Homeland Security

Immigration judges' union advocates for independent, stand-alone court to rule on deportations

WASHINGTON — The federal immigration court system should be separated from the Justice Department and operated independently of federal law enforcement, the top two leaders of the immigration judges' union said Wednesday.

Judge Dana Leigh Marks, president of the National Association of Immigration Judges, said immigration judges act as arbiters in deportation cases being argued by Homeland Security Department lawyers but judges also are treated as attorneys for the government.

As employees of DOJ's Executive Office for Immigration Review, Marks said, the judges' dual roles can potentially blur the lines for judges who are supposed to act as neutral arbiters in a complicated court system.

"Our goal is to serve as a neutral court, but paradoxically we are housed in a law enforcement agency," Marks said.

And often, decisions about how the court is run are made beyond the court system.

Marks said an example of this is the recent decision by the Obama administration to have immigration courts start hearing cases of newly arrived immigrant children caught crossing the border alone before all other pending cases.

She said there is no other court system in which the government would be allowed to order a total overhaul of the docket, placing particular cases at the top. Marks, a judge in San Francisco, spoke Wednesday at the National Press Club with Denise Noonan Slavin, a Miami-based judge who is the union's executive vice president.

In a statement, the DOJ agency said the immigration court system is designed to be handled within the Justice Department and separating it "would take significant resources."

The type of civil administrative adjudications that EOIR conducts are designed to be handled within the structure of the Department and it would take significant resources to create an agency separate from an executive branch cabinet officer.

Beyond potential conflicts of interest, the judges said the DOJ agency and the court system have been underfunded for many years, which has contributed in part to the backlog of more than 375,000 pending cases.

Because of the backlog it can take several years for an immigration cases to be resolved.

Slavin said investing more money in the court system would solve many problems. Just under 2 percent of immigration enforcement spending goes toward immigration courts, Marks said.

And while creating a new, independent immigration court system might be costly initially, she said it would ultimately be more efficient.

"If your gas tank has a leak do you keep filling it up with gas or do you fix it first?" Slavin asked. Read more about Immigration judges' union advocates for independent, stand-alone court to rule on deportations

TSA Admits Allowing Illegal Migrants to Fly With ICE Form as ID

Contrary to previous assertions, the Transportation Security Administration (TSA) has admitted it has allowed individuals to board airplanes using Notice to Appear forms given to them after illegally entering the United States, the Gateway Pundit reports.

The Aug. 7 letter sent by the TSA to Texas Republican Kenny Marchant, a member of the Border Security Caucus, was prompted by reports made by officials with the National Border Patrol Council (NBPC) that illegal immigrants were being allowed to board planes by TSA with only a Notice to Appear issued by Immigration and Customs Enforcement (ICE).

The letter says the Notice to Appear, known as I-862, "may be used along with another form of identification in this instance." The Notice to Appear form has no photo, or any security features, including watermarks.

The letter to Marchant continues, "As part of the issuance process for Form I-862, the person undergoes a biographic systems check, and a biometric systems check against both the Integrated Automated Fingerprint Identification System and the Automated Biometric Identification System prior to the issuance of Form I-862. TSA needs to be able to assess a wide range of information proffered by a passenger in order to investigate the passenger’s identity and make sure that watch list matching has occurred."

After the initial story broke in July by Breitbart News' Brandon Darby, a TSA spokesman insisted on Twitter that the article and allegations were "completely wrong."

In July, Darby spoke with Hector Garza, who works for the local NBPC affiliate in Laredo, Texas, who said the TSA was "allowing them to travel commercially using paperwork that could easily be reproduced or manipulated on any home computer."

Other news outlets also reported the allegations made by NBPC officials.

"Late last week, we were told by Border Patrol agents in Laredo, Texas, that they had observed TSA accepting I-862 notice to appear in court documents from illegal aliens who had just been released from Border Patrol custody, and allowing them to fly," Shawn Moran, NBPC vice president, told KFOX14.

