enforcement

Eight Amendments to Increase Immigration Enforcement Approved by the House

Last night, the House of Representatives passed the Homeland Security spending bill for the 2013 fiscal year, which included 8 immigration amendments supported by NumbersUSA.

Throughout the day on Thursday, our activists flooded the Capitol switchboard with calls to help get the amendments passed. And with roll call votes on three of the amendments, we'll be able to update our grade cards over the next few days!

The first amendment to receive a roll call actually came on Wednesday night and was featured on our home page on Thursday. Reps. Ted Poe of Texas and Jason Altmire of Pennsylvania offered a bipartisan amendment to reallocate funds to pay for the construction of cell phone towers along the Southwest border. The wife of murdered rancher Robert Krentz believes that if there was a cell phone signal along the border in 2011, her husband might still be alive today. The amendment passed 302-to-113 with strong support coming from both sides of the aisle.

The two other roll call votes were split mostly by party line, but both were still approved with large margins. Rep. Steve King of Iowa offered an amendment that would prohibit funds from being used to implement and execute the directives from ICE Director John Morton's memos of 2011. These memos instruct agents to use prosecutorial discretion thereby offering an administrative amnesty to illegal aliens that have not committed a violent crime. It passed 238-to-175. The other amendment was offered by Rep. John Sullivan of Oklahoma, and his amendment prohibited funds from being used to terminate 287(g) contracts. It passed 250-to-164.

The amendments approved by voice vote include:

  • Rep. Chip Cravaack's amendment to keep criminal aliens behind bars before they're deported;
  • Rep. Price's amendment to prevent funds from being used to circumvent the enforcement of immigration laws;
  • Rep. Black's amendment to prohibit the funding of a Public Advocate position within ICE;
  • Rep. Graves' amendment to prevent the implementation

Visit the Numbers USA website for more information

 


 

Deportation consistent with immigration rules: US

The US today said that the deportation of Indian orphan Kairi Abha Shepherd was consistent with its immigration priorities, indicating it would go ahead with the proceedings, despite an appeal by New Delhi that her case be treated with "sensitivity and compassion".

India had said that the humanitarian dimension of the case should be considered before removing Shepherd, who was adopted by an Utah woman from Kolkata when she was just three months old and has lived in the US ever since.

In 2004, Shepherd, was convicted of attempted forgery and third-degree forgery. After she served her time, the government initiated removal proceedings against her, and the 30 year old is facing deportation as a "criminal alien".

Reacting to the Indian request, the US Immigration and Customs Enforcement (ICE) said the deportation proceedings were in line with immigration enforcement priorities.

"ICE has reviewed Ms Shepherd's case at length and believes seeking her removal is consistent with the agency's immigration enforcement priorities, which include focusing on identification and deportation of aliens with felony criminal convictions," spokesperson Virginia Kice said.

The statement came in response to the Indian Embassy spokesman, Virander Paul's plea in this regard that her case "deserves to be treated with the utmost sensitivity and compassion, keeping in mind the humanitarian dimension and tenets of universally accepted human rights".

"The Embassy has seen reports concerning Kairi Shepherd, and has requested the US authorities for facts on this matter," the spokesman said. "All the information available to us on this case indicates that it has a clearly humanitarian dimension that cannot be ignored. As reports indicate, Kairi Shepherd was brought to the United States after adoption, as a baby, and has known no other home," Paul said.

Explaining the case of Shepherd, the ICE spokesperson said she was originally encountered by Enforcement and Removal Operations (ERO) officers at the Salt Lake County Adult Detention Complex in October 2007 following her incarceration on unknown local charges.

"ERO officers processed Ms Shepherd and placed her in immigration removal proceedings after determining she was potentially deportable based upon her criminal history," Kice said.

She said an immigration judge had ordered Shepherd's deportation in February 2010, and a Court of Appeals had recently declined to set aside that order.

"Background checks indicate Ms Shepherd's criminal history includes two prior convictions in Utah in 2004 for attempted forgery and forgery, the latter of which constitutes an aggravated felony," Kice said, defending ICE's decision to move ahead with the deportation proceedings.

