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Tornillo No FBI Background Check - HHS-OIG

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Posted on November 28 2018

Trump Zero Tolerance

a portrait of Unchecked Racial Animus 


In May of 2018, I briefly discussed the “unaccounted” Unaccompanied Minors and noted two Federal Lawsuits citing the Trump Administration Zero Tolerance Policy.

Pathological liar say WHAT?


In midJune I further explained the evolution and rationale (or lack thereof) Trump’s Zero Tolerance epic fubar. I went on to identify the various private companies profiting off of Trump’s Zero Tolerance policy. Which resulted in (sorry I don’t know what else to call them) Child Internment Camps and the long lasting (sadly in some cases permanent) damaged inflicted on these children. 

I then decided to zero in on specific private companies who were awarded tens of millions of dollars in Federal Contracts, specifically for unaccompanied Minors. SouthWest Key Programs and various contract awards, coupled with dozens of child care safety complaints 


 Exhibit SouthWest Key:


Exhibit whoa that’s a LOT of Tax Payer Funding:



 I then drilled down on the various HHS-ORR contracts. Scott Lloyd is literally one of the more dangerous “Trump Appointees”. So much so I decided to tune everything out and spend a few weekends researching E. Scott Llyod. In Lloyd’s short tenor he has repeatedly forced unaccompanied Minors to carry unwanted pregnancies, attempted to hide or delay identifying the pregnant.


Exhibit A I am honestly vexed why Scott Llyod is still employed. No really I am 



Exhibit B Scott Lloyd should have been fired months ago, the only upside is once the House Democrats regain the gavel (116th Congress January 3, 2019) I can only hope they will haul Scott Llyod in and give him a good old fashioned DC shellacking, he may or may not want to retain Counsel NOW (he’s in a bit of deep kimchi with the State of Virginia Bar, oh shit, I shouldn’t say that)




In late June of 2018 I went further into the multiple federal complaints and various judicial actions taken to hold the Trump Administration accountable. I further discussed the UN and other human rights groups identified as the cascading effect as in child abuse that Trump’s Zero Tolerance policy will have on these children.


In mid October I walked you through the Department of Homeland Security’s Office of Inspector General’s (DHS-OIG) Report. The DHS-OIG Report was scathing, it confirmed some of our worst suspicions and yet here we are approaching December 2018, some 100 days POST Court Order to reunite the hundreds of Unaccompanied Minors. Which is hugely problematic given the numerous internal Government watchdog reports that confirm there was an information black hole where DHS didn’t have an integrated database with HHS-ORR (more on Scott Lloyd later):



Also in October of 2018 I discussed at length The Flores Amendment and the Trump Administration’s premeditated plan to gut that agreement and its sister agreement. I also explained that Sec Nielsen “noticed” proposed new rule making regarding The Flores Amendment. Not to belabor the issue but in June I actually tweeted (and linked) to Sec Nielsen’s written Congressional Testimony from her May 15, 2018 hearing. See highlighted document below 



And while many of you have moved on to the next Trump scandal, some of us have continued quitely monitor the unacceptable and abhorrent Zero Tolerance Policy. On October 26, 2018 the Government Accountability Office (GAO) released a scathing and brutal report. Found here. But as per usual this brutal report didn’t get the attention it should have because right on schedule Trump created another scandal. As I detailed in that entry and subsequent twitter thread, this GAO Report was unbelievably brutal:




Granted I don’t personally know Trump. Nor do I have any inclination to ever break bread with him or engage in a discussion. That is an unequivocal hard pass for me. Full Disclosure, I can count on a single had the times I’ve personally interacted with his daughter and adult sons.  Those encounters where not memorable in any way beyond I refused to snap a picture & then go humble brag about it on social media. In fact I’m pretty sure that Ivanka knows exactly what I think about her and her father. Which is ironic because I didn’t utter a single word to her on the two occasions where I had any interaction with her. One of my minis is actually convinced that lasers shoot from my eyes and that I wear glasses to protect people from my death stare. No really that’s a thing. 

By now most of you know I’m not white, although I did marry a “white dude”, bless his heart and yes it’s totally acceptable to send thoughts and prayers to him, I do at least twice a day. I mean imagine being married to me or having me as your mother. Enough said. Therefore it’s forgone conclusion that my “spawn” isn’t white. See in our house we never judge a person by the pigmentation of their skin. We judge others by their actions and words, hence what’s in their heart.

