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November 15, 2013

President Obama Unilaterally Rewrites Obamacare – Again
Judicial Watch in Court against Cook County, IL, Sherriff for Refusing to Honor Immigration Detainers
Government Spying Out of Control
Investigative Reporter, Clinton Expert, Joins Judicial Watch

President Obama Unilaterally Rewrites Obamacare – Again

He did it again. Facing a deluge of criticism for lying about the fact that his Obamacare law would cause health insurance plans to become cancelled for millions of Americans, President Obama has decided once again to thwart Congress, chuck the U.S. Constitution out the door and rewrite the law.

As reported by The Washington Times:

President Obama turned to prosecutorial discretion yet again Thursday as he tried an end run around Congress, claiming unilateral authority to let companies continue to offer health care plans under Obamacare even if those plans violate his namesake law.

It’s the latest example of the White House trying to work around Congress and instead take action on its own, and in this case it comes as Mr. Obama seeks to stop a wholesale abandonment of his health law by Democrats who have watched the rocky rollout.

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Here’s how this new scheme works. The Obama Department of Health and Human Services has notified the nation’s state insurance commissioners that they now have federal permission to allow consumers who already have insurance policies that do not meet the requirements of Obamacare to keep them through 2014. (At least one state commissioner rejected the president’s offer within hours of its announcement.)

This is not the law passed by Congress and signed by the president. This is a brand new law, crafted by Obama to deflect criticism for the terrible consequences of his terrible health care overhaul. It is, “extralegal” as noted by the Weekly Standard, to say the least.

And if this outrageous abuse of power was supposed to calm the nerves of Democrats, it failed. Democrats in Congress are pushing forward with dubious legislative fixes of their own, while a number of liberal power brokers, including Howard Dean, wondered aloud if President Obama had the authority to change the law. (As I said; he didn’t.)

If it was supposed to elicit the support of health insurers, it failed. “Changing the rules after health plans have already met the requirements of the (Obamacare) law could destabilize the market and result in higher premiums,” Karen Ignagni, president of the industry trade group America’s Health Insurance Plans (AHIP), said in a statement.

As CBS News pointed out, the president’s act of extralegal desperation represents a massive flip-flop: “The president’s stance on the matter has shifted significantly in the past few weeks – while he has now apologized for the issue and has acknowledged it is a problem, he initially suggested that he wasn’t breaking his promise.”

Obama maintained this defensive posture, perhaps hoping the press would bail him out, until the dam broke and the flood of criticism proved too much for the president and his apologists to overcome.

This is now an established modus operandi for this president. When he runs into trouble, he first looks for the sympathetic press to defend him. And when the problem is too big for them, he does whatever it takes to win back favor – rule of law be danged.

We saw this when he delayed the “employer mandate” provision of Obamacare to avoid catastrophic political results on Election Day 2013. (JW filed a lawsuit on behalf of Florida orthodontist Dr. Larry Kawa over the president’s flagrant constitutional overreach.)

The last straw was when members of the Democratic Party, led by Bill Clinton, turned tail and sprinted away from the president over Obamacare. And who could blame them? Look at the dismal numbers as reported by Breitbart.  Only 27,000 “enrolled” via the federal healthcare exchange – a number that overstates the number of those who actually purchased insurance.  Let me put it this way, there will be more of you who read this email than the number of Americans who purchased Obamacare through its $637 million train wreck of a site.

Yet seven million were expected to lose their health insurance by year’s end. In fact, five million had already received cancellation notices by the time Obama decided to ride in and “save the day” with his unconstitutional power grab.

The Obamacare rollout has been disastrous from the start – characterized by website “glitches,” outright lies, broken promises and desperate calls from the Obama White House for consultants to come clean up the mess – at taxpayers’ expense, of course.

Folks, all of this was an inevitability. JW opposed Obamacare from the start because we felt it was unconstitutional, unwise, and unsound. Nonetheless, the president managed to ram it through Congress and squeak it past the United States Supreme Court (thank you, Chief Justice Roberts). And, as it stands today, it is the law of the land.

But there could be a silver lining in these latest developments. As I noted with our lawsuit for Dr. Larry Kawa against the Obama administration’s decision to delay the employer mandate, the best way to ensure the repeal of a bad law is to enforce it vigorously – to paraphrase former President Ulysses S. Grant.

Now supporters of the president, and Obamacare, are forced to live with the law and all of its disastrous consequences, the president’s last-ditch, face-saving attempt notwithstanding.  This isn’t over.

