Thursday, December 25, 2014

All Illegals Amnestied!

Jessica Vaughn from the Center for Immigration Studies is reporting that U.S. Immigration and Customs Enforcement (ICE) has begun releasing all illegal aliens without a felony conviction who entered the United States before January 1, 2014.  This includes illegal aliens with misdemeanor convictions and those arrested for felonies, but not prosecuted because ICE took custody of the illegal alien before prosecution.  The illegal aliens are also being given an Employment Authorization Document (EAD).  This despite the claim that only those illegal aliens with 5 or more years in the United States will get the EAD.  See Gateway Pundit article.  Nothing on the CIS website.

It appears that Mitch McConnell and John Boehner have either been out-maneuvered or deliberately sabatoged their attempt to stop the amnesty with a March plan to address the Department of Homeland Security budget and any restrictions on the amnesty in the March budget.  Did they plan to give Obama three months to implement the amnesty?  Most likely.

Monday, December 22, 2014

Obama Regime Administrative Amnesty Continues For Recent Illegal Entrants

One of the lies of the Obama Regime is that their deferred action program, the Administrative Amnesty, is that it is for those illegal aliens who have lived in the United States for five years or more, and specifically excludes recent illegal entrants, e.g. those who have entered the United States after January 1, 2014.  Of course, there is an obvious problem with that claim, for those illegal aliens who have been here less than five years but entered before January 1, 2014 are not eligible, if that is the correct word for an illegal program, for employment authorization, but are no more going to be deported than those who receive the illegal employment authorization.  More interesting is the situation of the illegal aliens who entered after January 1, 2014. More evidence has come to light that these illegal aliens will no more be deported than those who benefit from the expansion of the Obama Regime Administrative Amnesty.

Three stories reveal that the Obama Regime is expanding the administrative amnesty in a rolling amnesty for illegal aliens as they arrive.

The Washington Times December 21, 2014 by Stephen Dinan
Obama Sheds ‘Deporter In Chief’ Label, Oversees Steep Drop In Illegal Immigrant Removals
“The rising costs of enforcement and deportations has more to do with the policy changes that they have made, like discontinuing expedited and stipulated removal and programs like [Alien Transfer Exit Program] than it has to do with the changing demographics of the illegal alien population,” she said.

The import issue here is that expedited removal is the strongest tool in deporting recent illegal immigrants, and by the way, criminal aliens, as there is no quasi-judicial immigration court review that the illegal aliens can use to remain in the United States. Expedited removal is the process by which an arrested illegal alien is immediately deported back across the border after arrest.  Expedited removal applied to any illegal alien with 2 years or less in the United States or an alien convicted of a deportable criminal offense.

The failure of by the Obama Regime to use expedited removal on illegal aliens caught at the border, or within two years of entry, allows illegal aliens to remain to exploit the immigration courts system where corrupt immigration "judges" like Dana Leigh Marks aid illegal aliens to remain in the United States.

Two other stories have confirmed that the Obama Regime is stage managing arrests of illegal aliens at the border with the intent to allow those illegal aliens to remain.

Homeland Security Today December 16, 2014 by Amanda Vicinanzo
DHS Opens Largest Immigration Detention Facility As It Closes One Deemed Dangerous
With the spike in illegal immigration across the border of Southern Texas last summer, the Department of Homeland Security (DHS) plans to dedicate more border security resources to the prevention of illegal immigration.

As part of this effort, DHS Secretary Jeh Johnson Monday inaugurated the largest immigration facility in the country. The 50-acre detention facility—a former oil field workers’ camp in rural South Texas—will be a detention camp for female and child migrants crossing the border into the US illegally.

“Here in Dilley, Texas I am announcing the opening of a new detention center here,” Johnson announced. “This facility will begin operating in a few days. It is intended for adults who cross the border illegally with their children. It replaces the temporary facility we set up in Artesia, New Mexico for the same purpose, which is closing. This new facility is much larger. The Artesia facility could hold up to about 700 people; this one will have the capacity to hold up to 2,400 people.”

Immigrations [sic] and Customs Enforcement (ICE) officials said the South Texas Family Residential Center in Dilley is the fourth facility DHS has used to increase its capacity to detain and expedite the removal of adults with children who illegally crossed the Southwest border.

