Saturday, September 13, 2014

Time To Force ICE SVU Back To Into Immigration Law Enforcement

A child pornography case has been overturned in Washington because the case was investigated by a Special Agent with the Naval Criminal Investigative Service (NCIS) in an investigation unrelated to the U.S. Navy, Navy personnel, or Naval property.  Unusually, the case was overturned based on the Posse Comitatus Act (PCA) which restricts Army and Air Force military personnel from enforcing Federal law.  Notably,  the PCA does not apply to the Navy, nor does it apply to civilian employees of the Department of Defense (DOD).

This is of interest to immigration patriots because of the issue of overreach of the Federal government and the concomitant failure of the Federal government to act within its core responsibilities, such as the enforcement of immigration law and the policy of U.S. Immigration and Customs Enforcement (ICE) Special Victims Unit (SVU) to ignore immigration law violations and act outside its authority and purpose.

First, the back story:

WaPo/Volokh Conspiracy September 12, 2014 by Eugene Volokh [A supporter of illegal immigration-ed.] 
Child Pornography Conviction Overturned Because The Government Violated The Posse Comitatus Act 
United States v. Dreyer (9th Cir. Sept. 12, 2014) (2-to-1 vote); here are excerpts from the majority, the concurrence, and the dissent (some paragraph breaks added, some removed): 
A special agent of the Naval Criminal Investigative Service (NCIS) launched an investigation for online criminal activity by anyone in the state of Washington, whether connected with the military or not. The agent found evidence of a crime committed by a civilian in the state and turned it over to civilian law enforcement officials. The civilian, Michael Dreyer, was prosecuted, convicted, and sentenced to eighteen years in prison. We hold that the NCIS agent’s investigation constituted improper military enforcement of civilian laws and that the evidence collected as a result of that investigation should have been suppressed….

Given that the Navy is not covered by the PCA, but the court thinks it should apply, should not the same principle apply to ICE SVU?  Is it time to use this open interpretation of the purpose and implication of the PCA to the same purpose and implication of the Homeland Security Act (HSA) to force ICE SVU back into the immigration law enforcement business?

The principle is good but even stronger when one makes a Federalism argument, the Federal government exists to act within the confines of the Constitution and especially the 10th Amendment. Immigration is the responsibility of the Federal government, and it is time to force ICE SVU back into the immigration enforcement business.  In this case, the NCIS agent effectively investigated a State crime and presented the case in a State court, he was a State actor.  Essentially, the NCIS was wasting Federal resources investigating a State crime completely unconnected with an NCIS interest, much as ICE SVU has been investigating crimes with no connection to immigration or customs law, like New Jersey moving companies.

Perhaps the courts will do something right soon.

Time For The Gun Nuts To Get A Brain

Gun nuts are single purpose voters, and most are under the thrall of the "hard working illegal alien just trying to be an American" meme that pervades the immigration debate.  Apparently the gun nuts think inside every wetback is an American trying to get out.

Hispanics have voted overwhelmingly for the gun grabber Barack Hussein Obama, but few gun nuts are in the immigration fight.  Here is some more bad news for the gun nuts.

The Examiner September 5, 2014 by David Codrea 
Migrant Politician Torres Reflects Shape Of Things To Come For Gun Owner 
It’s frowned on in “progressive” circles to use the term “illegal alien,” with “undocumented immigrant” being a preferred, more politically correct term. The thing is, in the case of Norma Torres, a current California State Senator running for U.S. Congress, the latter would just not apply. 
That’s because Torres, escaping horrible conditions in her native Guatemala, and sent to this country as a child by her father, received a temporary visa. 
She was documented. 
She also, per The Associated Press, “overstayed that visa, but her family helped her obtain legal residency while she was in her teens. She became an American citizen in the months leading up to the 1992 presidential election.” 
The point here is not to render a judgment on nor to debate about any of the admittedly terrible and personally complex circumstances and decisions that elicit natural human sympathies -- it is merely to lay out what happened.

While Codrea appears to "get it" on Hispanics and guns, sort of, he is way off base on the facts.

First, she is not a migrant, she is an illegal immigrant.  Torres entered the United States with a non-immigrant, e.g. tourist, visa in the category B-2, not to escape Guatemala but to enter the United States to live in violation of the terms of that .  Torres' father fraudulently obtained a tourist visa for her.  There was no visa category for leaving the horrible conditions of the country where one lives.  It was fraud from the beginning.  And she should have never been allowed to adjust her status in the United States because of that fraud.  Too bad while opposing Hispanic support for gun control, Codrea makes all the mistakes that gun nuts make about the "American" just wanting to get out of the immigrant.  Torres is not an American by any stretch of the imagination.

