Saturday, March 25, 2017

Treason Bar Sets Their Sights On Expedited Removal

Expedited Removal, the legal and due process used to remove certain classifications of illegal aliens has been targeted by the Treason Bar and the usual suspects. After the milquetoast Secretary of the Department of Homeland Security John Kelly announced new initiatives and rollbacks of certain Obama Regime Administrative Amnesty policies, it came to the attention of the Treason Bar that Secretary Kelly had the intention of fully implementing all the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)which created Expedited Removal.  It should be plainly stated that Presidents Clinton, Bush, and Obama failed to fulfil their duty to see that Expedited Removal was fully implemented.  All three Presidents administered their own Administrative Amnesty on the issue in violation of their Oath of Office to see that the laws of the United States were faithfully executed.

Because of this constitutional failure, President Trump and Secretary Kelly have decided to see that IIRIRA will be fully implemented, including Expedited Removal.  The Treason Bar has declared that to be unacceptable and the Treason Bar is now judge shopping to see that the expansion of Expedited Removal is stopped.

The Trump administration’s plan for putting hundreds of thousands of recent migrants in the country illegally onto a fast track for deportation is likely to trigger the next major legal battle over immigration enforcement...
But the administration’s efforts to step up immigration enforcement and streamline deportation — outlined in memos from Homeland Security Secretary John F. Kelly — could affect far more people, including potentially most of the estimated 11 million immigrants living illegally in the United States.
One part of that effort — the expanded use of what the law refers to as expedited removal — is almost certain to face a constitutional challenge in the courts.
[Trump's Fast-Track Deportations Face A Legal Hurdle: Do Unauthorized Immigrants Have A Right To A Hearing Before A Judge?, by David Savage, LAT, March 22, 2017]

Sounds like David Savage is an advocate, not a reporter.  Contact him here.

To speed up deportations, Kelly proposed to use expedited removal, with no hearings before a judge, for those immigrants who cannot prove they “have been continuously present in the United States for a two-year period” prior to their arrest. The new procedures would not be limited to border areas and could be used to deport immigrants living in the interior of the country.
Kelly said the law since 1996 has authorized the government to “remove aliens expeditiously,” and he said his agents “shall make full use of these authorities.”
Immigrants rights advocates voiced alarm. The American Immigration Council said this approach means a Homeland Security agent “operates as prosecutor and judge and often arrests an individual and orders him or her deported on the same day...” 
Civil liberties lawyers also call that proposal unconstitutional, and they expect to sue if the Trump administration puts the new policy into effect.
“We believe ‘expedited removal’ fails to afford a meaningful opportunity to defend oneself, and that, whatever its validity when employed at the border, it would be unconstitutional as applied to those living among us who are entitled to full due process protection,” said David D. Cole, national legal director for the American Civil Liberties Union.

And they will be hanging their hats on "due process of law." Which appears to mean a right of appeal to the Supreme Court.

The Supreme Court has repeatedly said that immigrants, even those who are here illegally, are protected by the Constitution’s guarantee of due process of law...
But how much process is due for immigrants who entered illegally or overstayed their visas remains “a gray area,” said UCLA law professor Hiroshi Motomura.
“It’s possible that a court might find that a full immigration court hearing isn’t constitutionally required,” he said. But it is also possible “that a single field agent making the decision is constitutionally deficient.”

Embarrassingly, the "law professor" and the Treason Bar wailing that one immigration officer can deport someone is without basis in fact.

The process of Expedited Removal, or ER as it is commonly referred to by DHS employees, is not one person making a decision, but three, at least "single field agent" making the finding, then a review by two levels of supervisor.

And here it is in writing, the actual procedure followed by an immigration officer of any component of DHS:

(2) Determination of inadmissibility. (i) Record of proceeding. An alien who is arriving in the United States, or other alien as designated pursuant to paragraph (b)(1)(ii) of this section, who is determined to be inadmissible under section 212(a)(6)(C) or 212(a)(7) of the Act (except an alien for whom documentary requirements are waived under § 211.1(b)(3) or § 212.1 of this chapter), shall be ordered removed from the United States in accordance with section 235(b)(1) of the Act. In every case in which the expedited removal provisions will be applied and before removing an alien from the United States pursuant to this section, the examining immigration officer shall create a record of the facts of the case and statements made by the alien. This shall be accomplished by means of a sworn statement using Form I-867AB, Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act. The examining immigration officer shall read (or have read) to the alien all information contained on Form I-867A. Following questioning and recording of the alien's statement regarding identity, alienage, and inadmissibility, the examining immigration officer shall record the alien's response to the questions contained on Form I-867B, and have the alien read (or have read to him or her) the statement, and the alien shall sign and initial each page of the statement and each correction. The examining immigration officer shall advise the alien of the charges against him or her on Form I-860, Notice and Order of Expedited Removal, and the alien shall be given an opportunity to respond to those charges in the sworn statement. After obtaining supervisory concurrence in accordance with paragraph (b)(7) of this section, the examining immigration shall serve the alien with Form I-860 and the alien shall sign the reverse of the form acknowledging receipt. Interpretative assistance shall be used if necessary to communicate with the alien...
(7) Review of expedited removal orders. Any removal order entered by an examining immigration officer pursuant to section 235(b)(1) of the Act must be reviewed and approved by the appropriate supervisor before the order is considered final. Such supervisory review shall not be delegated below the level of the second line supervisor, or a person acting in that capacity. The supervisory review shall include a review of the sworn statement and any answers and statements made by the alien regarding a fear of removal or return. The supervisory review and approval of an expedited removal order for an alien described in section 235(b)(1)(A)(iii) of the Act must include a review of any claim of lawful admission or parole and any evidence or information presented to support such a claim, prior to approval of the order. In such cases, the supervisor may request additional information from any source and may require further interview of the alien.
[8 Code of Federal Regulations Sec. 235.3 Inadmissible Aliens and Expedited Removal, Service Law Books, DHS] 

The Code of Federal Regulations (CFR) are the regulations created for each Federal law, the mirroring the appropriate United States Code section on which they are based.  In this case 8 CFR 235.3.  And while only one supervisor is mentioned in the regulations, in practice, all ERs are verbally approved by a second line supervisor as well before the removal is executed.

And this is the due process of law that illegal aliens are receiving now.  Note how the Treason Bar appeared to be conceding that illegal aliens caught at the border might be constitutionally subjected to ER, but other illegal aliens should not be.  Basically the Treason Bar is claiming that the further from the border you are and the longer you remain uncaptured, the more "due process of law" you deserve. That is quite ridiculous.  Due process of law should be the same for each class of aliens.  In this case, aliens with no legal status should have the same due process of law, mere administrative review by a first or second line supervisor. Further appeals have no purpose other than to gum up the works, as certain Mexican politicians are planning.

There is no need for any outside review of any claim by an alien unlawfully present.  Only those admitted in a classification giving the alien the right to remain in the United States on a permanent basis; e.g. legal permanent residents, asylees, and refugees, should have any appeal rights to either an administrative system, such as was the norm before 1983, or the Executive Office for Immigration Review (EOIR), the immigration courts, created by administrative fiat in 1983, another reason to criticize Ronald Reagan.

What President Trump should seek is an expansion of Expedited Removal by legislation, then use his administrative authority to close down the EOIR, and recreate the position of Special Inquiry Officer (SIO) to review and adjudicate appeals of removal orders.  In doing so, he will clip the ambitions of EOIR immigration judges, placing them firmly under the control of the Attorney General, or better yet, the Secretary of DHS, with the authority to appoint and remove SIOs at the Secretary's pleasure. Aliens would still have the right to use an attorney to represent himself, but under stricter discipline, the SIOs would be prevented from generally sabotaging immigration hearings as immigration judges do now by repeatedly rescheduling hearings and be required to make decisions immediately after hearing the alien's appeal.  Instead of appeals taking years, they would take no more than a day, but most would be done in hours.  Giving then SIOs the title of "immigration judges" and the permission to wear judicial robes was a major blunder.  Such trappings of judgeship gave these officials delusions of grandeur, which has resulted in ambitions of power and prestige that was inappropriate for a person reviewing the minor facts about a deportation case and alienage.

Time for President Trump to put the minor kritarchs of the EOIR out of business and streamline the immigration appeals system.

