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Lawless: Court Rules That Law Enforcement CANNOT Enforce Immigration Laws

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Our laws were written in the most emphatic terms to ensure that those who entered illegally cannot remain in this country undetected. The purpose of those laws was precisely to detect illegal aliens and ensure that they are promptly removed from the country. Yet lower court judges, violating foundational Supreme Court case law, are flipping those laws upside down and are now making it unlawful to detect and deport illegal aliens. The latest Third Circuit Court of Appeals ruling is a great example of why no new laws will solve the problem if the executive branch will passively capitulate to lower courts subverting existing laws. The cycle will just continue.

On Wednesday, the Third Circuit Court of Appeals ruled that two Guatemalan illegal aliens could not be deported based on ICE finding out their unlawful status from a traffic stop initiated by a state trooper. In doing so, the judges not only created a Fourth Amendment right to privacy against detecting one’s illegal immigration status – contrary to years of case law – but also ruled that illegal aliens can’t be deported based on obtaining such information! In other words, when the laws say illegal aliens cannot be shielded from detection (8 U.S. Code §1324), they really mean they cannot be detected.

The two plaintiffs, Erick Geovany Yoc-Us and Luis Calel-Espantzay, are Guatemalan nationals who were sleeping in the back of a van when Pennsylvania state trooper Luke Macke pulled over the vehicle for speeding. There were six other people in the van who turned out to be citizens of Mexico, El Salvador, and Ecuador. Any commonsense police officer seeing that circumstance would have reasonable suspicion that they are in the country illegally.

The trooper smartly asked them for immigration papers or other forms of ID. The trooper called ICE, the people admitted to being here illegally, and they were placed in deportation proceedings. They were ordered deported by an immigration judge, and the ruling was upheld by the Board of Immigration Appeals (BIA), the appellate body of immigration court system.

Open and shut, right? Illegal aliens have no right to remain here and no right to remain undetected. As I’ve noted before, illegal aliens could have some constitutional rights if we want to permanently confine them, but if we merely want to remove them from the country, they have no Fourth Amendment rights against that. In fact, the laws are explicitly designed to ensure they are immediately detected.

Section 1324 prevents officials from shielding from detection, harboring, inducing, encouraging, or transporting illegal aliens and enabling them to remain in the country. The Alien Registration Act (8 U.S. Code §1253) downright requires them to register and carry papers on them.

As Dan Cadman, former ICE agent and fellow at the Center for Immigration Studies, told CR, “The federal alien smuggling-harboring-transporting statute, 8 U.S.C.1324, gives state and local police the authority to enforce its provisions. Using good police work, these officers developed probable cause to believe that one illegal alien was unlawfully transporting the others in violation of that statute. That ICE chose instead only to pursue civil deportation proceedings against all of them does not invalidate the lawful stop and investigatory actions of the Pennsylvania police and should not form a basis to suppress the evidence that flowed from their actions.”

But two of the illegal aliens appealed to the Third Circuit Court of Appeals claiming that their Fourth Amendment rights were violated because, of course, the trooper asked for papers because of their appearance, in their view. Again, such a lawful stop wouldn’t violate the Fourth Amendment even if they turned out to be Americans, but in this case, they were indeed illegal aliens. As Chris Hajec, director of litigation for the Immigration Reform Law Institute, told CR, “This is a deeply absurd decision. Illegal aliens do not have the right to be in this country. So they do not have the right that citizens have to travel around it freely. No police officer is violating the Fourth Amendment by detaining an illegal alien for a reasonable time.”

The aliens claimed they were detained for too long, longer than a normal traffic stop, and had to sit there without air conditioning. But again, they weren’t detained for the purpose of imprisonment, they were detained for the purpose of handing them over to ICE, which is the purpose of our immigration laws. As the Supreme Court said in Turner v. Williams (1904), “detention or temporary confinement as part of the means necessary to give effect to the exclusion or expulsion was held valid.”

Yet Judge Midge Rendell, wife of former Pennsylvania Governor Ed Rendell, went a step further. Not only did she declare the police action a violation of the Fourth Amendment, but she also suggested that it might be subject to the “exclusionary rule,” meaning that evidence obtained through unconstitutional means must be tossed out. “Because petitioners have identified a possible egregious Fourth Amendment violation, we conclude that the [immigration judge] erred in not granting their motion for a hearing to provide them with an opportunity to put forth evidence in support of their claim,” wrote Rendell, joined by another Democrat and a Republican appointee.

