Saturday, November 11, 2017

Patti Saris Again Raises Her Ugly Head To Obstruct Immigration Enforcement

Years ago numerous Indonesian Christians came illegally to the United States and submitted asylum applications.  Those asylum applications were reviewed by the Executive Office for Immigration Review (EOIR), the immigration courts.  The claims were rejected as unsubstantiated and the illegal aliens ordered deported.  However, the Department of Homeland Security (DHS) declined to enforce those deportation orders, called Final Order Of Removal.  During the 10 or so years that the cases involving Indonesian Christians were free to remain in the United States, those illegal aliens did not make any effort to appeal their outstanding orders.  Then the United States had an election, and the policy of not enforcing those and many other Final Orders of Removal were ended.  Then suddenly, those illegal aliens claimed they were being denied an opportunity to file for asylum or were not receiving due process.  They filed a case in the Federal courts and were assigned to a Kritarch, Patti Saris, who apparently thinks she runs immigration policy, even after aliens have had their day in court.  Saris thinks she can usurp the Constitution of the United States based on her whims regarding immigration policy.


Kritarch Patti Saris

In her latest excursion into immigration enforcement policy, she decided that illegal aliens can't be held in custody for their return to their home country.

BOSTON (Reuters) - A U.S. judge on Wednesday ordered the release of an illegal immigrant who is among 47 Indonesians in New Hampshire challenging the Trump administration’s order to deport them.
The man, Terry Rombot, had been allowed to remain under the terms of a 2010 deal with U.S. Immigration and Customs Enforcement until this year, when President Donald Trump instructed ICE that all people living in the United States illegally were subject to deportation.
[U.S. Judge Frees Indonesian Immigrant Held By Trump Order, by Nate Raymond, Reuters, November 1, 2017]

First, let's deal with the misleading reporting.  Rombot was not taken into custody based on any ICE policy of deporting all illegal aliens.  Rombot was taken into custody because he had an outstanding Final Order Of Removal; that's a big difference and symptomatic of the lies from reporters like Raymond.

Now, with regard to Saris, she has no authority to interfere with the pre-deportation custody of an illegal alien with a Final Order Of Removal.  Rombot was taken into custody because he was soon to be deported.  There was no issue of Indonesia not accepting him nor of Indonesia not providing a travel document, so there was no question of him being held in custody longer than allowed in the St. Cyr decision that restricted custody of illegal aliens with Final Orders Of Removal who for whatever reason were unlikely to be successfully deported.  She still thinks that she can review the underlying decision of the immigration court as well.

Saris previously ordered a stay to the deportations. She is currently weighing whether she can order a longer delay to give the affected people time to renew their efforts to gain legal status.

In fact, Saris' actions appear to more akin to that of the Mexican kritarch Monica Herranz who aided an illegal alien to escape arrest by ICE when she let that illegal alien leave her courtroom through the exit to her judicial chambers.  Saris is clearly scheming to help Rombot escape deportation by disappearing into the almost 1 million illegal aliens absconding from Final Orders of Removal.

Time for Congress to impeach Saris and to remove authority from lesser courts to review immigration law enforcement, detention, and deportation decisions.

Confirmed: Elaine Duke Was Deep State Saboteur

It has been confirmed that Elaine Duke, Acting Secretary of the Department of Homeland Security (DHS) is a #DeepState saboteur actively engaged in thwarting the Trump immigration plan on Temporary Protected Status (TPS).  And she will be shown the door once the less than stellar Kirstjen Nielsen is confirmed, and for good reason, the President holds all executive power, no member of the Executive Branch holds any independence from the President.

Elaine Duke, Acting Secretary of the Department of Homeland Security (DHS), is reportedly set to resign in light of being asked to reverse a decision extending temporary residents permits to thousands of Central American immigrants living in the US.
[Trump Official Ready To Resign After Being Asked To Deport 50,000 Immigrants, by Mythili Sampathkumar, The Independent/Yahoo, November 9, 2017]

We can also confirm that the legal standards she used to extend TPS for Hondurans were unlawful.  The legal standard being have the conditions that prompted TPS ended, not whether it is good or bad for those aliens to return.

