Posted on June 18 2018
Last month I discussed several issues surrounding the current immigration policies, more precisely the shift in immigration policies under the Trump Administration.
There are 3 areas of great concern:
- CBP & ICE & USCIS past conduct of abuse towards children detained
- the lack of accounting of >1500+ Children
- and the Zero Tolerance “Policy” unilaterally decreed & enforced by Trump
It is very easy to conflate the aforementioned areas of concern because in many respects these issues over lap each other. See May entry here.
how we got here...
Obligatory disclosure, at all times I will link to data sources, and will endeavor to provide a thorough explanation.
Zero Tolerance Policy:
🚨April 11, 2017 - AG Sessions Memorandum 🚨
MEMORANDUM FOR ALL FEDERAL PROSECUTORS ~
FROM: The Attorney General
SUBJECT: Renewed Commitment to Criminal Immigration Enforcement:
It is a high priority of the Department of Justice to establish lawfulness in our immigration system. While dramatic progress has been made at the border in recent months, much remains to be done. It is critical that our work focus on criminal cases that will further reduce illegality. Consistent and vigorous enforcement of key laws will disrupt organizations and deter unlawful conduct. I ask that you increase your efforts in this area making the following immigration offenses higher priorities. Further guidance and support of executing this priority- including an updated memorandum on charging for all criminal cases- will be forthcoming.
8 U.S.C. §1324 ("[b]ringing in and harboring certain aliens") and related offenses:
Each District shall consider for prosecution any case involving the unlawful transportation or harboring ofaliens, or any other conduct proscribed pursuant to 8 U.S.C. § 1324.
Priority should also be given to prosecuting any offenses under section1327 ("aiding or assisting criminal aliens to enter") and section 1328 (' importation ofaliens for immoral purposes')
8 U.S.C. § 1325 ("[i]mproper entry by alien"):
Each District shall consider for felony prosecution under 8 U.S.C. § 1325 any case where a defendant has two or more prior misdemeanor improper entry convictions or one or more prior misdemeanor improper entry convictions with aggravating circumstances, such as a felony criminal history, gang membership or affiliation, multiple prior voluntary returns, prior removal, deportation or exclusion, or other aggravating circumstances.
Each District shall also consider for felony prosecution under 8 U.S.C. § 1325 any case where a defendant knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.
Regarding misdemeanor violations of 8 U.S.C. § 1325:
I ask that each U.S. Attorney's Office on the Southwest Border (i.e., District of Arizona, District of New Mexico, Southern District of California, Southern District ofTexas, and Western District of Texas) work with the U.S. Department of Homeland Security and any other appropriate agency to develop a set of guidelines for prosecuting such violations.
These guidelines should aim to accomplish the goal of deterring first-time improper entrants.
Each District should submit its guidelines to the Office of the Deputy Attorney General by April 24,201 7.
8 U.S.C. § 1326 ("[r]eentry of removed aliens"):
Each District shall consider prosecution of 8 U.S.C. § 1326 for each illegal reentrant. Priority however, must be given to defendants who have been convicted of 1 aggravated felony, have any prior criminal history indicating the defendant poses a danger to public safety, have one or more administrative or criminal immigration violations, gang membership or affiliation, or where other aggravating circumstances are present.
Link to DOJ April 2017 Memorandum found here
It’s NOT like I haven’t been tracking or researching this insidious Zero Tolerance Policy...Judge Sabraw said the following:
‘Such conduct, if true, is brutal, offensive, and fails to comport with traditional notions of fair play and decency," wrote U.S. District Judge Dana Sabraw, SDCA June 6, 2018
Dear @DHSgov @DHSOIG @HHSGov @OIGatHHS @CivilRights @SecNielsen @CBPSanDiego— SpicyFiles (@SpicyFiles) May 25, 2018
You have A LOT of Explaining to do.
The fact these CBP “officers” are NOT in jail for child abuse is MIND Blowing.
