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Illegal Immigration on the Rise from Venezuela

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Today, House Democrats are voting on H.R. 549 – the Venezuela TPS Act of 2019. This bill will extend Temporary Protected Status for Venezuelan nationals and shield them from deportation. It could not come at a worse time and is akin to dousing a growing fire with lighter fluid.

Illegal immigration has surged over the past year, primarily from Guatemala, Honduras, and El Salvador. But in recent months, there has been a rise in migration from many other countries both in our hemisphere and from the Eastern Hemisphere. One of the latest trends that should sound alarms throughout the Trump administration is the weekly increase in numbers from Venezuela.

While the DHS does not provide monthly data of border apprehensions for countries other than Mexico and Central America’s northern triangle, CR has obtained weekly data from Texas’ Department of Public Safety used internally by Customs and Border Protection (CBP). The numbers show that apprehensions just in Texas of Venezuelan nationals have increased from a trickle every week for the past few months, culminating with a spike of almost double the previous week in last week’s report.

According to the data, which was given to CR by a Border Patrol agent who must remain anonymous because he is not authorized to speak to the press, 189 Venezuelans were caught at the Texas border July 10-July 17, compared to 99 the previous week. The week before that, 47 Venezuelans were apprehended. That is roughly the level of weekly Venezuelan apprehensions throughout June. In May, it hovered around 20, and before that it was 0-5 per week.

This is a very disturbing trend, according to Joseph Humire, expert on Venezuelan affairs.

“Since the mass exodus from Venezuela began in 2014, there are more than 4 million Venezuelans living abroad,” warned Humire, who heads the Center for a Secure Free Society. “A recent Organization of American States (OAS) report warned that by the end of 2020 the number of Venezuelan refugees/migrants can more than double and as many as 8.2 million Venezuelans could have left the country. This would make Venezuela the largest refugee crisis in the world, overtaking Syria.”

Humire notes that while “until now, most of those that fled Venezuela by foot traveled through South America, going as far south as Argentina, it appears that now they are heading north.”

In other words, if this isn’t stopped in its infancy, we could be facing something much larger than even the Central American migration over the next few years. “If the current projections stay the same, and the migrants from Venezuela moving from South to Central America connect with the tens of thousands of undocumented migrants from Central America to the U.S. southwest border, we could see our illegal immigration problem on our border literally triple overnight,” warns Humire.

Humire further warns that Venezuelan migration poses an entirely new national security threat, given that its dictator, Nicolas Maduro, is a client of Iran and Iran is locked in a tense conflict with America.

“While this is taking place, Iran is quietly but overtly increasing its presence in Latin America. As tensions rise in the Middle East over Iran’s aggression in the Strait of Hormuz, Iranian Foreign Minister Mohammad Javad Zarif is in Venezuela, Nicaragua, and Bolivia these past few days to ensure Latin America remains an option in case conflict erupts. … You can be sure that ‘mass migration’ is a phenomenon that Iran is examining to weaponize against the United States.”

Venezuela is Hezbollah’s main base of operations in South America. Hezbollah has direct ties to the country’s former vice president, who is of Syrian descent and still a top minister, and there are hundreds of thousands of Lebanese and Syrian expatriates living there who are native Spanish speakers.

On top of the national security concerns, Venezuela also poses a public health risk. While there are serious concerns over people carrying contagious diseases from many of the countries from which we are seeing migrants, Venezuela’s entire health infrastructure has broken down. The CDC warns against all non-essential travel to Venezuela over concerns of measles, diphtheria, and malaria. It also warns about the re-emergence of polio as a result of “a conflux of plummeting vaccination coverages and ongoing outbreaks of other vaccine-preventable diseases,” together with “the weakening of surveillance programs, forced migrations, and a prolonged political, economic, and food crisis without foreseeable resolution.”

There are also serious concerns about Ebola and measles from some African countries. According to Border Patrol, over 1,100 Africans from 19 countries have been apprehended since May 30. Last week, the World Health Organization declared the Congo Ebola outbreak a global health emergency after more than 2,500 people have been diagnosed with the deadly virus.