"ICE opened the temporary facility in Artesia in June as a critical piece of the government’s response to the unprecedented influx of adults with children at the Southwest border. Since then, the numbers of illegal migrants crossing into south Texas has gone down considerably," said Acting ICE Director Thomas S. Winkowski. "However, we must be prepared for traditional, seasonal increases in illegal migration. The Dilley facility will provide invaluable surge capacity should apprehensions of adults with children once again surge this spring."

Sounds like the Regime is planning to deport many recent illegal border crossers, but that is what the Regime wants the public to think.  But the truth is just the opposite.  The new detention facilities is not designed to hold illegal aliens while they are being processed for deportation, first, because centralized deportation holding facilities are not needed to quickly remove illegal aliens using expedited removal.  Expedited removal only needs the already existing processing facilities at the border, the numerous Border Patrol Stations already provide those facilities. Expedited removal processing is a quick process and fingerprinting, photographs, and paperwork take only an hour or so, then the aliens, Mexican or otherwise, are immediately returned over the land border to Mexico from one of the many Border Patrol Stations that cover the border with Mexico.


Second, the Regime claimed that the temporary facility in Artesia, NM, was needed to process the summer wave of illegal aliens who crossed in the Lower Rio Grande Valley for deportation. However, all the illegal aliens held at the Artesia facility were released into the United States.  Those illegal aliens were not deported as this blog reported.

Additional evidence that the Regime plans to process and release illegal aliens who cross the border illegally is that the Regime has announced an illegal special hiring effort for female Border Patrol Agents only.  This is obviously illegal, as male Border Patrol Agents can arrest and process female and minor illegal aliens just as well as female Agents.

El Paso Times December 6, 2014, By Vic Kolenc
Border Patrol Wants More Women Agents, Steps Up Recruitment Efforts In El Paso And Elsewhere
The U.S. Border Patrol is trying to recruit more women into its agent ranks to help deal with the influx of undocumented women trying to cross the Southwest border.
The Border Patrol on Dec. 1 issued a jobs posting aimed at women only. The application deadline is Wednesday.
"This is the first time we've had a job announcement for female agents only," said Border Patrol Agent Yesenia Leon, a spokeswoman for the agency's El Paso sector.
In October, when the agency issued a jobs posting for both men and women, only 16 percent of the applications were from women. That's why the agency decided to post a jobs announcement for women only, Leon said...
"There is a critical need for female agents. The reason is we've seen a dramatic increase in female detainees in this area. We've seen an increase of 173 percent (nationwide) since fiscal year 2011," Leon said.
In the 2014 fiscal year, which ended in October, 120,000 undocumented women immigrants were detained by the Border Patrol nationwide, compared with about 44,000 in fiscal year 2011, Leon reported. Most of that increase is due to the influx of mothers and their children from Central America, she said.
Border Patrol agents must do "pat down searches" of women detained at the border, so it helps to have women agents who can do those searches, she said.

Male Border Patrol Agents have been searching female arrestees for years.  It is clear that the Obama Regime wants these female Agents only for the processing for release into the United States this huge influx of female illegal aliens.  There is a good reason that so few women apply for the Border Patrol Agent position.  It is the most physically demanding job in law enforcement in the United States. These female Border Patrol Agents will not be arresting and deporting illegal aliens, but will be the welcoming committee for the next wave of illegal aliens, which is already upon us.

San Antonio Express December 19, 2014 by  Jason Buch and Aaron Nelsen
Border Patrol Apprehensions Increase For Third Year In A Row
For the first time in decades, most of the immigrants detained crossing the border illegally came from countries other than Mexico this year, while the total number of apprehensions climbed for the third year in a row, numbers released this week show.
Border Patrol agents caught 486,651 immigrants nationwide in fiscal year 2014, data released by the Homeland Security Department show, a 16 percent increase over last year’s 420,789.
The increase was driven largely by the unaccompanied children and families from Central America who flooded the Rio Grande Valley this spring and summer, officials said. Agents in the Valley detained nearly 50,000 unaccompanied children and another 29,000 traveling with adults.
The total number of immigrants apprehended in the Valley during fiscal year 2014 increased by about 100,000, to 256,393.