Turns our the @realDonaldTrump and CBP are the Animalshttps://t.co/iEIZhEnCnI
What the MSM & lawmakers fail to understand is: this AG Sessions memo effectuated changes to the current law. Meaning previously illegal immigrants faced a misdemeanor. At the SOLE direction & unilateral authority of AG Sessions, he has instructed the DOJ, DHS and CBP to essentially throw as many “felonies” as they can to illegal immigrants, thereby justifying the “zero tolerance” policy used to separate “accompanied (illegal) children” from their parents.
And clearly Sec Nielsen, who previously LIED to the Senate regarding Trump’s Shithole Comments, now two GOP Senators want answers, late yesterday Senators Flake & Collins send DHS Sec this letter:
YES it is THAT simple. By charging the parents of these children with felonies and in some cases multiple felonies, our Government has effectively changed the “status” of these children from “accompanied” to “unaccompanied”.
Accordingly on June 6, 2018, a Federal Judge (mind you a Bush appointee) scorched the Trump Administration and I meant scorched them:
Dear @realDonaldTrump this Judge, who was appointed by President Bush just lit you up.— SpicyFiles (@SpicyFiles) June 7, 2018
Like the best Judicial Bench slap. In Texas a judge appointed by a GOP president just DESTROYED YOU
Wait for the next tweet...TRUST ME...
cc @SecNielsen @CBP @ICEgov @jeffsessions pic.twitter.com/qP0CGiyIDf
For those who think this was Donald J Trump impulsive decision, I want to remind you, it’s NOT. This was a well thought out insidious plan. Charge the parents with felonies, that’s the justification for our Government to essentially engaged in Custodial Interference:
- January 2017 Trump’s Muslim Bans 1-3
- January 2017 - present shuttered numerous refugee programs✔️
- Numerous leaks about Trump & foreign leaders re Refugees
- Trump tells 59K Haitians leave America
- DACA rescission✔️✔️
- DOJ Memo, April 2017 (cited above)
- January 2018, Announcement Trump to close 20 ORR Offices
- Immigrant Hostile Appointees✔️✔️✔️
✔️Asylum CAM Program shuttered by the Trump Administration:
Respectfully this is lacking in much needed facts & content.— SpicyFiles (@SpicyFiles) June 15, 2018
I agree “there is no such law”
Conversely @realDonaldTrump BS of blaming the @TheDemocrats is intellectually dishonest
The @GOP controls the House, the Senate and occasionally the White House (Putin’s House now) https://t.co/m4poyJRM6r
✔️✔️ DACA - Two District Court Federal Judges used Trump’s own words & tweets as: “clear racial animus”
Watch this space... https://t.co/uUZwsvICPa— SpicyFiles (@SpicyFiles) May 15, 2018
✔️✔️✔️ Ron Mortensen (sorry for yelling) BELIEVES IN PASSIVE EUGENICS
So @realDonaldTrump nominated a guy who believes & supports “passive eugenics” -cough white supremacy— SpicyFiles (@SpicyFiles) May 26, 2018
Whom the SPLC & ADL cite as anti-immigrant
Naturally Trump nominated Mortensen to Dept SOS in charge of:
🚨Population, Refugees, and Migration🚨
It’s NOT like Trump hasn’t made his views clear on anyone who isn’t born white, he and the GOP do NOT want any immigrants in our Country. These White Men are horrified that “their Country and respect Mah Heritage” is changing. So what’s the Trump, Sen Cotton & Sen Perdue answer? START...also here’s yet another twitter thread, figures directly from our State Department, regarding Syrian Refugees, our so called President has allowed a GRAND total of: 11 Refugees have been allowed to Entry America. That’s Right 11. These numbers were pulled directly from the State Department.
2015, he tweeted this...— SpicyFiles (@SpicyFiles) April 14, 2018
What do you think I’m working on today?
