Saturday, October 21, 2017

One Cheer For The Trump Immigration Proposals

VDare's John Derbyshire gave two cheers to the Trump immigration proposals.  His qualification was the issue he had with merit based immigrant portion of the proposal.  His contention is that we will be importing Indian and Chinese overlords.  I am not convinced by that claim, as Chinese and Indians can't pass as white as our current (((overlords))) do.  They are obvious in their otherness, and face ingrained hostility from native Americans, both Black and White.  Nobody hates Asians more than Blacks and Chinese corruption has limited their appeal even in California.  In any event, Asians, both Indian and East Asian, are contemptuous of Blacks and Hispanics, so they are unlikely overlords, more likely to serve as a counterbalance to Blacks and their constant whining about White racism keeping them down. Asian immigrants are a daily rebuke to the Black failure and the bogus racism is keeping me down claim.  In any event, merit based immigration is a stalking horse to keep out low-IQ Democrat constituencies, mainly Africans and Hispanics, as well as keep overall number down.

So, dear readers are confused, why one cheer for the Trump immigration proposals?  Well, in theory, the plan is great and deserves three cheers. However, a close reading suggests that the Trump Administration does not realize that most of their plan can be implemented administratively, a sort of Trump Regime Administrative Immigration Crackdown, without input from Congress and legislation.

The most glaring problem highlighted by the Trump proposals is Expedited Removal (ER).  Although this writer is not a one-trick pony, ER has been one of the issues I have emphasized over my years of blogging on both my website, Federale, and when writing for VDare.

H.  Expedited Removal.

Limited categories of aliens are currently subject to expedited removal, which erodes border integrity and control by impeding the ability of the Federal Government to efficiently and quickly remove inadmissible and deportable aliens from the United States. The Administration seeks to expand the grounds of removability and the categories of aliens subject to expedited removal and by ensuring that only aliens with meritorious valid claims of persecution can circumvent expedited removal.
[Immigration Principles & Policies, The White House, October 9, 2017]

The Trump Administration apparently does not understand or refuses to understand the authority they now have under Expedited Removal.  To date, despite authority to fully implement Expedited Removal, the Trump Administration has not yet done so to date.  In fact, the proposal to administratively expand ER is only to include illegal aliens in the United States for 90 days or less, despite the fact that the law says that illegal aliens present in the United States for two years or less are subject to ER.  With no Act of Congress, President Trump can fully expand ER to the statutory limit.  My discussions with current and former immigration agents has revealed that most think that the Trump Administration is wise to wait for additional legislation on ER because of fear that the courts will strike ER down.  That is of course foolish, ER is the law and additional laws will not prohibit Kritarchs from acting against ER, which has been upheld by an appeals court.  The best course of action for President Trump is to instruct DHS to fully implement ER.  However, as this writer has long argued, ER needs to be expanded to solve the problem of the backlog in the immigration courts and to discourage future illegal immigration.

Next, the Trump Administration has complainted of fraud and the lack of enforcement in the asylum system, especially for illegal alien juveniles.

B. Unaccompanied Alien Children.
Loopholes in current law prevent “Unaccompanied Alien Children” (UACs) that arrive in the country illegally from being removed. Rather than being deported, they are instead sheltered by the Department of Health and Human Services at taxpayer expense, and subsequently released to the custody of a parent or family member— who often lack lawful status in the United States themselves. These loopholes in current law create a dramatic pull factor for additional illegal immigration and in recent years, there has  been a significant increase in the apprehensions of UACs at our southern border. Therefore, the Administration proposes amending current law to ensure the expeditious return of UACs and family units.

Again, the Trump Administration complains of problems that were created administratively, not by legislation.  Fraud is never acceptable in immigration benefits, including asylum claims, especially for juveniles. 

iii. Terminate the Flores Settlement Agreement (FSA) by passing legislation stipulating care standards for minors in custody and clarify corresponding provisions of the TVPRA that supersede the FSA.

They specifically complain about the Flores Settlement that purported to limit detention of illegal alien juveniles, which it did not, as explained here.  In any event, the Administration can challenge the Flores Settlement by petitioning the court or by beginning to detain illegal alien juveniles and create a new case.  The law is quite specific that DHS has the authority to detain any illegal alien whom the government thinks unlikely to appear at a future hearing, which most illegal aliens don't.  There is no need for any new legislation.

The Trump Administration also complained of fraud, criminals, and terrorists in the asylum system.  That problem, again, was created administratively. 

