Saturday, December 9, 2017

Attorney General Jefferson Beauregard Sessions III Cracks The Whip

Will it be enough?  Attorney General Jefferson Beauregard Sessions III has made moves on the kritarchs in the immigration bureaucracy at the Department of Justice (DOJ), the Executive Office for Immigration Review (EOIR), the immigration "courts."  AG Sessions sees the 600,000 plus deportation case backlog at the EOIR and wants to solve that problem by more expeditious hearings. That courts is in quotation marks because the EOIR "judges" are not real judges, nor are the "courts" they work in real courts.  The Constitution gives Congress the authority to create courts inferior to the Supreme Court and designate their jurisdiction.  However, the EOIR was wholly created by fiat in 1983 by the Attorney General, even calling them "judges" was an Executive branch decision.  However, like the current Federal Bureau of Investigations (FBI), the EOIR and their kritarchs think they are independent actors, not subordinate employees of the DOJ.  It appears that AG Sessions is now cracking the whip over #TheResistance in the EOIR.  Whether that will work is another question.  But there is a solution.  That below.

Attorney General Jeff Sessions issued a new memo Wednesday urging immigration courts to more quickly process cases and to start chipping away at the backlog. 
In the Wednesday memo to the Executive Office for Immigration Review, Sessions said immigration courts need to commit to “the timely and efficient adjudication of immigration cases.” He also said 60 additional immigration judges would be hired in the next sixth months to help with the work. 
[Jeff Sessions To Immigration Courts: Work Faster, by Kelly Cohen, Washington Examiner, December 6, 2017]

That is a good idea, but even the optimistic schedule is halving the case backlog by 2020, which is not saying much.

"With today’s memo, the Attorney General reaffirms his commitment to the rule of law and to the timely and proper adjudication of immigration court cases,” said EOIR Acting Director James McHenry in a statement Wednesday. “EOIR has already begun to see the effects of this commitment, and — with the same dedication from EOIR staff, attorneys, and judges — can further work toward realizing our goal of cutting the pending caseload in half by 2020.”

Sessions had some good ideas, such as ending the game of continuances that enable illegal aliens to indefinitely postpone hearings on their cases, usually with the connivance of Cult Marx kritarchs like Dana Marks.

Sessions listed five “core principles” that he said EOIR personnel should adhere to when adjudicating these cases. One of these is that “unwarranted delays and delayed decision making” do not serve “the national interest...”

AG Sessions also addressed the problem of employees who thought they were laws unto themselves and made policy, not implement policy, e.g. kritarchs.

Sessions also reminded all EOIR staff and officials that they are to apply immigration laws “as enacted, irrespective of our personal policy preferences.”

Sessions was also onto other techniques of the Treason Bar, pushing cases that had no reasonable expectation of relief in the EOIR, sometimes to exploit their clients, more often to find a sympathetic "judge" who will rule on emotion or ideology.

Another “core principle” is to promptly and lawfully resolve “meritless” cases or motions before the courts or the appeals board, as well as to follow EOIR’s “performance measures” when adjudicating cases.

And then there is fraud, something the Treason Bar denies exists.

Sessions also reminded EOIR officials that there is often fraud in the immigration court system, and that fraud can lead to “delays, inefficiencies and the improper provision of immigration benefits.” Fraud should be immediately documents and reported, Sessions wrote.

Overall, this is good in theory, and again we see that Sessions can walk the walk.  But what will he do when he gets pushback from the kritarchs?  Will he fire Dana Marks or A. Ashley Tabaddor?  And in the end, halving the backlog by 2020 is not enough.

The real solution is fully implementing and then expanding Expedited Removal, the legal process by which illegal aliens are removed from the United States without recourse to the EOIR.  Even an optimistic view of the Sessions plan still leaves the problem in place, the EOIR itself.  Perhaps if Sessions returns the appeals system to the pre-1983 system of Special Inquiry Officers, the backlog can be significantly reduced, but that isn't likely.  But of course, the problem is that Congress must act to expand Expedited Removal.  So there is a quandary, as I don't expect Paul Ryan to help, but in exchange for a DACA amnesty, expansion of Expedited Removal is possible.  But in the meantime, perhaps Trump can order his new DHS Secretary to fully implement Expedited Removal as written now.

Attorney General Jeff Sessions Back In The Fight?

The ACLU and a local sheriff have concocted a scheme to attack immigration custody detainers issued by U.S. Immigration and Customs Enforcement (ICE).  This is a scheme similar to the "sue and settle" technique by which the watermelons, green on the outside, red on the inside, at the Environmental Protection Agency (EPA) imposed anti-business environmental regulations outside the regular rulemaking process by arranging lawsuits from environmentalists then capitulating to the demands in the lawsuit by settling.  In this case the Marion County Sheriff wanted to stop honoring detainers, but did not want to risk Federal funding his agency receives, so he contacted the ACLU and arranged a lawsuit that he would not fight, and agree to a settlement that prohibited him from holding illegal aliens on detainers from ICE.  Interestingly, Curtis Hill, the black Indiana Attorney General, is leading the fight against the contrived settlement against John Layton, the white sheriff of heavily black Marion County and the City of Indianapolis.  Throw in a liberal Kritarch on the Federal bench the suit is brought to, and you have an illegal and unethical scheme to thwart Congress, State legislatures, and the Constitution.

Involved are area rogues gallery of Cult Marxists scheming to end immigration enforcement.

Kritarch Sarah Evans Barker

Sheriff John Layton

Indiana's attorney general has filed a motion to intervene in a settlement between the Marion County Sheriff's Office and the American Civil Liberties Union of Indiana that would end warrantless ICE detention requests. 
Curtis Hill objects to the signed settlement agreement struck a month ago between the ACLU and Marion County Sheriff's Office to end Immigration and Customs Enforcement detainer requests to hold people who are believed to be in the country illegally.
In a 36-page order handed down Nov. 7, U.S. District Judge Sarah Evans Barker issued an injunction preventing the Sheriff's Office from detaining any person based solely on ICE requests. 
The settlement was finalized that day. 
But in a motion filed this week to intervene in the federal case, Hill argues that the state's interests were not properly represented during the legal proceedings. He also says Barker misinterpreted the law. 
[Wait, Indiana Attorney General Says, ACLU Deal With Sheriff's Office Violates State Law, by Fatima Hussein, Indianapolis Star, December 7, 2017]

Hero Curtis Hill, AG Of Indiana

Interestingly, the U.S. Attorney's Office was involved in the lawsuit at other points in time, it concerns an illegal alien from Mexico who was detained after a local arrest on the basis of an ICE detainer.