Thursday, March 23, 2017

NR's Mona Charen Goes Cultural Marxist On Those Who Oppose Illegal Aliens

Well, National Review has decided to go full Cultural Marxist on amnesty and illegal immigration.  After Heather Wilhelm repeated the Kevin Williamson excuses for illegal immigration and laughable claims about the border fence, Mona Charen, the always dependable leftist at NR, has gone and repeated every left wing talking point and lie about illegal aliens and crime. She even defends by implication letting the illegal alien rapists of a 14 year old girl at the Montgomery County school in the United States as the cost of cheap labor.  Subtitled "We’re against emotionalism, except when we’re not," Charen plays the classic "I'm the moderate, reasonable conservative in this conversation" virtue signalling New York City leftists, apparently so she can continue to get those dinner invitations.

It’s a shame then, that so many conservatives are disregarding the virtues they laud in Gorsuch — prudence, careful weighing of facts, refusal to be swayed by emotional appeals — when it comes to a disturbing story of a rape in Maryland.
[Good, Bad, and Emotional Arguments about Immigration, by Mona Charen, NR, March 22, 2017]

You see, it is only those troglodytes at Breitbart or on Twitter that are emotional about the rape and sodomization of a 14 year old girl by two illegal aliens, one of them obviously too old to be a freshman in a high school.  But that is how Never Trumpers role.  Any issue, including child rape, is to be supported if Donald J. Trump opposes it.  Talk about an emotional rather than prudential response.  One gets the feeling that Charen just doesn't like Americans that much.

Charen has become increasingly unbalanced since the rise of Donald J. Trump and this screed is not surprising.  She becomes a cold hearted witch further in:

Emotional reactions to heinous crimes are completely understandable, but as Judge Gorsuch has properly reminded us, our feelings are not a good guide to justice. Neither are they a prescription for sensible policy. Quite the opposite.

Then she goes from the disgusting to the mere deluded, claiming illegal aliens are better than Americans, since their crime rate is much lower than your average American.  She does not note that American crime statistics are skewed high by predominately black crime. Now pointing that out would certainly end invitations to Manhattan cocktail parties.

There are good and bad arguments against immigration. I am sympathetic to some restrictionist points, but smearing immigrants as out-of-control criminals is shameful. High rates of immigration, legal and illegal, are not associated with spikes in crime. In our recent history, between 1990 and 2013, the illegal immigrant population in the U.S. more than tripled to 11.2 million. Yet FBI data indicate that the violent-crime rate declined by 48 percent during those years. This included violent crimes like aggravated assault, robbery, rape, and murder. Rates of property crime fell by 41 percent, including declining rates of motor-vehicle theft, larceny/robbery, and burglary. As a survey by the Cato Institute shows, immigrants — both legal and illegal — are less likely to be incarcerated than native-born Americans. And when you exclude those illegal immigrants who are jailed for immigration offenses (i.e., just for being here illegally), the numbers really plunge. 

Of course, you have to ignore the inconvenient immigration related crimes by illegal aliens, which she appears to presume is merely the crime of illegal entry, but does not mention that explicitly.  She does not even think some of those illegal entry crimes are by re-entry by felon or re-entry after a deportation, crimes much more serious that a single illegal entry, so much so that the second crime is punishable by up to 20 years in prison.  In fact, every illegal alien is a criminal, except minors, in that illegal entry is a crime, either by entry without inspection (EWI) or by fraud during inspection and admission.

This myth of the law abiding illegal alien that Charen holds so dear is that, a myth, and something that the radical left loves to claim, like when they claim there are more white American terrorists than Muslim terrorists, usually with the caveat "since 9/11," as if 9/11 was something out of the normal for Muslims.  Similarly Charen says illegals are more law abiding, if you ignore that part that makes them illegal. Charen is part of the Blame America First crowd and the actual evidence of illegal alien crime is quite strong.  Ann Coulter, among others, has debunked Charen's claim not only in her book, Adios America but in this convenient video as well:

The Center For Immigration Studies also debunks the myth of the law abiding illegal alien:

All of these illegal alien apologists acknowledge in one way or another that up to 75 percent of illegal aliens routinely commit multiple felonies by using fraudulent documents in order to get jobs and that eight million of 11 million illegal aliens could be deported for crimes that they commit — forgery, Social Security fraud, perjury on I-9 forms, and even identity theft. All of these are felonies. Despite this, the Wall Street Journal, through fake-news story after fake-news story, continues to deny that illegal aliens commit crimes and continues to push the myth that illegal aliens are law-abiding.
Thus, in order to perpetuate the myth of the law-abiding illegal alien, the Wall Street Journal is forced to distinguish between "serious crimes" and "not serious crimes."
Exactly how the Journal does this is unclear, but it may be that if someone commits a violent act against a Wall Street Journal editorial writer that would be considered a "serious crime." However, if an illegal alien uses "illegal documents" with the personal identifying information of an American child, that would not be a serious crime, as long as it wasn't the editorialist's child, even though the American child's credit could be destroyed, her medical records could be corrupted with life-threatening consequences, arrest records and criminal convictions could be attached to her Social Security number, and she could be denied means-tested benefits.
[Illegal Alien Crime Deniers: Wall Street Journal, By Ronald W. Mortensen, CIS, March 18, 2017]

Charen doesn't get out of the Manhattan elite bubble and is not intellectually curious to know that the scholarly work on illegal alien crime is not as clear cut as she claims.

Illegal immigration and crime became a hot topic this election cycle as soon as Donald Trump burst into the Republican primary with his call to build a wall to keep criminal illegal aliens out of the country. Such policy discussions have fallen by the wayside as the election cycle morphed into a mudslinging fight of personal insults and accusations of sexual assaults, but the link between illegal immigration and crime is still worth discussing, especially since Trump's initial highlighting of the issue fueled his rise.
[9 Things You Need To Know About Illegal Immigration And Crime, by Aaron Bandler, The Daily Wire, October 22, 2016]

And the most trenchant reason is that the government is deliberately not telling us about illegal alien crime:

1. Federal, state and local governments keep data involving illegal immigration and crime out of the public purview. Fox News reported in 2015 that a source from Immigration and Customs Enforcement (ICE) said "that comprehensive statistics on illegal immigrant crime are not available from the federal government, and suggested contacting county, state and federal jail and prison systems individually to compose a tally, a process that would encompass thousands of local departments."
Former Department of Justice attorney J. Christian Adams also told Fox News that some states do readily track illegal immigration and crime, but they withhold the specific numbers from the public out of fear of backlash from the federal government or for political purposes.

So while there may be some debate about illegal alien crime, Charen, for some reason, categorically states there is no problem.  Why? Most likely it is Trump Derangement Syndrome, that something many NR pointy headed intellectuals suffer from.  And they just don't really care about the real American victims of alien crime.  To elites like Charen, you have to break a few eggs to get cheap domestic labor, and maintain your viability and spot on invitation list among the Radical Chic set on the Upper West Side.  Those eggs are raped and murdered Americans.

Brown Run Border, Hispanic Corruption At DHS Continues

Hispanic corruption in the Department of Homeland Security (DHS) continues to accelerate.  And the corruption is spreading from the most impacted component, U.S. Customs and Border Protection's two main sub-components, the U.S. Border Patrol (USBP) and the Office of Field Operations. Corruption among Hispanic Border Patrol Agents and CBP Officers is rampant and a feature, not a bug of immigration and diversity as this writer has exposed as the Brown Run Border.  Now the corruption is spreading to the more "elite" components of DHS, U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI).