This distracts from from Codrea's otherwise trenchant observation that the National Rifle Association needs to get in the immigration fight.  But from what one reads in the gun nut press, there is much work to do in the vineyard of the gun nuts as they are like the Pharisees and the chief priests of the gun rights movement.

[41] They say to him: He will bring those evil men to an evil end; and will let out his vineyard to other husbandmen, that shall render him the fruit in due season. [42] Jesus saith to them: Have you never read in the Scriptures: The stone which the builders rejected, the same is become the head of the corner? By the Lord this has been done; and it is wonderful in our eyes. [43] Therefore I say to you, that the kingdom of God shall be taken from you, and shall be given to a nation yielding the fruits thereof. [44] And whosoever shall fall on this stone, shall be broken: but on whomsoever it shall fall, it shall grind him to powder. [45] And when the chief priests and Pharisees had heard his parables, they knew that he spoke of them.

So, I say unto thee, gun nuts, get with the program!  But there is no American trying to get out, just an enemy.  You risk the vineyard for your fantasy.

Return Of The Sanctuary Movement

The Sanctuary Movement has returned to the United States.  For those who forgot, the first Sanctuary Movement was in support of communists from the FMLN who fled El Salvador as the democratic government there thwarted a communist take-over and began the long process of winning the counter-insurgency war in that Central American country.  Now, however, the political movement that grew out of the communist terrorist insurgency has won recent elections and is implementing socialist policies. However, neither the first generation of Salvadoran asylum seekers nor recent illegal aliens want to go back and experience "progressive" government, apparently especially not the government's alliance with MS-13, one of its creations during the communist rebellion.

In the medieval period, perhaps there was a need for a sanctuary movement, as the King's justice or that of the local aristocrat was less than what it claimed, but in a modern representative republic with democratic institutions is based on consent of the governed it is an affront.  Of course, illegal aliens are not part of the commonweal who should benefit from sanctuary in the event of manifest injustice, but what they are avoiding is not the sharp blade of the King's executioner but mere return to the country which they hold dear so much, especially once they get a green card and can return freely. So, the sanctuary movement is really not about justice or lack there of, but a sham based on shameless baby waving for the credulous press.

AZCentral September 5, 2014 by Andrew Romanov 
Guatemalan Man Seeks Asylum In Tempe Church 
A Guatemalan man took refuge in a Tempe church Thursday morning in an effort to avoid deportation, joining two other undocumented immigrants who have gone to houses of worship in Arizona in recent months seeking asylum from Immigration and Customs Enforcement agents. 
It's been seven years since Luis Lopez-Acabal illegally immigrated to the United States from Guatemala as a 16-year-old. He stood Thursday in the sanctuary of a Tempe church with his family and the Rev. Eric Ledermann, who said Lopez-Acabal has asked ICE for a reprieve from deportation two times since he was involved in a traffic incident and was denied both times.

For incident, read arrest after a stop for a vehicular violation.

And the usual suspects are dying mainline Protestant churches and their lesbian ministers without much of congregations to speak of, so they are left trying to poach low IQ Central Americans from the local Hispanicized Catholic Church.

Despite being here since age 16, he has been unable to learn English.

"I am afraid immigration is going to go to my house," Lopez-Acabal said through an interpreter. "I believe that here I'm going to be able to actually stay with my family. I have two children and I want to stay with them here in the U.S."

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) is, of course, refusing to make an arrest:

A local ICE spokeswoman said Thursday that ICE "has not taken Mr. Lopez into custody and has no plans to do so at this time."

And in other cases it has granted reprieve to others who ostentatiously claim "sanctuary" at churches.

Lopez-Acabal is the third person in Arizona to seek sanctuary in a church this summer.
Marco Tulio Coss Ponce reached an agreement with federal officials hours before he planned to take sanctuary in a Phoenix church in June. In May, a Mexican man violated an order to leave the U.S. by taking sanctuary in a Tucson church. Federal officials have since granted him a one-year stay.

It appears ICE ERO is playing a game where Americans and the rule of law are the losers and the winners are illegal aliens who are rewarded for public defiance of immigration law.

