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by http://www.truthrevolt.org/author/bradford-thomas

A new study by the Center for Immigration Studies has found that there are now more than 200 so-called “sanctuary cities,” cities like San Francisco, which have policies that allow them to avoid cooperating with federal immigration authorities.

Along with a map of showing all of the sanctuary cities, CIS posted the following explanation, which notes that though it’s illegal for local municipalities to comply with federal law, the Department of Justice has never taken any measure to enforce the law, In fact, CIS points out, the Obama administration has deliberately made it more difficult for those cities and counties that attempt to obey federal law:

More than 200 cities, counties and states across the United States are considered sanctuary cities. These state and local jurisdictions have policies, laws, executive orders, or regulations allowing them to avoid cooperating with federal immigration law enforcement authorities. These “cities” ignore federal law authorizing U.S. Immigration and Customs Enforcement (ICE) to administratively deport illegal aliens without seeking criminal warrants or convictions from federal, state, or local courts. Although federal law requires the cooperation, the Department of Justice has never sued or taken any measure, including denying federal funds, against a jurisdiction. On the contrary, the present administration has made it difficult for the states and localities which choose to aid in enforcing immigration laws. Federal law was labelled voluntary by the administration in a November 2014 policy memorandum signed by the Homeland Security Secretary.

CIS Director of Policy Studies Jessica Vaughan said that, depending on how one defines “sanctuary city,” the number could in fact be over 300. “One could also argue that any jurisdiction that provides drivers licenses, or welfare benefits, or public housing, or municipal ID cards is a sanctuary,” Vaughan explained.

The issue of sanctuary cities has entered the national spotlight after the killing of Kate Steinle by a five-times deported illegal immigrant who had multiple felonies on his record. Several lawmakers—particularly Republicans, like Sen. Jeff Sessions—are calling for changes to federal response to sanctuary cities, with the potential of criminal charges against those city and county officials who fail to comply with federal detainer and hold requests.

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Commentary By

In another midnight filing last week in the immigration lawsuit filed by 26 states against the Obama administration in the Southern District of Texas, the U.S. Justice Department admitted that the Department of Homeland Security had violated federal Judge Andrew Hanen’s Feb. 16 injunction against President Obama’s immigration amnesty plan.

This was not the first such admission by the government. It had previously filed an “Advisory” on March 3 informing Judge Hanen that between Nov. 20, 2014, when the president announced his immigration plan, and Feb. 16 when the injunction was issued, the Department of Homeland Security had begun implementing part of the president’s plan by issuing three-year deferrals to over 100,000 illegal aliens.

In other words, despite having told Judge Hanen both in court and in written pleadings that no part of the president’s plan was being implemented until late February at the earliest, government officials were doing exactly the opposite.

On April 7, Judge Hanen issued an order with a scathing analysis of the Justice Department’s misbehavior, finding that “attorneys for the government misrepresented the facts” to the court. He told the Justice Department that he expected all of the parties in the case, including the government, “to act in a forthright manner and not hide behind deceptive representations and half-truths.”

Hanen also gave the Justice Department lawyers a hard time over not having informed him immediately upon their discovery of this misrepresentation, saying that their claim that they took prompt, remedial action was “belied by the facts”—namely, that they waited over two weeks to tell the judge.

In the latest Advisory filed on May 7, the Justice Department informed Hanen that the Department of Homeland Security “sent three-year work authorizations after the Court had issued its injunction” to approximately 2,000 individuals. This time, the Justice Department lawyers assert they only found out about the violation of the injunction order the day before the filing.

They also say that Department of Homeland Security is in the process of converting “these three-year terms into two-year terms” and that Secretary Jeh Johnson has asked the “DHS Inspector General to investigate the issuance of these three-year [Employment Authorization Documents].”

In a separate, supplemental three-page order issued on May 8, Judge Hanen cites additional evidence to support his finding that the states have standing to challenge Obama’s immigration plan. In his Feb. 16 injunction order, Hanen referenced statements by Obama that there would be consequences for any Homeland Security employee who did not follow the requirements of the Nov. 20 amnesty plan. The Justice Department had tried to downplay the president’s statements.

