President

Obama Administration Weakens Secure Communities

U.S. Immigration and Customs Enforcement (ICE) quietly announced last week that it is changing its Secure Communities program to better meet the Administration’s enforcement priorities. The announcement came in the form of a 19-page report ICE released to address a series of recommendations made by the Department of Homeland Security’s Secure Communities "Task Force." (See ICE Response to the Task Force on Secure Communities Findings and Recommendations, Apr. 27, 2012)

While ICE’s responses to the recommendations varied, the agency made a significant policy shift by agreeing with the Task Force recommendation that it should refrain from enforcing the law against illegal aliens apprehended for "minor traffic offenses." (See ICE Response at p. 13) As a result, ICE announced that when Secure Communities identifies illegal aliens pursuant to a traffic offense, ICE will no longer ask the local jails to detain the illegal aliens so that ICE may begin deportation proceedings. ICE characterized its policy shift as follows: "For individuals arrested solely for minor traffic offenses, who have not previously been convicted of other crimes and do not fall within any other ICE priority category, ICE will only consider making a detainer operative upon conviction of the minor criminal traffic offense." (Id. at 14)

Even more disturbing, ICE’s response appears to encourage local agencies not to submit fingerprints to the FBI or DHS for individuals arrested for "minor offenses." ICE states: "It should be noted that states can choose not to submit to the federal government the fingerprints for individuals arrested for minor offenses. In states that do not fingerprint for minor offenses (or that fingerprint for state use but do not submit those fingerprints to the FBI) aliens cannot be identified through Secure Communities because they do not become part of the federal information sharing process in the first place." (Id.) Not only does this directly provide sanctuary cities a way to circumvent the program, but it belies previous statements by the Administration that the program is not optional. (See FAIR Legislative Update, Aug. 8, 2011)

Moreover, despite claims of limited resources, ICE also announced it plans to take action against jurisdictions with arrest rates the agency deems too high. According to the report, ICE and the DHS division of Civil Rights and Civil Liberties have "retained a leading statistician" to examine data for each jurisdiction where Secure Communities is activated and to look for indications of racial profiling. "Statistical outliers," the response reads, "will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues." (See ICE Response at p. 15)

ICE’s announcement that it will limit the scope of Secure Communities is particularly striking because Secure Communities is virtually the only immigration enforcement program the Obama Administration has been promoting. For this reason, the policy change is an unmistakable indication that the Obama Administration has decided to cede even more ground to the open borders, pro-amnesty lobby.

Mexican ID Cards Now Serve as Valid ID in Oregon

Last Tuesday, the Governor of Oregon, John Kitzhaber (D), announced that state and local officers will begin accepting Matricula Consular ID cards issued by the Mexican government as proof of identity for illegal aliens during traffic and other stops. (Associated Press, May 2, 2012)

Four years ago, Oregon toughened its driver’s license policies to prevent illegal aliens from receiving and renewing licenses, but now the state is backing down. (The Oregonian, June 29, 2008) Governor Kitzhaber, glossing over the fact that illegal aliens are violating federal immigration law and state laws by driving unlicensed, claimed that police no longer have an accurate way of identifying illegal aliens during traffic stops. (See Gov. Kitzhaber Letter, May 1, 2012; see also Associated Press, May 2, 2012)

Mexican Matricula Consular cards are highly susceptible to fraud. The Mexican government issues them to Mexican nationals residing outside of Mexico, regardless of their immigration status. (See FAIR Matricula Consular ID Summary, 2003) The Mexican government has no centralized database to coordinate the issuance of the ID cards, and multiple cards can easily be obtained under the same name and address, or with the same photograph, making it easy to establish false identities. (FBI Testimony, June 26, 2003).