C.   Asylum Reform.  The massive asylum backlog has allowed illegal immigrants to enter and stay in the United States by exploiting asylum loopholes. There are more than 270,000  pending cases in the asylum backlog before USCIS, and approximately 250,000 asylum cases  before EOIR. Therefore, the Administration proposes correcting the systemic deficiencies that created that backlog.

i. Significantly tighten standards and eliminate loopholes in our asylum system.
ii. Elevate the threshold standard of proof in credible fear interviews.
iii. Impose and enforce penalties for the filing of frivolous, baseless, or fraudulent asylum applications, and expand the use of expedited removal as appropriate.
iv. Close loopholes in the law to bar terrorist aliens from entering the country and receiving any immigration benefits.

It was the Bush Administration that allowed illegal alien criminals and terrorists to use the asylum system.  And it was Clinton, Bush, and Obama who allowed fraud to corrupt the asylum system. All the problems of fraud and baseless claims in the asylum program are tolerated and rewarded by the current administration of the system: Asylum Officers are not held to the correct standards of proof of asylum claims, the U.S. Citizenship and Immigration Services (USCIS) managers are not held to standards to prohibit fraud in the asylum system, there is no supervision or review for validity of Asylum Officer decisions, and those Asylum Office managers still refuse to comprehensively review asylum applications for systematic fraud.  The Trump Administration was warned that USCIS bureaucrats were hostile, and the problem can be solved by comprehensive reform of USCIS and their managers

These are just three examples of the problem with the Trump Administration immigration proposals; most of what they propose can be implemented administratively, with a pen and an phone.  It is disingenuous of the Administration to complain when it still fails to take easy administrative action to end many of the problems in the immigration system, such as fully implementing Expedited Removal.  While legislative solutions are needed, such as expanding ER to all illegal aliens irregardless of their time in the United States, this is no excuse for the Administration to not take action where it can, such as Attorney General Sessions firing recalcitrant immigration judges.




Saturday, September 30, 2017

It's A Start

It appears that the conflict with Sanctuary Cities may be coming to a head.  And the Department of Homeland Security (DHs) may actually be joining the fight.  DHS and it's main interior enforcement component, U.S. Immigration and Customs Enforcement (ICE) Enforcement And Removal Operations (ERO) may have decided that they have been playing Mr. Nice Guy for too long.  While there has been much Sturm Und Drang about immigration arrests, those arrests have not been increasing as fast as could be, nor have those arrests targeted non-criminal aliens as opposed to the criminal aliens that are targeted.  To date the mantra of ICE has been that they chose specific targets to arrest, generally criminal aliens, previous deportees, and those ordered deported but who have not left the United States whether it be a deportation in abstentia, those benefiting from the Obama Regime Administrative Amnesty, or those recently ordered deported.  What has not happened is the general enforcement of immigration laws directed against illegal aliens in the United States not near the top of the priorities for ICE; criminal aliens, previous deportees, absconding deportees, and gang members.  What is not happening is work-site enforcement and raids against concentrations against illegal aliens.

After months of complaints against Sanctuary Cities and law enforcement agencies who refuse to honor immigration detainers, it appears things may be changing.  One does not want to raise the hopes of national conservatives and patriotic immigration reformers, but this may be the beginning  of the beginning for Operation Wetback II.  This author has been long urging comprehensive immigration enforcement, as opposed to comprehensive immigration reform, e.g., an concerted effort to enforce immigration laws in general across the United States, but also targeting Sanctuary Cities and States as well.

And lo and behold, it appears that despite sabotage in the ranks of ICE, someone has got the message sent by this blog and the recalcitrance of Sanctuary Cities; enforcement must come first.


Immigration and Customs Enforcement (ICE) officials announced Thursday they had arrested nearly 500 people in a four-day operation targeting "sanctuary cities."  
The agency said it targeted individuals from across the country, in what it called "Operation Safe City," arresting 101 individuals in Los Angeles and 107 in Philadelphia. Other areas targeted include New York City, Denver, Portland, Ore., Baltimore,Cook County, Ill., Santa Clara County, Calif., Washington, D.C., and Massachusetts.The arrests reflect the Trump administration's desire to crack down on sanctuary cities, which refuse to help federal authorities enforce immigration laws.
[ICE Arrests Neary 500 Immigrants In Sanctuary Cities, by Julia Manchester, The Hill, September 28, 2017]

Perhaps this recent action is the start of a new Operation Wetback targeting Sanctuary Cities who defy Federal immigration law.  We shall soon find out.  This could be a beautiful beginning.



Thursday, September 28, 2017

Complete Fail By Jefferson Beauregard Sessions III

Immigration judges are a problem.  A major problem.  Their selection is fraught with danger as Immigration Judges are a danger to the Constitution, the law, and the nation.  And they are ambitious.  They want to be real judges and make their own immigration law and policy.  They want to be Kritarchs.  One would think that the Attorney General, who choses Immigration Judges would take care and discretion in their selection.  One would think that Jeff Sessions would take such care.  He has been talking the talk on the immigration issue, however his walking the walk on the issue is much to be desired.  However, in a matter of days after a selection of one particular Immigration Judge, the truth came out, James McCarthy, appointed by Jeff Sessions, is a Kritarch.