I want you to know that Judicial Watch has launched a comprehensive investigation into the Obamacare rollout fiasco. We have filed more than a dozen Freedom of Information Act (FOIA) requests with government agencies including the Office of Management and Budget, the Office of Personnel Management, the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the White House Office of Health Reform demanding public documents on issues including the design; deployment and testing of the Healthcare.gov website; the security of personal information on that website; the involvement of the insurance industry in planning the rollout; and the involvement of Organizing for America, Obama’s personal political organization, a designated “champion for coverage” in the rollout phase.

And all that just scratches the surface of our Obamacare accountability effort.  Stay tuned.

Judicial Watch in Court against Cook County, IL, Sherriff for Refusing to Honor Immigration Detainers

Federal law is clear. When Immigration and Customs Enforcement issues an “immigration detainer” after an illegal alien has been arrested, local law enforcement officers are required to maintain custody of the alien for 48 hours.

And the law prohibits local and state officials from prohibiting their employees from communicating with federal immigration officials regarding the legal status of individuals they arrest.

Cook County, Illinois, Sherriff Thomas Dart has ignored these federal mandates for two years, refusing to honor immigration detainers and blocking federal immigration officials from accessing records regarding prisoners in his custody. This is now the subject of a Judicial Watch taxpayer lawsuit. Our lawyers will be traveling to Obama’s hometown Chicago next Tuesday for an important court hearing over whether to dismiss our case.

Dart says federal immigration law enforcement is optional – merely a “request” from federal officials. But before getting to JW’s legal arguments, let’s take a look the plain language of the regulation (8 CFR § 287.7) and statute (8 USC § 1373) as they pertain to the two issues in question:

  1. Notice of Detainer: “Upon a determination by the [U.S Department of Homeland Security] to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays and holidays in order to permit assumption of custody by the Department.”
  2. Communication: “Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [federal immigration officials] information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

Do these sound like requests to you? Not to me, or JW’s attorneys. And that’s the point.  Per JWs latest court filing:

“[The law] could not be any clearer…on its face, a detainer issued under [the law] is a direction from the U.S. Department of Homeland Security – in particular ICE – to a criminal justice agency – in this case [Dart] – to do something. He must maintain custody of the alien subject to the detainer for not more than 48 hours beyond the time that the alien would otherwise be released. The duty could not be clearer, and it does not authorize, much less require, the exercise of any discretion of decision-making.”

“[The law] imposes clear and mandatory legal duties on [Dart]. By prohibiting…personnel or employees from responding to inquiries by federal immigration officials about prisoners’’ citizenship or immigration status [Dart] is defying his duties…By prohibiting federal immigration officials from having access to prisoners or the records of prisoners in [Dart’s] custody or using…facilities for investigative interviews to obtain information about prisoners’ citizenship or immigration status, [Dart] is also defying his duties [under the law].”

As you may recall, JW brought its lawsuit on behalf of Illinois resident Brian McCann, whose brother, Denny McCann, was run over and killed in June 2011, by an unlawfully present alien who had just completed a two-year term of probation for a 2009 DUI conviction.

We must never forget that these lawless sanctuary policies that help illegal aliens remain “above the law” always have real victims with real families.  I will be sure to let you know how things turn out.

Government Spying Out of Control

Another bombshell press report hit the wires on Thursday regarding the Obama administration’s Big Brother data collection scheme.

Per McClatchy:

U.S. agencies collected and shared the personal information of thousands of Americans in an attempt to root out untrustworthy federal workers that ended up scrutinizing people who had no direct ties to the U.S. government and simply had purchased certain books.

The intent was to gather information about two government employees reportedly teaching people how to pass lie detector tests. Investigators believed some of the individuals who received this instruction might use the information to gain government security clearances they might otherwise not be able to obtain.

In the course of this investigation, federal officials gathered information on 4,904 individuals. They then shared the data with officials from as many as 30 other federal agencies (including the CIA and IRS) that in turn put these “suspects” on government “watch lists.”

And here’s the problem. Not all of these people were government employees. In fact, not all of them even received the lie detector instruction!

It turned out, however, that many people on the list worked outside the federal government and lived across the country. Among the people whose personal details were collected were nurses, firefighters, police officers and private attorneys, McClatchy learned. Also included: a psychologist, a cancer researcher and employees of Rite Aid, Paramount Pictures, the American Red Cross and Georgetown University.

Moreover, many of them had only bought books or DVDs from one of the men being investigated and didn’t receive the one-on-one training that investigators had suspected.

These new reports come on the heels of the NSA controversy, which involved the agency’s program to stockpile personal data on American citizens, including phone and Internet records, for the alleged purpose of protecting the country from the threat of terrorism.

Judicial Watch is already uncovering records related to the NSA data mining controversy. In fact, last week, we released documents demonstrating that key advisors to the president expressed deep concern over the NSA’s activities.

