Leftist Judge Rules That Texas Can’t Outlaw Harboring Illegal Aliens

Federal Judge Says Texas Can’t Outlaw Harboring Illegal Aliens – Breitbart

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A federal district judge in San Antonio has issued an order stopping a Texas law criminalizing the harboring of illegal aliens, at least for now. The judge issued the preliminary injunction in MALDEF’s (Mexican American Legal Defense and Educational Fund) lawsuit challenging Texas House Bill 11, a law which open border advocates are fighting because they say it improperly targets illegal alien shelters and those who rent to illegal aliens.

The plaintiffs in the lawsuit are David Cruz of San Antonio and Valentin Reyes of Farmers Branch, Texas, and Jonathan Ryan. Cruz and Reyes are both landlords who do not check whether their tenants are legally in the country. Jonathan Ryan is the Executive Director of the Refugee and Immigrant Center for Education and Legal Services (RAICES).

The federal complaint states that “In his role as Executive Director of RAICES, Plaintiff Ryan provides shelter to immigrant women and children who are not authorized to be present in the U.S. and lack lawful immigration status. Many of the immigrant women and children sheltered by Plaintiff Ryan are asylum-seekers from East Africa and Central America who entered the U.S. without authorization and are in federal removal proceedings.”

The plaintiffs brought the lawsuit on January 24 and sued Texas Governor Greg Abbott, the Director of the Texas Department of Public Safety Steven C. McCraw, and members of the Texas Public Safety Commission.

The bi-partisan bill, signed into law by Texas Governor Greg Abbott on June 9, 2015, gives power to the Texas Department of Public Safety, relates to military and law enforcement training, and the investigation, prosecution, punishment, and prevention of these offenses, it increases a criminal penalty, and authorizes fees.

The harboring provisions are part of a $800 million border security effort by the Texas Governor and the Texas legislature.

Breitbart Texas attended the ceremony when Abbott signed into law the toughest and most comprehensive border security plan of any state in the United States of America. The Governor noted that the Texas-Mexico border can be a gateway to crimes committed in other parts of the U.S.

As reported by Breitbart Texas, the legislative package provided historic levels of funding to secure the border, established a child sex trafficking prevention unit, strengthened penalties for human traffickers, increased funding for the border protection unit, and seeks reimbursement from the federal government for Texas funds spent on border issues. The Governor declared the plan a legislative priority, and one of his emergency legislative items during his State of the State address.

“We are doing this because border security has turned out to be a real challenge for the people of this state, not just on the border region but across communities across the entire state of Texas,” the Texas governor said at the ceremony. Because of the magnitude of the challenge, Abbott declared securing the border an emergency issue. He said Texas must respond to do what the federal government refused to do.

The bill became effective on September 1, 2015. The plaintiffs say the pertinent sections of the bill are unconstitutional because they violate the Supremacy Clause and attempt to regulate matters exclusively reserved to the federal government. They argue only the U.S. Congress has authority over these areas and the state law conflicts and interferes with the implementation and enforcement of federal laws and regulations.

The plaintiffs also claim that the law deprives the plaintiffs of liberty and property interests without due process of law and are “void for vagueness” in violation of the Due Process Clause of the Fourteenth Amendment. Finally, they argue that the law deprives them of the equal protection of the laws in violation of the Equal Protection Clause. The plaintiffs ask for attorneys’ fees and costs for bringing the lawsuit.

Texas officials assert that House Bill 11 was aimed at those who traffic humans and smuggle them into the country illegally for money. The law criminalizes harboring or shielding an illegal alien with the intent to obtain a pecuniary benefit, and harboring illegal aliens that are members of a street gang.

The penalty for a harboring violation is a third degree felony and carries a possible sentence from 2 to 10 years in prison and a fine of up to $10,000. If the harbored illegal alien is under the age of eighteen, or the harboring creates a substantial likelihood that the illegal alien will suffer serious bodily injury or death, the offense is a second degree felony that carries a possible prison sentence of life, or 2-20 years in prison and a fine of up to $10,000. If the person becomes a sexual assault victim, or suffers other serious bodily injury or death, it is a first degree felony and the possible penalty is 5-99 years in prison and a fine of up to $10,000.

Governor Abbott responded to the news of the preliminary injunction by stating, “This is absurd.” The governor of the Lone Star State said he would appeal the federal judge’s order blocking the Texas law that criminalizes concealing illegal immigrants.

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U.S. Navy Veteran’s Family Just Wants Obama Regime To Treat Them Like It Treats Illegal Aliens

Family Of Late Navy Seal Vet Fighting Deportation – WFXT

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The family of a highly decorated U.S. Navy Seal veteran who died of cancer two months before his wedding is fighting the deportation of his Thai fiancee, the mother of his 11-year-old daughter.

Tim Farrell served 21 years for his country before moving to Thailand in 1998. There, he met Bao, and in 2004, the couple welcomed their daughter, Thawan.

Tim, a North Andover native, was diagnosed with terminal cancer in June, and, by August, he had bought a house and moved his family to Derry, New Hampshire, so that Thawan could continue the education she started at a prestigious English-language school in Thailand. Tim had always planned to move his daughter to the United States for school, but hastened his plans as he became sick.

Tim died on Dec. 26, two months before he and Bao were to marry and get Bao a green card. Now Bao’s visiting visa has expired and she has filed for an extension through August, as Tim’s siblings reach out to attorneys and politicians in the hope of securing her a green card.

Thawan is a U.S. citizen and can stay in the country, but, at just 11 years old, the fifth-grader needs her mom.

“It’s been really hard without my dad, and my mom is here for me. So that’s why I really want her to stay with me,” Thawan said, through tears. “I want to ask them, ‘Why she can’t stay here with me?”