HARTFORD — After 36 people blocked court access and were arrested, the Ramos family got word Monday evening that a New York immigration judge had granted them a stay so he can consider reopening the couple’s deportation case.
Attorney Michael Boyle said Franklin and Gioconda Ramos will likely be here until at least Oct. 18...
“We are very happy that Judge McCarthy took this action to preserve his jurisdiction over the motion to reopen. We hope that ICE will re-evaulate its position and not oppose the motion, and we hope that the judge will approve it,” Boyle said in a statement.
[Judge Grants Undocumented Connecticut Couple Stay In Deportation Case, by Mary O'Leary, New Haven Register, September 25, 2017]

So, McCarthy, who should know better, as he was an attorney for U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), before his appointment to the Executive Office For Immigration Review (EOIR).

Worse yet, the decision was make under threats of violence and illegal blocking of an ICE office.

It was a happy turn of events for the family whose oldest son, Jason Ramos, 24, had been among those participating in the civil disobedience at Immigration Court in Hartford around 8 a.m. when three dozen protesters blocked entry to the Immigration Court in Hartford.
They were among some 200 protesters demonstrating on behalf of the Ramos’s and ICE deportation policies in general as more undocumented immigrants without criminal backgrounds are being ordered to leave.

So, Judge McCarthy was either intimidated or acted with his secret desire to overthrow the immigration system and laws.  Worse yet, McCarthy is at the EOIR office in New York, and acted outside his jurisdiction, as the immigration case is out of the EOIR in Hartford, CT.

To compound his crime and arrogance, McCarthy had no legal justification for his order suspending the deportation of two illegal aliens, Franklin and Gioconda Ramos.

ICE, in its statement, traced the history of the couple’s status issues.
Both had final orders of removal issued by an ICE judge in New York in 2005, but Franklin Ramos said he never received the order and wasn’t aware of it until 2012 when he continued to pursue legal status.
He was then held for three months, but later was allowed to stay under prosecutorial discretion, which the Obama administration had used for the undocumented who were not a priority for removal. 
After years of renewed stays, on Aug. 1, ICE, operating under the new policies of the Trump administration, proceeded with the original 2005 removal order.

Both entered the United States illegally in 1993, then arrested in the early 2000s, then agreed to leave voluntarily after immigration court hearings in 2005.  This is called Voluntary Departure, an agreement to leave the United States before an Immigration Judge after they admitted they were in the United States illegally and had no legal recourse to stay.

Now the illegal aliens are lying, claiming that they never had an immigration hearing.  However, they benefited from the Obama Regime Administrative Amnesty after being ordered deported again in 2012, being allowed to stay and work.

There is no basis for an Immigration Judge to re-open an immigration case already decided by another judge, and one in which the illegal alien in question did not pursue his options, as the Ramos' did not do both in 2005 nor in 2012.

AG Sessions took some baby steps to reign in the kritarchs in the EOIR, such as issuing orders to limit continuances of immigration hearings that are contributing to the immigration court backlog.  But he needs to do more, including issuing orders to prevent Immigration Judges from reopening immigration cases where there is a final order of removal.  That authority he should restrict to himself, the Attorney General.

In a similar vein, a Federal Kritarch has ordered that the deportations of a group of illegal aliens from Indonesia be halted despite the fact that all the illegal aliens had asylum hearings and were then denied hearings.  The Kritarch wants to review the law to see if he can change that decision.


Clinton Kritarch Patti Saris

A federal judge on Tuesday put on hold the deportation of several dozen Indonesians in New England who had lost their bid to remain in the U.S. and feared persecution if returned home...
A lawsuit on their behalf was filed Monday. A judge in Boston ruled Tuesday that U.S. immigration officials could not remove the Indonesians until a determination was made about whether the court has jurisdiction...
Shawn Neudauer, a spokesman for ICE, said a judge already had ruled the Indonesians had to leave the country and that they had been given to up to two years "to pursue forms of immigration relief" or get their affairs in order.
[Judge Puts Deportations Of Indonesians On Hold, by Michael Casey, Fox/AP, September 26, 2017]

While AG Sessions cannot fire Federal Judge Patti Saris, as he can and should James McCarthy, he can immediately appeal this illegal decision by a Clinton appointee.  Federal Judges have little to no authority over deportation decisions, as due process for aliens is what Congress says it is, as courts have decided. And most certainly not after the illegal alien in question has gone through the whole process of hearing and appeals in the EOIR.

Time for Jeff Sessions to walk the walk.




Sunday, September 24, 2017

A Picked Lock And The #DeepState

Many were astounded at the recent raid on the residence of Paul Manafort, former campaign director for President Donald J. Trump.  Some noted that it was unusual in that the FBI agents who raided Manafort's residence at the orders of Robert Mueller, the face of the Deep State.  However few noted the enormous significance of this act.  This action by Mueller and the Federal Kritarch who authorized it show the Deep State will stop at no lie to get President Trump.