Hill is not the first party to attempt to sway the ICE detention case. In July, the U.S. Justice Department filed a notice of appearance in the case and requested that the Sheriff's Office cooperate with the ICE arrest procedures. 
U.S. Attorney for the Southern District of Indiana Joshua J. Minkler, also represented the federal government in the case.
The case stemmed from the 2014 arrest of undocumented immigrant Antonio Lopez-Aguilar. Aguilar was detained as he appeared at the Marion County Traffic Court to answer for a misdemeanor charge that he had driven without a license.

Of course the real objection is not to detainers, but to arresting illegal aliens.  The ACLU continues to claim that the illegal alien in the case was arrested without probable cause.

The ACLU alleged that ICE arrested and held Lopez-Aguilar without cause in violation of the Fourth Amendment. 

This claim is despite the fact that probable cause was readily apparent at the time of Lopez-Aguilar's  arrest by ICE officers. 

 It is good to hear that AG Sessions is finally in the fight over detainers.  It is disappointing that the AG of Indiana is leading the fight though.

Friday, December 8, 2017

ICE SVU Punked By Jack-Booted Government Thugs

By jackbooted government thugs I mean the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Really Big Fires (ATFE), the famous jack-booted government thugs of the 90s.  But I jest though, it was the FBI that burned down a church to save the children.  But ATFE did punk the ever hapless ICE Special Victims Unit (ICE SVU), and by punk I mean expose ICE SVU as a useless and toothless law enforcement agency.  ICE SVU, properly know as Homeland Security Investigations (HSI) is supposed to be the investigative arm of the Department of Homeland Security (DHS), though it is not in fact the investigative arm of DHS.  A more likely contestant for that title is the United States Secret Service.  But for the uninitiated, what ICE SVU is bragging about is that they are the only employees in U.S. Immigration and Customs Enforcement (ICE) with the Occupational Series 1811, the Criminal Investigations job series, who hold the title Special Agent.  In Federal law enforcement, it is the most prestigious and well paid position.  This is the position that FBI agents, and Secret Service agents hold, as well as many other agencies, such as agents with the Offices of Inspectors General, IRS agents, ATFE agents, and ICE SVU agents.  ICE SVU agents like to lord this over Deportation Officers, who work for ICE Enforcement and Removal Operations (ERO) Deportation Officers, who are in a different occupational series, 1801, Customs and Border Protection Officers, occupational series 1895, and Border Patrol Agents, Occupational Series 1896.  ICE SVU agents think that they are the elite of DHS and they are so proud they do "criminal" investigations, as opposed to making administrative arrests of illegal aliens.  And ICE SVU studiously avoids doing criminal investigations involving any aspect of immigration law as well, except human trafficking, the sexed up version of quotidien alien smuggling. Otherwise ICE SVU refuses to do cases involving illegal aliens.

For example, ICE SVU continues to be the sex police, spending countless resources on a local crime, child molestation.  Child molestation is a crime in every State and is routinely investigated by local law enforcement agencies and the FBI assists such prosecutions by identifying and investigating child pornography rings.  However, because ICE SVU does not like arresting illegal aliens, it instead chooses to investigate crimes investigated by local police departments.

A Wisconsin man was sentenced Thursday to more than a decade in federal prison after he was caught in a sting in which he apparently believed he would be having a lengthy rendezvous with a 4-year-old girl...
Sherwood pleaded guilty Aug. 23 to traveling with the intent to engage in illicit contact and enticing a minor.
According to court documents, a special agent with Homeland Security Investigation's cyber unit encountered Sherwood during a 2015 undercover operation in an chat room dedicated to discussion and shared images about abuse of children and infants.
[Man Who Planned Sex Assault Of 4-Year-Old Gets 11 Years In Prison, by Gabrielle Banks, Houston Chronicle, December 7, 2017]

And while ICE SVU is poaching cases from local police departments and the FBI Child Exploitation Task Forces, they let illegal alien killers wander the streets of the United States, like Jose Zarate, the killer of Kate Steinle.

While it appears that Attorney General Jeff Sessions took the advice of your humble correspondent and has decided to prosecute Zarate for being a felon in possession of a firearm and illegal alien in possession of a firearm.  But missing from that criminal prosecution were the ever so proud criminal investigators at ICE SVU.

SAN FRANCISCO – A federal grand jury indicted Jose Inez Garcia-Zarate today for being a felon in possession of a firearm and ammunition, and for being an illegally present alien in possession of a firearm and ammunition, announced United States Attorney General Jefferson B. Sessions; United States Attorney Brian J. Stretch from the Northern District of California; and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder.
According to the indictment, on July 1, 2015, Garcia-Zarate, a citizen of Mexico who reportedly is 47 years old, possessed a semi-automatic pistol and multiple rounds of ammunition in violation of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm) and 18 U.S.C. § 922(g)(5) (unlawfully present alien in possession of a firearm). 
[Jose Inez Garcia-Zarate To Face Federal Firearm Charges In The Northern District Of California, Press Release, Department of Justice, December 5, 2017]

Note that missing from that announcement was Ryan Spradlin, Special Agent-in-Charge (SAC) of the ICE SVU office in San Francisco.  Now an HSI SAC should have been moving fast when Zarate was found not guilty, he should have ordered his so very proud of themselves Special Agents to be in the lobby of the U.S. Attorney's Office for the Northern District of California the next day with a proposed indictment and arrest warrant for Zarate.  But that did not happen.  Spradlin and his ilk at ICE SVU don't like making immigration related arrests and beneath them.  They let ATFE take the case, a case involving an illegal alien.  A criminal case that ICE SVU should have investigated and prosecuted.

Spradlin is one of the #DeepState saboteurs operating deep in the immigration bureaucracy.  He thinks immigration work is beneath him.  Immigration arrests cause too much bad press, as if he should care about that. Concerns about bad press are not part of Federal law enforcement training, such training was though concerned about faithfully executing the laws of the United States without fear or favor.  But Spradlin favors illegal aliens.  He has hundreds of Special Agents under his command, but has few arrests and convictions, and no immigration arrests to speak of in his office. 