It is clear that illegal aliens have gotten the message from the Obama Regime, they are free to come to the United States and will be allowed to remain even if arrested at the border.


Friday, December 19, 2014

Mexican Official In Arizona Unwittingly Opens Up Avenue To Attack The Expansion Obama Regime Administrative Amnesty

A traitorous Mexican police chief, ostensibly an American citizen, but obviously loyal to Mexico and Mexicans, has announced that it will not enforce portions of the Support Our Law Enforcement and Safe Neighborhoods Act, an Arizona statute commonly and mistakenly referred to as Senate Bill 1070.

Star-Tribune, December 17, 2014, by Astrid Galvan , Associated Press
Tucson, Arizona, Police Say They Will No Longer Check Immigration Status In Some Cases
TUCSON, Ariz. — Tucson police said Wednesday they will no longer fully enforce the state's landmark immigration law that requires local police to check the immigration status of people they encounter while enforcing other laws.
Chief Roberto Villaseñor said his officers will now only check immigration status and call the U.S. Border Patrol when a person has prior serious felony convictions, poses a threat to national security or has gang affiliations.
The criteria was set out for federal immigration authorities in an executive order issued last month by President Barack Obama intended to prioritize offenders for deportation.
The Arizona law, SB 1070, requires police, while enforcing other laws, to question the status of people suspected of being in the country illegally.

Now, the Mexican police chief has an excuse:

Villaseñor cited a provision in the law that says police should only enforce it when it is practical. He contends it is no longer practical because immigration authorities do not respond to calls by police in the vast majority of cases.
Tucson officers have placed about 11,000 calls to the Border Patrol since July on such matters and only received 94 replies, the chief said.
"So it's really a futile effort," he said.

And he is open that this is only a rationalization, as he supports illegal immigration and massive violations of Federal law.  Note that all employees, including police officers, in Tucson take an oath to support and defend the Constitution and laws of the United States as well as that of the State of Arizona.

Villaseñor has been a vocal opponent of the law but has said he is obligated to enforce it.

Of course, he feels an obligation to enforce it, but he isn't enforcing it.

However, this opens up the Obama Regime to a challenge in court to its illegal and unconstitutional Administrative Amnesty.

In fact, the Department of Homeland Security is obliged to respond and act when contacted by State and local law enforcement regarding illegal aliens.  Title 8 United States Code (USC) Section 1226 instructs the Secretary of the Department of Homeland Security to create and maintain a system supporting State and local law enforcement in the area of immigration law.  For the uninitiated, all references to the Attorney General in the Immigration and Nationality Act (Title 8) were made applicable to the DHS Secretary by the Homeland Security Act of 2002.

Legal Information Institute, Cornell Law School


(d) Identification of criminal aliens
(1) The Attorney General shall devise and implement a system—
(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and
(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.

Furthermore, section (c) 8 USC 1226 requires the Secretary of the Department of Homeland Security to take into custody all illegal aliens.

(c) Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who—
(A) is inadmissible by reason of having committed any offense covered in section 1182 (a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227 (a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section 1227 (a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence  to a term of imprisonment of at least 1 year, or
(D) is inadmissible under section 1182 (a)(3)(B) of this title or deportable under section 1227 (a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.

Now, much has been made of a legal challenge to the Obama Regime Administrative Amnesty, as the concept of standing requires either authority to challenge the constitutionality of the law from legislation or a constitutional standing.  Generally, legislation and the Constitution requires the litigant to have suffered a harm.

In this case where the law requires DHS to respond and take custody of illegal aliens.  But DHS is not responding to its legal obligation. Congress by legislation mandated that DHS respond to State and local law enforcement who encounter illegal aliens. This gives every State and local government if it has a law enforcement function, as all do, legal standing to challenge the ongoing Obama Regime Administrative Amnesty for criminal aliens if the Regime does not respond to arrests of illegal aliens.  

This does not excuse or indemnify the RINO leadership John Boehner and Mitch McConnell from their failures and political consequences, but the reviews to date by courts show that all aspects of the Administrative Amnesty are unconstitutional. A challenge just needs a State or local government to take action, or a DHS employee to refuse to implement the Administrative Amnesty and wait upon  DHS to initiate disciplinary action, creating the injury that a litigant needs to sue on the amnesty issue.

