Posts

2 Californians Killed in Drunk-Driving Wrecks With Illegal Aliens

Raul Gulliver and Margaret Abudawood are two Californians who were killed within hours of each other in different parts of the state by drunk drivers. Both of the suspects are illegal aliens.

The media make sure that every American knows the name of every illegal immigrant who dies in DHS custody. But they do everything they can to cover up the number of people in America killed by illegal aliens who should never have been in the country. Raul Gulliver and Margaret Abudawood are names that should be known to all Americans.

Raul Gulliver, 34, from Riverside County, was riding his bike Saturday morning when he was struck head-on by a pickup truck driven by Hector Manuel Polanco, a 32-year-old illegal alien from Mexico. Polanco was charged with two felonies. Not a single local media report mentioned the fact that Gulliver was an illegal alien or that ICE had placed a detainer on him. But this week, ICE spokesperson Lori Haley in California confirmed to me that ICE had placed a detainer on Polanco on April 27.

In Fairfield, California, a day later, 31-year-old Arnulfo Santos-Reyes, a previously deported illegal alien from Mexico, allegedly ran a red light and crashed into a Toyota Sienna occupied by three people, killing 85-year-old Margaret Abudawood. The two others in the vehicle were brought to a hospital with major injuries. Santos-Reyes is being charged with felony DUI, vehicular manslaughter, and manslaughter with gross negligence after allegedly driving with both drugs and alcohol in his system. He was also driving without a license, even though California has openly granted licenses to one million illegal aliens. He is being jailed in a Solano County facility on more than $200,000 bond, according to county records.

Once again, not a single local media report mentioned his immigration status or the fact that ICE placed a detainer on him. In fact, the only article to even mention immigration status was one for the Solano County Daily Republic, which noted, “Questions about the citizenship of Santos-Reyes have been raised,” but then wrongly concluded based on a conversation with the Solano County Sheriff’s Office that ICE had not placed a hold on Santos-Reyes.

Indeed, an ICE hold was placed on Santos-Reyes on Sunday, April 28, according to ICE’s regional spokesman, Paul Prince. “U.S. Immigration and Custom Enforcement (ICE) lodged a detainer, April 28, 2019, on a previously removed Mexican national Arnulfo Santos-Reyes, following his arrest by local law enforcement in Fairfield, California, for charges including gross vehicular manslaughter while intoxicated,” said Prince.

It turns out that this is not his first criminal charge in this country, aside from coming here illegally. “ICE initially took custody of Santos-Reyes, Aug. 13, 2013, after he was arrested by local law enforcement on criminal charges,” said Prince. “He was released on an immigration bond pending removal proceedings before an immigration judge. On Mar. 18, 2015, an immigration judge ordered Santos-Reyes removed to Mexico after he failed to appear for his court hearing. ICE later located and arrested Santos-Reyes and removed him to Mexico Oct. 5, 2017.”

Under California law, local police departments are not allowed to inquire about immigration status or notify ICE they are holding any criminal aliens. ICE must find them on its own. This has created a systemic magnet for criminal aliens to remain in the state or continue returning even after being deported, as appears to be the case with Santos-Reyes. Now, an 85-year-old Californian has died a tragic death as a result of the epidemic of drunk driving among illegal immigrants.

Prince noted that “ICE remains committed to professionally and equitably enforcing the laws of the United States, and continuing its work with other law enforcement agencies to enhance public safety and national security.” Indeed, ICE has sought to make deporting those with DUI convictions a priority, as witnessed in its recent operation in New Jersey resulting in the arrest of 123 criminal aliens, the majority of whom were convicted of driving offenses.

Americans being killed by illegal aliens, particularly as a result of drunk driving, often go unrecorded and unreported in crime statistics and media accounts. Recently, there has been a rash of Americans killed by illegal alien alleged drunk drivers in Tennessee, Minnesota and Alabama.

Just this week, a Guatemalan national was sentenced to four years in prison in Virginia for a drunk-driving incident last year that killed a four-year-old boy and seriously injured both parents and two siblings. Despite 10 convictions on driving and drug offenses between 2014 and 2018, Jose Armelio Gonzalez-Flores was allowed to remain in the country and was even granted DACA status.

By the end of the week, most Americans will know that one illegal alien child died of natural causes in the custody of HHS after being transferred by ICE at the border, but almost nobody will know about Raul Gulliver and Margaret Abudawood. They were allegedly killed by illegal aliens who could have been removed if ICE were allowed to do its job and if states would actually work with ICE to simply root out the criminal elements among the illegal immigrants. And if Border Patrol wasn’t tied down with the endless flow of Central American families, agents would likely be able to catch more of those criminals returning after being deported.