Thomas Homan has said that immigration arrests are back on the table, it appears that Ryan Spradlin did not get that message.  Why is Spradlin still employed?

Monday, December 4, 2017

#DeepState Saboteurs: The OPLA Story

The Office of the Principal Legal Advisor (OPLA) is the legal office of U.S. Immigration and Customs and Enforcement (ICE).  Ostensibly its purpose is to provide legal advice to ICE on a wide range of issues, from employment law to customs law to immigration law.  However its main purpose and taking a majority of its time and resources is dealing with immigration law issues and prosecuting immigration law cases before the Executive Office For Immigration Review (EOIR), the immigration courts that are part of the Department of Justice (DOJ) and not actual courts.

The OPLA has a dull and not very informative mission statement:

We will protect the homeland by diligently litigating cases while adhering to the highest standards of professional conduct, providing timely and accurate legal advice; and optimizing resources to advance DHS and ICE missions.
[Office of the Principal Legal Advisor, ICE website, undated] 

Now, instead of actually dealing with the deadly dull nature of legal work in ICE and before the EOIR, they sex up their mission to suggesting that they protect the homeland, as if they were operators on the front line duking it out with Al Qaeda in the border badlands.  And it would get a pass if they were actually doing something near what they claim, like diligently proving the case for deportation of illegal aliens before the nut jobs who rule the EOIR "courts."

However, the OPLA is doing nothing of the sort.  Aside from the not to be surprising shirking of their duty by dismissing cases they think will be too hard to win, they actually serve at cross purposes of enforcing immigration law.

For example, recently immigration patriots had some good news, enforcement is happening and the actual officers who do immigration enforcement, ICE Enforcement And Removal Operations (ERO), one of the two enforcement arms of ICE, the other being the hapless ICE Special Victims Unit (ICE SVU), known officially as Homeland Security Investigations (HSI).

In certain areas, ICE ERO and Border Patrol are now doing Area Control (AC) and City Patrol (CP), two techniques from yesteryear where illegal aliens on the street were targeted for identification and arrest.  In some areas, a half a dozen unmarked vans patrol urban areas, suppressing illegal immigration and putting fear into the hearts of illegal aliens.  In other urban areas near the border, Border Patrol Agents are now authorized and assigned to CP away from the border to identify and arrest Mexican illegal aliens and remove them immediately to Mexico.
[“Please, God, Don’t Let Me Get Stopped!”–Illegals Are Starting To Feel The Trump Heat, by Federale, VDare, November 256, 2017]

No sooner than the good news came to the fore, than the Deep State saboteurs in OPLA lept into action.  They were presented with a case where a presumably ICE ERO Deportation Officer saw a suspicious illegal alien and conducted a contact with that pair of illegal aliens while conducting Area Control operations.  But instead of ensuring that the long time illegal aliens arrested were deported, the saboteurs dropped charges, implying that the stop of the illegal aliens was illegal.

Zenon Natividad Cruz was driving with his wife to work early on the morning of Feb. 5, 2016, when the inside of their vehicle lit up with blue flashing lights.
A police officer was pulling them over. Natividad Cruz couldn’t think of what he had done wrong. Whatever it was, he wasn’t going to argue: He and his wife had come to the United States illegally 20 years earlier.
What followed was 18 days in jail and months fearing that he would be deported by an immigration-court judge in Cleveland, which has happened in two-thirds of the “removal” cases heard there.
But the native of Mexico, now 47, was in the one-third not ordered out of the country and separated from his family — at least not yet.
The officer didn’t say he was a U.S. Immigration and Customs Enforcement agent or why he stopped them. And Natividad Cruz didn’t ask.
The couple gave the officer international identity cards. He asked for more ID, and Natividad Cruz handed over his Mexican identification card. He didn’t have a driver’s license.
After the officer walked to his SUV and returned, he allowed the couple to leave. He told them to be careful, according to a court document.
Ten minutes later, the agent, with backup agents, showed up at the German Village McDonald’s where the couple worked and took Natividad Cruz into custody as a “deportable/inadmissible alien.”
[Feds Drop Deportation Case After ICE’s Columbus Traffic Stop Challenged, by Earl Rinehart, The Columbus Dispatch, December 4, 2017]

Now, the scenario as described by the illegal alien makes no sense.  He was stopped but did not know if the person who stopped him was a local police officer or from ICE?  Now I supposed that the Deportation Office might try and bluff his way through the stop without identifying himself.  Perhaps he was in his "Police" battle rattle that many local politicians complain about.  But that's not important.

But we get the real reason for the story and the transcription services that the reporter [contact Rinehart here] is providing to the Cult Marxists.

The American Civil Liberties Union has sued several federal immigration agencies alleging illegal stops and arrests in the past decade. Local lawyers said it’s difficult to quantify arrests from traffic stops because many immigrants don’t seek legal representation to challenge the arrests.

The ACLU doesn't like Area Control or City Patrol, two proven tactics to identify and deport large numbers of illegal aliens.  The ACLU doesn't like immigration enforcement and wants to protect illegal aliens from lawful arrest and deportation.  And the shysters at the OPLA appear to agree: AP and CP are illegal and hurt illegal aliens.

But the story has enough information to show that the stop was completely legal.

ICE relied on a previous DUI conviction stemming from a traffic accident as reason enough to stop Natividad Cruz. A U.S. Department of Homeland Security report said he was stopped because he matched the description of a “criminal alien” being hunted by a Fugitive Operations Team.

Legally, that is enough.  The officer had reasonable suspicion, all that is needed to make a stop under Terry v. Ohio, known as the Terry Stop Doctrine.  Probable cause was not needed, only reasonable suspicion, and physical resemblance to a wanted person is reasonable.

The transcriptionist and the Treason Bar shyster make much that Mexican illegal aliens cannot afford attorneys in deportation proceedings, but don't mention that Mexicans and other Hispanics make up the overwhelming number of illegal aliens in the United States, which is the basis for reasonable suspicion as well.

