Sunday, November 23, 2014

Obama In Prison Or The Scaffold, More Likely Than You Think

It may be, in fact, it is more than a fantasy.  The blogger Ex-Army had a fictional NYT front page about the arrest of Barack Hussein Obama and the rest of the villains in the White House.  To most it was like the Photoshop that the left touted concerning frog marching Karl Rove to prison.


While Rove has been a pernicious influence on the Republic, there is no basis for an arrest other than the Stalinist tendencies of radical left.


However, Congressman Mo Brooks is on to something when he mentioned that beside impeachment, Obama is also facing more serious problems once he leaves office, and he can't pardon himself.

Slate November 19, 2014 by Betsy Woodruff
Congressman: Obama’s Immigration Move Could Prompt Impeachment, Prison Time
Conservatives hate everything about the president’s imminent immigration move, starting with its timing, and one House member is hinting that the executive action could result in impeachment, and maybe even prison time.
President Obama is expected to announce his executive action on immigration—a move which could defer deportations for as many as 5 million undocumented immigrants—on Thursday.
Alabama Rep. Mo Brooks, one of the lower chamber’s most energetic critics of comprehensive immigration reform, suggested that the president’s move could potentially be grounds for impeachment, or even prison time.
Brooks said there is a federal statute (“I don’t have the citation for it at the tip of my tongue”) making it a felony to aid, abet, or entice a foreigner to illegally enter the U.S.
“At some point, you have to evaluate whether the president’s conduct aids or abets, encourages, or entices foreigners to unlawfully cross into the United States of America,” he continued. “That has a five-year in-jail penalty associated with it.”

And the Congressman is correct.  Slate implied that the statute did not exist because Representative Brooks could not cite chapter and verse.  That is one of the perils of commenting on immigration issues, but your humble blogger comes to the patriotic Congressman's assistance.

The statute is Title 8 United States Code (USC) Section 1324, Bringing In and Harboring Certain Aliens.  The relevant subsections are (iii), (iv), and (v).

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
     (I) engages in any conspiracy to commit any of the preceding acts, or
     (II) aids or abets the commission of any of the preceding acts,

But the Congressman is light on the punishment; the maximum time in the federal pen is 5 years for the violation if there is no financial gain,

shall be punished as provided in subparagraph (B)...
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

But, if the violation results in serious bodily injury or the death of a person the penalty is 20 years or death respectively.

(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

So Obama is playing with fire.  And, for the record, so are his minions, including Jeh Johnson, and any subordinate who aids, abets, or assists in the Obama Regime Administrative Amnesty.  And it is inevitable that many Americans will die at the hands of the beneficiaries of the Administrative Amnesty, as many have died to date at the hands of DACA recipients and others, as this blogger has reported in VDare. (The DREAMer Who Killed Two American Children, And The Complicit Bureaucrats Who Should Be Impeached, August 26, 2014)

So, Congressman Brooks and Senator Ted Cruz should make it abundantly clear to Obama, but more importantly to the bureaucracy that personal criminal liability attaches to participating in the Administrative Amnesty.  Fortunately, a Federal Court has already ruled that the DACA policy and the non-enforcement amnesty are illegal, but that the U.S. Immigration and Customs Enforcement (ICE) who filed suit did not have standing because they had suffered no harm, e.g. those employees who refused to participate suffered no sanction from the agency.  Once one DHS employee is disciplined for not violating the law as instructed by Obama or any manager or supervisor, he will have standing, and precedent decision on his side. A united front by the relevant unions, National Citizenship and Immigration Services Council, American Federation of Government Employees (AFGE), which represents U.S. Citizenship and Immigration Services (USCIS) employees and the National ICE Council, AFGE, which represents ICE Enforcement and Removal Operations (ERO) employees, could sabotage the Obama Regime Administrative Amnesty by legal non-feasance, or just plain following the law and the Constitution.

This is the basis of which the bureaucracy can thwart the amnesty and put some fear into the hearts of Obama, Johnson, and other political appointees.  Time for Brooks and Cruz to make it a public issue.


Sunday, November 16, 2014

Mendacity Motivates The War On The Border Patrol

And perhaps just a little stupidity as well.  But one would expect a reporter for a respectable newspaper to do some research on the internet before he writes a series of articles on the U.S. Border Patrol (USBP) and their legal authority to enforce immigration law.  In this case it is Jeremy Schwartz, alleged expert for the Austin American-Statesman on all things border, drugs, and immigration related.  And, of course, Schwartz is a native Bostonian, but not of the Brahmin variety, more of the Tribe, not a Texan. And Schwartz is part of the ongoing war on immigration enforcement, and the Border Patrol in particular.

