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Matthew Kolken on Deportation And Removal


  1. New Executive Order on Interior Immigration Enforcement

    by , 01-25-2017 at 03:05 PM (Matthew Kolken on Deportation And Removal)
    Office of the Press Secretary

    For Immediate Release January 25, 2017


    - - - - - - -


    By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.), and in order to ensure the public safety of the American people in communities across the United States as well as to ensure that our Nation's immigration laws are faithfully executed, I hereby declare the policy of the executive branch to be, and order, as follows:

    Section 1. Purpose. Interior enforcement of our Nation's immigration laws is critically important to the national security and public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for aliens who engage in criminal conduct in the United States.

    Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.

    Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest.

    Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.

    Sec. 2. Policy. It is the policy of the executive branch to:

    (a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code;
    (b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States;
    (c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law;
    (d) Ensure that aliens ordered removed from the United States are promptly removed; and
    (e) Support victims, and the families of victims, of crimes committed by removable aliens.

    Sec. 3. Definitions. The terms of this order, where applicable, shall have the meaning provided by section 1101 of title 8, United States Code.

    Sec. 4. Enforcement of the Immigration Laws in the Interior of the United States. In furtherance of the policy described in section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens.

    Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:

    (a) Have been convicted of any criminal offense;

    (b) Have been charged with any criminal offense, where such charge has not been resolved;

    (c) Have committed acts that constitute a chargeable criminal offense;

    (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;

    (e) Have abused any program related to receipt of public benefits;

    (f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or

    (g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

    Sec. 6. Civil Fines and Penalties. As soon as practicable, and by no later than one year after the date of this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States and from those who facilitate their presence in the United States.

    Sec. 7. Additional Enforcement and Removal Officers. The Secretary, through the Director of U.S. Immigration and Customs Enforcement, shall, to the extent permitted by law and subject to the availability of appropriations, take all appropriate action to hire 10,000 additional immigration officers, who shall complete relevant training and be authorized to perform the law enforcement functions described in section 287 of the INA (8 U.S.C. 1357).

    Sec. 8. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

    (a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).

    (b) To the extent permitted by law and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.

    (c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in a manner that provides the most effective model for enforcing Federal immigration laws for that jurisdiction.

    Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373.

    (a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.

    (b) To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.

    (c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction.

    Sec. 10. Review of Previous Immigration Actions and Policies. (a) The Secretary shall immediately take all appropriate action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on November 20, 2014, and to reinstitute the immigration program known as "Secure Communities" referenced in that memorandum.

    (b) The Secretary shall review agency regulations, policies, and procedures for consistency with this order and, if required, publish for notice and comment proposed regulations rescinding or revising any regulations inconsistent with this order and shall consider whether to withdraw or modify any inconsistent policies and procedures, as appropriate and consistent with the law.

    (c) To protect our communities and better facilitate the identification, detention, and removal of criminal aliens within constitutional and statutory parameters, the Secretary shall consolidate and revise any applicable forms to more effectively communicate with recipient law enforcement agencies.

    Sec. 11. Department of Justice Prosecutions of Immigration Violators. The Attorney General and the Secretary shall work together to develop and implement a program that ensures that adequate resources are devoted to the prosecution of criminal immigration offenses in the United States, and to develop cooperative strategies to reduce violent crime and the reach of transnational criminal organizations into the United States.

    Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate. The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

    Sec. 13. Office for Victims of Crimes Committed by Removable Aliens. The Secretary shall direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to establish within U.S. Immigration and Customs Enforcement an office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. This office shall provide quarterly reports studying the effects of the victimization by criminal aliens present in the United States.

    Sec. 14. Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.

    Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary and the Attorney General shall each submit to the President a report on the progress of the directives contained in this order within 90 days of the date of this order and again within 180 days of the date of this order.

    Sec. 16. Transparency. To promote the transparency and situational awareness of criminal aliens in the United States, the Secretary and the Attorney General are hereby directed to collect relevant data and provide quarterly reports on the following:

    (a) the immigration status of all aliens incarcerated under the supervision of the Federal Bureau of Prisons;

    (b) the immigration status of all aliens incarcerated as Federal pretrial detainees under the supervision of the United States Marshals Service; and

    (c) the immigration status of all convicted aliens incarcerated in State prisons and local detention centers throughout the United States.

    Sec. 17. Personnel Actions. The Office of Personnel Management shall take appropriate and lawful action to facilitate hiring personnel to implement this order.

    Sec. 18. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

    (i) the authority granted by law to an executive department or agency, or the head thereof; or

    (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


    January 25, 2017.

  2. 6 Ways Conservatives and the GOP Created Donald Trump

    by , 05-04-2016 at 03:53 PM (Matthew Kolken on Deportation And Removal)

    Here are the immigration parts via Reason TV:

    6. That God Dang Wall

    Long before Trump conceived of a plan to build a wall on the border with Mexico, Republican politicians from Sen. John McCain of Arizona to the former Massachusetts governor and 2012 Republican presidential nominee Mitt Romney were rallying the Republican base with promises of building some sort of barrier on the border. Further, with major Republican backing, Congress passed the Secure the Fence Act of 2006, which promised to build 700 miles of barrier along the border. They tried in 2009 and again in 2013 to get even more built. Too bad GOP politicians always forget that the majority of immigrants coming to America don't come across the border illegally but rather overstay their visas.

