Imagine if he actually felt that strongly about the rights of actual American citizens…
Via Washington Examiner:
After executive amnesty was blocked in the courts and in the House the last two days, President Obama used his weekly radio address to ridicule House Republicans for blocking a vote on immigration reform, while promising that he would keep up the fight for undocumented immigrants.
“I’m going to keep doing everything I can to make our immigration system more just and more fair,” Obama said. “Last fall, I took action to provide more resources for border security; focus enforcement on the real threats to our security; modernize the legal immigration system for workers, employers and students; and bring more undocumented immigrants out of the shadows so they can get right with the law.”
“Some folks are still fighting against these actions,” Obama said, without directly naming the legal hurdles his executive actions face. “I’m going to keep fighting for them. Because the law is on our side. It’s the right thing to do. And it will make America stronger.”
More than 3,700 “Threat Level 1” criminal immigrants were released from custody last year, according to new data obtained by Congress and revealed by The Washington Times.
A report from The Times details how data from the Department of Homeland Security, obtained by House Judiciary Committee Chairman Bob Goodlatte (R-VA), show that the 57 percent of criminal immigrants released last year were discretionary – or the choice of Immigration and Customs Enforcement.
“Put aside the spin, and the fact is that over 17,000 of the criminal aliens released last year were released due to ICE discretion, representing 57 percent of the releases,” Goodlatte told The Times. “The Obama administration’s lax enforcement policies are reckless and needlessly endanger our communities.”
Last fiscal year ICE released more than 30,500 criminal immigrants from custody. Of the discretionary releases, The Times reports, more than 3,700 represented top threats.
The Obama administration has argued that many of the releases are due to a 2001 Supreme Court case, Zadvydas v. Davis, which prohibited the prolonged detention of immigrants if their deportation was unlikely in the near future, often in circumstances in which their country will not take them back.
The Times notes that with the new data, Goodlatte argues that releases due to the Zadvydas case were just 8 percent of the overall releases or 2,500 last year and the rest were either ordered by a judge or ICE failed to obtain travel documents.
ICE explained to The Times in a statement that each case is a judgement call.
“Not all Level 1 criminal aliens are subject to mandatory detention and thus may be eligible for bond,” ICE said to The Times.
“ICE personnel making custody determinations also take into consideration humanitarian factors such as deteriorated health, advanced age, and caretaking responsibilities. All custody determinations are made on a case-by-case basis taking into consideration the totality of circumstances in each case,” It added.
And while ICE looks to alleviate concerns by pointing out it continues to monitor those criminal immigrants it releases, according to The Times, the monitoring often fails to deter criminal immigrants from violating the terms of their release.
IRS Commissioner John Koskinen has confirmed to Congress that illegal immigrants granted amnesty under President Obama’s new programs could claim back refunds even when they never filed returns to pay their taxes in the first place.
Sen. Chuck Grassley, who had pressed Mr. Koskinen over the issue, released written responses Wednesday in which the commissioner admitted he’d botched the question earlier and, in fact, illegal immigrants granted the amnesty will now be able to claim refunds on tax returns they never even filed, thanks to the Earned Income Tax Credit.
“To clarify my earlier comments on EITC, not only can an individual amend a prior year return to claim EITC, but an individual who did not file a prior year return may file a return and claim EITC (subject to refund limitations under section 6511 of the Internal Revenue Code),” Mr. Koskinen said.
He insisted, however, that he doubts many illegal immigrants will take advantage of the loophole because they would have to be able to prove their earnings for those years they never filed returns.
“Filers would have to reconstruct earnings and other records for years when they were not able to work on the books,” he said.
Taxpayers must have Social Security numbers in order to claim the EITC, and illegal immigrants aren’t supposed to have numbers. But Mr. Obama’s new deportation amnesty grants illegal immigrants work permits, which are then used to obtain Social Security numbers.
IRS lawyers have ruled that once illegal immigrants get numbers, they can go back and refile for up to three previous years’ taxes and claim refunds even for time they were working illegally.
The lawyers said since the EITC is a refundable credit, that’s allowed even when the illegal immigrants worked off the books and never paid taxes in the first place.
“Section 32 of the Internal Revenue Code requires an SSN on the return, but a taxpayer claiming the EITC is not required to have an SSN before the close of the year for which the EITC is claimed,” Mr. Koskinen said. “At your request, the IRS has reviewed the relevant statutes and legislative history, and we believe that the 2000 Chief Counsel Advice (CCA) on this issue is correct.”
Mr. Koskinen had initially said illegal immigrants could claim refunds, but only for years they’d filed returns and presumably had paid some taxes.
Most of Mr. Obama’s amnesty is on hold after federal courts ruled he likely broke the law by acting on his own without Congress‘ approval and without putting his policy out for public review and comment.
But a 2012 policy that applies to so-called Dreamers, or young adult illegal immigrants brought to the U.S. as children, is in effect.