First, the facts:

Paul J. Manafort was in bed early one morning in July when federal agents bearing a search warrant picked the lock on his front door and raided his Virginia home. They took binders stuffed with documents and copied his computer files, looking for evidence that Mr. Manafort, President Trump’s former campaign chairman, set up secret offshore bank accounts. They even photographed the expensive suits in his closet.
[With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone, by By Sharon Lafraniere, Matt Apuzzo And Adam Goldman, NYT, September 18, 2017]

Usually, when a Federal agent, or any other law enforcement officer at the State level are executing a duly obtained search warrant, there is a requirement that the agents serve that warrant only between 6:00 am and 10:00 pm, and to gain entry to the place to be search, they must knock and announce, giving the resident of the dwelling to be search a reasonable amount of time to come to the door and admit the agents.  This is called the Knock and Announce Rule.

There are exceptions to the Knock and Announce Rule, those are called No-Knock Warrants.  This is where the officer or agent applying for the warrant must prove to the magistrate reviewing the warrant application that to knock and announce would result in the destruction of evidence or violent resistence.  These are highly unusual, as not using Knock and Announce can have deadly consequences for both the subject of the search and the officers serving the warrant, or worse yet, an innocent where the police raid the wrong address.

However, No-Knock Warrants are necessary.  And they are used in cases where there is an exception danger to officers serving the warrant from violent subjects, such as gangs,  where evidence can be easily destroyed, like drugs flushed down the toilet, or terrorism cases.  The usual No-Knock Warrant at the Federal level is the Drug Enforcement Administration (DEA) raiding a drug den or dealer, the Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires raiding a motorcycle gang dealing in guns, the Federal Bureau of Investigation Hostage Rescue Team (FBI HRT) raiding an Al-Queda suspect, ICE Special Victims Unit raiding a child pornographer, or the U.S. Marshal's Service raiding the hideout of a wanted prison escapee.  Those conditions make knocking and announcing an invitation to a shootout, electronic evidence being destroyed, or drugs going down the drain. Common sense.  In my experience of 26 years in Federal law enforcement, I have never even sought a No-Knock Warrant.  They are almost never needed in white-collar crime, as the Manafort case is, a mere financial crimes, and only being investigated to force Manafort to lie to implicate President Trump. Manafort has no criminal history, no history of violence, no involvement in drugs, weapons, or terrorism.  There was no justification for the No-Knock Warrant, unless the agents lied to the magistrate.

However, No-Knock Warrants are not supposed to be given out willy nilly, and especially not to send a message to suspects in a case.  However that is what has happened.  Note that the Mueller team even photographed Manafort's designer suits. Manafort could not have flushed those suits down the toilet any more than he could have destroyed the mass of documents that were taken from his house. That in itself proves two points.  One, there was no need for a No-Knock Warrant,  and two, that the warrant itself was designed not to obtain evidence of a crime, but to intimidate Manafort and solicit perjury in the Deep State's war on Donald J. Trump. There is no evidentiary value in Manafort's suits other than to prejudice the jury against a wealthy and successful man.  Expensive suits are not a crime, and clothing never seized as the fruit of a crime. Jewelry, expensive cars, even real property, but never personal items like clothing.  And since the suits weren't seized as evidence, why were those suits photographed other than for intimidation.

The Deep State is at war with President Trump, and they won't stop at anything, including obviously lying to a Federal magistrate about the possibility of Manafort destroying evidence when agents knock at his door to serve the warrant.

Time for someone to report these FBI agents to the Department of Justice Office of Inspector General!

Friday, September 22, 2017

Non-Hispanic Sabotage At ICE?

So, the #LyingPress is concerned that my identification of corruption and sabotage in the Department of Homeland Security is racist.  Brandon Rittiman thinks "Hispanics" are a race.  Hispanics are not a race, as decreed by official policy of the Federal government, e.g. the Bureau of Census and the Office of Management and Budget.

Hispanic or Latino and Not Hispanic or Latino. Hispanic origin can be viewed as the heritage, nationality group, lineage, or country of birth of the person or the person’s parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be any race.
[Overview of Race and Hispanic Origin: 2010, By Karen R. Humes, Nicholas A. Jones, and Roberto R. Ramirez, Bureau of Census, March 2011]


The Whitest Of White Hispanics


Another Very White Hispanic



So, since the very white Franciso Franco is Hispanic, you can't be racist against Hispanics, unless you are racist against whatever race they are.  But in the interests of racial comity, I will expose a white DHS employee for sabotage and misconduct.  But not because he is white, but because he appears to be sabotaging immigration enforcement in the Denver area.


