Monday, November 28, 2016

There Are Problems With Deporting Illegal Aliens

But the solution is easy.  The radical left and the Treason Bar are quite correctly pointing out that President Donald J. Trump will have issues to deal with that will obstruct deporting the 30 million illegal aliens in the United States.  The problem is enormous, but not insurmountable.  However, Congress is needed.  President Trump will need to hold cuckservative Paul Ryan's feet to the fire and likely force the other cuckservative Mitch McConnell to end the filibuster.

Before they can be deported to their home country, immigrants have the right to a hearing before an immigration judge. But the nation's immigration courts are already overburdened.
That has led to a huge backlog of 521,676 cases waiting nearly two years on average to be heard, according to the Transactional Records Access Clearinghouse at Syracuse University. Cases take an average of 675 days to complete, with some states like Colorado averaging more than 1,000 days per case.
The only way to speed up those cases is to hire more immigration judges. There are currently 273, according to the Justice Department. Congress has approved funding to increase the number to 374, and Trump could ask Congress to hire even more.
[How Trump Can Ramp Up Deportations, Alan Gomez, USA Today, November 18, 2016]

The fly in the ointment is the Executive Office for Immigration Review (EOIR), the cadre of ambitious kritarchs that want to make their own immigration policy.  Now, strong leadership given to immigration judges can make them part of the solution, and I think that Attorney General-Designate Jefferson Beauregard Sessions, III, can give the potential kritarchs the discipline they so desperately need.  But the left is correct, even with strong leadership, the backlog at the EOIR is too large to effectively deal with the huge illegal alien population.

What is needed is an expansion of Expedited Removal, a speedy deportation process for illegal aliens in the U.S. two years or less and criminal aliens.  President Trump needs to go to Congress to expand Expedited Removal to all illegal aliens and all aliens in the United States with non-immigrant visas who are removable.  The only aliens who should have a right to a hearing before an immigration judge are those admitted for lawful permanent residency (LPRs) not convicted of a crime and those admitted as a refugee or asylee, but not those applying for asylum in the United States.

However, any expansion of Expedited Removal requires legislation from cuckservatives such as Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.  

There is action by the Department of Homeland Security under President Trump that can get the process of deportation started, such as use of Expedited Removal for the 3 million or so criminal aliens and those illegals here who have entered less than two years ago, increased use of worksite enforcement, and expanded detention of illegal aliens in removal proceedings.  But those actions are limited in effect, even with the collateral self-deportations that will accompany public and vigorous enforcement of immigration laws.  

Expanding Expedited Removal is absolutely necessary to get at the large number of illegal aliens in the United States for more than two years.  Trump will have to bring pressure on Ryan and McConnell.  

Saturday, November 26, 2016

Treason Bar Planning Civil War

In a shocking editorial, the house organ for the Treason Bar, ILW.com, has stated that violent resistance to the lawful deportation of illegal aliens is planned by traitors and secessionists in California and New York, as well as mayors in major cities such as New York City, San Francisco, Chicago, and Los Angeles.

President-elect Trump has promised a major attack on the undocumented population. He has promised deportation of 2-3 million people. We do not think that such an operation is possible without resorting to military style tactics complete with machine guns in the midst of our cities. To do such massive and intrusive operations in a community is not possible without the support of the communities in which such operations are carried out. In America, such actions would be effectively stopped by actions of states like California and New York, whose governors commanding their National guards can take forceful actions. Mayors of cities of New York, Chicago, San Francisco and Los Angeles will do their utmost to resist such attacks on their communities.
[November 17 - Assault On Employers, Immigration Daily, Editors, ILW.com]

This should come as no surprise, as the traitors and communists who make up the Treason Bar hate America to the core, and they proclaim it openly in the same editorial.

The immigration policy of Trump supported by voters in rural and economically dying areas cannot be imposed upon the urban and thriving areas against the will of those communities...
We can expect the key positions affecting immigration -- Attorney General, Secretary of DHS and Heads of USCIS, ICE and CBP -- to be filled with those steeped in anti-immigration ideology or outright racism--veiled or otherwise. 

