Wednesday, November 22, 2017

Treason Bar Scheming To Flood America With Climate Refugees

The Treason Bar and the ethnic lobby have a plan, use the Temporary Protected Status (TPS) program to flood the United States with fake climate refugees and make the Temporary in TPS, Permanent.  In a long form article on ungrateful Haitian TPS recipients who are now flooding Canada, the cat was let out of the bag on the new plans.  The revocation of TPS for Nicaraguans and Haitians was only a speed bump for them though, the 18 month process to rid us of these fake refugees is partially thwarted by #DeepState Resistance led by Acting Secretary Elaine Duke.

Of the 10 countries currently covered by TPS, environmental disasters are cited as the primary reason or a major contributing factor in seven of them.
The program was not created as a response to climate change — it began as a way to respond to displacement from civil war. And yet as the world has warmed, it has evolved into a primary means by which the United States has granted limited rights to many thousands of people when their countries are hit by natural disasters. Indeed, one of the only things governments can currently do when a superstorm or drought devastates their country is lobby to get their citizens in the U.S. covered under TPS (or equivalent programs in other wealthy nations).
Jane McAdam, director of the Kaldor Centre for International Refugee Law at University of New South Wales, told me that problematic as it is, “TPS is the strongest, or even the only, existing mechanism” for climate change migrants under U.S. law. “It does at least provide some kind of temporary protection.” Which is why several scholars have suggested that TPS’s importance will grow as climate change accelerates.
[Canada Prepares For A New Wave Of Refugees As Haitians Flee Trump’s America, by Naomi Klein, The Intercept, November 22, 2017]

Thankfully the Cultural Marxists have exposed their own plans, which places the imperative back on the Trump Administration to make changes to the current plan by Duke to sabotage the termination of TPS for Haitians, Nicaraguans, Hondurans, and Salvadorans.  Duke gave both Nicaraguans and Haitians an 18 month extension for no reason other than the plan was for that time period be the opportunity for lobbying or judicial interference with the decision, to effectively make the temporary program permanent or for those illegal aliens to be granted legal permanent residence.

However, the sabotage by Duke can be reversed.  President Trump can order Duke to change her decision and rescind the 18 month extension, preferably before the current TPS period expires.  Instead of an 18 month extension, a six month extension can be granted with the notice that it will be the last, or better yet, offer the illegal aliens a period of Deferred Enforced Departure (DED), say three to four months for the aliens concerned to orderly conclude their affairs in the United States and prepare to leave, with hopefully most departing to Canada, without Advance Parole which will make them ineligible to return to the United States. 

Also needed is a legislative reform to TPS, making it truly temporary, limiting it to six months total, but that is too much to expect from RINO Paul Ryan.  It is clear that both President Trump and even John Kelly are concerned about the issue, but they need to take action against saboteurs like Duke.

ICE SVU Returns

As your correspondent warned, U.S. Immigration and Customs Enforcement Special Victims Unit (ICE SVU), also known as Homeland Security Investigations (HSI), is sabotaging immigration enforcement by not doing immigration law enforcement.  Instead of opening criminal investigations into State and local government officials aiding illegal aliens to remain in the United States in violation of Title 8 United States Code, Section 1324 Bring In and Harboring Certain Aliens, the Federal statute that prohibits anyone from aiding an illegal alien to remain in the United States, and arresting those officials, such as Janet Napolitano or Governor Jerry Brown, ICE SVU has decided to use its precious enforcement resources on educational campaigns against female genital mutilation.  Instead of raiding worksites, instead of seizing records of illegal aliens at the California Department of Motor Vehicles, instead of arresting thousands of 11 million illegal aliens in the United States, HSI will focus on billboards against something that is not even illegal under Federal law unless the victim crosses State lines for the procedure.

As a result, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) National Security Investigations Division’s Human Rights Violators and War Crimes Unit, together with the ICE Office of the Principal Legal Advisor’s Human Rights Law Section, the Federal Bureau of Investigation International Human Rights Unit, and the Department of Justice Human Rights and Special Prosecutions Section, have focused their attention on identifying girls at risk and investigating those who perpetrate FGM/C.
[ICE Fights To Protect Girls And Women From Mutilation And Abuse, ICE Press Release, November 20, 2017]

ICE SVU is sabotaging the Trump Administration by continuing to refuse to do its job, of which one responsibility is worksite enforcement.  The current Acting Director of ICE, Thomas Homan, announced publicly that ICE would start an aggressive worksite enforcement program, which is the responsibility of ICE SVU, but the Acting Executive Associate Director of ICE SVU, Derek Benner, has either refused those orders from Homan or Homan is selling a bill of goods to the public.