Why our government hasn’t officially declared a shutoff and travel ban to and from these countries remains a mystery. Our existing laws should make Venezuelan nationals inadmissible until they can document vaccination history. Asylum does not trump the medically inadmissible statutes of 8 U.S.C. 1182.

When pondering the latest news of migrants ticking up from a failed state with health concerns that happens to be heavily influenced by Iran and Hezbollah, consider the ominous warning El Paso’s DEA chief delivered in an interview with CR in May. “Let’s just put it this way, the cartels are an international organization. It’s a real threat, it’s a prevalent threat, and they do have their associations with groups like Hezbollah, with Afghans, and with radical terrorist organizations,” warned Kyle Williamson, special agent in charge of El Paso’s DEA office, who also served in the DEA’s offices in the Middle East, overseeing narco-terrorism enforcement. “What that does is effectively move those borders right up to the United States. Those cartels link the borders. Just like they use their resources, their technology, their criminal enterprise to conduct criminal activities, they can use those resources to assist terrorists as well.”

Last year, Iranian President Hassan Rouhani passive-aggressively warned that the West will be flooded with “a deluge of drugs, asylum seekers, bombs and terrorism.” There’s no better way for Iran to carry out these threats than through its Venezuelan proxy, especially when it can add biological warfare, through health risks, to its asymmetrical warfare. Nor have the Iranians ever been more desperate to pull that trigger against us. (For more from the author of “Illegal Immigration on the Rise from Venezuela” please click HERE)

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Mexican Officials Bust ‘Massive’ Migrant Smuggling Ring

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Authorities in Mexico announced Monday the discovery of an “industrial-scale migrant smuggling ring” that transported hundreds of migrants in disguised freight trucks.

Mexican President Andres Manuel Lopez Obrador described how one tractor-trailer truck was disguised with the logo of a major grocery store chain. But instead of groceries, the truck was carrying about 150 migrants, the Associated Press reports.

’The (grocery) company has filed a complaint, because it was fake, it was camouflage to transport migrants,” Lopez Obrador said.

Last month, Mexico found five trucks carrying 925 migrants disguised with the logos of major companies to avoid detection. The migrants were reportedly transported in inhumane conditions, as air conditioning units installed on the tractor-trailers were not used to provide ventilation to the people being smuggled.

“The biggest concern is that there is going to be a tragedy, that is what we don’t want,” said Lopez Obrador.

This discovery reinforces the point that’s often left out when pundits discuss the border crisis: There are vast criminal networks working to illegally smuggle human beings from Central America to the United States. As long as the border remains unsecured, these criminal networks have an incentive to continue their illegal activity. The worst harm is done to the migrants themselves, who are subjected to dangerous conditions or worse.

While the Left continues to accuse the Trump administration of operating concentration camps, remember that the real human rights abusers are the criminals abusing these people and trafficking them to the United States. And the way to stop them is to enforce United States law. (For more from the author of “Mexican Officials Bust ‘Massive’ Migrant Smuggling Ring” please click HERE)

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Top Democratic Group Admits Trump Is Winning the Immigration Argument

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Last week, a poll showed that President Trump’s instincts on the border crisis are right and his policies enforcing the rule of law on the border are resonating with the American people in a way the Democrats and the media refuse to acknowledge. This week, a top left-wing think tank has broken party ranks to acknowledge Trump is winning the immigration issue with his messaging.

A new report from the Center for American Progress warns that the Left has “ceded powerful rhetorical ground” on the “rule of law” to President Trump, allowing the Republicans to create what it calls “the false dichotomy of America as either a nation of immigrants or a nation of laws.” In other words, by accusing the Trump administration of running concentration camps, by lying about the conditions in ICE detention facilities, by calling for ICE to be abolished, by voting against emergency border security funding, by offering free health care to illegal immigrants, by defending MS-13 thugs, and by denying that there is even a crisis at the border, Democrats have given Americans the impression that they don’t care about the rule of law.

The report’s answer to this problem calls on Democrats to introduce plans for immigration reform, and of course the policies advocated for would functionally make illegal immigration legal. The policies called for include lifting caps on immigration, admitting more refugees, reducing deportations, and granting amnesty and citizenship to more than 10.5 million illegal immigrants. Democrats can’t be accused of neglecting the rule of law if they change the law to embrace open borders, after all.

