DoJ Sessions’ Letter of Subpoena to Sanctuary Cities

Posted on January 24, 2018January 24, 2018 by Denise Simon

Primer: In part from the New York Times/

Over the past year, the local jurisdictions have pushed back hard on the administration’s attempts to force them to abandon their stance by cutting off federal funding to them, with some like Chicago filing lawsuits against the Justice Department.

Mr. Emanuel’s office has called the Justice Department’s actions “misguided.” And district court judges in California and Illinois have filed preliminary nationwide injunctions blocking the department from denying grant money to sanctuary cities.

On Wednesday, 15 attorneys general filed a brief in support of the Chicago lawsuit, saying that the administration’s efforts to pull federal funds from sanctuary jurisdictions infringes on their right to set their own law enforcement policies.

“The Trump administration cannot strip a city or a police department of these critical funds, simply because they don’t like its policies,” Eric T. Schneiderman, the New York attorney general, said in a statement. More here.

Image result for sanctuary cities photo

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Wednesday, January 24, 2018

Justice Department Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

The Department of Justice today sent the attached letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is unlawfully restricting information sharing by its law enforcement officers with federal immigration authorities.

All 23 of these jurisdictions were previously contacted by the Justice Department, when the Department raised concerns about laws, policies, or practices that may violate 8 U.S.C. 1373, a federal statute that promotes information sharing related to immigration enforcement and with which compliance is a condition of FY2016 and FY2017 Byrne JAG awards.

The letters also state that recipient jurisdictions that fail to respond, fail to respond completely, or fail to respond in a timely manner will be subject to a Department of Justice subpoena.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” said Attorney General Jeff Sessions. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”

Failure to comply with section 1373 could result in the Justice Department seeking the return of FY2016 grants, requiring additional conditions for receipt of any FY2017 Byrne JAG funding, and/or jurisdictions being deemed ineligible to receive FY2017 Byrne JAG funding.

The following jurisdictions received the document request today:

Chicago, Illinois;
Cook County, Illinois;
New York City, New York;
State of California;
Albany, New York;
Berkeley, California;
Bernalillo County, New Mexico;
Burlington, Vermont;
City and County of Denver, Colorado;
Fremont, California;
Jackson, Mississippi;
King County, Washington;
Lawrence, Massachusetts;
City of Los Angeles, California;
Louisville Metro, Kentucky;
Monterey County, California;
Sacramento County, California;
City and County of San Francisco, California;
Sonoma County, California;
Watsonville, California;
West Palm Beach, Florida;
State of Illinois; and
State of Oregon.

Attachment(s):

Download 23 Letters

Topic(s):

Immigration

Component(s):

Office of the Attorney General

Press Release Number:

18-81

Highlights of DHS Report to Judiciary Cmte on Immigration

Posted on January 16, 2018January 16, 2018 by Denise Simon

photo

Primer:

The Justice Department on Tuesday announced plans to appeal a judge’s ruling that blocked President Donald Trump from shuttering a program that gave protections and work permits to some people who entered the U.S. illegally as children.

In a ruling last week, San Francisco-based U.S. District Court Judge William Alsup ordered the administration to resume accepting renewal applications for the Deferred Action for Childhood Arrivals program, better known as DACA. More here from Politico.

In part, highlights:

The Department has also implemented historic efforts to step up international cooperation. For the first time ever, DHS established a clear baseline for what countries must do to help the United States confidently screen travelers and immigrants from their territory. Every country in the world is now required to meet high security standards and to help us understand who is coming into our country.

As required under President Trump’s Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States (EO 13780), all foreign governments have been notified of the new standards, which include the sharing of terrorist identities, criminal

history information, and other data needed to ensure public safety and national security, as well as the requirement that countries issue secure biometric passports, report lost and stolen travel documents to INTERPOL, and take other essential actions to prevent identity fraud.

