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The Most Important News Story Right Now Isn’t Impeachment, It’s The Crisis In Mexico

Cartels in Mexico aren’t just fighting over drugs, they’re fighting over industries, and it might well trigger a new and much bigger migrant crisis on the U.S. border.

By John Daniel DavidsonThe Federalist

Two important and interrelated news stories largely passed under the radar Wednesday as the House impeachment hearings continued to dominate the headlines. Both stories concern the deteriorating state of affairs in Mexico and have huge implications for immigration, the southwest border, and U.S. national security. It’s a shame more Americans aren’t paying attention.

The first was a report from BuzzFeed that as of Wednesday the Trump administration began carrying out a controversial plan to deport asylum-seekers from El Salvador and Honduras—not to their home countries, but to Guatemala, which the administration has designated a “safe third country,” meaning that migrants from those countries must first apply for asylum in Guatemala before seeking asylum in the United States.

The move is part of the administration’s broader strategy to reduce the number of Central Americans seeking asylum at the southwest border, which last year saw a dramatic increase in illegal immigrationlargely driven by families and minors from the so-called Northern Triangle countries of Guatemala, Honduras, and El Salvador.

The second story was a Los Angeles Times dispatch from the Mexican state of Michoacán, where rival cartels are waging war not over drug trafficking routes but over control of the multibillion-dollar avocado industry. More than a dozen criminal groups are fighting over the avocado trade in and around Uruapan, the capitol of Michoacán, “preying on wealthy orchard owners, the laborers who pick the fruit and the drivers who truck it north to the United States,” writes reporter Kate Linthicum. Organized crime in Mexico, she explains, is diversifying—it isn’t just about drugs anymore:

In parts of Guerrero state, cartels control access to gold mines and even the price of goods in supermarkets. In one city, Altamirano, the local Coca-Cola bottler closed its distribution center last year after more than a dozen groups tried to extort money from it. The Pepsi bottler left a few months later.

In Mexico City, bar owners in upscale neighborhoods must pay taxes to a local gang, while on the nation’s highways, cargo robberies have risen more than 75% since 2016.

Compared with drug trafficking, a complex venture that requires managing contacts across the hemisphere, these new criminal enterprises are more like local businesses. The bar to entry is far lower.

The report also notes that homicides are at an all-time high in Mexico, and that cartels have taken control of migrant smuggling in the state of Tamaulipas, which borders the Texas’s Rio Grande Valley, the busiest stretch of the border for illegal immigration.

All this comes on the heels of the massacre of an American family in Mexico, including three women and six children, earlier this month by cartel gunmen, as well as the defeat of a detachment of the Mexican National Guard by cartel forces in the city of Culiacan last month. Mexican President Andres Manuel Lopez Obrador has no strategy to reduce cartel violence and no intention of fighting the cartels.

The Chaos South of Our Border Won’t Stay There

So what do these two news stories from Wednesday have to do with one another, and why would they have major implications for the United States? Simply put, what has happened in Central America is now happening in Mexico. The difference is, when asylum-seekers from Mexico start turning up on our border we won’t be able to deport them to a third country or easily turn them away. If you thought the border crisis was bad last year, wait until hundreds of thousands of families in Michoacán and Tamaulipas decide to flee the cartels and seek asylum in the United States.

To really appreciate the gravity of the situation in Mexico you have to understand some of the dynamics behind the border crisis, which has been driven by Central Americans fleeing societies that are in a state of collapse. Widespread extortion, kidnapping, and violence from gangs throughout the Northern Triangle, combined with grinding poverty and scarce economic opportunities, has prompted hundreds of thousands of Central American families to head north.

One of the reasons this mass exodus turned into a crisis is that unlike earlier waves of illegal immigration, these migrants weren’t single adults from Mexico who could be quickly deported under U.S. law. They were migrant families and minors seeking asylum from noncontiguous countries, which meant they had to go through an entirely different legal process that takes much longer.

The Trump administration, like the Obama administration before it, faced a choice: either release large numbers of people who had crossed the border illegally or detain them in inadequate facilities that were never designed to hold children and families. The administration responded with a host of new policies, some of which have been struck down by the courts, designed to deter Central American asylum-seekers and reduce illegal border-crossings.