The editors at ILW are not the first to express their violent exterminationist communist ideology of nation breaking directed at the historic American people, the only surprise is that ILW did not publish any Trump assassination porn, as Jack Dorsey at Twitter allowed with his hashtag #AssassinateTrump.

The most revealing thing about this editorial calling for rebellion, secession, and civil war, is that the ILW editors are under the delusion that the New York National Guard and the California National Guard will follow the orders of Governor Andrew Cuomo, himself soon to be arrested for corruption, and Governor Jerry Brown.  The California National Guard has almost no members from the blue counties of California, almost all are from the rural and suburban red counties of the Central Valley and Sierra Nevada mountains, the rural Americans ILW so hates, so any orders from Jerry Brown to attack and murder Federal law enforcement officers at U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), ICE Enforcement and Removal Operations, U.S. Customs and Border Protection Office of Field Operations, the U.S. Border Patrol, and Office of Air and Marine Operations, will instead be violently resisted by the soldiers in the California National Guard, as they would be required to do by their Oath of Office. Any such orders from Jerry Brown would be illegal and unconstitutional, and would require the officers and enlisted ranks to immediately take action against Governors Brown and Cuomo, including the use of any reasonable force, including deadly force, to take them into custody for treason, sedition, and rebellion.  As for New York, few from the blue counties are in the National Guard, again it is patriotic rural and suburban Americans who join the Guard, and I expect the New York National Guardsmen to uphold their oath as well, and with enthusiasm.

This editorial from the Treason Bar is very revealing though.  It confirms that the Democrat Party is a treasonous criminal organization and its members are engaged in a seditious criminal conspiracy against the Constitution.

It also reveals the Stalinist nature of the Democrat Party.  This is no faculty Marxism, but hard core Communism, with violence at its core, no surprise since the Communist Party USA endorsed not only Barack Hussein Obama, but also Hillary Rodham Clinton for the presidency.  The Treason Bar, the Democrats, and the Communist Party are unified on the issue of waging war on America in the name of protecting illegal aliens.  They have the same goal, violently and bloodily replacing the American people.

President-Elect Trump and Attorney General-Designate Jefferson Beauregard Sessions, III, must act expeditiously when they enter upon office.  This call to violence and sedition from the Treason Bar is only the tip of the iceberg.  This demand for planned and organized violent resistance by State governors is symptomatic of the attitude of the Democrat Party and its leadership, of which the Treason Bar is a major monetary contributor.  If nothing, the Democrats dance to the tune that is called by who is paying the piper.  It is without a doubt that this call to violence was cleared at the highest levels of the Democrat Party, perhaps even with the approval of Governors Brown and Cuomo, especially since Cuomo needs something to distract from the corruption surrounding him. What better than to murder a few Federal agents in the name of fighting racism?  Certainly the Clinton News Network and MSNBC will be all in to support this New York and California War on Racists.

The violent riots after the Trump win was only a start. Things are about to get very violent.  Trump and Sessions must act with dispatch and ruthless coercion to root out treason, sedition, and rebellion.

As an amusing aside, what are these effete lawyers thinking that they can run a military campaign? Did they think the beta hipsters, trannies, and homosexuals from Silicon Valley and San Francisco are up for a fight, much less know how to fire a gun?  The only good thing about this attempt at rebellion is that a new General Sherman, perhaps General James "Mad Dog" Mattis, can march through coastal California, burning Santa Cruz, Palo Alto, and San Francisco to the ground.  Now that would be a thing to see, the Calexit pansies faced with real men with real guns and running like little girls before the Alpha Male.

Arrest Candy Marshall and Her Co-Conspirators

It is not only university presidents, Democrat politicians, and California bureaucrats, that means you David Oxtoby, Jerry Brown and Meng So, among others, that can be arrested for violations of Title 8 United States Code, Section 1324, Bringing In and Harboring Illegal Aliens.  While Section 1324 is commonly used against coyotes and scofflaw employers of illegal aliens, it can and should be used against others who aid and assist illegal aliens to remain in the United States who have not commonly been prosecuted.