Shepherd has said deportation was akin to 'death sentence' for her.

Shepherd was adopted by an Utah woman in 1982. As luck would have it, her mother died of cancer when she was eight. "Ms Shepherd was an orphaned baby in India when she was brought to this country for adoption in 1982 by a US citizen. Her adoptive mother died when she was eight years of age, and she was thereafter cared for by guardians. There is no record of any effort by Ms Shepherd or her guardians to petition for her citizenship," court documents say.

At an initial hearing before the Immigration Judge (IJ), government counsel noted that Shepherd's history suggested she might be able to prove she became a US citizen through adoption under the CCA's automatic citizenship provision.

This provision directs that "a child born outside of the United States automatically becomes a citizen of the United States" when three conditions are fulfilled: "(1) At least one parent of the child is a citizen of the United States"; "(2) The child is under the age of eighteen years"; and "(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence".

And citizenship constitutes the "'denial of an essential jurisdictional fact' in a deportation proceeding".

Her deportation proceedings would be carried out by the US Immigration and Customs Enforcement (ICE) after it receives the necessary travel documents from the Indian Government.

"Before carrying out a deportation, ICE (US Immigration and Customs Enforcement) must first obtain a travel document to ensure the receiving country will admit the alien who is being returned," ICE spokesperson, Lori K Haley.

 

Governor Kitzhabers actions generate letter of frustration

Stephen Smith of Portland was moved to "words" in a great letter to his Legislator.  Read his letter in our letters section.

Perhaps you'll be inspired to write a letter of your own, too!  If you don't know how to contact your Legislator click here.

Governor Kitzhaber attempts to preempt federal law

Read below a statement from the Department of Homeland Security outlining the documents a foreign national must have to enter the United States legally. In essence a non-citizen must have either a passport or a valid visa issued by a U.S. Consular official. There is one exception to the rule.

A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier issued by the U.S.Department of State. Mexican citizens using the card may only travel 25 miles into the U.S.

A Mexican matricula consular card is not valid as proof that a person is legally in the U.S. In fact, if a Mexican matricula card is the best or only identification a person can present, that is tacit admission that the person is illegally in the U.S.

Governor Kitzhaber is attempting to preempt federal law by promoting acceptance of the matricula consular as identification for drivers. That policy amounts to aiding and abetting illegal immigration. Furthermore it puts the Oregon State Police in a difficult legal position and citizens in danger.

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U.S. Customs & Border Protection

Entering the U.S. - Documents required for Foreign Nationals (International Travelers)

What travel documents and identification are required for a foreign national to enter the U.S.?

Updated 02/06/2012 11:22 AM

 

A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes/business, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the VisaWaiver Program, please reference the Department of State Web site. Canadians coming as a Treaty Trader, classification E are required to have a visa to enter the U.S. as are Canadians coming to marry a U.S. citizen and reside in the U.S. (K1)

A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory by land or sea. Mexican citizens using the Border Crossing Card may only travel 25 miles into the U.S. - except in the Nogales/Tucson area, where travel to Tucson is authorized.

Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.

Visitors traveling to the U.S. are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the U.S. For a list of countries exempt from the six month rule, see Six Month Club. (Six Month Club validity on your passport does not apply to U.S. Citizens returning to the United States.)

Senator Merkely holding 5 town halls in Eastern Oregon

OFIRP encourages members to attend Townhall meetings and ask questions. See below for suggested questions, if you don't have your own ideas.  Invite a friend or neighbor to join you.  Remember, Senator Merkley works for Oregon's citizens, but his Immigration-Reduction Report Card shows a D- grade.   

Ask Senator Merkley to explain why he isn't working for unemployed Oregonians.