***

Visa Waiver Program

We are also looking at ways to further strengthen the Visa Waiver Program (VWP). First and foremost, the VWP is a security partnership program. It mandates high and consistent standards from partner countries in the areas of national security, law enfor

cement, and immigration enforcement to detect and prevent terrorists, criminals, and other potentially dangerous individuals from traveling to the United States —

while still facilitating legitimate travel and tourism.

Currently, 38 countries participate in the VWP, which allows their citizens to travel to the United States for business or tourism for stays of up to 90 days after applying and being approved through the Electronic System for Travel Authorization (ESTA). In return, these countries must comply with program requirements to enter into information

-sharing protocols that enable the relay of information concerning known and suspected terrorists and criminals; consistent and timely lost and stolen passport information reporting; and robust border and travel document

screening. As a result of these program requirements, countries have adopted new laws, policies, and practices that strengthen our mutual security.

The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,

combined with Secretarial action, have strengthened the VWP’s security provisions over the past two years.

VWP countries are now required to issue high -security electronic passports (e-

passports); implement information sharing arrangements to exchange terrorist identity information; establish mechanisms to validate e-passports at each key port of entry; report all lost and stolen passports to INTERPOL or directly to the United States no later than 24 hours after the country becomes aware of the loss or theft; and screen international travelers against the INTERPOL Stolen and Lost Travel Documents (SLTD) database and notices. As with other operational activities of DHS, a full discussion of the privacy impact of these initiatives and how we mitigate the risk to personal privacy is available on our website.

Since enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, DHS has realized an increase in the sharing of terrorist identity information. Several countries have increased the frequency of their reporting of lost and stolen passports —VWP countries account for over 70 percent of the almost 73 million lost and stolen travel documents reported to INTERPOL. All VWP countries are now issuing and using for travel to the United States fraud-resistant e-passports that meet or exceed the ICAO standards. Over 70,000 ESTA applicationshave been denied, cancelled or revoked under enforcement of the VWP Improvement Act’seligibility restrictions for VWP travel.

Border Security

In compliance with Executive Order 13767: Border Security and Immigration Enforcement

Improvements, DHS has conducted a comprehensive study of the security of the southern border that addresses all of the elements that provide an integrated solution for the Nation. Our first priority is to expand on our existing southern border wall system and close legal loopholes that encourage and enable illegal immigration and create a corresponding backlog in the courts. We currently have an immigration court backlog of more than 650,000 cases pending before the Department of Justice’s Executive Office for Immigration Review. We also have a massive asylum backlog with more than 270,000 pending cases before U.S. Citizenship and Immigration Services (USCIS).

Recognizing the unsustainability of the asylum case backlog, USCIS has implemented efficiency measures designed to reduce adjudication times. Similarly, the Department of Justice has taken action to reduce unwarranted case continuances in immigration courts, which helps reduce the backlog while affording aliens full and fair hearings. To further

reduce the “pull factors” and restore integrity to our immigration benefits adjudication process, we must tighten case processing standards, including the “credible

-fear” standard, impose and enforce penalties for fraud, and ensure applicants are fully vetted before they are allowed access to the United States.

In addition, visa-overstays account for roughly 40 percent of all illegal immigration in the

United States. In FY 2016, more than 628,000 aliens overstayed their visas. By increasing

overstay penalties and expanding ICE’s enforcement tools, we can help ensure that foreign

workers, students, and visitors respect the terms of their temporary visas. We need Congress to authorize the Department to raise and collect fees from immigration benefit applications to fund additional enhancements to our immigration system called for by the President’s Executive Orders.

Enforcing Immigration Laws

We are also prioritizing the enforcement of our immigration laws in the interior of our country.

There are nearly one million aliens with final orders of removal across the country

—meaning these removable aliens were afforded due process of law, had their

day in court, and were ultimately ordered removed by a judge — yet they remain in our nation and ICE only has 6,000 Deportation Officers to arrest and remove them. The Administration looks to strengthen law enforcement by hiring 10,000 more ICE officers and agents, and supports the request from the Department of Justice to hire 300 more federal prosecutors.