Homeland Security has approved 664,607 initial applications for Dreamers, and approved another 243,872 renewals over the last year, extending the initial two-year amnesty for another two years.
A federal appeals court upheld an injunction against President Obama’s new deportation in a ruling Tuesday that marks the second major legal setback for an administration that had insisted its actions were legal.
The U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas, which had sued to stop the amnesty, on all key points, finding that Mr. Obama’s amnesty likely broke the law governing how big policies are to be written.
“The public interest favors maintenance of the injunction,” the judges wrote in the majority opinion.
Mr. Obama had acted in November to try to grant tentative legal status and work permits to as many as 5 million illegal immigrants, saying he was tired of waiting for Congress to act.
The full amnesty, known as Deferred Action for Parental Accountability, or DAPA, had been scheduled to begin last week, while an earlier part had been slated to accept applications on Feb. 18. But just two days before that, Judge Andrew S. Hanen issued his injunction finding that Mr. Obama had broken the law.
Administration officials had criticized that ruling, and immigrant-rights advocates had called Judge Hanen an activist bent on punishing immigrants. But Tuesday’s ruling upholds his injunction, giving some vindication to the judge.
It also could mean Mr. Obama will have to appeal to the Supreme Court if he wants to implement his amnesty before the end of his term.
In the 2-1 decision, Judge Jerry E. Smith and Jennifer Elrod ruled in favor of Texas, finding that the state would suffer an injury from having to deliver services to the illegal immigrants granted legal status, and ruling that it was a major enough policy that the president should have sent it through the usual rule-making process.
“DAPA modifies substantive rights and interests – conferring lawful presence on 500,000 illegal aliens in Texas forces the state to choose between spending millions of dollars to subsidize driver’s licenses and changing its law,” the judges wrote.
Judge Stephen A. Higginson dissented from Tuesday’s ruling, saying he would have left the fight over immigration policy to the White House and Congress, saying Mr. Obama should have broad discretion to decide who gets deported and how he goes about that.
Just Higginson also said the fight was a political battle, not a legal one
“The political nature of this dispute is clear from the names on the briefs: hundreds of mayors, police chiefs, sheriffs, attorneys general, governors, and state legislators – not to mention 185 members of Congress, 15 states and the District of Columbia on the one hand, and 113 members of Congress and 26 states on the other,” he wrote.
Technically throw a contempt citation at them…
Via Washington Times:
The Obama administration blamed a technology glitch for why it continued to approve new amnesty applications in February, even after a federal judge issued an injunction, telling the court late Friday that they are now begging about 2,000 illegal immigrants to tear up their three-year work authorizations.
U.S. Citizenship and Immigration Services, the Homeland Security agency that approved the deportation amnesty applications for Dreamers despite the judge’s order, insisted it’s corrected the immigrants’ records at headquarters, but said it’s also asking the immigrants themselves to send back their three-year documents and accept two-year papers instead.
The agency also told Judge Andrew S. Hanen that more botched cases could still be found as employees dig through tens of thousands of applications.
President Obama’s lawyers are desperately trying to head off punishment by Judge Hanen after several embarrassing missteps.
During the month of March 2015, there were 67 illegal aliens charged with 205 various counts of sexual assault against North Carolina’s children, according to the citizens advocacy group known as NCFIRE.
View the entire report for yourself…
While the numbers will prove rather shocking to most, anyone who has been paying attention to the epidemic of child rapes occurring in that state at the hands of illegal aliens, will not be surprised, as there have been 5,675 such charges filed in North Carolina over the last 16 months.
A few examples of those charged from last month follow:
REYES, JORGE CILLATORO
Court Date: 03/09/2015
Charge(s): Three counts of sex offense w/child, three counts of indecent liberties with a child
RODRIGUEZ, JOSE LUIS
Court Date: 03/30/2015
Charge(s): Twelve counts of statutory rape, six counts of sex offense w/child, six counts of rape of a child
SAENZ-NOLASCO, JUAN CARLOS
Court Date: 03/09/2015
Charge(s): First-degree sexual offense with a child, rape of a child
Court Date: 03/10/2015
Charge(s): Three counts of statutory rape, two counts of indecent liberties with a minor, first-degree sexual offense with a child
TORRES, GABINO GONZALEZ
Court Date: 03/10/2015
Charge(s): Three counts of indecent liberties with a minor
Date of Arrest: 03/13/2015
Charge(s): First-degree sexual offense with a child
CRUZ, CARLOS ALBERTO
Date of Arrest: 03/09/2015
Charge(s): Two counts of indecent liberties with a minor
CHAVEZ, MIGUEL ANGEL
Date of Arrest: 03/05/2015
Charge(s): Statutory rape, indecent liberties with a minor
Date of Arrest: 03/10/2015
Charge(s): First-degree rape, first-degree sexual offense with a child, indecent liberties with a minor
Court Date: 03/09/2015
Charge(s): First-degree sex offense w/child, four counts of indecent liberties with a child