In the guidance for United States Attorneys and their staff, the Assistant United States Attorneys, the cadre of U.S. Department of Justice employees that prosecute most criminal acts in the Federal court system, the U.S. Attorneys' Manual  states clearly that one of the most important considerations for prosecution of a particular case is whether that prosecution will deter future criminal activity by the defendant and others in the future.

Although these principles deal with the specific situations indicated, they should be read in the broader context of the basic responsibilities of Federal attorneys: making certain that the general purposes of the criminal law—assurance of warranted punishment, deterrence of further criminal conduct, protection of the public from dangerous offenders, and rehabilitation of offenders—are adequately met, while making certain also that the rights of individuals are scrupulously protected.

And deterrent effect is what President Donald J. Trump, Attorney General-Designate Jefferson Beauregard Sessions, III, and hopefully DHS Secretary-Designate Kris Kobach, need to use in their first 100 days of the battle to end illegal immigration.

Fortunately, the scofflaws who aid and abet illegal immigration are quite public about their criminal activity.  Their strategy is to make their crimes public and hope that they can intimidate The Donald. They are not without foundation in their belief.  In the past, the criminals who aid illegal immigration have escaped prosecution under both Republican and Democrat administrations.

Public defiance of the immigration laws presents serious risks for the perpetrators.  Even now many who publicly advocate defiance of Federal law, quietly hedge their defiance with references to court orders and legal processes. Michael Roth, President of Wesleyan University is an example of that; he ostentatiously declared Wesleyan a sanctuary, then backtracked saying that .

Wesleyan’s Mr. Roth said that by “sanctuary,” he means “a lack of cooperation until compelled to cooperate by law, and then you use the courts. We’ll do our best to protect our students.”

However, some are not so careful about running afoul of the law, for example Candy Marshall, President, TheDream.US, a criminal organization that assists illegal aliens to remain in the United States by providing money to those illegal aliens to attend post-secondary educational institutions.


Scofflaw Candy Marshall

From their website:

If You’re A Dreamer, We Can Help You Get The Education You Deserve.
We believe nothing should stand in your way of a college education—not the cost, your immigrant status, or the lack of financial aid.  Our scholarships can help you pay for your college education.

Any Assistant U.S. Attorney assigned to prosecute Candy Marshall and her co-conspirators would be estatic over that statement on  TheDream.US website. It is a very public admission to the criminal purpose of the organization and by implication its corporate leadership.

Even better, Gaby Pacheco, Director, Scholar Programs And Advocacy, for TheDream.US, went even further to establish the criminal nature of TheDream.US and the goals of the conspiracy:

ARLINGTON, Va.— TheDream.US announced today the opening of applications for two scholarship programs available for DREAMers in need of financial assistance for college. In the wake of the presidential election of Donald Trump, the organization asserted that undocumented immigrant youth and their families need support more than ever before.
“We remain steadfast in our belief that nothing should stand in the way of a DREAMer getting a college education—not the cost, immigration status or the lack of financial aid,” said Candy Marshall, president of TheDream.US.
The scholarships help young immigrants attend both four-year colleges and two-year community colleges. In addition, they open opportunities for those whose home states bar them from attending state schools by charging out-of-state tuition or refusing to admit them to top universities...
While the DACA program may be at risk under Trump’s administration, TheDREAM.US is moving forward with its programs and hopes to award at least 1,000 scholarships to DREAMers with DACA in spring 2017...
Since launching in 2014, TheDream.US has provided scholarships to over 1,700 students.
[Despite Election Results, Thedream.Us Offers Scholarships For College-Bound Dreamers, by Gaby Pacheco, Press Release, TheDream.US, November 15, 2016]


Criminal And Illegal Alien Maria Gabriela Gaby Pacheco, Known As The Rat

In the law enforcement business, that is what is known as a confession to past criminal activity, and, quite arrogantly, an admission that further criminal activity is planned.

Even better for a criminal prosecution, TheDream.US is quite open about who is providing the financial backing to this criminal activity, a who's who of the criminal conspiracy known as the Democrat Party:

TheDream.US has received funding from a variety of donors who share the belief that DREAMers deserve the opportunity to get a college education, including former Washington Post chairman Donald Graham and investigative journalist Amanda Bennett (both co-founders), the Bill & Melinda Gates Foundation, the Pershing Square Foundation, Bloomberg Philanthropies, Mark Zuckerberg and Priscilla Chan, and Pierre and Pam Omidyar and others.