INLAND EMPIRE, Calif. (KGTV)--A U.S. Immigration and Customs Enforcement (ICE) special agent from Murrieta was arrested yesterday on charges he helped a foreign national illegally enter the country. 
Felix Cisneros, 42, made his first court appearance Thursday afternoon but was not asked to enter a plea. He'll be released from custody on $300,000 bond tonight.
Cisneros is a 10-year veteran with Homeland Security Investigations in the Inland Empire is accused of allowing a Mexican national who had left the U.S. re-enter the country through Los Angeles International Airport on September 7, 2013 after being asked to do so by the leader of a criminal organization based in Southern California.
[ICE Agent Arrested For Helping Inadmissible Mexican National Into U.S. At LAX, by Sandy Coronilla, KGTV News 10, March 23, 2017]


A former Immigration and Customs Enforcement officer was convicted on multiple counts of bribery, including accepting money and sex in exchange for work authorization papers.
The New Jersey man, Arnaldo Echevarria, worked as a deportation officer and committed the offenses between 2012 and 2014, reported. He is charged with making false statements to a jury, harboring an undocumented immigrant, and seven counts of bribery. He was indicted last month.
Echevarria, 39, allegedly accepted up to $75,000 in exchange for getting work authorization for people in the country without proper documentation. He said the people had been granted temporary protected status, which is only available to people who are fleeing armed conflict and other emergency circumstances.
[New Jersey ICE Officer Accepted Sex In Exchange For Work Papers, by Teresa Welsh, McClatchy/, March 11, 1017]

When a population from a corrupt and backward society are brought in wholesale to the nation, massive crime problems a consequence.  And when that corrupt population are brought into government, honesty and integrity in government suffers.  Compound that with affirmative action, and the result is an immigration law enforcement agency that is populated by the corrupt population that was brought in and their progeny.

Wednesday, March 22, 2017

Heather Wilhelm Goes All Kevin Williamson On The Border Wall On Behalf Of Illegal Aliens

Just when you thought that the #cuckservatives at NRO had accustomed themselves to winning with Donald J. Trump and joined in the fight against illegal aliens, they go all in with the Democrat talking points.

Heather Wilhelm, Enabler Of Illegal Immigration

Some readers may remember my run-in with NRO's chief #cuckservative and illegal alien cheerleader Kevin Williamson when he was triangulating with Obamaism.  When I exposed his support for Texas supporting illegal aliens being educated and employed in Texas, as well as ridiculing the border wall, he had an effeminate case of the vapors. And he snarks at the border wall, claiming no illegals there as that is where rattlesnakes go to die. [The Forms Of Kanly Shall Be Observed, by Federale, VDare, October 1, 2011 and NRO, RINOs, Illegals And Amnesty, by Federale, VDare, September 25, 2011]  You can also see the smack down's given to Williamson and the #cuckservatives that followed with other VDare writers.  [Kevin Williamson and NRO vs. Federale (And The American People), by James Fulford, VDare, September 28, 2011 and  NRO`s Jay Nordlinger: Patriotic Immigration Reformers “From The Fever Swamps.”, by Patrick Cleburne, VDare, March 14, 2011]

Kevin Williamson, Who Spends Too Much Time At Chipotle

Williamson also gives us the old Democrat laugh line, are you going to build it in the middle of the Rio Grand?  Well, Heather Wilhelm brings up that old line in opposition to a border fence.

Here things get goofy: Where will the river portion of the wall go? On the Texan side of the Rio Grande, effectively blocking off river access and views? Down the middle of the river, just to be fair? Right through a hidden gem of a national park, which borders two massive Mexican conservation tracts and boasts daunting natural boundaries on either side?
[Trump’s Wall Meets Texas’s Biggest National Park, by Heather Wilhelm, NR, March 22, 2017]

Wilhelm pathetic laugh line is part of a larger screed against the wall and by implication immigration law enforcement.  Her main theme is that a wall will ruin the Big Bend National Park.  Strange to single out the Big Bend portion of the wall for such criticism when most of the wall will be built along the other 1,500 miles of the border with Mexico, most of which is neither scenic nor difficult to build on.  The Big Bend Park is the most inaccessible and most difficult part of the border to cross, the Rio Grand had created a miniature Grand Canyon there, with the river deep in ravines dug over the eons into soft and dangerous to climb sheer walls.  Not many illegals will be trying to cross there. Which makes Wilhelm's concern so curious.

Curious because she then claims the wall can't be built because of concerns over eminent domain. Apparently that is another excuse for not building the wall.  Property owners will tie up the project in the courts.  Well, unlikely.  The private property on the Texas side of the Rio Grand is for the most part worthless.  Most is covered in dense cottonwood trees, other scrub trees, and bushes.  Houses built there are mostly abandoned and used now for drug and illegal alien drops.  I doubt that Wilhelm has ever been to Rio Grand border in the areas such as Laredo, El Paso, McAllen, and other small towns.  But she does not have to.  She can just view the many seasons of Border Wars broadcast on the National Geographic Channel. There she can see that the property on the border is essentially worthless.  Consequently, property values are low.  All the Department of Homeland Security (DHS) lawyers have to do is review property tax records that will show the the minor cost of just compensation required by the Constitution.  Most property owners will be happy to sell to the Federal government as illegal alien and drug smuggling have made the Rio Grand area unlivable and property valueless.

Which brings us back to Wilhelm's motivation for this piece repeating Democrat talking points: a border wall is ugly, the border wall is bad for the environment, the border wall can't be built because of oppressed property owners of color.

Well, besides being loser #cucks who surrender to the Democrats even after winning.  Wilhelm probably is in the thrall of the Slave Power, just as Williamson is with his support for the Chipotle Business Model, hiring illegal aliens, or is an infiltrator; a leftist who really wants to elect a new people, which would explain her parroting factless Cultural Marxist talking points.

It is time for NR to shut down.  If they won't fight for America by building a fence, they serve no purpose.  Let those who love America like she was, as President Trump does, take over the fight. Wilhelm and Williamson can go to hell, for I will go to Texas, and build that wall.  Davy Crockett was a patriot, too bad Wilhelm and Williamson aren't.

Monday, March 20, 2017

President Trump About To Surrender On A Refugee Bad Deal?

It appears that someone has got to President Trump.  The deal concerning Muslim refugees on the independent island nation of Nauru that was foisted upon the United States by Barack Hussein Obama a deal that then President-Elect Trump denounced, appears to be going through.  Just over one month ago I reported that President Trump appeared to be successfully using a judo move on the kritarchs that were trying to impose Muslim terrorist refugees on the United States.  President Trump had removed U.S. Citizenship and Immigration Services (USCIS) personnel from Nauru and Australia, consequently check-mating moves by the kritarchs and the refugee lobby.  I also pointed out that was a strategy to use on a larger scale: remove all USCIS and Department of State personnel assigned overseas to process refugees.  No employees overseas to do the job, then no refugees would be able to come to the United States.  Another Trump victory.  [Trump’s Options In The Refugee War With The Kritarchs–The Executive Branch Can Refuse To Process The Refugees, by Federale, VDare, February 16, 2017]

However, that was not to be.

CANBERRA, Australia (AP) -- U.S. security officers have begun fingerprinting refugees held on Pacific islands in the final stage of assessing who will find new lives in the United States, asylum seekers said Monday.
Department of Homeland Security officers are taking biometric details from refugees on Nauru, including fingerprints, heights and weights, according to a document circulated among asylum seekers and provided to AP by Mehdi, a refugee on the island nation who for security reasons did not want his family name published.

U.S. officials began scheduling appointments with asylum seeker families on Nauru from Monday, Mehdi said.

[US Officials Begin Fingerprinting Refugee Families On Nauru, by Rod McGuirk, AP, March 20, 2017]

However, there is time to stop this bad deal:

If refugees pass the initial fingerprint security screening, they will have face-to-face interviews with Homeland Security officers in Nauru or Papua New Guinea, the document said.
Refugees had been given no indication of how long the security vetting process would take, Mehdi said.

Contact the White House and let President Trump know his first instincts were correct. (202) 456-1111  Or tweet him:

Apparently "extreme vetting" has been promised, but unlikely it includes the only real method of extreme vetting, a polygraph examination.

Sunday, March 19, 2017

Another Illegal Alien Intimidates President Trump

Again, using the #LyingPress and Democrat politicians, an illegal alien has been able to intimidate the Trump Administration, or, more likely, the weak kneed John Kelly, who isn't a Jumping Joe Swing. Elvira Arellano, well known illegal alien, who was over one year ago, allowed to re-enter the United States despite two previous deportations.