Sherman County Town Hall
Tuesday, May 29, 2012
12:00 pm
Rufus Community Center
304 West 2nd
Rufus, OR 97050

Gilliam County Town Hall
Tuesday, May 29, 2012
2:30 pm
Arlington High School Gymnasium
1200 Main Street
Arlington, 97812

Morrow County Town Hall
Tuesday, May 29, 2012
5:30 pm
Ione School District
Cafeteria
445 Spring Street
Ione, OR 97843

Wallowa County Town Hall
Wednesday, May 30, 2012
2:00 pm
South Fork Grange
Hwy 82 (Center of Lostine)
Lostine, OR 97857

Wheeler County Town Hall
Thursday, May 31, 2012
12:00 pm
Wheeler County Family Services Building
401 Fourth Street
Fossil, OR 97830

Below are a few examples of questions you could ask Senator Merkley:

Senator Merkley, mandatory E-Verify could get millions of Americans back to work and has support from people in every party. Why have you not worked with fellow Oregonian Representative DeFazio to get this mandate passed?

Senator Merkley, only illegal aliens and the big businesses that hire them are against E-Verify. 81% of Democrats support E-Verify. So why are you refusing to support this program? Who are you trying to protect?

Senator Merkley, there are 20 million Americans who are unemployed, jobless, or underemployed. If you were on the side of the American worker, you would support E-Verify. It could open up 7 million jobs, more than any bill being discussed in Congress right now! Will you please support mandatory E-Verify?

Vancouver man arrested in international drug investigation

A 31-year-old Vancouver man has been arrested on suspicion of involvement in an international synthetic marijuana trafficking conspiracy, according to the Oregon district of the U.S. Department of Justice.

Ryan A. Scott, 31, of Vancouver pleaded not guilty May 16 in federal court in Oregon to multiple charges revolving around a conspiracy to manufacture and distribute synthetic marijuana. He was released on conditions pending trial, according to a justice department news release.

Scott was one of four people arrested in connection with a trafficking investigation first launched in early 2011 by the Immigration and Customs Enforcement’s Homeland Security Investigations, the Internal Revenue Service and the Drug Enforcement Administration. Lead defendant Alexander Dimov, 33, of Bulgaria was arrested May 15 on the island of Molokai in Hawaii and was detained for transport to Oregon.

“With these arrests, HSI has halted a multi-million dollar business that we believe was a threat to public health and safety,” said Brad Bench, acting special agent at HSI Seattle, in a statement.

The suspects allegedly conspired to manufacture and distribute synthetic marijuana with unsafe chemicals banned by DEA, mixing them with herb extracts and marketing them as “incense” online with dozens of domain names, including k2incense.org. A well-known synthetic marijuana product was called Spice.

Federal agents used search warrants May 15 to seize hundreds of pounds of dried plant materials, packaging equipment and chemicals found in the defendants’ residences and a warehouse in Vancouver.

“Buying incense to put in marijuana pipes is like playing Russian roulette because the consumer has no idea what chemicals in are in the base plant material,” said Commander Mike Cooke of the Clark-Skamania Drug Task Force. “You have no way to tell if there is a banned illegal substance in it. Incense isn’t supposed to have banned ingredients, but the consumer doesn’t have a way to know that.”

Side effects of the banned chemicals can include rapid heartbeat, hallucinations and psychotic state, Cooke said.

“It’s not uncommon for people to be transported to the ER with Spice,” he said.

The defendants’ trial is set for July 10 in U.S. District Court.

NOTE:  On May 15, 2012, law enforcement officers from local and federal agencies and led by ICE arrested lead defendant Alexander Dimov, 33, on the island of Molokai in Hawaii. Dimov, a Bulgarian national currently in overstay status, appeared in federal court in Honolulu and was detained for transport to Oregon.

 

Supreme Court: Having legal-resident parents doesn't prevent deportation of adult children

The Supreme Court decided unanimously today that the immigration status of parents can't help their adult-aged, illegal-alien children convicted of a crime. In the case Holder v. Martinez, the Court overturned a decision by the Ninth Circuit Court of Appeals that ruled that Carlos Martinez Gutierrez, who had been ordered deported, couldn't use his father's status as a lawful permanent resident to stay in the country.