According to officials, she felt she needed more information on the situation with Hondurans and had received calls from diplomats asking her to weigh the fate of those immigrants, who had lived in the country for decades, with care.  

And we know where Duke got the lobbying from "diplomats" who wanted to "weigh the fates of immigrants [illegal aliens] who had lived in the country for decades."  That was James D. Nealon, another John Kelly protege who stabbed his benefactor in the back.  This bodes ill for the service of Nielsen as Secretary, one can expect her to stab the President in the back.  More disturbing is that Duke and Nealon have not been summarily fired for insubordination.

President Trump needs to be more discerning and careful about who he appoints to important positions.  Personal loyalty should be the first consideration.  RINO technocrats are disloyal and not competent.  Go with those who support you and your agenda.

Friday, November 10, 2017

Another Deep State Member Of The Resistance In Trump DHS

The case of Temporary Protected Status (TPS) for Central Americans and Haitians keeps getting curiouser and curiouser.  Months ago General John Kelly, then Secretary of the Department of Homeland Security, though now Chief of Staff at the White House, informed Haitians that they would get a six month extension of TPS, but that would be the last and they should prepare to return the beautiful island of Hispaniola.  The result was a surge of Haitians fleeing America not for their homeland, but for Justin Trudeau's Canada.  Kelly seemed to have been redpilled on immigration, and that was a good thing, as he started off as a failure.

But it appears his personal appointee at DHS was the force behind the insubordination by Acting Secretary Elaine Duke and her confused and legally insipid extension of TPS for Honduras, and a year long end game for TPS for Nicaragua.  Very strange in that he extended TPS for Haiti only six months, while Duke for some strange reason gave Nicaraguans 12 months.  It was readily apparent she was seeking to sabotage Trump Administration policy on immigration in general and TPS in particular.  Stranger still that Duke was Kelly's pick to succeed him in the acting basis.

The story gets more interesting in that the brain child behind the strange extensions of TPS is an Obama Deep State bureaucrat from the State Department that was brought to DHS by Kelly, similar to General McMasters who has a strange love affair with Obama political appointees at the National Security Council.


Deep State Bureaucrat James Nealon And His Rabbi John Kelly

The Deep State operative is James D. Nealon who was appointed to an Assistant Secretary position in DHS.

The federal government should provide extended protective status to 300,000 non-citizens living in the United States, says a top John Kelly-appointee at President Donald Trump’s Department of Homeland Security.
The proposed temporary amnesty comes from James (Jim) D. Nealon, the assistant secretary for International Affairs in DHS’s Office of Strategy, Policy, and Plans, just as top officials debate whether to end the Temporary Protected Status (TPS) designations for nationals from four Central American countries, many of whom have benefitted from status renewals for close to two decades.
They “work legally in great numbers,” are “liv[ing] the American dream,” and “have many thousands of American citizen children,” “it makes no sense to send [citizens of Honduras, Nicaragua, and El Salvador] back to their country of origin,” Nealon, a former U.S. ambassador to Honduras appointed in 2014 by then-President Barack Obama, argues in an October 31, 2017, memorandum obtained by Breitbart News.
[John Kelly-Appointed DHS Official Urges: Extend Work Permits for 300,000 Migrants, by Amanda House, Breitbart, November 5, 2017]

It is beyond strange that two senior political appointees would be so openly hostile to their patron and insubordinate as well, much less obstructionist to the Trump immigration enforcement plan.  Wheels in wheels.  Stranger still is why Kelly didn't bring down the hammer on such insubordination and incompetence.  But this does illustrate one of the problems President Trump has, he just won't chose loyalists for important and lesser positions in his Administration.  This is a problem he will have to solve if he is to succeed.

