Posted on July 05 2018
AG Sessions & Trump Deliver
a perfectly calibrated weapon
Civil Denaturalization By plagiarizing an Obama ERA Program
It’s true the Trump Administration IS moving forward with a Denaturalization Task-Force. For those who are unaware this was covered extensively by the Associated Press (AP) almost a month ago. During a June 12, 2018 on the record interview with the AP, U.S. Citizenship and Immigration Services (USCIS) Director L. Francis Cissna said:
“...his agency is hiring several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization...”
During his Senate confirmation hearing and subsequently submitted Senate written testimony, Mr. Cissna disclosed the following:
“My mother immigrated (sic) [emigrated] to this country from Peru more than 50 years ago and eventually became a U.S. citizen..
..I found in my spouse the child of an immigrant mother as well. My mother-in-law also immigrated to this country, as a child, from the Middle East, and eventually became a U.S. citizen.“ (emphasis added)
You can read his 2 page written United States SenateCommittee on the Judiciary
May 24, 2017, Statement of Lee Francis Cissna, Nominee for Director, United States Citizenship and Senate Testimony, here.
And yet in another cruel twist of irony in February of 2018 USCIS (yes the Senate confirmed his nomination) USCI Dir Cissna made National and International headlines when he decided to, remove “nation of immigrants” from the USCIS agency’s mission statement. No that really happened and it was a “son of an immigrant” who authorized it, see Feb 2018 NBC Article here.
Now let’s drill down on the “denaturalization task force”, this goes back to my o;d saying:
STOP OBSESSING ABOUT TRUMP’S TWEETS
PAY ATTENTION TO HIS ADMINISTRATION’s ACTIONS
See Attorney General Jeff Sessions JULY 2017 “new guidance” regarding civil immigration enforcement.
July 2017, Volume 65 Number 3:
Civil Immigration Enforcement and the Office of Immigration Litigation- District Court Section
I now refer you to pages 7-19, respectively. I don’t know why it’s all of a sudden a “new” news story. No it’s not, the DOJ announced this over a YEAR ago. At the time this barely made a blip in the never ending 24/7/365 cable news cycle. Link to DOJ Operation Streamline Memo, found here.
I mean for goodness sakes read AG Sessions first paragraph, which reads in part:
“The American people demand a lawful system of immigration that serves the national interest. It is the duty of the Department of Justice to enforce all federal laws as passed by Congress, including the Immigration and Nationality Act. To meet this challenge, the Department must use all of the tools that it has at its disposal, both criminal and civil....
....The Civil Division’s Office of Immigration Litigation
-District Court Section (OIL-DCS) plays a critical role in that regard. Acting as both a sword and shield in the ninety-four judicial districts and related circuits, OIL-DCS brings affirmative cases and defends some of the most significant legal challenges to our client agencies’ immigration enforcement policies and practices.”
It is all there in black and white print, specifically see pages 7 and 8, which reads in part:
..”safeguard the integrity of the “priceless treasure” of U.S.citizenship, Congress has legislated several prerequisites to naturalization.
The value of U.S. citizenship, similar to other immigration benefits, lures otherwise ineligible applicants to attain naturalization—and thereby benefit from its privileges—illegally or fraudulently.
....one a criminal provision and the other a civil remedy—to seek the revocation of naturalization to safeguard the integrity of U.S. citizenship. While both statutes result in the revocation of the defendant’s naturalization, a civil denaturalization action under 8 U.S.C. § 1451(a) is not restrained by the statutory and constitutional
requirements of a similar criminal denaturalization action under 18 U.S.C. §1425.5 “ (emphasis added)
And moving along to pages 9 and 10. Here the Attorney General asserts the various Government agencies (ICE, USCIS, FBI) and then makes an astonishing leap, specifically in the 4th paragraph on page 9, which reads in part:
The AGC may be styled as a declaration, but should be signed under penalty of perjury in accordance with 28 U.S.C. § 1746. The affiant or declarant is not required to have personal knowledge of the facts but must show with particularity the grounds on which the action rests based on facts disclosed by official records to which the declarant had access.
On it’s face, the notion that an affidant (the one who submits an affidavit) or declarant (the one who submits a declaration) “is not required to have personal knowledge of the facts” is astounding.
And then AG Sessions cites the law (both civil & criminal) with surgical precision to effectively violate a “naturalized” citizen’s constitutional rights, in a stunning misinterpretation of the law. Marrying civil & criminal statutes and conflating scotus’ intent.
...”civil denaturalization does not impose a punishment on the naturalized U.S. citizen and seeks merely to “deprive him of his ill-gotten privileges.” The government carries a heavy burden of proof in a civil denaturalization, which requires “clear, unequivocal, and convincing” proof that does not leave the issue in doubt.