But attorneys and the offices of elected officials have told the family the situation is bleak and there may be no avoiding deportation.

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“I literally was standing by his bed when he died, and I told him, ‘I’ll make sure your family stays here,'” said Tim’s sister Janice Moro, who started an online petition to help her sister-in-law stay in the country. “I can’t expect that anyone would want to separate mom and daughter.”

Immigration attorney Randall Drew, whose office is in Bedford, New Hampshire, told FOX25’s Christine McCarthy that the family’s situation is dire, but there are some possible options.

“It’s a pretty tough spot to be in,” Drew said. “What needs to happen is the government needs to execute some prosecutorial discretion and allow her to stay, grant her something called deferred action or perhaps humanitarian parole.”

That outcome is rare, Drew said, but the family’s situation is extreme.

Another possibility, Drew said, is to apply for a green card through a common-law marriage after death.

“There is a section in the New Hampshire law that states, if you’ve lived together as a married couple and held yourself out as such for the past three years or more and one of the partners dies, under that limited set of circumstances, the person can be recognized as the spouse of the deceased,” Drew said.

If Bao qualifies as a common-law spouse, she would then need to self-petition for her green card as the spouse of a service member. That, in conjunction with proof that Tim’s time in the service might have contributed to his illness or aggravated it, could help her.

Drew recommended the family reach out to elected officials and appeal for help, while also working with both an immigration attorney and a family law attorney.

“It doesn’t seem fair,” Moro said. “Twenty-one years he gave for this country. They should be able to do something.”

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Thanks Barack… Illegal Aliens Benefitted From Up To $750M In Obamacare Subsidies

Senate Report: Illegal Aliens Benefitted From Up To $750 Million In Obamacare Subsidies – Weasel Zippers

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Didn’t Obama say illegal aliens would not be getting subsidies?

Via Fox News:
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Illegal immigrants and individuals with unclear legal status wrongly benefited from up to $750 million in ObamaCare subsidies and the government is struggling to recoup the money, according to a new Senate report obtained by Fox News.

The report, produced by Republicans on the Senate Homeland Security and Governmental Affairs Committee, examined Affordable Care Act tax credits meant to defray the cost of insurance premiums. It found that as of June 2015, “the Administration awarded approximately $750 million in tax credits on behalf of individuals who were later determined to be ineligible because they failed to verify their citizenship, status as a national, or legal presence.”

Keep reading

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Sweden: 14,000 Illegal Aliens Under Deportation Orders Disappear Without A Trace

Uh Oh: 14,000 Illegal Immigrants In Sweden Disappear Without A Trace – Progressives Today

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Bernie Sanders thinks America should be more like Sweden. Does his thinking include thousands of illegal immigrants who suddenly go missing?

Truth Revolt reported:
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Sweden: 14,000 Illegal Immigrants Disappear Without Trace

Of the 21,748 people who have been given deportation orders by Sweden’s Migration Agency last month – the largest number in history, by the way – 14,140 are registered by police as “departed” or “wanted,” the Swedish website The Local reports.

“We simply don’t know where they are,” said Patrik Engström, the head of the national border police.

It is unknown how many of the missing are still in the country or may have left for elsewhere in Europe. The rest of the illegals are either in refugee centers, in custody, or living in separate accommodations they have arranged for themselves, awaiting deportation.

The Swedish government has previously announced it wants to step up efforts to ensure that people without the legal right to stay in Sweden exit the country. But police say most of its resources are currently devoted to carrying out ID checks after Sweden stepped up border controls.

“It’s a huge task and it is completely dependent on the police being allocated resources,” said Engström.

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This could never happen in the United States. Right?

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*AUDIO* Mark Steyn Talks Islamic Terrorism With Howie Carr

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Over 80 Percent Of Illegal Aliens Shielded From Deportation By President Asshat

Under Obama More Than 80 Percent Of Illegals Shielded From Deportation – Big Government

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While the courts have blocked President Obama’s sweeping executive amnesty programs, other aspects of Obama’s immigration edicts have served to shield more than 80 percent of the illegal immigrant population from deportation, the Washington Times reports.

According to reporting by Stephan Dinan, the implementation of other executive actions on immigration announced exactly a year ago Friday – specifically the administration’s changes to “priorities” for enforcement – has essentially served to order “agents not to bother deporting nearly all illegal immigrants.”

The changes saw the Department of Homeland Security revamp the immigrants it prioritizes for enforcement to include mainly just serious criminal aliens, gang members, national security threats and recent border crossers. As Dinan reports:
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The changes are already having a major effect. Deportations, which peaked at nearly 410,000 in fiscal year 2012, dropped to about 230,000 in fiscal year 2015, which ended Sept. 30. But Mr. Johnson said more of those being deported are the serious criminals and safety threats he wants his agents to worry about.

Indeed, if agents adhere strictly to his priorities, some 9.6 million of the estimated 11.5 million illegal immigrants in the country have no real danger of being deported, according to an estimate this year by the Migration Policy Institute.

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Dinan notes that the changes to enforcement priorities were not the only actions that have made life easier for immigrants in the U.S. and those seeking admission.
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The actions – often mislabeled by the press as executive orders – also included changes to the legal immigration system, such as making it easier for spouses of guest workers to also find jobs; allowing foreigners who study science and technology at U.S. universities to remain and work in the country longer; pushing legal immigrants to apply for citizenship; and waiving the penalty on illegal immigrant spouses or children of legal permanent residents so they no longer have to go to their home countries to await legal status.

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*AUDIO* Ann Coulter: RINO Speaker Candidates And Illegal Aliens

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