Thursday, November 9, 2017

#DeepState Bureaucrats Strike At Trump

And it appears that Deep State operative is not John Kelly, whom I thought was a failure as DHS Secretary, but appears to have been redpilled.  Recently Acting Secretary Elaine Duke made a series of decisions or non-decision on Temporary Protected Status (TPS) for illegal aliens from Honduras and Nicaragua.  The major takeaway is that despite the fact that Honduras has long recovered from Hurricane Mitch in 1998, Duke was "unable to make a decision" on whether TPS should be continued and decided that TPS for Nicaraguans, based on the same hurricane, would be ended, except the Nicaraguans would be given a year to go home.  It appears her apparent inability to make a decision was not viewed positively by the White House. [h/t to a VDare reader]

On Monday, as the Department of Homeland Security prepared to extend the residency permits of tens of thousands of Hondurans living in the United States, White House Chief of Staff John F. Kelly called acting secretary Elaine Duke to pressure her to expel them, according to current and former administration officials.
Duke refused to reverse her decision and was angered by what she felt was a politically driven intrusion by Kelly and Tom Bossert, the White House homeland security adviser, who also called her about the matter, according to officials with knowledge of Monday’s events. They spoke on the condition of anonymity to discuss internal deliberations.
[White House Chief Of Staff Tried To Pressure Acting DHS Secretary To Expel Thousands Of Hondurans, Officials Say, by Nick Miroff, WaPo, November 9, 2017] 

So, it appears that Elaine Duke thinks she is independent of supervision by the President of the United States.  She seems to think she makes immigration policy, not the President.  This is similar to Immigration Judges who think they are independent of supervision and accountability in their jobs.  Well, honey, you aren't a Federal judge, who is independent, you are a mere agent of the President who exercises all executive power, as the Constitution says.

The executive power shall be vested in a President of the United States of America.
[Article II, Legal Information Institute, undated]

Worse yet, her decisions are either incompetent or deliberate attacks on immigration enforcement.  First, there was no reason to extend the Nicaraguan TPS a year, with the ostensible reason that they need a year to get their affairs in order to move home.  You can be certain that these Nicaraguans did not take a year to get ready to move to the United States, nor did any of the other illegal aliens from Honduras, El Salvador, or Haiti who have taken advantage of TPS.  There is not much more to do than buy tickets home, pack and ship personal goods, and, for a few, sell a home.  And that does not take a year, unless one is demanding more than the market price.  In fact there was no need to extend TPS at all.  Second, there is another legal solution to allowing aliens the few months needed to leave, Deferred Enforced Departure (DED).  DED is essentially a few months of permission to remain in the United States at the pleasure of the President.  It can be of any length of time, and appropriate for this situation for all the aliens concerned.

Why didn't Duke use DED?  Why did she extend the Nicaraguans a year of TPS when not necessary or justified, given that the conditions for TPS are long over? And why did she not make a decision, claiming that more analysis was needed, when it was not?

Because she wanted to sabotage the immigration enforcement program of the President.  And that is what Kelly saw as well.

With the extension of the Hondurans’ residency permits, Kelly told her that the TPS decision “keeps getting kicked down the road” and that the additional delay “prevents our wider strategic goal” on immigration, the White House official said.

It is good to see Kelly is getting with the program, but the sabotage continues.  Time for Trump to  move against the Deep State bureaucrats who are not with the program.


And perhaps a good place to start is to is Kirstjen Nielsen, the Trump nominee to be the permanent DHS secretary.  She apparently is not with the program, not on the team and not wanting a win.  She went off message, making President Trump look the fool on his border fence or wall when she downplayed the length and importance of a physical barrier to illegal immigration.