"We did receive reports that in El Paso, illegal aliens were walked around security, much to the dismay of U.S. citizens who were standing in line waiting to be screened," he added.

At the time, the TSA denied in a statement that the Notice to Appear document was "an acceptable form of primary ID at the TSA checkpoint."

In a statement issued July 11, the NBPC said it learned that as recently as July 9, illegal immigrants had been processed by Border Patrol agents in the Laredo Sector, were released with an I-862 Notice to Appear, and used that document as identification to board flights leaving from Laredo International Airport.

"Border Patrol agents witnessed illegal aliens present the I-862s to Transportation Security Administration officers, who accepted the form, and cleared the illegal aliens through a security checkpoint. The Border Patrol agents notified the TSA officers that the I-862 is not a government-issued form of identification. The TSA officer then notified a supervisor, who reviewed the documents, made copies, and told the Border Patrol agents that because the documents were issued by the Border Patrol that TSA was willing to accept them. Another supervisor looked over the documents and said they were going to forward them to their national headquarters for guidance.

"Subsequent inquiries made by National Border Patrol Council representatives indicate that TSA in Laredo has been accepting these documents as valid identification to travel for several weeks," the council statement said.

They also responded to TSA's denials by stating that the union stands "behind the statements of Border Patrol agents and are confident that surveillance from the Laredo Airport will support these assertions. Any thorough investigation will show that TSA officers and supervisors were aware that the individuals were illegal aliens, had no valid identification, and were still cleared to fly." Read more about TSA Admits Allowing Illegal Migrants to Fly With ICE Form as ID

Redmond Patriots to welcome OFIR President

Alert date: 
August 10, 2014
Alert body: 
For all our OFIR and PODL friends in the Bend and Redmond area - please plan to attend the upcoming Redmond Patriots meeting.  OFIR President and Authorized Agent of the Protect Oregon Driver Licenses citizens veto referendum Cynthia Kendoll will be the featured speaker of the evening.

Date: Monday, August 11  Time: 6pm

Location: Highland Baptist Church, 3100 SW Highland Ave., Redmond OR            
 

 

Senator Sessions Does His Part to Defend America–But Where is the GOP Leadership?

The GOP congressional leadership is AWOL in serious opposition to the border chaos that has been encouraged by the Obama Administration. Just think what the Republican leadership could do if the will was there—Senators and Congressmen could be filibustering, cutting off funds, speaking to the press—opposing with one voice what the government is doing and demanding that the administration secure the border.

But of course the GOP leadership doesn’t do that. If only Alabama Senator Jeff Sessions were running the GOP. Check this out :

Exclusive- Sen. Jeff Sessions: Pro-Amnesty Elites Treat People as Commodities (by Senator Sessions, Breitbart, June 22, 2014).

Besides the text, it includes a video of Senator Sessions grilling Secretary of Homeland Security Jeh Johnson. Sessions asks Johnson to tell the world that you cannot enter the U.S. illegally, and Johnson just won’t do it. Watch the video!

Write your senators and congressmen, or better yet, call their offices, and ask what they are doing now to fight this. And you Alabamans ought to be asking Sessions to run for president.


  Read more about Senator Sessions Does His Part to Defend America–But Where is the GOP Leadership?

Obama Responds To Border Crisis by Ordering Even More Incentives for Illegal Entry

Washington, D.C. - June 6, 2014) While an unprecedented number of illegal alien minors surge across the border – incentivized by lax enforcement and promises of amnesty – the Obama administration has just announced it is expanding a program that defers the deportation of illegal aliens. In June of 2012, the Obama administration bypassed Congress with an executive action that put into place Deferred Action for Childhood Arrivals (DACA). The program, otherwise known as the DREAM Act, grants a reprieve from deportation and work authorization to broad categories of “young” illegal aliens. Yesterday, the Department of Homeland Security announced that a two-year renewal process has begun and encourages those not already enrolled to do so.