Mexicans have the lowest rate of legal representation in immigration court: about half. Chinese immigrants have the highest rate, 90 percent, according to the Syracuse study.

And the kritarch at the EOIR appeared to agreed with the fatuous claim the stop was based on race, Hispanic, which is not a race, but an ethnicity, and said he would rule on a motion to dismiss the deportation charges.

Rodriguez Bell argued that the agent stopped Natividad Cruz only because of his ethnicity. The agent also had no authority to make a traffic stop. She filed a motion to suppress all evidence against her client.
On Oct. 30, Judge Thomas W. Janas of Cleveland Immigration Court said he would hear arguments on the motion.
“The immigration officer had no reason other than what he could see — the respondent’s Hispanic appearance — to stop the respondent,” Janas wrote as the basis for his decision. “Race alone does not provide reasonable suspicion for an immigration officer to stop a vehicle.”

Now, this is a classic case of an EOIR "judge" acting out of his place.  Janas' only responsibility is to determine if under any case the stop was legal, and then apply immigration law.  The stop was legal and Janas should not play real judge, it is out of his area of responsibility and competence.  There is a reason they call them Immigration Judges instead of real judges.

But saboteurs at the OPLA, instead of defending the stop based on the facts and the well established Terry Stop Doctrine, dropped the charges.  This is the basest sabotage of immigration enforcement.  Thomas Homan, Acting ICE Director has promised more enforcement, but his OPLA is sabotaging that enforcement that is going on in the field.  Homan needs to bring Tracy Short, Chief Counsel for ICE, into his office for a dressing down.  Is Short on the team for the win?  I think not.  His employees in Cleveland and in San Francisco in particular are not on our team.  They're playing for the other side. 

It is heard on good opinion that OPLA attorneys are required to approve every arrest ICE SVU makes and are actively denying requests for arrests by falsely claiming there is insufficient evidence to arrest illegal aliens.  Time for Thomas Homan to clean up ICE OPLA and send the Resisters home.

More Failure By Jeff Sessions To Reign In Immigration Court Kritarchs

Kritarchs at the Executive Office for Immigration Review (EOIR) have struck again at immigration enforcement.  As part of a concerted campaign against illegal alien gangs like MS-13, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) were identifying illegal aliens, mainly those recently smuggled into the United States during Barack Obama's wave of illegal alien minors that came over the southern border.  However, Jeff Sessions failed, again, to control the DOJ employees at the EOIR and those "judges," using cover of an order to review recent detentions of the MS-13 gangbangers for bond hearings, then ordered the release of the gang members.

This is part of an orchestrated campaign by the radical left to protect MS-13 gangbangers and other criminal aliens.  First, the campaign of calumny against ICE and local police by the fanboys of criminal aliens, like Jose Zarate, killer of Kate Steinle.

When the Trump administration can't find crimes to detain undocumented immigrants, it will invent them. That's exactly what activists fear is occurring in Long Island, NY with Operation Matador, under which Immigration and Customs Enforcement claims to have arrested nearly 350 people for being members of MS-13, or Mara Salvatrucha, a Salvadorean gang whose violence is spreading across America. Advocates believe undocumented residents of Suffolk and Nassau counties are being erroneously arrested for being gang members so they can then be deported. To prove it, a coalition of immigration advocacy groups have filed Freedom of Information Act requests to discover the truth behind the mass deportations.
[ICE Is Falsely Accusing Undocumented New Yorkers Of Being Gang Members In A Plot To Deport Them, by Ilana Novick, Salon, December 4, 2017]

As usual, the Cult Marx leftists lie about Operation Matador.  Those arrested are illegal aliens and don't need any other reason to be deported.  In any event, almost all are already in proceedings for deportation, but were arrested because of their threat to public safety.

Babe Howell, a professor at CUNY School of Law, thinks the arrests are "based on inaccurate information, including information from law enforcement gang databases, which are based on appearances and association rather than on criminal conduct." In fact, she continued, "any conviction for a crime or criminality is not required. There's no notice, or a review, or an ability to appeal, so there's no way of correcting errors in the gang databases."
ICE agents have even admitted the evidence is less than foolproof. Before one early morning raid targeting a 20-year-old suspected gang member earlier this month, Jason Molina, an assistant special agent in charge of the raid told CBS News, "Yes. We have information, we have pictures of him actually flashing gang signs." However, as even CBS pointed out, "gang membership is not a crime, and the agents did not have a criminal warrant." Molina had told reporter Margaret Brennan prior to the raid that he expected the suspect to be heavily armed, but the agents found only "pellet guns or BB guns."

News flash to Novick, you don't need a criminal conviction to be arrested and deported.  And flashing gang signs shows your a gang member, and gang members are a danger. 

And these criminal friendly leftists also don't want the police to arrest MS-13 gangbangers either.

On Monday, lawyers from the Central American Refugee Center, a Long Island immigrant legal services organization commonly known as Carecen, and the Hofstra Law Clinic filed suit against Nassau County in state Supreme Court, saying that the county police department was cooperating with the United States Immigration and Customs Enforcement agency in ways that break state law.
Elise Damas, a lawyer for Carecen, announced the suit at a news conference at Hofstra University.  “Carecen seeks an ironclad assurance that Nassau County will act in accordance with New York State law, and not just with federal immigration policies,” she said. “Nassau County police are tasked with ensuring the safety of all communities countywide, a goal which cannot be achieved until immigrants feel protected.”
[Police on Long Island Are Working Illegally With ICE, Suit Says,  by Liz Robbins, NYT,  November 20, 2017]

By immigrants they mean illegal alien criminals.  Of course, no actual law is cited by Robbins that the local police are violating.  These attacks on law enforcement and the arrest of MS-13 gangbangers was just leading up to getting the gangbangers released from U.S. Immigration and Customs Enforcement (ICE) custody.  And what was needed was for kritarchs at the EOIR to be in on the assault on the professional judgement of law enforcement officials.

