U.S. Attorney General Sessions Announces Plan to Directly Deport Criminal Aliens Housed in Federal Correctional Facilities

Attorney General Jeff Sessions announced the expansion and modernization of the Department’s Institutional Hearing Program (IHP).

The IHP identifies removable criminal aliens who are inmates in federal correctional facilities, provides in-person and video teleconference (VTC) immigration removal proceedings, and removes the alien upon completion of sentence, rather than releasing the alien to an ICE detention facility or into the community for adjudication of status.  Bringing an Immigration Judge to the inmate for a determination of removability, rather than vice versa, saves time and resources and speeds hearings.

The program is coordinated by the Department of Justice’s Executive Office for Immigration Review (EOIR), the Bureau of Prisons (BOP) and Immigration and Customs Enforcement (ICE).

“We owe it to the American people to ensure that illegal aliens who have been convicted of crimes and are serving time in our federal prisons are expeditiously removed from our country as the law requires,” said Attorney General Sessions.  “This expansion and modernization of the Institutional Hearing Program gives us the tools to continue making Americans safe again in their communities.”  

The expansion and modernization of the IHP program will occur in the following three ways:

          1. ICE, BOP, and EOIR will expand the number of active facilities with the program to a total of 14 BOP and 6 BOP contract facilities;

          2. EOIR and BOP will increase each facility’s VTC capabilities and update existing infrastructure to aid in the ability to conduct removal proceedings; and

          3. EOIR and ICE will finalize a new and uniform intake policy. EOIR and ICE expect to have reached agreement on this new intake process by April 6, 2017. 

These improvements will speed the process of deporting incarcerated criminal aliens and will reduce costs to taxpayers.

Attorney General Jeff Sessions
Office of the Attorney General

March 30, 2017 Department of Justice News Release

Federal Appeals Court deals blow to Obama’s Order for Amnesty for Millions of Illegals

Captain Rick : President Obama stepped beyond his presidential authority when he issued an executive action to shield millions of illegal immigrants from deportation. A federal appeals court refused to lift a hold on President Obama’s executive action previously issued by a U.S. District Judge.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse U.S. District Judge Andrew Hanen’s earlier decision temporarily halting the administration’s plan. Hanen issued the temporary hold in February, after Texas, Arizona and 24 other states filed a lawsuit alleging Obama’s action was unconstitutional.

Two out of the three judges on a court panel voted to deny the government’s request. The majority opinion reasoned that lifting the temporary hold could cause serious problems for states should they ultimately win their challenge. It said the states have shown that "issuance of the stay will substantially injure" them. "A stay would enable DAPA beneficiaries to apply for driver’s licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court’s findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone."

The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education. Along with Texas, the states seeking to block Obama’s action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department’s ability to protect the U.S. and secure the nation’s borders. They also said immigration policy is a domain of the federal government, not the states.

But, in Tuesday’s ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.

Texas Attorney General Ken Paxton praised Tuesday’s decision. "The president’s attempt to do this by himself, without a law passed by Congress and without any input from the states, is a remarkable violation of the U.S. Constitution and laws," Paxton said.

Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.

The first of Obama’s orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.

Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government’s attorneys.

The Justice Department has also asked the 5th Circuit to reverse Hanen’s overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.

So, for now, Obama’s executive action to grant amnesty for millions of illegals remains on hold.

I welcome your comments, likes, shares and following of my blog! (If not visible, click the red title at top)

Interesting ATRIDIM NEWS JOURNAL Links:

Illegal Immigration

President Obama

For lots of great topics … check the ‘Categories’ list and cloud in the left hand column

Blogosphere is on fire over Obama’s mass release of illegal aliens under guise of Sequester cuts … It smells like a political rat

Captain Rick: Blogs across America have exploded in the past few hours as they “smell a political rat” by President Obama’s mass release of illegal aliens in advance of and under the disguise of Sequester spending cuts. I have seen big political moves, but this one “takes the cake”. 