It appears that an experienced reporter is incapable of getting beyond the name of the USBP, e.g. Border Patrol.  One might expect that someone without a journalism degree and many years in the field in Texas and Mexico would perhaps be confused that USBP Border Patrol Agents (BPA), that is their official title, work beyond the border, well into the interior of the United States, in fact, throughout the United States, and American possessions in the Caribbean Sea, including the Virgin Islands, Florida, and Puerto Rico.

But first, Schwartz' obsession and white whale, USBP arrests away from the border in Texas.

Austin American-Statesman November 1, 2014 by Jeremy Schwartz
Border Patrol’s Inland Authority Has Tangled History
The Border Patrol’s operations in the interior have been a point of conflict since at least the birth of the modern incarnation of the agency a dozen years ago. After 9/11, the newly created Homeland Security Department split enforcement efforts between the Border Patrol and Immigration and Customs Enforcement, or ICE.
Generally, ICE was to conduct interior investigations while the Border Patrol focused on border-related interdiction. In reality, however, the split has led to confusion over roles that not even federal investigators have been able to untangle.

Well, he did get one thing correct, there is an issue between U.S. Immigration and Customs Enforcement (ICE) Special Victims Unit (SVU), more properly known as Homeland Security Investigations (HSI), previously known as ICE Office of Investigations (OI).  There was a Memorandum of Understanding (MOU) signed by an Assistant Secretary on behalf of ICE OI and the Commissioner of Customs and Border Protection (CBP), the parent agency of the USBP, that outlined their shared responsibilities for immigration law enforcement, there was nothing in the MOU that restricted USBP activity, much less authority, which was governed by statute and regulation, legal authority superior to an MOU in any event.

In fact, the MOU with ICE was not much different than the practical separation of law enforcement activity from that under the legacy Immigration and Naturalization Service (INS) where the INS Deputy District Director for Investigations (DDDINV) coordinated the work of his office into worksite enforcement, anti-smuggling, fraud investigations, and general immigration enforcement in the interior and the border with the USBP, especially anti-smuggling efforts, but both shared worksite enforcement and other enforcement activity, throughout the United States.  In general, the lead between the two would depend on staffing levels in a particular USBP Sector and corresponding INS District in the same geographical area.  There was of course much rivalry and precious little cooperation, but the component with the most agents (BPA or Special Agents) would be the lead.

However, what shocks the knowledgeable reader of Schwartz is that what little research he did on either the actual current practice between OI and USBP, the historic practice with the INS, and the law and regulation itself.  A cursory Google search would have revealed important information on USBP legal authority to stop, question, and arrest aliens in the interior of the United States.  But it appears Schwartz has an agenda, a pernicious one.

First, the law itself, and remember its a law passed by Congress, something one would think a reporter without an agenda would consider an important starting point for any article on the authority and practice of the Border Patrol.  Apparently that was lost on Schwartz.

Legal Information Institute
8 U.S. Code § 1357 - Powers of Immigration Officers and Employees
(a) Powers without warrant
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;
(4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, expulsion, or removal of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and
(5) to make arrests—
(A) for any offense against the United States, if the offense is committed in the officer’s or employee’s presence, or
(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.

Very broad authority, and note that it is not restricted to officers of the Service, it includes all employees, down to the lowliest clerk.

And the Service is given broad authority in establishing standards and methods for identifying, investigating, stopping, and arresting illegal aliens.

Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which
(i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used,
(ii) establish standards with respect to enforcement activities of the Service,
(iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.