Designating Guatemala as a safe third country is one of those policies, despite the reality that Guatemala is by no means a “safe” country (like El Salvador and Honduras, it’s one of the most violent countries in the world). The Migrant Protection Protocols, also known as “remain in Mexico,” is another such policy, which forces asylum-seekers to await the outcome of their case in Mexico, often in dangerous border cities where they are vulnerable to exploitation by cartels and corrupt officials.

The upshot is that as Mexico descends into warlordism marked by widespread criminality and gang warfare, we should expect ordinary Mexicans to respond the way ordinary Central Americans have. Eventually, they’ll leave. Many of them, perhaps hundreds of thousands, will at some point head north and claim asylum. When they do, the border crisis that we’ve been dealing with for the past year will seem insignificant—a prelude to a much larger and intractable crisis, for which there will be no easy fix.


The DACA Dilemma

By Richard A. EpsteinThe Hoover Institution

A vexed Supreme Court is now considering the legal status of the highly popular program, Deferred Action for Childhood Arrivals, better known as DACA. DACA’s survival is now up for grabs in three related cases before the Court, which are being consolidated under the name Department of Homeland Security v. Regents of the University of California. The Court displayed its angst about the legality of DACA during last week’s oral argument for the case.

In June 2012, President Barack Obama initiated the program whereby children who were brought into the United States illegally became eligible to remain for two-year renewable periods so long as they did not committed any felonies or misdemeanors. As designed, the program does not offer these “Dreamers” a path toward citizenship, but it does authorize them to get jobs, obtain driver’s licenses, social security, and a host of other privileges. There are now close to 700,000 Dreamers in the United States, and they have often excelled, as students, military personnel, and workers. Most emphatically, they are not “far from angels,” let alone “hardened criminals,” as President Trump scandalously tweetedon the day of oral argument.

Fortunately, the debate before the Supreme Court rose above that low bar. At issue was the Dreamer’s “reliance interest” in the continuation of the DACA program. The notion of a reliance interest is old and runs throughout the law. It holds that a claim that is otherwise imperfect becomes fully protected once the recipient relies on the promises or actions of the defendant—here the government—to its detriment, and thus cannot be returned to his original position. As a substantive matter, I think that DACA was a welcome modification of national immigration policy. But as a legal matter, the issue is more complicated.

Of course, Trump’s election as president marked a dramatic reversal in immigration policy. In September 2017, Trump gave Congress six months to come up with a legislative solution to the DACA issue, which, to him, boils down to the simple fact that the Dreamers, having come to the United States illegally, have no right to remain in this country. No such deal was worked out, and the Trump administration issued an order to terminate the program. The order was promptly postponed in the lower courts on the ground that Trump was not exempt from the Administrative Procedure Act of 1946, which provides that a court “shall … hold unlawful and set aside agency action … found to be … arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

What is odd about the current dispute before the Supreme Court is that it subjects the Trump administration’s DACA decision to close scrutiny without once asking whether the same level of scrutiny should have applied to then-President Obama’s decision to create DACA in the first place. It is still an open question whether or not Obama had such legal authority in June 2012 to issue his own executive order. On multiple prior occasions, as in October 2010, Obama had repeatedly denied that he had the power to remove or alter the legal status of these individuals by saying “I am not king. I can’t do these things just by myself.” Yet less than two years later, Obama reversed himself and unilaterally imposed a new legal regime under the fig leaf that he was only exercising the most traditional form of prosecutorial discretion, whereby a prosecutor may decline to pursue a case under the law if he thinks that the evidence is not strong enough to warrant pursuing the case, or that other matters have higher priority.

But the outer limits of that discretion is a decision not to prosecute, not on the strength of individual facts, but for an entire class of persons, such as the dreamers.  I regard this practice as questionable at best. If a president can refuse to deal with minor, non-violent offenses, can he also refuse to prosecute serious offenses because he thinks that the penalties are too steep? But even if he can rethink prosecution for broad classes of cases, he may not unilaterally change the status of illegal aliens (the statutory term) under state law.

As such, in my view, the DACA program was flatly illegal at the time it was first issued, because no amount of administrative review under the APA could cure this initial defect by making administrative findings about the strength of the supposed reliance interest. Yet, it was not possible for anyone to immediately challenge the program on its face before implementation. The reason for that is the standing doctrine engrafted onto Article III of the Constitution that restricts access to the federal courts to cases in which there are concrete and discrete “injuries in fact” to a particular person that are traceable to government action and capable of remediation in the event of a favorable decision. In the case of DACA, this standing doctrine means that the case can only be brought by some party that suffers that kind of discrete injury, which cannot be any general member of the public at large.  