At least nine immigrant minors from Long Island targeted for deportation by federal officials based on alleged involvement with MS-13 were released Wednesday, a deadline set by a federal judge in California, their attorneys said.
The minors, who had been detained around the country, were released by immigration judges after hearings held mostly in Manhattan on Tuesday and Wednesday, according to attorneys representing the minors.
Their release came after a class-action lawsuit was filed in August by the American Civil Liberties Union of Northern California in which three teens from Brentwood were listed as primary plaintiffs. The suit named as defendants federal agencies involved in the arrest and detention of the teens and others who, at that time, were being held in secure facilities in that state.
The judge ordered each of the detained minors be given a hearing where the government would show evidence of why they were deemed “a danger to the community.”
[Teens Detained On Alleged Gang Activity Released, Lawyers Say, By Mark Morales and Alison Fox, Newsday, November 29, 2017]

Now, identifying gang members is not a science, but in the case of these illegal aliens, the evidence presented has been sufficient for a law enforcement professional.  And note that the fact that these gang members are not being arrested and convicted of a crime, but for deportation, and that they are deportable is not in question.  All are admitted illegal aliens and already in deportation proceedings.  They have been arrested because of the threat they pose as individuals and as members of MS-13.  The only thing that happened after their arrests was that their deportation hearings was moved up from years down the road, to basically now.

Of course, the claim of the Treason Bar was that there was nothing to see here and to ignore you lying eyes.

Arce said the case against her client was weak. Investigators said he had a notebook with the number 503 written inside, known to be the calling code for El Salvador and adopted as a gang symbol. He had also gotten into a fight at his high school where he suffered a black eye and was spotted talking to known gang members, she said.

That seems enough.  No innocent teenager hangs out with gangbangers and gets in fights.  But what the attorney did not say was that her client was already a deportable alien, not some kid grabbed off the street.  It is most likely that the local police easily identified him as a gang member and wanted help from ICE protecting the community, something that can't be done if gang members are free to roam the streets.

But the real problem was not that some Federal kritarch ordered a bond hearing.  That is not much of an issue.  You can't do much about Article III kritarchs.  Give them the hearing.  A hearing does not mean you get released on bond, it is just an opportunity to make that request.  The real problem was that Attorney General Jefferson Beauregard Sessions III has not been supervising the judges at the EOIR and giving them instructions on how to deal with the issue of gangbanging illegal alien minors.  Immigration Judges are not real judges.  They are subordinate employees of the DOJ and are subject to supervision and reversal of any decisions they make by their superiors.  And Jeff Sessions is deficient in his supervision of the EOIR.  I mistakenly thought that Jeff Sessions was immigration hardliner in the Trump Administration.  I no longer believe that.  Perhaps Kris Kobach should be the next Attorney General.

Sessions needs to instruct his Chief Immigration Judge or the Board of Immigration Appeals (BIA) to set aside the bonds set for the above MS-13 gangbangers and have those IJs called on the carpet for their shear stupidity for granting bond to dangerous criminals.  There is no right to an immigration bond, it is an exercise of executive discretion.  Time for Jeff Sessions to discipline those employees under his supervision for their mistakes.

Thursday, November 30, 2017

Who Runs ICE In Connecticut, Richard Blumenthal Or Donald Trump?

In a series of decisions on immigration enforcement in Connecticut the Trump Administration, or U.S. Immigration and Customs Enforcement (ICE) Enforcement And Removal Operations (ERO) officials who continue to drink the Obama Regime Kool-Aid, have submitted to the demands of Marxist U.S. Senator Richard Blumenthal to release illegal aliens set for imminent deportation.  Beneficiaries of Blumenthal's control of ICE in Connecticut includes many aliens ordered deported and one who openly defied an agreement she made to leave voluntarily and another who fled arrest to remain openly and defiantly in a church; Denada Rondos, Miriam Martinez-Lemus, and Marco Reyes Alvarez.

This correspondent dealt earlier with Rondos, a failed asylum applicant who was allowed to remain under the Obama Regime Administrative Amnesty, was set for deportation, and actually prepared to leave, but was granted a stay by ICE without any order from a court and apparently at the behest of Blumenthal.

Richard Blumenthal, Apparent Director Of ICE In Connecticut

"This temporary relief is very gratifying," U.S. Sen. Richard Blumenthal said. "But, it's only one step and we're going to continue the fight for this family so they can remain together in this country where they have a business and they've contributed to their community."
[Cheshire Mother Of 3 Set To Be Deported Granted A Stay In US, by David McKay, WFSB, November 13, 2017] 

Next Blumenthal stopped the deportation of a defiant illegal alien who initially agreed to return home on her own, then decided she would defy the law while claiming she was obeying the law.

“Miriam Martinez-Lemus is citizen of Guatemala,” said Shawn Neudauer, a spokesman for ICE and the Department of Homeland Security. “A federal immigration judge granted her voluntary departure in 2002, but she failed to leave the U.S. as instructed and that order automatically changed to a final order of removal.
“In a measure of discretion, ICE did not place her in custody, but entered her into an Alternatives to Detention program, and she has been checking in periodically at an ICE office. She was asked to provide proof she intends to leave the U.S., in compliance with the court’s order, which she has done. Should she fail to depart as instructed, she will be listed as an immigration fugitive and arrested when encountered, and then ICE will carry out her removal order...”
“Miriam is going to do what she has done as she came — she is going to be lawful and abide by all conditions [Immigration and Customs Enforcement] places on her,” Formica, said. “We are saying to ICE, you know where she is. You want her, come and take her from her child.”
['I Am Not Hiding' Stamford Mother Says After Stay Of Deportation Denied, by Sandra Gomez-Aceves, Hartford Courant, November 20, 2017]

And Blumenthal was deeply involved, again.

U.S. Sen. Richard Blumenthal said the courts, combined with activism, advocacy and public attention, “were instrumental” in the decision to allow Marinez-Lemus to remain with her family...
“It wasn’t just that these individuals had the law on their side but that they had visibility and public support that prevented ICE from forcing them to go quietly and they had the strength and courage to stand up and speak out and not go quietly and invisibly, as tragically as others might do,” Blumenthal said.
[Stamford Mother Facing Deportation Granted Emergency Stay, by Sandra Gomez-Aceves, Hartford Courant, November 22, 2017]

And Blumenthal's destructive path through the deportation system continued, another defiant illegal alien gains a stay of deportation despite fleeing to a church to hide.