There are saboteurs in ICE, one of which is Benner.  He doesn't want to do immigration arrests.  ICE SVU Special Agents think they are above doing administrative arrests of illegal aliens, a snobbish attitude that they lord over ICE Enforcement And Removal Operations (ERO) Deportation Officers.  ICE SVU thinks they do complicated and demanding criminal investigations, and think administrative arrests of illegal aliens is beneath them.  This was not always true, back in the days of the Immigration and Naturalization Service (INS), there was no such snobbery regarding administrative arrests of illegal aliens.  Special Agents went into the field to make arrests, raided worksites, as well as did criminal investigations.  Those days are long gone.  And sympotmatic of the foolishly created DHS.  Now DHS wastes millions of dollars on unproductive ICE SVU agents and bureaucracy.  This problem needs to be solved.  President Trump can solve this problem by firing Benner and reorganizing the immigration enforcement components of DHS, ICE, CBP, and Border Patrol, as suggested by your correspondent.

First, the Secretary should immediately implement the BBP system where he has that authority;  ICE and CBP, with their sub-components HSI, ERO, OAM, USBP, and OFO, should be immediately abolished and all responsibilities brought into a unified BBP.  A regional and district command structure should be imposed, with responsibilities siloed and modeled on the legacy Immigration and Naturalization Service's (INS) district office system, with an added regional office for close supervision of the new District Director positions.  As an aside, INS District Directors suffered from too little supervision, and that should not be duplicated in the BBP, everyone needs a supervisor, and legacy INS District Directors did not have enough.
Under each District Director there would be silos for different activity, much as a modern police department or sheriff's office are organized.  Each district office will have a silo for patrol, investigations, deportation, and inspections covering the responsibilities to patrol the border and interior, conduct criminal, administrative investigations, and raids, manage the deportation process, and inspect arriving people and trade.  The head of each office will be a Chief Patrol Agent, Deputy District Director for Investigations, Deputy District Director for Deportation, and Deputy District Director for Inspections, respectively, covering each activity or responsibility.
[Everyone Agrees That DHS Needs Reorganization, by Federale, Federale Blog, November 3, 2017]

ICE SVU needs immediate attention of the Trump Administration.  ICE SVU's failure, inaction, and feel good PR stunts like the female genital mutilation advertising program will ruin the Administration plans for immigration enforcement.  That immigration enforcement plan will be actively undercut and sabotaged by the Deep State Resistance led by ICE SVU.  President Trump can thwart that sabotage by executive vigor and discipline.  President Trump must act to control the bureaucrats or they will control him and sabotage his program.

Up On VDare: Trump Must Take Charge

My latest is up on VDare:

But what does Trump’s support mean? Frontline immigration enforcement officials are already under attack—and sabotaged by their superiors in the federal bureaucracy who don’t want to stop illegal immigration.
Patriot agents are fighting back and taking their message to the American people with a new website for whistleblowers: JIC Report.

Read the whole thing here.

Contribute to VDare here.

Saturday, November 18, 2017

Mexican Kritarch Dumps Constitution To Protect Mexican Illegal Alien

Another Kritarch has ignored the law and the Constitution to protect an illegal alien gangbanger in an effort to protect a compadre from old México, perhaps they are both from Baja California Sur.  Kritarch Ricardo Martinez has said that there is some due process right owed to illegal aliens in the Deferred Action For Childhood Arrivals (DACA) program that no longer exists.  Such a problem was inevitable, especially given the lawlessness of DACA.  There are no rules to DACA because it is based on prosecutorial discretion, which not too long ago the left was saying was the sole authority of the President.  Now it appears that not only is DACA permanent, but DACA status cannot be withdrawn from illegal aliens without some rules or due process.

Mexican Kritarch Ricardo Martinez

The story originates with an illegal alien gangbanger and his gangbanger brother and father; Daniel Ramirez Medina, also known as the Rat.  He is a long time illegal alien and his father is a long time illegal alien criminal.  All appear to be gangbangers, members in the Paisas gang with origins in Mexico.