What I can tell you, is I do know the chaos and fear his Travel Ban 1.0, 2.0 and 3.0 created, it was pure pandemonium. What it’s like to have a child cry because they think Donald Trump will deport their Hispanic classmates. Perhaps that’s what the whole goal was/is for Trump. Create so much chaos and pour jet fuel on fear, unknowing and doubt (FUD) that we, the American people become utterly desensitized to his intolerable cruelty. It’s weird I almost think that Trump enjoys and gets off on emotionally abusing people.

 Conversly I refuse to give Trump or his administration that power. I know that nearly everything Trump has done and NOT done are absolutely self serving. Trump doesn’t love or respect our Country the way you and I do. I’m pretty sure that Trump is a deeply insecure quasi megalomaniac. He knows that deep down inside he’s a loathsome piece of shit. That he’s a con man. That his entire public image was/is crafted from a complex web of lies. 

So my opinion is strictly based on what’s in the public domain...there are times I think to myself is it possible for me to hate or loathe him or his administration anymore. And then just like that he proves that yes, yes I can.



HHS-ORR November 16, 2018 Tornillo Report:

As many of you know one way the DC Machine aka Government Insitutions protect themselves is with a robust document trail. When HHS quitely published this November 16, 2018 Report, that should have been a big red flag that another report would be released that may in fact contradict the previous report.


As of November 15, 2018, there were about 1,800 UAC, ages 13-17, residing at Tornillo. Approximately 80 percent were male and 20 percent were female. UAC spend, on average, 25 days at Tornillo. Most are about to be released to a suitable sponsor.

What I found interesting is this is the FIRST known acknowledgement of how the “land” used for the Tornillo Tent City aka Child Internment Camps came to be. I had always wondered who owned the land for the Child-Tent-City, the answer can be found on page 2, 3rd paragraph. If I were a reporter I’d ask the GSA for a copy of the “lease agreement” But this actually presents a new legal quagmire. Meaning the land is Federally owned, therefore the Tent-City isn’t under the regulatory sovereignty of Texas, which is hugely problematic given the State of Texas has stringent  laws, specifically Adult-Child ratio. Granted if I’m reading this HHS report correctly the Government asserts, Tornillo is 100% Federal and has no obligation to adhere to Texas Child Care laws (add up entry for the BCFS & SouthWest Key Texas Database of violations and citations post inspection)

A lease agreement with the General Services Administration is providing HHS temporary use of the site.

Further this HHS report purports that the vast majority of the 1,800 unaccompanied Minors currently in HHS-ORR care actually entered the United States illegally and they came here without a parent or legal guardian. What I also find problematic is the increasing likelihood that these unaccompanied Minors are facing indefinite detention. To be fair this also occurred under Presidents Obama, Bush & Clinton.

The distinction here is Trump & his radical Immigration policies have only exasperated this untenable situation. Again I am NOT advocating for Open Borders or the (insane) Abolish Ice. What I am unapologetically advocating for is certain constitutional rights, like due process, like a bond hearing, like a credible claims asylum hearing. Every action taken by Trump and his administration screams: if you’re brown, black, yellow, purple. blue GTFOH.


If you haven’t figured out by now, the Trump mantra: LEGAL PORT OF ENTRY is in fact a canard. Based on 8 USC §1158 - ASYLUM the statute is crystal clear yet Trump & his cabal keep screaming legal port of entry. Well how exactly does that work when this administration has contorted itself like a Russian Gymnast named Sletvana?



My point is some of us started sounding the alarm months ago, citing the numerous ways Trump and his administration have launched a multi prong attack on LEGAL immigration. In June I was told I was off my rocker. Even in the face of incontrovertible data (a vast majority of which I actually linked to) that I was being overly dramatic. Which is fine. Oddly I am use to people questioning and then going on a random twitter rampage about how I’m wrong. Nonetheless I remain steadfast, because I know I reach my conclusion based on the preponderance of publicly available information months before others. That doesn’t make me wrong, it simply means: oh I see you’ve managed to catch up to a conclusion I reached months ago. Welcome aboard and  WTF took you so long.

<insert extreme eye roll> See thread and subthread from June.