Fortunately, Democrats are not in a position to act on those policies. But the takeaway from this report is Trump, the Republicans, and every American interested in national sovereignty and secure borders have the rhetorical edge on the immigration issue. It turns out Americans want American law enforced! Embrace that. Have the Senate cancel the August recess and hold marathon hearings on the border crisis to show the American people there is only one party willing to end the human suffering caused by illegal immigration by enforcing the law.

If you want to win, attack where your opponent is weak. Democrats have fully taken the side of illegal immigrants on this issue, leaving lawful immigrants and the rest of America forgotten. Press the advantage! Win! (For more from the author of “Top Democratic Group Admits Trump Is Winning the Immigration Argument” please click HERE)

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After 23 Years, the Trump Administration Is Implementing Key Immigration Law

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The order of deportation is not a punishment for crime. It is not a ‘banishment,’ in the sense in which that word is often applied to the expulsion of a citizen from his country by way of punishment. It is but a method of enforcing the return to his own country of an alien who has not complied with the conditions upon the performance of which the government of the nation, acting within its constitutional authority and through the proper departments, has determined that his continuing to reside here shall depend. He has not, therefore, been deprived of life, liberty, or property without due process or law, and the provisions of the Constitution securing the right of trial by jury and prohibiting unreasonable searches and seizures and cruel and unusual punishments have no application.” ~Fong Yue Ting v. United States, 1893

It’s better late than never. Twenty-three years after Congress nearly unanimously passed the toughest sovereignty law ever, the Trump administration is looking into finally implementing it. No new laws are needed.

How is it that, in 1954, President Eisenhower directly and indirectly removed over one million illegal aliens in just a few months without any lawfare, yet now every deportation gets litigated?

In 1996, after the number of illegal aliens in the country became intolerable (following the failed 1986 amnesty), there was a bipartisan consensus in Congress that we couldn’t adjudicate ourselves out of an invasion. Unlike in criminal cases, illegal aliens are not entitled to any due process to remain in the country if all we want to do is deport them rather than criminally prosecute them. Therefore Congress passed a law mandating that all illegal aliens be deported without any review by an immigration judge unless the illegal immigrant can prove to the “satisfaction of an immigration officer” that he has resided here for two consecutive years (8 CFR § 235.3(b)(1)(ii)).

As I noted before, the Clinton and Bush administrations never implemented the law. They only authorized expedited removal for those caught within two weeks of infiltration and only within 100 miles of the border. And even then, it was practically only used in a small percentage of cases. Millions of illegal aliens have been accorded a degree of due process explicitly denied by a consensus of Congress. The Trump administration is now looking into implementing the full extent of the law – anywhere in the U.S. within two years of entry.

The law requires the DHS to publish an official notice in the Federal Register for such a change. It has already filed notice to do so. The key point is that Trump is not inventing anything new; he is merely implementing the law that his predecessors ignored.

This decision, which I called for in April, will have a dramatic effect on protecting the American people both at the border and in the interior.

At the border, anyone not claiming asylum would be immediately deported. Even those claiming asylum, as I noted in April, can be immediately rejected by DHS if their claims are bogus, and they can be placed right back into expedited removal without the need for the cumbersome immigration court process.

This decision is also very important for many of the illegal aliens who remain in the country. Many of the illegal aliens who have come under this latest wave from Central American will soon pass the two-year limit of expedited removal. The difference between getting them out now vs. going through the process of an immigration court is the difference between night and day. Because the courts are so backlogged, they often release these flight risks on bond. Many of them, including criminal aliens, break their terms of bail, but wind up remaining in the country indefinitely. This is how there are over one million illegal aliens with final deportation orders and another 1.4 million with deportation orders that are still being appealed.

Drawing a line today and finally implementing expedited removal on the front end will preclude this endless lawfare and the ability of the immigration law profession to find infinite excuses for dangerous aliens to remain in the country. There is no reason anyone should be entitled to such due process when we merely want to preserve our sovereignty and aren’t trying to imprison them. But thanks to lawfare, people like Miguel Angel Martinez-Menjivar, a Salvadoran national charged with raping a 14-year-old girl in Maryland and breaking into her bedroom window, is now out on bond from ICE’s custody. Were we to immediately deport anyone who can’t demonstrate his residence here for two years, it would preclude a huge amount of this needless public safety problem.