And the Service, the legacy INS, had broadly written regulations approved by the Attorney General for implementing its authority:

Legal Information Institute
8 Code of Federal Regulations (CFR) 287.5 - Exercise of Power by Immigration Officers
87.5 Exercise of power by immigration officers.
(a) Power and authority to interrogate and administer oaths. Any immigration officer is hereby authorized and designated to exercise anywhere in or outside the United States the power conferred by:
(1) Section 287(a)(1) of the Act to interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain, in the United States, and
(2) Section 287(b) of the Act to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States; or concerning any matter which is material or relevant to the enforcement of the Act and the administration of the immigration and naturalization functions of the Department.
(b) Power and authority to patrol the border. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the power to patrol the border conferred by section 287(a)(3) of the Act:
(1) Border patrol agents, including aircraft pilots;
(2) Special agents;
(3) Immigration inspectors (seaport operations only);
(4) Adjudications officers and deportation officers when in the uniform of an immigration inspector and performing inspections or supervising other immigration inspectors performing inspections (seaport operations only);
(5) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and
(6) Immigration officers who need the authority to patrol the border under section 287(a)(3) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, or the Assistant Secretary for ICE.
(c) Power and authority to arrest—
(1) Arrests of aliens under section 287(a)(2) of the Act for immigration violations. The following immigration officers who have successfully completed basic immigration law enforcement training are hereby authorized and designated to exercise the arrest power conferred by section 287(a)(2) of the Act and in accordance with 8 CFR 287.8(c):
(i) Border patrol agents, including aircraft pilots;
(ii) Special agents;
(iii) Deportation officers;
(iv) Immigration inspectors;
(v) Adjudications officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and
(viii) Immigration officers who need the authority to arrest aliens under section 287(a)(2) of the Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the Commissioner of CBP, the Assistant Secretary for ICE, or the Director of the USCIS.

Note that there are no geographic restrictions on where an immigration violation arrest may be made by Border Patrol Agents.  The only geographic restrictions are on entering private property within 25 miles of the border and warrantless stopping of persons "...within a reasonable distance from any external boundary of the United States..." which courts have ruled is 100 miles for checkpoints and other stops.  Of course, given the 20 million or more illegal aliens in the United States, and the proliferation of international airports in the interior of the United States, any warrantless stop in the interior is objectively reasonable.  But given reasonable suspicion under Terry v. Ohio, only a set of articulable facts relating to alienage are necessary at any unreasonable distance.

Schwartz, though, was not interested in facts, but was obsessing over the border and the Border Patrol.  For him, any arrest appears objectively unreasonable if it is more than 100 miles from the border.

Yet a Statesman investigation shows the Border Patrol has continued its interior operations. Over the last decade, the agency has made over 40,000 apprehensions in the Texas interior, prompting civil rights groups to accuse the agency of racial profiling and unconstitutional stops of U.S. citizens.

What Schwartz does not understand, stopping someone, even detaining them, is legal and constitutional, even if they are innocent of the crime the Border Patrol Agent, or any law enforcement officer, is investigating.  An investigative stop, as described in Terry, is not an arrest, nor is it a violation of the 4th Amendment.  Most people stopped by the police are innocent of the crime suspected by the officers, and those people go on their way after a brief interlude. And despite Schwartz's shock that the Border Patrol "continued" its interior enforcement, interior enforcement by the Border Patrol never ended, and has been ongoing since its inception.

But the real issue is a campaign against interior enforcement of any nature.  To date, ICE SVU has abandoned interior enforcement of immigration laws.  Consequently, Schwartz and his ilk, are waging a campaign against it, and succeeding:

More recently, the debate over the Border Patrol’s own boundaries has reflected the political discussion over how best to enforce immigration policy. In 2012, federal officials proposed deactivating nine Border Patrol interior stations and relocating the agents to the immediate border area. The stations included six in Texas, located as far north as Amarillo, 350 miles from the Mexico border. 
Federal officials cited budget savings, but also said the move was consistent with the agency’s “strategic goal” and that massing resources “at or near the border” would be more effective.
Not effective, but ineffective, but that's the point of the non-enforcement policy:
Even before the effort to close the stations, Border Patrol agents claimed officials were sabotaging their interior work. At the Riverside, Calif., station, about 100 miles from the border, agents last year accused the department of diverting inland agents away from busy highways and bus stations to quieter roadways, causing apprehension numbers to plummet. 
“We need the political will to do interior enforcement,” said Shawn Moran, spokesman for the National Border Patrol Council, the national union representing Border Patrol employees. “Roving patrols definitely have their deterrent effect.”

What angers and confounds Schwartz is that the Border Patrol is arresting illegal aliens far from the border.  But what disappoints Schwartz is that the Border Patrol beside patrolling the border, also had worksite and agricultural worksite enforcement responsibilities far from the border.  In fact, Border Patrol Stations, as USBP offices are known, were located throughout the United States, especially in interior agricultural areas, like Tracy, CA, 400 miles from the Mexican border,  until the Jorge Bush Administration closed many interior Border Patrol Stations as part of its own Administrative Amnesty.