The looming question is how many Americans are killed or seriously victimized by illegal aliens on a weekly basis without anyone ever reporting it? (For more from the author of “2 Californians Killed in Drunk-Driving Wrecks With Illegal Aliens” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Trump’s New Border Directives May Stop Fanning the Flames. But It’s Time to Douse Them

The situation along the southwestern border has long surpassed unsustainable or emergency levels and has ventured into uncharted, untenable waters. Looking back, the situation at the border that led to the five-week partial government shutdown now appears to be child’s play. What started out, around this time last year, as confusion over radical court rulings regarding prosecutions at the border and children being separated from parents has morphed into a full-scale invasion and the breakdown of our duly passed immigration laws. Now is not the time for blame, half-truth, or half-measures. It’s the time to decisively act! Nibbling around the edges on peripheral aspects of this issue might have worked to stem the greater tide a year ago, but the present situation calls for a complete shutoff at the border.

On Monday, the White House announced a new directive for the DHS and the attorney general to establish fees for asylum requests, to end work permits for those coming in at the border, and to establish regulations to adjudicate claims within 180 days. These measures are either vague, long overdue, and/or deal with the tangential aspects of the invasion and further accede to the premise that we can adjudicate our way out of this invasion.

The DHS not only releasing hundreds of thousands of aliens, but providing them with work permits was an egregious policy of the Obama administration and was never even promulgated in a formal regulation. It should never have been continued by this administration. Yet the Trump administration handed out 750,000 work permits to bogus asylum seekers or those presumed to have a credible fear. And that was just through last September, before the large numbers began coming over. Even now, the president is calling on DHS to “propose regulations” barring work permits rather than immediately terminating Obama’s policy today. And while getting rid of this horrible policy is certainly a welcome move, it merely removes one gratuitous act of fanning the flames; it doesn’t extinguish the flames by flatly denying all credible fear at the border, as is within the president’s power.

Charging fees for applications could theoretically deter many of those migrants who lack any funds (after spending it all on cartel smugglers), but few of them are actually applying for asylum anyway and are still being released rather than returned or detained. Also, absent a directive to place all these people in expedited removal and dispose of their credible fear claims with a rocket docket in tent cities, it’s unlikely enforcement personnel will deport those who simply lack the funds to pay the fee, although that point is still unclear.

As for adjudicating the cases within 180 days, again, the president is not required to adjudicate bogus claims. In fact, he has the full power to immediately turn them down at the border, and immigration law requires that any appeal be dispensed with ideally within 24 hours and at most within seven days. That is current law. A mix of empowering Border Patrol to immediately deny credible fear claims, the creation of tent cities and a rocket docket for appeals, use of expedited removal, and the discretion to rewrite Flores and implement the changes would solve this problem within seven days. Absent those reforms, nothing will change, and claimants won’t be deported even within 180 days.

Nothing in this directive explicitly excludes these measures, and they might very well be a part of the plan, but the wording provides us with no new insight. It’s possible the administration might be biding time to implement something more robust but didn’t want anything definitive on paper so that the ACLU can’t get a head start crafting lawsuits.

Either way, these are all debates about how to plow ahead with the asylum process in the long run. What we need is a complete shutoff of all immigration requests at our border, a power the president holds absolutely and unconditionally, in order to deal with the catastrophe now. In addition, we need several backup plans both to enforce the shutoff and as alternatives if the administration chooses to abide by the inevitable illegal universal injunction from the next California judge.

Below are recommendations made within the framework of current statutes in the Immigration and Nationality Act to implement my 10 ideas to deter, defend, and demagnetize.

1. When Congress gave the president power (8 U.S.C. § 1182(f)) to shut off all or any form of immigration for any amount of time at will when he believes it’s “determinantal to the interests of the United States,” it certainly never envisioned anything near this obvious and severe. Between empowering our enemies in the cartels, flooding the country with drugs and gangs, creating strategic diversions, the public charge, the birthright citizenship, the diseases, the sex trafficking and stash houses, and the money-making for evil-doers, we have overshot the criterion of “detrimental” by a factor of one thousand. It’s time for the president to immediately announce, in accordance with 8 U.S.C. § 1182(f), the closing of the country (southwestern border, northern border, both coasts, and interior ports of entry) to any and all aliens who do not already possess a U.S. immigrant or nonimmigrant visa (or who are from a Visa Waiver Program (VWP) country) and a passport, and a who are not inadmissible per the section, as determined by CBP. This means no new defensive asylum applications will be accepted, as was the case with the Haitians in 1993 when the Supreme Court upheld this power in Sale v. Haitian Centers Council Inc.

2. Advertise #1 on radio, in print ads, handbills, and billboards in the Northern Triangle. This is what the Obama administration did to shut down the flow of UACs from Central America in 2014.

3. Return any alien entering illegally from a contiguous country to that country using the Alien Exit Transfer Program and those from non-contiguous ones to their country of origin. For aliens who return to the U.S. in violation of 8 U.S.C. § 1325(a) or 1326 or in the event of legal challenges to #1, return to 100 percent zero-tolerance prosecutions. Use military lawyers to prosecute these cases to free up ICE attorneys to represent the government in asylum and removal proceedings. To insure there are no 2018-style repeats of lost or misplaced children, perhaps assign family members shared alien registration numbers with a dash and suffix for children apprehended with an accompanying adult. Use hospital-style bands for both adults and children with their names and AR numbers on them during processing.