In most criminal cases, the perpetrators want to conceal their criminal activity.  Not in this case, and such public defiance of Federal criminal law calls out for a courageous Attorney General to prosecute those openly contemptuous of the law.  Such flagrant disregard for the law calls out for a prosecution to deter others from such criminal acts.

And conveniently, the criminals are all rabid opponents of President Trump, so there is no call for discretion.  Prosecution will not only help discourage illegal immigration and aiding illegal aliens, it will also break up the mega-rich foundations of the opposition to President Trump and the historic American nation.


Prototypical Yuppie Criminal Bill Gates


Badly Dressed Criminal Mark Zuckerberg

Time to make an example of these nation breakers and put down the criminal conspiracy known as the Democrat Party.  By criminally charging Marshall, Pacheco, Gates, and Zuckerberg, an example, for deterrent effect, can be made of these prominent criminals that would discourage not only future illegal aliens, but criminal conspiracies to assist illegal aliens.  And nothing would do that better than a perp walk for two of the richest men in the nation.  Further it would show that no one is above the law, something President-Elect Trump has promised to do.

As an aside, the Bill and Melinda Gates Foundation is also civilly, as well as criminally liable in this conspiracy, and since it is a regulated charitable organization, it can be disbanded by the Internal Revenue Service (IRS) and all its assets seized for engaging in activities prohibited to charities. Those monies then revert to the general fund held by the Treasury Department, and can then be used to build the wall with Mexico. The only thing better than forcing Mexico to pay for the wall is using Bill Gates' billions for the wall, and perhaps a yyyuuge "deportation force" as well.

Politically, while it would raise a storm, there is no downside for President Trump.  Americans know that the swamp must be drained and that too many in this country are not held to account for their criminal activity.  It would be fitting bookend to the prosecution of Hillary Rodham Clinton.

I say to President-Elect Trump, Si Tu Puede! Yes, you can!

Friday, November 25, 2016

Japan Solves The Refugee Problem

And the anchor baby problem, Japan just says no to both refugees and birthright citizenship.  The Japanese know that once you start allowing either refugees or anchor babies, an incentive is created for illegal immigration.  Japan has taken the tough steps in both cases, it denies asylum to illegal aliens and does not allow their children to obtain Japanese citizenship.

While there were almost 14,000 asylum cases under review at the end of 2015, Japan accepted only 27 refugees last year. The year before that, just 11.
[Japan Leaves Unapproved Asylum Seekers And Kids Born In-Country With Dire Choices, By Minami Funakoshi, Ami Miyazaki And Thomas Wilson, Japan Times, November 24, 2016]

Furthermore, birth in Japan does not convey citizenship on the children of illegal aliens or asylum applicants.

“Since I was born I’ve only ever interacted with Japanese people,” said Gursewak, who is now 17, speaks with native fluency and considers himself Japanese. “I don’t get why Japan won’t accept me.”
The immigration authorities are unmoved. The fact that these children were born in Japan, or arrived at a young age, doesn’t afford them any special status, officials say. “They are under deportation orders, so they are illegal,” said Naoaki Torisu, a Justice Ministry official overseeing immigration issues. “They have no legal right to stay in Japan.”

Nor are asylum seekers permitted to work in Japan, which discourages frivolous applications:

Gursewak’s parents, who are Sikhs, fled to Japan from India in the 1990s. For several years, they lived without visas under the radar until they were put on a status known as “provisional release” in 2001. It means they can stay in Japan as long as their asylum application is under review.
But it also means they can’t work, don’t have health insurance and need permission to travel outside the prefecture where they live. 

And most important, there are few Japanese who desire to change Japan into something it is not:

Chiba’s is a rare voice of dissent. Across the Japanese political spectrum, there is broad support for keeping immigration barriers high. Last year, Prime Minister Shinzo Abe said the solution to Japan’s demographic problems was getting more women and the elderly into the workforce, not loosening the nation’s immigration laws.