But it is not until Schwartz' next article on the Border Patrol do we find out why Schwartz is so hot and bothered about Border Patrol enforcement activity:

It's Jaime Zaldaña, confessed illegal alien.




Austin American-Statesman November 1, 2014 by Jeremy Schwartz 
Border Patrol Makes Many Arrests Deep In The Heart Of Texas

And he leads with his unstated for the reader goal, ending immigration law enforcement in Texas.

Critics call interior arrests unlawful; agency might be curbing their use.

Neither, of course, is true.  Interior arrests are lawful, authorized by Title 8 United States Code Section 1357.  But the Obama Regime is neutering the Border Patrol by policy.

Jaime Zaldaña was driving to work on Interstate 35 through the San Antonio suburb of Schertz on a winter morning in 2010 when his red pickup passed a U.S. Border Patrol unit on the side of the highway. He was 150 miles from the nearest border crossing, in Eagle Pass.
The agents would later write that Zaldaña and two co-workers “appeared to be startled” and looked “straight ahead,” never acknowledging them — reason enough, they claimed, to pull the truck over. Zaldaña was eventually deported as an undocumented immigrant, but not before the U.S. government paid $25,000 to settle his claim the agents stopped him only because of his ethnicity and race, according to public court documents.

Then, again, he goes to the "border" in Border Patrol issue.

Most Texans probably think of the Border Patrol as doing what the agency’s name suggests: interrupting illegal activity along the line separating the U.S. from Mexico. Yet over the last decade, agents have regularly made arrests deep inside Texas, according to an American-Statesman investigation into the little-known realm of the Border Patrol’s interior enforcement operations.

Sorry, the Border Patrol has been making arrests in the interior for a long time.

Between 2005 and 2013, agents apprehended more than 40,000 subjects at the nine most inland Border Patrol stations representing locations as far as 350 miles from Mexico — an average of more than 10 per day, according to numbers obtained under the Freedom of Information Act.

And Border Patrol interior enforcement long predates 2005, just ask the illegals arrested in Operation Wetback, millions were deported from the interior mostly by Border Patrol Agents working with local police in the 1950s.

But then we get to the real issue, racial profiling, or more accurately, using race as one factor in making a stop:

“You ask yourself: what else do (Border Patrol) agents have to go on besides race?” said San Antonio immigration attorney David Armendáriz, one of the few attorneys nationally to regularly pursue such cases. “What does an immigrant without papers look like? Because your average immigrant without papers looks like your average Hispanic.”

Which looks like the average illegal alien. Of the 11 million official illegal alien population estimate, Mexico, El Salvador, Honduras, Ecuador, and Nicaragua account for approximately 8.5 million of that illegal alien population.

It is not about racial profiling though, it is about allowing illegal aliens to remain for the ongoing Obama Regime Administrative Amnesty, and them voting Democrat in the then upcoming election at the time of the writing of the article as part of the Turn Texas Blue campaign, and the United States after that, through voting by illegal aliens and legal aliens.

The campaign against the Border Patrol is part of the campaign to elect a new people and destroy the historic American nation.

Saturday, November 15, 2014

Naked Officials, Illegal Immigration, And The War On The Historic American Nation

Barack Hussein Obama and Xi Jinping, one an aspiring dictator, the other a confirmed Red tyrant, have, besides coming to an agreement to hobble American industry and allow continued Chinese carbon pollution, have agreed to aid and assist Chinese nationals to enter and live in the United States illegally.

For the uninitiated, a multiple entry non-immigrant visa, usually a B-2 non-immigrant visa, in this case for Chinese nationals, is important to establish a "legal" presence, as a non-immigrant visa entitles one to access to Obamacare, driver's licenses, and an ostensible legal status.  Previously, Chinese came to the United States on single-entry non-immigrant visas, were admitted for the standard 6 months period of admission, then after that period of admission expired, they became illegal, subject to deportation.  However, despite the fact that one cannot live in the United States on a B-2 non-immigrant visa, it is quite frequent for illegal aliens to enter the U.S., stay for 6 months, then leave, and return immediately, then be admitted for another 6 months.  Many illegal aliens do this for years, and given the lack of immigration law enforcement at Ports-of-Entry by Customs and Border Protection (CBP), and do it quite successfully.  This also enables the illegal alien to maintain ties to their mother country by frequently returning there. In all, a looser for the United States and American taxpayers.  It is not just Chinese, but other nationalities who do this, Philippinos especially given that they have had easy access to non-immigrant visas for decades.
LAT November 14, 2014 by E. Scott Reckard 
New Visa Rules Expected To Boost U.S.-China Tourism, Investment 
A policy change that will enable U.S. and Chinese citizens to visit each other's countries repeatedly for a decade — 10 times the length of a current visa — is expected to spur more of the tourism and investments from China that have mushroomed in recent years.
The change, announced by President Obama in a visit to China this week, means that Chinese tourists and business executives now holding one-year passes to enter and leave the U.S. can get multi-visit visas for as long as their passports are valid, up to 10 years.
Students from China are seeing their visas extended from one year to a maximum of five years.