However, Judge Hanen notes that while testifying on April 14—after the injunction was issued—before the House Judiciary Committee, Sarah Saldana, the director of Immigration and Customs Enforcement, “reiterated that any officer or agent who did not follow the dictates of the 2014 DHS Directive would face the entire gamut of possible employee sanctions, including termination.”

Hanen said that “the president’s statements have now been reaffirmed under oath by the very person in charge of immigration enforcement.”

Thus, according to Hanen, the government “has announced, and has now confirmed under oath, that it is pursuing a policy of mandatory non-compliance (with the [Immigration and Nationality Act]), and that any agent who seeks to enforce the duly-enacted immigration laws will face sanctions—which could include the loss of his or her job.”

It is this “clear abdication of the law by the government—a law that is only enforceable by the government and outside the province of the states” that gives the states standing to bring suit.

The latest actions by the government may make it even harder for Justice Department lawyers to convince the 5th Circuit Court of Appeals to overturn Judge Hanen’s injunction.

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U.S. Immigration and Customs Enforcement (ICE), security contractors frisk Honduran immigration detainees deporting them on a flight to San Pedro Sula, Honduras on February 28, 2013 in Mesa, Arizona.  (Photo by John Moore/Getty Images)

by RACHEL STOLTZFOOS

Obama’s chief immigration officer will testify this week before Congress about the sharp drop in deportations of illegal immigrants in recent years.

Sarah Saldaña, director of U.S. Immigration and Customs Enforcement (ICE), is expected to attribute the plummeting numbers to the surge of children at the border and uncooperative local and foreign governments.

Only 102,000 criminal illegal immigrants identified and apprehended by ICE were deported in Fiscal Year 2014, which is an 18 percent drop, according to a statement announcing the hearing. And the number of arrests of criminal illegal immigrants is down by 35 percent from this time last year. (RELATED: Obama’s Deputies Deported Only 0.2 Percent Of 11.7 Million Illegals In 2013)

Almost 800 personnel and other resources were reallocated last year to deal with the huge influx of Central American children crossing the border, she says in prepared testimony obtained by The Daily Caller News Foundation. The agency transferred nearly 60,000 children to DHS custody, and had to build three new family detention centers, according to immigration law, to detain families apprehended at the border.

Some of those resources were taken from a program that disrupts smugglers by apprehending illegals at one part of the Mexican border and deporting them at a different part of the border. As a result, that program suffered, Saldana will testify.

Adding to the draw on resources posed by the surge is the difficulty of deporting illegal immigrants to countries other than Mexico. It’s more expensive and requires the cooperation of foreign countries, who often fail to provide the necessary travel documents. And in some cases, ICE is forced to release those illegal immigrants who aren’t given documents.

Saldana will also discuss the problem posed by cities who refuse to cooperate with ICE. These so-called “sanctuary” cities choose to release convicted illegal immigrants when their jail or prison sentence ends, rather than turn them over to the custody of ICE for deportation as requested.

“There are more than 200 jurisdictions, including some of the largest in the country,” her prepared statement asserts. From January 2014 to March 2015, cities ignored 15,000 of these requests from ICE, according to the Judiciary Committee statement.

“While the reasons for this may vary … in certain circumstances we believe such a lack of cooperation may increase the risk that dangerous criminals are returned to the streets, putting the public and our officers at greater risk,” Saldana’s statement says.

Her agency itself released more than 65,000 criminal illegal aliens in 2013 and 2014 in compliance with immigration law, and to ensure detention space for other efforts. (RELATED: Obama Deputies Free 30,682 Foreign Criminals)

“Over the past six years, President Obama has steadily dismantled the interior enforcement of our nation’s immigration laws,” committee chairman Bob Goodlatte said in a statement Monday. “Under the Obama Administration’s watch, the apprehension, detention, and removal of unlawful and criminal aliens has dramatically declined.”

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By Hans von Spakovsky 

In an order issued late Tuesday, federal district court Judge Andrew Hanen refused to lift the preliminary injunction he had previously issued stopping the implementation of the immigration amnesty plan announced by President Obama last November.

And in a second order, an obviously infuriated Judge Hanen said that the “attorneys for the Government misrepresented the facts” to the court.