Pres. Obama appointee, Justice Elena Kagan wrote the unanimous decision. She wrote:

The board has required each alien seeking cancellation of removal to satisfy §1229b(a)'s requirements on his own, without counting a parent's years of continuous residence or LPR status. That position prevails if it is a reasonable construction of the statute, whether or not it is the only possible interpretation or even the one a court might think best. We think the BIA's view on imputation meets that standard, and so need not decide if the statute permits any other construction.

Carlos Martinez Gutierrez was caught smuggling illegal aliens across the border and was ordered deported.

The Supreme Court combined the Gutierrez case with another case in handing down its decision. Damien Antonio Sawyers was convicted on a drug offense and ordered deported despite being given legal status seven years prior to his arrest. His mother had legally entered the U.S. six years before he did.

To read the Supreme Courts full decision, click here.

Fifteen arrested in multi-agency drug sweep

Approximately 90 city, state and federal police officers swarmed across the Rogue Valley Thursday in one of the largest methamphetamine busts in recent history.

Fifteen people were lodged in the Jackson County Jail on felony drug charges as part of Operation Clear Green, which focused on a group responsible for selling pounds of meth per week, Medford police Lt. Brett Johnson said.

A yearlong investigation into the group turned up enough evidence for eight search warrants served in Medford, Eagle Point, White City and Central Point on Thursday, Johnson said.

"We've been watching this organization closely since we first learned about them last year," Johnson said.

The case began last summer when Jackson County sheriff's deputies raided a large outdoor marijuana garden. A thousand plants were pulled from the garden by the Southern Oregon Multi-Agency Marijuana Eradication (SOMMER) team.

SOMMER then shared their findings with the Medford Area Drug and Gang Enforcement (MADGE) team during a briefing. The teams found that many of the same suspects appeared in two separate drug investigations headed by both agencies, Johnson said.

Over the past year, SOMMER and MADGE learned that a large group of suspects were working together to move meth throughout the county.

The agencies brought in officers from the Talent, Ashland, Central Point, Phoenix, Oregon State Police, Grants Pass, Klamath Falls, and several federal agencies including the Drug Enforcement Administration and the Federal Bureau of Investigation to serve warrants at eight locations tied to the drug traffickers Thursday morning.

The drug houses were located on McLoughlin Drive in Central Point, Yankee Creek Road in Eagle Point and Vilas Road in Medford.

The warrants turned up 3 pounds of methamphetamine, marijuana plants, an ounce of heroin, a small amount of cocaine, 1 pound of dried marijuana, three handguns, two rifles and $30,000 in cash, believed to be proceeds from drug sales.

Among those arrested were:

- Benardo Parra-Chavez, 28, of Central Point, was arrested on eight counts of delivery of methamphetamine and eight counts of manufacture of methamphetamine. He was lodged in jail on $4 million bail [Illegal Alien].

- Stephanie Huff, 23, of Medford, was charged with delivery of methamphetamine, manufacture of methamphetamine, possession of methamphetamine and first-degree child neglect. She was lodged in jail on $530,000 bail.

- Juan Garcia-Ledezma, 28, of Medford, was charged with five counts of delivery of methamphetamine and five counts of possession of methamphetamine. He was lodged on $2,550,000 bail [Illegal Alien].

- Hugo Flores-Galvan, 25, of Medford was charged with delivery, possession, manufacture of methamphetamine and marijuana. He was lodged in jail on more than $1 million bail [Illegal Alien].

- Antonio Alonzo-Gomez, 43, of Medford, was charged with three counts each of delivery, manufacture and possession of methamphetamine. He was lodged on more than $1 million bail.

- Hector Saldana-Madrigal, 38, of White City, was charged with delivery and possession of methamphetamine. He was lodged on $510,000 bail [Illegal Alien].

- Victor Zaragosa-Infante, 53, of Medford, was charged with two counts each of delivery and possession of methamphetamine. He was lodged on more than $1 million bail.

- Jose Zamora-Tovar, 48, of White City, was charged with delivery, manufacture and possession of methamphetamine. He was lodged on $60,000 bail [Illegal Alien].

- Julie Nichole Parke, 33, of Eagle Point, was charged with possession of methamphetamine. She was lodged on $10,000 bail.