The Supreme Court has even suggested that the burden is akin to the criminal standard. As a civil action, however, many of the due process protections afforded in a criminal proceeding, such as a jury trial and a right to counsel, are not mandated.
Moreover, there is no statute of limitations for bringing a civil denaturalization...” (emphasis added)
That last sentence should be terrifying for ALL naturalized citizens, the AG is telegraphing that there are NO statute of limitations under the civil statutes. That’s incredibly problematic and should give you serious pause.
What bothers me is AG Sessions misrepresented SCOTUS Ruling in:
MASLENJAK v. UNITED STATES
SCOTUS Case no: No. 16-309, SCOTUS Opion & Order found here.
May a naturalized American citizen be stripped of her citizenship in a criminal proceeding based on an immaterial false statement?
In order for a naturalized American citizen to be stripped of her citizenship, the government has to prove that she obtained her citizenship illegally; if the underlying illegality is a false statement to government officials, the government must prove that the false statement influenced the citizenship process. Justice Elena Kagan delivered the opinion for the 9-0 majority.
Obama Era Citizenship Numbers 2016
I took the liberty of archiving this 2016-DHS-Report, given when I searched the WayBack and Archive, it appeared preserve this report.
2016, a total of 753,060 persons naturalized (see Figure 1).
The leading countries of birth of new citizens were :
- Mexico (103,550),
- India (46,188),
- the Philippines (41,285),
- the People’s Republic of China (35,794), and
- Cuba (32,101)
The largest number of persons naturalizing lived in California (151,830), New
York (93,376), and Florida (88,764).
I should probably disclose that YES I am okay with naturalized citizens who were granted citizenship by fraudulent means should be stripped of their citizenship, provided a fair trial and an article III Judge and/or a jury of their peers finds them guilty...but my concern remains the power that AG Sessions has or thinks he has.
Let’s go ahead and unpack a litany of concerns and over reach of one Mr Jefferson Beauregard Sessions, shall we?
Exhibit A AG Sessions’ unilater power:
🚨unrolled Archived thread can be found here.
it’s time to have a more fulsome discussion on AG Sessions.— SpicyFiles (@SpicyFiles) June 24, 2018
At ALL times I will link to the data source
🚩Judicial Immigration Cases
🚩Immigration Judges FY 2019
🚩re-opening of dormant cases
Sunlight is the ONLY disinfectant for the Trump Admin
Exhibit B 🚨Operation Janus🚨
Full disclosure this program and DHS-OIG was initiated under the Obama Administration, what gives me considerable pause is the manifest injustice & aggressive enforcement by the Trump Administration. To read the DHS-OIG September-2016 Report, link found here.
Department of Homeland Security initiative, Operation Janus, identified about 315,000 cases where some fingerprint data was missing from the centralized digital fingerprint repository. Among those cases, some may have sought to circumvent criminal record and other background checks in the naturalization process. These cases are the result of an ongoing collaboration between the two departments to investigate and seek denaturalization proceedings against those who obtained citizenship unlawfully.
August 2017 Justice Department Denaturalization Case, originally naturalized in 2011, Araceli Martinez aka Maria Araceli Ramos de Martinez, Original Complaint found here.
Denaturalization Order found here.
Iyman Faris, Department pf Justice March 2017 (months in advance of the public release of Project Streamline), Civil Denaturalization Complaint, found here.
September 2017 Justice Department Denaturalization Cases, three in all:
The civil complaints contain charges against defendants that include illegal procurement of naturalization by not being lawfully admitted for permanent residence (fraud or willful misrepresentation), illegal procurement of naturalization due to lack of good moral character (false testimony) and procurement of U.S. citizenship (concealment of a material fact or willful misrepresentation; false testimony).
The claims made in the complaints are allegations only, and there have been no determinations of liability.
Parvez Manzoor Khan, Civil DOJ Complaint found here.
Rashid Mahmood, Civil DOJ Complaint found, here.
Baljinder Singh, Civil DOJ Complaint found, here.
The DOJ official statement by Acting Assistant Attorney General Chad Readler of the Justice Department’s Civil Division says it ALL. His statement reads in part
“The defendant exploited our immigration system and unlawfully secured the ultimate immigration benefit of naturalization, which undermines both the nation’s security and our lawful immigration system... “The Justice Department will continue to use every tool to protect the integrity of our nation’s immigration system, including the use of civil denaturalization.”
Link to the Department of Justice, September 2017 OPA Release can be found here.
November 2017 DOJ Civil Denaturalization of these 5 citizens. To be fair, some of the crimes committed are incredibly heinous and as unpopular as this is, I fully support this actions for individuals who have been found guilty of child sexual assault. See DOJ OPA Release found here.
Jorge Luis Alvarado, Civil Denaturalization Complaint found here.
Alberto Mario Beleno, Civil Denaturalization Complaint found here.
Eleazar Corral Valenzuela, Civil Denaturalization Complaint found here.