Jeffrey Lynch, Pulling A David Marin?

The suspect is Jeffrey Lynch, Acting Field Office Director (FOD) for U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).  The fun thing about the following breathless expose is that the Cultural Marxist reporter thought he was exposing misconduct that was detrimental to illegal aliens, but ended up exposing an ICE employee working to restrict the arrests of illegal aliens.  Smooth move.

Matthew Keller didn’t notice the undercover ICE agents until they had his client, Antonio García, in handcuffs. As soon as he realized what was happening, the attorney with the Meyer Law Firm pulled out his cell phone and started filming the arrest, which occurred on May 5.
“Do you guys have a warrant?” Keller asked the three ICE agents — two men and one woman — as they escorted García to an unmarked gray SUV parked in front of the Lindsey Flanigan Courthouse in Denver.
[ICE Courthouse Busts 10X Higher Than City Knew, by Chris Walker, Westworld, September 19, 2017]

Shocking, an immigration attorney is concerned that his criminal illegal alien client was arrested for being in the United States illegally.  But this attorney shocked as he is at arrests of illegal aliens is even more shocked that the arrests are a violation of the Obama Regime Administrative Amnesty for criminal illegal aliens.  The saga of arrests at courthouses has been going on for years, and the intrepid attorney actually found the official Obama Regime policy for courthouse arrests, and basically it was don't arrest anyone at courthouses except Al-Qaeda terrorists and convicted felons.

What Keller didn’t know when García was apprehended was that the ICE agents involved may have been breaking Immigration and Customs Enforcement policy with regard to making courthouse arrests. Nor did Keller know just how often courthouse arrests like the one he was witnessing are happening in Denver and surrounding jurisdictions including Adams, Jefferson and Arapahoe counties.
Westword recently obtained 29 pages of internal ICE documents through a Freedom of Information Act request. The documents (published in full at the bottom of this article) show that ICE still makes its agents review and sign a protocol concerning courthouse arrests, even though Trump’s executive order effectively loosened rules agency-wide. The FOIA documents include a memo sent by the acting director at ICE’s Denver field office, Jeffrey Lynch, detailing how courthouse arrests should focus on four categories of undocumented persons: “aliens engaged in or suspected of terrorism or espionage,” “aliens convicted of an offense for which an element was active participation in a criminal street gang,” “aliens convicted of an offense classified as a felony in the convicting jurisdiction” and “aliens convicted of an ‘aggravated felony,’ as that term is defined in [immigration law].” Lynch’s directive, sent to his top-level officers on May 12 (seven days after Garcia’s arrest), is based on guidelines from a November 2014 memo issued by former Secretary of Homeland Security Jeh Johnson.

It appears that Acting FOD Jeffrey Lynch got that memo, but forgot about the memo from then Secretary John Kelly that the Obama Regime Administrative Amnesty was over.  Lynch, either on his own authority, running his own Administrative Amnesty like David Marin, or at the order of some higher up, the article is not clear, appears to want to restrict arrests at courthouses, issuing instructions to his Deportation Officers to follow the Jeh Johnson rules, not those of Trump Administration.

Curiously, the Deportation Officers (DO) see to have been ignoring Lynch's orders.  The emails in the Freedom of Information Act (FOIA) release appear to have some DOs and Supervisory DOs asking pointed questions, as at some point the Obama policy went away, but Lynch seems to be bringing it back, which would be a point of contention with the union representing the officers.

So, for the record, this blog criticizes all saboteurs and #DeepState bureaucrats, whether anonymous or identified, regardless of race or Hispanicness, as defined by the Census, who are engaged in undermining immigration law enforcement.

In his incompetance or mendacity, Lynch has made the work of Deportation Officers more difficult and appears to have threatened disiplinary action if officers don't follow his amnesty program.  So concerned were the officers that they responded with obvious questions that Lynch apparently was set back on his heels by.

On May 12, one ICE employee wrote: “First and foremost, I would like to have a specific, written definition of ‘At or Near.’ That’s way too nebulous as it stands.”

In the same email chain, another officer wrote: “Can there be a clarifying statement to this new policy that will protect those officers making a probation arrest in a location where the court and probation are co-located?”

Lynch's actions and ill advised memorandum to Deportation Officers has emboldened the Treason Bar, and they are looking to use his amnesty memorandum as the basis to file lawsuits against ICE to stop courthouse arrests.

Courthouse arrests may come to a head, and not just because of ICE’s inconsistencies following its own protocols. With local officials such as Hancock and powerful legal authorities across the nation, including California’s chief justice, asking for the practice to stop, Gonzales and Meyer believe it’s time for the judiciary to decide on the issue...
Even before he reviewed the FOIA documents, Keller says he was going to challenge García’s arrest. “We were ready to dig in and fight his case,” he says.

