House Foreign Affairs Committee Hearing “We all owe a debt of gratitude to the MEK for bringing this information to the world, and causing the United States and the world to focus on the problem.” More here.

Trump to Make Historic Visit to Western Wall in Jerusalem - NBC News photo

Israeli Prime minister Benjamin Netanyahu briefed President Trump two months ago on the capture of the Iranian “nuclear archive,” and decided to publicly expose the documents yesterday due to Trump’s May 12th deadline on possible U.S. withdrawal from the Iran nuclear deal.

Between the lines: An Israeli official tells me Israel wanted to publicly release the new intelligence after White House visits from French President Macron and German Chancellor Merkel, both of whom tried to convince Trump not to withdraw. “We are facing a major decision by President Trump regarding the nuclear deal. Last week was for the Europeans, and this week is our week,” the official said.

  • During a meeting at White House on March 5th, Netanyahu presented Trump and his senior cabinet members — Vice President Pence, Secretary of Defense Mattis, then-Secretary of State Tillerson and then-National Security Adviser McMaster — with an initial analysis of the “Nuclear archive,” a senior Israeli official tells me.
  • Netanyahu spoke to Trump over the phone last Saturday and told him he would publish the intelligence later in the week.
  • A day later he met in Tel-Aviv with Secretary of State Pompeo and gave him a similar update. An Israeli official said the timing of the publication was coordinated with the White House.

How the documents were seized

The Israeli Mossad discovered the existence of an Iranian “Nuclear archive” in February 2016, a short time after the nuclear deal started being implemented.

  • Israeli officials say the Mossad received intelligence that showed the Iranians were trying to hide all documents concerning the military dimensions of their nuclear program.
  • The official said that in a highly secret operation known to a handful of Iranian officials, the Iranians transferred tens of thousands of documents and CD’s from several different sites around the country to a civilian warehouse in Tehran. The Israeli official said the Iranians did all that because they were afraid IAEA inspectors would find the documents.
  • The Mossad put the warehouse under surveillance and started preparing for a possible operation to seize the documents. According to Israeli officials, more than 100 Mossad spies worked on this operation and, in January 2018, it was implemented.
  • A senior Israeli intelligence official said the Mossad managed to put its hands on most of the documents in the warehouse. “We didn’t take everything because it was too heavy”, he said.

Coordination with the U.S.

  • An Israeli official said the CIA and the White House knew about the Israeli efforts to capture the “Iranian nuclear archive,” and Israel briefed the U.S. immediately after the successful operation.
  • At the same time Netanyahu was briefing Trump and his top officials, the Mossad gave the CIA copies of all the 100,000 documents it obtained.
  • At the beginning of February, the Mossad started translating and analyzing the documents, most of were written in Persian. A special team with 50 analysts was formed in the Mossad and, according to an Israeli official, a separate team is working in the CIA. Both intelligence agencies still haven’t finished analyzing the documents.

The Israeli official said: “The documents will a very strong proof that there was a military nuclear program in Iran. Such proof that the Iranians will not be able to deny.”

Take Honduras as an Example

The caravan, the caravan…

There is a crisis going on at the California border check point where an estimated 200 migrants are attempting to gain entry into the United States by using all tactics stressing our resources and laws.

Today: The Caravan at California’s Door photo

(Note the sign provided by ANSWER Coalition)

So, the big question is if these people are desperate to leave their home countries out of fear, crime and corruption, then why have they not visited our embassies in their home countries? They just fled. People fleeing to the United States must and do travel through Mexico. So, where is the humanitarian policy of Mexico to accept these desperate people?

A large number of people attempting to enter the United States come from a handful of countries in Central America such as Guatemala, El Salvador, Honduras and Nicaragua. So, let us examine Honduras as an example. for a summary of the crime and threat assessment in Honduras, go here.

How Instability in Central America Affects US-Mexico ... photo

In 2009, Obama cut $200 million in non-humanitarian aid to Honduras. The United States must address stabilizing these countries, rather than allowing their failures and exporting the problem(s) to the United States.

But:

Honduras, one of Latin America’s poorest nations, strives to improve its economic and democratic development with U.S. assistance. The United States has historically been the largest bilateral donor to Honduras. U.S. Agency for International Development (USAID) programs target a variety of sectors including education, health, economic policy, microenterprise, environmental conservation, food security, municipal development, and justice sector reform. USAID has provided more than $3 billion in economic and social development assistance to the Honduran people since it began working in the country in 1961. Currently, programs focus on addressing the main push factors of migration by improving citizen security, reducing extreme poverty, and improving public administration through transparency and accountability reforms. To achieve these objectives, USAID’s efforts address citizen security through community-based crime prevention activities, with a focus on the highest crime neighborhoods and those youth who are most at-risk. Additionally, USAID strengthens local and national governance, as well as civil society monitoring and watchdog organizations; helps the poorest sectors of society increase food security and incomes; supports the sustainable management of natural resources; expands quality basic education and workplace and life-skills training; and improves the quality and participation of local citizens and civil society in decentralized basic services.