Dan Stein, president of the Federation for America Immigration Reform (FAIR) called yesterday’s action “reckless and irresponsible.” Stein observed that, “even while we’re watching the chaotic result of this administration’s non-enforcement policies at the border, the president is implementing even more incentives guaranteed to create more chaos.”

According to White House sources, the number of unaccompanied illegal alien minors entering the United States could be more than 60,000 this year, a 90 percent increase over 2013 and up to 130,000 by 2015. A recent memo from the Border Patrol estimates the numbers could be even higher. The surge is overwhelming local border officials and forcing them to transport the aliens further north for processing and release.

Since its implementation in 2012, more than 560,000 illegal aliens have applied for relief from deportation under the DACA program. While the program limits eligibility to those who have resided in the United States since June 2007, the message being sent to Mexico and throughout Central America is that illegal entry is rewarded, further amnesty legislation is pending and in its absence, the president will enact it by executive action.

“President Obama has responded to the border crisis by issuing a memorandum ordering a ‘unified and coordinated federal’ response," Stein continued. “It’s laughable because the problem has been created by Obama’s six-year ‘unified and coordinated federal’ campaign to dismantle enforcement. Now he’s pretending to repair the very thing he deliberately broke by expanding benefits.”

“If President Obama believes the flood of illegal alien minors at the border is a humanitarian crisis then he needs to send a strong message throughout Mexico and Central America that the United States will enforce its laws and he needs to discourage parents from sending their children on a dangerous journey north,” Stein said. Renewing a program (DACA) that indefinitely delays enforcement of our immigration laws just perpetuates the problem.”

About FAIR

Founded in 1979, FAIR is the country’s largest immigration reform group. With over 250,000 members nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced. Read more about Obama Responds To Border Crisis by Ordering Even More Incentives for Illegal Entry

Arizona rushes aid to site holding migrant kids, complains of fed plan bringing them to state

PHOENIX — Angry about the federal government sending from Texas to Arizona immigrants who are in the country illegally, Arizona officials say they are rushing federal supplies to a makeshift holding center in the southern part of the state that's housing hundreds of migrant children and is running low on the basics.

Gov. Jan Brewer's spokesman, Andrew Wilder, said Friday that conditions at the holding center are so dire that federal officials have asked the state to immediately ship the medical supplies to the center in Nogales...

... the (illegal) immigrants were mostly families from Central America fleeing extreme poverty and violence.

...432 unaccompanied minors detained in Texas arrived in Nogales on Friday, with 367 more expected both Saturday and Sunday.

...children will be vaccinated and checked medically. They will then be sent to facilities being set up in Ventura, California, San Antonio, Texas, and Fort Sill, Oklahoma.

...17 or younger. The official estimated three of every four were at least 16.

...the program that has shipped unknown thousands of adult migrants and their children to Arizona since last month shows no sign of stopping, he said...
.
Homeland Security started flying immigrants to Arizona from the Rio Grande Valley in Texas last month after the number of immigrants, including more than 48,000 children traveling on their own, overwhelmed the Border Patrol there.

The immigrant children were flown from Texas, released in Arizona, and told to report to an ICE office near where they were traveling within 15 days.

Brewer sent an angry letter to President Barack Obama...she hadn't received a response to her letter by Friday...

...Officials say about 100 lawyers and paralegals will be enrolled as members of AmeriCorps in a new division called "justice AmeriCorps."

Immigration officials can immediately return Mexican immigrants to the border, but they are much more hard-pressed to deal with Central American migrants who illegally cross into the U.S. In recent months, waves of migrants from nations south of Mexico have arrived in Texas.

The Homeland Security official said that legally, only their parents or guardians can take custody if the government makes the children eligible for release. Read more about Arizona rushes aid to site holding migrant kids, complains of fed plan bringing them to state

DHS releasing into US an untold number of immigrants caught crossing Mexican border

WASHINGTON — The Obama administration is releasing inside the United States some immigrants who have crossed illegally into the country amid a surge in traffic across the Mexican border in southern Texas. But how many remains a mystery because the government won't disclose the number.