Elvira Arellano, The Illegal Alien Who John Kelly Won't Deport

An immigration judge extended parole Wednesday for twice-deported Mexican activist Elvira Arellano, who famously took refuge in a Chicago church when she faced removal in 2006.
Arellano’s probation for violating immigration law was set to expire Wednesday, but the legal victory will allow her and her 3-year-old Mexican-born son Emiliano to remain in the country for another year alongside her U.S.-born son, 18-year-old Saul Arellano.
[Immigration Activist Granted Yearlong Reprieve From Deportation, NBC Chicago, March 15, 2017] 

And in typical fashion, the #LyingPress gets basic facts wrong.  Arellano's parole was not extended by an immigration judge, but by administrative fiat by U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).

Something that the reporter eventually mentions in the story for some reason.

All three arrived for her first meeting at the Immigration and Customs Enforcement office in Chicago under President Donald Trump’s administration, hoping for either relief through political asylum, or an extension of her current status. 

Can't the media get even the basic facts correct?

While she was not granted asylum, she was given a one-year reprieve from being deported, yet again, as her case continues to be reviewed.
“ICE did not take action at this time because her immigration court proceedings are still pending,” the immigration agency said in a statement. 

The real question is why did ICE ERO renew her parole in the United States under the new administration of Donald J. Trump.  Arellano was only allowed in the United States because of the personal intervention of then President Barack Hussein Obama.  There was no legal basis to parole Arellano into the United States.  She could have submitted an application for refugee status from Mexico.  Her claim was, of course, ridiculous on the face of it.

In any event, ICE ERO should have immediately revoked the parole and reinstated her previous deportation order.  However, someone in the Trump Administration decided to continue Arellano's public flouting of the immigration laws of the United States.  Who is it?  John Kelly, our nation's eyes turn to you, and not in a good way.

Wednesday, March 15, 2017

Kritarchs Strike Again

The judicial dictatorship, kritarchy, is here and it's not just the usurpation by the courts regarding the second version of the President Trump order on excluding certain aliens, which is bad enough.  Another Federal judge, in fact not even a judge, but a lowly magistrate, has taken it upon himself to begin the process to judicially impose the Deferred Action For Childhood Arrivals (DACA) on the nation.  And I did warn my readers and President Trump about both the kritarch and DACA menace to society.

SEATTLE – A federal magistrate recommended Tuesday that the case of a Mexican man who was picked up by immigration agents near Seattle despite participating in a federal program for those brought to the country illegally as children remain in federal court and not in immigration court. The judge also declined to immediately release 24-year-old Daniel Ramirez Medina while the case proceeds.
U.S. Magistrate Judge James P. Donohue denied the Justice Department’s request to dismiss the case brought by Ramirez, saying arguments that his constitutional rights were violated should be heard in U.S. District Court. Lawyers for Ramirez say his rights were violated with his February arrest and detention because Ramirez is a current Deferred Action for Childhood Arrivals program recipient.
Government attorneys had argued that under federal immigration law, Ramirez could challenge his detention in immigration court, a system within the Justice Department. But Donohue said Ramirez’s claims are “independent of his removal” from the country.
[Judge Denies DOJ Request To Dismiss Seattle ‘Dreamer’ Case, by Lisa Baumann, Spokesman Review, March 14, 2017]

Kritarch Junior James Donohue

This is in fact revolutionary, and presages an attempt by kritarchs on the Federal bench to seize control of the immigration process from Congress and the Executive Branch.  Much like the decisions in the two travel bans, Magistrate Donohue's decision has no basis in law.  In the case of immigration arrests, aliens cannot challenge the arrest, but only being held in custody, and that through the Executive Office for Immigration Review (EOIR), though in recent days other Federal courts have interfered with such decisions.  The judges of the EOIR are generally quite generous with bonds, which explains why so few illegal aliens appear for their deportation hearings.  However, the initial arrest is never challenged in Federal court.  The facts of the case are then argued before the EOIR in a hearing to determine alienage or removability, e.g. whether the person in question is an alien and if that alien can be deported.  The alien can claim he is not an alien, e.g. is a U.S. citizen, or more likely admit alienage, and claim lawful presence, or claim some sort of relief from deportation.

Basically, Magistrate Donohue is setting the groundwork for sending all immigration cases to Federal Article III courts rather than the administrative law process at the EOIR, something that the Treason Bar has long sought.

And other judges have not been shy at claiming authority over other aspects of immigration law assigned by Congress to the Executive Branch.

A Federal judge on Friday blocked President Donald Trump's administration from enforcing his new travel ban against a Syrian family looking to escape their war-torn homeland by fleeing to Wisconsin.

The ruling likely is the first by a judge since Trump issued a revised travel ban on Monday, according to a spokesman for the Washington state attorney general, who has led states challenging the ban.

[Judge: Revised Trump Ban Can't Be Enforced On Syrian Family Trying To Flee To Wisconsin, by Todd Richmond, AP/Chicago Tribune, March 10, 2017]

Worse yet, those family members are outside the United States and the judge's order includes instruction to begin processing the application.

After the Trump ban was blocked the first time, the approval process restarted for the Syrian family and they're now preparing to travel to Jordan for visa interviews at the U.S. embassy, the last step before U.S. customs officials decide whether to issue them visas. But the family doesn't have dates for the interviews yet and Trump's new travel ban goes into effect March 16, stirring fears that the process could halt again before visas are issued, according to the Syrian man's attorneys.

Note that though they are allegedly in such danger, they did not flee Aleppo to refugee camps in Jordan, but they remained, for about 3 years.  Why, because their claim is fraudulent.

Kritarch William Conley

But the real import is that decisions about what the reporter ignorantly calls visas, are in fact derivative asylum applications, not visas, are solely within the discretion of the Executive Branch, as recently reinforced by a Supreme Court decision.

The justices in the majority gave two separate reasons. Justice Antonin Scalia said the wife did not have a constitutional right to sue on behalf of her husband, who is not a U.S. citizen. She claims this "deprived her of her constitutional right to live in the United States with her spouse. There is no such constitutional right," he said. Chief Justice John G. Roberts Jr. and Justice Clarence Thomas agreed.
Taking a narrower approach, Justice Anthony M. Kennedy said the wife may have such a right, but officials had given her a sufficient reason for barring her husband. The government  "satisfied due process when it notified Din's husband his visa was denied under the immigration's statute's terrorism bar," he wrote. Justice Samuel Alito agreed, making a majority.
[Fremont Woman Loses Supreme Court Appeal To Get Visa For Afghan Husband, by David Savage, LAT, June 15, 2015]

The Supreme Court has clearly, and repeatedly, spoken on the issue, but lower level kritarchs are ignoring those decisions, including the recent decision in the Arizona Support Our Law Enforcement and Safe Neighborhoods Act decision:

The Federal Government's broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to "establish an uniform Rule of Naturalization," Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations.
[Arizona v. United States, FindLaw, June 25, 2012] 

In defiance of an abundently clear Supreme Court, kritarchs are creating a dictatorship and most likely doing so because of the death of Supreme Court Justice Anthony Scalia.  President Trump will have a hard row to hoe now, especially because the Legislative Branch, led by Paul Ryan, will not impeach these kritarchs.  We are at a crossroads, dictatorship looms.  Who will do what to whom?

Friday, March 10, 2017

Leftist Media And Democrats Prove Trump Can Be Intimidated

President Donald J. Trump appears to be going from strength to weakness.  After a strong State of the Union speech and fighting back against the Obama Regime wiretapping his residence, campaign staff, and former associates, the Democrats and their co-conspirators in the media have scored a victory in their fight against deporting illegal aliens.  A full-court press by the media and Democrats resulted in the release of notorious lesbian illegal alien Daniela Vargas.

Daniela Vargas, Illegal Alien And Lesbian

First the campaign and an article by a so-called reporter who appeared to be a transcriptionist for the campaign to free Vargas:

JACKSON — As Daniela Vargas sits in an immigrant detention center in Jena, La., 166 miles from her Jackson home, concerned citizens, advocates and pastors gathered here in the courtyard of Fondren Presbyterian Church to hold a vigil for the 22-year-old undocumented immigrant. Immigration officials detained her last week after she spoke out at a press conference, two weeks after they took her father and brother from their west Jackson home.
Immigrations and Customs Enforcement officials announced last week that she would not be eligible for a hearing before an immigration judge. Vargas had applied for Deferred Action on Childhood Arrival status, referred to as DACA, at the time of her detainment.
[Petitions, Vigil Demand Feds to #FreeDany from ICE Detention Center, by Arielle Dreher, Jacksonville Free Press, March 7, 2017]

Dreher even refers to her as a citizen without correction or comment:

Elmore told the vigil last night that Vargas had a good argument for "prejudice" in court. "This young lady has spent 15 years building a ... record as a good solid citizen, and you want to send her somewhere where those achievements mean little to nothing. Now that is what you call prejudice," Elmore said Monday night, referring to her legal standing.