WASHINGTON — President Trump’s pick to lead the Department of Homeland Security said Wednesday that she does not support building a wall along the entire length of the U.S. southern border.
Kirstjen Nielsen, an attorney with cyber- and homeland security experience, told senators during her confirmation hearing that the border should be fortified instead with a mix of personnel, technology and physicial [sic] fencing.
Her stand mirrors that of former DHS secretary — and her current boss — White House Chief of Staff John Kelly. Nielsen was Kelly's chief of staff  at DHS and followed him to the White House, where she is principal deputy chief of staff.
"The president has stated as have predecessors at DHS certainly something that I share: There is no need for a wall from sea to shining sea," she said.
[Kirstjen Nielsen, Trump's Nominee To Lead DHS, Opposes Wall Along Length Of Mexican Border, by Donovan Slack, USA Today, November 8, 2017]

While not every inch needs a wall or fence, it is clear she wants to substantially reduce the length of the wall, and is not afraid of deliberately embarrassing the President.  Nielson, besides having no experience in law enforcement, is a functionary moving from her failure at the Transportation Security Administration (TSA) to another failure at DHS to control illegal immigration. 

President Trump's major failure to date is his lack of selection of appointees who support him, respect him, and want him to succeed.  Generally his selections for administrative positions are complete failures, except for judicial appointments, who have all be solid conservatives on every issue.  Why, because the judicial selections have all be ideologically vetted by a detailed review of their judicial philosophy by an organization dedicated to the end results of returning us to the original meaning of the Constitution, the Heritage Foundation.  Instead of seeking out and vetting those ideologically sympathetic to his executive program, Trump has for the most part chosen technocrats of dubious ideology, and competence for that matter, as well.  His supporters such as Bannon and Gorka have been purged, others like John Bolton, have been blacklisted by the RINOs, and the National Security Council is filled with Obama holdovers.

Time for President Trump to follow his success on judicial nominees with a similar program on political appointees in DHS and other agencies.

Wednesday, November 8, 2017

Arrest Sheriff Mike Reese

Sheriff Mike Reese took an oath to uphold the Constitution and the laws of the United States.  Such an oath of fealty to the Constitution is required by Article VI,the Oath Clause of the Constitution, and applies to all officials of the United State and the several States.  It reads:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution....
[Oaths Clause, The Heritage Guide To The Constitution, The Heritage Foundation, undated]

Alexander Hamilton thought the oath, and its enforcement upon State officials, would make the States subordinate in the appropriate areas where a national policy was necessary and in compliance with the Federalism doctrine of the Constitution.

The Oaths Clause helps to fulfill the Framers' plan to integrate the states into the electoral, policy-making, and executory functions of the federal union, subject to the limits of the Tenth Amendment. For example, the Supreme Court has held that Congress may not "conscript" the legislatures or executive officers of a state directly into federal service. New York v. United States (1992); Printz v. United States (1997). In The Federalist No. 27, Alexander Hamilton offered a careful and nuanced description of the Oaths Clause: "thus, the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government as far as its just and constitutional authority extends; and it will be rendered auxiliary to the enforcement of its laws."

This is relevant for today given the sedition and lawlessness of various States in the area of immigration law, which is the sole authority of the Federal government, though State action to support the Federal government is not prohibited, and by the Oath Clause, support is mandatory, or at at minimum the States are prohibited from creating their own immigration policies in contravention of Federal statute or interfering with the enforcement of immigration law.

In order to keep the States from adopting any immigration policy in contravention of Federal law, Congress took action to prohibit State officials from prohibiting or interfering with communications regarding aliens from State officials to the Federal government.  This is in Title 8 of the United States Code, Section 1373.

(a) Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entitiesNotwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
[Title 8 USC 1373, Communication Between Government Agencies And The Immigration And Naturalization Service, Legal Information Institute, undated]

Despite his oath to adhere to the above, Multnomah County Sheriff Mike Reese, thinks Title 8 USC 1373 doesn't apply to him, nor is he bound by his same oath to support that Federal law passed pursuant to Congress's authority to regulate immigration under Article I, Section 8, Clause 4:

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
[Article I, Section 8, Clause 4, Naturalization, The Heritage Guide To The Constitution, The Heritage Foundation, undated]

Sheriff Reese thinks Multnomah County and the State of Oregon can make their own immigration policy in conflict with Federal immigration law.  This is sedition and rebellion.  Neither Sheriff Reese, nor Multnomah County, nor the State of Oregon may make or enforce any policy or action to contravene the immigration laws of the United States.  But Sheriff Reese thinks he is above the law.