The Homeland Security Department started flying immigrants to Arizona from the Rio Grande Valley in Texas last month ...

...the immigrants were mostly families from Central America. They were flown from Texas, released in Arizona, and told to report to an ICE office ...

Most immigrants arrested at the border in southern Texas are from Honduras, El Salvador or Guatemala and cannot be immediately repatriated...

Word that immigrant families are being released has spread south...

Earlier this week Obama described the influx of children traveling alone as an "urgent humanitarian situation." The Office of Management and Budget told Congress last month that the government would need an extra $1.4 billion to deal with the situation.
 

  Read more about DHS releasing into US an untold number of immigrants caught crossing Mexican border

DHS tells American border guards to run away from illegal immigrants hurling rocks at them, fleeing in vehicles

Top administration officials have directed 21,000 border patrol officers to retreat whenever illegal immigrants throw rocks at them, and to avoid getting in front of foreign drug-smugglers’ vehicles as they head north with their drug shipments.

“Agents shall not discharge firearms in response to thrown or hurled projectiles… agents should obtain a tactical advantage in these situations, such as seeking cover or distancing themselves,” said the instructions, issued Mar. 7, under the signature of Michael Fisher, chief of U.S. Border Patrol.

Agents were also directed to keep their weapons holstered when drug smugglers drive by.

Agents can’t use guns against “a moving vehicle merely fleeing from agents,” say the instructions.

The new instructions do allow agents to use guns to defend themselves from vehicles that drive at them. “Agents shall not discharge their firearms at a moving vehicle unless the agent has a reasonable belief that… deadly force is being used against an agent,” the new instructions say.

However, the instructions also suggest that officers be penalized if they don’t step back. Agents “should not place themselves in the path of a motor vehicle or use their body to block a vehicles’s path,” according to new instructions.

The new curbs were praised by advocates for greater immigration, including Juanita Molina, director of the Border Action Network. New Jersey Democratic Sen. Robert Menendez, and Democratic Rep. Zoe Lofgren, according to the Los Angeles Times.

Menendez is one of the drafters of the June 2013 Senate immigration bill, which would boost the inflow of legal immigrants and guest workers up to 40 million over the next decade. During the same period, roughly 40 million Americans will turn 18.

 

  Read more about DHS tells American border guards to run away from illegal immigrants hurling rocks at them, fleeing in vehicles

Obama Deportations Definitely Not Record-Breaking

In its first four years the Obama administration deported 3.2 million aliens, averaging just over 800,000 per year. Pro-amnesty advocacy groups, administration officials, lawmakers, and lazy reporters all have claimed this is a record, but it is not. In fact, according to historical DHS statistics, this is the lowest total and annual average since the mid-1970s.

Bloomberg News reporter Bill Selway wrote this last week:

The ordinances come as Obama's administration has faced pressure from Democratic lawmakers and Hispanic backers to scale back deportations, which hit a record 409,900 in the 2012 budget year. During his five years in office, the Obama administration has sent 1.93 million people back to their home countries, close to what President George W. Bush did in eight years and nearly as many as in the 108 years before Bush took office.

The statistic in the first sentence refers to the number of deportations claimed by ICE for 2012, not total deportations. In order to achieve this "record," ICE juiced its numbers by counting certain Border Patrol cases as ICE removals, which had not been done in prior years. (Border Patrol deportations are usually counted as "returns".) So ICE's deportation record under the Obama administration is about as valid as Barry Bonds' home run record.

Because the Obama administration has blurred the lines of which agencies can take credit for deportations, the only fair way to assess their performance is to count all deportations done by all the DHS agencies. These are reported every year in the DHS Yearbook of Immigration Statistics in Table 39, which shows the number of "removals" and "returns" by all immigration enforcement agencies going back to 1927.

There we find that the total number of aliens "sent back" under first four years of the Obama administration is just over 3.2 million (not 1.93 million, as Selway wrote). This is an annual average of just over 800,000 sent back per year. Official numbers for 2013 have not been released yet, but the total will be about the same, with just over 400,000 Border patrol deportations and about 370,000 attributed to ICE.