This appears to be a political move by President Obama to pressure Republicans to cave on automatic Sequester spending cuts which go into effect on on Friday. Those reading my previous reports, know that these cuts are necessary as a result of a total breakdown of Washington being able to legislate fiscal responsibility. It is a shame that our President has to resort to dirty politics by scaring Americans in order to continue his obsession for spending trillions of dollars beyond America’s means.

The Immigration and Customs Enforcement agency (ICE) confirmed that it has released hundreds of immigrants awaiting deportation trials over the past few days to prepare for the sequestration slated to kick in March 1.

House Speaker John Boehner (R-Ohio) told CBS News it is "very hard for me to believe that they can’t find cuts elsewhere in their agency."

My state of Arizona contains the most porous corridor for illegal aliens entering the U.S. It’s a very important issue for the citizens of Arizona. I received an email from Jan Brewer, Governor of Arizona. She sums up this political move with excellence. I share her words with you below.

Message from Jan Brewer, Governor of the great state of Arizona

I’m appalled to learn the U.S. Department of Homeland Security has begun to release hundreds of illegal aliens from custody, the first of potentially thousands to soon be freed under the guise of federal budget cuts. This is pure political posturing and the height of absurdity given that the releases are being granted before the federal ‘sequestration’ cuts have even gone into effect.

This represents a return to exactly the kind of catch-and-release procedures that have long made a mockery of our country’s immigration system. The news is especially concerning when coupled with DHS’ acknowledgment that it may not be able to maintain operation of 34,000 immigration jail beds, as mandated by Congress.

Everyone knows the federal government must get a handle on spending, and it is well past time that the President begins working with Congress to find real budget solutions. But we cannot let public safety and the rule of law be collateral damage of the President’s failed leadership to pass a budget.

My very best,

Jan Brewer

More info from previous reports:

Fiscal Cliff: https://atridim.wordpress.com/category/fiscal-cliff-course-101/

U.S. Debt Crisis: https://atridim.wordpress.com/category/u-s-debt-crisis/

“Papers please” provision of Arizona’s SB1070 Immigration Law now in effect … what does it mean?

Captain Rick:

The most controversial part of Arizona’s SB1070 Immigration Law took effect on Tuesday, September 18, 2012 when U.S. District Court Judge Susan Bolton signed the order. It dissolved the injunction she issued over two years ago blocking Arizona from enforcing key provisions of SB1070. Tuesday’s action was prompted by the U.S. Supreme Court ruling in June that said she was legally incorrect in enjoining the section which requires police to question those they have stopped if there is a reason to believe they are in the country illegally. It also said there was no evidence that the Arizona law conflicted with federal law.

SB1070 requires that the law must be enforced consistent with existing anti-discrimination laws, but it does allow someone’s race to be considered as a factor, though not the only one, in determining who to question. Arizona law enforcement officers have had this ability as an option prior to SB1070, but what SB1070 does is makes it mandatory for police to ask for “papers” if they suspect the person they have stopped for another reason could be in the country illegally. Currently police can choose to not to raise the question and release those stopped after rectifying the reason for the original stop. Under SB1070, police are required by law to raise the issue. That is a significant change of law. Arizona is now the first state with a “papers please” law.

President Obama’s recent action potentially gives “papers” to a new class of up to 1.4 million of the 12 million illegal immigrants in the United States who were brought here illegally as children, who can apply for “deferred action” status to be allowed to remain in the U.S. This is largely dependent on Obama’s reelection. If upheld, they will be not be affected by this new Arizona law, however the remaining 10+ million illegal immigrants who venture onto Arizona roadways and are stopped for a violation will.

A big question remaining … what will be the response of the federal government when Arizona police begin increasing the number of illegal immigrants referred to them? Will the federal government “turn its head” a bit farther and simply ignore a greater number of illegal immigrants?  Will the federal government increase deportation or build new prisons to house them? Will the U.S. Legislature pass stricter immigration laws and place more emphasis on securing the border … or will it continue its current course of basically “turning its head” on the whole matter … leaving the states to fend for themselves, paying the heavy costs of illegal immigration as has been apparent in recent years.

Other states are expected to adopt similar legislation in the coming months and years as the ramifications of this new Arizona immigration law plays out on the roadways of Arizona, in the courts and in the United States Legislature.