Seditious Criminal And Oath Breaker Mike Reese

After initially saying he couldn't comment on a personnel matter, Sheriff Mike Reese now says that the three sheriff's deputies who shared information with U.S. Immigration and Customs Enforcement agents would be in violation of the agency's current policies on cooperating with federal immigration officials.
The updated policy went into effect on January 31, the same day that several news agencies obtained the emails sent to ICE agents by the deputies through a public records request.
Reese says he was not aware that any deputies were communicating with federal immigration agents, until the emails went public.
"If I had known they were doing that I would have told them to stop," Reese says. "Before a complaint was raised, I wasn't aware."
[Sheriff Mike Reese Says Deputies Who Emailed ICE Agents Would Be in Violation of His New Policies, by Katie Shepherd, Willamette Weekly, November 6, 2017]

So, Sheriff Reese openly declares that it is illegal for his deputies to communicate with the Federal government concerning aliens.  Such a prohibition is illegal.  And helpfully Sheriff Reese put his policy in writing and personally told at least three deputies, besides the public, that any communication with the Federal government was illegal.  Not very bright of Sheriff Reese as his statements are a confession to several Federal crimes beside sedition and rebellion.  His actions are also a violation of Title 8 USC Section 1324, Bringing In and Harboring Certain Aliens, a statute prohibiting the aiding of illegal aliens to remain.

It is time for Attorney General Jeff Sessions to instruct his United States Attorney for District of Oregon, Billy Williams, to indict and arrest Sheriff Reese for the above offenses.  Williams is a #DeepState Obama appointee operative, so Attorney General Sessions must be prepared to dismiss Williams if he resists prosecuting the criminal Mike Reese.  Prosecuting Reese will be an example for others, a badly needed example.  Time for Jeff Sessions to walk the walk on illegal immigration.  A perp walk for Sheriff Reese is just the solution to put down rebellion and sedition.

Tuesday, November 7, 2017

Trump Administration Shooting Self In The Foot, Or Deep State Saboteurs Are

The press is reporting that immigration arrests are up, but deportations are down.  There are a number of possible explanations for this, the most important being is that the Trump Administration is more honest than the Obama Regime.  The Obama Regime lied about deportations and arrests, claiming to be tough on illegals, but did so by a slight-of-hand where arrests on the border by Border Patrol Agents were turned over to U.S. Immigration and Customs Enforcement (ICE) and the subsequent deportations were credited to ICE, e.g. counted as interior arrests though the arrests were at the border.  That is how Obama stacked deportations while at the same time actual ICE arrests plummeted.  The Trump Administration is not doing this trickery, so previous border arrests that resulted in what is called a Voluntary Return (VR) rather than a deportation, are again not counted as deportations.  There are a number of other explanations, such as that many arrests are of illegal aliens previously deported or absconders from deportation orders.  Those are generally not counted as deportations.  But this is all academic, there is a bottleneck, and that is the Executive Office for Immigration Review (EOIR), with a backlog of over 600,000 cases and Immigration Judges who are deliberately sabotaging immigration enforcement.  But worse yet, the Trump Administration is arresting illegal aliens, but releasing them again after political pressure.

Some examples of either the Trump Administration succumbing to pressure or the presence of Deep State saboteurs running their own amnesty for those illegals able to gin up political pressure.

ICE released Carias from detention on electronic monitoring pending the outcome of his removal case, which is currently undergoing review by the Justice Department’s Board of Immigration Appeals, according to the immigration enforcement agency.
[LA Pastor Leaves ICE Custody, But Finds A New Flock Among Fearful Immigrant Inmates, by Brenda Gazzar, LA Daily News, September 25, 2017]

And:

A Berwyn grandmother who had been ordered to leave the country is now being allowed to stay while her visa application is being processed.
Genoveva Ramirez, 67, received a letter last week from U.S. Citizenship and Immigration Services that said she had been granted “deferred action” on her deportation order.
[Berwyn Grandma No Longer In Imminent Danger Of Deportation, by Madeline Kennedy, Chicago Sun-Times, November 2, 2017]


And:

A 10-year-old girl with cerebral palsy has been released from immigration custody in Texas, her lawyers said Friday, 11 days after the Border Patrol stopped the ambulance she was riding in on her way to emergency gallbladder surgery.

