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.”

Healthcare Provider Lawsuits v. Feds Begin

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

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

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

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

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

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

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

CMS could not be immediately reached for comment.

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

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

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

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

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

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

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

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

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

 

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

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

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

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

Meanwhile, it does get worse.

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

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

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

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

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

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

Russia’s Other War, Cyber

 

Finding weakness and exploiting it in the cyber realm is hidden warfare, few speak about. For the West, Russia tops the list. China, Iran and North Korea are also on the short list. For Russia’s other targets, the Baltic States are in the Russian target list.

CBS: The U.S. has elevated its appraisal of the cyber threat from Russia, the U.S. intelligence chief said Thursday, as he delivered the annual assessment by intelligence agencies of the top dangers facing the country.

“While I can’t go into detail here, the Russian cyber threat is more severe than we had previously assessed,” James Clapper, the director of national intelligence, told the Senate Armed Services Committee, as he presented the annual worldwide threats assessment.

As they have in recent years, U.S. intelligence agencies once again listed cyber attacks as the top danger to U.S. national security, ahead of terrorism. Saboteurs, spies and thieves are expanding their computer attacks against a vulnerable American internet infrastructure, chipping away at U.S. wealth and security over time, Clapper said.

Russia ‘was behind German parliament hack’

BBC: Germany’s domestic intelligence agency has accused Russia of being behind a series of cyber attacks on German state computer systems.

The BfV said a hacker group thought to work for the Russian state had attacked Germany’s parliament in 2015.

This week it emerged that hackers linked to the same group had also targeted the Christian Democratic Union party of Chancellor Angela Merkel.

Russia has yet to respond publicly to the accusations made by the BfV.

Sabotage threat

BfV head Hans-Georg Maassen said Germany was a perennial target of a hacker gang known as Sofacy/APT 28 that some other experts also believe has close links with the Russian state. This group is believed by security experts to be affiliated with the Pawn Storm group that has been accused of targeting the CDU party.

The Russian Cyber Threat: Views from Estonia

Tensions between Russia and its adversaries in the West are escalating. In recent years, Russia has undermined the security of its neighbors by violating their land borders, crossing into their airspace unannounced and harassing them above and below sea level. Less noticed or understood, however, are Moscow’s aggressive actions in cyberspace. The small Baltic country of Estonia—a global leader in digital affairs—is well-placed to shed light on the tactical and strategic aspects of Russia’s offensive computer network operations.

In fact, three civilian and intelligence agencies responsible for cyber security—the Estonian Information System Authority, Internal Security Service and Information Board—recently issued reports that help put together different pieces of the puzzle. The conclusion is that “in cyberspace, Russia is the source of the greatest threat to Estonia, the European Union and NATO.” Now policymakers on both sides of the Atlantic must decide what to do about it.

Russia has been developing and employing offensive cyber capabilities for years. Russian cyber threat groups consist of professional, highly skilled practitioners whose daily jobs are to prepare and carry out attacks. And they don’t go after low-hanging fruit; instead, they receive specific orders on which institutions to target and what kind of information is needed. Criminals, hacktivists, spies and others linked to Russian strategic interests are usually well-financed, persistent and technologically advanced. They have a wide range of tools and resources, including the ability to carry out denial-of-service attacks, develop sophisticated malware and exploit previously unknown software vulnerabilities. Russian threat actors cloak their identities by using remote servers and anonymizing services. They target everything from the mobile devices of individuals to the IT infrastructure of entire government agencies.

Often, Russian threat actors map target networks for vulnerabilities and conduct test attacks on those systems. After carrying out reconnaissance, they conduct denial-of-service attacks or try to gain user access. Common techniques include sending emails with malicious attachments, modifying websites to infect visitors with malware and spreading malware via removable media devices like USB drives. Once inside, they continue to remotely map networks, attempt to gain administrator-level access to the entire network and extract as much sensitive data as possible. Such access also lets them change or delete data if that’s what the mission requires. They’ll often go after the same targets for years to get what they need. They have the confidence that comes from perceived anonymity and impunity; if they make a mistake or fail, they’ll simply try again.

These tactical activities are carried out in pursuit of strategic objectives. In the long term, this includes undermining and, if possible, helping to dissolve the EU and NATO. Moscow also aims to foster politically divided, strategically vulnerable and economically weak societies on its periphery in order to boost its own ability to project power and influence on those countries’ decisions. Russian cyber threat actors help by stealing military, political or economic data that gives Russia advantages in what it sees as the zero-sum game of foreign relations. The exfiltrated data can be used to recruit intelligence agents or provide economic benefits to its companies. Cyber capabilities can also be used to carry out influence operations that undermine trust between the citizens and the state. Telling examples of that strategy include its multi-week distributed-denial-of-service (DDoS) attacks against Estonia in 2007, its coordinated attacks against Ukraine’s 2014 presidential elections and the false-flag operation against a French telecommunication provider in 2015.