- Bernie George Helms, 21, no known address, was charged with a probation violation. He was lodged on $5,000 bail.

- Jeffrey Baltazar, 35, Victor Solis-Guzman, 24 and Alberto Salcedo-Jimenez, 28, all of Medford, were cited and released for possession of methamphetamine.

In addition, two juveniles were arrested on probation violations and lodged at the Jackson County Juvenile Detention Center in Medford.

Teen who caused flight ruckus back to face charges for Ashland incident

A19-year-old Saudi Arabian who allegedly rammed two police cars in February, then was arrested for causing a disturbance on a plane in Portland two days later, is back in Jackson County to face local charges after pleading guilty to the federal charge of interfering with a flight crew.

Yazeed Mohammed Abunayyan pleaded guilty Monday in U.S. District Court in Portland, where District Judge Marco Hernandez sentenced Abunayyan to time served and ordered him to pay a $100 fine.

Jail records in Multnomah and Jackson counties indicate Abunayyan was released in Portland Friday morning and transported back to Jackson County.

He will face multiple charges of criminal mischief, driving while intoxicated and reckless endangerment stemming from the Feb. 19 incident in Ashland.

Abunayyan, who family members say suffers from schizophrenia and hadn't been taking his medication for weeks before he was arrested, led Ashland police on a low-speed chase before ramming two police cars, authorities said. After his arrest, he posted bail and signed an agreement that he would remain in the state until his next court appearance.

But on Feb. 21, Abunayyan boarded a Continental Airlines flight in Portland bound for Houston. It was forced to return to the Portland International Airport 30 minutes later after Abunayyan caused a disturbance when a flight attendant asked him to extinguish an electronic cigarette.

Court records said he yelled obscenities, tried to hit two passengers and mentioned Osama bin Laden before he was subdued.

Fahad Alsubaie, 21, a Saudi Arabian international exchange student studying English at Southern Oregon University and Abunayyan's cousin, accompanied Abunayyan on the flight.

Alsubaie said he was escorting his cousin "to keep an eye on him." The pair planned to head back to Saudi Arabia to see Abunayyan's mother, who was very ill.

Alsubaie said he spoke with Abunayyan about a week ago when the latter was incarcerated in Portland.

"He told me he was doing OK," said Alsubaie, who hoped to arrange a visit with his cousin in the Jackson County Jail. Now that Abunayyan is back in Jackson County, "I can't say if he is good or bad now," Alsubaie said.

A Jackson County grand jury on Feb. 28 indicted Abunayyan on 14 charges, including one count of attempting to elude, two counts of first-degree criminal mischief, three counts of second-degree criminal mischief, failure to perform the duties of a driver when property is damaged, driving under the influence of intoxicants, five counts of recklessly endangering another person, and contempt of court for violating his bail agreement.

Another count of reckless endangerment and a charge of being an illegal alien have been added since then.

Abunayyan's bail is set at $4,000, but because of his illegal alien charge, if he were to post bail, he wouldn't leave Jackson County Jail unless it was in the hands of U.S. Immigration and Customs Enforcement officers, a jail official said.

Jackson County Deputy District Attorney David Hoppe said Abunayyan's case could be handled quickly.

"We're going to try to plead him out early next week," Hoppe said.
 

OFIR meeting, this Saturday, May 12 at 2:00pm

Alert date: 
May 7, 2012
Alert body: 

If you have always wondered what is really happening on our southern border, please join OFIR this Saturday, May 12 at 2:00pm for an in-depth, behind the scenes, where tourists are not allowed tour.  OFIR President Cynthia Kendoll will share her experiences in a photographic journey to places rarely seen by the public.  You won't want to miss this one.  Invite a friend, reach beyond the propaganda and learn what Arizona is dealing with on a daily basis.

One year ago President O'bama declared our borders "mostly secure".  Join us and decide for yourself if you agree.

Saturday, May 12, 2012 - 2 pm

In Salem, at the Best Western Mill Creek Inn,

3125 Ryan Dr SE, just west of I-5 Exit 253, across from Costco.

 

 

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