To further protect our communities, we must end so-called “sanctuary” jurisdictions. Hundreds of state and local jurisdictions across the country that do not honor requests from ICE to hold criminal aliens who are already in state and local custody. Instead, they allow them back into their communities, where they are allowed to commit more crimes. This also poses a greater risk of harm to ICE officers, who must locate and arrest these criminals in public places, and increases the likelihood that the criminal aliens can resist arrest or flee. Rather than enhancing public safety, sanctuary jurisdictions undermine it.

The only “sanctuary” these jurisdictions create is a safe haven for criminals. States and localities that refuse to cooperate with federal authorities should be ineligible for funding from certain grants and cooperative agreements.

Authorizing and incentivizing states and localities to enforce immigration laws would further help ICE with its mission and make all communities safer.

In FY 2017, 1,761 criminal illegal aliens were released from ICE custody because of a 2001

Supreme Court decision that generally requires ICE to release certain removable aliens with final orders of removal—including violent criminals—

within 180 days, if they have not been removed and there is no significant likelihood of removal in the reasonably foreseeable future. Legally insupportable judicial interpretations of the law regarding the detention and removability of criminal aliens have eroded ICE’s authority to keep aliens in custody pending removal.

Pursuant to this Executive Order, USCIS announced it will take a more targeted approach to combatting fraud and abuse in the employment -based visa programs, including the H-1B program. To help end H-1B petitioner fraud and abuse, USCIS has established a Targeted Site Visit and Verification Program (TSVVP). Targeted site visits allow USCIS to focus its resources where fraud and abuse of certain programs are more likely to occur. TSVVP initially focused on H-1B petitions filed by companies that are H-1B dependent (as defined by statute), employers petitioning for H-1B workers who will be placed off -site at another company’s location, or cases where USCIS cannot validate the H-1B petitioner’s business information through commercially -available data.

USCIS has also taken great strides to improve transparency with the public about employment -based immigration programs. The agency has published new data on its website to give the public more information regarding the use of nonimmigrant workers in the H-1B, H-2B, and L nonimmigrant programs. Information about the use and legal authority for employment authorization documents has also been published.

Most low-skilled immigration into the United States occurs legally through our

immigrant-visa system, which, unlike many other countries’ systems, prioritizes family

-based chain-migration. Each year, the United States grants lawful permanent resident status (greencards) to more than one million people; two-thirds of that total is based on a person having a sponsoring relative in the United States, regardless of the new immigrant’s skills, education, English language proficiency, or ability to successfully assimilate. This system of chain-migration has accounted for more than 60 percent of immigration into the United States over the past 35 years. We must end chain-migration, and limit family -based green cards to spouses and the minor children of U.S. citizens and lawful permanent residents.

We must also eliminate the “diversity visa” lottery. Every year, through this lottery, 50,000

green cards are awarded at random to foreign nationals. Many of these lottery beneficiaries have absolutely no ties to the United States, no special skills, and limited education. The random lottery program has not been adopted by other countries and does not adequately serve our national interest. Full opening summary here.

Obama’s Library has a Kitchen, Yoga but no NARA

Posted on January 8, 2018January 8, 2018 by Denise Simon

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As a refresher, the former president also has broken with the procedure of the National Archives. What does that mean?

The Obama Presidential Center in Chicago’s Jackson Park will take a different route, opting out of the presidential library network operated by the National Archives and Records Administration —and the millions of dollars in federal support that go along with membership.

The break from the National Archives will free up the Obama Foundation, the nonprofit group charged with building the center and raising funds for it, in several ways.

The foundation won’t have to amass an endowment equivalent to 60 percent of the construction cost of a NARA-operated presidential library. The foundation also won’t have to adhere to the agency’s stringent architectural and design standards for presidential libraries. And it won’t have to pay NARA to help run an agency-controlled portion of the center. More here.

***

An interesting piece of information: Back in June of 2017/

Judicial Watch announced that the National Security Council (NSC) on May 23, 2017, informed it by letter that the materials regarding the unmasking by Obama National Security Advisor Susan Rice of “the identities of any U.S. citizens associated with the Trump presidential campaign or transition team” have been removed to the Obama Library.