A federal judge ruled Wednesday that a DREAMer who had protection from deportation and was arrested during an immigration raid can challenge the Department of Homeland Security’s actions after government lawyers tried to get the case dismissed.
Daniel Ramirez was detained by US Immigration and Customs Enforcement (ICE) agents in Seattle on Feb. 10 and threatened with deportation, despite being a beneficiary of the Deferred Action for Childhood Arrivals program, also known as DACA.
"At this stage of the proceedings, the Court is satisfied that Plaintiff has raised a plausible due process claim that will not be dismissed," said Judge Ricardo Martinez of the US District Court for the Western District of Washington.
[One Of First DACA Recipients To Face Deportation Can Challenge His Arrest, Court Rules, by Adolfo Flores, BuzzFeed, November 8, 2017]

And to no surprise, the illegal alien is hanging his appeal on the Administrative Procedures Act (APA), the same Act that was not followed in creating DACA.

Ramirez is accusing federal agencies of violating the Administrative Procedures Act because revoking his DACA doesn’t fit the government's procedures for terminating it “and was therefore arbitrary and capricious.”
He is also accusing the feds of violating his Fifth Amendment right to due process.

The Mexican judge is basing his decision on some alleged promises made to DACA illegal aliens, which were not made, and so explicitly stated in the legal reasoning, if one can call it that, behind the DACA program.

“The Government claims that it can break its promises to the Dreamers for any reason or for no reason at all,” Dettmer said in a statement. “The Court asked the Government whether that could be fair or just, and this order makes clear that the answer to that question is ‘no.’”

But since DACA is prosecutorial discretion, the government can do as it wills.  And for the record, there was no promise to any illegal alien of anything other than the program was revocable at any moment.

As a general rule, when Congress vests enforcement authority in an executive agency, that agency has the discretion to decide whether a particular violation of the law warrants prosecution or other enforcement action. This discretion is rooted in the President’s constitutional duty to “take Care that the Laws be faithfully executed,” U.S. Const. art. II, § 3, and it reflects a recognition that the faithful[]” execution of the law does not necessarily entail “act[ing] against each technical violation of the statute” that an agency is charged with enforcing. Heckler v. Chaney, 470 U.S. 821, 831 (1985). Rather, as the Supreme Court explained in Chaney, the decision whether to initiate enforcement proceedings is a complex judgment that calls on the agency to “balanc[e] . . . a number of factors which are peculiarly within its expertise.
[Memorandum Opinion For The Secretary Of Homeland Security And The Counsel To The President, by Karl R. Thompson, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, November 19, 2014]

It is also quite clear on the U.S. Citizenship and Immigration Services (USCIS) DACA web page that every policy is subject to change or cancellation.

As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines...
Information provided in this request is protected from disclosure to ICE and CBP for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance ( Individuals whose cases are deferred pursuant to DACA will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor. This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter.
[DACA Archive, DHS DACA FAQ, USCIS, undated]

Apparently the Kritarch Ricardo Martinez cannot read or reason, much less follow precedent in the law.  Kritarch Martinez is clearly has an outcomes based view of the law; he decides on what decision he wants, then reasons to it.  And destroying the law and the Constitution appear to be a casualty of allowing Mexicans in the judiciary of the United States, as well as the destruction of the country.

Time for Texas to bring back its threat of a lawsuit to end DACA. Ken Paxton, a nation's lonely eyes turn to you in our time of need. Where is Antonio Scalia, PBUH, when we need him? The Trump Administration program of dragging out the end of DACA is a failure.  End DACA completely to trump this attempt at a coup d'etat by the kritarchs.


Friday, November 17, 2017

Kritarchs Moving To Impose DACA Amnesty Permanently

Kritarchs in the 9th Circuit Court of Appeals are moving swiftly to impose a permanent DACA amnesty for illegal aliens protected by an illegal and unconstitutional administrative amnesty created by Barack Hussein Obama.  The Deferred Action For Childhood Arrivals (DACA) amnesty was created out of thin air to protect illegal aliens from deportation, and, of course, there was no legal process used in its creation, especially not the Administrative Procedures Act (APA) requirements.

However, three Kritarchs in California have decided that DACA is now a mandatory program of amnesty for illegal aliens who now have a legal interest in the program despite the claim by the Obama Regime that it was solely an exercise of prosecutorial discretion that was not reviewable by the courts.  And, importantly, was revocable at any time as well as not granting any legal status to illegal aliens.