On Friday, acting USCIS Director Ken Cuccinelli announced that several of the illegal aliens caught in last week’s mass MS-13 indictment were either ordered removed or were applying for various statuses. They were allowed to remain in the country to commit such heinous crimes because we allowed the lawfare train to get rolling rather than complete their expedited removal.

How strong is expedited removal in terms of removing the officious courts from the process? As the Congressional Research Service says regarding the lack of judicial jurisdiction, “The jurisdictional bar applies to claims that an immigration officer improperly placed an alien in expedited removal proceedings; challenges to an immigration officer’s credible fear determination; arguments challenging the procedures and policies implemented by DHS to expedite removal; and claims contesting the expedited removal order itself.”

In other words, Congress already gave DHS all the tools it needs to stop this at the front end.

Watch for the Left to howl, whine, and name-call over this decision. But guess what? This law passed the Senate unanimously by voice vote in 1996 and was signed by President Bill Clinton. The final conference bill passed the House 370-37. Nancy Pelosi, Chuck Schumer, Dick Durbin, Steny Hoyer, and James Clyburn, Democrat leaders who were all in the House at the time, voted for the bill. Even Nancy Pelosi, who was radicalized earlier than the others, still said on March 21, 1996, “I agree with my colleagues that we must curb illegal immigration responsibly and effectively.”

Dianne Feinstein, Patrick Leahy, and Patty Murray actually voted for the original Senate bill, which was much stronger before it was gutted in conference. Even the stronger bill passed with 72 votes in the Senate.

Two decades later, the Trump administration is finally implementing a universal promise to the American people. There can be no complaints. (For more from the author of “After 23 Years, the Trump Administration Is Implementing Key Immigration Law” please click HERE)

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Twitter Suspends Angel Mom Over Comment About Illegal Aliens

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Angel Mom Mary Ann Mendoza, who heads the Angel Families organization, has been suspended from Twitter after posting about illegal immigration and raising awareness about the harms of sanctuary city policies.

Angel Mom Mendoza’s son, 32-year-old police officer Brandon Mendoza, was killed in May 2014 by a drunk illegal alien who was driving the wrong way down a highway in Mesa, Arizona.

This week, Mendoza was suspended from her Twitter account and told she would not be able to sign back in unless she deletes a series of posts about crimes committed by illegal aliens and the impact of sanctuary city policies on American citizens.

Mendoza told Breitbart News that Twitter sent her a message claiming that some of her posts “go against” Twitter’s “standards on hate speech.” In order to sign back into her account, Mendoza said, Twitter has mandated that she delete the posts — something she said she will not do. . .

“I will not be silenced in my warning calls of what could happen to any American citizen in the blink of an eye as it did to me,” Mendoza said. “As an American citizen whose beautiful son was collateral damage to the ineptness if our elected officials, I will continue to bring my words to them in whatever platform I can. They owe it to me and every other Angel Family to have a hearing for our voices. Their fellow American citizens and our loved ones killed by their inactions. My voice is my son’s voice, never to be silenced by anyone.” (Read more from “Twitter Suspends Angel Mom Over Comment About Illegal Aliens” HERE)

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Report Reveals the Reality of ‘Family Separation’ Under Trump Administration

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By Daily Wire. As Democrats and their media supporters continue to claim that the Trump administration is putting “kids in cages” — despite no such outrage when President Barack Obama did the same — a new report finds that the administration has reunited nearly all of the children separated at the border.

The report, from Republicans on the House Oversight and Government Reform Committee, looked at data produced by the Trump administration’s Department of Health and Human Services and found that 95% of children who had been discharged from HHS custody had been “reunified with an individual sponsor or released to a parent.”

The data provided had identified 2,648 children who were believed to have been separated at the southern border. The committee only had data from HHS on 1,619 of those children, but found that 99% had been discharged from HHS custody.

“Of the 1,603 discharged children, 1,546 children—or 95 percent—were either reunified with an individual sponsor or released to a parent. Specifically, 1,061 children were released to a parent and 485 children were reunified with an individual sponsor,” the report found.