And there is no free medical care for asylum seekers, they have to pay their bills:

With Gursewak’s parents barred from working, the family has to scrape by on donations. They have no health insurance, and medical bills have piled up.
In May, Gursewak fell ill with chronic stomach pains and nausea. Medical tests added more than $700 to the family’s existing debts. A contract with a local hospital shows the Singhs are paying back about $50 a month.

There are even surprise visits by immigration officials to the homes of asylum applicants:

They are also subject to unannounced inspections by immigration officers at their home and face detention at any time.

Even better, the Japanese are not intimidated by demonstrations or pleading:

The Justice Ministry’s Torisu describes provisional release as a “humanitarian” approach. “We do not think the provisional release system is inhumane or faulty. We have no plans to change or reform this system,” he said in an interview.

Japan has taken the wise course to prevent illegal immigration, asylum fraud, and the preservation of their nation by preventing asylum, and asylum fraud, from changing the nature of the Japanese nation.  Japan shows how it can be done.  One can only hope President Donald J. Trump takes the same firm line against electing a new people.

Cultural Marxists Double Down On Sanctuary Schools

The educational blob has decided to go to a very public war with soon to be President, Donald J. Trump over illegal alien students.  It has announced a far ranging and public conspiracy to violate Federal law, specifically Title 8 of the United States Code (USC), Section 1324, Bringing and Harboring Certain Aliens, that prohibits any person or organization from aiding or abetting illegal aliens from entering or remaining in the United States.  The conspiracy, also a violation of Title 18 USC Section 371, Conspiracy, Title 18 USC Section 3, Principles, and Title 18 USC Section 3, Accessory After The Fact. The conspiracy is being led by David Oxtoby, President of Pomona College.

Hundreds of college leaders nationwide are pledging support for undocumented immigrants enrolled on their campuses, in response to fears that President-elect Donald Trump may push for larger-scale deportations.
The schools join more than a half dozen large cities which have also promised to shield illegal immigrants from federal authorities.
[Colleges Pledge Support for Undocumented Immigrant Students (mirror), by Melissa Korn and Alejandro Lazo, WSJ (pay site), November 23, 2016]




Conspirator David Oxtoby

Of import, is that the former Secretary of the Department of Homeland Security, Janet Napolitano, current President of the University of California system, is acting in furtherance of this conspiracy, e.g. taking overt acts, with others in the UC system, perhaps including the UC General Counsel, Charles F. Robinson.  A note to Mr. Robinson, and others on the "task force" below, attorneys who engage in a conspiracy to violate Federal law are not protected by attorney-client privilege, nor is government employment a protection against criminal prosecution.  Beware the perp walk!

The University of California system has convened a task force to develop a strategy “on how best to protect our undocumented students,” according to spokesman Ricardo Vazquez. He said the system estimates it has a few thousand undocumented students.
UC System President Janet Napolitano, who served as Secretary of the Department of Homeland Security under President Obama, is scheduled to meet with undocumented-student coordinators later this month.

The rhetoric of these criminals in defense of illegal aliens is quite strong, but they are prepping the ground for a retreat.  This appears to be a tactic to scare off President Trump from taking action, as many of the co-conspirators are hedging commitment to actually take substantive action.

Pomona’s Mr. Oxtoby said he intentionally avoided using the word “sanctuary” himself.
“We don’t want to try to promise something that we can’t guarantee,” he said. “Most colleges and universities, Pomona included, would respond to court orders. It’s a hypothetical. We’re hoping it would not reach that point.”

And:

Wesleyan’s Mr. Roth said that by “sanctuary,” he means “a lack of cooperation until compelled to cooperate by law, and then you use the courts. We’ll do our best to protect our students.”