As has historically been true of deferred action, these proposed deferred action programs would not “legalize” any aliens who are unlawfully present in the United States: Deferred action does not confer any lawful immigration status, nor does it provide a path to obtaining permanent residence or citizenship.  Grants of deferred action under the proposed programs would, rather, represent DHS’s decision not to seek an alien’s removal for a prescribed period of time...
A grant of deferred action under the proposed programs would remain in effect for three years, subject to renewal, and could be terminated at any time at DHS’s discretion...
As a general rule, when Congress vests enforcement authority in an executive agency, that agency has the discretion to decide whether a particular violation of the law warrants prosecution or other enforcement action. This discretion is rooted in the President’s constitutional duty to “take Care that the Laws be faithfully executed,” U.S. Const. art. II, § 3, and it reflects a recognition that the faithful[]” execution of the law does not necessarily entail “act[ing] against each technical violation of the statute” that an agency is charged with enforcing. Heckler v. Chaney, 470 U.S. 821, 831 (1985). Rather, as the Supreme Court explained in Chaney, the decision whether to initiate enforcement proceedings is a complex judgment that calls on the agency to “balanc[e] . . . a number of factors which are peculiarly within its expertise.” 
[Memorandum Opinion For The Secretary Of Homeland Security And The Counsel To The President, by Karl R. Thompson, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, November 19, 2014]

Your correspondent warned that kritarchs would seek to make DACA permanent.  Because President Trump failed to immediately revoke DACA on his first day in office, we now have kritarchs circling in the water, testing push back from the Trump Administration, and contemplating declaring DACA mandatory.

An appeals court has cleared the way for a federal judge to force the Trump administration to make public more of its internal documents on the decision to rescind the program granting quasi-legal status and work permits to so-called Dreamers.
A panel of the 9th U.S. Circuit Court of Appeals voted, 2-1, to rebuff the Justice Department’s attempt to halt U.S. District Court Judge William Alsup’s order that the administration turn over emails, letters, memos and legal opinions considered in the course of the decision announced in September to end the Deferred Action for Childhood Arrivals program created in 2012 under President Barack Obama.
[Court Won't Halt Judge's Demand For Details On DACA Cancellation Decision, By Josh Gerstein, Politico, November 16, 2017]

Kritarch William Alsup

Two more Kritarchs, Kim Wardlaw and Ronald Gould, at the Appeals Court, appear to think that an exercise of deferral of prosecution creates rights for illegal aliens and the President cannot end that policy without their approval.

And it is clear their concern about DACA is not based on due process or the APA, but an ideological commitment to replacing the historic American nation with illegal aliens.

Judges Kim Wardlaw and Ronald Gould said in a ruling issued Thursday that the official record the administration submitted in response to more than half a dozen lawsuits challenging the decision was clearly inadequate.
“Put bluntly, the notion that the head of a United States agency would decide to terminate a program giving legal protections to roughly 800,000 people based solely on 256 pages of publicly available documents is not credible, as the district court concluded,” Wardlaw and Gould wrote in a joint opinion.

Kritarchs Wardlaw and Gould seem to think that the President has to produce some minimum number of pages of documents before making a decision.  Well, nothing like that in the Article II of the Constitution.  The President, or anyone else he designates, can make a decision about any particular issue without any documents, with a few, or with thousands, it does not matter.  What matters is that in exercising prosecutorial discretion is not reviewable and a matter where the Executive Branch is supreme, the APA notwithstanding, especially since the Kritarchs involved seem deliberately unaware that DACA was created without regard to the APA.

The Very White Hispanic Kritarch Kim Wardlaw

Usual Suspect Kritarch Ronald Gould

The mask of the Kritarchs is off, and they are becoming more readily open in their hostility to the Constitution in their pursuit of their ideology of nation busting, whether it is destroying Poland or the United States.