The remaining 73 children who were discharged but not reunited have also been accounted for. Sixteen are being cared for by HHS’s Office of Refugee Resettlement (which determined four of the 16 hadn’t been separated from a parent), 21 had sought a voluntary departure and went back to his or her home country, 20 turned 18 while in custody and could no longer be held by ORR, eight were sent to another migrant program, six went to a DHS family shelter, one was granted immigration relief, and that last child was a runaway. (Read more from “Report Reveals the Reality of ‘Family Separation’ Under Trump Administration” HERE)

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Homeland Security chief: Family border separations are down

By AP News. A top Trump administration official said Thursday the number of family separations at the border has fallen since last summer’s zero tolerance policy, and they are done only for compelling reasons.

Acting Homeland Security Secretary Kevin McAleenan said fewer than 1,000 children have been separated from families out of 450,000 family groups that have crossed the border since October. He said they are separated because of health and safety concerns, among other reasons. . .

McAleenan was speaking Thursday before the House Oversight Committee investigating border problems. His testimony comes amid a growing outcry over the treatment of migrants at the border, an internal investigation into Border Patrol agents who posted crude and mocking posts in a secret Facebook group and the move this week to effectively end asylum on the U.S.-Mexico border. (Read more from “Homeland Security chief: Family border separations are down” HERE)

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Previously Deported Guatemalan Accused of Killing Mother and Two Daughters

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Another mother has been permanently separated from her two daughters by the grave, allegedly murdered by a previously known illegal alien.

Three more people are dead in Des Moines, Iowa, allegedly killed by an illegal alien who was able to remain in the country despite several encounters with police. Criminal illegal aliens are supposed to be immediately removed so they are not able to commit more crimes in this country.

According to Immigration and Customs Enforcement (ICE), Marvin Oswaldo Escobar-Orellana, 31, who has been charged with the murder of a mother and two daughters Tuesday night in downtown Des Moines, is an illegal alien from Guatemala who had been previously deported twice. “Escobar-Orellana, aka, Marvin O. Esquivel-Lopez, was previously removed (deported) from the United States in 2010 and again in 2011,” said ICE spokesman Shawn Neudauer in a statement. “He has a prior federal conviction for illegal entry into the United States in 2010.”

While he is currently not in ICE custody, which prevents ICE from offering more information on his criminal history, ICE did confirm that an immigration detainer was filed by the agency on July 16 with the Polk County Jail. That would allow ICE to apprehend him so he can’t flee if he were to post bond with the local jail, which was set at $3 million.

According to the Des Moines Register, Esquivel-Lopez, which is the alias listed on all of the suspect’s public records, had numerous traffic tickets. He even appeared in court the day before the shootings to pay “more than $1,400 in fines and fees related to a May traffic incident in which he was cited for failure to maintain control and driving without a license or proof of insurance.”

It should be standard procedure for police to immediately ask the citizenship status of someone involved in a traffic accidents, especially those who drive without licenses. As a result of localities violating 8 U.S.C. 1324 by shielding illegal aliens from detection, Rossibeth Flores-Rodriguez, 29; Grecia Daniela Alvarado-Flores, 11; and Ever Jose Mejia-Flores, 5 are now dead.

It’s not more evil for an illegal alien to commit murder than it is for an American. But illegal aliens, if our laws were followed, should be gone immediately upon their first encounter with police so that they can’t harm more Americans.

This alien gave a false identity to police. ICE had his real identity. The police could have worked with ICE to determine his real identity and prevent future crimes.

According to the Epoch Times, one citizen in North Carolina collated criminal data from just 30 percent of North Carolina counties and found that in just the past 18 months, “more than 331 illegal aliens have been charged with 1,172 child rapes and child sexual assaults.”

Even after removing illegal aliens, we must keep them from coming back. This criminal was able to come in twice before, and that was at a time when Border Patrol was not nearly as distracted as it is today. Just this year, Border Patrol caught 19,000 with previous convictions already in America coming to our border. Can you imagine how many they don’t catch? Because current policy is putting the illegal aliens before America’s security, Border Patrol is drawn off to serving illegal aliens so that the cartels can strategically bring the worst criminal elements back into the country.