Interesting that they fall back on "court" decisions.  U.S. Immigration and Customs Enforcement Homeland Security Investigations (ICE HSI) and Enforcement and Removal Operations (ICE ERO), use administrative subpoenas in most cases to obtain records held by parties concerning illegal aliens from employers and other institutions, public and private.  Such records are usually related to employment, but any record held by any person or organization is subject to subpoena, as are persons who may be compelled to appear before an immigration officer and give testimony about an illegal alien.  And such subpoenas are enforceable in a Federal court if the subject of the subpoena refuses to cooperate.  Imagine that, Janet Napolitano, former Secretary of DHS compelled by subpoena to appear before a DHS officer to give testimony about actions she took to protect illegal aliens from discovery and arrest.

This may be the hill that the Cultural Marxists in the education blob are going to die on.  As ICE subpoenas are administrative, they may go to Dolly Gee or another kritarch to get those subpoenas quashed.  The fight will eventually go to the Supreme Court, so President Trump will need to take all possible action, as previously described, if the kritarchs interfere.

Another co-conspirator, Michael Roth of Wesleyan University, is trying to ramp up the public campaign against President Trump and actually refers to immigration law enforcement with a pejorative, "extra-judicial" as if referring to extra-judicial killings.

 “We are signaling that we wouldn’t collaborate with what would have to be extrajudicial deportation campaigns,” said Wesleyan President Michael Roth.

The Cultural Marxists have laid down a marker, and President Trump will need to deal expeditiously with these criminals or risk losing any respect or fear his dangerous opponents now have.  This issue may make or break the Trump Administration.  Criminal prosecution of these scofflaws, as well as Hillary Clinton and Barack Hussein Obama is the only way President Trump can drain the swamp.






Wednesday, November 23, 2016

The Chicago Way

Gauntlet thrown down, gauntlet picked up, challenge accepted.  Wesleyan University has decided to test the metal of President Donald J. Trump and Attorney General-designate William Beauregard Sessions, III., and hopefully Homeland Security Secretary-designate Kris Kobach.  Wesleyan University has publically stated it will be a sanctuary for illegal alien students in violation of Federal law, specifically Title 8 United States Code (USC) Section 1324, Bringing In And Harboring Certain Aliens, that prohibits any person or other legal entity, such as a corporation, State, political sub-division of a State, or a educational institution, from aiding and abetting illegal aliens from entering or remaining in the United States.

Following student outcry for protection of undocumented students, Wesleyan University President Michael Roth declared this week that Wesleyan is a sanctuary campus that will not voluntarily assist the federal government in any efforts to deport students or faculty because of their immigration status...
Roth made the announcement Monday, after meeting last week with students, faculty and staff and conferring with the school's trustees.
Roth said Tuesday that when he first heard the term sanctuary campus, he wasn't "exactly sure what people meant by it, but I was very interested in sending a message both to the campus community and beyond, that the kind of deportation proceedings that were discussed in the Trump campaign phase were anathema to our educational mission..."
Roth said that that through Wesleyan's alumni network, the university is putting together legal resources for members of the school community with questions concerning their immigration status.
[Wesleyan Declares Itself A Sanctuary Campus For Undocumented Immigrants, by Kathleen Megan, Hartford Courant, November 23, 2016]



Cultural Marxist Scofflaw Wesleyan University President Michael Roth 

Now, what Roth and Wesleyan University will be doing is in question.  And it appears that Roth is just virtue signalling, as he so far is just saying he and the University will not cooperate with "immigration officials" unless they are forced to.

The model for the sanctuary campus, Roth, are the sanctuary cities like Hartford and New Haven that have declared their intention not to cooperate with federal officials in seeking to deport residents simply because they lack appropriate immigration documentation.

For Wesleyan, Roth said, that means, "We would not cooperate with any efforts to round up people, unless we were forced to."

If immigration officials were to come to campus, Roth said, "We would go to court and say where is the legal authority? We would not just cooperate ... Not that this place is a place to hide, but a place where faculty, students and staff can have their information protected."

It appears that Roth knows that he does not have a leg to stand on with regard to the issue. Immigration officials are free to enter the campus without a search warrant as the University is open to the public, as a search warrant for illegal aliens, such as was used to enter the residence of Elian Gonzalez.  He also stated that Wesleyan would not cooperate "unless forced to."  Forced to would include such legal processes as subpoenas from U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), formerly known as ICE SVU, and a Request For Evidence (RFE) from the U.S. ICE Student Exchange Visitor Information System (SEVIS).