In 2017, the U.S. Department of Commerce will be dedicating $1.5 million for a customs and border management program focused on improving trade into Honduras and others parts of Central America. The U.S. Department of Agriculture provided $47 million in 2015-2016 for its two programs that deliver school meals to 53,000 students and increase agricultural productivity and trade.

The United States Armed Forces maintain a small presence at a Honduran military base. U.S. forces conduct and provide logistical support for a variety of bilateral and multilateral exercises–medical, engineering, counternarcotics, and disaster relief–for the benefit of the Honduran people and their Central American neighbors. Through the Central America Regional Security Initiative, the United States supports the Government of Honduras by assisting law enforcement entities in disrupting criminal networks; building investigative, prosecutorial, and judicial capacity; and implementing violence prevention programs for vulnerable communities.

In June 2005, Honduras became the first country in the hemisphere to sign a Millennium Challenge Corporation (MCC) Compact with the U.S. Government. Under the Compact, the U.S. Millennium Challenge Corporation invested $205 million over 5 years to help Honduras improve its road infrastructure, diversify its agriculture, and transport its products to market. In 2013, Honduras received a $15.6 million MCC Threshold Agreement to support Honduran efforts to improve public financial management and create more effective and transparent public-private partnerships.

The State Department website for the embassy in Honduras explains that in order to obtain a visa, the applicant must establish they meet all requirements to receive a visa. The website even includes a ‘visa wizard’ that aids in the application process to determine the specific visa that best fits the case.

There is a fraud unit at all embassies and if fraud is committed during in the visa process, benefits are lost, fines are applied and a jail sentence can be applied.

There is yet another requirement for travel and approval to enter the United States, vaccines.

They include: mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, Haemophilus influenzae/type B, hepatitis A and B, rotavirus, meningococcal disease, varicella, pneumococcal disease, and seasonal influenza.

So, given just the vaccine requirements, detention in either Mexico or the United States for those attempting to enter the United States is warranted. The cost however of medical examinations and detention is significant and government agencies cannot estimate those costs to the taxpayer.

Now, here is something quite curious:

Who is a refugee?

According to the 1951 United Nations Refugee Convention, a refugee is defined as someone who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…”

  • Asylum seekers have submitted a claim for refugee status and are waiting for this claim to be accepted or rejected.
  • Refugees and asylees comprise the majority of displaced persons resettled to the United States.

What are the top countries of origin and asylum*?

The top ten countries of refugee origin are Afghanistan, Iraq, Somali, DR Congo, Myanmar, Colombia, Sudan, Vietnam, Eritrea, and China.

The top ten countries of refugee asylum are Pakistan, Iran, Syria, Germany, Jordan, Kenya, Chad, China, United States, and United Kingdom.

* Countries are listed in order from greatest to least number of refugees as of Dec 2010.

Source: UNHCR Global Trends (2010)

Statistics on International Refugees and US Domestic Refugee Admissions:

Source: UNHCR, 2009 Global Trends: Refugee, Asylum-Seekers, Returnees, Internally Displaced and Stateless People

  • As of 2009, an estimated 15.2 million refugees were located around the world. Of these refugees, 251,500 were voluntarily repatriated to their home nations.
  • In 2011, the United States accepted 56,424 refugees for resettlement.

Source: U.S. Department of State, Bureau of Population, Refugees, and Migration (PRM), Worldwide Refugee Admissions Processing System (WRAPS)

The U.S. has projected a refugee resettlement ceiling of 76,000 individuals for FY 2012.
Source: Presidential Determination No. 2011-17: FY 2012 Refugee Admissions Numbers

Immigrant, Refugee and Migrant Health Branch (IRMH)

The goal of the IRMH Branch within the Division of Global Migration and Quarantine is to promote and improve the health of immigrants, refugees, and migrants and prevent the importation of infectious diseases and other conditions of public health significance into the U.S. by these groups. To accomplish this goal the IRMH branch plays a significant role in refugee health, both overseas and domestically.