Moreover, the FBI has long held that the cards are "not a reliable form of identification" and pose dangers to national security. (Id.) Having a Matricula Consular ID makes it easier for illegal aliens to move about the country, avoid triggering watch-lists, conceal identities from law enforcement, facilitate human trafficking and smuggling, and establish bank accounts to wire money outside the United States. (Id.; see also FAIR Matricula Consular ID Summary, 2003)

Nonetheless, Gov. Kitzhaber gave no indication of fear of such risks, instead expressing his goals for illegal aliens to "come out of the shadows and contribute to [Oregon’s] economic recovery," and hinting at his desire for illegal aliens to be allowed to own driver’s licenses again. (See Gov. Kitzhaber Letter, May 1, 2012)

New York Steps Closer to Private Tuition Fund for Illegal Aliens

The New York State Assembly approved legislation last Tuesday that would permit illegal alien college students to participate in the state’s Tuition Assistance Program (TAP). (El Diario, May 3, 2012)

Bill #A08689B, which establishes the New York DREAM Fund Commission, passed the Assembly by a vote of 163 to 3. (See A08689B Votes, May 1, 2012) The 12-member commission will raise private funds for college tuition scholarships for illegal alien minors. The DREAM fund will also make family tuition accounts available to anyone who provides a valid taxpayer identification number, which the IRS grants to illegal aliens because they do not have valid Social Security Numbers. (See A08689B, May 1, 2012; see also New York Daily News, May 1, 2012)

A DREAM Act report produced by the pro-amnesty New York Fiscal Policy Institute (FPI) estimates the cost of funding illegal alien college tuition in New York to be around $17 million annually. (New York Fiscal Policy Institute Report, Mar. 9, 2012) New York’s taxpayers already subsidize illegal alien college students by allowing them to pay in-state tuition rates, and pays over $4.8 million annually in K-12 education for illegal aliens. (See FAIR Summary on States Permitting In-State Tuition for Illegal Aliens, Sept. 2011; see also FAIR Illegal Immigration Cost Study, July 2010)

FPI’s report attempts to justify these costs by arguing that an increase in "the education levels of workers also increases their productivity…." (New York Fiscal Policy Institute Report, Mar. 9, 2012) However, the students who would benefit from this tuition funding are currently prohibited by law from being employed in the United States. (See INA § 274A(h)(3))

The New York bill, which is similar to legislation passed by Illinois last year, now awaits consideration by the New York State Senate. (See  A08689B, May 1, 2012; see also FAIR Legislative Update, May 9, 2011)

Justice Dept. Seeks to Intimidate Alabama School Districts

In its relentless quest to prevent state and local officials from enforcing immigration laws, the Department of Justice (DOJ) last week sent another letter of intimidation to the Alabama State Department of Education. In the letter, Civil Rights Division chief Thomas Perez drops a thinly veiled threat of litigation to persuade Alabama officials to back away from its immigration enforcement law, HB 56, and specifically the provision that requires schools to collect immigration data on its students.

To-date, Perez writes, the DOJ investigation shows that "H.B. 56 has had significant and measurable impacts on Alabama’s school children." These impacts, Perez states, have weighed most heavily on Hispanic and English language learner students.

Perez states these findings are based on local school data and anecdotal evidence. The local school data, which Perez says raises "significant concern," shows that between the start of the school year and February 2012, 13.4 percent of Alabama’s Hispanic schoolchildren withdrew from school. Remarkably, however, Perez appears unable to explain whether those school children re-enrolled in the same school district, re-enrolled in another Alabama school district, or left the state. He also does not specify what the normal withdrawal rate is in any given year to provide context.

Perez cites no other data given to him by the Alabama Department of Education to support his conclusions. Instead, he writes that anecdotal evidence backs up his claim that HB 56 is unlawfully impacting Hispanics residing in Alabama. Writing with deliberate vagueness, Perez states that "many" Hispanic students reported staying home from school or withdrawing out of fear and that "many students" conveyed that HB 56 made them "feel unwelcome in the schools they had attended for years." "Hispanic children," he adds, "reported increased anxiety and diminished concentration in school, deteriorating grades, and increased hostility, bullying, and intimidation."

This letter from the DOJ to the Alabama Department of Education is not the first. In November 2011, Perez sent a letter to Alabama demanding its schools provide data about student absenteeism since the beginning of the 2011-2012 school year. (See FAIR Legislative Update, Nov. 7, 2011) At first, Alabama Attorney General Luther Strange balked at the request for local school data, but later the state agreed to cooperate with the DOJ investigation. However, it appears that the local school data, which Alabama sent to the DOJ in early April, did not provide the DOJ with the evidence of discrimination it sought as the most recent letter focused almost entirely on anecdotal reports and recitations of existing federal law.