To begin with, the exclusionary rule has grown beyond any constitutional parameters over the years. Already in 1980, President Reagan identified it as a lawless practice that needed to be changed. It’s been expanded exponentially since his time. But to apply it to illegal aliens in the context of deportation proceedings is insane. By definition, the laws were designed to ensure that illegal aliens cannot be shielded from detection. It’s not like an American who has the right to be here. Deportation is not criminal punishment and is not subject to those rules.

Incredibly, this same circuit court has now rejected all claims from American citizens in New Jersey being retroactively criminalized for possessing pistol magazines that hold more than 10 rounds, even though they were purchased lawfully. It violates the Second Amendment, the Fifth Amendment’s Takings Clause, and the Art. I Sec. 10 rule barring states from enacting ex post facto laws. Yet Americans have no real rights while the courts create rights for illegal aliens to invade and remain in the country while they are suing law enforcement for enforcing the law.

If nothing is done about judicial supremacy, there won’t be a country left to fight for during the elections. Illegal aliens can sue our law enforcement, but we can’t sue them or protect our own legitimate rights in court. We are strangers in our own country. (For more from the author of “Lawless: Court Rules That Law Enforcement Cannot Enforce Immigration Laws” please click HERE)

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Give Americans the Right to Sue the Pants off Sanctuary Jurisdictions

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Why is it that every single law designed to keep out illegal aliens gets turned on its head and every legal loophole gets magnified and exploited? That is because illegal aliens have tens of thousands of pro bono lawyers to distort the law on their behalf, but the sovereign American citizen has no legal help to enforce the laws that are being ignored or violated. One game-changing idea would be to give certain Americans standing to sue when immigration law is violated.

The current border crisis has its origins in one source: the ability of illegal aliens to sue our state and federal governments for simply enforcing our sovereignty, despite centuries of case law stating they have no standing in our country. Yet whenever Americans harmed by illegal aliens try to get standing to sue against lawlessness that affects their security and the public welfare, they are denied standing. Criminal smugglers can sue our government, yet Kate Steinle’s parents can’t sue San Francisco for harboring the illegal alien who killed their daughter. It’s time to turn the tables.

If the open-borders lobby is going to strip sovereignty from the democratically elected representatives and “pass” its legislation in the courts, then it should die by the courts as well. Illegal aliens are more powerful in the legal world than Americans. But what if we changed that equation? What if we create pressure against local governments that will have to fear lawsuits for not enforcing immigration law and especially for outright thwarting it? What if the federal government could be sued for not enforcing any of the 8 U.S.C. 1182 inadmissibilitiy requirements and letting in health concerns, criminals, public charge risks, and labor-seekers into the country? What if states and localities could be sued for violating 1373 (blocking law enforcement from communicating with ICE) and 1324 (harboring, shielding, and inducing illegal immigration)?

The secret antidote to the open-borders problem is simply to enforce current law. But the only way to do that is to even up the litigation score in this litigious society. Why is it that we barely hear about the daily examples of Americans killed or harmed by illegal aliens? We never hear about the fiscal burden, criminal burden, cultural problems in schools and other community centers. That would all change if there were a private right of action for victims of illegal aliens and other Americans or public officials to sue under the right circumstances. It would create an entire market to seek out whether a specific crime or cost was caused by illegal immigration or a particular illegal immigrant. It would change the narrative back to where it needs to be: protecting the interests of Americans over the aspirations of illegal aliens.

Recently, Sen. Thom Tillis introduced a bill — S. 2059: Justice for Victims of Sanctuary Cities Act of 2019 — advertised as doing just that. Conversions might happen on the road to Damascus, but in politics, conversions tend to present themselves on the road to competitive Republican primaries. Tillis was never one to stand for sovereignty, but he now has a primary challenger who has the ability to self-fund, so he is naturally trying to get on the right side of immigration. Conservatives should welcome this change, if it is actually more than just a press release, and demand that Tillis use his prestige with GOP leadership to actually force a vote on this bill.

However, the bill does need some tweaking. As advertised, it offers a private right of action for victims of illegal aliens who were previously released by sanctuary cities to sue the sanctuary jurisdictions. It also withholds some funding from those same jurisdictions. However, there is a problem with the definition of a sanctuary. “A jurisdiction would not be deemed a ‘sanctuary jurisdiction’ based solely on policies where officials do not share information or comply with detainers for illegal immigrants who come forward as a victim or a witness to a criminal offense,” wrote Tillis in a press release.