Monday, December 15, 2014

Conclusive Evidence Immigration Enforcement Is Good For American Workers

Well, at least legal workers.  The culinary workers at San Francisco International Airport went on a one-day strike for higher wages and job security.  Most workers at SFO are legal immigrants; predominately Filipino, Mexican, and Chinese immigrants, but not exclusively. 

SFGate December 14, 2014 by Victoria Colliver
Union Eatery Workers End Strike At SF Airport
Restaurant workers at San Francisco International Airport returned to work Saturday morning, ending a two-day strike.
The strike involved as many as 1,000 workers who’ve been working without a contract for more than a year, according to the union, Unite Here Local 2. The union said the walkout prompted the closure of 80 percent of the airport’s restaurants.
“This limited walk out was intended to send a clear message,” said Jesse Johnson a bartender at the Buena Vista Café and a member of the union’s executive board, in a statement. “Workers at SFO’s restaurants are determined to win the job security protections and health care coverage we deserve. Hopefully, these restaurant companies heard that loud and clear, but we are prepared for any eventuality.”

However, what separates airport workers from the general service industry worker is that there is a de facto E-Verify program for employment at an airport.  In a little known program, U.S. Immigration and Customs Enforcement Special Victims Unit (ICE SVU) actually makes an effort in the critical infrastructure area to ensure that all workers are legal and identified.  The most prominent area of critical infrastructure enforcement is at airports.

Critical infrastructure in general, and airports in particular, are evidence that aggressive immigration enforcement and employment eligibility are essential elements in protecting American jobs and boosting living standards for legal workers.  More importantly, immigration enforcement protects wages, drives down welfare use, and alleviates poverty for workers who are on the left side of the Bell Curve.

Time to expand the experiment in immigration enforcement and employment verification from critical infrastructure to the whole United States.  The winners will be those Americans hardest hit by competition with illegal aliens.

Sunday, December 14, 2014

Latest On VDare

There’s an old saying among lawyers: “If you have the law, hammer the law. If you have the facts, hammer the facts. If you have neither the law nor the facts, hammer the table.” “Hammering the table” is an apt summary of the Obama Regime’s legal defense of its expansion of Administrative Amnesty.

We already know that the Obama Administration is violating the law even on its own terms. But it got the facts wrong too. In fact, the legal report written by Karl Thompson, Principal Deputy Assistant Attorney General at the Office of Legal Counsel, is so far off-base that it could have been written as a kind of parody. But since the Regime is serious, Thompson [Email him] needs to learn his fancy title doesn’t make him immune from accountability—and the Republican Party needs to impeach him if it is at all serious about opposing the President’s coup...[read more]

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Tuesday, December 9, 2014

Amnesty For Criminals Confirmed

This blogger identified the amnesty for criminal illegal aliens long ago, but more evidence has arisen from leakers that the Obama Regime plans a massive expansion of the amnesty for criminal illegal aliens and terrorists by not only allowing criminals and terrorists to remain, but continue to enter the United States.

Breitbart December 8, 2014 by Matthew Boyle
Leaked Docs: Usa Vulnerable To Criminals, Terrorists Entering Without Scrutiny After Obama Exec Amnesty
Under the executive amnesty immigration action from President Barack Obama, internal administration documents show the administration is considering allowing terrorists, transnational criminals, and anyone else who wants to enter or stay inside the United States to not even answer if they’ve ever been connected with a crime.
The internal Obama administration documents, obtained by Breitbart News through a Department of Homeland Security (DHS) source, include a draft application for illegal immigrants seeking to stay in the country and future prospective immigrants seeking to the enter the country.
On the draft application, applicants for “T nonimmigrant status” or for “U nonimmigrant status” are not required to answer a series of key questions about their background. T nonimmigrant visas are for people who are petitioning the U.S. government to be considered a “victim of a severe form of trafficking in person” and U nonimmigrant visas are for those seeking to be considered a “victim of criminal activity.”
Part of the president’s executive immigration action is to expand T and U visas. In order to engage in “[p]rotecting victims of crime and human trafficking as well as workers,” a White House fact sheet on the president’s executive action reads, “[t]he Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations.”

So, despite claims that the ongoing amnesty does not include criminal illegal aliens, it does.