The timing of this last DOJ letter was also unmistakable. It was sent to Alabama officials the very week the state legislature was scheduled to debate and vote on changes to HB 56. As it turns out, however, the Alabama Senate postponed debate on the legislation to amend HB 56 (HB 658) to this week. Read more about Obama Administration Weakens Secure Communities

Illegal Aliens Continue Going Public to Avoid Deportation

One of the newest trends illegal aliens are embracing as a means to escape deportation might surprise you: they’re going public.

This brazenness is thanks to the Obama Administration’s issuance of prosecutorial discretion guidelines, which direct DHS agents to ignore illegal aliens so long as they are not convicted of crimes the Administration deems serious. (See FAIR’s Morton Memos Summary, Jan. 2012)

This mandated “discretion” sends a clear message to illegal aliens that it’s okay to break the law. The amount of confidence bestowed by President Obama’s administrative amnesty policies has been enough to encourage illegal aliens to come out of hiding, stage their own rallies, and even challenge immigration authorities directly.

Here is a sampling of these “coming out” stories:

• In February, José Luis Zelaya, a graduate student at Texas A&M University, gained attention by running for the highly publicized position of Student Body President, integrating his illegal status into his campaign platform. (Fox News Latino, Feb. 29, 2012)

• Daniela Palaez of Florida gained nationwide attention in March when she was named her high school’s 2012 valedictorian. Palaez, who was brought to the U.S. as a young child, was facing imminent deportation until her story went viral and Florida Reps. Illeana Ros-Lehtinen and David Rivera, as well as Sens. Marco Rubio and Bill Nelson, made public appeals on her behalf. Within four days, ICE granted Palaez a two-year deferment of deportation, citing prosecutorial discretion. (FOX Phoenix, March 2, 2012; see also CBS Miami, March 6, 2012)

• In mid-April, Florida State University Law School graduate and tourist visa overstayer Jose Godinez-Samperio was spotlighted by the media when he petitioned for admission to the Florida Bar Association. The Florida Board of Bar Examiners is now requesting decision assistance from the Supreme Court, which marked the case “high profile.” (Chicago Tribune, April 16, 2012; see also Orlando Sentinel, April 15, 2012)

• Mohammed Abdollahi, an illegal alien residing in Michigan, brazenly explained that “the more public [illegal aliens] are with our stories, the safer we are.” (USA Today, March 12, 2012) Abdohalli, fearing he would be deported after years of living in the country illegally, got himself arrested and publicly pled his case. Sure enough, his lawyer was notified by an immigration official that Abdohalli would not be pursued for deportation. (Id.) Abdollahi now works for the National Immigrant Youth Alliance (NIYA).

• Most recently, Dulce Matuz, an illegal alien and graduate of Arizona State University, was granted a coveted spot on TIME Magazine’s 2012 list of the Top 100 Influential People in the World. Matuz, who is the founder of the Arizona DREAM Act Coalition, is working hard to reach Latino voters in Arizona with her belief that illegal immigrants deserve a pathway to citizenship. (WCVB-Boston, April 20, 2012; see also TIME Magazine, April 18, 2012)

So many illegal aliens feel comfortable going public under this Administration that they’ve even created their own day of recognition. National Coming Out of the Shadows Day was first hosted in 2010 by the Immigrant Youth Justice League (IYJL). The group’s Facebook page proudly notes that their event spurred “actions of civil disobedience” in a multitude of states. (See IYJL Facebook Page; see also Business Week, April 16, 2012) One such action took place in Philadelphia, where two illegal alien students challenged immigration officers by entering an ICE field office and declaring their illegal status. They were arrested for blocking a street and ICE initially filed detainers on the two students, but eventually released them without consequence. (Bi-College News, March 20, 2012)

While some illegal aliens choose to “remain in the shadows,” a growing number continue to flaunt their status as if their unlawful presence alone merits citizenship, and suddenly a different descriptor comes to mind: entitled.

The rise in confrontational tactics by illegal aliens provides clear confirmation that President Obama’s administrative amnesty measures are serving as positive reinforcement to the illegal community, cementing the idea that illegal aliens deserve citizenship simply due to their presence. Read more about Illegal Aliens Continue Going Public to Avoid Deportation

Pres. Obama's Administrative Amnesty

President Obama’s administrative amnesty for illegal aliens has never been adequately covered in the mainstream media.  It’s only on the internet and talk radio that the public learns much about the numerous sweeping actions he's taking to enable illegal aliens to stay in the U.S.