Health & Human Services OIG Report 

 It goes without saying Trump has a way of sucking the oxygen out of the room. So the fact that the mainstream media (except for the Associated Press, see article here) the headline encompasses the 8 page HHS-OIG Report:


The Tornillo Influx Care Facility:

Concerns About Staff Background Checks and Number of Clinicians on Staff



First, we found that Tornillo is not conducting required Federal Bureau of Investigation (FBI) fingerprint background checks for staff working at Tornillo. Instead, Tornillo is using checks conducted by a private contractor that has access to less comprehensive data, thereby heightening the risk that an individual with a criminal history could have direct access to children in ORR care. Second, we found that Tornillo does not employ a sufficient number of staff clinicians to provide adequate mental health care for UAC. These issues warrant ORR’s immediate attention because they could significantly compromise the safety and well- being of UAC.


JMJ how much is Trump’s Racial Animus Costing Taxpayers? I now refer you to page 3 of the HHS-OIG report and you bet it was Scott Llyod who authorized the deviation of the MANDATORY FBI Fingerprint Background Check. Again why is Scott Llyod STILL on the taxpayers payroll? I thought the HHS-ORR only acted in the BEST interest of the children in their care, so the fact that Scott Lloyd bypassed the mandatory Background check for workers in a Tornillo just smacks of criminal wrong doing. I can NOT wait for Lloyd to be grilled over this reckless decision.



 Tornillo became operational on June 14, 2018, and BCFS HHS received grant funds totaling $15 million for a 30-day operation period.

ORR has provided two separate month long extensions and provided additional grant funds totaling $47 million to operate Tornillo.

September 14, 2018, ORR announced that up to $368 million in additional grant funds would be awarded to BCFS HHS to expand bed capacity to 3,800 beds,at Tornillo to keep the shelter operational through calendar year 2018. 

ORR Director may, using unreviewable discretion, waive or modify specific sections of the regulation for an emergency care provider facility for “good cause.” According to ORR regulation, “good cause would only be found in cases where the temporary nature of the emergency care provider facility makes compliance with the provision impracticable or

 What I found incredibly stunning, on page 6 under “findings”, HHS-OIG concluded that staffing ratios, specifically for mental health clinicians was well below the mandatory requirements. The fact is the vast majority of these children will have mental health issues. If you were stripped from your parents or misidentified as a gang member or you couldn’t understand how long you would be detained because yhe facilities failed to hire employees that speak your language, wouldn’t you be despondent or situationally depressed? Or of the 1,300 Tornillo employees NOT A SINGLE ONE had an FBI fingerprint background check and hundreds of employees didn’t have the most basic criminal check related to child abuse. No I’m not kidding, all of that is detailed on pages 4-7


‘..clinician is one of several key positions that the care provider must include in its staffing plan. The clinician conducts mental health assessments, provides ongoing individual and group counseling services, screens for human trafficking concerns, and provides crisis intervention services.

Child Abuse/Neglect Background Checks. We found that Tornillo was not conducting the required CA/N check. During our communications with ORR staff, we learned that ORR had granted Tornillo a waiver from conducting the CA/N check.

 It is unbelievable to me that Scott Llyod, HHS-ORR Director is STILL in that position. This 8 page HHS-OIG report should have been front page news nonstop. The Clinician to Child ration is 1:55 that’s well beyond the 1:8 or 1:18 previously touted by ORR.


This memorandum documents that OIG has alerted your office to serious safety and health vulnerabilities at Tornillo: the lack of FBI fingerprint background checks and the dangerously low number of clinicians serving children. Both issues warrant immediate attention because they pose substantial risks to children receiving care at this facility.


That’s not me saying that, this is Scott Llyod’s own HHS-OIG published report telling the American people that there are significant issues and HHS-ORR need to remediate forthwith. I suppose one could argue that the Trump Administration thinks these unaccompanied Minors are “animals” and therefore are subhuman.

Everything about Trump’s radical immigration policies are antithetical to REAL American Values. And with each passing day I find that my level of disappointment continues to be lowered and lowered, the reality is Donald Trump has no bottom. He is bereft of any kind of compassion or decency. Time and time again Trump has shown ALL of us what is in his heart, nothing it is a vacuous black hole of fear, loathing and misery. The sad part is I didn’t think there were a lot of Americans who share this kind of object cruelty. I assumed that most Americans would find Trump’s insidious actions repugnant. The actual reality is in Trump’s jacked up view of America, White People Reign Supreme and if you’re not white you are “others”. It’s disheartening, disgusting and disgraceful. Trump’s America is NOT my America. In my America we are decent, compassionate and empathetic. We don’t amplify the “others” deluded syndrome that drowns in the “Us versus Them” subversion. That’s what people in Russia and third world countries do, NOT in the goddamn United States of America.







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