Monday, December 8, 2014

Corrupt Hispanic Officials Protecting Each Other From Criminal Prosecution

Hispanic corruption knows no bounds.  It extends even into those Hispanics who make it onto the bench and into the District Attorney's Office.  The Lower Rio Grande Valley  has the worst offenders, and the most Hispanics.  There is a correlation between Hispanics and official corruption and misconduct.

TribTown December 4, 2014 by Associated Press
DWI Charge Against South Texas Appeals Judge Dismissed; Prosecutor Cites Lack Of Evidence
McALLEN, Texas — The case against a South Texas judge charged with drunk driving has been dismissed.
Hidalgo County officials said Wednesday there is not enough evidence to prosecute 13th Court of Appeals Justice Nora Longoria. Judge Rolando Cantu dismissed the case against her last week.
District Attorney Rene Guerra tells the McAllen Monitor that Longoria didn't appear to have slurred speech in a recording at the jail. There isn't a recording of the traffic stop.
A McAllen police officer arrested Longoria in July. Police say she refused to let officers handcuff her or to provide breath and blood tests. They say Longoria told officers they would have to drag her to the patrol car.
Longoria is represented by Democratic state Sen. Juan "Chuy" Hinojosa of McAllen. Hinojosa didn't return the newspaper's requests for comment.

However, there is no lack of evidence, only racial solidarity among corrupt Mexican immigrants and their descendants:

NY Daily News December 6, 2014 by Meg Wagner
Police Release Dashcam Video Of Texas Judge Stumbling Through Sobriety Test Month After Court Drops Her DUI Charges
Court of Appeals Judge Nora Longoria was allegedly begged for leniency during her DUI arrest in July. Last month, the District Attorney’s office said it lacked enough evidence to prosecute and another judge threw out the case. The DA said it never got the dashcam video, which showed Longoria stumble through her failed sobriety test.
A month after a Texas court threw out a DUI case against a judge because it lacked strong evidence, police released dashcam video of her arrest that showed her stumble through a sobriety test.
The new video, recorded during a July traffic stop in McAllen, showed Nora Longoria struggling to walk a straight line, Action 4 News reported. She teetered and lost her balance several times during her failed sobriety test, the video showed.
But Hidalgo County Court at Law No. 8 Judge Rolando Cantu threw out the case last month, marking "other" for the reasoning.
Hidalgo County District Attorney Rene Guerra said her office never received the dashcam tape from McAllen police.



It appears there is a conspiracy among Hispanic officials to pervert the course of justice.  Now, the proprietor of JammieWearingFools says this is all about Democrats protecting each other, which is what Democrats do, but the more obvious commonality is their last names and national origin.

Convenient for one Democrat to represent another.
These Texas Democrats sure do love to get drunk.

No, it's the corruption and drunkeness that Hispanics bring to the United States.  It's part of their culture.  Perhaps we should reconsider birth right citizenship.





Sunday, December 7, 2014

Did Police "Choke" Eric Garner to Death? No, Not Even A Choke Hold







If your in a choke-hold, you won't be able to breathe or say you can't breathe. So endeth the lesson.

Friday, December 5, 2014

Will Kizzy Adoni Get The Stacey Koon Treatment?

The Eric Garner and Rodney King incidents are, in all aspects, amazingly similar.  The most obvious similarity is the common failings of black people, their unbelievably bad judgement when confronted with police officers seeking to make a lawful arrest. This is a problem that bedevils black men like Michael Brown, Tamir Rice, and Trayvon Martin.  Blacks seem to think that fighting lots of white men with guns is a good decision.  There is no substitute for stupid. (h/t Pat Dollard)

However, the Garner case is eerily similar to the King case in that both confrontations were on video and the facts just don't support the claims by the radical left that the police acted wrongly in any manner.  Even in the King case, where a kangaroo court ended with only two out of four of the cops involved convicted of a crime, even then, the judge considered only a few of the blows King received to have been illegal.

The real question though is will the New York Police Department (NYPD) supervisors on scene get the same railroading that Sergeant Stacey Koon got.

For a refresher, Koon was the supervisor on scene for the infamous, but over-hyped Rodney King arrest.  He was not indicted and convicted for any blows delivered to King, but for failing to stop the last illegal blows.