That is nowhere near the totals under George Bush's administration, which were over 10.3 million total deportations with an annual average of 1.2 million (see the table below).

 

 

The real record for deportations belongs to the Clinton administration. Obama's total is lower than the last six administrations, even lower than Jimmy Carter's.

Sure, illegal border crossings, which generate the lion's share of all deportations, have slowed some during the Obama administration, and that's one reason why the Border Patrol is deporting fewer aliens, but the plain fact remains that the Obama administration has not deported more people than any recent previous administration – not even close. The other reason the Obama deportation numbers are low is because interior enforcement has been nearly dismantled due to executive-decree amnesties and so-called "prosecutorial discretion," which shields at least 90 percent of the illegal population from enforcement.

The most egregious reporting malpractice in Selway's article is the absurd claim that Obama's deportation numbers are "nearly as many as in the 108 years before Bush took office."

I expect the pro-amnesty advocacy groups to keep spouting bogus statistics to support their outrageous demands for an end to all deportations, but there's no excuse for reporters at national news organizations to keep accepting it at face value. Read more about Obama Deportations Definitely Not Record-Breaking

Mexico kidnappings for ransom surge to unprecedented levels with estimates of victims in the tens of thousands per year.

MEXICO CITY — Even amid an unprecedented rash of kidnappings in Mexico, the snatching of John Jairo Guzman stood out.

Assailants shoved the 41-year-old Colombian into a waiting vehicle in broad daylight on a recent Friday. Luckily, a passer-by used a cellphone to make a video and posted it on YouTube. Within days, three of the assailants were identified as Mexico City policemen.

The officers are now fugitives. Their boss, a supervisor in the internal affairs unit tasked with cleaning up police corruption, denied knowledge of the crime.
But investigators tracked the GPS trail from his radio and his vehicle, putting him at the scene as well. Another video taken by a passer-by later surfaced in which the chief's vehicle is visible at the Sept. 20 crime scene. The supervisor is now jailed. Guzman, the victim, is still missing.

Related: Police linked to mass killing

Guzman's abduction is one of 1,205 kidnappings that had been reported this year in Mexico through the end of September, marking a sharp rise in such crimes. But since the vast majority of Mexican families refuse to report abductions to authorities, in part due to fear of police involvement or dread that criminals will exact revenge for reporting the crime, experts believe the reality is far worse than the official tally.

"The problem is, I would say, almost out of control," said Juan Francisco Torres Landa, a Harvard-trained lawyer who is secretary general of Mexico United Against Crime, a pressure group.

Not only are kidnappings becoming much more common, abduction rings slay more of their victims after they receive a ransom payment than ever before.
"The only thing they want is to get their money," said Jose Antonio Ortega Sanchez, president of the Citizens Council for Public Security and Criminal Justice, another advocacy group. Once payment is made, Ortega Sanchez said, "they just murder them."

The spokesman for President Enrique Pena Nieto on crime issues, Eduardo Sanchez Hernandez, wasn't available Thursday for comment, but he's said previously that authorities have broken up 70 kidnapping rings this year, and that a TV and radio campaign of public service ads urging citizens to tip police to abductions was reaping results.

"At the end of the day, they have substantially increased reports of kidnapping and extortion in comparison to other administrations," Sanchez said.
Sanchez noted, however, that many victims still fail to report kidnappings, and that the real level of abductions is a "black number," or unknown.

A glimpse at the magnitude of the kidnapping surge came Sept. 30, when Mexico's national statistics institute issued an annual report based on extensive house-to-house polling about how often citizens suffer from crime.

The survey found that just over 1 percent of those who'd suffered an abduction reported it to authorities. It estimated the number of kidnappings in the previous year to be 105,682. This includes not only lengthy abductions for ransom, but also what Mexicans term "express kidnappings," in which victims are taken at knife- or gunpoint to ATMs and forced to withdraw cash and turn it over, usually going free after a few hours or a day.