The DHS should work with the U.S. Marshals to incarcerate adults geographically proximate to children for prompt reunification after criminal proceedings.

Consider turning over the confirmed children of aliens who engaged in dangerous behavior to amenable state Child Protective Services and reimbursing them for the costs of caring for those children. This will make it clear to the country that illegal alien criminals are certainly no better than American criminals whose children are brought into the custody of Child Protective Services.

4. In preparation for a rocket docket and airlift deportation of the next group of Central Americans in the pipeline, the DHS and Department of Defense should establish tent cities right near Air Force bases along the southwest border and within easy transportation distance to the bases’ flight lines. Examples include Goodfellow, Lackland, and Laughlin in Texas; Holloman and Kirtland in New Mexico; Luke and Davis-Monthan in Arizona; and as a last resort, anything in California. Provide tents for court proceedings, areas for consulting with counsel, sleeping, eating, medical care, and schooling for children, plus bath and toilet facilities.

5. Detain aliens in accordance with 8 U.S.C. § 1222(a) for health screenings and observations. The Flores Settlement Agreement should not be seen as trumping the statute, and while the government obtained an exemption to the five-day release requirement to process family units per Flores v. Lynch, the agreement only specifies release must be to the “least restrictive setting.” Additionally, defensive “asylum seekers” are, by their very nature, inadmissible aliens subject to expedited removal under 8 U.S.C. §§ 1182(a)(6)(C) for misrepresentation or (a)(7), lacking required immigration documents. They are also subject to mandatory detention per 8 U.S.C. § 1225(b)(1)(A)(i) and (b)(1)(B)(iii)(IV) respectively at a minimum, until such time as they’ve received a favorable credible fear determination.

Additionally, as the aliens are technically also inadmissible public charges per 8 U.S.C. § 1182(a)(4) and flight risks, they should remain detained through the duration of their proceedings, until either being granted asylum or removed from the U.S.

If for whatever reason release should be necessary, do not allow catch-and-release of any alien who has received a favorable credible fear determination who has not completed an I-589, Application for Asylum and Withholding of Removal, and assign them a court summons to the immigration court nearest to where they entered the U.S. illegally or the port of entry where they were deemed inadmissible. They should not be allowed to venture over to the interior court of their choosing.

6. Prosecute false or misleading claims of fear, statements made relative to the asylum application, etc. per 18 U.S.C. § 1001. Also, inform all aliens that if their applications are found to be frivolous, they will be permanently barred from any relief from deportation, per 8 U.S.C. §1158(d)(6).

7. Have the attorney general establish by regulations additional limitations and conditions, consistent with 8 U.S.C. § 1158(a)(2)(C), under which an alien shall be ineligible for asylum under paragraph (b)(1). That could include a regulation stating that anyone who uses criminal smuggling or cartel groups or caravans to come here is ineligible for asylum.

8. Use already withheld foreign aid as a carrot to get Northern Triangle countries to agree to become each other’s safe-third country as required by § 1158(a)(2)(A), e.g., Guatemala and Honduras for El Salvador; El Salvador and Honduras for Guatemala; and El Salvador and Guatemala for Honduras. In other words, promise to restore and possibly even increase aid if they agree to such an arrangement, which would instantly shut down any asylum claims. They could also get extra points for cooperating logistically with the air lifts.

The bottom line is that we need a plan to deter, defend, and demagnetize our porous border, and these are some of the statutes that can be used to prepare such a plan. Throwing more money at a “humanitarian crisis” to further treat, process, and incentivize this invasion with a supplemental funding bill is not the answer. Applying current law is the answer. (For more from the author of “Trump’s New Border Directives May Stop Fanning the Flames. But It’s Time to Douse Them” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Illegal Alien Convict Charged With Execution-Style Murder After NEVER Being Deported

An illegal alien convict who had been previously granted refugee status by the federal government and was supposed to be deported has now been charged with murdering, execution-style, a Miami, Florida, father of one.

Illegal alien 29-year-old David Panequeusper has been charged with murdering 31-year-old Leandro Lopez this month after surveillance cameras captured the alleged killing in March, depicting an armed Panequeusper shooting Lopez to death.

[Video contains explicit content:]

Panequeusper, Breitbart News confirmed, first arrived in the U.S. in June 2001 from Cuba and was given parole to remain in the country. Years later, in 2004, Panequeusper was granted refugee status by the federal government despite his alleged associations to the violent Sur-13 Gang, which has ties to the Mexican mafia.

In 2007, Panequeusper was convicted of attempted murder and armed robbery and sentenced to ten years in prison, Breitbart News confirmed. The 2007 attempted murder involved a 17-year-old Panequeusper nearly stabbing a man to death outside of a restaurant. After the attack, Panequeusper attempted to cash the victim’s checks. . .