This will essentially invite numerous cartel and gang members to invoke the victim or witness exception and have the locals cover for them. There is no reason to put this exception into the bill. By definition, anyone arrested and processed in a jail who is an illegal alien should be turned over to ICE. The entire notion that there is a concern of victims of crime not speaking out for fear of deportation is absurd, because we are not talking about local law enforcement informing on people in their houses and on the streets; we are talking about someone arrested for a crime.

If Tillis were committed to making this bill work beyond a campaign press release, he should reintroduce section 2203(C) of the “Goodlatte bill,” which creates this right to sue sanctuaries without this gaping loophole. Also, the Goodlatte bill authorizes the private cause of action if a jurisdiction releases an illegal alien, in violation of a detainer request, who was arrested for a crime. The Tillis bill limits it to those released after being convicted of a crime. So many criminals are never convicted of crimes but are dangerous nonetheless. Why should an illegal alien who is arrested for assault or robbery but never convicted be allowed to remain in this country? We shouldn’t have to land a conviction on an illegal alien in order to comply with immigration law.

Jessica Vaughan, who monitors sanctuary cities for the Center for Immigration Studies, believes that allowing victims of illegal aliens to sue jurisdictions will be a game-changer:

“I have heard over and over again from sheriffs in very different parts of the country that they want to cooperate with ICE and know that it’s the right thing to do,” said Vaughan, “but they are prevented from doing so by concern that taxpayers will have to foot the bill to fight predatory lawsuits from the ACLU and other anti-enforcement advocacy groups. Some sheriffs have told me that the only reason they don’t cooperate is because the county attorney told them that they were afraid of having to pay out sums of money to people who were mistakenly sought by ICE, or because of rulings by judges in other parts of the country (even if not binding on other regions). Yet these same county officials were not afraid of the public outrage at the release of deportable criminal aliens back to communities to re-offend.”

“Allowing families or individuals who are victimized because of sanctuary policies to sue would definitely change the calculation that some of these jurisdictions are making. They should be doing the right thing for the sake of public safety, but if they end up doing the right thing because of fear of lawsuits, that is a game-changer, because right now the legal deck is stacked in favor of the anti-enforcement side.”

Before American taxpayers are forced to pay for the rope to hang themselves, Republicans should stake this election out on the issue of giving American taxpayers and victims of crime as much standing in court as those invading our border. (For more from the author of “Give Americans the Right to Sue the Pants off Sanctuary Jurisdictions” please click HERE)

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Border Patrol Agents in One Sector Apprehended 225 Border-Crossers in a SINGLE MORNING

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Despite a reported drop in large groups of migrants attempting to illegally cross the U.S. border, immigration authorities apprehended a group of over 200 attempted border-crossers in New Mexico earlier this week.

According to a press release from U.S. Border Patrol El Paso Sector, agents working around the Antelope Wells port of entry in new Mexico apprehend 225 illegal aliens “in the early morning hours of July 30.” The agency said that the those apprehended were mostly “Central American families and unaccompanied juveniles.”

The Border Patrol sector’s statement says that Border Patrol paramedics screened the group for medical conditions and, after determining that “no member of the group required additional attention,” sent everyone in the group to border stations to be processed. Pictures provided to Blaze Media along with the press release show the large group of border-crossers in Border Patrol custody, their faces blurred.

“Even as temperatures rise to dangerous levels, criminal organizations continue to exploit innocent human lives in order to enhance their illicit gains without regard to the risks associated with the hazardous practice,” the press release explains. “In most cases these smugglers never cross the border themselves in order to avoid apprehension.”

This week’s apprehensions come after acting Homeland Security Secretary Kevin McAleenan told Congress that attempted crossings by large groups were on the decline, saying that only four large groups had been apprehended since the Mexican government beefed up its own immigration enforcement earlier in the summer.

Later that month, McAleenan told Fox News: “In July, we have had groups in [the Rio Grand Valley Sector] have over 100, a few of them. But it’s a completely different scenario than May, when we had 28 large groups and up to 1,000 per group. It was a very different and challenging effort.” (For more from the author of “Border Patrol Agents in One Sector Apprehended 225 Border-Crossers in a Single Morning” please click HERE)

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What ‘Travel Ban’? Trump Admin Extends TPS Amnesty for Syrians in Another Missed Opportunity

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The more the rhetoric on immigration and sovereignty heats up on Twitter, the more things stay the same since Obama … or worse.