The NSC will not fulfill an April 4 Judicial Watch request for records regarding information relating to people “who were identified pursuant to intelligence collection activities.”

The agency also informed Judicial Watch that it would not turn over communications with any Intelligence Community member or agency concerning the alleged Russian involvement in the 2016 presidential election; the hacking of DNC computers; or the suspected communications between Russia and Trump campaign/transition officials. Specifically, the NSC told Judicial Watch:

Documents from the Obama administration have been transferred to the Barack Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.

Judicial Watch’s Freedom of Information Act (FOIA) April 4 request sought:

1.) Any and all requests for information, analyses, summaries, assessments, transcripts, or similar records submitted to any Intelligence Community member agency or any official, employee, or representative thereof by former National Security Advisor Susan Rice regarding, concerning, or related to the following:

Any actual or suspected effort by the Russian government or any individual acting on behalf of the Russian government to influence or otherwise interfere with the 2016 presidential election.

The alleged hacking of computer systems utilized by the Democratic National Committee and/or the Clinton presidential campaign.

Any actual or suspected communication between any member of the Trump presidential campaign or transition team and any official or employee of the Russian government or any individual acting on behalf of the Russian government.

The identities of U.S. citizens associated with the Trump presidential campaign or transition team who were identified pursuant to intelligence collection activities.

2.) Any and all records or responses received by former National Security Advisor Susan Rice and/or any member, employee, staff member, or representative of the National Security Council in response to any request described in part 1 of this request.

3.) Any and all records of communication between any official, employee, or representative of the Department of any Intelligence Community member agency and former National Security Advisor Susan Rice and/or any member, employee, staff member, or representative of the National Security Council regarding, concerning, or related to any request described in Part 1 of this request.

The time frame for this request was January 1, 2016, to the April 4, 2017.

While acknowledging in its FOIA request that “we are cognizant of the finding by the Court of Appeals … that [the NSC] “does not exercise sufficiently independent authority to be an ‘agency’ for purposes of the Freedom of Information Act,” Judicial Watch argued:

The records sought in this request pertain to actions by the former National Security Advisor that demonstrate a much higher degree of independent authority than was contemplated by the court; specifically, the issuance of directives to the Intelligence Community related to the handling of classified national security information…

The recent revelations of the role of Susan Rice in the unmasking the names of U.S. citizens identified in the course of intelligence collection activities and the potential that her actions contributed to the unauthorized disclosure of classified national security information are matters of great public interest.

Judicial Watch has filed six FOIA lawsuits related to the surveillance, unmasking, and illegal leaking targeting President Trump and his associates (see here, here, here, here, here and here).

“Prosecutors, Congress, and the public will want to know when the National Security Council shipped off the records about potential intelligence abuses by the Susan Rice and others in the Obama White House to the memory hole of the Obama Presidential Library,” said Judicial Watch President Tom Fitton. “We are considering our legal options but we hope that the Special Counsel and Congress also consider their options and get these records.”

***

The Obama Presidential Center design, as seen from the south side of the campus. (Obama.org)

FNC: In their effort to break the mold, the planners of the Obama Presidential Center in Chicago are taking heat for some less-than-lofty features in the sprawling complex.

Namely, a “test kitchen.”

Reports first surfaced last fall that the monument to the first black president’s legacy was taking on an activity-center vibe. There would be a museum – but also a basketball court, possibly a room for yoga classes, and a test kitchen to teach visitors “about the full production cycle of nutritious food.”

It’s a reference to former first lady Michelle Obama’s campaign for healthy eating and lifestyles.

But Chicago Tribune columnist Ron Grossman trashed the “test kitchen” idea as not worthy of the ideals and history for which the presidential center is supposed to stand.

This view of the Obama Presidential Center designs shows the museum, forum and library. (Obama.org)

“Mr. President, I’ve got to tell you: The renderings for your museum are ‘little plans,’ more likely to congeal than stir blood,” he wrote.

NO OBAMA DOCUMENTS IN OBAMA LIBRARY?