This writer warned about this campaign by the Treason Bar and Kritarchs seeking to make their own immigration policy, and ICE appears to be handing them weapons in this conflict.  Time for DHS and the Department of Justice to make Federal supremacy in the immigration area abundantly clear to State officials, executive or judicial, who are seeking to interfere.  Some timely arrests might be in order.


Tuesday, September 19, 2017

Attorney General Jeff Sessions Talks The Talk In Portland

Amid the usual rioting and obnoxious illegal aliens, Attorney General Jeff Sessions gave a major speech against sanctuary cities and illegal immigration.  Sessions can certainly talk the talk.  And he laid into Portland and Oregon for their support of illegal aliens, especially criminal illegal aliens.

To get on the right track, there are a number of things we must fix. A key concern is that some jurisdictions have undertaken to undo our immigration laws through so-called “sanctuary policies.”
Such policies undermine the moral authority of law and undermine the safety of the jurisdictions that adopt them.
In Portland and all over Oregon, here’s how it works right now: once the police arrest an illegal alien and charge him with a crime, they fingerprint him and book him into their jail.
When federal immigration authorities learn that this criminal alien is in a jurisdiction’s custody, our ICE officers issue a detainer request accompanied by a civil arrest warrant and ask the city to either notify them before they release the criminal or to hold the criminal alien long enough to transfer him to federal custody in a safe setting.
But political leaders have directed state and local officers to refuse these requests. Cooperation has been a key element in informed crime fighting for decades.
The result is that police are forced to release the criminal alien back into the community without regard to the seriousness of his crimes or the length of his rap sheet. Think about that: Police may be forced to release pedophiles, rapists, murderers, drug dealers, and arsonists back into the communities where they had no right to be in the first place. They should according to law and common sense be processed and deported.
[Full Speech: Sessions' Remarks On 'Sanctuary Cities' In Portland, by KGW Staff, KGW, September 19, 2017]

Strangely, he lauded the Obama appointed United States Attorney (USA) for District of Oregon, Billy Williams, a USA apparently unconcerned about sanctuary cities and illegal immigration.  And a USA whom leftist Democrats want to keep in place for obvious reasons, Williams is not dedicated to ending illegal immigration, the scourge of drugs, and panders to radical Islam.

The American people rightly want a lawful immigration system that keeps us safe and serves the national interest.
U.S. Attorney Billy Williams has been eloquent about sanctuary policies: If we’re going to make this community safer, then we have to work together. Cooperation between law enforcement works. It saves lives.
And so to all the law enforcement here— – federal, state, and local— – thank you for all that you do. President Trump is grateful, I am grateful, and the entire Department of Justice is grateful for your service. We have your back and you have our thanks.

This is strange, as Williams has refused, despite overwhelming evidence, to criminally prosecute a Mexican judge and activist, Monica Herranz, who aided an illegal alien to escape from arrest by U.S. Immigration and Customs Enforcement (ICE).

Williams punted responsibility for a Federal criminal investigation to a local ethics board, rather than to ICE or the Federal Bureau of Investigation. As expected, the ethics board cleared Herranz despite testimony by the defense attorney for the illegal alien and the Assistant District Attorney present in the courtroom that Herranz allowed illegal alien Diddier Pacheco Salazar, to use Herranz' private exit from a courtroom to escape from ICE officers waiting outside the courtroom.


 Criminals Herranz and Salazar

The question now is we know Sessions can talk the talk, but can he walk the walk of immigration enforcement?

Besides indicting and arresting Herranz, Sessions has other public officials in the country both major and minor seeking to aid illegal aliens; Jerry Brown, Janet Napolitano, and Sheriff Vicki Hennessy of San Francisco come to mind immediately.

Napolitano should be at the top of the list, as she is now suing the Department of Homeland Security to impose a permanent DACA Amnesty by judicial fiat while at the same time she is protecting and encouraging illegal aliens to enter and remain in the United States by providing access to a university education at little or no cost to illegal aliens, including those who are not DACA illegal aliens.  And she admits that the fundamental basis of the lawsuit is to protect illegal aliens from deportation.

Instead it is motivated by the harm that eliminating DACA will cause to the so-called Dreamers at the University of California, the 10-campus system I now lead, and to the nearly 800,000 Dreamers across our country...
The government is telling these young people that , as a country, we do not value their obvious worth, and that we intend to treat them no differently than a recent adult border crosser. This is wrong, unjust, mean and legally dubious.
As president of the University of California, it is my job to protect the students on our campuses. As the author of DACA, I know its legal basis and its aims. As both, I am suing the administration because its actions on Tuesday will harm innocent young people and, by extension, all of us.
[Janet Napolitano: Why I'm suing the Trump administration over DACA, by Janet Napolitano, LA Times, September 8, 2017]

Napolitano admits that DACA is a policy she wants and demands the court impose it.  What she did not say is that she also protects other illegal aliens enrolled in the University of California system not currently in DACA.  Neither group of illegal aliens has legal status in the United States, and therefore have no recourse to remain.