Sunday, September 7, 2014

Gun Nuts And NRO Agree: Blacks Have A Right To Riot

It appears that black riots have more supporters among whites other than those from the Revolutionary Communist Party.  It appears that some gun nuts and NRO's resident illegal alien Kevin Williamson are up for giving it to the man, and by the man, they mean whitey.

First, he on whom this writer has declared kanly.

NRO August 22, 2014 by Kevin Williamson
The Wane of Government by Consent
The mathematics of civil disobedience has always been pretty straightforward: As Mohandas Gandhi pointed out to the raj, 100,000 government officials cannot control 350 million citizens if the citizens do not cooperate. There are not enough police in St. Louis County to control the people who do not wish to be controlled by the police in St. Louis County, as least as currently constituted. There are two ways to govern: By consent or by terror. In the United States, we govern by consent.

I guess there were no elections in Ferguson or St. Louis County?  Clearly not.  One gets the government one votes for and the blacks of Ferguson appear content with white governance.  Not voting in a secure democratic society where one's vote counts, e.g. anywhere but Chicago or the Rio Grande Valley, is an act of consent, as things must be good enough not to vote.

But what Williamson really means is, well one is not really certain, but it appears that he means laws are enforced with the consent of the community being policed.

The problem being that blacks are more heavily policed than whites because blacks commit many times more crime than whites.  In white communities, the police are not an occupying army, but the expression of opinion of the whites in the community that laws must be enforced for their own protection, generally from blacks, but also from Hispanics and the small white criminal community.

What Williamson is endorsing here is that blacks cannot and should not be held to generally acceptable standards of behavior, such as not dealing drugs, not committing strong-armed robbery, not raping, not murdering, and not assaulting police officers.  It appears that Williamson wants separate and unequal standards for policing black communities and crime.

This is an ongoing fantasy held by libertarians and the radical left; blacks are oppressed by the white man's law, especially on the issue of drugs.

But in the end, it is not the white laws and the white police that blacks object to so much, its that blacks want to riot and steal stuff. That was the theme in Ferguson, with protests nothing more than cover for looting that the black State Police Captain allowed to occur.  Its in their nature to riot and steal.  When whites get shot by the police, the first reaction of most white people is WTF did he, and it is almost always a he, do to get shot by the 5-0.

For Williamson, the riots in Ferguson were a libertarian fantasy of an uprising against the State, but like the gun nuts, white people generally do not rise up against the State, though perhaps whites should be given the kid glove treatment black rioters and Michael Brown's black co-conspirator, Dorian Johnson received.

Williamson wants to connect the rioting and looting by blacks in Ferguson with the American Revolution, but the American Revolution was not about looting stores, that was something our Founding Fathers would have objected to, as they opposed the mob and democracy.  They wanted a Christian Republic, not looting and arson. But for Williamson, stealing from white business owners is what the American Revolution was all about.  I guess he thinks the blacks of Ferguson will vote for tax cuts if we let them loot the local market.

Blacks withdraw their consent of the governed and some free stuff from da liqua' store.

The same appears to be the position of gun nuts.  They appear to be mimicking the political strategy of Fourth Comintern, a United Front with black looters and rioters against Asian shop owners, or something.

Gun Nuts Sticking It To The Man
Knuckledraggin My Life Away August 11, 2014 by Ken Lane
Thoughts On The (Latest) Riots
As unhappy as people are with the police militarization and brutality (even middle class folks) had the rioters kept their shit in the streets or attacked policemen, laid siege to or even attacked police stations in the city, the backing they would’ve gotten from middle America would’ve been huge, especially if the cops retaliated with excessive force as they are prone to do. It could’ve went nationwide and the population would have had the cops on the defensive. Heads would’ve rolled and it may very well have been the spark that ignited a popular and much needed revolution.

One does not know what to say when faced with such ignorance.  White people never sympathize with black rioters, whether they are burning down white or Asian businesses or attacking cops. Clearly Lane and Williamson have a problem not just with cops, but with the white people as well.

There clearly is a problem when gun nuts and the libertarian crowd wants to riot and kill cops and shop owners.  But it appears both have some problem with the historic American nation who want nothing to do with black criminals and their complaints about having to obey the white man's laws against stealing, looting, and arson, not to mention punching out cops.