Senator Blumenthal Of Ecuador Who Represents Illegal Aliens

One hundred and five days after he defied a deportation order and took sanctuary in a New Haven church, Marco Reyes Alvarez, an Ecuadorian national who entered the country illegally in 1997, was granted a temporary reprieve that allowed the Meriden father to leave First and Summerfield Church without fear of arrest...
Reyes Alvarez appeared outside the Federal Building in Hartford Wednesday afternoon with his family, O’Neil-Baker and U.S. Sen. Richard Blumenthal, who has advocated for Reyes Alvarez over the past three months.
“I’m pleased and proud to be here with this wonderful family, and that is what is so American about Thanksgiving,” he said. “It celebrates family and fairness and faith, and nothing could epitomize it more than this picture.”
The senator said he’s “very confident ICE and the Department of Homeland Security will abide by their commitment not to arrest Marco,” using the acronym for Immigration and Customs Enforcement...
An ICE spokesman said the agency was deferring to the appellate court as it reviewed Reyes Alvarez’s case, and had temporarily stayed his removal. 
[Meriden Man Who Sought Sanctuary In New Haven Can Return Home, Won't Be Deported, by Mikaela Porter, Hartford Courant, November 22, 2017]

How can it be that President Trump has ceded control of immigration law enforcement to Senator Blumenthal and on behalf of the most defiant and arrogant illegal aliens?  Time for President Trump to instruct James Homan to enforce the laws.

Wednesday, November 29, 2017

Patti Saris Strikes Again

Kritarch Patti Saris thinks she runs immigration policy, right down to how many times someone can have their case reviewed, though she seems confused as to who will do the reviewing of those cases.  At point are a large group of Indonesian Chinese Christians who fled a pogrom in Indonesia directed against the same in the 1990s.  The Chinese generally filed asylum applications after arriving in the United States, and, importantly, not at an American embassy or consulate in Indonesia or nearby.  All were relatively wealthy and had or obtained tourist visas to the United States.  This is important as most "refugees" drop everything to flee their homelands if they are under threat of death.  Tellingly, these asylum applicants were the elite of Indonesian society, as due to their higher average IQ, than the rather dull Indonesians.  87 is the average Indonesian IQ, and note that is including the higher average Chinese, so the locals really are a dull lot.  This is important in that while there was anti-Chinese and anti-Christian violence, the non-Chinese Christians mostly stuck around, though the Chinese used tourist and student visas to come to the United States in a leisurely manner, taking time to either bring or otherwise secure their wealth in Indonesia.  In any event, the persecution was limited in time and duration as the local elite know they need the Chinese to run the economy and to avoid Red China intervening on behalf of their fellow ethnics.

In the United States, these Chinese went through the rather liberal asylum process, but did not manage to fool even the credulous "judges" at the Executive Office for Immigration Review (EOIR), the immigration courts.

 Patti Saris, Will No One Rid Me Of This Meddlesome Kritarch, By Impeachment

Fast forward to the Obama Regime Administrative Amnesty, where despite outstanding deportation orders, these illegal aliens, among millions of others, are allowed to remain, and then given employment authorization as well.  Fortunately, elections have consequences, and the Obama Regime Administrative Amnesty, or parts of it, came to an inglorious end.  And end it was for this particular lot of illegal aliens.  But Kritarch Patti Saris was having none of the immigration laws of the United States.  She thought her's was decider-in-chief on who gets deported.  And all on the flimsy excuse that the aliens need another bite at the apple, despite the clear fact that the Indonesian government had long ago quashed the ethnic riots directed against the market dominant minority of Chinese and the religious motivated violence against Christians.  While there are a couple of provinces in Indonesia that impose Sharia law on Muslims, most non-Muslims are exempt.  As moderates go, Indonesia is about as close as it gets to moderate Muslims.  Mostly because the country would not last long without an outside high IQ elite to run the country.  Before it was the high IQ Dutch, now it's the Chinese.  Remember, an 87 IQ is just about retarded.

Kritarch Saris thought she knew better and has been running a deliberate campaign to prevent the deportation of these Chinese illegal aliens.  And now she has gone full rogue, prohibiting the deportation of all these illegal aliens who already had their day in immigration court.

A federal judge on Monday ordered U.S. immigration officials to delay any efforts to deport 51 Indonesians living illegally in New Hampshire so the group can have time to argue that changing conditions in that country would make it dangerous to return...
Federal law gives authority over immigration matters to the executive branch, not the courts. Chief U.S. District Judge Patti Saris in Boston found she had authority to ensure the Indonesians have a chance to argue that conditions in their home country had deteriorated significantly enough to reopen their cases for trying to stay in the United State.
She worried that without the order, ICE officials could deport some of the Indonesians covered by the suit, at which time they would lose the opportunity to have their cases reopened.
[Judge Orders U.S. To Delay Deporting Indonesians In Immigration Fight, by Scott Malone, Reuters, November 27, 2017]

Saris appears to be making up immigration law and procedure on the fly, as her order appears to not understand either the EOIR process or immigration law.

 “The government shall inform the court whether petitioners, who are not detained, will have access to emergency procedures if they must file their original motions to reopen,” Saris wrote.

This makes no sense in English, much less in the established procedures in the EOIR.   The aliens have no emergency, there are no emergency procedures, and their original motions to reopen were denied for law of legal basis in law or any changed conditions in the country they are being deported to that would avail them of another claim.  Indonesia is more hospitable to Chinese Christians today than the short period in the 90s when there was a problem.  But basically, Saris wants the illegal aliens the opportunity to submit another asylum application, and benefit by the years it will take to adjudicate those claims.  Basically Saris wants these illegals to never leave.  That, of course is not her role.  The only claim they have before a Federal court is if they got the due process that Congress gave those illegal aliens.  And they did, they filed for asylum, had a hearing and appeals, and lost.

With the legislative fight over DACA, the Trump Administration needs to include legislative language including more restrictions on kritarchs who want to make American immigration policy, as well as other reforms to lower legal immigration, build the wall, and deport illegals here.  Or impeachment, or both.

Sunday, November 26, 2017

Now For Some Good News

Your correspondent has been critical, and justly so, of the Trump Administration immigration program.  In the defense of the Administration, much of their problems have been outside their control, though not all.  DACA was major blunder, but sabotage by #DeepState Resisters has also been a major problem. 