Border Patrol must actually patrol our frontier and ensure that people like Escobar-Orellana don’t return. How many of the 1.8 million criminal aliens ICE has deported over the past decade made it back in because they know we are often down to a handful of agents for a 60-mile stretch of border?

Every time an illegal alien dies of natural causes, it is an impetus for Congress to hold endless hearings berating immigration officials. Why is a murder like this not an impetus to address how current law is not being applied in defense of Americans? (For more from the author of “Previously Deported Guatemalan Accused of Killing Mother and Two Daughters” please click HERE)

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The President Should Not Play Ball With Illegitimate Border Lawsuit

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Could a third-party organization get standing to select any district court it wants to control and determine who is admitted into this country at the international border? That is the question in light of the ACLU’s lawsuit against Trump’s asylum regulation. It is also the question the Trump administration needs to emphatically answer right now before lending legitimacy to this abuse of separation of powers.

On Tuesday, like clockwork, the ACLU and a bunch of open-borders groups sued the Department of Justice’s latest asylum regulation that simply affirms the integrity of the system. The proposed rule would limit asylum to those who didn’t game the system and pass up other countries that are a party to the asylum treaty before seeking asylum in the U.S. The lawsuit was so contrived that it was likely drafted even before the regulation was published, because it erroneously names John Sanders as head of Customs and Border Protection when the current acting commissioner is Mark Morgan.

Trump has the opportunity to cut this off and call upon his attorney general to declare that there is no legitimacy to this lawsuit and decline to send lawyers to the San Francisco court for this dog-and-pony show.

Forum-shopping and nationwide injunctions are illegitimate

It is simply absurd and illegal for a district court not on the border to rule on a national – even international – issue affecting entry at the border. Most of the family units are coming in at the Texas border, and none of them are in the Northern District of California. Only two percent coming in at the California border at all. Why did the ACLU go there? Because it has a 13-1 majority of Democrat appointees, and that is the district that has single-handedly vitiated the rest of our existing immigration laws.

It’s time for the Trump administration to once and for all declare that nationwide and universal injunctions by district judges are unconstitutional and violate the inherent limitation of “cases and controversies” spelled out in Article III powers. This will affect the rest of his presidency and the future of the republic on every issue, but most certainly on border security. Now is the time to force that issue.

There is no judicial jurisdiction over foreign affairs

It is momentous that the ACLU chose the Northern District of California, a point that must be publicized by the president and his attorney general. This is the very district court that, in 1996, said that the “exclusion of aliens is a fundamental act of sovereignty” and that “the right to do so stems not alone from legislative power but is inherent in the executive power to control the foreign affairs of the nation. (Encuentro del Canto Popular v. Christopher, N.D. Cal. 1996.) There is nothing more to talk about. Even if the Left is correct about the reading of base asylum statutes, which it is not because asylum is discretionary and never supersedes national security concerns, the president always has the authority to shut it off. It’s not just from statutory 1182(f) delegated authority, but as this very court said, from his own Article II authority over entry at the border. The president can deny entry to anyone he wants, certainly when we are seeing dozens of terrible effects on the American people and on the migrants themselves because of the rush at the border and the empowerment of the cartels and MS-13.

Once Trump establishes this is a foreign affairs issue, it destroys the Left’s next argument. The ACLU alleges that the DOJ violated the Administrative Procedure Act (APA) by not waiting 30 days to potentially implement the policy. Aside from the numerous reasons why the APA doesn’t apply here (see Alito’s partial dissent in the census case), 5 U.S.C. §553(a)(1) explicitly exempts a “foreign affairs function” from the APA.

The Courts have zero jurisdiction to give standing

If the Trump administration agrees to legitimize this case, it will not only give our sovereignty over immigration to the courts, something the Supreme Court has rejected for 130 years, it would be allowing courts to veto any policy without any requirement for Article III standing.

Courts don’t veto policies or laws. There is no judicial veto in the Constitution. What courts can do is grant relief to plaintiffs with valid standing when a cognizable injury is evident as a result of the denial of a constitutional right or a legally protected interest. As the Supreme Court said in 2013, “The law of Article III standing, which is built on separation-of-powers principles, serves to prevent the judicial process from being used to usurp the powers of the political branches.” (Clapper v. Amnesty International USA.)