The rationalization is of course filthy lucre, rope selling, and lobbying by Overseas Chinese, loyal to their race, not their country of citizenship:

Obama, who plans to overhaul the U.S. immigration system this year by executive order, extended the visas in response to requests from American business leaders who have been trying to open trade channels between the two countries. 
The policy was applauded by airlines and tourism officials, who said it would lead to greater spending by Chinese travelers and businesses. In particular, Chinese business owners looking to buy Southern California homes probably will step up their already robust purchases, experts said. 
"They are so excited for this," said San Gabriel Valley mortgage banker William Chen. "They feel the American door is open."

Open, for illegal immigration, and as a refuge for corrupt Chinese bureaucrats, naked officials, as they are known in the Middle Kingdom. It will also benefit Chinese spies.  But it will also act as part of Obama's and Xi's nation busting campaign to destroy they historic American nation.  There is no need for a tourist to buy a house.  This blogger has been overseas many times, but never purchased a second home.  However, purchasing homes is what illegal aliens do to assist in birth tourism and illegal residence.

Given the cost of homes in southern California, it is only the most corrupt, venial, and America hating Chinese who will be winning with expanded access to the United States, as even the Chinese government agrees:

The Diplomat October 22, 2014 by Yang Hengjun 
‘Fox Hunt 2014’: China’s Overseas Campaign Against Corrupt Officials
China has found it very difficult to repatriate corrupt officials who have fled abroad... 
The authorities do place great importance on this “fox hunt,” but they’ve run into a lot of problems. The biggest difficulty for an overseas “fox hunt” is that Chinese and foreign judicial systems are different. Currently, only a few dozen countries have a judicial extradition agreement with China. The Western countries that corrupt officials like the most are not included in that number. For example, noted fugitive Lai Changxing was returned to China from Canada only after much difficultly. His case required the personal involvement of China’s top leaders and several Politburo meetings. After being brought back, Lai still complains bitterly from his prison cell in Fujian. He complains that Canada sold him out, and that China didn’t keep a secretly-made promise that he would be released from prison for “medical reasons.”

The question is, the United States has enough problems now with corrupt, venial, and dangerous Chinese immigrants, like Leland Yee and Raymond "Shrimpboy" Chow.  Visa boosterism for the Chinese is only part of the plan to open the borders and replace the historic American nation with illegal aliens from China using tourist visas.




War On The Border Patrol Continues: Latest Up On VDare

My latest on VDare:

POLITICO’S Garret Graff Smears The Border Patrol–In An Attack On ALL Immigration Enforcement

As immigration anarchy continues along our Southern border, American journalists are accelerating their attack on those attempting to prevent this savagery from overwhelming what remains of our country. The latest salvo comes from Garrett Graff [email him], in a POLITICO article designed to prevent Border Patrol agents from defending themselves from increasingly frequent attacks. In the upside down world of the Main Stream Media, it’s the illegal immigrants who are under attack and the Border Patrol agents who need to be stopped.

Contribute to VDare here.

Sunday, November 9, 2014

How To Stop The Obama Regime Administrative Amnesty

The election results are in and the Republicans have a solid majority.  The election was decided on the immigration issue, but Barack Hussein Obama is having none of it.  An expansion of the Administrative Amnesty appears to be coming sooner rather than later, before the next Congress is sworn in.