The issue then arises, will the racist Attorney General, Eric "My People" Holder, indict the one confirmed black NYPD sergeant who supervised the arrest of Garner?

WPIX 11 July 31, 2014 by Rolando Pujol
EXCLUSIVE: Police Report In Eric Garner’s Death Conflicts With Videos, Witnesses
The police report compiled by a commanding officer in the investigation unit on Staten Island describes how Eric Garner resisted arrest. Officers Pantaleo and Justin D’Amico also claim they had to get control of Garner, but never mentioned the use of a chokehold.
“He started choking on him,” a witness said. “Like real bad.”
The report also reveals the supervising officer who responded to the scene in plainclothes, believed to be Sergeant Dhanan Saminath, arrived on the scene once Garner was down.
The sergeant said he “did not observe the perpetrator (Garner) make any statements” and “did not appear to be in great distress.”
Another female sergeant, Kizzy Adoni, made a similar statement in the report. She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”
But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.
Sgt. Saminath mentions he called EMS because Garner was having difficulty breathing, which conflicts with his earlier statement that Garner did not appear to be in great distress.

Kizzy Adoni is black.  Sergeant Saminath race is unknown, the surname is Tamil Indian in origin, Tamils, of course, are some of the darkest skinned Indians, nothing close the light skinned high-caste Aryans of northern India like Ragiv Ghandi.

Since all the officers, including Adoni, involved were immunized before the Grand Jury, it would be very difficult for the Department of Justice Civil Rights Division (CRD) to charge any of those officers. There would be near insurmountable obstacles for CRD to charge any of the officers since there would have to be a Chinese wall between the prosecuting Trial Attorneys from CRD and the local Assistant United States Attorney assigned to the case, as those attorneys and the assigned FBI agents would have to investigate the case from the begining without having any "knowledge" of any statement by those officers and sergeants, which would be nigh near impossible, as cross-contamination by their immunized testimony would taint most interviews.

Consequently, Holder would be forced to either immunize Adoni again, or charge her, as charging just the one officer, Daniel Pantaleo, who applied the take-down technique, would be impossible as one of his defenses would be that he acted to make the arrest at the direction of Sergeant Adoni, who failed to stop him from using the NYPD approved take-down technique nor instructed him to stop using the technique if it was an unapproved, and not illegal, for the record, choke-hold.

If Stacey Koon went to jail for failing to stop the final 6 baton blows on King, then if Pantaleo is indicted, then Adoni must be indicted, or she gets called as a defense witness that blows the case out of the water.

And if her testimony to the Grand Jury is reported correctly:

She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”

Then Pantaleo walks, with egg all over Eric Holder's face, as well as that of the assigned AUSA and the CRD Trial Attorneys.  One thing to know about both, no AUSA or CRD Trial Attorney of any skill will take a loosing case.  So not only must Eric Holder indict a black woman, which blows the "hundreds of years of racism" narrative, it eviserates the basis for a civil rights charge, 18 United States Code, Section 242, Deprivation of Rights Under Color of Law:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year...

With Adoni in the mix, either as a witness or as a defendant, the basis for the charge is gone, for Adonis is locked in with her testimony to the Grand Jury, testimony that the take-down was legal and Garner had not problems well after the handcuffing was completed and it would be near impossible to prove Adoni and Saminath were hostile to black people.  And any responsibility for not administering first aid, CPR, or delay on requesting paramedics is hers and Saminath's as they were the supervisors on scene, not Pantaleo's.

Of course, this is all based on knowledge that Garner was in distress before he became unconscious, long after the take-down technique was stopped.

But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.

If you can talk, you can breathe.  Garner was shouting during the arrest, while supposedly in a choke-hold, and talking long after he was handcuffed.  It is clear that Garner's obesity and other health problems caused his death.

So, will Eric Holder indict the ham sandwich Sergeant Kizzy Adoni? Unlikely, but it could be done as CRD is well known for their dishonesty and bringing false charges.  Let's see if Eric Holder goes after one of his people.