The number also includes migrants taken hostage by organized crime as they travel toward the U.S. border and victims of "virtual kidnappings," in which callers telephone residences, often at random. As screams erupt in the background, callers tell those answering that a child or loved one has just been snatched off the street and demand an immediate bank deposit or payoff.

"The methodology that (the statistics institute) follows is flawless," said Torres Landa. "That number, 105,682, means that there are 12 kidnappings per hour. Twelve kidnappings per hour is credible. ... I frankly believe it."

Even going by official reports of those who file complaints to state and federal authorities, kidnappings are up more than 60 percent this year, Torres Landa said.

Victims range from tycoons to owners of corner businesses.

"Anybody can be kidnapped. In Guerrero (state), you're seeing ranchers being kidnapped who only have six or eight head of cattle," said Eduardo Gallo y Tello, who has been active on the issue since his daughter was abducted and slain 13 years ago.

Anti-crime activists lament both a sharp rise in reported kidnappings and what they say is a lack of government response to the crime wave.
"I've not heard a single authority raise their hand and say, 'I'll be responsible for this problem,' " said Francisco Rivas, head of the National Citizens Observatory, an umbrella group of civil society organizations.

Kidnappings, which arose around 1970 in Mexico, spiked in the latter part of the 1990s but then fell at the turn of the century. They began to rise again around 2007, when organized crime groups took to kidnapping as an alternative revenue source to drug trafficking, and some activists say the groups may be behind roughly half of all abductions.
Pena Nieto came to office 11 months ago promising to reduce soaring homicides, kidnapping and extortion that coincided with his predecessor's all-out war on organized crime. In his state of the union address Sept. 2, Pena Nieto said the murder rate had dropped 13.8 percent. But the figure has been questioned, and his aides have urged Mexican media to downplay coverage of crime.

Ortega Sanchez, of the Citizens Council for Public Security and Criminal Justice, accuses Pena Nieto of engaging in a cover-up.
"The policy of President Pena Nieto is not to talk about (kidnappings) because this frightens investors and frightens Mexicans as well," said Ortega Sanchez. "Mexican media believe this and have stopped talking about it."

Even as officials trumpet new arrests of alleged kidnappers, scattered signs of involvement by corrupt police in kidnapping gangs continue.
In early October, the government announced the arrest of 13 federal police officers in Acapulco, saying they were among an 18-member criminal gang behind four kidnappings and seven murders.

"Almost always in kidnappings, there is a police officer or former police officer involved. This is indisputable," said Isabel Miranda de Wallace, head of a group, Stop the Kidnappings, that she formed after the 2005 abduction of her 25-year-old son. A former state policeman was among those convicted in that case.

She said one of the reasons citizens are reluctant to file reports about kidnappings is the fear that some police are in cahoots with criminals.
"The victims feel vulnerable because they know that whatever they tell police goes straight to the criminals," Miranda de Wallace said.

Another reason is that investigations rarely unfold with rigor, and prosecutions are commonly bungled, experts and activists said. Police have been known to urge victims to lie to help convict presumed kidnappers in other cases by saying they were involved in their own case.

Some 12,000 people are now in prison on charges of taking part in kidnappings, but most are lower-level members of gangs, like guards or food couriers, said Ortega Sanchez.
"They don't catch the leaders, and they form new gangs and keep on kidnapping," he said.

The surge in kidnappings has prompted calls for the government to designate an "anti-kidnapping czar" to force coordination among city, state and federal law enforcement agencies and increase convictions.

"With the creation of an anti-kidnapping czar, we will not see results immediately," Alejandro Marti, father of a kidnapping victim and founder of an activist group, Mexico SOS, wrote in a column in mid-October. But over the longer term, he said, it may help "reduce this crime by a significant amount." Read more about Mexico kidnappings for ransom surge to unprecedented levels with estimates of victims in the tens of thousands per year.

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