The documents include a series of emails between members of President Obama’s newly created Review Group on Intelligence and Communications Technologies (Review Group) and the Privacy and Civil Liberties Oversight Board (Oversight Board).

The emails, obtained pursuant to an August 28, 2013, Freedom of Information Act (FOIA) request, show that Obama administration advisers had long standing concerns about the Patriot Act which authorized controversial NSA surveillance of Americans’ telephone and Internet activities.

And now we know, per these latest news reports, this “data mining” approach isn’t limited to programs designed to thwart terrorism.  Stay tuned…

Investigative Reporter, Clinton Expert, Joins Judicial Watch

As scandals within the Obama administration continue to proliferate, Judicial Watch is adding firepower to its legal and investigations teams. And I would like to close this week by extending a welcome to the newest member of the JW team, investigative journalist Micah Morrison.

Micah is a perfect fit for Judicial Watch’s investigations team.

As a senior writer and, later, chief investigative reporter for The Wall Street Journal editorial page from 1993 to 2002, Morrison led the investigations of the Clinton administration. He also reported on union corruption, Indian casino gaming, and the Bank of Credit & Commerce International (BCCI). He is co-editor, with Journal Editor Robert L. Bartley, of the six volume series, Whitewater: A Wall Street Journal Briefing. The newspaper nominated him four times for the Pulitzer Prize.

Of course, we are delighted to bring veteran journalist Micah Morrison onto the Judicial Watch team as we make a major push into investigative reporting. The media world we live in today presents many new opportunities for influential reporting to hold politicians and public officials accountable. Micah is well known for his integrity, fairness and enthusiasm for great stories. As Judicial Watch’s chief investigative reporter, he will work closely with our team of investigators and lawyers to get more of the truth of what our government is up to.

Morrison’s work has appeared in many publications, including The Wall Street Journal, New York Times, New York Post, Daily News, American Spectator and Parade Magazine. From 2007 to 2011, he was a consultant to Fox News for investigative projects, leading the reporting and writing for the Fox News special, “Iran’s Nuclear Secrets,” and contributing to FoxNews.com and the Fox Business Network. A graduate of Bennington College, he is the author of Fire in Paradise: The Yellowstone Fires and the Politics of Environmentalism (HarperCollins).

Micah, for his part, is eager to advance Judicial Watch’s educational mission to expose what the government is up to:

“I’m thrilled to be joining the Judicial Watch team. For nearly two decades, Judicial Watch has been the leading Freedom of Information Act requestor and litigator, holding government accountable and making it more transparent. Judicial Watch’s team of FOIA-focused investigators and lawyers is unmatched by any newsroom in America. Our new world of digital journalism, the Internet and social media, in addition to the legacy media, presents many opportunities for our reporting. I look forward to working with Judicial Watch to make the most of these opportunities in pursuit of great journalism.”

My guess is Bill and Hillary Clinton will be reading every word Micah writes for Judicial Watch!

Until next week…

Documents Reveal that Mexican Government Encourages Maximum Participation in U.S.-Funded Program

(Washington, DC) – Judicial Watch today released documents detailing how the U.S. Department of Agriculture (USDA) is working with the Mexican government to promote participation by illegal aliens in the U.S. food stamp program.

The promotion of the food stamp program, now known as “SNAP” (Supplemental Nutrition Assistance Program), includes a Spanish-language flyer provided to the Mexican Embassy by the USDA with a statement advising Mexicans in the U.S. that they do not need to declare their immigration status in order to receive financial assistance.  Emphasized in bold and underlined, the statement reads, “You need not divulge information regarding your immigration status in seeking this benefit for your children.”

The documents came in response to a Freedom of Information Act (FOIA) request made to USDA on July 20, 2012.  The FOIA request sought: “Any and all records of communication relating to the Supplemental Nutrition Assistance Program (SNAP) to Mexican Americans, Mexican nationals, and migrant communities, including but not limited to, communications with the Mexican government.”

The documents obtained by Judicial Watch show that USDA officials are working closely with their counterparts at the Mexican Embassy to widely broaden the SNAP program in the Mexican immigrant community, with no effort to restrict aid to, identify, or apprehend illegal immigrants who may be on the food stamp rolls. In an email to Borjon Lopez-Coterilla and Jose Vincente of the Mexican Embassy, dated January 26, 2012, Yibo Wood of the USDA Food and Nutrition Service (FNS) sympathized with the plight of illegal aliens applying for food stamps, saying, “FNS understands that mixed status households may be particularly vulnerable.  Many of these households contain a non-citizen parent and a citizen child.”