This narrow interpretation, however, misreads the key language of Article III, which states that “the judicial Power shall extend to all Cases in Law and Equity” that arise under the Constitution. The requirement of particularized injury is satisfied whenever an individual is subject to a deportation under the immigration laws. But the limited definition of standing—itself a term nowhere found in Article III—ignores the phrase “in equity,” which has long included challenges against ultra vires action—those beyond the power of any corporation, charitable organization, or local government. In other words, the legality of DACA should in principle be subject to challenge by any citizen who thinks that the program is illegal.  If many such cases are brought, they can be consolidated into a single proceeding.

Accordingly, no recipient of DACA benefits could challenge the statute, and it is a tough sell to say that a state has standing to challenge the statute simply because it must issue driver’s licenses to Dreamers. While the driver’s license argument was accepted in 2015 by Judge Jerry Smith of the Fifth Circuit in Texas v. United States, a case which challenged DACA-spinoff program DAPA (Deferred Action for Parents), its thorough examination is of limited precedential value because its judgment was affirmedone year later, without opinion, by an evenly divided Supreme Court.

The standing issue would be trivial, however, if any citizen of the United States was entitled to challenge the illegality of any presidential order. Accordingly, the correct procedure needs an expedited review of DACA’s constitutionality before it was put into place. It is always easier to decide on the legality of a program before it is implemented, not afterwards.

Unfortunately, that did not happen. Hence the glacial pace at which DACA reached the Supreme Court has made it plausible for individual DACA claimants to insist that their reliance interest should force the Trump administration to do what the Obama administration never did— namely, give a set of reasoned justifications under the APA for reversing Obama’s original DACA order.

But their argument is suspect on two grounds. The first is that the reliance interest claim is weak in this context. There are all sorts of ways for individuals to rely on the decisions of other parties in organizing their own conduct. Company S, for example, contracts with local government L to remove snow from the streets. The contract lasts for several years, during which time X buys an automobile that he parks by the street. If L and S agree to reduce the frequency and quality of the snow removal services, X does not have a claim against either solely because he relied on their joint decision when he purchased his automobile.

In the language of contract law, a Dreamer is an “incidental beneficiary” who does not acquire rights against the government simply because the past implementation of DACA improved the Dreamers’ overall position. It is perfectly rational for every DACA recipient to take full advantage of the program. But it is not possible for them to claim that their past good fortune gives them any future entitlement to program continuation. Any waivers of enforcement power in two-year chunks can be stopped at any time.

The point has not been lost on defenders of DACA who grimly understand that the whip in all immigration cases lies with the President, such that the best they could hope for is a delay in action whereby the Court insists that the Trump administration offer a more detailed justification for its decision. Indeed, one reason why the oral argument proved so frustrating is that there was still judicial doubt—as expressed by Justices Ginsburg, Sotomayor and Kagan—as to whether the Obama program was illegal when issued. Hence Justice Ginsburg pressured Solicitor General Noel Francisco to explain the “strange element” whereby he argued first that DACA was flatly illegal, and then asserted that the Trump administration had ample discretion to end the program because of its policy reservations on its ends and purposes.

There is less to Ginsburg’s objection than meets the eye. Francisco was arguing the case in the alternative—first, that the program was illegal, but then if not, that the administration could end it in the same fashion it was implemented, by presidential order. In my view, the first of these grounds is correct. However powerful the case for DACA on the merits, the constitutional principle of separation of powers does not grant to the president the power to create an entire immigration reform out of whole cloth. Asking for a memo in justification for undoing that error seems most unwise. The standards here are necessarily fluid, and that inquiry invites lower courts to keep DACA in place by constantly raising the burden of proof to extreme levels.

Ironically, if this view on legality is correct, the harder question becomes whether Trump had the power to extend DACA once he came into office after he concluded that DACA was constitutionally infirm from its inception. The whole inquiry quickly enters uncharted waters, given the evident need to allow some limited time for transitions to take place. But the matter is too urgent for it to be resolved by either presidential directive or by judicial decision. Fortunately, the same option that was available in 2012 is available today: enact DACA as is for a short-term fix, and then work through the larger immigration challenges at a more thoughtful pace. The human toll is too great to tolerate more indecision, confusion, and delay.