After being released from prison, Panequeusper was ordered deported from the U.S. back to Cuba. Due to Cuba’s non-cooperation with U.S. immigration officials, the illegal alien was never deported and continued living in Miami, unsupervised. (Read more from “Illegal Alien Convict Charged With Execution-Style Murder After NEVER Being Deported” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

How Many ‘Unaccompanied’ Teens Are Actually Sponsored by Legal Immigrants?

Who ever said crime doesn’t pay?

President Trump promised to end chain migration, which is the process through which legal immigrants bring in other relatives, instead of a merit-based system that benefits America as a whole. Not only has that problem not been rectified, but we now have a growing trend of illegal immigrant chain migration, whereby the American people pay for the rope to hang ourselves by allowing illegal aliens to break into the country, pay smugglers and cartels billions of dollars to smuggle in their teenage children or relatives from Central America, and have our government reunite them at our expense without deporting them, thus empowering the cartels to unleash upon us more drugs and crime.

According to new data obtained by the Center for Immigration Studies from Senate Homeland Committee Chairman Ron Johnson, R-Wisc., fewer than 10 percent of those sponsoring the Central American teens resettled under the “unaccompanied alien child” (UAC) program have full legal status themselves. According to the tally, from July 2018 to January 2019, 23,445 UACs were released from HHS facilities to sponsors within the country. Yet just 8.3 percent of them were either citizens or full legal permanent residents. The rest were either confirmed illegal aliens, likely illegal aliens, or were originally illegal aliens, but got into parole, temporary protected status, or other quasi-amnesty programs that have been manipulated against the letter and intent of law. In total, Art Arthur of the CIS observes that 81.5 percent of the sponsors are currently on the hook for some form of deportation.

Thus, our laws have been twisted so far that people who should have been deported long ago were able to use years’ worth of malfeasance and lax enforcement to remain here, pay smugglers to bring in their illegal relatives, and have them resettled with them, thereby shielding both of them from deportation.

Arthur, himself a former immigration judge, cites Judge Andrew Hanen’s order from 2013 I wrote about several weeks ago, in which he accused the DHS of completing the “goal of the conspiracy” of drug smugglers to smuggle people over the border on behalf of parents “at significant expense” to taxpayers. At the time, Hanen noted that in the cases he saw, the “parent initiated the conspiracy to smuggle the minors into the country illegally” and “also funded the conspiracy.” “In each case, the DHS completed the criminal conspiracy, instead of enforcing the laws of the United States, by delivering the minors into the custody of the parent living illegally in the United States.”

As I’ve observed before, the fact that illegal alien relatives are paying to smuggle these children makes it clear that they should not be eligible for refugee resettlement under the UAC program because they are not unaccompanied and they are not victims of “a severe form of trafficking.” Rather, they are self-smuggled. Both they and their parents or relatives should be deported. Yet our government has now spent billions of dollars resettling those who are often MS-13 members or vulnerable to joining gangs and has drained hundreds of millions of dollars from health care programs in HHS designed for Americans. Now, even after those cash transfers, HHS will run out of money for the program by June, according to a new letter from acting OMB Director Russ Vought.

As Judge Hanen noted, nothing in law compels this outcome, and in fact, our laws were designed to prevent it. Unfortunately, rather than fixing the problem, the president agreed to sign a law in February that had a major policy provision snuck in to a full-year appropriations bill without any transparency or a democratic process that actually made it harder for ICE to deport these people.

As I warned in February, and as Arthur explains in his article, section 224(a) of the omnibus gives extra protection to these illegal families seeking to engage in a cartel smuggling conspiracy. It prohibits ICE from using information obtained from HHS “to place in detention, remove, refer for a decision whether to initiate removal proceedings, or initiate removal proceedings against a sponsor, potential sponsor, or member of a household of a sponsor or potential sponsor of” a UAC.

To be clear, there is nothing stopping ICE from using its own resources to go after these people and deport them on their own, but the army of immigration lawyers will tie them up in court by accusing them of obtaining the information about their whereabouts from HHS’ address book of UAC sponsors, even if they found them on their own.

This is a provision that Trump must demand be stripped from the September budget bill. At that point, he must begin deporting those engaging in this criminal conspiracy, not delivering to them the product of their crime, thereby fueling this circuitous cycle of illegal immigration chain migration and cartel smuggling. Moreover, an invocation of 8 U.S.C. 1182(f) to shut off all immigration should have the effect of suspending the UAC program, as it would the asylum program.

Let us not forget that the UAC aspect of this invasion is more severe than any other misreading of our immigration laws. Other aliens can eventually be deported, but those resettled as UACs become legal permanent residents with a pathway to citizenship. Even before they obtain citizenship, they can only be deported if they are convicted of a crime above a certain threshold. Many of them are involved in MS-13 activity and need to be deported, but ICE cannot do so without solid convictions, which are often difficult to get before they commit major mayhem.