Judge Hanen issued his injunction on Feb. 16 in the lawsuit filed by 26 states in a Texas federal court. On Feb. 23, the Justice Department filed a motion asking Hanen to stay his injunction pending an appeal to the Fifth Circuit Court of Appeals. On March 3, the Justice Department filed an “Advisory” with Hanen, informing him that between Nov. 20, when the president announced his new plan, and Feb. 16, when the injunction was issued, the Department of Homeland Security had begun implementing part of the president’s plan by issuing three-year deferrals to over 100,000 illegal aliens.

Justice Department Had Said Obama’s Immigration Plan Hadn’t Been Implemented

 This despite the fact that the Justice Department had assured Judge Hanen on numerous occasions—both in court and in written pleadings—that no part of the president’s plan would be implemented until late February. In the Advisory, the Justice Department did not admit it had misled the court; it was just trying to clear up any “confusion” that might have occurred.

Judge Hanen obviously saw things differently.

In Tuesday night’s order on the injunction, Hanen said that he remained “convinced” that his original findings and rulings were correct and that for a number of reasons, “the decisions reached previously by this Court have been reinforced.”

For example, Hanen had based his injunction in part on the “abdication” by the administration of its duty to enforce federal immigration law. Hanen pointed out that “recent actions taken by the Government confirm that it has abdicated enforcement.”

U.S. Border Patrol agent Joe Gutierrez. (Photo: Paul Hennessy/Polaris/Newscom)

One of those actions cited by Hanen was Obama’s reaction at a town hall meeting held after the injunction was issued to an individual upset over a deportation order. Obama said that any Border Patrol agents or Immigration and Customs Enforcement officials who didn’t follow his new immigration plan that halts deportations against those who qualify under his new plan would be punished: if “they don’t follow the policy, there are going to be consequences to it.”

According to Hanen, Obama’s message to federal law enforcement officials and the nation “is clear.” First, federal immigration laws that “officials are charged with enforcing, are not to be enforced when those laws conflict” with the president’s plan.  Second, “the criteria set out in [the president’s plan] are mandatory.” Third, if Department of Homeland Security officials “fail to follow the specified criteria, there will be consequences for this failure—just as there would be consequences if they were in the military and disobeyed an order from the Commander in Chief.”

In summary, “the chief executive has ordered that the laws requiring removal of illegal immigrants that conflict with [the president’s plan] are not to be enforced, and that anyone who attempts to do so will be punished.”

Hanen also dismissed the government’s claim that it would suffer irreparable harm if the injunction is not lifted. He concluded that “there is no pressing, emergent need for this program” and “the scales of justice greatly favor the States.”

Justice Department Lawyers Showed ‘Distinct Lack of Candor’

In the second order over the Advisory filed with the court, Judge Hanen presented a scathing analysis of the Justice Department’s misbehavior in misleading him over the implementation of the president’s amnesty plan:

This Court expects all parties, including the Government of the United States, to act in a forthright manner and not hide behind deceptive representations and half-truths. That is why, whatever the motive for the Government’s actions in this matter, the Court is extremely troubled by the multiple representations made by the Government’s counsel—both in writing and orally—that no action would be taken … until February 18, 2015.

Hanen said the representations made by the Justice Department lawyers “indicates a distinct lack of candor.”

The Justice Department lawyers may even be in trouble for their delay in telling Hanen about this problem: “the explanation by Defendants’ counsel for their conduct after the fact is even more troublesome for the Court.”

The Department told Hanen they were unaware there was a problem until they read his Feb. 16 injunction order, and that they then took “prompt” remedial action to inform the court, but Hanen said that “assertion is belied by the facts.” The Advisory was not filed until March 3, so for two weeks after the Feb. 16 injunction order, “the Government did nothing to inform the Court of the 108,081” deferrals that had been issued.

Instead, on Feb. 23, the government filed its “Motion to Stay” the injunction with Hanen, saying absolutely nothing in that motion about this problem. Instead, “mysteriously, what was included” in the Justice Department’s motion was a request that Hanen issue a decision by Feb. 25, within two days:

If this Court had ruled according to the Government’s requested schedule, it would have ruled without the Court or the States knowing that the Government had granted 108,081 applications … despite its multiple representations to the contrary … Yet they stood silent. Even worse, they urged this Court to rule before disclosing that the Government had already issued 108,081 three-year renewals … despite their statement to the contrary.