Up to 5.7 Million Noncitizens Voted in Past Presidential Elections, Study Finds

By Fred LucasThe Daily Signal

As many as 5.7 million noncitizens voted in the 2008 election and potentially more voted in 2016, according to a new study by Just Facts, a New Jersey-based research group, drawing on information from other studies.

The study—based on data compiled from Harvard University’s Cooperative Congressional Election Study, an analysis published in the journal Electoral Studies co-authored by Old Dominion University faculty, and Census data—also provides some support for what then-President-elect Donald Trump tweeted in late November, when he asserted he won the popular vote if the fraudulent votes were deducted. The Just Facts study did not look specifically at 2016.

The study by Just Facts, which identifies its point of view as conservative/libertarian, but says it maintains independent inquiry, determined as few as 594,000 and as many as 5.7 million noncitizens voted in 2008, in the race between Democrat Barack Obama and Republican John McCain. Eighty-two percent of noncitizens who admitted to voting in a survey said “I definitely voted” for Obama.

An estimate from 2012, which the study finds to have less complete data, is between 1 million and 3.6 million noncitizens registered to vote or voted, including both the “self declared” and the “database-matched” populations.

Democrat Hillary Clinton won the popular vote over Trump by about 2.9 million votes in 2016.

Previously, an Old Dominion University professor’s analysis found that, extrapolating on a more extensive 2014 study, an estimated 800,000 noncitizensvoted in the 2016 election—falling well short of enough to affect the popular vote.

James Agresti, president of Just Facts, was cautious about stating whether this would have changed the result of the popular vote in the 2016 election.  He concluded it is likely the number of noncitizen voters in the most recent presidential election was higher than eight years ago.

When asked if noncitizen voters changed the popular vote outcome in 2016, he said, “There is a distinct possibility.”

“The 3 million vote margin would be smack in the middle,” Agresti told The Daily Signal. “I don’t want to say it would. There are a lot of uncertainties. It’s possible.”

There are two ways of looking at the noncitizen voting figures for 2012, Agresti said. Based on the Harvard and Census data, between 1 million and 2.6 million noncitizens voted under “self-declared.” However, there are between 1.2 million and 3.6 million “database-matched” noncitizens who voted that year. So the full range is 1 million to 3.6 million. Because of the overlapping information, Agresti is particularly cautious about drawing conclusions here.

“Just Facts does not have all the data needed to calculate inclusive figures for the 2012 election, so these figures are undercounts,” Agresti said.

Hans von Spakovsky, a senior legal fellow at The Heritage Foundation who has written extensively about voter fraud, was not very familiar with Just Facts, but he said if the findings were true, it lends more evidence to a growing problem.

“This is just another indication of how serious the problem may be and why it is even more important to investigate the possibility of noncitizens voting,” von Spakovsky told The Daily Signal.

In May, Trump named Vice President Mike Pence to chair the Presidential Advisory Commission on Election Integrity.

The difference between the Just Facts finding and the estimate from Old Dominion University research is likely because of a different methodology, said Jesse Richman, an associate professor of political science at Old Dominion University, who did the aforementioned study that arrived at 800,000 noncitizen votes in the 2016 election.

“My impression is that the differences arise principally from the different assumptions we made about how to treat individuals for whom there was some ambiguity about whether they voted or not, e.g. individuals who said they didn’t vote but had a validated vote, etc.,” Richman told The Daily Signal in an email. “There are a variety of assumptioans one could make about how to treat those individuals, and my general impression is that this is the main thing driving the differences between our results.”

Richman’s figure was based on the 2014 study he co-authored that looked at noncitizen voting in the 2008 and 2010 elections. Richman applied the methodology from the study of those years to arrive at an estimated 800,000 noncitizen voters in 2016.


Pelosi’s House of Pain

Column: Alexandria Ocasio-Cortez turns the 116th Congress into Thunderdome

By Matthew ContinettiThe Free Beacon

Not so long ago—as recently as the cover of the March 2019 Rolling Stone, in fact—they seemed like the best of friends. I’m referring to Nancy Pelosi and the members of “The Squad”: Ilhan Omar, Alexandria Ocasio-Cortez, and (not pictured) Rashida Tlaib and Ayanna Pressley. They shared some good times.