Who will be the lawyer for the American sovereign people, to enforce our laws and protect Americans from crime, drugs, diseases, and public charge, as required over and over again in statute? Trump is the only one in position to be that man, and time is running short. (For more from the author of “How Many ‘Unaccompanied’ Teens Are Actually Sponsored by Legal Immigrants?” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

How Weak Urban Cooperation With ICE Exposes Rural Areas to Criminal Aliens

Sheriff Kenny Lemons never expected to deal with MS-13 criminal aliens after taking office 10 years ago in tiny Clay County, Texas, a rural area near the Oklahoma border. But thanks to the surge in Central Americans in recent years and what he believes to be lax cooperation with ICE from some of the larger metro areas in Texas, highway 287 has become a conduit for drugs and gang members passing through his city. The latest case of Douglas Guevera-Medrano, a 20-year-old illegal alien from El Salvador, underscores the problem.

Douglas Guevera-Medrano was caught in Clay County last Monday after a half-day manhunt involving multiple law enforcement agencies attempting to apprehend him. He had numerous outstanding warrants from Dallas County and is now booked in Sheriff Lemons’ Clay County jail on evading, failure to identify, and outstanding charges in other parts of Texas. According to KFDX, Guevera-Medrano has six outstanding charges from Dallas County for criminal mischief and theft, four charges of criminal mischief, theft, and failure to identify from Farmer’s Branch, and charges from Richardson, Texas, for criminal mischief and theft. According to the sheriff, ICE immediately placed a detainer on him.

The question Sheriff Lemons asked in an interview with CR is: “Why did it take this manhunt in my county in order for this threat to be taken off the streets?”

The outstanding warrants stemmed from an arrest in Dallas County last March, Lemons told me. “Once he made bond last year, he was released without an ICE detainer being placed on him. The reason I was upset about it is because the man shouldn’t even have been in Clay County, if that ICE hold would have been placed on him once those charges were done. He should have been detained and held until the charges were completed and deported to El Salvador. This is ridiculous. We could not show any detainer ever being placed on him, and either way, he should never have been out on the streets. He has been in the country illegally since 2014 and is a member of the MS-13 street gang. We know that the neighborhood he grew up in El Salvador was predominantly controlled by MS-13.”

According to the sheriff, the manhunt was triggered when Dallas County “subsequently worked a case investigation which led to a warrant being issued for him for the same time for other offenses, and those were fresh warrants that had not been served at the time of his arrest.” The sheriff served all those warrants, and Guevera-Medrano is now being held on $250,000 bond. He has not posted bond yet, but the sheriff was very clear that he intends to honor the ICE detainer if he does post bond and transfer him to federal custody.

The sheriff said that ICE originally would not have known about this guy unless Dallas County had called and asked for a detainer. It’s important to note that while many counties, including Dallas, are not official sanctuaries to the degree that they will disregard ICE detainers (which is illegal in Texas after passage of SB4), they often fail to proactively seek out detainers and notify ICE.

The danger in cases of criminal aliens is that dangerous threats that could easily be eliminated are placed back on the streets once they post bond. There’s a limit to what can be done to hold Americans who post bond, but criminal aliens who post bond for criminal arrests should always be turned over to ICE and held for deportation. This ensures that there is no gap of coverage.

While it is true that ICE agents do see arrests entered into the National Crime Information Center (NCIC), they often miss first-time alien offenders, especially if they evaded Border Patrol at the border and slipped into the country without an encounter. With their fingerprints not on record, ICE has no way of knowing who they are.

Furthermore, criminal aliens are often coached to give false identities. If their fingerprints are already on record, ICE will be pinged and will try to reconcile the differences between the prints and the name, but if their fingerprints were never on record, the only way for ICE to know about the arrest if the locality is not proactive is if an ICE official was posted at the jail at that time.

As one ICE official told me, “Biometric information uploaded through NCIC is only as good as the data that accompanies it, and given the reality that persons may provide incorrect name and/or citizenship information to local jurisdictions upon arrest, it’s not uncommon for persons to elude detection in jurisdictions that restrict ICE’s access to interview persons in local criminal custody.” While sanctuary jurisdictions are particularly bad, the ICE official noted, without having the particular information on this case, that even other jurisdictions that apprehend aliens “who may only briefly be in local custody and are released prior to an ICE officer being able to interview them” can slip through the cracks.

Sherriff Lemon’s department certainly was proactive in notifying ICE. “Once ICE was notified by my agency, they had no problem putting a detainer on him, so this just leads you to believe that they possibly never knew this guy was in custody in Dallas last year,” he said. “We do things differently here. This guy can post all the bond he wants, but he’s not getting out … on the streets again until ICE picks him up or a court order to release him.”

This is the difference between a proactive local law enforcement agency and a sleeper sanctuary jurisdiction. Many major cities in this country will not actively notify ICE about what they consider to be “low-level crimes.” This is how so many illegal alien crimes go undocumented.