Breitbart November 6, 2014 by Rich Tucker 
Obama Aide: We'll Act On Immigration By New Year
Ahead of that session, leading Obama aide Dan Pfeiffer went on CNN with a blunt warning: the president intends to change immigration policy by executive order unless Congress -- including many members who’ve just been voted out of office -- passes a reform bill during the upcoming lame duck session.
“If the Congress does not consider comprehensive immigration reform in the coming weeks, before the end of this year, the president will sign an executive order changing the rules?” Wolf Blitzer asked.
Pfeiffer answered: “He will use, by the end of the year, what options are legally available to him to try to fix our broken immigration system.” Pfeiffer made it clear that means amnesty. “The families who will be affected by this cannot wait on the hope that Congress will do it,” Pfeiffer added.

So, how can Republicans stop the upcoming amnesty for 5 million or more illegal aliens?  There is a strategy.  However, impeachment, though viable, will not solve the problem.  First, for the record, the Republicans have the votes for impeachment, as the House votes to impeach, while the trial is held in the Senate.  Obviously, few Democrats will vote for conviction.  The nation stands divided along partisan lines with little leeway for any rolling of any Democrats to the patriotic cause. Obama can be impeached, but conviction is unlikely.

However, there is a strategy that will work to stop and roll-back the planned and ongoing Administrative Amnesty.  There is a choke point in the overt part of the Administrative Amnesty. The overt part of the Administrative Amnesty is the application and processing of the Employment Authorization Document (EAD) and Social Security Number (SSN) for those illegal aliens who benefited from the Deferred Action For Childhood Arrivals (DACA) amnesty. The EAD is issued by U.S. Citizenship and Immigration Services (USCIS), with which one can obtain a SSN.  This is the basis for legal employment, driver's licenses, and welfare benefits. 

DACA, the overt part of the ongoing Administrative Amnesty differs from the covert Administrative Amnesty in that it requires the Federal government to take action rather than not take action.  The vulnerability is that it takes the spending of funds to take action, while not doing something does not involve spending money.

Herein lies the key to both rolling back DACA and stopping the expansion of the Administrative Amnesty.  The agency that is administering, for the most part, DACA, and, importantly, the issuance of the EADs, is USCIS, which is bound by its authorized budget.  It cannot spend money that is not appropriated to it, even monies it collects as fees.  Unappropriated spending is prohibited by the Anti-Deficiency Act. No appropriation, no spending, very simple.

Now, Mitch McConnell has unwisely stated that there will be no government-wide shutdowns, peremptorily surrendering considerable power to Obama.  But given the media's attacks on Republicans, perhaps that issue was a looser given the bad public relations, though there was no impact on the average American.  However, McConnell has not promised no targeted shutdowns. 

This leaves an opening that Republicans can use to drive a stake through the heart of the Obama Regime Administrative Amnesty.

The senario can run like this:  The Republican majority decides to send agency specific spending bills to the President, not omnibus spending bills for the upcoming date at which the current temporary omnibus spending bill expires in January 2015.  While other non-controversial spending can be dealt with using individual bills for a particular Cabinet agency, Department of Defense, Department of Treasury, etc., the spending bills for the Department of Homeland Security (DHS) will be broken up into individual component spending bills for each major agency in DHS: U.S. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and USCIS.  

For each riders will be attached that restrict and repeal DACA and other aspects of the Administrative Amnesty.  For ICE and CBP, riders should do two things: 1) Prohibit ICE and CBP from ignoring immigration violators, in effect a non-feasance clause. And 2) prohibit the parole or admission of a DACA recipient or other illegal alien.

However, since it is USCIS that accepts and adjudicates applications for DACA, and will be that agency that accepts and adjudicates the applications for EADs for the expansion of the Administrative Amnesty, it would be prohibited from spending any money to administer in any way DACA or any other application by any illegal alien in the expansion of the Administrative Amnesty.

Obama will than have two choices, sign the spending bills or veto the bills.  Immigration patriots win either way.  If he vetoes spending bills,  ICE and CBP law enforcement remain on the job anyway, because they are exempt from shutdown, classified as essential government employees, just as the military is.  However, if he vetoes the USCIS spending bill, USCIS for the most part shuts down, unable to spend money on routine adjudications, as they are not essential government employees exempt from an agency specific shutdown.  The impact on Americans is almost nil.  There will be sob stories in the Democrat controlled media about people not getting green cards, but the impact will be limited.

In any event, it will be politically difficult for Obama to veto border security spending for ICE and CBP, so he will be a loser on that issue.

And, if he signs the spending bills, then DACA and other overt aspects of the Administrative Amnesty are finished.  