Impeach Kritarch John Bryant

The Immigration Court Amnesty for juvenile illegal aliens continues apace as Immigration Judge John Bryant has decided, against alleged orders from the Obama Regime, to delay immigration hearings for juvenile illegal aliens. September 3, 2014 By Brittany M. Hughes
Judge Sets Hearings for Illegal Alien Minors--4 Years From Now
Seventeen-year-old Cristian stepped through the swinging wooden door separating the crowded waiting area from the judge’s bench, straightening his slightly-too-big dress shirt as he slid behind the defendant's desk. As his lawyer took the seat beside him, Cristian slipped on the court-provided headphones so he could hear the Spanish-speaking translator as his lawyer began to speak.
After a few pleasantries, Cristian’s lawyer told Immigration Judge John M. Bryant that his client conceded to the charge of being an undocumented alien in the United States and was subject to potential removal. Cristian wanted to plead for asylum for “protection from torture,” and “declined to state his country of removal at this time,” the lawyer added.
Within a minute, Bryant had accepted the plea and scheduled a hearing in which the court will determine if Cristian is eligible to receive asylum. The date was set for June 11, 2018.

The Obama Regime is claiming that immigration hearings for juvenile illegal aliens are being expedited, but it appears that Bryant either did not get the word, or the claim from the Regime about fast-tracking hearings for readily deportable illegal aliens from the border surge is a lie, which is the more likely of the two as one reads below.

What Bryant should have done was move quickly and order the attorney for the illegal alien to immediately state the basis of the claim for protection from torture, which is itself unusual, in that this appears to be not an asylum claim, but a claim under the Convention Against Torture (CAT).  Such a claim would have to be well documented and alleging that the government of the country of which the alien fled would torture the alien if he was removed to that country.  Also of note, the illegal alien refused to admit to his country of nationality, or, more accurately, the country to which he is deportable, which is also a requirement when an alien concedes deportability before the Executive Office for Immigration Review (EOIR).

Bryant should have ruled immediately on the basis of the claim for either asylum or protection under CAT and finding that the claim was baseless, as all claims of asylum from Guatemala, El Salvador, and Honduras are, and ordered the illegal alien deported.

Instead, flippantly, Bryant wished the juvenile illegal alien luck with his year of free schooling at the expense of the American tax-payer.

“Are you available that day?” Bryant jokingly asked the lawyer.
“I don’t have my 2018 calendar in front of me, but yes, I believe so,” the lawyer responded.
“Okay, good. Have a good school year,” Bryant told Cristian. “I’ll see you in a few years, okay?”

It is clear that Bryant has no respect for immigration law and is managing his own amnesty for illegal aliens by ignoring orders to fast-track these hearings and expeditiously order removal for these illegal aliens.  Bryant hopes that by delaying deportation, the illegal aliens will ensconce themselves in the United States and then four years from now when asylum is denied, claim they cannot be deported to somewhere they haven't lived for years.

And it was not just one case, but all the cases before Bryant that got the Immigration Court Amnesty:

The revolving door of the U.S. immigration system was in constant motion Tuesday morning in Courtroom 6 of the Arlington Immigration Court, as a steady stream of undocumented alien children piled in to the small space in hopes of being granted permission to stay in the United States.
Three cases were ready to plead for asylum, and all received hearing dates set for June, 2018.
By that time, all three children -- currently teenagers -- will be well into adulthood.
Most of the children had shown up for a “master hearing,” or a first appearance in court, and were not yet required to make an official plea.
To help put them at ease, Bryant began the long line of hearings by telling the assembled children that they were “special.”
“This is all about you,” he told the children. “You’re so special we have a docket just for you.”

Apparently illegal immigration is a big joke for John Bryant.  Time to wipe the smile off his face and impeach him and the other immigration judges making their own amnesty.

You can also call him at (703) 603-1300 and let him know his behavior is unacceptable.

Saturday, August 30, 2014

Dana Leigh Marks Back In The News

It appears that Dana Leigh Marks has not learned her lesson about kritarchy and impeachment. Marks is back in the news demanding that she and her fellow hearing officers be made a real judges with the power to overturn Federal law and administer their own amnesty for illegal aliens.

Sac Bee August 30, 2014 by Alicia Caldwell
Immigration Judges' Union Wants Independent Court
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.

Time to impeach Marks, as well as Denise Noonan Slavin.

Of interest to readers is that Marks, and most likely Slavin as well, uses her official government email to lobby Congress and to speak to the public on the issue of changing the status of immigration judges.  It is a violation of law for official email to be used for anything other than official business. See this press announcement by Marks and the National Association of Immigration Judges (NAIJ), a private professional association (not a union), inviting contact from the public on the issue of budgeting and expansion of immigration judge authority and independence.