According to the Texas Department of Public Safety (DPS), between June 1, 2011, and March 31, 2019, 189,000 illegal aliens were charged with more than 303,000 criminal offenses. That might sound like a lot, but in reality the true number of illegal aliens arrested for crimes in Texas is likely exponentially higher, because DPS only counts those whose fingerprints have a positive ID from DHS. Easily fewer than half of the criminal aliens encountered by Texas law enforcement have previously been in DHS custody, especially those caught for a first crime. Anyone who successfully evades capture at the border is not in the federal system, and the criminal elements tend to evade detection more often because they obviously don’t surrender at the border like the family units do.

According to Texas DPS, “These figures only count individuals who previously had an encounter with DHS that resulted in their fingerprints being entered into the DHS IDENT database. Foreign nationals who enter the country illegally and avoid detection by DHS, but are later arrested by local or state law enforcement for a state offense will not have a DHS response in regard to their lawful status and do not appear in these counts.”

All those who evaded capture and went on to commit their first crimes are not documented in the report, and often they are released to commit even more crimes before ICE even knows about it.

Even among those who are known, they have collectively racked up “arrests for 549 homicide charges; 33,449 assault charges; 5,836 burglary charges; 38,185 drug charges; 420 kidnapping charges; 16,229 theft charges; 24,126 obstructing police charges; 1,698 robbery charges; 3,570 sexual assault charges; 4,777 sexual offense charges; and 3,049 weapon charges.”

Sheriff Lemons is now concerned with the growth of transnational cartel and gang members in Texas and that rural areas will have to start dealing with what Dallas and Houston have long been confronted with on a daily basis.

“Most of our deputies are not equipped to deal with MS-13 gang members, so it’s very concerning that the border problems have now gotten to northern Texas.” (For more from the author of “How Weak Urban Cooperation With ICE Exposes Rural Areas to Criminal Aliens” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

‘Largest Group’ of Illegal Aliens Apprehended at Border

El Paso Sector Border Patrol agents apprehended what they are calling the “largest group of 424 illegal aliens” at the New Mexico border on Tuesday morning. A few hours later, agents patrolling near Antelope Wells, New Mexico, apprehended another 230.

Agents patrolling near Sunland Park shortly after midnight Tuesday morning encountered what they believed to be more than “400 illegal aliens” who had just crossed the border from Mexico. The agents rounded up all of the migrants and began processing them. A few hours later, the count stood at 424 mostly Central American migrants. Border Patrol officials tweeted this is the “largest group” of illegal aliens apprehended by Border Patrol agents. . .

The El Paso Sector has witnessed a 1,670 percent increase in the number of Family Unit Aliens apprehended during the first six months of this fiscal year, according to the March Southwest Border Migration Report. Agents apprehended 53,565 family units during the first six months of this year as compared to 3,027 during the same period in Fiscal Year 2018. In addition, the sector witnessed a 333 percent increase in the number of unaccompanied minors apprehended — 7,565 in FY2019 vs. 1,746 in FY2018. (Read more from “‘Largest Group’ of Illegal Aliens Apprehended at Border” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

A Jordanian Man Planned to Smuggle People From Yemen Through Mexico and Into the U.S.

Jordanian national Moayad Heider Mohammad Aldairi pleaded guilty Tuesday to participating in an illegal scheme to [smuggle] people from Yemen, through Mexico and to the United States.

“According to the plea agreement, during the second half of 2017, Aldairi conspired with others to smuggle at least six Yemeni nationals across the Texas border and into the United States in exchange for a fee. Aldairi admitted his role in transporting the aliens from Monterrey, Mexico to Piedras Negras where he directed them to cross the Rio Grande River into the United States,” the Department of Justice released in a statement. “Aldairi provided construction hard hats and reflective vests to some of the aliens in an effort to enable them to blend in after crossing. Aldairi will be sentenced by the Honorable Alia Moses at a later date.”

A number of different government agencies, including Border Patrol and the FBI, worked with the U.S. Embassy in Jordan on the case.

“When Mohammad Aldairi illegally smuggled multiple Yemeni aliens across our southwest border, he put the security of the United States in peril,” Assistant Attorney General Benczkowski said about the plea. “The Department of Justice cannot — and will not — tolerate such threats to our national security. The Criminal Division remains dedicated to prosecuting alien smugglers, especially criminals like Aldairi who attempt to sneak aliens from countries of interest into the United States.” (Read more from “A Jordanian Man Planned to Smuggle People From Yemen Through Mexico and Into the U.S.” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Radio Ads Offer to Help Illegal Aliens Get Into U.S.

U.S. Customs and Border Protection has claimed that radio advertisements in Central America are encouraging a wave of migrants to come to the U.S. for the “American dream.”

During a ride-along tour of the southern border in El Paso, Texas, Assistant Chief Patrol Jose Martinez told Fox Business’ Maria Bartiromo that “the word is definitely out” among would-be immigrants.