And it’s NOT like AG Sessions hasn’t been completely transparent about what he and his department are doing:
And as an American citizen, it’s foreign to me to want to see & advocate for a sitting President to be criminally charged for Crimes Against Humanity in violation of The Hague Treaty & Geneva Convention but the reality IS Donald Trump & his Administration are committing inhuman, cruel and inflicting untold emotional harm on these children. To wit, I fully echo and endorse this blistering statement from the United Nations:
USCIS to Implement Online Processing of FOIA Requests— SpicyFiles (@SpicyFiles) June 1, 2018
Wait...it’s 2018 and why is @USCIS JUST getting around to this?
Also _______ you Trump & Sessions you’ve essentially moved immigration Court into the detention centers. Guess expediency trumps rights.
UN High Commissioner for Human Rights
Zeid Ra'ad Al Hussein at
38th session of the Human Rights Council
18 June 2018
Twice in the course of my mandate, I have reported on the troubling failure by a number of countries to grant access, and I will do so again today. These refusals of access constitute a serious affront to our work, and where there is sustained denial of access, and serious reasons to believe violations are occurring, we will consider the option of remote monitoring. The Office’s mandate to conduct such monitoring is unassailable, and if the Government concerned fears there may be inaccuracies it should permit us in to see the situation on the ground.
In the United States, I am deeply concerned by recently adopted policies which punish children for their parents’ actions.
In the past six weeks, nearly two thousand children have been forcibly separated from their parents. The American Association of Pediatrics has called this cruel practice "government-sanctioned child abuse" which may cause "irreparable harm," with "lifelong consequences". The thought that any State would seek to deter parents by inflicting such abuse on children is unconscionable. I call on the United States to immediately end the practice of forcible separation of these children, and I encourage the Government to at last ratify the Convention on the Rights of the Child, in order to ensure that the fundamental rights of all children, whatever their administrative status, will be at the centre of all domestic laws and policies.
We request access so we can better work to help bring States’ laws and practices in line with the commitments which they themselves have made. Every decision to engage more productively with the human rights system is a decision to create openings towards a more harmonious society – one where there is greater justice, more sustainable peace and better development.
When leaders undermine human rights, and human rights law, this is in no way an act of patriotism. They are eroding the structures which can ensure the safety of their people – pitching their societies backwards into violence, destruction, exploitation and disaster. They are recreating the rule of brute force and exploitation – within countries and between them. True patriotism consists in viewing every State, and humanity as a whole, as a community of mutual responsibility, with shared needs and goals. True patriotism consists of the work of creating tolerant communities, which can live in peace.
You can Zeid Ra'ad Al Hussein entire statement via this UN High Commission Link, found here.
Predictably this is how UN Ambassador Nikki Haley and Donald Trump responded to last month’s fair (and rightfully so) criticism of their Zero Tolerance Policy. No really this is Trump saying: no I broke up with you first
Trump administration will withdraw US from UN human rights council, report says..— SpicyFiles (@SpicyFiles) June 16, 2018
Yes the same UNHCR that issued the above statement.
Trump @nikkihaley blame it on anti-Israel rhetoric
America no longer has moral standinghttps://t.co/Rz4X5yecOg
And lastly, because I think I’m a decent researcher, I decided to test my skills and see if I could zero in on the HHS-ORR contracts, and poof just like that (after hours of searching) yes I was able to locate the Contracts. Since I’m not a reporter (gawd must I refer you to my copious typos & jacked up grammar), but if I were a reporter I’d be FOIA-ing the bleep out of these Contracts because the Change Orders, Adds and MODs would give me a much clearer picture of how many children, where shelters are, and the cost to tax payers..but then again I am not a reporter:
Dear MSM Reporters:— SpicyFiles (@SpicyFiles) June 16, 2018
You need to FIND A CONTRACT Officer...
Here’s what I know, Trump is trying (successfully) trying to hide the contact awards for Unaccompanied (illegal) minors.
Here’s what I know to be FACTS
$138M via 5 prime contract awards re ORR
And my closing argument: Sec Neilsen and her Boss are PATHOLOGICAL LIARS:
Also, last I Checked. The Republicans control the House, the Senate and occasionally the White House, although I’m inclined to believe the Republicans and Putin take turns on who controls the White House...
While you're here, throw us a bone.
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