From the report:

For more information, contact:
 The Honorable Dana Leigh Marks
 President, National Association of Immigration Judges
 120 Montgomery Street, Suite 800
 San Francisco, CA 94104
 415-705-0140 or

Time for impeachment.  Call Marks at her phone number, a government number, or contact her at her government email an ask her about this serious ethics violation. Note that the address of the NAIJ is also that of the immigration court (Executive Office for Immigration Review), 100 and 120 Montgomery Street, Suite 800, in San Francisco, which are the same building.  Here is another announcement from the NAIJ using the 100 Montgomery Street, Suite 800 address.

The real solution though to overcrowded and dysfunctional immigration courts is to remove their authority over any alien other than a legal permanent resident.  Only a legal permanent resident has any reason for an independent review of their claims under immigration law as by being admitted as legal permanent residents they do establish a colorable connection to the United States.  All other illegal aliens have no legal connection to the United States.  Those aliens, those who enter illegally or overstay a legal admission to the United States, should be removed administratively by expedited removal, the process by which DHS officers of the United States made a decision on whether the person before them is an alien and admissible or removable. Time to get most illegal aliens out of the immigration court system, as it is illegal aliens with no claims under law to legal permanent residency who clog up the immigration court system.

Spare Us The Lawyers, And The Wise Latinas

The Obama Regime is considering appointing Sarah Saldaña, currently the U.S. Attorney for the Northern District of Texas, to head U.S. Immigration and Customs Enforcement (ICE).  ICE is the component of the Department of Homeland Security (DHS) that is supposed to deport those illegal aliens who manage to cross the border illegally or overstay a admission to the United States. However, the number of deportations have been in free fall.  One of the reasons those deportations have been in free fall is that the DHS from the beginning has been an organization led by lawyers, not by law enforcement professionals, specifically immigration law enforcement professionals.

First, our wise Latina, with nary an arrest in her government career named to lead the nation's primary immigration law enforcement agency.

Dallas News August 27, 2014 by Kevin Krause
U.S. Attorney Sarah Saldaña Considered To Head Immigration And Customs Enforcement
Texas' first Latina U.S. attorney may become the nation's first Latina head of Immigration and Customs Enforcement.
Sarah Saldaña is being considered for the job by the Obama administration, according to a federal law enforcement official.
The Wall Street Journal reported Tuesday evening that that Saldaña is the front-runner for the position.
The White House declined to comment on the Saldaña rumor. Her office also declined to comment.
Saldaña has held the top prosecutor job not even three years and currently is in charge of the high-profile public corruption case against Dallas County Commissioner John Wiley Price. The trial was recently delayed until January 2016.
Saldaña was sworn in as U.S. attorney for the Northern District of Texas in September 2011. Previously, she was a federal prosecutor in Dallas who worked on the City Hall corruption case that sent former Dallas Mayor Pro Tem Don Hill to federal prison for 18 years in 2010.

Aside from being a U.S. Attorney, with a sum total of 200+ employees to manage, she has no real law enforcement experience, e.g. making arrests or managing those who make arrests.  She has prosecuted federal crimes in Texas, but has never made an arrest.  The primary responsibility of ICE is to enforce immigration law, not prosecute those arrested.

From her biography at the Department of Justice (DOJ), her primary experience has been in public corruption, which would make her a good candidate for the DOJ for a special prosecutor of Eric Holder, not to head an agency with 20,000 or so employees involved in immigration law enforcement.

In 2004 she was appointed as an Assistant U.S. Attorney for the Northern District of Texas, where she prosecuted a variety of criminal cases, including bank and mortgage fraud, civil rights, human trafficking, and public corruption. Most recently she served as the Deputy Criminal Chief in charge of the District’s Fraud and Public Corruption section, leading the successful prosecution of the Dallas City Hall public corruption case.

However, given her ethnicity, she will be more concerned about not enforcing immigration law against her co-ethnics who make up the overwhelming number of illegal aliens.

74% of illegal immigrants are Latino.  It is clear that besides no experience in immigration law enforcement, Saldaña, presents a conflict of interest in the position.

DHS has a long line of attorney failures in executive positions with DHS; Tom Ridge, Michael Chertoff,  Janet Napolitano, Jeh JohnsonJohn Morton, Julie Meyers, and Alan Bersin.  Time to stop hiring attorneys to do the job that needs an experienced Border Patrol Agent.