Following two decades of record immigration from the Middle East without any ability to vet loyalties to America, President Trump campaigned on a moratorium of immigration from countries with a large presence of terrorism. In the end, he only shut it off from Syria, Somalia, Yemen, Iran, and Sudan, and even then, thanks to the administration’s capitulation to the lower courts, it was watered down several times. Yet, the Left still accuses him of an across-the-board ban on Muslim immigration. Beto O’Rourke said as much last night during the Democrat debate.

In reality, not much has changed since Obama. Yesterday, I warned about the abuse of Temporary Protected Status (TPS) and how it has turned into an indefinite amnesty program for people who abused our system, allowing criminals to remain in the country. Well, today, the Trump administration agreed to extend TPS for Syrians, not just for the standard six months, but for 18 months, according to the Washington Post’s Nick Miroff.

In other words, despite the promise to be the first president to finally make Temporary Protected Status, um, temporary, it will now likely remain forever like all the others. It’s already been in place for over seven years, and now that Trump has blinked once – and for such a long extension – it will never be revoked. He did the same with El Salvador, Haiti, Sudan, South Sudan, Somalia, and Yemen.

Thus, out of the few remaining countries left from his original promise of a moratorium, Syria, Somalia, Sudan, and Yemen all have the TPS loophole. What’s next? Is he going to grant TPS to Iran?

Ultimately, the DHS secretary is the one who signs off on this decision, and Kevin McAleenan is clearly not in line with Trump’s campaign promises.

Roughly 7,000 Syrians have been given TPS as of early this year. I’m sure we can rest easy that all of them have been properly vetted and that none of them are like Mustafa Mousab Alowemer, a Syrian refugee who was recently arrested by the FBI for attempting to bomb a church in Pittsburgh.

According to the Congressional Research Service, roughly 417,000 foreign nationals from 10 countries remain here with TPS status. Remember, the longer these people remain in the country under a program that was designed to run no longer than 18 months, the more opportunity they have to adjust their status to a green card. Also, either way, any child born to them is erroneously viewed as an American citizen. Temporary, indeed!

Although Syrian TPS was first offered on March 29, 2012, and should only have applied to those who happened to already be in the country at that date, DHS allowed people to come here all the way up to August 2016 – four years after the designation – to take advantage of it.

This comes as hundreds of thousands of patently illegal DACA amnesty work permits have been renewed under this administration. Even the crazy judge who interfered in the process made it clear that Trump could end it if he issued a proper regulatory change through the Administrative Procedure Act process.

Plus, the administration continues granting over 750,000 of work permits to nearly every illegal alien who comes to our border, even though this policy, much like TPS, is only discretionary even for legitimate asylum applicants.

And we are refusing to close the border to a single country, even to nationals of Ebola-ridden Congo, as a third world country like Rwanda is smart enough to do so.

As if that weren’t enough, Trump is signing what is at least the twelfth budget bill of his presidency that doesn’t have the promised border wall and ICE funding, but spends us into oblivion on everything Democrats want.

“Conservative” “figures,” as they remain obsessed with focusing on internal Democrat politics, are missing the point. The president has some good instincts and wants some of the changes he promised. But his administration is full of swamp creatures with the status quo mindset, and certainly nobody in congressional leadership will pull him to the Right. The gravitational pull in Washington is only to the Left. Absent a firestorm from the notorious conservatives on Fox or on radio, the president will inevitably, however reluctantly, maintain swamp creatures like Kevin McAleenan and sign off on the same liberal policies.

The swamp will not be drained on its own. As conservatives in public policy, we are our best advocates – we are our only advocates. The president will hear 101 absurd arguments from the lawyers at the DHS, the DOJ, and in the Office of Legal Counsel about how everything the Left wants is legal and everything we call for is unlawful or unfeasible. This happens every day. There are a few brave souls in the administration who try to push our agenda, but rather than getting air cover from outside “conservative movement” figures respected by the president, the guns lie silent and the swamp machine overwhelms their ragtag forces.

Thus, we do the president no favors by standing down precisely when we need to stand up and be counted. He will follow if conservatives lead, but he will not lead the fight if conservatives are focused on everything but what they can actually influence.

Conservative commentators are focused on the election, even though it’s still just the Democrat primary. But why do we care about elections? Well, presumably, we care because of the policy outcomes achieved by those elections. There is still another year and a half with Republican control of the entire executive branch, where these figures have the opportunity to influence numerous important decisions every day. Let’s live in the here and now.