It was the dawn of a new era. House Democrats had returned to power after eight years. And these Democrats were remarkably diverse in age, ethnicity, race, and gender. Ideology, too: Ocasio-Cortez and Tlaib belong to the Democratic Socialists of America. “Our nation is at an historic moment,” Pelosi said in January. “Two months ago, the American people spoke, and demanded a new dawn.”

Well, the sun has set. And fast. Whatever Pelosi’s plans might have been, they’ve been lost in a fog of anti-Semitism and left-wing radicalism. If Ilhan Omar isn’t causing Pelosi trouble, Ocasio-Cortez is. And vice versa. One day the speaker has to respond to the charge that Jewish money controls American foreign policy. The next she has to downplay flatulent cows. It’s enough to make one pity her. Almost.

Pelosi’s bind began on election night. As Republicans learned from 2011-2015, holding one chamber of Congress isn’t worth that much. The president and the upper chamber block legislation. Frustrated by inaction, the majority turns inward. Divisions grow. The more extreme members target leadership. The speaker spends more time negotiating with her own party than with the president and Senate majority leader.

Recently it seemed as though the major divide would be over impeachment. Pelosi’s terrified by the prospect. The idea isn’t popular, especially with voters in battleground districts. And Mueller’s report didn’t give her much to work with. She would have been in a better position had the special counsel actually said that he thought President Trump obstructed justice. But he copped out, leaving people confused and Pelosi forlorn. She’s let Nadler, Schiff, and Cummings fire their subpoena cannons at will. But this war of attrition favors the president. And deepens the frustration of Democrats who wish Trump had been impeached on inauguration day.

The crisis at the border revealed another division. Shouldn’t have been much of a surprise: Immigration is the defining issue of our time, its tendrils entangling themselves in the politics of democracies around the world.

Democrats, and many Republicans, object to the conditions facing detained asylum-seekers. What separates the Democrats is what to do about it. The majority, including representatives from Trump districts, takes the classic approach: throw money at the problem. The Squad has a different idea. It voted against border funds to “make a point.” And strike a pose.

Ocasio-Cortez’s outlandish rhetoric isn’t helping. She’s described the detention centers as “concentration camps.” Already in favor of abolishing Immigration and Customs Enforcement, this week she said she’s open to shutting down the entire Department of Homeland Security. Why stop there? I’m guessing she doesn’t like the Department of Defense, either. Karl Rove, who in 2002 won a midterm election over DHS, said Ocasio-Cortez’s comments were “moronic, stupid, naïve, and dumb.” That was an understatement.

She’s something, Ocasio-Cortez. At 29 years old, she perfectly embodies her generation’s uniquely irritating combo of self-righteousness and cluelessness. Passionate and charming at first blush, her appeal quickly wears off. In a March Quinnipiac poll her favorability was underwater by 13 points.

What Ocasio-Cortez understands is that, in the culture of social media celebrity, the worst possible thing to do is back down. So, when Pelosi stated the obvious to Maureen Dowd—that for all the attention The Squad receives from the media it is, in the end, four votes—Ocasio-Cortez insinuated the speaker is a racist. And they say liberals oppose nuclear war.

If Pelosi’s racist, then America is in serious trouble. The absurdity of the claim was best expressed by Congressman Lacy Clay, who is black. “You’re getting push back so you resort to using the race card?” he asked. “Unbelievable.” But the very absurdity highlights the position in which the Democratic leadership finds itself. An aging elite must contend with a vocal, far-left cadre of social justice warriors even as the majority depends on legislators who don’t frighten moderates. The differences between the contestants in this liberal Thunderdome are generational, ideological, methodological, and demographic. How Pelosi escapes is a mystery.

Maybe she can’t. Maybe The Squad really is the future of the Democratic Party. After all, Jeremy Corbyn moved from the fringe to the leadership of the Labour Party in the U.K. And the trend of the Democrats has been leftward for a while. If that’s the case, then Pelosi faces a grim future.

And maybe the Democrats do, too. Even if you assume that Ocasio-Cortez’s Twitter and Instagram following counts for something in the real world, she’s not about to help Democrats win Senate races in red states. President Trump and the Republican Party want nothing more than to define the choice in 2020 as between socialism and Americanism, socialism and prosperity, socialism and security. And for whatever reason, Alexandria Ocasio-Cortez is eager to help him.