    5. A Big Middle Finger to Immigrants

    The way Donald Trump talks about immigrants seems scary. After all, he's said that "when Mexico sends its people, they're bringing drugs, they're bring crime, they're rapists." But his rhetoric is not that far off from conservative writers past and present at places like National Review. Reason's Nick Gillespie wrote:

    According to National Review's Ramesh Ponnuru, "a hard line" on immigration is not simply one issue among many but is now a "defining" issue for contemporary conservatism. At least going back to the 1990s, the magazine, despite being edited by an immigrant (the Brit John O'Sullivan) inveighed against immigration in article after article.

    4. Taking a Sh*t on Muslims

    You've probably heard about Donald Trump's proposal to temporarily ban Muslims from entering the United States by now. Many writers and politicians have dismissed the idea, but when Rep. Peter King (R-N.Y.) told a radio station that the ban "goes beyond American values," his sincerity has to be taken with a grain of salt. Why? King may have not advocated for a ban on Muslims, but he has long advocated for heavy surveillance of their communities. After the terrorist attack in San Bernardino, Calif., King said at a press conference that the way to stop future attacks was to allow more profiling of Muslims.
  3. Amal Alamuddin Clooney's Hypocritical Attack on Donald Trump

    by , 04-29-2016 at 02:30 PM (Matthew Kolken on Deportation And Removal)
    I just saw a blog post by my colleague Roger Algase that praises "human rights lawyer" Amal Alamuddin Clooney for her attacks on Donald Trump. Yes, that Clooney. The wife of $353,000.0 per plate "Gorgeous George" Clooney.

    Roger references an April 25, 2016 BBC interview where Mrs. Clooney stated the following:

    "When you listen to what the leading candidate on the Republican side has been saying about building walls, about excluding Mexicans and saying there has to be a complete shutdown on all Muslims entering the country...

    People I think should have been saying, 'Do you mean the 1.5 billion people around the world who fit that description, do you mean the people who are US citizens, who are members of your military, the vast majority of whom are not extremist or violent in any way?'"

    Oddly enough, I don't recall hearing Amal Clooney's opinion about her and her husband's chosen candidate Hillary Clinton. I wonder what Mrs. Clooney's thoughts are on Hillary's xenophobically racist statements dehumanizing undocumented immigrants? Or about Hillary boasting that she voted multiple times when in the Senate to build a wall? Since Clooney is a "human rights lawyer," it would be interesting to know what her opinion is on Secretary Clinton's insistence that we immediately deport immigrants without due process, "No questions asked." Or about Hillary's repeated calls to send refugee children back to unspeakable violence? Did Mrs. Clooney happen to opine on Hillary Clinton's dubious ties to the private for-profit prison industry, that in addition to Clooney, is funding Clinton's campaign? Or that 20 years of mass detention and abuse of immigrants have been directly attributed to policies Bill Clinton created and Hillary supported?

    I'm willing to hazard a guess that there are 353,000 per plate reasons why we haven't heard Mrs. Clooney's opinion on those subjects.

    Remember boys and girls, it is perfectly acceptable to bundle for a politician that has a history as a human rights violator so long as that person is a Democrat.

    Repeat after me: "A Republican would be worse."

    Here is what an actual in-the-trenches "human rights" lawyer has to say on the subject, one that isn't bundling for Clinton:

    As attorneys who represent over 300 Central American children with pending deportation cases in the New York Immigration Court and who have won relief for more than 200 children in the past two years, we believe it is unconscionable [to endorse] Hillary Clinton. ~Immigration lawyer Bryan Johnson

    I'm guessing Mr. Johnson won't be invited to the inauguration, which is too bad because as a fellow "human rights" lawyers I'm sure he and Mrs. Clooney would have much to talk about.

    Parenthetically, it is worth noting that our current President is already implementing Trump-like immigration policies towards Muslims and Mexicans, in addition to jailing refugee children in WWII style deportation internment camps, and deporting nearly 3 million people.

    I wonder what Mrs. Clooney's opinion is about that?

    I forgot... another Democrat.

    Updated 04-30-2016 at 05:14 AM by MKolken

  4. Is this the Origin of Donald Trump's Position on Birthright Citizenship?

    by , 08-28-2015 at 09:31 AM (Matthew Kolken on Deportation And Removal)

    "If making it easy to be an illegal alien isn't enough, how about offering a reward for being an illegal immigrant. No sane country would do that. Right? Guess again. If you break our laws by entering this country without permission and give birth to a child we reward that child with U.S. citizenship and guarantee a full access to our public and social services this society provides, and that's a lot of services. Is it any wonder that two-thirds of babies born at taxpayer expense at county run hospitals in Los Angeles are born to illegal alien mothers?" ~Senator Harry Reid

    Updated 08-28-2015 at 09:34 AM by MKolken

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