Moreover, what of the next election and the subsequent four years? If we are now content with Republican presidents gratuitously continuing liberal policies that can be countermanded by simple administrative actions, then the Democrats have already won. There is no greater victory for them than having their policies secured, irrespective of the outcome at the ballot box in November. (For more from the author of “What ‘Travel Ban’? Trump Admin Extends TPS Amnesty for Syrians in Another Missed Opportunity” please click HERE)

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Illegal Alien, Wrongly Given Temporary Amnesty, Arrested for Molesting Minor

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Another child was allegedly sexually assaulted multiple times by a Central American illegal alien who should have been deported, had our laws been properly implemented.

Yesterday, Customs and Border Protection announced that the U.S. Marshals’ Fugitive Task Force, working with a local Border Patrol agent, arrested an illegal alien from El Salvador in Baton Rouge, Louisiana, on three counts of first-degree rape against a child between 2014 and 2016.

While every illegal alien crime, by definition, is avoidable if we had the proper border and interior enforcement in place, this case has an extra wrinkle to it. Andres Fuentes-Castro, 44, according to CBP, was encountered by U.S. Border Patrol-New Orleans Sector agents in 2007 during a traffic stop in Baton Rouge. He would have been deported and this alleged sexual assault would never have occurred, but Border Patrol found he was given Temporary Protected Status (TPS) as a Salvadoran national under the El Salvador TPS program. His status later expired in 2010 and was not renewed, rendering him a fugitive alien for nine years for not departing the country.

If our laws were functioning the way Congress designed them, Fuentes-Castro would have been deported in 2007. TPS was not designed to be an amnesty program for illegal aliens; it was designed as a sixth-month temporary stay for those who are here legally but can’t return home because of an intervening natural disaster.

El Salvador was granted that status in 2001 because of an earthquake. That status, pursuant to law, should have been terminated within six months or at most after 18 months of extensions under “extraordinary circumstances” (clearly lacking here). It should have applied only to very few people who happened to be in the country traveling during the earthquake. But instead, it was handed out to over 200,000 Salvadorans, far more than any other TPS-designated country, and is still being used 18 years later!

Why? Because it has been handed out to illegal aliens in the country, a complete debasement of the 1990 law Congress passed. The reason why El Salvador has the most TPS recipients is not because there happened to be 200,000 Salvadorans traveling on tourist visas visiting Disney World on January 13, 2001, when the earthquake struck. It is because that is the TPS-designated country with the most illegal aliens.

In 2007, Fuentes-Castro should never have had this status as an illegal alien, certainly not six years after the earthquake. But a number of criminals and particularly MS-13 members (who largely come from El Salvador) have been allowed to remain in the country against statute and commit countless avoidable crimes. Previous administrations violated the plain letter of the law. President Trump vowed to change this, and indeed ended TPS for certain countries, but has continued it for El Salvador at the behest of an extraordinarily lawless court ruling that defies multiple statutes, including one stripping the courts of jurisdiction over the issue.

Rather than clamping down on TPS abuse, Republicans and Democrats in Congress as well as some in the administration are seeking to expand this policy to Venezuela at a time when illegal immigration is increasing from there.

Also in Louisiana, on the same day, Louisiana Attorney General Jeff Landry announced that another illegal alien was arrested on child sex charges. ICE has placed a detainer on Tomas Gabriel Chox-Lopez, who was caught in a child porn sting by state and federal law enforcement and charged with seven counts of possessing pornography involving juveniles under the age of 13.

Earlier this year, Miguel Martinez, an illegal alien who had previously been deported in 2005, was arrested in Louisiana on 100 counts of possession of pornography involving juveniles under the age of 13 years old, one count of production under the age of 13, and one count of sexual battery of a juvenile under the age of 13.

Often, illegal aliens remain in this country and are not deported after their first interaction with law enforcement because of sanctuary cities. In the case of Andres Fuentes-Castro, it was because of lawless federal executive policies that are against statute. Enforcing existing laws would go a long way in preventing rampant horrible crimes like this. Is it too much to ask that we not import other countries’ child molesters? (For more from the author of “Illegal Alien, Wrongly Given Temporary Amnesty, Arrested for Molesting Minor” please click HERE)

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Senator Reveals Heinous Criminals Released via ‘Catch-And-Release’ at Border

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The Department of Homeland Security treats the expanded “Flores” decree like God’s word, releasing any illegal alien who crosses the border with a child, even if border personnel can’t confirm identities, criminal records, or whether they are threats Americans or to the children they’re using as golden tickets.

Senator James Lankford, R-Okla., announced at yesterday’s Senate Homeland Security and Governmental Affairs Committee hearing that border agents told him, on his recent trip to the border, that they found in two separate incidents that an alleged murderer and a convicted pedophile had each been released with a kid as part of the expanded Flores catch-and-release deadline of 20 days.