7.8 billion people in the world simply don’t have standing to sue for the right to come here. That has long been settled. In Lem Moon Sing (1895), the court said that not only does Congress have full authority to exclude without judicial intervention, but the executive branch officials do as well. The court noted that one could not argue that if an “alien is entitled of right, by some law or treaty, to enter this country, but is nevertheless excluded by such officers” that the courts could get involved.

“That view, if sustained, would bring into the courts every case of an alien claiming the right to come into the United States under some law or treaty, but who was prevented from doing so by the executive branch of the government. This would defeat the manifest purpose of Congress in committing to subordinate immigration officers and to the Secretary of the Treasury exclusive authority to determine whether a particular alien seeking admission into this country belongs to the class entitled by some law or treaty to come into the country, or to a class forbidden to enter the United States.”

So, the new tactic of these refugee or open-borders agitation groups is to sue as if they, not the aliens, are the aggrieved party. Typically, the ACLU or another NGO will sue on behalf of a real plaintiff. In this case, they are asserting that they are the aggrieved party because, according to the brief filed in the N.D. of California, “The new Rule frustrates Al Otro Lado’s mission and will force Al Otro Lado to divert significant resources away from its other programs.” They claim they will lose revenue from taxpayer funds or have to strain their staff to function.

Folks, if the court were to legitimize this avenue of standing, then there is not a single policy of any sort that can’t be sued by anyone. Say you have an organization that offers legal help to tax cheats. Then government resolves to more aggressively clamp down on tax fraud. Can your tax cheat law firm get standing to sue the government because now there will be fewer clients and your revenue will be reduced? That is quite literally what the East Bay Sanctuary Covenant, one of the litigants, claimed in support of obtaining standing to sue in this case.

The ACLU is bringing the lawsuit on behalf of East Bay Sanctuary Covenant, Al Otri Lado, Innovation Law Lab, and the Central American Resource Center in Los Angeles.

The president or the attorney general should deliver a national address and read some of the ACLU’s brief word for word, and the American people will see the absurdity on their own. They already understand the absurdity of forum-shopping, nationwide injunctions, and judicial tyranny of one of 94 federal courts. Trump’s advisers and lawyers need to step outside to the real America and turn away from political Twitter, and they will see the American people do not want this swarm at the border, nor do they want the ACLU and California judges usurping power. It’s time they actually fight for the forgotten American taxpayer who never gets standing in any court to uphold the rule of law and sovereignty.

We either have three branches of government, or we have 1/94th of the unelected weakest branch determining foreign affairs. (For more from the author of “The President Should Not Play Ball With Illegitimate Border Lawsuit” please click HERE)

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Assaults Against Border Agents Rising; Few Attackers Are Prosecuted

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While Republicans trip over themselves to condemn President Trump’s tweets attacking Hamas supporter Ilhan Omar, they continue to do nothing for victims of illegal immigration or for law enforcement. The more they allow Democrats to focus on the needs of illegal aliens rather than those of Americans, the more border agents are being assaulted without any response from our government. Very few illegal aliens are being prosecuted for anything, including assaulting border agents.

What is the message being sent to the cartels and illegal aliens? That they are now a protected class here and we will do nothing to counter their behavior. Sergio Tinoco, a supervisor border agent in the Rio Grande Valley, tells me that agents patrolling the river are getting attacked with rocks as the smugglers become emboldened by the lack of response or prosecutions.

“I work in the area in south Texas where of course we have the Rio Grande River as our actual border,” said Tinoco on my podcast last Thursday. “We have a riverine unit, a boat crew that patrols up and down the river. Mind you, the border is directly somewhere in the center or quasi-center of that river, so we ourselves and our agents cannot engage with anyone on the Mexican riverbank. We just can’t. Our rules of engagement do not allow that. The cartels know this; the smugglers know this. And of course, there’s a lot of high brush here in south Texas, and daily, we have smugglers, we have coyotes that will throw rocks at our riverine crews, at our agents, do everything they possibly can to harm them and to hurt them because they want them out of the area so that they can either bring their illicit drugs through or they can bring in the illegal immigrants across the river.”