Hanen goes after the Justice Department lawyers even harder, especially their claims that they acted “promptly” to clear up any “confusion” they may have caused: “But the facts clearly show these statements to be disingenuous. The Government did anything but act ‘promptly’ to clarify the Government-created ‘confusion.’”

Judge: Justice Department Lawyers Didn’t Follow Professional Ethics

Hanen cites Section 3.3 of the American Bar Association Model Rules of Professional Conduct and the corresponding section of the Texas Rules, which require complete candor by a lawyer in his or her dealings with a court:

Fabrications, misstatements, half-truths, artful omissions, and the failure to correct misstatements may be acceptable, albeit lamentable, in other aspects of life; but in the courtroom, when an attorney knows that both the Court and the other side are relying on complete frankness, such conduct is unacceptable.

Because of the government’s misconduct, Judge Hanen considered striking their pleadings, and indicated that “under different circumstances,” he might “very well do so.” But he didn’t because, he said, that would effectively end the case.

The border wall runs several miles through a rural area east of Brownsville. (Photo: Bob Daemmrich/Newscom)

Because the issues at stake “have national significance and deserve to be fully considered on the merits,” Hanen concluded that “the ends of justice would not be served by striking pleadings in this case.” He warned the Justice Department, though, that his decision “does not bar such a sanction in the future should the facts and law warrant that action” and that his decision does not leave him “impotent to fashion an appropriate remedy” for the government’s misconduct.

In addition to granting the states’ request for early discovery, Hanen ordered the Justice Department to produce “any and all drafts of the March 3, 2015 Advisory” including all “metadata and all other tangible items that indicate when each draft of the document was written and/or edited or revised” as well as the names of any person who knew about the Advisory or the Department of Homeland Security activity, or reviewed it, and the date that occurred. He ordered that no documents, emails, computer records, hard drives or servers that have any information about this Advisory be “destroyed or erased.” And he gave the Justice Department only until April 21 to supply all of this information.

That is a tall order, but Judge Hanen is clearly determined to find out who knew about this deception, and may well consider personally sanctioning those lawyers or other officials who were involved once he gets that information.

This is another big loss for the government and gives the states the ability to question the credibility of the government in the appeal now pending. The Justice Department will go into the upcoming hearing before the Fifth Circuit with what the legal profession calls “unclean hands,” which is when lawyers engage in professional and ethical misconduct. That certainly will not help the government win its case.

Personal Libert Digest New

baby with U.S. flag

by Chip Wood

Federal officials raided a bunch of apartments in California last month, as part of an investigation into a “birth tourism” scam. It seems that thousands of pregnant Chinese women have flown into the United States on fraudulent visas so their babies would be born in this country — and, thus, become instant U.S. citizens.

The women allegedly paid between $40,000 and $80,000 for the arrangements, which included being escorted from the airport, taken to pre-arranged housing, provided with groceries and other supplies, and even provided with prenatal care.

The Department of Homeland Security says that the pregnant women were coached in China to lie about their travel plans. They were even told to wear loose clothing to hide their pregnancies. The Associated Press quoted Claude Arnold, a special agent with Immigration and Customs Enforcement, as saying, “These people were told to lie, how to lie, so that their motives for coming to the U.S. wouldn’t be questioned.”

The participants were allegedly promised that their babies would become U.S. citizens as soon as they were born, and that they would be issued with Social Security numbers and U.S. passports. And amazingly, it seems they are correct.

But these scammers are just a drop in bucket, compared to the number of illegal immigrants from other countries, especially Mexico, who do the same thing. In fact, in reporting on this story, the Los Angeles Times quoted one person as saying, “Come on, people go across the border to have a baby from Mexico all the time, so what’s the problem?”

What’s the problem? It’s that it is the official policy of the United States government that any child born in this country to both legal and illegal immigrants automatically and immediately becomes a citizen of the United States. Not only that, but by becoming a newly franchised citizen, that infant is permitted to sponsor American citizenship for its mother, father and other relatives.

Such infants are sometimes referred to as “anchor babies,” because their immediate and automatic citizenship is the “anchor” on which a host of other claims, from welfare to the citizenship of others, can be made. At least most of the Chinese women who come to this country to give birth then return to China with their child. Not so the ones who sneak in from Mexico.

How did such an insane policy come to be accepted as the law of the land? Well, the first thing you should know is that there is no such law. No, the whole bizarre policy is based on a very twisted interpretation of the 14th Amendment to the Constitution. Here’s the relevant section:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State where they reside.