As Illegal Immigration Skyrockets, The Border Crisis Spins Out Of Control

The latest arrest numbers don’t tell the whole story. As the crisis deepens, the U.S.-Mexico border is becoming increasingly volatile and dangerous.

By John Daniel Davidsonthe Federalist

The big border headline this week was that U.S. authorities arrested or turned away more than 144,000 people at the southwest border in May, including more than 100,000 family units and children, far exceeding previous monthly totals this year and putting us on pace for illegal immigration levels not seen in 13 years. The U.S. Border Patrol apprehended on average 4,200 people a day last month and now has more than 19,000 people in custody.

These numbers tell us the migrant crisis is deepening, despite efforts by the Trump administration and the Mexican government to contain it. But beyond the numbers is something yet more disturbing, a reality not often reflected in media coverage of the crisis: the border itself is spinning out of control.

For one thing, it has become an incredibly dangerous place for migrants. In just the past week, two migrants died shortly after being taken into U.S. custody: a 33-year-old Salvadoran man, who had a seizure within minutes of his arrest, and a 40-year-old Honduran woman, who collapsed less than a half-hour after crossing the border. Last Saturday, a transgender woman from El Salvador died four days after being released from U.S. custody. Two weeks ago, a Guatemalan teenager died at a Border Patrol station from what appears to be influenza.

Many others have died, or nearly so, trying to cross the border. Last month, an infant drowned in the Rio Grande when a raft carrying migrants capsized. On Thursday, a Guatemalan woman died in the Arizona desert after falling ill and being left behind by the group she was traveling with. On Wednesday, Border Patrol agents resuscitated a six-month-old boy after rescuing him and his mother from the river. A week ago, agents rescued a double amputee and a paraplegic after smugglers on the Mexican side threw them into the water.

As a result of migrant caravans originating in Central America, large groups continue to show up on the border. In the past eight months, Border Patrol has encountered more than 180 groups of 100 people or more, up from 13 last year and just two the year before that. The largest group, which crossed the border in downtown El Paso, was more than 1,000 people. More than 2,200 people were arrested in El Paso on Memorial Day, including a group of 430.

The borderlands have always been a hotbed of brazen criminality, but federal authorities say the volume of people now coming across illegally is sapping its ability to combat ongoing drug and human trafficking operations, which continue apace. Two weeks ago, U.S. authorities in Arizona tracked and seized an ultralight aircraftcarrying a half-million dollars’ worth of meth and fentanyl. Agents continue to find smuggling tunnels up and down the border. On Monday, a 23-year-old man, a U.S. citizen, was killed in a firefight at the San Ysidro Port of Entry in California. Afterward, U.S. Customs and Border Protection officers found two Chinese nationals hidden in the man’s truck.

Mexico Is Responding to Tariff Threats With a Heavy Hand

As the situation deteriorates, Mexico has suddenly sprung into action—mostly with what amounts to window dressing. In response to President Trump’s threat to impose punitive tariffs on Mexican imports if the government doesn’t do more to prevent illegal immigration, Mexico has ordered 6,000 National Guard troops to its southern border with Guatemala, promising it will quickly reduce the numbers of Central Americans crossing that porous border (it won’t). Mexican authorities also arrested two organizers of a controversial activist group that’s been behind several large caravans, and on Wednesday apprehended a group of 1,000 migrants in southern Mexico who said they were headed to the United States to claim asylum.

Acting Secretary of Homeland Security Kevin McAleenan was in Guatemala last week working out a plan to assist in the tracking and interdiction of smuggling networks in that country. Dozens of DHS agents and investigators have been dispatched to Guatemala for this purpose, and according to one news report, Guatemala’s ambassador to the United States recently told a Democratic member of Congress that his country would welcome U.S. troops to help secure the northern border.

It’s hard to say where all this is leading. Mexican and American officials say they are nearing an agreement that would deport Guatemalan asylum-seekers who enter the United States to Mexico, and send Honduran and Salvadoran migrants to Guatemala, but it’s unclear if such a scheme would satisfy Trump, or survive a challenge in the courts.

What’s clear, for now, is that the crisis is entering a new and uncertain phase. As pressure mounts to do something about the sharp spike in illegal immigration, and Mexico puts pressure on criminal smuggling networks and cartels that are profiting off the crisis, we should expect more confrontation at the border and throughout Mexico, and, for those trying to get into the United States more danger and uncertainty.