And apparently education neither exists or is appreciated in Argentina.  An interesting claim ignored, again, by the transcriptionist.  You can contact Dreher here.

And, unfortunately, the pressure on President Trump worked:

A 22-year-old undocumented immigrant who was detained by the authorities last week after speaking out about her deportation fears was released on Friday, her lawyers and rights groups said.
Immigration and Customs Enforcement officials said that the woman, Daniela Vargas, would be freed under an order of supervision, although it did not disclose the terms of the order, according to a statement from the Elmore and Peterson law firm, which is representing Ms. Vargas. The officials, the statement said, also did not disclose why her release from a detention center in Jena, La., was being ordered now.
[Woman Detained After Speaking About Deportation Fears Is Released, by Christine Hauser, NYT, March 10, 2017]

Vargas entered the United States on the Visa Waiver Program.  This allows certain aliens to enter without a visa, but they do not have the right to contest their entry or a deportation.  Those are some of the conditions that Congress set on the program.

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), the component of the Department of Homeland Security that arrested Vargas, as well as her criminal alien brother, and father, but not her mother living in a different State, had the opportunity to removal all three immediately to Argentina.  There was no reason for her not to be deported within the ten days she was held in custody.  There are multiple direct flights, and more with layovers, to Argentina. The only delay could have been obtaining a passport for her, though if it wanted to, as the Vargas family arrived by airline, ICE ERO could have prepared a travel document for her as provided by an international agreement where travelers by air who are deported can be sent back with only an official letter from the receiving country attesting to the identity and nationality of the deportee.

It appears that Vargas refused to sign a passport application, no passport was found during the search of her home, or someone in ICE ERO failed to take the initiative to produce a travel letter for her.

But worse yet, it appears that Steve Bannon may have been behind her release.

WASHINGTON — The Trump administration doesn’t want to talk about it.
When asked about the Obama-era program that allowed undocumented immigrants who were brought to the United States as children to remain in the country and work, press secretary Sean Spicer has repeatedly demurred. Instead, he’s talked about the administration’s enforcement priorities.
When deputy press secretary Sarah Sanders is asked about Donald Trump’s private remarks that these so-called DREAMers shouldn’t worry about deportation, she says she doesn’t want to get ahead of the president.
Deferred Action for Childhood Arrivals, or DACA — which Trump said he would rescind on day one — is rough political terrain for the White House. Conservative media and elected officials see it as a rare hardline immigration promise the administration hasn’t kept, and the White House is kicking it down the road for as long as officials can.
[Steve Bannon Helped Preserve DACA But Democrats And Activists Aren’t Celebrating, by Adrian Carrasquillo and Tarini Parti, BuzzFeed, March 9, 2017]

Despite that President Trump quite correctly called the Deferred Action For Childhood Arrivals (DACA) and illegal and unconstitutional usurpation of the Constitution by Barack Hussein Obama, Bannon appears to be protecting the program.

But according to two sources who regularly speak with the Trump administration, DACA is a settled issue.
And in recent conversations, two administration sources pointed to chief strategist Steve Bannon as the man who preserved the current iteration of DACA, the victor of a debate with Attorney General Jeff Sessions and senior policy adviser Stephen Miller, who favored curtailing the program.
“Bannon usually wins most battles,” an administration insider said.

And this release of Vargas is not the first time someone in the Trump Administration has reached down to ICE ERO and ordered certain aliens not to be deported, including criminal aliens.  It appears press campaigns and threats can intimidate someone in the White House or at ICE ERO.

For many years, Ravi Ragbir has been working toward the realization of immigrant rights as the director of the New Sanctuary Coalition, an interfaith religious organization that opposes deportation. For all those years, Ragbir's own immigration case, which has been winding its way through the system in fits and starts, has been hanging over his head. 
Now, President Donald Trump is dramatically expanding U.S. Immigration and Customs Enforcement's deportation priorities — and, since the government isn't legally bound to honor his deportation deferment, Ragbir seemed like a likely target.
So when Ragbir had to show up for his biannual check-in with ICE, fellow immigrant rights activists made sure he didn't show up alone.
"We are all Ravi!" chanted a crowd of hundreds of supporters, lead by a group of faith leaders, community organizers and politicians — including New York City Council Speaker Melissa Mark-Viverito.
[This Immigrant Was Told To Check In With ICE — So He Brought Hundreds Of People With Him, by Andrew Joyce, .Mic, March 9, 2017]

And he's a illegal alien felon:

In 2001, though, Ragbir was convicted of wire-fraud while working as a loan-processor for a mortgage lender. According to Gothamist, Ragbir maintains that he was simply a low-level employee following the bank's own rules.

And the huge crowd was an implicit threat of violence, something that is becoming more common:

In the end a visibly shaken Ragbir exited the building with mixed news for the crowd. Immigration officials released Ragbir but, despite the fact that he had complied with his biannual check in and had a deferment that lasted until 2018, the activist was told to return to the ICE office next month.
"I have a sense, my friends, the reason Ravi is standing here is because all of you are here," New York State Senator Gustavo Rivera said, standing shoulder-to-shoulder with a teary-eyed Ragbir.
On April 11, Ragbir will have to return to the ICE office. The politicians, faith leaders and activists that accompanied him on Tuesday will be back, too. 

Criminal Illegal Alien Ravi Ragbir, Intimidating Secretary John Kelly?

So, will ICE ERO be prepared for the violence, or will someone in ICE ERO, or Steve Bannon, cave in the face of threats of violence that are becoming more successful day by day?

I have warned that street violence is the next step by the left in their war on immigration law enforcement and that DHS and its enforcement components are woefully ill-prepared for street thuggery and violence. [In The Streets And The Courts, The Left Plans A Coup. But Trump Can Fight Back, by Federale, VDare, February 14, 2017, and The Plan: Obstruction, Violence, and Foreign Interference, by FederaleFederale Blog, February 12, 2017]

It is disturbing that the Trump Administration at some level, either allowing weak-kneed mid-level bureaucrats at ICE ERO, Secretary Kelly, or Steven Bannon to be so easily intimidated by the press and leftist protest groups.  It does not bode well for immigration patriots.

Wednesday, March 8, 2017

Kritarchs And The DACA Menace

The threat of the Kritarchs and the menace of the Deferred Action for Childhood Arrivals (DACA) program are coming to a head. Not just because of the terrorist threats from DACA recipient Astrid Silva but also from the hostility of DACA recipients to President Trump, such as Jasmine Lomeli and Raymond Partolan.  The Treason Bar is continuing it's challenge not to DACA as a policy, but to it's temporary nature.  The strategy is to claim that DACA is a regular immigration benefit that cannot be taken away without review not by the Executive Office for Immigration Review (EOIR), the immigration courts, but are subject to review by Article III courts, e.g. the regular Federal courts. This writer warned about this a month ago [Warning For President Trump: Kritarchs Looking To Impose DACA, by Federale, VDare, February 16, 2017].  A month that President Trump, Secretary Kelly, and Attorney General Sessions should have used to end the DACA program.  By not doing so, they risk making DACA a permanent amnesty program for illegal aliens.

Back in the news are the Treason Bar attorneys for Mexican gangbanger and DACA recipient, Daniel Ramirez Medina.

La Paisas or La Paizas Gangbanger Daniel Ramirez Medina

Daniel Ramirez Medina's Gang Tattoo

Attorneys for a Mexican immigrant in Seattle, who has permission to work in the United States, are hoping to convince a federal judge to hear a challenge to his immigration arrest and bypass U.S. immigration courts.
If they are successful on Wednesday, the case of Daniel Ramirez Medina, a so-called dreamer afforded some protection from deportation under an Obama-era program, could point a new way forward for thousands of people across the country threatened by stepped-up immigration enforcement under President Donald Trump.
Under U.S. law, deportation cases must be heard by immigration courts but Ramirez hopes to establish an alternate legal challenge over his arrest. Immigration courts, which operate separately from the broader federal judiciary, have a huge backlog and immigration lawyers say it is difficult to win deportation challenges in them.
[Arrested Mexican 'Dreamer' Immigrant Seeks New U.S. Legal Channel, by Dan Levine, Reuters, March 7, 2017]

The essence of the argument by the Treason Bar is that DACA is a permanent benefit for aliens granting legal status in the United States and cannot be taken away by the President.