But there are some good signs.  Importantly the Trump Administration has illegal aliens living in fear.  Fear is the mind killer, and the illegal aliens and their enablers in the #LyingPress are not happy.  And frightening illegal aliens was something I advised, nothing like a panic to encourage illegal aliens to leave.

In the good news department, illegal aliens are starting to feel the heat and preparing to leave. They're getting the message from the Trump Administration.

The neighbor dials another, who passes it on. It takes less than 15 minutes for everyone in the complex to hear about “la migra,” whereupon they shut their doors and hold their breath. Some show up late to work, and others skip it altogether. The school bus might leave some children behind.
“It’s just us helping each other out,” said Ms. Monteros, 35. “There’s fear every day...”
Freed of constraints, the regional ICE office in Atlanta made nearly 80 percent more arrests in the first half of this year than it did in the same period last year, the largest increase of any field office in the country.
It has had help. Local sheriffs and the police have been working with federal agents to identify and detain immigrants, a model of cooperation that the Trump administration is rapidly trying to expand throughout the country.
Every few hours, an unauthorized immigrant is booked into a county jail on charges as serious as assault and as minor as failing to signal a right turn. Then the jail alerts ICE — contrary to what happens in the so-called sanctuary cities repeatedly denounced by Mr. Trump, where local authorities refuse to turn immigrants over to the federal agency except in cases involving the gravest crimes.
Atlanta’s immigrants can do little but hide. At strip-mall taquerias and fruit stands, business has lagged. Word of the arrests flows through neighborhood phone trees, and Facebook has become an early-warning system for people desperate for clues about where ICE is operating. 
[‘Please, God, Don’t Let Me Get Stopped’: Around Atlanta, No Sanctuary for Immigrants, by Vivian Yee, NYT/MSN, November 24, 2017]

And even in New York, U.S. Immigration and Customs Enforcement Enforcement and Removal Operations (ICE ERO) is putting fear into the hearts of illegal aliens.

And every year, when the parents went to see the authorities at Immigration and Customs Enforcement to renew their stay of removal, they went as a family.
After this year’s meeting, they came home one short.
On Nov. 15, Juan was detained and sent to the Bergen County Jail in New Jersey to await deportation to his native Ecuador in the coming weeks. His wife was allowed to go home, but under supervision and with orders to return this week to prove she has purchased a one-way ticket back to Colombia for mid-January. Their lawyer, Jillian Hopman, was stunned by what she saw as a heartless bureaucracy going after low-hanging fruit rather than the “bad hombres” of legend.
“For a family that does everything together, this is heartbreaking,” Ms. Hopman said. “Juan’s mother’s health has seriously deteriorated, and he is the one who cares for her. His wife has all kinds of medical problems, including complex cysts in her breasts. ICE did not care about any of this. 
[Being Deported From Home for the Holidays, by David Gonzalez, NYT, November 26, 2017]

Yes, you noticed a trend, the NYT is nothing more than shames baby waivers on behalf of illegal aliens, and they are starting to panic.  They see the deportations expanding.  Sadly though, the schizophrenic nature of ICE kicked in there.  Why weren't both parents taken into custody? 

And yet more fear and gnashing of teeth from David Gonzalez from the NYT:

“I don’t think anything coming from the White House can be trusted,” Ms. Alulema said. “Washington is playing with the dreams and lives of so many people. I’ve become cynical and won’t believe anything until I see signed papers. I do not feel safer.”
She goes about her day knowing she has to be ready. The lawyers she has consulted are not optimistic. A trip she had planned to visit her father in Ecuador has been delayed, like many other things in her life. She wonders if it’s time to go back to Ecuador.
“One day, I stopped and thought how my parents were even younger than me when they came here,” she said. “My mother came here not knowing the language or anyone else. She took that risk, so why can’t I take that risk and leave everything? I have these amazing tools my parents gave me, an education. You get tired of living in fear and being limited. I am blessed with my health and education. Why can’t I use it to my fullest potential?”
[Living in Fear in the U.S.: Time to Take Her Education and Leave?, by David Gonzalez, NYT,  March 5, 2017]

Yes, why not?  You nation will welcome you home.  Please leave.

The real question though is can David Gonzalez do any reporting other than agenda journalism?  Obviously not.  But his fear and anger is palpable, as is the fear of the illegal aliens.  And it is time for President Trump to capitalize on that fear.

And it might appear that there are secret orders out to ICE ERO on the issue.  Word has come to your correspondent that ICE ERO and the Border Patrol have restarted interior enforcement, and not just arresting criminal aliens, absconders, and previous deportees, the ostensive subjects of "targeted enforcement" that saboteurs like David Marin keep babbling on about.

In certain areas, ICE ERO and Border Patrol are now doing Area Control (AC) and City Patrol (CP), two techniques from yesteryear where illegal aliens on the street were targeted for identification and arrest.  In some areas, a half a dozen unmarked vans patrol urban areas, suppressing illegal immigration and putting fear into the hearts of illegal aliens.  In other urban areas near the border, Border Patrol Agents are now authorized and assigned to CP away from the border to identify and arrest Mexican illegal aliens and remove them immediately to Mexico.

While this has not reached problem areas like San Francisco, is CP and AC on the way back to the Sanctuary Cities of San Francisco and Los Angeles? One hopes and one encourages Thomas Homan and President Trump to expand CP and AC to those areas defying immigration law.  Operation Wetback, it worked, but keep it on the down low;  first rule of Operation Wetback is don't talk about Operation Wetback.

Saturday, November 25, 2017

Fukoku Kyōhei-Strong Nation, Strong Army

The Derb recently cheered nationalism as expressed in some elections throughout the world, Czechia, Kenya, and Japan where nation loving patriots came out on top.  This is a modern expression of the Tokugawa response to the coming of the black ships, Fukoku Kyōhei, Strong Nation, Strong Army.  But more importantly, Japan remaining Japanese in the modern world.  While commonly translated as Rich Country, Strong Army, the real meaning is a Japan that remains Japanese.  It is the expression of being Japanese in the wider, dangerous, world.

Wiser words were never written about the current situation in Japan.  [Links in the original! Thanks Derb!]