Iranian Military Agent Caught Trying to Enter U.S.

by Adam Kredo • Washington Free Beacon

An Iranian citizen identified as a senior member of the country’s Basij military force was caught trying to enter the United States posing as a cancer researcher, according to multiple sources familiar with the situation who told the Washington Free Beacon that the Trump administration should begin investigating how the individual was granted a U.S. visa in the first place.

Seyed Mohsen Dehnavi, who has been identified as a member of Iran’s highly vetted volunteer Basij force, was turned away from entering the United States at Boston’s Logan Airport.

Sources familiar with the situation said that Dehnavi is billing himself as a medical researcher and was to assume residency at a Boston-based hospital. He was detained earlier this week at Logan Airport along with his family and later sent back to Iran. Continue reading


Report: ICE Has 27 Different Databases for Visa Overstays, Catches Only 0.4%

by Elizabeth Harrington • Washington Free Beacon

Immigrations and Custom Enforcement cannot account for all visa overstays due to inefficiencies in the agency, according to a new report.

ICE arrested just 0.4 percent of visa overstays it could account for, according to an audit by the inspector general.

The agency has 27 different databases used to investigate and track immigrants who remain in the country past the deadline issued on their temporary visas. The lack of a cohesive system has “produced numerous inefficiencies,” making ICE ineffective at catching visa overstays who may pose security risks, according to the audit.

“Department of Homeland Security IT systems did not effectively support ICE visa tracking operations,” the inspector general said. Continue reading


How the High Court Could Shake Up the 2016 Campaign

From immigration to abortion to the power of unions, the Supreme Court is entering this election year with a full plate of politically charged cases.

AP PHOTO/J. SCOTT APPLEWHITE

by Sam Baker     •     NationalJournal

The Court hasn’t of­fi­cially agreed to hear this one yet, but most ex­perts think it will—and that a de­cision will come by the end of June. That’s cer­tainly the Obama ad­min­is­tra­tion’s hope; win­ning at the Su­preme Court is the only way Obama will be able to im­ple­ment his De­ferred Ac­tion for Par­ents of Amer­ic­ans and Law­ful Per­man­ent Res­id­ents pro­gram, or DAPA, which would al­low some 4.3 mil­lion un­doc­u­mented im­mig­rants to re­main in the coun­try.

A rul­ing for the Obama ad­min­is­tra­tion would al­low DAPA to take ef­fect—and Demo­crat­ic front-run­ner Hil­lary Clin­ton has said she would stretch the policy even fur­ther. A loss for the ad­min­is­tra­tion, on the oth­er hand, would vin­dic­ate Re­pub­lic­an cri­ti­cisms that DAPA went too far, and would give a Re­pub­lic­an pres­id­ent a way out of the pro­gram without rolling back any leg­al pro­tec­tions him­self. Continue reading


Scores Enter Germany With Fake Syrian Passports, Similar to Paris Attackers

Dozens of alleged refugees have entered Germany on fake Syrian passports, which were produced using technology similar to that used to forge documents for some of the perpetrators of the Paris attacks, the German Bild newspaper reported Tuesday, citing government sources.

Sputnik News

Last week, two French citizens posing as refugees were arrested in Austria on suspicion of having links to the November 13 Paris terror attacks. The suspects, of Algerian and Pakistani descent, were allegedly using fake Syrian passports and are believed to have entered Austria with some of the Paris attackers in October. Individuals posing as refugees entered Germany using passports made by the same means as those found on the suspects arrested in Austria.

“They contain the same features of forgery,” one of the sources told the German media outlet.

Stolen genuine documents were so intricately altered by counterfeiters that the forgery was not detected immediately, meaning those who entered the country on fake passports have not yet been found, according to the newspaper. Continue reading


Most Asylum Applicants Are Interviewed by Telephone. Feel Safer?

By Nayla Rush     •     Center for Immigration Studies

I attended USCIS’s Asylum Division Quarterly Stakeholder Meeting last week. It was led by John Lafferty, chief of the Asylum Division. Those present were, for the most part, USCIS staff and immigration lawyers in charge of representing asylum seekers and refugees.

Here are a few things I learned:

The Asylum Division suffers from a high staff turnover. Loss of trained staff means recruiting and training others to do the job. It is also understaffed. Officers have a hard time meeting quotas set by the president.