In one case, “they released an adult with a child and then found out two weeks later that that adult had a murder warrant in their home country, and they just released him into the country, and they could do nothing about it.” In another case, “they had released an adult traveling with a child and then found out after they were released when they got their criminal records in from home country that, that was a convicted pedophile from that country now traveling with a child somewhere in our country, and because we couldn’t detain them for longer than 20 days and we couldn’t get those criminal records, they’re released in the country, and they’re traveling with a child.”

When Lankford asked acting Customs and Border Protection (CBP) Commissioner Mark Morgan whether border personnel were able to verify criminal status within the arbitrary 20-day deadline by the courts, he answered, “Not efficiently.”

The reality is that these people are coming straight out of rural Central America and countries with extremely unreliable data. All they have to do is give a name and they are home free, thanks to a court order that defies the 1996 immigration law passed unanimously by the Senate stating that these people “shall be detained.”

Thus, the threat of those coming in as “runners” and “gotaways” while Border Patrol is strategically tied down by the cartels with the family units is obvious. All of those with massive criminal records who were previously deported now have a freer lane than ever to come right back in.

But it’s even more disquieting that would-be criminal migrants are so emboldened by the notion that we will give amnesty to anyone with a kid that a number of those coming with family units are criminals. Every day, I see stories from CBP on how they caught criminals, particularly those convicted of child sex crimes, coming in openly with groups surrendering to agents.

Just yesterday, for example, Border Patrol arrested a previously deported Guatemalan who had been “convicted of Lewd or Lascivious Conduct and Failure to register as a Sex Offender on July 31, 2015, in Jacksonville, Florida.” According to Border Patrol in Tucson, the alien convict, 52-year-old Pedro Nolasco-Garcia, was traveling “with” a group of 16 women and children who surrendered to agents.

I asked a border agent why someone would be so dumb as to come in knowing that CBP will discover his record. He told me that he is forced to release criminals or people whose status could not be verified all the time because of the rush to release anyone who comes with a child. “The entire focus is on treatment of the children, to the detriment of not only America’s security, but these children as well,” said the agent, who patrols the hardest-hit areas of the Rio Grande Valley. The agent in Texas, who is on an evidence collection team and administers fingerprints, told CR that they are catching many adult males who come with one child (not an entire family fleeing persecution) who think that despite their criminal record, they will benefit from catch-and-release.

“And they are not entirely wrong,” said the veteran agent, who must remain anonymous because he is not authorized to speak to the media.

“In every single group, almost without fail, there is someone with a criminal record, typically males with single kids,” the agent said. “There is a wide misconception about the majority of these people being females. They are overwhelmingly male. While we try to prioritize referrals for prosecution based on criminal history, we only have so many computers we can utilize and so many staff members.”

When I asked him if that means there are those with confirmed criminal records, even with convictions in the U.S., who have been released, he said, “Absolutely. … They are given a notice to appear in court like anyone else.”

According to Department of Homeland Security investigators, in a letter from DHS to a member of the House Oversight Committee obtained by CR, there were enough criminal convictions (just from their previous time in the U.S.) among the January 2019 caravan members to account for roughly one quarter of the entire group! Homeland Security Investigations identified a total of 860 people with U.S. criminal convictions among the 3,345 people who left Honduras, including “22 individuals convicted of assault or aggravated assault with a deadly weapon, 27 individuals convicted of sexual offenses.” They also identified 47 gang members.

“So many of those coming here now have no records in the NCIC and are from countries that don’t share information with us,” said the agent I spoke to. “We literally have no idea who they are before we release them. They just give us a random name and birthdate and we have no way of verifying it.”

Why is the federal government giving foreign nationals a right to invade with such a dangerous scam of using children when the law actually says the opposite? Nothing in the Constitution can ever compel such carnage, but this policy emanated from a single California judge expanding the original settlement, which a Texas judge agreed doesn’t apply to cartel smuggling. And consider that 97.7 percent of family units are not even coming through California. Most are entering in Texas!

Also, consider the fact that well over 208,000 aliens have been released since Dec. 21, and we have no idea who they are. Thankfully, Border Patrol catches murderers, sex offenders, and gang members every day. But if those are the fish that are caught, one can imagine how many are in that pond and how few we catch when the net is so small and thin. (For more from the author of “Senator Reveals Heinous Criminals Released via ‘Catch-And-Release’ at Border” please click HERE)

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Child Taken into Custody from Border-Crosser After DNA Test Reveals They’re Not Related

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U.S. immigration authorities say they have safely brought a child into custody after a DNA proved that he was brought to the border by someone not related to him.