The problem, Grossman wrote, isn’t the design but the add-ons.

“What brought me up short was a space in the adjoining Forum building labeled ‘test kitchen.’ Presumably that reflects Michelle Obama’s war on junk food. The museum’s champions similarly suggest it could host yoga classes,” he wrote. “President Obama, is that how you want to be remembered? As the healthy-eating and meditation-advocating president?”

He added, “That’s not how I want the story to come down to my grandchildren’s children.”

Grossman encouraged the planners to reflect the “revolution” his election stood for, breaking through decades of racism and exclusion for black Americans.

This is hardly the first time the presidential center’s plans have raised eyebrows.

Planners are taking an unconventional approach, including by opting to host a digital archive of former President Barack Obama’s records, but not keep his hard-copy manuscripts and letters and other documents onsite.

Back in May, Obama described it as “more like a campus,” with plans to position it as a “premier institution for training young people in leadership.”

The project is scheduled to be completed in 2021.

In Defiance, Governors Issues Pardons to Deportees

Posted on January 4, 2018January 4, 2018 by Denise Simon

It is argued that the Democrats want the illegals to stay in country due in part to gaining their vote. There is truth to that for sure, yet advocacy organizations raise a LOT of money which is in the end more important to the Democrat base for campaign contributions.

For a list of pro-amnesty groups covering all industry and social classifications, go here.

Perhaps as a reminder it is prudent to mention that Obama led the charge for clemency and pardons as noted here.

President Obama offered clemency to seven Iranians charged with violating U.S. trade sanctions against Iran as part of a historic prisoner agreement with Iran that freed four Americans Saturday, including Washington Post reporter Jason Rezaian.

The Iranians, six of whom are dual U.S.-Iranian citizens, were imprisoned or were pending trial in the United States. The U.S. government dismissed charges against 14 other Iranians, all outside the United States, after assessing that extradition requests were unlikely to be successful, according to a U.S. official. More here.

***

New York Gov. Andrew Cuomo mimicked California Gov. Jerry Brown’s approach to immigration, pardoning 18 convicted illegal immigrants who faced deportation.

Cuomo, a Democrat, praised himself on Twitter for his compassion Thursday before linking to a New York Times article supporting the move.

Defying Trump again, Jerry Brown pardons immigrants about to be deported

Escalating the state’s showdown with the Trump administration over illegal immigration, California Gov. Jerry Brown used a Christmas holiday tradition to grant pardons Saturday to two men who were on the verge of being deported for committing crimes while in the U.S.

Brown, pairing his state’s combative approach to federal immigration authorities with his belief in the power of redemption, characterized the pardons as acts of mercy.

The Democratic governor moved as federal officials in recent months have detained and deported immigrants with felony convictions that resulted in the loss of their legal residency status, including many with nonviolent offenses that occurred years ago.

With the pardons, the reason for applicants’ deportations may be eliminated, said attorney Kevin Lo of Asian Americans Advancing Justice-Asian Law Caucus, which represented some of the men in a recent class-action lawsuit.

The pardoned immigrants will still need to ask immigration courts to reopen their cases, he said.The detentions of felons has focused on specific ethnic groups in past months, including Cambodians and Vietnamese, according to immigration lawyers handling the cases. Cambodia has been reluctant to repatriate former felons, but acquiesced to accepting more after the State Department stopped issuing visas in September to a small group of top Cambodian officials and their families.

Two of Brown’s pardons are Northern California Cambodian men picked up in October in those immigration sweeps, Mony Neth of Modesto and Rottanak Kong of Davis.

Kong was convicted on felony joyriding in 2003 in Stanislaus County at age 25 and sentenced to a year in jail. Neth was convicted on a felony weapons charge with a gang enhancement and a misdemeanor charge of receiving stolen property with a value of $400 or less in 1995 in Stanislaus County.

Both men came to the United States as children after their families fled the Khmer Rouge regime, and neither has engaged in criminal activity since being released from prison.

Kong and Neth were scheduled to be deported Monday, but a federal judge issued a temporary restraining order last week in the lawsuit filed by Lo’s team, delaying their departure.