Obama can order employees at USCIS to ignore the spending restrictions, but that is unlikely, but if he does, there will be open revolt by USCIS employees, who would face termination and criminal prosecution if they violated the Anti-Deficiency Act, and they can also safely ignore any unlawful orders, as civil service protections will prohibit their punishment or termination for such refusal.

And any order from Obama to ignore the law will increase the chances of impeachment and, more importantly, conviction in the Senate, but more importantly, be indefensible politically.

So, there is a strategy for John Boehner and Mitch McConnell to follow. The only question is will they.

Sunday, November 2, 2014

Obama Regime Making Prison As Fun As Possible For The Few Detained

Petting zoos, fish ponds, and guitar lessons, all rewarding illegal alien families and juveniles with fun for illegally crossing the border.  The underlying purpose is to encourage illegal aliens to fight their deportation even when held in custody.  Of course, those who aren't in custody don't show up for their deportation hearing.

WashTimes October 31, 2014 by Stephen Dinan
Feds Pay For Guitar Lessons, Petting Zoo Trips For IllegalImmigrant Children
One of the contractors housing some of the surge of illegal immigrant children from this summer offers them a petting zoo with miniature ponies, a tilapia fish farm operation and guitar lessons, according to documents released Thursday by a senator who questioned whether the plush accommodations were a good use of taxpayers’ money.
Sen. Charles E. Grassley, Iowa Republican, said it seemed excessive to pay the $329 that Southwest Key Programs, the contractor, charged per child per day at one of its California facilities in Lemon Grove, California. Another facility in El Cajon cost taxpayers $316 per child per day.
“It is disturbing that HHS is funding such expensive facilities despite claiming to be unable to meet basic needs for UACs,” Mr. Grassley said in a letter to Health and Human Services Secretary Sylvia Mathews Burwell, using the acronym for Unaccompanied Alien Children, which is the term the government has given to the illegal immigrant youths who jump the border without their parents.

And HHS had no comment:

An HHS spokesman didn’t return a message seeking comment.

And this is not a glitch, but purpose of the Obama Regime's detention policy which is do not detain illegal aliens, and those few who are detained, make life in detention as comfortable as possible so they continue to fight their removal.

Here is the first part of the strategy in action:

Breitbart October 31, 2014 by Caroline May
Exclusive–Immigration Crisis: 94% Of Border Crossers Skip Court Hearings Over 11-Week Period
Thousands of family units that recently entered the United States illegally failed to appear before immigration judges between July 18 and October 7 of this year.
Documents from the Executive Office of Immigration Review provided to the House Judiciary Committee this week and exclusively obtained by Breitbart News offer a brief snapshot into the failure of certain undocumented immigrants who've been released into the United States to appear in immigration court. 
According to the EOIR documents, in that two-and-a-half month period from mid-July to early October, immigration judges across the country rendered 3,885 decisions on removal cases dealing with “aliens” in family units. Of those decisions, 94 percent (3,661) were made “in absentia,” or the alien’s failure to appear resulted in an order of removal. 
The document also showed that 9,874 cases were still pending over those months. 

The long game for the Regime here is the election of a new people.

Even the Club Fed above though is too much for the left.  They want to end all detention of illegal alien families so they can fail to appear for deportation hearings.

HuffPo October 30, 2014 by Katharina Obser
Locking Up Family Values, Again: The Detention of Immigrant Families
There is no humane way to detain families.  [Yes, there is, see above. Ed.]
Let me give you an example of why: a young mother, Rosa, fled Central America this July after gangs violently threatened the family with kidnapping, the destruction of their home and death. Rosa and her seven-year old daughter, Ana, were detained at the Artesia Family Detention Facility shortly after entering the United States and are seeking asylum. Traumatized by conditions in her home country and the added stress of confinement, Ana was unable to keep down any food.
Her weight loss became so extreme that facility medical staff told Rosa that if she did not force Ana to eat and gain weight, the facility would force feed her daughter through a catheter. Out of despair, Rosa asked for bottles with milk to be provided instead. With no other choice, Rosa held her seven-year-old daughter in her arms like a baby at meal times to feed her by bottle.
Rosa and Ana's story is one of many that illustrate the devastating damage done by the detention of immigrant families. It's an egregious practice that, only five years ago, the Obama Administration largely ended. However, as documented in the report released today by Women's Refugee Commission and Lutheran and Immigration Refugee Service, Locking Up Family Values, Again, this summer the Administration has decided to resurrect and dramatically expand this costly and inhumane practice.