FAIR and the Center for Immigration Studies continue to issue updates on the various actions.  Also OFIR members who have signed up with NumbersUSA for alerts receive updates with opportunities for free faxing to Congress urging action to stop the administrative amnesties. 

In their campaigns, the leading Republican candidates for President are speaking against amnesties.  We should encourage them to support strict enforcement of the immigration laws and mandatory use of E-Verify.  Contact information is available on NumbersUSA’s page on candidates.  Click on the photograph of each candidate.

For a detailed listing of actions Pres. Obama has undertaken that favor illegal aliens and help them to stay here, read this article from FAIR’s website:

President Obama's Immigration To-Do List Is Almost Complete

By Bob Dane and Kristen Williamson, Federation for American Immigration Reform

Published November 13, 2011 | FoxNews.com

http://www.fairus.org/site/News2?page=NewsArticle&id=24535&security=1601&news_iv_ctrl=1742

Advocates for open borders and illegal alien amnesty must be pleased. President Obama has accomplished almost everything on their Wish List, short of a massive amnesty bill. But the president’s checklist achieves almost the same thing, of course without Congressional approval. Public demand for secure borders and interior enforcement has been ignored while Congress’s constitutional authority to regulate immigration has been simply bypassed.

To date, the scope of President Obama’s immigration to-do list is shocking and nearly complete:

Enact backdoor amnesty

- Accomplish administratively what is not possible legislatively.

- Issue new ICE memos radically changing deportation policies.

- Create clandestine interagency working group to review 300,000 pending removal cases. Use new deportation polices to justify dismissing most.

- Grant work authorization to illegal aliens allowed to stay.

- Focus enforcement only on violent criminal aliens. Release most others and suggest that immigration violations, in and of themselves, are of little consequence.

Intimidate every state that dares to enforce existing federal immigration laws

- Sue Alabama, Arizona and South Carolina. Threaten other states even thinking about enacting immigration bills.

- Claim federal preemption precludes states from participating in enforcement while simultaneously preventing federal authorities from enforcing the law. Create chaos and constitutional crisis when no one is allowed to do it!

Allow state and local law enforcement to thwart federal authorities

- Ignore Illinois, Massachusetts and New York efforts to stop participating in the Secure Communities program.

- Do not intervene in sanctuary cities that impede federal immigration enforcement.

Continue to push blanket amnesty in Congress

- Encourage Senate Democrats to pass the DREAM Act. Blame Republicans each time it fails.

- Include DREAM Act beneficiaries in the aforementioned new administrative amnesty policies – just in case the American public and Congress reject the bill, yet again.

Falsely claim that the border is secure

- Declare the border is secure, despite only 32 miles of the 700 mile double fence being completed.

- Scale back transportation checks at hubs along the northern and southern borders. Ignore national security implications of doing so

Allow illegal and legal immigrants to displace American workers

- Do not include E-Verify in any jobs or economic plans.

- Ignore 9 percent unemployment and continue blindly conceding to big business and tech industry demands for higher levels of legal immigration.

- End pro-active worksite enforcement operations except for auditing I-9s.

- Lift ban on cross-border trucking agreement with Mexico.

Yes, the special interests are quite pleased. Although this is not to be confused with being satisfied which they never will be until the United States abolishes all barriers to entry, all criteria for admission, and abrogates national sovereignty.

Congress must reassert its authority and responsibility to regulate immigration laws before the complete and permanent dismantling of all immigration enforcement becomes the final checked item on Obama’s to-do list.

Bob Dane is Communications Director at the Federation for American Immigration Reform. Kristen Williamson is Communications Assistant at FAIR. Read more about Pres. Obama's Administrative Amnesty

Justice Department files objection to Texas voter ID law

The Justice Department is objecting to a new photo ID law in Texas for voters, saying the state has failed to demonstrate that the the law is not discriminatory by design against Hispanic voters.

The department's head of the civil rights division, Tom Perez, wrote a a six-page letter to Texas' director of elections saying that Texas has not "sustained its burden" under Section 5 of the Voting Rights Act to show that the new law will not have a discriminatory effect on minority voters. About 11 percent of Hispanic voters reportedly lack state-issued identification.