Moises Herrera-Gonzalez, Civil Denaturalization Complaint found here.
Emmanuel Olugbenga Omopariola, Citizenship revoked, order found here.
Justice Department January 2018 OPA announced Project Janus and cooperative efforts of USCiS:
“USCIS dedicated a team to review these Operation Janus cases, and the agency has stated its intention to refer approximately an additional 1,600 for prosecution....” (emphasis added)
USCIS Director Cissna:
“We appreciate the dedication of our Justice Department partners as we work together to ensure the integrity of our nation’s legal immigration system.... I hope this case, and those to follow, send a loud message that attempting to fraudulently obtain U.S. citizenship will not be tolerated. Our nation’s citizens deserve nothing less.”
DOJ-OPA January 2018 Press Release can be read in its entirety here.
In short this recent “hysteria” that OMFG Trump is starting a denaturalization task-force, 1) denaturalizations occurred before this insane Trump Administration 2) seeing numerous MSM feed into this mass hysteria is vexing and simultaneously disappointing because its misleading and frankly feeds into the trump narrative of “fake news”.
Conversely some of the denaturalization cases (particularly in early 2017) appear to be exactly what previous administrations have done. The distinction here is early 2018 the Trump Administration became far more aggressive, as in disproportionately aggressive.
But then again I suppose the vast majority of Americans seem to forget the June 8, 2017 House Judiciary Committee hearing where:
CHAD A. READLER
ACTING ASSISTANT ATTORNEY GENERAL CIVIL DIVISION
U.S. DEPARTMENT OF JUSTICE
discussed at length the tougher Trump/Sessions Immigration Enforcement, I now refer you to page 8 of his written testimony, found here.
...these cases represent approximately 10 percent of all cases filed in federal appellate courts, with the Division handling more than 4,800 new filings in FY 2016 and more than 3,000 to date in FY 2017.
President’s FY 2018 request for the Division seeks 1,140 positions (833 attorneys) and $291,750,000, including an increase for immigration litigation resources required to maintain the superior legal representation
The reason I remember this particular Congressional Hearing is, this was the first time my twitter account @Spicerlies was successfully targeted by “the (faux) resistance”/trump trolls for fratting (fraudulently mass reporting a twitter account) and I was knocked offline for 5 days.
Back to the subject at hand, the Denaturalization Task Force, isn’t new, at all. This is undoubtedly part of Trump’s and the GOP writ large multi-pronged attack on immigration, because at this point it appears the GOP/Trump have fully embraced and mainstreamed the White Supremacy, NeoNazis, White Nationalist and KKK.
1) @SecNielsen LIED— SpicyFiles (@SpicyFiles) June 19, 2018
🚨Asylum seekers are being turned away at designated Port of Entries
2) @realDonaldTrump has PURPOSELY under-staffed & shuttered 20 ORR offices.
3) Zero Tolerance + turning away Asylum seekers:
COMPOUNDs the issue
Remember how I keep saying that Trump/GOP launched a multi-prong attack on immigration, as in legal immigration? Well here are some stone cold and sobering numbers for you. At all times I will link to the “official” government links as to provide a data source:
USCIS Number of N-400 Applications for Naturalization
Case Status, Jan 1 - March 31, 2017 - 740,119 pending applications
Case Status, Oct 1 - December 31, 2016 - 632,937 pending applications
Case Status, July 1 - September 30, 2016 - 518,707 pending applications
And finally true story, Agencies under the Executive Branch are required to submit a budget justification to Congress, the law requires it. I now refer you to page 47 DHS’ Congressional Justification. You can read the full 263 page report here, Also in an unrelated observation, Donald Trump and his Administration actually H A T E Puerto Rico, no really trust me, do a word search on that document, Trump via DHS slashes/guts funding for Puerto Rico.
My bottom line? I think it’s safe to assume Donald J Trump is an unmitigated racist, who finds White Supremacist, White Nationalist, NeoNazis, KKK are “very fine people” and “he hates brown people writ large”...trump reminds me of -that- friend, you know the one who says racist & ignorant things but always caveats “but I have a black/asian/Hispanic etc friend...oh you don’t think Donald Trump is a racist?
Central Park 5 coupled with my retort, below:
And then when the family values party, you know the one I cut my political teeth on actually nominated a known racist, who has 5 children from 3 different women, the race baiting Birther-Racist in Chief @realDonaldTrump https://t.co/jSx6z3f26e— SpicyFiles (@SpicyFiles) June 25, 2018
Just OWN it GOP,
Trump has ruined you and he for damn sure is ruining America and is proving to be a one man wrecking crew
Immigration IS complicated but shutting our borders and treating other humans with such hate is unAmerican. Frankly I wish Trump’s father & mother had been turned away and/or denaturalizatized.
While you're here, throw us a bone.
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