Most worryingly, today’s intelligence operations can enable tomorrow’s military actions. Influence operations, including the use of propaganda and social media, can create confusion and dissatisfaction among the population. Denial-of-service attacks can inhibit domestic and international communication. Coordinated, plausibly deniable attacks on multiple critical national infrastructure sectors can disrupt the provision of vital services such as energy, water, or transportation. This can provide a context for the emergence of “little green men”. Malicious code can be weaponized to hinder military and law enforcement responses. Clearly, cyber capabilities have the potential to be a powerful new tool in the Kremlin’s not-so-new “hybrid warfare” toolbox. With enough resources and preparation, they can be used in attempts to cause physical destruction, loss of life and even to destabilize entire countries and alliances. Such operations could be but a decision or two away in terms of planning, and perhaps several months or years before implementation. What can be done about it?

Preventive and countermeasures exist at the personal, organizational, national and international levels. Individuals should take “cyber hygiene” seriously, since Russian threat actors target both personal and work devices. This includes employing basic security technologies, backing up data, not visiting dubious websites and not opening suspicious emails. Organizations that handle sensitive information should adopt stricter security policies, including for handling of work-related data on personal devices. Information systems managers must be especially vigilant since they are primary targets, and weak personal security on their part may compromise national security. For their part, governments must enact the basics: computer security laws, national cyber strategies, a police focus on cybercrime, national CERTs, public-private partnerships and capable intelligence agencies. They also need continuous training and exercises to keep relevant agencies prepared for their missions. Finally, global cooperation and expeditious exchange of information among cyber security firms, national computer security incident response teams (CSIRTs) and security services are key to identifying Russian attack campaigns and taking defensive countermeasures.

All such countermeasures comprise elements of a deterrence-by-denial strategy that aims to raise the cost of carrying out malicious operations. States have also undertaken diplomatic initiatives to manage the potential instability that could result from the use of weaponized code—namely confidence-building measures, norms of responsible state behavior and attempts to agree on international law. While laudable, none of these have curbed Russian cyber aggression in the short term. For example, Russia’s coordinated December 2015 attack on the Ukrainian electrical grid—highlighted in all three agencies’ reports—was clearly an attack on critical national infrastructure that violated tentative international norms signed by Russia, possibly even while the campaign was being prepared. Defensive and diplomatic countermeasures must be complemented by a cohesive strategy of deterrence-by-punishment by individual countries as well as like-minded allies.

Cyber threat actors with links to Russia (APT28/Sofacy/Pawn Storm, the Dukes/APT29, Red October/Cloud Atlas, Snake/Turla/Uroburos, Energetic Bear/DragonFly, Sandworm Team and others) target NATO members on a daily basis—mainly for espionage and influence operations. But a recent SCMagazineUK article claims that the FSB plans to spend up to $250 million per year on offensive cyber capabilities. “Particular attention is to be paid to the development and delivery of malicious programs which have the ability to destroy the command and control systems of enemy armed forces, as well as elements of critical infrastructure, including the banking system, power supply and airports of an opponent.” Clearly, we had better be prepared.

Judicial Watch Begins Interrogatories on Hillary’s Team

Interviews of Clinton aides in email case to begin this week

 Lukens  Mills

 Mull  Pagliano

 Abedin  Kennedy
TheHill: A conservative legal watchdog’s interviews with current and former aides to Hillary Clinton about her use of a private email server while serving as secretary of State will begin Wednesday and stretch into late June, the group announced.

The first person to be deposed as part of a court case concerning Clinton’s bespoke email setup is Lewis Lukens, a former executive director of the State Department’s executive secretariat, Judicial Watch said in a court filing Tuesday.

Sworn testimony with Cheryl Mills, Clinton’s former chief of staff, is set to follow and has been scheduled for next Friday.
In subsequent weeks, the watchdog group will question former department executive secretary Stephen Mull, IT expert Bryan Pagliano, an official representative from the State Department, longtime Clinton adviser Huma Abedin, and sitting Undersecretary for Management Patrick Kennedy.

Kennedy’s interview, scheduled for June 29, is slated to be the final interview as part of the Freedom of Information Act case.

Each interview could last for as long as seven hours, Judicial Watch predicted.

The depositions are the first of two separate court-ordered processes for Judicial Watch to obtain evidence as part of different open records cases concerning Clinton’s email setup. The twin court cases were launched to obtain separate documents from Clinton’s time in office but have evolved as judges have raised questions about whether the likely Democratic presidential nominee’s arrangement allowed her to circumvent open records laws.

“This court-ordered testimony could finally reveal new truths about how Hillary Clinton and the Obama State Department subverted the Freedom of the Information Act,” Tom Fitton, Judicial Watch’s president, said in a statement Tuesday.

In addition to the officials scheduled to testify as part of the Judicial Watch lawsuit, Judge Emmet Sullivan has said that Clinton herself could be forced to answer questions under oath, depending on information learned through other interviews.

In the second Freedom of Information Act case launched by Judicial Watch, the organization has asked a federal judge to interview Clinton about her email setup. The request would have to be approved by the judge and is likely to face opposition from the State Department.

If it is granted, Clinton’s testimony has the potential to dramatically upend the presidential race, given the simmering concern about her email practices while in office.

Clinton and her campaign have dismissed concerns about the setup, claiming that it was used merely for convenience and that all work-related emails have been handed back to the State Department for record keeping.