Roth probably understands that as a post secondary school that admits legal foreign students on an F-1 non-immigrant visa, if challenged by SEVIS and HSI, Wesleyan stands to lose it authority to issue Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, to foreign students if it resists any action by HSI or SEVIS.  He is walking a thin line between virtue signalling and real legal liability. Therefore he has hedged his commitment to illegal aliens with qualifications.

It is not certain though that he understands the implication of his statement though, and the authority of the Trump Administration to punish Wesleyan University, and other post-secondary schools.

Roth is probably smart enough to understand that Wesleyan University is also dependant on funding from the Federal government, most importantly Federal student grants and loans regulated by the Department of Education (DOE).  Consequently, Wesleyan University is dependant on the good graces of the DOE to remain in business, and one of the methods that the Trump Administration will have to punish Wesleyan University and others is the DOE can withdraw all funding for student assistance from those post-secondary schools involved in violations of Federal law, such as Title 8 USC 1324.  In fact, the DOE can send out a "Dear Colleague" letter informing colleges and universities that receive Federal funding that they are required to be in compliance with all Federal laws to received direct Federal grants and funding, as well as student aid funding received by their students.

Such instructions from the DOE would have an enormous impact, causing most colleges and universities to fold like a cheap suit.  They could also challenge the instructions in court, but they have already established the precedent with their failure to challenge a previous DOE "Dear Colleague" letter on sexual assault policies.  The legal precedent has been set, if they challenge the "Dear Colleague" letter on immigration enforcement, then they open themselves up to more lawsuits from male students on their biased disciplinary rules directed against men on campus.

Furthermore, Wesleyan University and other colleges and universities, such as the rest of the Ivy League, and the University of California system (UC), are heavily dependent on legal foreign students paying the full tuition, especially State university systems throughout the nation.  That gives the Trump Administration, including ICE SEVIS and the Department of State enormous leverage over all the colleges and universities enrolling illegal alien students.

Administratively, SEVIS administrators could immediately suspend those post-secondary institutions from issuing Form I-20 to new students or updating or changing information on current legal foreign students, effectively ending the ability of those institutions from enrolling, continuing to enroll, or graduating any legal foreign student. This would cause enormous damage to the budgets of most State and private colleges and universities.

Now, those colleges and universities could go to court to challenge those administrative actions. Their chance of success in the long run is low, as the legal precedent that Federal aid can be withheld from scofflaws and criminal actors is well established, but a sympathetic Federal Judge, such as Dolly Gee, could cause a significant delay.   President Donald J. Trump has three ways around any interference from kritarchs such as Judge Gee.

First, President Trump could order the DOS to stop issuing F-1 student visa.  There is no manner in which an alien outside the United States could challenge that action by President Trump.  The Supreme Court has recently reinforced the longstanding principle that aliens outside the United States have no appeal rights in a visa denial case in Kerry v. Din.  And the precedent is doubly strong for non-immigrant aliens.  Only the alien can be the claimant in such a case, and being outside the United States, they have no rights to due process in a government decision on a visa.

Secondly, President Trump can order the DOS to cancel current F-1 visas for those aliens enrolled at scofflaw colleges and universities, causing those aliens to lose their legal status and requiring them to immediately leave the United States or face arrest as illegal aliens.

Thirdly, President Trump can order U.S. Customs and Border Protection to refuse entry to those aliens with F-1 visas.  Such a decision is also not subject to judicial review.

President Trump has enormous power with his pen and phone over the issue of sanctuary schools.  He can basically put them out of business with little or no review.  The precedent has already been set by the Obama Regime with their orders to colleges and universities over the false issue of campus rape. As a matter of the principle of the sauce is good for the goose as it is for the gander, President Trump should act, and there is nothing the scofflaws in the educational establishment can do.

Cultural Marxists are challenging President Trump.  He has to respond, and with the Chicago Way; put the educational scofflaws in the morgue, figuratively speaking, of course, for their support of illegal aliens.