Despite claiming that the DACA program was legal, the same Department of Justice (DOJ) opinion on DACA said the illegal aliens covered remain illegal aliens.

As has historically been true of deferred action, these proposed deferred action programs would not “legalize” any aliens who are unlawfully present in the United States: Deferred action does not confer any lawful immigration status, nor does it provide a path to obtaining permanent residence or citizenship. 
[The Department Of Homeland Security’s Authority To Prioritize Removal Of Certain Aliens Unlawfully Present In The United States And To Defer Removal Of Others, by Karl Thompson, Department of Justice, Office of Legal Counsel, November 19, 2014]

And, despite Napolitano's claim that there are due process rights created for illegal aliens under DACA and the program must be revoked only after a certain procedure, that is not correct, as the same DOJ states clearly:

A grant of deferred action under the proposed programs would remain in effect for three years, subject to renewal, and could be terminated at any time at DHS’s discretion. See Johnson Deferred Action Memorandum at 2, 5.

To walk the walk, Sessions should order a coordinated program of prosecution of public officials who aid illegal aliens, especially Janet Napolitano and Monica Herranz.




Sunday, September 17, 2017

Time For Jeff Sessions To Move Against San Francisco

More information is out about one of Obama's illegal alien kids, Erick Garcia-Pineda, who was released by a liberal Immigration Judge from custody after rolling over the border during the Obama Regime Administrative Amnesty for MS-13 gangbangers. And the crime is continuing to be described as a robbery gone wrong.  Well killing during an armed robbery is not unusual, that is the whole point of using a weapon during a robbery, but this really appears to be a gang hit.

First, the victim,  Abel Esquivel  had his photograph in the LA Times, and it looks like he is flashing gang signs in the photo.


Abel Esquivel, Gangbanger?


Note the placement of the index and middle fingers mimicking an sideways V sign, which is a common gang sign.  Then there is the question as to why Esquivel was shot and other not during an alleged robbery spree by the accused gangbangers. Note the Esquivel is lauded as a "community activist" which brings to mind Cultural Marxists like Barack Obama, or Alex Sanchez, "former" MS-13 gangbanger and "community activist" with Homies Unidos, a gang front.

Was this a opportunistic hit?  Could be, but in any event bringing people like Esquivel to the United States brings only more crime.  All involved were Hispanics, most immigrants or an anchor baby like Esquivel.

This brings us to the next issue.  The San Francisco Sheriff's Department, headed by Vicki Hennessy, was deeply involved with at least two of the killers of Esquivel recently; two were released by the Sheriff's Department at the orders of Hennessy.
ICE agents also asked the local sheriff in May to detain a second man arrested locally who is also charged with Esquivel’s murder, Jesus Perez-Araujo, 24.
San Francisco police arrested Perez-Araujo for possession of marijuana and illegal possession of brass knuckles. He was charged only with misdemeanor possession of brass knuckles, court records showed...
Authorities say Garcia-Pineda had been detained by immigration authorities in December and released from custody in April pending deportation. An immigration judge required him to wear an ankle monitor and routinely check in with immigration officials.
He failed to show up for his August appointment, said James Schwab, a spokesman for Immigration and Customs Enforcement.
His ankle monitor was removed when he was arrested on Sept. 3 by sheriff’s deputies on misdemeanor battery charges. ICE says the Sheriff’s Department ignored a request to block his release from jail that day.
[Gunman Was Facing Deportation When He Shot Popular Community Volunteer, Police Say,  Associated Press/LA Times, September 15, 2017]

So, besides the killer of Kate Steinle, the San Francisco Sheriff's Department appears to be acting as if it's purpose is to protect illegal alien criminals, rather than see that the people of California are protected and defy Federal immigration laws.

To add to this support by the City and County of San Francisco and the San Francisco Sheriff's Department for open defiance of Federal law, the State of California has passed a Sanctuary State law that requires the State and all cities and counties to aid illegal aliens to remain in the United States by various actions, in defiance of the Constitution, and the Oath to that Constitution that all State officers take as required by Article IV, Clause 3.

California lawmakers on Saturday passed a “sanctuary state” bill to protect immigrants without legal residency in the U.S., part of a broader push by Democrats to counter expanded deportation orders under the Trump administration.
The legislation by Sen. Kevin de León (D-Los Angeles Mexico), the most far-reaching of its kind in the country, would limit state and local law enforcement communication with federal immigration authorities, and prevent officers from questioning and holding people on immigration violations...
Others pointed to the opposition from sheriffs organizations, saying SB 54 tied officers’ hands, allowing serial thieves, chronic drug abusers and gang members to slip through the cracks. Supporters countered the Trump administration was trying to paint all immigrants in the country illegally as criminals.
They pointed to provisions in the bill that would make hospitals, schools and courthouses safe zones for immigrants from federal immigration authorities at a time of fear for some communities.
[California Lawmakers Approve Landmark 'Sanctuary State' Bill To Expand Protections For Immigrants, by Jazmine Ulloa, LA Times, September 16, 2017]


And, it was expressly designed to protect illegal aliens in the United States.  That is what is the basis for the crime of aiding illegal aliens, prohibited by Title 8 United States Code, Section 1324.