Neth, 42, was unexpectedly released from Rio Cosumnes Correctional Center on Friday, said his wife, Cat Khamvongsa, and is back home with his family – albeit with an ankle monitor.

“We gave him a big hug,” she said of herself and her 16-year-old daughter. “We’re so happy.”

In a phone interview Friday night while on his way to Costco, Neth said he was asleep Friday morning when a guard at the detention facility near Elk Grove called his name.

“I knew right then I was coming home,” Neth said. “It’s the best Christmas gift ever. … I don’t want to be anywhere else in the world.”

Despite the governor’s pardon, Neth still faces legal hurdles, Lo said.

What do you Know About H.R. 4174?

Posted on December 11, 2017December 11, 2017 by Denise Simon

Conservatives declared that CommonCore was bad for education and needed to be terminated in all states. Sadly, in many cases it was just renamed.

Are you fine with social engineering in education? Are you good with peer to peer teaching? Are you aware of the changing syllabus and use of textbooks? Did you know the data on you, the family and the student is being collected from pre-Kindergarten all the way through entry into the workforce? How about medical and personal data being sold to third parties for a profit without your knowledge or approval? Can you opt out? Nope.

It appears the government believes it now owns individual military data, IRS data, Census data, and all citizen-level data in any federal agency. One exception to this ownership assumption exists in medical data, which as defined and protected by HIPPA, belongs to the patient (or their guardian). However, medical data is “leaking” into other data streams such as education data. This blurs the lines for HIPPA protections and allows medical information to become part of the integrated, government data system.

USPIE’s primary mission is to close the U.S. Department of Education, repeal all federal education mandates and return control of education to parents and local communities. Our efforts include protecting the privacy of student data from government-directed collection, integration, and sharing^. Big data is big business and America’s children are not for sale. More here.

Do you as a taxpayer have a voice in this legislation? Are there are protections to the data regarding you?

So, what is P20W anyway?

Data governance is both an organizational process and a structure. It establishes

responsibility for data, organizing program area/agency staff to collaboratively and

continuously improve data quality through the systematic creation and enforcement of

policies, roles, responsibilities, and procedures. Data governance is necessary for creating

clear roles and responsibilities for each member of the project team.

This document relates to P-20W or interagency data governance rather than K12 or

intra-agency data governance. While there are many similarities in structure and process

between inter- and intra-agency data governance, there are key differences. For example,

among the various P-20W agencies, there are varying security requirements, data uses,

reporting requirements, and timelines. There is also a different, broader research agenda at

the P-20W level. (See Figures 1 and 2, next page, for depictions of single agency vs. P-20W

data governance structures.)

When data governance is effectively established, the quality of data collected, reported, and

used by state and local education agencies (SEAs and LEAs)—as well as early childhood,

postsecondary, and other agencies (Department of Labor, Department of Health, etc.)—

is enhanced; staff burden is reduced; and communication, collaboration, and relationships

with the various agencies, information technology (IT) staff, and program areas are

improved.

It is also a grant program to the States. Read the document here.

There is also an annual summit, a data summit.

Scrolling through this document as it relates to P20W is actually terrifying. The Department of Education is collaborating with the Department of Labor and the entire student education history and behavior is recorded including that of the family of record and will stay in a data system for decades…

Simply scroll here to see how the data is collected, where it originates and how it is used and shared. People in government and private enterprise that don’t know you are scoring behavior and psychology of the entire family structure but is that a good thing? Hardly.

H.R. 4174 was introduced by Congressman Paul Ryan and co-sponsored by Trey Gowdy. Yep…believe it. What is really shady is the legislation was not in the education committee…

Note the following:

Sponsor:	Rep. Ryan, Paul D. [R-WI-1] (Introduced 10/31/2017)
Committees:	House – Oversight and Government Reform \| Senate – Homeland Security and Governmental Affairs
Committee Reports:	H. Rept. 115-411
Latest Action:	Senate – 11/16/2017 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (All Actions)