When this amendment was first proposed in the aftermath of the Civil War, no one suggested that it would include the children of aliens, even if their parents were in this country legally when they were born. Since the parents were “subject to the jurisdiction” of the country where they were citizens, it was assumed that their children would also be citizens of the same country.

There were very rigid procedures in place for people to become citizens of this country. They included passing a written test (which was given in English), taking an oath of allegiance to the United States and renouncing their prior citizenship.

Obviously, newborn infants can’t do any of these things. So how can they possibly qualify for citizenship?

It’s time for Congress to correct this incredible misinterpretation of the law. In fact, it’s long past time. I believe the vast majority of Americans would agree on this. So where is the political leader who will promise to make it happen? We’re waiting.

Until next time, keep some powder dry.

–Chip Wood

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Two Immigrants For Every New Job Since 2000

The United States has accepted two new immigrants for each additional job created since 2000, according to federal data.

The data shows that 18 million legal and illegal immigrants settled in the United States from 2000 to 2015, while only 9.3 million additional jobs were created, according to the Center for Immigration Studies, which favors a reduced level of immigration.

After subtracting deaths, departures and retirements among the immigrants, the working-age population of immigrants has grown 12 million since 2000, according to data at the Bureau of Labor Standards, said Steve Camarota, the author of the CIS study.

That’s equal to three years of American births.

The population of Americans aged 16 to 65 also grew by 16 million from 2000 to 2014, Camarota told The Daily Caller.

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Is the GOP Really Serious About Stopping Obama’s Amnesty Plan?

By Genevieve Wood /

Are Senate Republicans caving?

House Republicans successfully passed a bill that funds the Department of Homeland Security, but ensures President Obama’s amnesty, engineered in an executive action in November, won’t be funded.

Senate Republicans have tried three times to bring the bill up for consideration and yes, each time Senate Democrats have filibustered and not allowed the bill to come the floor.

But now Senate Republicans appear to be giving up.

Senate Majority Leader Mitch McConnell said Tuesday, “The next move obviously is up to the House.”

Unfortunately, the only thing “obvious” here is that Senate Republicans don’t appear committed to the fight.

The legislative tactics used by Democrats aren’t exactly surprising.  Did McConnell and team not expect them?  Why haven’t they developed a “Plan B” instead of suggesting the House, which has already passed the bill, should come up with one?

Republicans are, after all, the majority party in the Senate holding 54 seats, which is just six shy of the 60 needed to break the filibuster.

And shouldn’t the pressure be on Democrats, not on House Republicans?

At least seven Senate Democrats have made public statements in the past three months questioning Obama’s executive amnesty actions. Every public opinion poll shows the majority of Americans are opposed to them as well.

Think about this:  By refusing to pass the House DHS funding bill, Democrats are literally taking the position that Social Security cards for illegal immigrants are more important than paychecks for border patrol agents.

Republicans can’t win that fight?  Give me a break.

If the GOP played tougher they might be able to force some Democrats to break ranks.

But instead, McConnell tells us that the Senate is “stuck” and they are wiping their hands of it and tossing the political football back to the House.  That is simply unacceptable.

Conservative voters who put many Republicans in office are rightly expecting more.  Does anyone recall hearing a single Republican candidate running for office last fall saying they would only be willing to fight the good fight against Obama’s executive amnesty actions if they had 60 votes in the Senate?  No one, including those now in Senate leadership, ever expected to have 60 seats and yet they promised time and again they would do battle if given the majority.

The very way Republicans won a majority last fall, by making their case to the American public, is exactly the same strategy they should be taking up now on the DHS bill.  Yet Republicans have allowed this battle to be fought out in the backrooms of Congress – out of sight of all except the most engaged politico.

It’s two weeks before funding runs out for DHS and members of Congress will be at home all of next week for the President’s Day holiday.  With the funding deadline looming and the ability of members to hold town halls and talk to their constituents directly, not through the Washington press corps, what better timing than now to get the public engaged?

McConnell and other GOP leaders should stop holding press events outside their Senate conference rooms and take this battle to the public square.  Obama’s runs around the Constitution are a serious matter and they deserve the most serious of efforts by those we elected to stop him.