Perez wrote that while the state says the new photo ID requirement is to "ensure electoral integrity and deter ineligible voters from voting" the state "did not include evidence of significant in-person voter impersonation not already addressed by the state's existing laws."

Perez added that the number of people lacking any personal ID or driver's license issued by
the state ranges from from 603,892 to 795,955, but of that span, 29-38 percent of them are Hispanic.

"According to the state's own data, a Hispanic registered voter is at least 46.5 percent, and potentially 120.0 percent, more likely than a non-Hispanic registered voter to lack this identification," Perez wrote.

"Even using the data most favorable to the state ... that disparity is statistically significant," he said.

Perez noted that the Texas law allowed voters to show military ID, a U.S. citizenship certificate, a U.S. passport or a license to carry a concealed handgun, but the state did not provide any statistics noting how many people lack state ID but have the other allowable forms.

"Nor has the state provided any data on the demographic makeup of such voters," Perez wrote.

Texas is the second state to have its voter ID law challenged. The Justice Department already blocked a similar law from taking effect in South Carolina

Read more: http://www.foxnews.com/politics/2012/03/12/justice-department-files-objection-to-texas-voter-id-law/#ixzz1ov1f3rWJ
  Read more about Justice Department files objection to Texas voter ID law

Absurd! President Obama's proposed budget cuts to Customs and Border Enforcement

Having just returned from a week long, intensive study of the Arizona/Mexico border I am appalled at the prospect of a reduced budget for our border protection.  Men and women of the border patrol and a variety of law enforcement agencies put their lives on the line every day to protect us.  It is our government's responsibility to make certain they have everything they need to do the job.  Drug cartels and human smugglers are very well funded and are just waiting for a reduction in our security to make their move.

The role of Government is to protect. Beyond securing our borders and protecting us from our enemies, the role of the Federal Government should be very small.

And yet, on Wednesday, the House Appropriations Subcommittee on Homeland Security held a hearing on President Obama’s proposed budget cuts to Customs and Border Protection (CBP), included in the Department of Homeland Security’s (DHS) budget proposal for Fiscal year 2013.

  • $68.2 million decrease in funding for air and marine operations and procurements
  • $7.1 million reduction in air and marine staff
  • $6 million decrease in border security inspections and trade facilitation between points of entry
  • $6.7 million decrease in automation technology modernization
  • $72.9 million decrease in border security fencing, infrastructure, and technology

Both Republicans and Democrats on the Subcommittee raised concerns that these proposed reductions could weaken CBP programs and put border security in jeopardy.

Read more at:  http://www.fairus.org/site/News2?page=NewsArticle&id=24897&security=1601&news_iv_ctrl=1012#4 Read more about Absurd! President Obama's proposed budget cuts to Customs and Border Enforcement

Could the US government be monitoring your political activities?

A recent article released by FAIR suggests that the O'bama administration may be more interested in your opinions than you think.  Apparently, according to testimony by committee members, the negative reaction to DHS’s “big brother” tactics has been overwhelmingly bipartisan.

On Feb. 16, the House Subcommittee on Counter-terrorism and Intelligence held a hearing on DHS’s monitoring of social networking and the media. (See Subcommittee Website, Feb. 16, 2012) Chairman of the Subcommittee, Patrick Meehan (R-PA), said DHS’ collection of intelligence on media reports adversely reflecting the government crosses the line and pointed out the “chilling effect” such monitoring could have on freedom of speech. (Rep. Meehan Opening Statement, Feb. 16, 2012) Ranking Member Jackie Speier (D-CA) described DHS’ ability to “build files on bloggers” as “outrageous” and a “violation of the Privacy Act.” She also said, “This…should not be a political operation and capturing public reactions to major government proposals is not something [the government] should be doing.” (Bloomberg Government Transcript, Feb. 16, 2012).

 

Read more in the National News section of the OFIR website at: http://www.oregonir.org/issues/dhs-uses-social-media-monitor-backdoor-amnesty-blowback


  Read more about Could the US government be monitoring your political activities?