Older female refugee

Overseas

  • IRMH develops and implements the Technical Instructions used by overseas panel physicians who are responsible for conducting the medical examinations for U.S.-bound refugees. The Technical Instructions consist of medical screening guidelines, which outline in detail the scope of the medical examination. The purpose of the medical examination is to identify, for the Department of State and the US Citizenship and Immigration service, applicants with medical conditions of public health concern.
  • IRMH also maintains an anonymous collection of surplus blood samples from overseas screenings called the Migrant Serum Bank (MSB). Scientists from around the world can request to use the samples for research projects.

Domestic

  • The Domestic Refugee Health Program facilitates collaboration with state and local health department partners to improve the health care and monitor medical conditions of refugees after their arrival into the United States.
  • IRMH also maintains the Electronic Disease Notification System (EDN), which notifies states and local health departments of the arrival of refugees to their jurisdictions. EDN provides states with overseas medical screening results and treatment follow-up information for each refugee.

IRMH Partners

To accomplish its goals in refugee health, IRMH works with many external partners:

 

Secret Missile Strike in Syria, Bibi’s Message to Iran?

Now we understand the visits to the Trump White House from foreign leaders. The timing of the Netanyahu speech, hours after a suspected Israeli strike that likely used bunker-busters capable of hitting Iran’s nuclear facilities, after Secretary Mike Pompeo’s visit and days before Trump’s May deadline is certainly interesting.

When Secretary Mattis spoke to Congress last week regarding Iran, the wars drums are beating due to Iran, Hezbollah and Israel. Newly confirmed U.S. Secretary of State Mike Pompeo just left Israel and has departed Jordan, his last stop bound for home to his office to  which he has not yet visited since his confirmation as Secretary of State. The discussions were the presentation Prime Minister Netanyahu was about to deliver to the world about Iran and the nuclear program shrouded in lies.

Project Amad and 5 warheads, 10 kilotons…. all led by Mohsen Fakhrizadeh-Mahabadi.

In 2013, the man whom Western intelligence agencies say may very well be the head of Iran’s clandestine nuclear weapons program was present as an observer last week when North Korea carried out a critical nuclear test, The British Sunday Times reported.

According to the report Sunday, Mohsen Fakhrizadeh-Mahabadi very rarely leaves Iranian soil due to fear that Israel’s Mossad will make an attempt on his life, following an alleged pattern of previous assassinations of Iranian nuclear scientists.

***

The Obama administration negotiated the Iran nuclear deal in 2015 along with China, France, Germany, Russia and the U.K. The accord lifted a series of sanctions against Iran in exchange for Tehran accepting limits on its nuclear program and allowing international investigators access to its facilities.

The International Atomic Energy Agency and the signatories to the agreement have repeatedly confirmed that Iran is complying with the deal as it is written.

“We’ve known for years that Iran had a secret nuclear weapons program called Project Amad,” he continued. We can now prove that Project Amad was a comprehensive program to design, build, and test nuclear weapons. We can also prove that Iran is secretly storing Project Amad material to use at a time of its choice to develop nuclear weapons.”

Netanyahu revealed that the purpose of Project Amad was to design, produce, and test five nuclear warheads, each with an explosive yield of 10 kilotons of TNT, for integration with ballistic missiles. “That’s like 5 Hiroshima bombs to be put on ballistic missiles.”

He further revealed that Project Amad had all five elements of a nuclear weapons program, designing nuclear weapons, developing nuclear cores, building nuclear implosion systems, preparing nuclear tests, and integrating nuclear weapons with missiles.

According to Netanyahu, Iran shelved Project Amad under international pressure in 2003. “But it didn’t shelve its nuclear ambitions.”

“Iran devised a plan to do two things, first to preserve the nuclear know-how from Project Amad, and second, to further develop its nuclear weapons related capabilities.”

Many of the same personnel continued to work on Iran’s nuclear program even following the shelving of Project Amad.

Netanyahu accused Iran of continuing to lie to the International Atomic Energy Agency about its nuclear activities and their military applications.

“The Iran [nuclear] deal is based on lies. It is based on Iranian lies and Iranian deception,” he said.

Netanyahu stated that “the nuclear deal gives Iran a clear path to an atomic arsenal.”

He addressed US President Donald Trump’s upcoming decision on whether to remain in the Iran nuclear deal or not and said that he believed that Trump would withdraw from the deal.

“I am sure he will do the right thing, the right thing for the United States, the right thing for Israel, and the right thing for the peace of the world.” More here.

***  امپراطوری پنهان و فاسد فخریزاده(Mohsen Fakhrizadeh ... photo

Senior Ministry of Defense and Armed Forces Logistics (MODAFL) scientist and former head of Iran’s Physics Research Center (PHRC); on July 8, 2008, added to the Specially Designated National (SDN) list maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), freezing his assets under U.S. jurisdiction and prohibiting transactions with U.S. parties, pursuant to Executive Order 13382, which targets proliferators of weapons of mass destruction (WMD) and their delivery systems.