Saturday, November 11, 2017

Patti Saris Again Raises Her Ugly Head To Obstruct Immigration Enforcement

Years ago numerous Indonesian Christians came illegally to the United States and submitted asylum applications.  Those asylum applications were reviewed by the Executive Office for Immigration Review (EOIR), the immigration courts.  The claims were rejected as unsubstantiated and the illegal aliens ordered deported.  However, the Department of Homeland Security (DHS) declined to enforce those deportation orders, called Final Order Of Removal.  During the 10 or so years that the cases involving Indonesian Christians were free to remain in the United States, those illegal aliens did not make any effort to appeal their outstanding orders.  Then the United States had an election, and the policy of not enforcing those and many other Final Orders of Removal were ended.  Then suddenly, those illegal aliens claimed they were being denied an opportunity to file for asylum or were not receiving due process.  They filed a case in the Federal courts and were assigned to a Kritarch, Patti Saris, who apparently thinks she runs immigration policy, even after aliens have had their day in court.  Saris thinks she can usurp the Constitution of the United States based on her whims regarding immigration policy.

Kritarch Patti Saris

In her latest excursion into immigration enforcement policy, she decided that illegal aliens can't be held in custody for their return to their home country.

BOSTON (Reuters) - A U.S. judge on Wednesday ordered the release of an illegal immigrant who is among 47 Indonesians in New Hampshire challenging the Trump administration’s order to deport them.
The man, Terry Rombot, had been allowed to remain under the terms of a 2010 deal with U.S. Immigration and Customs Enforcement until this year, when President Donald Trump instructed ICE that all people living in the United States illegally were subject to deportation.
[U.S. Judge Frees Indonesian Immigrant Held By Trump Order, by Nate Raymond, Reuters, November 1, 2017]

First, let's deal with the misleading reporting.  Rombot was not taken into custody based on any ICE policy of deporting all illegal aliens.  Rombot was taken into custody because he had an outstanding Final Order Of Removal; that's a big difference and symptomatic of the lies from reporters like Raymond.

Now, with regard to Saris, she has no authority to interfere with the pre-deportation custody of an illegal alien with a Final Order Of Removal.  Rombot was taken into custody because he was soon to be deported.  There was no issue of Indonesia not accepting him nor of Indonesia not providing a travel document, so there was no question of him being held in custody longer than allowed in the St. Cyr decision that restricted custody of illegal aliens with Final Orders Of Removal who for whatever reason were unlikely to be successfully deported.  She still thinks that she can review the underlying decision of the immigration court as well.

Saris previously ordered a stay to the deportations. She is currently weighing whether she can order a longer delay to give the affected people time to renew their efforts to gain legal status.

In fact, Saris' actions appear to more akin to that of the Mexican kritarch Monica Herranz who aided an illegal alien to escape arrest by ICE when she let that illegal alien leave her courtroom through the exit to her judicial chambers.  Saris is clearly scheming to help Rombot escape deportation by disappearing into the almost 1 million illegal aliens absconding from Final Orders of Removal.

Time for Congress to impeach Saris and to remove authority from lesser courts to review immigration law enforcement, detention, and deportation decisions.

Confirmed: Elaine Duke Was Deep State Saboteur

It has been confirmed that Elaine Duke, Acting Secretary of the Department of Homeland Security (DHS) is a #DeepState saboteur actively engaged in thwarting the Trump immigration plan on Temporary Protected Status (TPS).  And she will be shown the door once the less than stellar Kirstjen Nielsen is confirmed, and for good reason, the President holds all executive power, no member of the Executive Branch holds any independence from the President.

Elaine Duke, Acting Secretary of the Department of Homeland Security (DHS), is reportedly set to resign in light of being asked to reverse a decision extending temporary residents permits to thousands of Central American immigrants living in the US.
[Trump Official Ready To Resign After Being Asked To Deport 50,000 Immigrants, by Mythili Sampathkumar, The Independent/Yahoo, November 9, 2017]

We can also confirm that the legal standards she used to extend TPS for Hondurans were unlawful.  The legal standard being have the conditions that prompted TPS ended, not whether it is good or bad for those aliens to return.

According to officials, she felt she needed more information on the situation with Hondurans and had received calls from diplomats asking her to weigh the fate of those immigrants, who had lived in the country for decades, with care.  

And we know where Duke got the lobbying from "diplomats" who wanted to "weigh the fates of immigrants [illegal aliens] who had lived in the country for decades."  That was James D. Nealon, another John Kelly protege who stabbed his benefactor in the back.  This bodes ill for the service of Nielsen as Secretary, one can expect her to stab the President in the back.  More disturbing is that Duke and Nealon have not been summarily fired for insubordination.

President Trump needs to be more discerning and careful about who he appoints to important positions.  Personal loyalty should be the first consideration.  RINO technocrats are disloyal and not competent.  Go with those who support you and your agenda.