You read that correctly. Belligerent terrorist groups that the State Department refuses to designate as such can now throw rocks at our agents knowing that it will cause them to retreat in our own territory, thereby allowing them to get in their human and drug contraband. They are certain we will not retaliate.

Agent Tinoco says they are left with few options. They must either retreat or try to
“pepper them with some type of CS gas pellets” and hope they will disperse. “This is a dangerous task that we encounter every single day.”

Tinoco also told me that not enough of these people are being prosecuted. “If any of us is assaulted, we would want that individual to be punished. I’m sure that if a citizen in … another part of America … I’m sure that if that individual was assaulted, everybody in that community would be seeking justice. And that’s all our agents … that’s all we ask for. We ask for the exact same thing that any other citizen that we’re protecting would ask for, and sadly we don’t get that as often as we would like. “

Tinoco noted that this is what “lends to the downfall of our morality where eventually you’ll start hearing agents say, ‘Why even report this to someone? Nothing’s going to happen.’ And that’s a very bad situation to be in because you want to still encourage our agents to report everything.”

Jaeson Jones, retired captain of the Texas Rangers’ Border Security Operations Center (BSOC) , told me that border agents are often told to go to Texas authorities to push for prosecutions because the feds won’t take the cases. “Today, it is routine to see state charges filed in border-related cases not taken by the feds – everything from pursuits, assaults, aggravated assaults, and smuggling charges etc.”

Jones recalled an incident in south Texas involving a Border Patrol agent who had been assaulted by an illegal alien during an apprehension. The agent was injured, yet federal prosecutors didn’t take the case. “The Texas Ranger captain who was commanding the one-week joint border mission learned of this assault and was incredulous, “What do mean they won’t accept charges?” he asked loudly with clear anger in his voice. When he heard the news from the supervising agent assigned to the command post, the captain turned to his lieutenant and said go find out if one of our men has been injured, then that suspect is going to jail … do you understand? Within a few hours, the suspect was booked into the Hidalgo County, Texas, jail for assault on a police officer.”

It turns out, according to CBP data, that assaults on CBP personnel have roughly doubled over the past two fiscal years relative to the previous few years. Yet, surprisingly, the use of force against illegal aliens is down. Those two stats are no coincidence, according to one agent in Texas’s Rio Grande Valley who must remain anonymous because he’s not authorized to speak to the media.

“The cartel scouts are telling the illegal immigrants to fight us. If they win, great, they get away or enable others in the area to get away. If they lose, they claim excessive use of force. I was just recently attacked by a Salvadoran couple at the river as part of a group of several dozen who got away while they tussled with me. My military and jujitsu training kicked in and I overpowered them, but I sustained minor injuries to my face. In this case, they were charged, but only received time served. They do not fear prosecution, and they know we have weak rules of engagement. If you don’t know how to fight hand-to-hand, you are out of luck.”

Indeed, the entire impetus for this border crisis was when the politicians and media supplanted the rule of law with virtue-signaling to ensure that illegal aliens are exempted from prosecution because they will be separated from their children, even though in many cases, they children are not theirs.

There might be no consequences for illegal aliens and their smugglers invading our border. But the American people and the border agents are feeling all of the consequences. (For more from the author of “Assaults Against Border Agents Rising; Few Attackers Are Prosecuted” please click HERE)

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Illegal Alien in Sanctuary City Charged With Sexually Assaulting 6-Year-Old

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An illegal alien has been arrested and charged with sexually assaulting a six-year-old child in Johnston County, North Carolina.

Alejandro Duarte Aldama, 32 years old, was charged last week on a number of child sex crime charges involving the alleged sexual assault of a six-year-old, according to records obtained by CBS 17.

Aldama, a law enforcement official told Breitbart News, entered the U.S. without inspection, which indicates that he is in the country illegally, most likely arriving from across the southern border. Aldama had been living in Raleigh, North Carolina — a sanctuary city that shields illegal aliens from deportation.

The illegal alien has been charged with a statutory sex offense and indecent liberties with a child. Aldama, the warrant claims, attempted “to engage in a sex act” with the six-year-old on January 4, 2019. (Read more from “Illegal Alien in Sanctuary City Charged With Sexually Assaulting 6-Year-Old” HERE)

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