“You listen to your radio on the way to work, on your way to the grocery store and that country is advertising, ‘If you want the American dream, we’ll help you out, we’ll teach you how to get in the United States,” Martinez said.

The assistant chief patrol said that the Border Patrol’s El Paso Station is “probably the busiest area in the country at the moment with illegal entries,” saying that most who cross to the U.S. are coming from the “Northern Triangle” of Central America — Guatemala, Honduras and El Salvador — as well as from Cuba and Nicaragua. . .

U.S. Customs and Border Protection Commissioner Kevin McAleenan, who is also serving as acting secretary of Homeland Security, said last month that there is “an unprecedented humanitarian and border security crisis all along our Southwest border, and nowhere has that crisis manifested more acutely than here in El Paso.” (Read more from “Radio Ads Offer to Help Illegal Aliens Get Into U.S.” HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

Bombshell From a Top Border Agent Reveals Huge Asylum Issue

What percentage of illegal aliens crossing the border are claiming asylum? Eighty percent? Fifty? That’s what you’d think from listening to the news and the politicians. But what if I told you it could be lower than ten percent?

The prevailing narrative about our border is that the surge in illegal immigration is dominated by Central American family units who instantly assert a “credible fear” of persecution and are immediately processed as asylum seekers and released into our interior with the faint hope that they will show up to a court hearing, where their claim will likely be turned down. While it is likely that the perception of bogus asylum claims as the key to obtaining release into our country is what motivated this wave originally, it appears that few of them are even asserting a bogus credible fear at all. Yet, we are still processing them as if they are legitimate asylees instead of immediately placing them into expedited removal, as required by law.

On Monday, Carl Landrum, deputy chief patrol agent of the Yuma Sector, released a surprising piece of information on Fox News that fundamentally upends the public perception at the border, a fact that would even surprise most in government. “Only six percent of the people crossing the border are expressing a credible fear and requesting asylum,” said Agent Landrum, regarding the Yuma Sector specifically.

Customs and Border Protection (CBP) has declined to answer my request for similar data for other border sectors.

Yuma is one of the sectors where we are seeing large family units from Central America cross almost daily. A whopping 24,198 individuals in family units have been apprehended in Yuma for the first six months of fiscal year 2019, up from 6,487 in FY 2018. Yuma is the third-hardest-hit sector, behind the Rio Grande Valley and El Paso sectors, so the fact that we have it from the deputy chief patrol agent that only six percent of overall apprehensions in that sector are even expressing a credible fear is earth-shattering and has disturbing ramifications.

This revelation means that our government has essentially vitiated the entire Immigration and Nationality Act (INA) and has declared a de facto open border. This is not just about the erroneous interpretation of asylum law. We are shredding every word of the INA and processing and releasing almost all of these people, even those who don’t express a credible fear, rather than immediately placing them in expedited deportation.

It’s true that more people will likely express a “credible fear” if we were to do that, but that assertion should be denied, starting a maximum seven-day clock for an appeal. Thereafter, they can be returned to expedited removal, and no immigration judge, much less an Article III judge, can get involved in any way. That is current law, and no new law can be written more emphatically than the one on the books.

The problem is that at this point, they are all being released, and that clock is never starting. Therefore, even if we track them down later on, they can always reassert their claim at that point and further delay deportation.

I first started to suspect that most of the families were not asserting a credible fear when I examined the USCIS credible fear caseload data for the first four months of the fiscal year. USCIS has received 35,310 credible fear cases for the first four months of this fiscal year. That is a high number, but that is roughly on pace for the same high baseline of FY 2018, when we hit nearly 100,000 cases. We are on pace for about 106,000 claims this year.

One would expect with our border numbers crushing those from last year that, if it’s being driven primarily by asylum requests of Central American families, the dockets would swell even over last year’s numbers. That is simply not the case. There’s been a 370 percent increase in family units for the first half of this fiscal year compared with the first half of FY 2018. The one caveat is that the USCIS credible fear caseload data for February and March, the two busiest months, has not yet been published, but based on what we see for the first four months, it’s clear that credible fear cases are in no way increasing commensurate to the increase of family units coming in.

Furthermore, data from Syracuse University’s Transactional Records Access Clearinghouse (TRAC) also confirms this trend. In an analysis titled, “Newly Arriving Families Not Main Reason for Immigration Court’s Growing Backlog,” TRAC asserts, “Since September, about one out of every four newly initiated filings recorded by the Immigration Court have been designated by the Department of Homeland Security (DHS) as ‘family unit’ cases.” That is just 41,488 out of 174,628 cases. And that number is really inflated because, as noted by TRAC, “each parent and each child are separately counted as “court cases” even though many are likely to be heard together and resolved as one family unit.” They conclude that “recent family arrivals” comprise “just 4 percent of the current court’s 855,807 case backlog” as of February 28.

Even the liberal Syracuse University, which is clearly upset that the administration is not doing enough to grant bogus asylum claims, articulates the case I’ve made all along – that nothing in our laws compels this outcome.

