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.