[10-Year-Old Immigrant Who Was Detained After Surgery Is Released, by Vivian Lee, NYT, November 3, 2017]

There is a deliberate campaign by the press to highlight, or commonly called shameless baby-waving, certain immigration cases.  And the Trump Administration appears to be susceptible to such pressure, which is another reason why arrests might be up, but deportations down.  And for activists it is a deliberate tactic, and they use it because it works.

And ignoring illegal aliens hiding in churches is another reason that deportations are down.  There is nothing stopping the Trump Administration from either raiding those churches other than itself.  But the illegals have found a strategy, and it is working.

Since 2014, at least 50 publicly known cases have emerged of people seeking sanctuary in churches for immigration-related reasons, according to Rev. Noel Anderson, a coordinator for the Church World Service, a New York organization that supports the sanctuary efforts. Of those, 30 have come up since Trump took office in January and pledged a harder line on immigration.
Eighteen of the 50 eventually won legal reprieves, and their deportation orders were canceled. More than half are still waiting in limbo like Morales and fearing that they could be picked up suddenly, just as several immigrants in Virginia were when they got arrested in February while leaving a homeless shelter at a Methodist church.
[Lives Of Anxiety: Immigrants Seek Sanctuary In US Churches, by Claudia Torrens, Philly.com, November 6, 2017]

And:
After years of fighting deportation proceedings, a Silt mother and immigrant activist has taken sanctuary at Carbondale's Two River Unitarian Universalist church. She is the fifth immigrant in Colorado to take sanctuary this year.
[Immigrant Leader, Mother Takes Sanctuary At Carbondale Church, by Ryan Summerlin, The Aspen Times, October 24, 2017]

An inability to hold illegal aliens accountable and to withstand pressure from the press is one of the many reasons deportations are down.  But it is a choice the Trump Administration has taken, a choice because the administration has another option, which is to not release illegal aliens scheduled for deportation and to seize illegal aliens hiding in plain sight in churches with Blackie's Warrants.

Friday, November 3, 2017

Everyone Agrees That DHS Needs Reorganization

But no one agrees on how.  So, there appears to be a consensus that the Department of Homeland Security (DHS) needs to be reorganized.  That's great news.  Unfortunately, no one agrees on what that reorganization should be and too many people want that reorganization to be meaningless.  No one in the Trump Administration, especially the pernicious John Kelly understands immigration law enforcement, the primary duty of DHS.  Worse yet, the current Acting Secretary Elaine Duke and the nominee for Secretary Kirstjen Nielsen, are either professional bureaucrats who have been back office administrators or political appointees with no professional law enforcement experience, much less immigration law enforcement experience.  The only bright light in DHS is Thomas Homan, a long-time immigration law enforcement professional.  Complicating the reorganization is the childish immaturity of members of Congress, who appear to be only concerned with putting their two cents worth into DHS reorganization.

While President Trump has given new vigor to immigration enforcement, such enforcement is haphazard and hampered by The Resistance in the DHS components, especially Homeland Security Investigations (HSI) and U.S. Citizenship and Immigration Services (USCIS), something this writer has warned about and documented repeatedly. With this backdrop of sabotage and resistance by Deep State bureaucrats, the House of Representatives, led by Representative Michael McCaul, recently rejected for nomination to the DHS Secretary position, the Congress appears to be acting, again, to aid the Deep State Resistance to immigration enforcement by precluding administrative changes to the disjointed, duplicative, and inefficient DHS, especially in the immigration enforcement components, U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and USCIS, as well as the sub-components, HSI, Enforcement and Removal Operations (ERO), U.S. Border Patrol (USBP), Air and Marine Operations (AMO), and Office of Field Operations (OFO).