Tuesday, November 22, 2016

What Can Be Done Immediately

The incoming Trump Administration has much to deal with in the area of immigration law enforcement and dealing with the bureaucracy at the Department of Homeland Security.  The last three administration, Clinton, Bush, and Obama have left a mess at the legacy Immigration and Naturalization Service (INS) and later at the three major components, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS).  As I described, USCIS will be the most recalcitrant of the major components, but the problem there can be solved with judicious use of personnel appointments and vigorous changes in administrative policy.

One of those areas that a President Trump appointment as Secretary of the Department of Homeland Security, hopefully Kris Kobach, or as Director of USCIS, is in the area of assimilation of legal immigrants into the United States.  This is particularly difficult as the official position of USCIS at the moment is Cultural Marxist multiculturalism and diversity rather than Americanization, patriotism, and assimilation.

Some have realized this, particularly one of the sole remaining patriots and non-cucks at National Review, John O'Sullivan. 

To believe, as most Americans do, that the U.S. Constitution is superior to international law, that immigrants — though welcome — should become part of a united national community rather than join an ethnic enclave in a balkanized America, and that our national identity is more important than any ethnic or transnational loyalty is not to take the low road of nationalist selfishness but the moral high ground of democratic self-government in a particular society. In global politics, moreover, these principles enshrine a universal ideal of democratic sovereignty within an independent liberal-democratic nation-state that inspires people in — yes — less happy lands.
[The Return of American Nationalism, by John O'Sullivan and John Fonte, National Review, November 18, 2016]  

Now, whether that policy of Americanization of immigrants will survive at NR is in doubt, but Kris Kobach or any other appointee at the Trump DHS can take immediate steps to deal with Americanization, patriotism, and assimilation, and without any legislation.

One of Kobach's first acts should be the immediate reform of the U.S. Citizenship American history examination.  Currently legal permanent residents applying for citizenship must pass a written examination consisting of 10 questions, of which they must get a mere 6 correct.  Basically, D students are being rewarded with American citizenship.  Worse yet, applicants are given the answers ahead of time with an official study guide with a list of the 100 questions that the 10 questions are chose from.  Furthermore, the questions are given to the alien in a private interview with an Immigration Services Officer (ISO) at USCIS, with corresponding opportunities for corruption or non-feasance on the part of the officer, a problem all too common at USCIS.

The new Secretary of DHS should instruct the Director of USCIS to immediately change the exam process, suspending the admission of the required written exam, the appointment of a distinguished historian, such as Larry Arne of Hillsdale College, to revamp and expand the written examination to a 200 question multiple choice examination properly administered and proctored based on the Advance Placement Examination in American History from the College Board. 

The written examination is required by legislation, but the nature of the examination is in the sole authority of the Secretary of DHS and not subject to judicial review.  So, with a pen and a phone, President Trump and his DHS Secretary can immediately implement a program of assimilation and Americanization.  Requiring citizenship applicants to actually study American history in detail will go a long way to assimilating those who at this time only have to obtain minimal skills in English or in civics.  It will have the beneficial aspect of keeping the worst groups of immigrants, those with low intelligence and achievement, and the most likely to vote Democrat in the future, from naturalizing as most will be neither interested in nor able to absorb the curriculum of a real examination in American history and civics.

This will be, however, only a start.  Many more administrative actions must be taken, such as paying serious attention to the ill-advised waiver available to certain aliens to the written exam.  Basically, aliens can claim a disability to be either excused the exam or have the exam in other than English. Current USCIS policy is to accept any specious claim put forward by an alien and their physician who "certifies" the disability.  There is widespread corruption, with many physicians and other pseudo-medical professionals, such as nurses and non-certified mental-health workers allowed to sign certifications of inability to either take the exam or inability to learn English.

The Secretary or new Director of USCIS could require that only specialist psychiatrists on contract to the government and not paid by the alien, could make such determinations.  The Secretary could also vigorously investigate fraud by such aliens.

However, legislation will be needed to reform the citizenship examination process to eliminate waivers of the exam, require mastery of English for all applicants, and backstop the changes in the written examination from collateral attack from the Treason Bar.  But it is a start to bringing back Americanization and assimilation to the immigration process.