In an Instagram post published Tuesday night, Customs and Border Protection (CBP) showed a picture of a Border Patrol agent holding a small child at a border facility in Texas earlier this month.

“On July 17, McAllen USBP agents encountered a group of 12 people comprised of family units and unaccompanied children who turned themselves in,” the post explains. “Record checks revealed an individual traveling with his alleged son had 2 previous immigration arrests in El Paso Sector just in the past month. Given the recent apprehensions and the age of the child, Agents requested the assistance of [Homeland Security Investigations] to administer a rapid DNA test.”

“The test revealed there is no parent-child relationship,” CBP concluded. “The man admitted he was not the child’s father, but knew the mother and had permission to the take the child. The man admitted that it is common knowledge in Honduras that if you bring a child, you will be released.”

View this post on Instagram

A Border Patrol agent holds a migrant child at the Central Processing Facility in Donna, TX. Behind the photo: On July 17, McAllen USBP agents encountered a group of 12 people comprised of family units and unaccompanied children who turned themselves in. Record checks revealed an individual traveling with his alleged son had 2 previous immigration arrests in El Paso Sector just in the past month. Given the recent apprehensions and the age of the child, Agents requested the assistance of HSI to administer a rapid DNA test. The test revealed there is no parent-child relationship. The man admitted he was not the child’s father, but knew the mother and had permission to the take the child. The man admitted that it is common knowledge in Honduras that if you bring a child, you will be released.

A post shared by US Customs & Border Protection (@customsborder) on

This is far from an isolated incident. When the Department of Homeland Security started rapid DNA tests at the border in May, one official claimed that the pilot program found that 30 percent of tested “family units” turned out to be fake. In June, DNA tests turned up 24 false parental claims in just a few days, according to acting Homeland Security Secretary Kevin McAleenan. Rapid DNA tests even exposed a false parenthood claim of a six-month-old baby in May.

“Our goal with rapid DNA testing remains twofold,” said ICE Homeland Security Investigations Executive Associate Director Derek Benner in a statement last month. “First, to protect children from being smuggled across the border by ensuring they are with their parents and not being used as pawns by individuals attempting to exploit immigration loopholes. Second, to identify and stop the criminal organizations that are generating false documents and supporting child smuggling.”

The crisis at America’s southern border drags on, with the Rio Grande Valley sector setting an all-time annual record for border apprehensions. (For more from the author of “Child Taken into Custody from Border-Crosser After Dna Test Reveals They’re Not Related” please click HERE)

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True: Free Health Care for Illegal Aliens Would Increase Illegal Immigration

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Montana Governor Steve Bullock pushed back against Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA), and others who supported free health care for illegal aliens, saying that doing so would create additional incentives for people to cross the border illegally.

Bullock said: “The discussion … shows how often these debates are detached from people’s lives. We got a hundred thousand people showing up at the border right now. If we decriminalize entry, if we give health care to everyone, we’ll have multiples of that. Don’t take my word — that was President Obama’s homeland security secretary that said that.”

Indeed, former Department of Homeland Security Secretary Jeh Johnson did say that — at least on the topic of decriminalization, as the Washington Post noted earlier this month:

That is tantamount to declaring publicly that we have open borders,” said Jeh Johnson, who ran the Department of Homeland Security during President Barack Obama’s second term. “That is unworkable, unwise and does not have the support of a majority of American people or the Congress, and if we had such a policy, instead of 100,000 apprehensions a month, it will be multiples of that.”

After Bullock, Rep. Tim Ryan added: “If you want to come into the country, you should at least ring the doorbell. … Everyone else in America is paying for their health care. I don’t think it is a stretch for us to ask undocumented people in the country to also pay for health care.” (Read more from “True: Free Health Care for Illegal Aliens Would Increase Illegal Immigration” HERE)

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Rio Grande Valley Passes 300K Apprehensions, Sets Annual Border Record

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With two months still left in this fiscal year, the Rio Grande Valley (RGV) border sector has already set an all-time annual record for apprehensions at the border. According to a source in Border Patrol, this week, the total apprehensions in the RGV passed 301,000. That is an all-time record for this sector since Border Patrol began collecting records. The previous record was in 2014 during the first Central American migration, mainly of unaccompanied minors. 256K were apprehended in 2014 and 244k in 1997, the previous records for this sector.