DHS Uses Social Media to Monitor Backdoor Amnesty Blowback

A recently released 2011 reference guide for analysts working for the Department of Homeland Security’s (DHS) Media Monitoring Capability program reveals its mission includes keeping an eye on those who disagree with the Administration’s backdoor amnesty initiatives. (NY Times, Feb. 22, 2012) According to the guide, DHS is directing its analysts to identify and monitor “media reports that reflect adversely on DHS,” and track reports on the Administration’s “policy changes” in immigration and the term “illegal immigration” in particular. (Id.; see also 2011 DHS Manual, pp. 5-6)

The 2011 guide raises questions about recent claims by DHS officials who portrayed the program as limited to gathering information that would help gain operational awareness about attacks, disasters or other emerging problems. In addition to the analyst guide, DHS documents released in 2009 also indicate the Department is monitoring more than terrorist activity. Those documents reveal that DHS’ Social Networking/Media Capability program placed emphasis on gauging “public reaction to major government proposals with homeland security implications.” (See EPIC webpage; see also DHS documents acquired by EPIC)

The negative reaction to DHS’ “big brother” tactics has been overwhelmingly bipartisan. On Feb. 16, the House Subcommittee on Counterterrorism and Intelligence held a hearing on DHS’ monitoring of social networking and the media. (See Subcommittee Website, Feb. 16, 2012) Chairman of the Subcommittee, Patrick Meehan (R-PA), said DHS’ collection of intelligence on media reports adversely reflecting the government crosses the line and pointed out the “chilling effect” such monitoring could have on freedom of speech. (Rep. Meehan Opening Statement, Feb. 16, 2012) Ranking Member Jackie Speier (D-CA) described DHS’ ability to “build files on bloggers” as “outrageous” and a “violation of the Privacy Act.” She also said, “This…should not be a political operation and capturing public reactions to major government proposals is not something [the government] should be doing.” (Bloomberg Government Transcript, Feb. 16, 2012)

At the same hearing, DHS Chief Privacy Officer Mary Ellen Callahan denied allegations that DHS is capturing public reactions. “[Such behavior] would not have met the privacy standards that are in the five publicly available privacy impact assessments we've done.” (Bloomberg Government Transcript, Feb. 16, 2012)

The DHS analyst guide continues a pattern of efforts by President Obama to suppress views contrary to his Administration’s, such as the White House’s “flag” program during the healthcare debate and his campaign’s AttackWatch.com. Read more about DHS Uses Social Media to Monitor Backdoor Amnesty Blowback

ICE Names "Public Advocate" – Call Him!

Today ICE announced the creation of a new office to serve as a point of contact for those who have "concerns, questions, recommendations or important issues they would like to raise." Boy, do we!

The office will be led by Andrew Lorenzen-Strait, who has been at ICE since 2008, mainly working as an advisor on reforming detention practices. Prior to joining ICE, Strait was a legal services attorney in Prince George's County, Md.

Strait sees his job as helping to flack the administration's non-enforcement policies, which he calls "sensible priorities". He says he will "strive to expand and enhance our dialogue with the stakeholder community." Except to Strait, the only stakeholders worthy of attention are illegal aliens and their advocates.

But I think we should take his statement at face value. He says one of his main duties is to "assist individuals and community stakeholders in addressing complaints and concerns in accordance with agency policies and operations, particularly concerns related to ICE enforcement actions that affect U.S. citizens".

Since ICE has not seen fit to establish a victim's advocacy unit to address the concerns of victims and families, instead establishing a hotline for illegal aliens in detention, I hope all you citizens out there who have been affected by illegal immigration – especially those who have been the victims of crimes committed by illegal aliens – will not hesitate to get in touch with Mr. Strait, and let him and his staff hear your concerns. In his blog, he said he is "thrilled" to be in this role, and hopes you'll reach out to him. He can be reached at andrew.strait@dhs.gov or (202) 732-3999.

 

 

  Read more about ICE Names "Public Advocate" – Call Him!

Administration Appoints New Lobbyist for Illegal Aliens

In an effort to quell accusations by the open borders lobby that the Administration has not gone far enough with its administrative amnesty program, Immigration and Customs Enforcement (ICE) announced last week the creation of a new “public advocate” position for illegal aliens. Senior ICE Advisor Andrew Lorenzen-Strait, who was appointed as the new advocate, will serve as a point of contact for aliens in removal proceedings, community and advocacy groups, and others who have concerns, questions, recommendations or other issues they would like to raise about the Administration’s executive amnesty efforts. (ICEPress Release, Feb. 7, 2012)

The ICE announcement attempted to portray the creation of the Public Advocate position as part of the normal course of business.  “The creation of the Public Advocate position is another milestone in ICE's ongoing work to enact significant policy changes and improvements to focus the agency's immigration enforcement resources on sensible priorities…” ICE stated in its press release. (Id.