Listed in an annex to U.N. Security Council resolution 1747 of March 24, 2007, as a person involved in Iran’s nuclear or ballistic missile activities; with some exceptions, the designation requires states to freeze the financial assets on their territories which are owned or controlled by the entity, by its agents, or by entities it controls; the designation also requires states to ensure that funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories, to or for the benefit of the entity; the resolution calls on states to “exercise vigilance” in allowing the designated person to enter or to transit through their territories, and requires states to notify the Security Council if the person does so.

Listed by the European Union on April 21, 2007, pursuant to U.N. Security Council resolution 1747, as an entity whose funds and economic resources, and those it owns, holds or controls, must be frozen by E.U. member states, with some exceptions, and within their jurisdiction; E.U. member states must also ensure that funds or economic resources are not made available to or for the benefit of the listed entity; with some exceptions, European Union member states must prevent the person’s entry into or transit through their territories.

Works closely with Fereidoun Abbasi-Davani, who is also listed in an annex to U.N. Security Council resolution 1747; the International Atomic Energy Agency (IAEA) has sought access to Mr. Fakhrizadeh-Mahabadi to interview him about the activities of the PHRC during his leadership, but Iran has refused; reportedly believed by U.S. intelligence to be the director of “Project 111,” a nuclear research effort that includes work on missile development; reportedly has been a member of the Scientific Board of the physics college at Imam Hossein University since 1991; reportedly directs the nuclear program at Iran’s Center for Readiness and New Defense Technology; passport numbers 0009228 and 4229533.

Macron’s Tree Gift to Trump is not Gone

In the spring of 1918, the wooded area known as Belleau Wood, about 30 miles northeast of Paris, was a quiet sanctuary of graceful old-growth trees, a hunting preserve for well-off Parisians, teeming with birds and game. Despite its proximity to the front, it had been largely untouched by the war. That all changed in June.

When the battle at Belleau Wood was over, the ground was soaked with the blood of nearly 10,000 American casualties, including more than 1,800 killed, and an unknown number of Germans. The U.S. Marine Corps suffered more casualties in that battle than it did in its entire history to that point.

The battle was three weeks of carnage that left the once-beautiful preserve a scorched ruin, its trees splintered or uprooted. Only the stone walls of the hunting lodge that marked the northern edge of the forest remained standing when the smoke cleared.

Acts of extraordinary heroism were commonplace. “Come on, you sons of bitches, do you want to live forever?” 1st Sgt. Dan Daly famously yelled to his attacking Marines as he urged them into German lines. The lines would come to epitomize Marine Corps espirit for generations to come. More here.

***

It is the law, any plants or fruits or food and even pets from a foreign country must go into quarantine. Imagine that, the law takes extreme caution to ensure disease or other health issues are not a threat to public safety. What a paradox as compared to people entering the United States illegally that may have undiagnosed illness that could are often are extremely contagious.

There was a time during the days of Ellis Island where this was all taken quite seriously.

USCIS published this video just this past week.

Meanwhile, back to the tree and the thought behind the gift to President Trump.

trump macron tree brigitte melania REUTERS/Steve Holland

Circa 1918: Belleau Wood is the location where the Marines repelled a German offensive. The tree is known as a Belleau oak tree. The tree grew close to the ‘Devil Dog’ fountain. This was the spot where the top of the fountain resembles the head of a bull mastiff, essentially the nickname for the Marines… Devil Dogs.                          DVIDS - Images - 1st Marine Division commemorates the 97th ... photo

The first large-scale battle fought by American soldiers in World War I begins in Belleau Wood, northwest of the Paris-to-Metz road.

In late May 1918, the third German offensive of the year penetrated the Western Front to within 45 miles of Paris. U.S. forces under General John J. Pershing helped halt the German advance, and on June 6 Pershing ordered a counteroffensive to drive the Germans out of Belleau Wood. U.S. Marines under General James Harbord led the attack against the four German divisions positioned in the woods and by the end of the first day suffered more than 1,000 casualties.

For the next three weeks, the Marines, backed by U.S. Army artillery, launched many attacks into the forested area, but German General Erich Ludendorff was determined to deny the Americans a victory. Ludendorff continually brought up reinforcements from the rear, and the Germans attacked the U.S. forces with machine guns, artillery, and gas. Finally, on June 26, the Americans prevailed but at the cost of nearly 10,000 dead, wounded, or missing in action.