House lawmakers easily approved a measure on Monday to place tighter restrictions on the Homeland Security Department’s ability to reorganize itself, with members of Congress saying they wanted to ensure they had a voice in the process as the Trump administration looks to comprehensively restructure the federal government.
The DHS Accountability Enhancement Act (H.R. 4038) would repeal the existing authority the department has to unilaterally reorganize its array of offices and components. 
[House Votes To Ensure Lawmakers Can Oversee Homeland Security Reorganization, by Eric Katz, NextGov.com, October 24, 2017]

Wisely, the Trump Administration opposes these restrictions on reorganization.

DHS sharply criticized the measure, saying the unilateral reorganization authority is "particularly important today" given the rapid changes in the threats DHS faces. 
"DHS needs this authority to make organizational adjustments consistent with mission requirements that often change with evolving threats facing our nation," said Tyler Houlton, a department spokesman. He added the authority "will help streamline the department while allowing us to execute the mission of keeping the homeland and our citizens safe."

However, the Trump Administration is not acting within its current authority, nor requesting the necessary additional authority it needs to rationalize immigration enforcement among the competing components and sub-components that deal with immigration.  Nor is the Trump Administration dealing those in The Resistance, primarily in HSI and USCIS.

Besides The Resistance, there is also the structure of the bureaucracy that hampers efficient immigration enforcement.  Something that even the Inspector General of DHS has recognized.  The Office of Inspector General recently released a report that described the lack of priorities and cooperation between the competing components resulting in inefficient use of resources and inadequate results given the billions of dollars spent on immigration enforcement.

We identified issues related to mission allocation and expenditure comparisons, the affirmative asylum application process, and the Department’s struggle to understand immigration outcomes and decisions. We also identified component coordination difficulties pertaining to the availability of bed space, language services, and processing aliens. These issues existed because DHS did not have a designated responsible official or department-level group that strategically addressed overarching issues to foster coordination and resolution. 
[DHS Needs A More Unified Approach To Immigration Enforcement And Administration, OIG Report OIG-18-07, October 30, 2017]

Reading between the lines of the dry and almost unintelligible bureaucratese, this is the finding: DHS immigration enforcement components don't play well together.  But what the Inspector General failed to report was that the only reorganization that would solve these problems was not greater cooperation, but an admittedly imperfect consolidation of immigration enforcement agencies into one component as suggested by the Homeland Security Act (HSA) of 2002, which instructed that one enforcement component be instituted, the Bureau of Border Protection (BBP).  Though well imagined, even the HSA's imagining was imperfect, creating separate components within the BBP.  However, the reorganization authority in the HSA did give the Secretary the however limited authority to integrate immigration enforcement.  Perhaps the BBP could have worked, but the problem was that Congress created USCIS statutorily and even the Secretary was prohibited from doing away with the complete failure of an agency.

This leaves us with the current problem of several enforcement components and sub-components that don't play well with each other.  Not only that but each component has duplicative support components; Information Technology and systems, alien tracking systems, Human Resources, counsel's offices, budgeting, contracting, internal affairs, finance, public affairs, Congressional Affairs, intelligence, international affairs, overseas operations, training, and others.  Each components duplicates all this and more where one office of each of the above would be more rational.  How many counsel's office does DHS need, and remember each of those offices are again duplicated at the Department level; for instance ICE, CBP, and USCIS all have offices of counsel, attorneys for the agency, while similarly, DHS at a department level has it's own counsel's office.  And none of the counsel's offices work together, in fact most act at cross purposes.  USCIS' counsel seeks to aid illegal aliens, while at the same time ICE's counsel is supposed to be seeking to prosecute those same aliens.

The necessary reorganization of DHS requires both action administratively by the Secretary and action by Congress.

First, the Secretary should immediately implement the BBP system where he has that authority;  ICE and CBP, with their sub-components HSI, ERO, OAM, USBP, and OFO, should be immediately abolished and all responsibilities brought into a unified BBP.  A regional and district command structure should be imposed, with responsibilities siloed and modeled on the legacy Immigration and Naturalization Service's (INS) district office system, with an added regional office for close supervision of the new District Director positions.  As an aside, INS District Directors suffered from too little supervision, and that should not be duplicated in the BBP, everyone needs a supervisor, and legacy INS District Directors did not have enough.