Families arriving at the border do not automatically have the right to file for asylum in Immigration Court. Under existing laws, such families must pass a number of hurdles. First, those simply coming for better economic opportunity are subject to expedited removal by DHS – a purely administrative process that doesn’t require a decision by any judge. Simply expressing a “credible fear” of returning to their home county is also not sufficient. Each family must pass a credible fear or reasonable fear review. Those that do not pass this review do not have an opportunity to proceed and present their asylum claims. Again, such individuals are subject to expedited removal from the country.

So why is this administration not placing every single person who comes to the border into expedited removal? Even if they begin asserting the credible fear claims thereafter, those claims can be denied by Trump through his administrative officials without any review from the courts, and then they are placed back in expedited removal.

The only excuse the government has left is that it doesn’t have enough suitable facilities to hold the family units in order to comport with the Flores settlement. But the administration has had months to muster all of its logistical assets and diplomatic prowess with Guatemala and Honduras to begin an airlift to Central America for expedited removal.

Let’s put aside those already released as water under the bridge for the time being. Declaring expedited removal for the next wave of illegal immigrants will send an immediate message to those farther down the pipeline that catch-and-release is over. It would be worth clearing out all the facilities (which they are doing anyway) in order to hold just the next group for the week or so needed for removal. There is no reason why this should take more than 20 days.

Moreover, the president can nullify the Flores settlement, which in itself is a violation of law requiring us to detain these people (8 U.S. Code § 1225(B)(iii)(IV)) and write a new procedure for detaining family units together. The DHS published such a proposal on September 7, 2018, but for whatever reason has never promulgated it.

The laws aren’t the problem. They are, in fact, the solution. This is not about asylum, because most aren’t currently asserting it. Nor is this about asylum law, which was written to prevent this very outcome. This is about the abolishing of our laws and borders. (For more from the author of “Bombshell From a Top Border Agent Reveals Huge Asylum Issue” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE

5-Time Deported Illegal Alien Beats Baby to Death

In another grim reminder than not all those pouring through our border from Central America are peaceful immigrants, a Honduran national was arrested by Memphis police on April 12 for allegedly beating a four-month-old baby to death.

Jose Avila-Agurcia, a 33-year-old illegal alien from Honduras, was charged with first-degree murder in Shleby County, Tennessee, this week for allegedly striking a four-month-old baby multiple times, inflicting fatal fractures to the baby’s skull and ribs. The child’s mother, Mercy Lizondro-Chacon, alleges that the suspect beat the baby to death when he found out that the baby was not his child after he previously assumed he had fathered the boy.

An ICE spokesman told CR that biometrics confirm that the suspect’s real name is Carlos Zuniga-Aviles, an illegal alien who was previously deported five times prior to this incident. The name Jose Avila-Agurcia is an alias he provided to local officials.

“U.S. Immigration and Customs Enforcement (ICE) has lodged an immigration detainer on unlawfully present Honduran national Carlos Zuniga-Aviles AKA Jose Avila-Agurcia following his arrest for murder in Shelby County, Tennessee,” said ICE spokesman Bryan Cox. “ICE will seek to take him into custody to reinstate his removal order following the resolution of the criminal charges he currently faces.”

According to ICE, the suspect was removed from the country first in Feb. 2010, and then four subsequent times – Jan. 2011, March 2012, Nov. 2015, and Dec. 2016. Two of those times he was caught by Border Patrol and removed; three other times he was deported by ICE.

In addition, Shelby County officials are refusing to comply with a state law requiring local law enforcement to cooperate with ICE detainer requests. When it comes to an issue that is national in scope and affects the sovereignty and security of the whole of the people, some liberal politicians suddenly discover an affinity for localism to such a degree that they will even defy the feds and the state.

Florida is the latest state to consider legislation barring localities from denying ICE detainers and impeding federal immigration authorities. The Florida House passed the bill 69-47 on Wednesday, and the Senate is expected to debate the bill today.

The core function of government is protecting the citizenry from criminals, and the core function of the federal government, in particular, is to protect us from other countries’ people who would do us harm. That clearly starts with enforcement both at the border and in the interior.

ICE is now warning localities that don’t cooperate with detainers in order to shield illegal aliens from deportation that their actions will likely result in more deportations in their area. “Any local jurisdiction thinking that refusing to cooperate with ICE will result in a decrease in local immigration enforcement is mistaken,” said ICE in a statement. “Local jurisdictions that choose to not cooperate with ICE are likely to see an increase in ICE enforcement activity, as in jurisdictions that do not cooperate with ICE the agency has no choice but to conduct more at-large arrest operations. A consequence of ICE being forced to make more arrests on the streets is the agency is likely to encounter other unlawfully present foreign nationals that wouldn’t have been encountered had we been allowed to take custody of a criminal target within the confines of a local jail.” (For more from the author of “5-Time Deported Illegal Alien Beats Baby to Death” please click HERE)

Follow Joe Miller on Twitter HERE and Facebook HERE