The Department of Justice Office of the Legal Counsel stated unequivocally that the DACA program was only a deferral of a deportation and did not grant recipients any legal status.

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. 
[Memorandum Opinion For The Secretary Of Homeland Security And The Counsel To The President, by Karl R. Thompson, Principal Deputy Assistant Attorney General, Office of Legal Counsel, Department of Justice, November 19, 2014]

The Treason Bar insists though that Medina is legally in the United States.

“We think the due process clause of the constitution says you can’t do that to people—especially when government has given them that lawful presence in the United States,” counted Ramirez attorney Theodore Boutrous.
[Ruling On Seattle 'Dreamer's' Release Expected Next Week, KING 5, March 8, 2017]

And the Treason Bar wants U.S. Magistrate Judge James Donohue to go full Kritarch and declare DACA a new immigration program, a program created by the Executive Branch, and not by the Legislative Branch, which in Article I, Section 8, is given the power over immigration.

In addition to release, his legal team is also seeking “declaratory relief,” to provide clarity on the due process rights of DACA recipients.
“We’re saying to a federal judge: issue a statement that DACA provides certain protections for your liberties. That becomes a statement of a federal court and what the executive has to pay attention, so we don’t have to count on the good will of ICE agents,” said attorney Mark Rosenbaum.

The Treason Bar wants power over immigration taken from the Congress and given to the courts, so as to achieve the end result it wants.  Note that previously the Treason Bar claimed that the President had authority over immigration because it was related to relations with other countries.

The Federal Government's broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to "establish an uniform Rule of Naturalization," Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations.
[Arizona v. United States, FindLaw, June 25, 2012] 

It is clear that the Constitution means nothing to the Treason Bar, it is only the particular policy that they are interested in.  And for the Treason Bar, the Constitution's only meaning is what the Treason Bar says it is for the moment.  In order to protect illegal aliens, the Treason Bar finds it necessary to destroy the Constitution.  This is not a living Constitution, but a mangled Constitution, tortured to mean anything the Treason Bar thinks at the moment.

This is what President Trump is up against.  The Constitution means nothing other than Moar Immigration!  We have seen this in the usurpation by Barack Obama of the authority of Congress to make law regarding immigration and the usurpation of the legislative grant of power to the President to bar any alien or groups of aliens by another judge in the State of Washington and the 9th Circuit Court of Appeals regarding the travel ban for citizens of seven nations.  This time the Treason Bar is tempting the Kritarchs with visions of seizing power over immigration law and imposing a permanent amnesty program for illegal aliens.  Such a usurpation of the authority of Congress is no more legitimate than the original DACA program created not by legislation but by executive order.

President Trump must strike quickly by abolishing DACA immediately.

Tuesday, March 7, 2017

#BasedStickMan And Anarcho-Tyranny


The inestimable Sam Francis gave us the concept of anarcho-tyranny.  This is the socio-political situation where crime is rampant, protected groups initiate and perpetrate political violence, and the state does nothing about it, concentrating it's violence on whites, Christians, gun-owners, and heterosexuals who dare criticize Islam, vote for President Donald J. Trump, or stand up to the violence by Blacks, illegal aliens, and radical leftists acting at the direction of the Democrat Party and the bureaucratic state.  VDare has been at the forefront of the recent manifestations of anarcho-tyranny and the coming hot Civil War. [“It Will Come To Blood”–Reflections On The Left’s Anti-Trump Inauguration Tantrum, by Peter Brimelow, VDare, January 23, 2017, In The Streets And The Courts, The Left Plans A Coup. But Trump Can Fight Back, by Federale, VDare, February 14, 2017, and Needed In Response To The Berkeley Riot: A New “Dear Colleague” Letter, A Federal Civil Rights Investigation–And Some Arrests, by Federale, VDare, February 4, 2017]

The Democrat Party and their minions, AntiFa, the Black Block, and Black Lives Matter, have organized deliberate violence to further their political ends, and are using State Power as part of that illegal conspiracy.  These actions by the Democrats are the very definition of terrorism.

The Federal government provides two succinct mutually supportive definitions of terrorism, in both statute and regulations:

First, Title 22 United States Code Section 2656f:

(2) the term “terrorism” means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents;
(3) the term “terrorist group” means any group practicing, or which has significant subgroups which practice, international terrorism;

And the official definition of terrorism from Title 28 Code of Federal Regulations, Chapter 0.85:

Terrorism includes the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

On February 4, 2017, supporters of President Trump had a rally at Civic Center Park in Berkeley, CA. The rally was part of nation-wide rallies to support President Trump.  But the Democrat Party and their terrorist allies had different plans for those attending the rally.  Their plan was deliberate violence against persons to intimidate and coerce both the American people and President Trump in furtherance of the political agenda of the Democrat Party.

The City of Berkeley and the Berkeley Police Department (BPD) were well aware of the demonstration and the planned terrorist attacks on the peaceful demonstrators planned by Democrat Party officials, a Berkeley Unified School District employee and open terrorist Yvette Felarca, and open terrorist groups, By Any Means Necessary (BAMN), Black Bloc, and Antifa.
The city is preparing for a potential pro-Trump demonstration planned for Saturday at 2 p.m. at Civic Center Park in downtown Berkeley, as well as for a counter-protest that has been called for noon in the same location.
“We’re planning for a number of different contingencies,” said city spokesman Matthai Chakko Friday. Chakko said the expectation was that the pro-Trump event would be a “small gathering of people.”
[City Prepares For Pro-Trump Demo, Counter-Protest In Berkeley, by Tracey Taylor, Berkeleyside, March 3, 2017]

And the terrorists were open about their plans to bring violence to Civic Center Park:

Meanwhile the Coalition to Defend Affirmative Action, Integration and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN) — has announced a counter-protest to the pro-Trump demo, stating its purpose is to “confront and defeat the Trump movement” with “no platform for fascists and white supremacists.” A focus of the action, the group says, is to defend Berkeley’s sanctuary city status.

BAMN openly bragged about their previous violence and terrorism, and publicly promised more terrorism:

UC-Berkeley students and community members won a tremendous victory against President Trump and his proto-fascist movement on February 1 by shutting down white supremacist, Breitbart News Editor and demagogue Milo Yiannopoulos. Thousands of people mobilized in defense of immigrant and Muslim students, against racism, sexism, and homophobia, and stood united at Sproul Plaza chanting “Shut it down!” The protest took effective and prompt mass action that stopped Yiannopoulos’ racist-recruitment event from going forward...
All out on March 4th! Confront and defeat the Trump movement! No platform for fascists and white supremacists!
[Confront and Defeat the Trump Movement: COUNTER-PROTEST the Pro-Trump Berkeley Rally, BAMN, March 1, 2017]

And the BPD planned to ignore the terrorists and allow, again, violence and terror attacks against Trump supporters.

BPD Chief Andrew Greenwood, Berkeley's own Chekist Genrikh Yagoda

While the police say they are preparing for any potential problems Saturday, they cannot say precisely what those preparations involve, including how many officers might be mobilized. At the Yiannopoulos demonstration both BPD and UCPD kept their distance and only one arrest was made. Afterwards both agencies were criticized for what was perceived by many commentators as too hands-off a response. BPD Chief Andrew Greenwood said the department’s approach had been informed by the East Bay Black Lives Matters protests of 2014. “Placing police officers into a potentially volatile crowd situation could have prompted a focused, sustained violent attack on police, thereby rapidly escalating the risk of harm to all involved,” he wrote in a two-page memo to Berkeley City Manager Dee Williams-Ridley about the Yiannopoulos protest.