Where is Congress? On vacation.

Earlier today, Rep. Chip Roy tweeted out this fact:

Why is Roy the only Texas official who actually feels a sense of urgency with record illegal immigration pouring into his state? Where are the state’s two senators? Why are they not holding up the budget deal for a better agreement on border wall funding and ICE detention and removal funding?

The RGV sector’s border comprises 320 miles of river bends and labyrinths that are hard to patrol yet has the fewest miles of fencing of any busy border sector. Republicans and the president agreed to a budget bill in February that barred construction of the border wall in the most important areas.

In June, roughly 1,500 illegal aliens were apprehended every day in this sector. However, because of the mandates being placed on the agents dealing with the sensitive job of caring for thousands of children, they are tied down and barely patrolling the line. There are only about 10 agents per 60 miles in parts of the RGV. So how many drug smugglers, gang members, and previously deported criminals are getting in as a result of this flow, which is more consuming than the waves during the 1990s and early 2000s?

There is more manpower and technology than ever before, but thanks to executive and judicial policies not to hold the line and turn people back but rather process and release them, the border funding is not going toward deterrent. The funding is all going toward caring for illegal aliens, which further drains resources away from patrolling.

I asked one veteran RGV agent what he thought of the 301K apprehensions and whether the numbers dropped at all in July. “What’s happening now is that we have no manpower dealing with the seams in the border while we are processing all the family units,” lamented the senior agent, who must remain anonymous because he is not authorized to speak to the media on this point. “So yes, the numbers have gone down since the peak in May, but we literally have minimal idea who is getting past us. That is likely a partial factor in the dropping numbers. As more perceive that they won’t be able to get asylum any more, more are likely resorting to running from us rather than surrendering. But because we still do have plenty of family units to process, we still have less manpower to deal with the runners.”

Every day, Border Patrol counts hundreds of “gotaways” just at one station in the RGV based on the sensors, cameras, and footprints.

The purpose of the Border Patrol was very clearly spelled out in the Labor Appropriation Act of 1924: “Preventing the unlawful entry” of mainly Chinese nationals and deporting anyone who was caught. The Department of Labor was given funding for “the operation of horse and motor vehicles.” It was all for deportation. Nothing more, nothing less. But our agents are being used for babysitting duty.

Despite the deal announced with Guatemala to send asylum-seekers back south, no new guidance appears to be in place on the ground. Acting DHS Secretary Kevin McAleenan said that the deal would be completed sometime in August. It remains to be seen whether migrants will actually be turned back at the border or whether the processing will continue. If it is the latter, the agents will continue to be stretched thin, and we won’t even know who comes into our country. (For more from the author of “Rio Grande Valley Passes 300K Apprehensions, Sets Annual Border Record” please click HERE)

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Angel Moms to Alyssa Milano: Why Don’t You ‘Fight for American Children Raped by Illegal Aliens in Our Country’

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Angel Moms Mary Ann Mendoza and Sabine Durden are calling out actress Alyssa Milano over her tearful rant in which she said Border Patrol agents are “destroying” children’s lives by enforcing immigration laws.

Last week, Alyssa Milano broke down on camera after watching footage of a child at the U.S.-Mexico border being reunited with the adult she came to the country with, as Breitbart News reported. . .

“We can’t let this be the new normal,” she continued. “Besides what this country was founded on — this is not innately who we are as human beings. We’ve gotta take inventory of this, of what’s happening, and the humanitarian crisis at the border. We gotta do something. We can’t ignore what’s happening. We can’t allow it to continue.”

Mendoza — who lost her son, 32-year-old police officer son Brandon Mendoza, when he was killed by a drunk illegal alien who was driving the wrong way down a highway in Mesa, Arizona in May 2014 — told Breitbart News in an exclusive statement that Milano has never shed a tear for the children trafficked across the southern border by human smugglers or the American children hurt by illegal immigration. . .

“You can’t be concerned for a handful being separated for a short time as things are sorted out and not be concerned for the sexually abused, recycled children flooding our borders arriving with men and women with ill intentions,” Mendoza continued. “Alyssa is a hypocrite and is doing this to further incite hate towards our President. If she is truly concerned about the children, fight for the American children being raped by illegal aliens in our country. Put your boots on and leave your home and go work at the borders with our Border Patrol agents for a week. (Read more from “Angel Moms to Alyssa Milano: Why Don’t You ‘Fight for American Children Raped by Illegal Aliens in Our Country’” HERE)

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