On June 17, two subcommittees (National Security/Health Care and Benefits) met for a joint hearing concerning "A Review of the President's Executive Actions on Immigration" and specifically addressed the Obama administration's use of "prosecutorial discretion." The hearing also points to the obvious - a bond between immigration and national security - that elephant in the room no self respecting liberal will ever address.
The findings that show the complete ineptitude by this administration when dealing with immigration is disturbing but hardly surprising, since it appears to be set up to be a confusing mess. It's better to not keep track of people that way.
Three testifying were Inspector General (IG) John Roth, Immigration and Customs Enforcement (ICE) Director Sarah Saldana, and U. S. Citizenship and Immigration Service (USCIS) Director Leon Rodriguez. For this blog, the testimony I was particularly interested came from Roth's findings.
For those who aren't faithful watchers of Congressional hearings on C-Span, an IG is comparable to a police departments internal affairs. The IG watches over/audits, not to criticize, but to give an accountability report on the department or person he/she is tasked with covering.
First, IG Roth made it clear Obama's Executive Orders use inhibits immigration enforcement personnel from being able to do the jobs their oaths require. Second, the unbelievable $21 billion these agencies have received annually the past two years and the fact, in spite of this amount, that the agencies are in total disarray, with a lack of information being accumulated and/or reported on pertaining to the "prosecutorial discretion" the president uses.
As recently as May, lack of relevant/missing data and accountability has already been reported under Jeh Johnson's Department of Homeland Security (DHS). Obama's election promise of a "transparent administration" has become a complete joke.
An excerpt of IG Roth's opening statement:
The estimated 11.5 million removable aliens in the U.S. ... roughly equivalent to the population of Ohio ... includes people who may pose a risk to public safety or national security. According to ICE, DHS removed/returned 577,295 aliens in FY 2014. Given the sheer numbers and finite resources, DHS has decided to remove aliens THEY decide pose the greatest risks, and thus have instituted various policies to do so ... using prosecutorial discretion (PD). However, the department does not collect or use the full range of PD data to help assess immigration policy, evaluate the effectiveness and results of enforcement actions or be able to assess the reasonableness of the exercise of that PD.
In simple words, the entire program is filled with redundancy, inaccuracies and no actual smoothly working program everyone can follow ie: the usual out of a government agency. Except, it appears in this case, part of this mess is intentional to throw off anyone trying to figure it out.
Continuing with Roth:
In May ... DHS was not collecting/analyzing enough data, didn't have the mechanism to monitor and receive feedback on use of prosecutorial discretion .... The inability of ICE agents to access aliens' criminal records in the country of origin ... means there is not enough reliable data to make informed decisions about who should be allowed to stay.
Roth reported there is also a policy of intimidation aimed at the agents. They are warned and restricted concerning who they can even stop and interview according to that person's appearance, both on the border and within the border, ie: a kind of "reverse profiling." In effect, the agents understand there will be hell to pay if they make a bad judgment call and stop the wrong person. The result being, if they stop no one, they will keep out of trouble. Besides insanity, this is a clever way of allowing illegals to remain here with little chance of being stopped.
However, stats show where this is taking place, crime has increased, including murders, and is akin to the recent Baltimore problems where six officers were arrested and charged with various crimes including murder concerning a black drug dealer who died in their custody. The D.A., before evidence was even in, came down so hard on the cops - while siding with the local citizenry that was in a frenzy - that the officers were afraid to do their jobs for fear of being arrested.
IG Roth continued:
"Because DHS has finite resources to respond to all immigration violations or remove all persons illegally here ... DHS exercises prosecutorial discretion ... deciding whether to enforce immigration laws and if so, to what extent. This includes whom to stop, question, arrest and remove from the country. Special circumstances have also been enacted and have to be dealt with by the officers, such as an illegal who is a nursing mother, elderly or has him/herself been a victim of crime while being here illegally. These types are given kid glove treatment, usually have nothing at all done about their illegality.
At the time we started the audit (2011), ICE was focusing on aliens who pose a danger to national security, violate visa programs or who are fugitives.
This sounds good until you get into the weeds. It was discovered ICE doesn't even collect PD data, doesn't always ensure stats are accurate/complete, doesn't distinguish the various types of exceptions to removal such as DACA related exceptions. Add to that, the stats may be inaccurate because enforcement officers may not document every encounter it considers to be a low enforcement priority as paper work is so time consuming. Then, often, someone jumps into the removal process of a case and applies prosecutorial discretion, thus resulting in multiple records for the same illegal while there are often no records on many here illegally.