However, when evil is about the land, a hero sometimes arises, and the hero that day in Berkeley was #BasedStickMan, Kyle Chapman, a patriot dedicated to protecting the weak from terrorists, something BPD Chief Greenwood not only refused to do, but actively conspired with the terrorists to allow attacks on law abiding Americans.  However Chapman and a small group of like minded patriots arrived prepared for the attacks by communist thugs.  And this small group of modern Spartans broke the terrorist attack:

In response to violence they knew was coming, Chief Greenwood and the BPD were on the sidelines most of the day, allowing the violence to grow instead of suppressing it with ruthless coercion at the first sign.

At around 12:30 p.m. about 20 police officers arrived and took up positions on the south side of the park and on the elevated section next to the Peace Wall. Armed with batons, as well as at least one video camera, they at first observed from a distance. A handful of officers were stationed at the entrance to downtown Berkeley BART station from around noon.
[Downtown Berkeley Protest Ends With 10 Arrests, At Least 7 Injured, by Tracey Taylor, Berkeleyside, March 4, 2017]

And, yes, Democrat Party elected officials and terrorist leaders were on hand to direct the violence:

At first, the BAMN group was congregated on the west side of the park and it kickstarted proceedings with controversial BUSD teacher Yvette Felarca making a speech through a megaphone...
Berkeley City Councilman Ben Bartlett was at the protest, and State Senator Nancy Skinner was there for a time too.

Even though #BasedStickMan was acting in self-defense and that of others, fending off a terrorist attack, he was then shamefully arrested by the BPD, who for the most part ignored attacks on themselves and others by the Democrat Party organized terrorists.

Throughout the main protest at the park, from midday to around 5 p.m., there were no helicopters overhead. Around 5 p.m. when a only a few stragglers, most of whom seemed to be either Antifa or BAMN related, remained, a red helicopter did begin to hover over the park. Protesters, some of whom were wearing all black and wearing bandanas, were goading the police and some threw eggs. Several arrests were made.

However, photos of the weapons seized showed that those arrested were the modern day Spartans who were acting in self-defense.

Despite the fact that #BasedStickGuy and others were acting in self-defense from an organized and premeditated terrorist attack, they were arrested, which is prohibited by California statute:

For purposes of the self-defense legal defense, “reasonable under the circumstances” means that you need to have:

  • Reasonably believed that you were in imminent danger of being killed, injured, or touched unlawfully,
  • Reasonably believed that you needed to use force to prevent that from happening, and
  • Used no more force than was necessary to prevent that from happening.2
  • Moreover, thanks to California's so-called “stand your ground laws,” you are under no obligation to “retreat” – that is, to run away or try to escape – before you use self-defense to protect yourself. 

Self-defense can be a useful legal defense to a number of California crimes, including:
  • Murder, 
  • Assault with a deadly weapon, 
  • Aggravated battery

[Self-defense As A Legal Defense Under California Criminal Law, Neil Shouse, Shouse California Law Group, undated]

And now it is time for Attorney General Jefferson Beauregard Sessions III to stand up and be counted.  The terrorist rioting by Yvette Felarca, BAMN, Black Block, and Antifa is being protected and encouraged by Democrat Party office holders and enabled local government bureaucrats, including Chief Greenwood and Chief Margo Bennett, University of California Berkeley Police Chief, in violation of Federal civil rights laws, including Title 18 United States Code (USC) § 242 - Deprivation of Rights Under Color Of Law, Title 18 USC § 241 - Conspiracy Against Rights, Title 18 USC § 2101 - Riots, and Title 42 USC § 1985 - Conspiracy To Interfere With Civil Rights.  Time for AG Sessions to begin prosecutions and protect #BasedStickMan and other Americans from anarcho-tyranny.  Time for Chiefs Greenwood and Bennett to feel the full force of the Federal government just as Chapman and the modern Spartans have felt the full force of the State of California.  Time for the Trump Administration to get in the fight.

Chuck Wexler Continues To Lie About Sanctuary Cities

Chuck Wexler is the Executive Director of the Police Executive Research Forum (PERF), contact him here, and he has an op-ed in the Los Angeles Times to again spread the lie that sanctuary cities don't exist, and when they protect illegal alien criminal from deportation, they help reduce crime.  All part of the hivemind Deep State campaign against immigration enforcement by the Trump Administration.

Chuck Wexler, Apologist For The Deep State And Illegal Alien Crime

With an estimated 11 million undocumented people living in the United States, talk of a crackdown on illegal immigration has created tension in cities across the country.
For America’s police chiefs, calls for enhanced enforcement of federal immigration laws bring a particular concern. Chiefs are afraid that such efforts will have the unintended consequence of actually increasing crime and making their communities less safe. The reasons for this can be found in recent incidents from some of the country’s so-called sanctuary cities.
[Police Chiefs Across The Country Support Sanctuary Cities Because They Keep Crime Down, by Chuck Wexler, LAT, March 6, 2017]

As proof that sanctuary cities protection of illegal aliens reduces crime, Wexler cites two anecdotes about illegal aliens involvement in stopping two crimes and a story about illegal aliens reporting crime not to the police, but to a third party.

That, as they say, is not evidence.  But the real evidence is in, and sanctuary city policies do not reduce crime, but correlate to increased crime.

One of the most common reasons offered for non-cooperation policies is that they are needed to enable immigrants to feel comfortable reporting crimes. This frequently-heard claim has never been substantiated, and in fact has been refuted by a number of reputable studies. No evidence of a "chilling effect" from local police cooperation with ICE exists in federal or local government data or independent academic research...
In addition, data from the Bureau of Justice Statistics show no meaningful differences among ethnic groups in crime reporting.
[Sanctuary Cities: A Threat to Public Safety, by Jessica Vaughn, CIS, July 2015]

Even worse for Wexler, his own organization, PERF, conducted a study showing that cooperation with immigration law enforcement does not reduce crime reporting:

A multitude of other studies refute the notion that local-federal cooperation in immigration enforcement causes immigrants to refrain from reporting crimes:

A major study completed in 2009 by researchers from the University of Virginia and the Police Executive Research Forum (PERF) found no decline in crime reporting by Hispanics after the implementation of a local police program to screen offenders for immigration status and to refer illegals to ICE for removal. This examination of Prince William County, Virginia’s 287(g) program is the most comprehensive study to refute the "chilling effect" theory. The study also found that the county's tough immigration policies likely resulted in a decline in certain violent crimes.
The most reputable academic survey of immigrants on crime reporting found that by far the most commonly mentioned reason for not reporting a crime was a language barrier (47 percent), followed by cultural differences (22 percent), and a lack of understanding of the U.S. criminal justice system (15 percent) — not fear of being turned over to immigration authorities. (Davis, Erez, and Avitable, 2001).

And Wexler's example of Los Angeles' sanctuary city policies reducing crime fails:

Using recent statistics from Los Angeles, another sanctuary city, Landry asserted, “Los Angeles saw all crime rise in 2015: violent crime up 19.9 percent, homicides up 10.2 percent, shooting victims up 12.6 percent, rapes up 8.6 percent, robberies up 12.3 percent, and aggravated assault up 27.5 percent … (sanctuary cities) encourage further illegal immigration and promote an underground economy that sabotages the tax base."
[Report: Crime Spikes In Sanctuary Cities, by Hank Berrien, The Daily Wire, undated]

It takes a special kind of chutzpah to claim sanctuary city policies of not cooperating with immigration enforcement reduce crime when your own organization says differently in a peer reviewed study.  But that is what the response of politically appointed law enforcement bureaucrats is to the facts, denial.  And because appointed Chiefs of Police, like Margo Bennett, are political animals rather than law enforcement professionals.  Facts about illegal alien crime don't matter to politically motivated bureaucrats.  Hacks like Wexler and Chief Charlie Beck of the Los Angeles Police Department live in a fantasy world devoid of data about crime and criminals.