It was at the center of a legislative package filed by Democrats in an attempt to protect more than 2.3 million people living in the state illegally. Other legislative proposals and budget deals have expanded workplace protections against raids from U.S. Immigration and Customs Enforcement, and increased legal defense services for immigrants facing deportation and financial aid for students without legal residency.

Unfortunately, the response of the Trump Administration has been less than ineffectual.  Attorney General Jeff Sessions moved against sanctuary cities by ending certain law enforcement grants to the offenders, but that decision was put on hold by a corrupt kritarch. While I expect that decision to be overturned on appeal, that will take time and is not certain given the idiot Anthony Kennedy still breathes air.

What the Trump Administration refuses to do is to take action not subject to vicissitudes of corrupt kritarchs.  The Executive Branch has great latitude in the enforcement of criminal and immigration laws.  The Executive Branch can make an example of Chicago, Sheriff Vicki Hennessy, or the State of California for their defiance, but the Trump Administration refuses to take that action.  This writer previously suggests a new Operation Wetback to make examples of States and localities in defiance of immigration laws. [Mini Operation Wetback, by Federale, Federale Blog, December 16, 2017] As did my inspiration to write on the immigration issue, VDare's own Juan Mann.  [Time For Operation Wetback II, by Juan Mann, VDare, February 8, 2003]

All the kritarchs in the world can't stop the Department of Justice from indicting Vicki Hennessy for aiding illegal aliens.  Though generally this writer supports law enforcement, in this case it is time for the DOJ to start indicting front line officers and deputies involved in the Sanctuary City movement. In the case of the release of Erick Garcia-Pineda, also known as the Rat, the DOJ should start with orders to Acting United States Attorney Brian Stretch in the United States Attorney's Office for the Northern District of California for the very public arrest of the San Francisco Sheriff's Department Deputy Sheriff who cut the ankle monitor off of Garcia-Pineda, then indict and arrest the deputies who released Garcia-Pineda, Perez-Araujo, and Kate Steinle's killer, Juan Francisco López-Sánchez, from jail after ignoring detainers issued for all.  In return for their testimony, they will be given sweet-heart deals, but will be required to testify against Hennessy and any other department officials who implemented policies for the release of illegal aliens in order to assist them to remain in the United States.  The arrest of the deputies is needed pour encourage les autres to defy illegal Sanctuary City orders and policies.  What will follow is the perp walk of Sheriff Hennessy for violating Title 8 USC 1324.


Vicki Hennessy, Criminal And Oath Breaker

The next step would be for President Trump to order Social Security Administration and Internal Revenue Service officials to provide to U.S. Immigration and Customs Enforcement (ICE) all records related to unlawful employment.  Then Acting Secretary of DHS Elaine Duke would order ICE officials in San Francisco, Chicago, and other sanctuary jurisdictions to immediately begin large scale worksite raids in those sanctuary jurisdictions.  The purpose would be to cause a panic among illegal aliens, inducing them to leave en-masse. To make them fear, fear the laws of the United States.

Next, Acting Secretary Duke would order the deployment of Border Patrol Agents to the interior, especially in California, to resume patrols of urban and rural areas of California to find and arrest illegal aliens.  Governor Jerry Brown can claim California is a sanctuary for illegal aliens, but President Trump can make California not a sanctuary, but a tomb, figuratively speaking, for illegal aliens.


Attorney General Sessions can then order the United States Attorney for the Eastern District of California, Philip Talbert, to subpoena all records of illegal aliens who received California Driver's Licenses, commonly known as AB 60 driver's licenses.  Talbert should also be ordered to begin criminal proceedings against Governor Jerry Brown and Jean Shiomoto, Director of the California Department of Motor Vehicles, including indictments and arrests.

Attorney General Sessions should also move to have all the California State legislators who voted for the Sanctuary State law removed from office for violation of their Oath of Office, Article IV, Clause 3, to uphold the Constitution, and have the Sanctuary State law declared unconstitutional.

California thinks their Sanctuary State law makes them invulnerable.  California is not invulnerable. California thinks they are because the Trump Administration has let them think they are by inaction. Once the arrests start, once the raids start, and once those California legislators are removed from office for violating the Constitution, they won't feel that way.  President Trump has options, time to get in the fight!