Under each District Director there would be silos for different activity, much as a modern police department or sheriff's office are organized.  Each district office will have a silo for patrol, investigations, deportation, and inspections covering the responsibilities to patrol the border and interior, conduct criminal, administrative investigations, and raids, manage the deportation process, and inspect arriving people and trade.  The head of each office will be a Chief Patrol Agent, Deputy District Director for Investigations, Deputy District Director for Deportation, and Deputy District Director for Inspections, respectively, covering each activity or responsibility.

The major fly in the ointment though is the statutory separation of the adjudication of benefits delegated by the HSA to a separate component, USCIS, the leader of The Resistance of Deep State bureaucrats.  This calls for Congress to correct their mistake, and a mistake USCIS is, and a major mistake.  USCIS has become the home of advocates for illegal aliens, terrorists, and criminals.  It is staffed by Social Justice Warriors, especially in management.

USCIS can be reorganized administratively, but must remain its own component under the current law.  The acting Secretary can, however, immediately impose essential reforms within USCIS, first of which must be authorization of the current arrest authority of it officer cadre has but does not exercise under the current liberal regime at USCIS, their arming and training for enforcement, and the addition of an office of criminal investigations and correspondent addition of criminal investigators in the 1811 occupational category to its ranks in sufficient numbers to investigate all fraud in the immigration benefits system, something that HSI is supposed to do, but refuses to do.   The acting Secretary must also implement a policy of actually making administrative arrests of illegal aliens who apply for benefits and those denied benefits for fraud or ineligibility.

However, the real solution is for Congress to realize its mistake in creating USCIS and abolish it, transferring the benefit adjudicating function to the BBP.  That function can be integrated into the District Office system as it was in the INS.  This would solve the problems observed by the OIG report of lack of communication and siloing by the current components, of which USCIS is the most egregious violator, the component the least cooperative with others given the hostility of USCIS management to immigration law enforcement.  In the District system, an office of Examination will be added to Border Patrol, Investigations, Deportation, and Inspections.  At the District level the District Director, restricted to an employee with an enforcement background, will ensure that all offices are working together to deal with the problems of immigration fraud and enforcement, basically keeping the illegal alien sympathizers in check.

Furthermore, the administrative savings would be enormous, allowing for a more expansive and efficient enforcement activities.  Gone will be separate back office duties like counsel, HR, IT, and finance.  There will be instead of three duplications of back office activity, only one, allowing for a reduction is middle and higher management of the back office duties.

Another major reform would be the recreation of the unified training regime for all immigration officers as in the legacy INS.  Under the INS, there were two basic training academies for employees, including those whose primary responsibility was adjudication of benefits, the Immigration Officer Basic Training Course (IOBTC) and the Border Patrol Academy (BPA).  Currently HSI, CBP, USBP, USCIS, and ERO have separate training academies.  Given the special requirements for Border Patrol Agents, a return to two academies is advised.  The IOBTC will be for all officer positions, including Asylum Officers, except Border Patrol Agents.  This will unify the knowledge of immigration law that is lacking among CBP Officers and HSI Special Agents, and train USCIS Officers up to a standard so they can start making arrests.  A consequence of this unified training system, will be that any officer can perform the duties of another officer in a different area of responsibility, much like a sheriff's deputy assigned to the county jail can deploy to patrol or investigations as needed by enforcement needs.  Officers from Examinations can be deployed to make arrests in emergencies, Inspectors at Ports-of-Entry can deploy to assist in raids, or any other combination of needs at any given moment.  It will also increase cooperation, esprit de corps, efficiency, and effectiveness, as well place fear into the hearts of illegal aliens who have no fear of USCIS.

It is time for the Trump Administration to make real effort to reorganize DHS and its components, and to demand from Congress a correction of the mistake that was USCIS.