Moreover, Wexler claims that Police Chiefs are concerned about crime and want to arrest illegal aliens who commit crime, but reports from their subordinates show that protecting illegal aliens is not about witnesses and victims, but about protecting the criminals themselves:

Some of the most violent criminals at large today are illegal aliens. Yet in cities where the crime these aliens commit is highest, the police cannot use the most obvious tool to apprehend them: their immigration status. In Los Angeles, for example, dozens of members of a ruthless Salvadoran prison gang have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon, and drug trafficking. Police officers know who they are and know that their mere presence in the country is a felony. Yet should a cop arrest an illegal gangbanger for felonious reentry, it is he who will be treated as a criminal, for violating the LAPD’s rule against enforcing immigration law...
“We can’t even talk about it,” says a frustrated LAPD captain. “People are afraid of a backlash from Hispanics.” Another LAPD commander in a predominantly Hispanic, gang-infested district sighs: “I would get a firestorm of criticism if I talked about [enforcing the immigration law against illegals].” Neither captain would speak for attribution.
[The Illegal-Alien Crime Wave, by Heather Mac Donald, City Journal, Winter 2004]

There is no lie more persistent that a hands-off approach to illegal aliens by local police will reduce crime.  And that lie from the Deep State is again at the forefront as a crackdown on illegal aliens and sanctuary cities looms.

And why the LAT published Wexler's claims when 2016 was another year of increased crime in Los Angeles is a mystery.  It is almost as if the truth is of no interest to the Deep State.

The jump in overall crime comes at a crucial moment. Residents across the city are both frustrated and alarmed by the uptick. Police and others are keeping a wary eye on the weeks ahead, worried that August will be as bloody as it was last year.
The difficulty driving down crime presents a potential political challenge to Garcetti as well, coming as the mayor seeks another term in office and continues his rise on the national stage. Next week, he is scheduled to speak at the Democratic National Convention.
[Overall Crime Is Up In L.A. For The Second Straight Year, LAPD Reports, by Ben Posten and Kate Mather, LAT, July 22, 2016]

It is as if  politically motivated happy talk from the Cultural Marxists about immigrant crime was #FakeNews.

USCIS Bureaucrat Strikes At Trump Administration

The supporters of illegal immigration at U.S. Citizenship and Immigration Services (USCIS) have struck at the Trump Administration.  And it's a self-inflicted wound, as the Administration has failed to take control of the bureaucracy under the failed leadership of John Kelly.  The Trump Administration allowed Lori Scialabba, Acting Director of USCIS to extend the presence in the United States of tens of thousands of illegal aliens from El Salvador by extending the Temporary Protected Status (TPS) of those illegals initially approved back in 2001.

Obama Deep State Immigration Bureaucrat Lori Scialabba And Her Mentor Jeh Johnson
President Trump said in an address to Congress last Tuesday that illegal immigration threatens the job prospects of American citizens. U.S. Citizenship and Immigration Services, however, will extend work permits for six months on Monday for hundreds of thousands of illegal immigrants from El Salvador who receive Temporary Protected Status (TPS).
El Salvador is currently one of 13 countries whose citizens are eligible to receive TPS. This designation made by the secretary of homeland security is for countries whose circumstances have been deemed too dangerous for its residents to return to.
[Trump Admin Quietly Gives Illegal Immigrants Work Permit Extensions, by Alex Pfeiffer, The Daily Caller, March 5, 2017]

And the execrable Scialabba was the deciding official.

Instead of letting these work permits expire, USCIS Acting Director Lori Scialabba is authorizing the automatic extension of them through Sept. 9, 2017.

We don't know why this was done.  It appears to be that either Secretary Kelly has been captured by the bureaucrats at USCIS or he just hasn't done the due diligence in appointing an acting Director for USCIS in tune with President Trump rather than former President Barack Obama.  Given Kelly's inability to understand the immigration issues and his failure to make good personnel choices in support of the Trump Administration priorities, I suspect he is just in over his head, but deliberate sabotage of President Trump or capture by the Deep State in the immigration bureaucracy are possibilities.

Personnel is policy and the Kelly policy is more of the Obama personnel.  John Kelly is certainly no Joe Swing, as when Swing entered the INS with the direction from President Dwight David Eisenhower, Swing immediately replaced or removed recalcitrant bureaucrats.  Kelly is apparently unable or unwilling to do that.  And that means nothing will change in the near future, and a possible failure for the Trump Administration immigration policies.

Friday, March 3, 2017

Mexican Judge Helps Mexican Illegal Alien Escape

This event is of no surprise to me.  The press is full of stories of local judicial officers angry that Federal agents are arresting illegal aliens in courthouses.  Barack Obama was working on orders to U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) to stop arresting illegal aliens at courthouses.  In fact, the orders went out, but were for the most part ignored by ICE ERO in an act of patriotism, and self-interest as arresting illegal aliens in courthouses is much safer for the arresting Deportation Officers than doing so on the streets.

Mexican Judge Monica Herranz, Lawless Aider Of Illegal Aliens

And this courthouse issue seems to be a specialty of Mexican judges and administrators.  First Oregon:

A judge has been accused of helping an illegal Mexican immigrant escape a courtroom where immigration officials were waiting to arrest and possibly deport him.
Diddier Pacheco Salazar, 22, appeared before Judge Monica Herranz to plead guilty in a DUI case on January 27 in Multnomah County, Oregon.
Salazar entered the courtroom with his lawyer but never came back out again.
Every courtroom in the Multnomah County Circuit Court has three doors - one for the public, a private judge entrance and one for inmates to be brought in from jail.

[Oregon Judge Is Accused Of Helping Illegal Immigrant Drunk Driver ESCAPE From Her Courtroom While ICE Agents Waited Outside To Deport Him To Mexico, by Emily Crane, Daily Mail, March 2, 2017]

Herranz is a member of a racist Hispanic legal organization dedicated to infiltrating the legal system and discriminating against White Americans.

Williams told KOIN the only explanation was that Herranz - who is on the board of the Oregon Hispanic Bar Association - or a member of her staff helped Salazar to leave through another door.
ICE agents brought the matter to Williams after the incident allowed Salazar to evade the immigration officials.

Not surprisingly, the illegal alien friendly Department of Homeland Security Secretary, John Kelly, did not instruct ICE ERO to file a criminal complaint with the U.S. Attorney's Office.

ICE agents decided not to pursue a criminal investigation against Judge Herranz, but she is being investigated internally by Chief Judge Nan Waller. 

Nor has Attorney General Jefferson Beauregard Sessions ordered the U.S. Attorney for District of Oregon, Billy Williams, an Obama appointee and holdover who has not been dismissed by President Trump, to charge Herranz for violating Title 8 United States Code Section 1324, Harboring Illegal Aliens.

Herranz is now under internal investigation after U.S. Attorney Billy Williams accused the judge of letting Salazar leave through her private entrance after staff realized immigration and customs enforcement agents were waiting for him.

Billy Williams says it is only unprofessional for Herranz to aid illegal aliens.  It is clear that he does not care about Federal crimes, which is unusual for a United States Attorney.

Billy Williams, Obama Appointed U.S. Attorney Who Refuses To Prosecute Fellow Lawyer

In a similar case, local Democrat court officials are up in arms that ICE ERO arrested a mentally ill man claiming to be a woman, who was also a convicted felon and illegal alien, and later indicted for a massive mail fraud scheme.

A woman [sic] arrested by immigration officials at a Texas courthouse where she sought protection from domestic violence is set to find out whether she will be indicted by a grand jury for illegal re-entry to the US.
Irvin Gonzalez has been held in the El Paso County jail since being held on 9 February by federal agents moments after being granted a protective order by a judge. The case prompted a national outcry, with women’s rights advocates arguing that the arrest risks discouraging undocumented people in violent situations from contacting law enforcement for help.
[Undocumented Woman [Sic] Arrested After Seeking Protection Prepares For Possible Indictment, by Tom Dart, The Guardian, March 2, 2017]

Instead of being happy to be rid of a mentally ill professional criminal and illegal alien, El Paso County officials are more concerned about helping him.

Gonzalez and county officials believe that the agents acted after a tip-off from her alleged abuser. 

Why would these Mexican county officials care and have meetings about an arrest of a criminal?

Mexican El Paso County Officials Meeting About Arrest Of Illegal Alien

One of the reasons that Gonzalez was arrested in the building was that agents feared that court officials would help her escape, so sources tell me.

Unfortunately, we have this problem because President Trump, Attorney General Sessions, and Secretary Kelly are not taking action to put down these local officials who are interfering with Federal immigration enforcement.

Readers can contact U.S. Attorney Billy Williams here at1000 SW Third Ave, Suite 600,
Portland, Oregon 97204, (503)727-1000, and demand criminal prosecution of judges who interfere with Federal law enforcement.