Sunday, November 30, 2014

ICE SVU: Not Arresting Illegal Aliens But Worried About Counterfeit Toys This Christmas

One of the rationalizations for the ongoing and expanded Obama Regime Administrative Amnesty is that U.S. Immigration and Customs Enforcement (ICE) can only find and deport 400,000 illegal aliens a year.  That is, of course, a lie, and they aren't even making that number, only 100,000 illegal aliens were deported this year by ICE.  So, there is a reason we have 25 million illegal aliens, ICE SVU is not doing their job.

The Washington Times November 25, 2014 by Associated Press
Officials Warn Shoppers About Counterfeit Goods
BOSTON (AP) - Authorities are warning consumers to be wary of counterfeit products that flood the market in stores and online shopping sites during the holiday season.
Federal agencies will be conducting increased operations during the holiday season targeting the importation and distribution of counterfeit products.
Bruce Foucart, special agent in charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in New England, said counterfeit products include everything from prescription drugs to headphones, sports jerseys, toys, luxury goods, shoes and perfumes.
Foucart urged caution before ordering products online or buying something with a price that seems too good to be true. He added that consumers should make sure there is a secure way to pay for an order on a website to make sure their personal financial information isn’t put at risk.

If Bruce Foucart was doing his job, there would be fewer illegal aliens, but that is not the purpose of ICE SVU.  They don't want to arrest illegal aliens.

Saturday, November 29, 2014

Latest On VDare

Obamnesty’s Internal Contradictions— Its Own Logic Makes It Illegal

Barack Obama’s Executive Amnesty (“Obamnesty”) is treasonous—but it’s also illegal by its own logic. The only reason Obama can get away with it is because the Main Stream Media is celebrating an executive abuse it would never tolerate from a Republican President...

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Amnesty Extended To Illegals Recently Arrested

Lost in the controversy of the recent expansion of the illegal and unconstitutional Obama Regime Administrative Amnesty, is the expansion of that amnesty to more recent illegal aliens, the children and women who flooded the border this summer in the Lower Rio Grande Valley.  The Obama Regime has closed detention facilities and released all the illegal aliens arrested into the United States.

The Washington Times November 18, 2014 by Stephen Dinan
Artesia Mayor: 95 Percent Of Families Of Illegals Being Released
Almost all of the illegal immigrant families traveling from Central America to the U.S. are being released from the special facility meant to hold them in New Mexico, according to the mayor of the town where the special facility is located.
Mayor Phillip S. Burch told KSVP radio in Artesia, New Mexico, last week that the releases defy Homeland Security Secretary Jeh Johnson’s own pledge in July to make sure those who ended up at the facility were quickly deported from the U.S.
Instead, of 82 illegal immigrants released in one week earlier this month, 77 were let go into the U.S., and just five were deported, Mr. Burch said, citing numbers from his weekly briefing with Immigration and Customs Enforcement officials who run the facility.
“That seems like the way the numbers have gone over the past 6 weeks,” the mayor said in the radio interview. “The past six weeks [have seen] a 95 percent release rate.”
“I keep thinking of Secretary Johnson’s comments when he visited here in July, when it was first starting to get going. He described Artesia as going to be a ‘rapid deportation’ site,” Mr. Burch said. “Now you have a 95 percent rate of release, which says to me this isn’t happening just by accident — that this administration plans to basically do a big amnesty announcement, and so, yeah, get ‘em all released in here, and they’ll all get amnesty, and they’ll all stay.”

Despite Obama and Johnson's promises to quickly deport the flood of juvenile illegal aliens and family groups, those illegal aliens are beneficiaries of the Obama Regime Administrative Amnesty. Note that these illegal aliens entered in the summer of 2014, while ostensibly, the expansion of the Administrative Amnesty announced recently was limited to those who entered before January 1, 2014, or January 1, 2010, depending on the whim of the Department of Homeland Security.

Sunday, November 23, 2014

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

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


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


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

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

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

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

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

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

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

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

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

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

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

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


Sunday, November 16, 2014

Mendacity Motivates The War On The Border Patrol

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It's Jaime Zaldaña, confessed illegal alien.




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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Saturday, November 15, 2014

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

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

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

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

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

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

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

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

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




War On The Border Patrol Continues: Latest Up On VDare

My latest on VDare:

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

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

Contribute to VDare here.

Sunday, November 9, 2014

How To Stop The Obama Regime Administrative Amnesty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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