In 2000, there were only 5,000 asylum cases and no backlog. There are now 120,000 cases, hence the backlog. Continue reading


Why We Should Resettle Refugees In Their Own Lands

The refugee crisis exists because America has indulged foolish foreign policies. To get out of this mess will require wisdom, not more of the same.

by Luma Simms     •     The Federalist

I was neither born nor bred in this country. I don’t have Ivy League credentials. Unlike elitists and pundits informed as much by cocktail parties as they are by polls and studies, I’m informed by blood, kin, and culture.

I was born in Baghdad to Christian parents who emigrated the old-fashioned way—legally—and for an old-fashioned reason: The treatment of Christians, like my family, by Muslims in the surrounding culture.

I cry at the “Star Spangled Banner,” and I cry when my naturalized home wages war against my birth home. I am an American. I am also Iraqi, and a Moslawii down to my dialect and my cooking. Continue reading


No Christians: All 132 Syrian Refugees Admitted to U.S. Since Paris Attacks Are Sunni Muslims

By Patrick Goodenough     •     CNSNews.com

The sun rises as refugees and migrants walk from the northern Greek village of Idomeni towards southern Macedonia on Sept. 11, 2015. (AP Photo/Giannis Papanikos)

Since the Paris terror attacks on November 13, the State Department has admitted 132 Syrian refugees into the United States, and all 132 are Sunni Muslims.

No Christian, Druze, Shi’ite, Alawite, or member of any other religious minority in Syria has been admitted over that period, according to data from the State Department Refugee Processing Center.

The majority of the 132 Syrian refugees permitted to resettle in the U.S. since November 13 (72) are male, the minority female (60). Of the 132 total, 39 (29.5 percent) have been men between the ages of 14 and 50. Continue reading


Lessons U.S. Must Learn From Paris Attack

by Mac Thornberry     •     RealClearPolitics

The ISIS attack on Paris has been a wake-up call for the world. A network of terrorists exploited weaknesses in Western intelligence networks, border controls, and law enforcement to savagely attack soft targets and inflict devastating casualties. To protect America, Congress has rightly acted on one of these weaknesses and strengthened the screening of Syrian refugees. Paris has more lessons to teach. Increased vetting of refugees is a good first step, but to stop an attack in the United States there are other lessons we must learn, and learn quickly.

First, there are many avenues by which ISIS operatives can come from their training grounds across the globe, including Iraq and Syria, to carry out attacks against the West. Approximately, 30,000 individuals have traveled from other countries to join ISIS, with as many as 5,000 of them from Europe and the United States. Those from Europe do not need a visa to enter the United States, and our northern and southern borders may be a route fighters use to enter the United States. Continue reading


Common Sense on Syrian Refugees

by Tim Kane     •      National Review

Understand that the debate about Syrian refugees in the United States is a political sideshow. It has nothing to do with ending the crisis in Syria itself, nothing to do with helping France and Lebanon fight Jihadi terror, and nothing to do with xenophobia. Should the United States offer refuge to Syrians fleeing the war? Absolutely. But let’s get some perspective.

First, the terror attacks in Paris (and Beirut) represent a global war on Western civilization, not on all humanity. Second, one study found that 13 percent of Syrian refugees have a positive view of ISIS. That fact should chill you. Third, there should be no doubt that ISIS is using the refugee crisis to infiltrate the West (including our allies, France, Germany, and Turkey). That explains fact number four: 53 percent of Americans are opposed to accepting any Syrian refugees here. This is a commonsense response, even if you and I believe it is incorrect. It is shameful for politicians to call this a racist reaction, which is the lowest, commonest trick in the Left’s political playbook. Continue reading


Obama Stopped Processing Iraq Refugee Requests For 6 Months In 2011

Obama Smirk

Although the Obama administration currently refuses to temporarily pause its Syrian refugee resettlement program in the United States, the State Department in 2011 stopped processing Iraq refugee requests for six months after the Federal Bureau of Investigation uncovered evidence that several dozen terrorists from Iraq had infiltrated the United States via the refugee program.

After two terrorists were discovered in Bowling Green, Kentucky, in 2009, the FBI began reviewing reams of evidence taken from improvised explosive devices (IEDs) that had been used against American troops in Iraq. Federal investigators then tried to match fingerprints from those bombs to the fingerprints of individuals who had recently entered the United States as refugees: Continue reading


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