The new advocate will report directly to the Director of Enforcement and Removal Operations (ERO), Gary Mead. According to the agency’s website, the public advocate’s role will entail:

  • Assisting individuals and community stakeholders in resolving complaints and concerns with agency policies and operations;
  • Proposing changes and recommendations to fix community-identified problems and concerns;
  • Alerting agency leadership to potential community stakeholder concerns with current or proposed agency policies and/or operations; and
  • Maintaining a collaborative and transparent dialogue with community stakeholders on the agency's mission and core values.  (See ICE Website, Feb. 11, 2012)

Ironically called a “public” advocate, ICE created the new role solely to placate amnesty advocates in an election year. Chairman of the House Judiciary Committee, Rep. Lamar Smith (R-TX), called the Administration’s creation of the new position outrageous. “This is just further proof that the Obama administration puts illegal immigrants ahead of the interests of Americans,” he further added in a press release. “The Obama administration’s lack of immigration enforcement allows illegal immigrants to steal jobs away from American workers and now their in-house lobbyist for illegal immigrants costs U.S. taxpayers more money.” (Rep. Smith Press Release, Feb. 7, 2012) Read more about Administration Appoints New Lobbyist for Illegal Aliens

President is ignoring immigration laws

In a recent interview, President Barack Obama said he can’t just “wave away the laws that Congress put in place” and that “the president doesn’t have the authority to simply ignore Congress and say, ‘We’re not going to enforce the laws that you’ve passed.’”

But that is exactly what the president has done — ignored our immigration laws. Throughout the three years of his administration, Obama has waived applying several of our immigration rules and has refused to enforce other immigration laws.

Last month, Obama administration officials at the Department of Homeland Security outlined their plan to ignore a rule that requires illegal immigrants to leave the United States before they can ask the federal government to waive a law that bans them from legally returning here for several years.

While the waiver of this rule is sometimes allowed under current law, it is only applied on a case-by-case basis, not to entire categories of illegal immigrants. But Obama and his administration are bending these long-established rules by applying them to potentially millions of illegal immigrants.

And this proposal comes on the heels of an even larger plan to reward illegal immigrants. Last year, political appointees at DHS issued new deportation guidelines that amount to back-door amnesty for illegal immigrants and strike another blow at the 13 million unemployed American workers.

Under Obama’s deportation policy, DHS officials review all incoming and most pending cases before an immigration court to determine whether the illegal immigrant can remain in the United States. Because DHS political appointees have made it clear that many illegal immigrants are not considered “priorities” for removal, this means that potentially millions of illegal immigrants can remain here without a vote of Congress.

These changes made to our deportation policy could also allow illegal immigrants to receive a work permit and could put even more U.S. citizens on the unemployment rolls. In fact, when illegal immigrants are allowed to stay and apply for work authorization, the Obama administration grants it 90 percent of the time.

The president also routinely neglects to enforce our immigration laws. His administration has all but abandoned work-site enforcement efforts. During the past three years, work-site enforcement efforts fell 70 percent.

Under the Obama administration, there have been fewer arrests of illegal workers, fewer criminal arrests, fewer indictments and fewer convictions. As a result, 7 million illegal immigrants continue to work in the United States, forcing unemployed American workers to compete with them for scarce jobs.

In addition, the Obama administration sues states that try to help enforce federal immigration laws. The administration has filed suit against Arizona, Alabama and South Carolina for their laws designed to reduce illegal immigration and protect American workers.

At the same time, the Obama administration looks the other way when states and localities undermine federal immigration laws. The administration has ignored efforts by Illinois, Massachusetts and New York to stop participating in Secure Communities, a program that keeps our neighborhoods safe by identifying illegal and criminal immigrants in police custody who have been arrested and fingerprinted.

The administration has also refused to penalize “sanctuary” cities that blatantly defy federal immigration laws and release criminal immigrants onto our streets and into our communities.
Talk is cheap, and actions speak louder than words. The president’s actions speak volumes about his intent to reward those who have broken our immigration laws.

Rep. Lamar Smith (R-Texas) is chairman of the House Judiciary Committee. Read more about President is ignoring immigration laws

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