None of that applies in Japan. The Japanese people—including the elites! —like being Japanese. They don’t want to be replaced by foreigners, however much Wall Street Journal editorialists tell them they should.
[John Derbyshire: TASTE THE DIVERSITY! International Elections Support Immigration Patriotism—And In Kenya, Obama’s Tribe Lost, by John Derbyshire, VDare, October 28, 2017]

I was remiss in not writing on the issue in Japan sooner, but thank the Derb for his observations on the recent events in Japan and for his links to your humble correspondent's work on the Japan issue.  I should have written sooner on the recent election as having just returned from a sojourn in the Land of the Rising Sun during the height of the election.

Two things emerged concerning observations made during that stay.  The first being that how little politics matter in Japan.  Japan has no political culture equivalent to the rest of the world, especially the West.  And in comparison to the Third world as well, as when elections happen, no one dies.  The internet in Japanese has few political blogs.  Political blogging about Japan is essentially either by Japanophiles or those like the Wall Street Journal types who want to transform Japan into something not at all Japanese other than some tourist attractions.

During two weeks in Japan, politics is conducted basically in an odd early 20th century manner.  Political posters, almost unknown in the United States, dominate political advertising.  Yet those posters are surprisingly understated.  Most are merely the photograph of the Prime Ministerial candidate or the PM candidate and the local Diet candidate.  Very low key.  The second method of campaigning is the public rally, not staged like American candidates in some large venue, but street-side.  I observed a few in Nagasaki during the campaign, but those were decidedly underwhelming.  There was little or no political advertising on television.  What little appeared on television were stump speeches at the aforementioned rallies on the news.  It appeared that the opposition was hyped by the Japanese networks, including state-run NHK, but not so obviously nation-busting like in the United States.

Most Japanese appeared decidedly uninterested in the campaign.  And this is not a surprise to those with some intimacy with the Land of the Rising Sun.  Politics is generally something the Japanese view as for their betters, for the political class, reflective of the class divisions in a Confucian society, here though with the scholars replaced by warriors.  And the Japanese are this way because they do not fear their political class, the Japanese political class loves Japan.  But in a structural way, the Japanese accept hierarchy and leave their politicians to do their work, while the Japanese fulfil their duty to the Emperor, Japan, and their employer by working hard.  It is symptomatic of Japan's class system: Rulers, Samurai, peasants, and merchants.  Everyone has their position in life; a system of responsibilities and obligations.  The wide class of Japanese, perhaps 98% of the population just don't care that much about politics because Japanese politicians don't cause problems, like massive immigration.  The general response of people I know in Japan is that they don't care about politics, but fulfil their obligation to vote for the LDP for prosperity, continuity, and Japan.

While there the most common answer to my questions about politics, politicians on the television, or about campaign posters or rallies, generally from people I interacted with, mostly of lower middle-class small town countryside dwellers, was either uninterest or surprise at my interest.

The only strong opinions I heard in Japan were directed against the now much despised Renhō Murata, the one-time leader of the opposition Democratic Party and immigrant of sorts.  Her fall from grace, and despite idolatry in the western press, was quick and complete.  And no one in Japan has anything nice to say about her.  The only other issues that get the public exercised are nuclear weapons and the environment, of which, neither issue has the same cache it had 20 years ago.  In fact, the firewall against nuclear weapons is cracking.

Shigeru Ishiba, former secretary-general of the ruling Liberal Democratic Party, said Sunday that Japan should possess the capability to build nuclear weapons.
“Japan should have the technology to build a nuclear weapon if it wants to do so,” the former defense minister said in a speech in Tokyo.
“But I don’t take the position that Japan should have nuclear weapons,” he said.
[Japan Should Be Able To Build Nuclear Weapons: Ex-LDP Secretary-General Ishiba, The Japan Times, November 6, 2017] 

And compare the two Godzilla films, Godzilla Versus The Smog Monster and the latest, Shin-Godzilla. Generally, Godzilla movies were agitprop on various issues, mostly anti-American screeds involving nuclear weapons, and supported by the active measures agents of the KGB to sunder the alliance between Japan and the United States. When that failed, Japanese film makers adopted other issues, such as pollution.  And those films had an impact, but the Japanese government responded and the issues were dealt with.

The former was a lamentation and call to action against pollution, a real problem, resulting in reforms to pollution laws, the later a weak tea critique of the bureaucratic response of the Japanese government to the Tōhoku tsunami and resulting nuclear plant meltdown, but no real national political outcry.  The Japanese are content that they don't need to protect their street festivals from Muslim truck attackersSonno Jo I!

And, as usual, the girly men at the National Review were on the wrong side of history, just as they were on President Donald J. Trump.

Well, dozens of LDP legislators and ministers — including Japan’s prime minister, Shinzo Abe — are members of a radical nationalist organization called Nippon Kaigi, which believes (according to one of its members, Hakubun Shimomura, who until recently was Japan’s education minister) that Japan should abandon a “masochistic view of history” wherein it accepts that it committed crimes during the Second World War. In fact, in Nippon Kaigi’s view, Japan was the wronged party in the war.
[Japan Reverts to Fascism, by Josh Gelenter, NRO, July 16, 2016]

The girlie men think that the Japanese people don't want to remain Japanese.  The girlie men don't realize that being Japanese, conserving and preserving Japan as it is, is what the Japanese people want, just as the Poles don't want to be Islamized by the "freedoms" that the European Union wants to foist on Poland.

The new draft constitution adds a warning that “the people must be conscious of the fact that there are responsibilities and obligations in compensation for freedom and rights.” These “obligations” include the mandate to “uphold the [new] constitution” and “respect the national anthem” quoted above. Also that “the people must comply with the public interest and public order,” and “the people must obey commands from the state” in times of “emergency...”
If the new constitution is approved by two-thirds of each house of the Japanese legislature, its adoption will be voted on in a national referendum requiring a simple majority. Who can say if 51 percent of Japanese voters would vote against their own civil rights? On the one hand, it seems absurd; on the other, they did give the LDP’s coalition a two-thirds majority in both legislative chambers.

Yes, the Japanese people will vote for the new constitution because the Japanese see what is happening to the United States and Europe, overrun by immigrants and hate-filled minorities like Colin Kaepernick who hate the nation and the national anthem.  The neo-con girlie men just don't get it.  The Japanese do get it though.  No Muslims, no immigrants, no thanks, we're Japanese.

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.