End result, data related to PD decisions on low priority illegals are often not available, plus the DHS doesn't even collect PD-related data that might help immigration officers who are on the front lines. It would be beneficial if all had PD info on each illegal in case, while in this status, they commit a crime or pose a threat to national security and public safety which would change their status.
The end result is a backlog so long (years) that many illegals, no matter what their status, are walking our streets, including 121 cases of illegals convicted of murder. If illegals are in a deportation status six months and their case has not yet been addressed, they are simply let out on the streets of America. That is why 121 illegals who are murderers are walking our streets with hundreds/thousands more already guilty of rape, armed robberies, out there with them.
Visa overstays are a joke as they are let loose on their own recognizance and told to appear in court on a certain day. Their stats are not even kept in any cohesive manner and as you might expect, most are never seen again.
In addition, because there is no overall policy-making process which captures the right information, it is impossible to even assess if prosecutorial disgression is being used in an even handed manner. The department doesn't even have the data available to even evaluate the performance of either the over-worked officers or the field offices.
These uneven and inconsistant policies have also had an effect on hindering the mission to prevent or deter employers from violating immigration laws including inconsistent fines of those hiring illegals simply because there is no oversight of how fines are to be administered.
All of this contributes to an atmosphere where officers are disgruntled and not sure what they are allowed to do and not do. And of course, it affects the national security of our country, jobs, taxes, health care, even whole neighborhoods. And then, the fact it is all an open door for terrorists.
The absolute mess this administration has made of the immigration process, even blurring legal and illegal immigration, belies their statements that they want illegals out of the shadows.
Obama himself operates in the shadows, for we have no idea where all the "children" coming from Central America have ended up. We know not if they carried diseases or had criminal records. What we do now know is their ages ranged from very young to 31 years old, and some came straight out of gangs south of the border. And of course, every last one of them came here illegally, unaccompanied by even one adult which would make us, due to our compassion, responsible for caring for them all.
Consider this lawbreaker:
In 2012, in the White House Rose Garden, after Obama claimed "Congress failed to act," referring to Congress saying no to his DREAM Act, Obama simply ignored our constitutional republic, designed with three distinct branches to create checks and balances, and created the DACA (Deferred Action Childhood Arrival) program.
Congress had indeed acted and they had said a resounding no in the best interests of America, a NO Obama simply ignored.
Deferred actually meant, case by case, perhaps a non-American visiting here might fall ill and was then allowed to remain until the health emergency was resolved.
But Obama used the deferred action to provide tens of thousands of illegals already here to remain for years and with employment authorization. Disguised as an attempt to help children, these so-called children were to be under 16. However, illegals as old as 31 have been allowed to stay if they but claimed they entered prior to their 16th birthday.
Does it sound to you like Obama is interested in doing anything but colonizing our country with third world illegals when in WWII, so stringent were the immigration laws, it was virtually impossible to even get our government to bend enough to allow European Jews, under Hitler's 1930's Nazi regime, to escape to safety here before they were inevitably caught up in the "final Solution" and exterminated in Hitler's death camps.
These types of reckless actions on the part of Obama are exactly why his immigration executive actions and similar acts are gifts to international terrorists.
So arrogant is this POTUS, he actually attempted to put through a bigger program called DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) which would have, again, provided millions of illegals employment authorization and temporary lawful status. A bunch of governors stepped forward and sued the federal government, thus stopping it. Good for them, but my question is, why aren't we ALL marching in the streets at this, the most lawless POTUS in United States history.
There is no way at all to check on all the DACA "children" who have come here. Prosecutorial discretion has turned into prosecutorial deception. Rather than come out of the shadows, this administration has done all it can to make sure we have more and more illegals in the shadows. All of whom, they assume, will vote Democrat.
There is one good answer that our earlier forebears used when necessary, and that was to stop ALL IMMIGRATION, both legal and illegal, until all Americans were first taken care of and we had caught up, and it was proven new people were here to meld in, had a sponsor, and would take no government help.
And then there is that fence that still needs to be built. And electing a solid conservative who believes the same ... before it is too late to turn back.
Sources: "A Review of the President's Executive Actions on Immigration Congressional Hearing/June 17, 2015 - C-Span
Michael Cutler, Retired Sr. Special INS Agent (Testified before a dozen hearings, 9-11 Commission and various immigration trials. )
Impeachable Offenses - The Case For Removing Barack Obama From Office - Aaron Klein & Brenda J. Elliott
"50 Children" - One Ordinary American Couple's Extraordinary Rescue Mission into the Heart of Nazi Germany - Steven Pressman