Interesting, the Regime's amnesty is confirmed by the radical left.

In 2009, the Obama Administration closed what then was the United States' largest family immigration detention facility, the T. Don Hutto facility in Texas, after years of controversy, media exposure and a lawsuit. For five years, the only families detained were held at a small shelter in Pennsylvania that, despite some flaws, generally held families awaiting an initial protection screening for relatively short periods. This summer, with the recent increase in the number of mothers and children fleeing violence and persecution in Central America, the Administration turned to a rapid and massive expansion of family detention of these asylum seekers. Seeking to "stem the flow" by sending a clear message of deterrence through expedited detention and removal, our new family detention facilities - and the policies opposing any release or bond that have come with them - ignore our obligations under international and U.S. laws and impose enormous moral and fiscal costs our country.

Sorry, there are no laws that prohibit the detention of women or children, whether U.S. laws or international law, which is, of course, unenforceable in the United States anyway.

And note the lies about detention policy:

These detained families are largely asylum seekers. At one facility in September 2014, 98% of the women and children detained there had expressed a fear of return. More than half of the children in family detention are six years old or younger. Normally mothers and toddlers seeking protection and posing no flight or security risks would merit strong consideration for release, including on bond or alternatives to detention. Instead, these women and children are denied release, and when they find themselves before an immigration judge to request a bond, government attorneys spend hours arguing that they pose a national security risk to the United States. Many are denied any bond at all, and many more are granted bonds so high, such as $15,000 or $30,000, that they cannot afford their release.

Sorry, attorneys for the ICE Office of the Principle Legal Advisor do not argue these pathetic wretches are a threat to national security, but that they will fail to appear for their hearing, as they have failed to appear.  Also note that the monies cited are not the amount aliens pay for their bond, that is the amount the bail bond agency pledges.  Actual payments to the bond agency is typically a few hundred dollars or a surety from a relative.  More importantly, ICE does not collect on most failures to appear and most illegals get a $2,000 bond or are released on their own recognizance.

This writer warned about this particular amnesty when the Hutto facility was closed on this blog back in 2009.  The writing for the Obama Regime Administrative Amnesty was already on the wall by 2009. Readers will remember this and stay tuned to this blog and VDare.  

Another Illegal Alien Motorcycle Gangbanger

Another apparently alien motorcycle gang leader has been undone by his penchant for videoing his criminal exploits.  This activity is quite the attraction for aliens, legal or illegal.

LA Times October 30, 2014
A motorcyclist may have turned out to be the best eyewitness in the case of a group of riders caught on videotape shooing and taunting a California Highway Patrol officer in the Bay Area.
Unfortunately for the camera-wielding motorcyclist, he was also one of the principal taunters, police said. 
CHP investigators on Thursday announced that they arrested Guruardas Singh Khalsa after receiving tips and tracking some of the videos he had posted online on his personal accounts, Officer Ross Lee told The Times...

The officer tried to stop the riders in the pack, but they ignored him and eventually shooed him away. The video shows the riders celebrating after the officer rides for safety.
Authorities say they are still looking for the other riders and plan to continue their investigation into the video.
It appears that the illegal alien contempt for Federal law enforcement is rubbing off on other agencies. We don't know if Khalsa is illegal but he certainly is or was an alien.

More surprising though is the failure of the CHP motor officer to cowboy up.  20 years ago, no self-respecting motor officer, as they are the elite of the CHP, would have backed down to a motorcycle gang.  But then 20 years ago every CHP in the Golden Gate Division would have responded to his radio call for back up and every single one of those motorcycle thugs would have been treated like a king, Rodney King.  40 years ago those thugs would have been praying they were treated like Rodney King.

How the CHP has fallen, like Rodney Dangerfield, they get no respect anymore.  Once they were respected and feared by the criminal class.  An old retired Los Angeles County Sheriff's deputy once told me the story of a fight he was losing with a drunk driver he had stopped back in the late 60s. Suddenly out of no where two CHiPs showed up, beat the drunk driver to within an inch of his life, then drove off while the deputy was recovering from the fight he had been losing.  He never found out who those CHiPs were, but in those days contempt of cop was a serious crime that was dealt with unofficially but severely, now they call it the Broken Windows Theory, back then it was keeping the scum in line, the Chicago Way.


There was no shooing of the CHP in the good old days.  Just as there was shushing in Kaos.