The email from Wood to Lopez-Coterilla and Vincente came in response to a request from the Mexican Embassy that the USDA FNS step in to prevent the state of Kansas from changing its food stamp policy to restrict the amount of financial assistance provided to illegal aliens.  In a January 22, 2012, article, the Kansas City Star had revealed that the state would no longer include illegal aliens in its calculations of the amount of assistance to be provided low-income Hispanic families in order to prevent discrimination against legal recipients.

The documents, obtained by Judicial Watch in August 2012, include the following:

  • March 30, 2012 – The USDA seeks approval of the Mexican Embassy in drafting a letter addressed to consulates throughout the United States designed to encourage Mexican embassy staffers to enroll in a webinar learn how to promote increased enrollment among “the needy families that the consulates serve.”
  • August 1, 2011 – The USDA FNS initiates contact with the Mexican Embassy in New York to implement programs already underway in DC and Philadelphia for maximizing participation among Mexican citizens. The Mexican Embassy responds that the Consul General is eager to strengthen his ties to the USDA, with specific interest in promoting the food stamp program.
  • February 25, 2011 – The USDA and the Mexican Consulate exchange ideas about getting the First Ladies of Mexico and United States to visit a school for purposes of creating a photo opportunity that would promote free school lunches for low-income students in a predominantly Hispanic school. Though a notation in the margin of the email claims that the photo op never took place, UPI reported that it actually did.
  • March 3, 2010 – A flyer advertises a webinar to teach Hispanic-focused nonprofits how to get reimbursed by the USDA for serving free lunch over the summer. The course, funded by American taxpayers, is advertised as being “free for all participants.”
  • February 9 , 2010 – USDA informs the Mexican Embassy that, based on an agreement reached between the State Department and the Immigration & Naturalization Service (now ICE), the Women, Infants & Children (WIC) food voucher program does not violate immigration laws prohibiting immigrants from becoming a “public charge.”

As far back as 2006, in its Corruption Chronicles blog, Judicial Watch revealed that the USDA was spending taxpayer money to run Spanish-language television ads encouraging illegal immigrants to apply for government-financed food stamps. The Mexican Consul in Santa Ana, CA, at the time even starred in some of the U.S. Government-financed television commercials, which explained the program and provided a phone number to apply. In the widely viewed commercial the Consul assured that receiving food stamps “won’t affect your immigration status.”

In 2012, Judicial Watch reported that in a letter to USDA Secretary Tom Vilsack, Alabama Senator Jeff Sessions questioned the Obama administration’s partnership with Mexican consulates to encourage foreign nationals, migrant workers and non-citizen immigrants to apply for food stamps and other USDA administered welfare benefits. Sessions wrote, “It defies rational thinking, for the United States – now dangerously $16 trillion in debt – to partner with foreign governments to help us place more foreign nationals on American welfare and it is contrary to good immigration policy in the United States.”

“The revelation that the USDA is actively working with the Mexican government to promote food stamps for illegal aliens should have a direct impact on the fate of the immigration bill now being debated in Congress,” said Judicial Watch President Tom Fitton. “These disclosures further confirm the fact that the Obama administration cannot be trusted to protect our borders or enforce our immigration laws. And the coordination with a foreign government to attack the policies of an American state is contemptible.”

To view all the documents, click here.

 ICE Calls Refusal to Honor Immigration Detainers or Cooperate with ICE Investigators a “Serious Impediment” to Public Safety

(Chicago, IL) – Judicial Watch announced today that it has filed a lawsuit in Cook County, Ill. Circuit Court challenging Cook County Sheriff Tom Dart’s refusal to honor ICE immigration detainers or cooperate with U.S. Immigration and Customs Enforcement (ICE) in identifying deportable criminal aliens.  Cook County jails have released as many as 1,000 criminal aliens sought by ICE in the past 18 months.

The lawsuit, Brian McCann v. Thomas J. Dart, is brought on behalf of lifetime Cook County resident Brian McCann, whose brother William “Denny” McCann, was run over and killed in June 2011 by an unlawfully present criminal alien who had just completed a two-year term of probation for a 2009 DUI conviction.  The alien, Saul Chavez, was charged with felony aggravated driving under the influence, but was released by Dart from a Cook County jail in November 2011 despite an ICE immigration detainer.  ICE issues detainers when it learns that criminal aliens are being held by state or local law enforcement officials.  The detainers require the criminal aliens be held for an additional 48 hours to enable ICE to take custody of them before they are released.  Chavez is now believed to have fled to Mexico.

Although federal and state law require Dart to honor immigration detainers and cooperate with ICE investigators, he has chosen to follow a September 2011, Cook County Ordinance directing him to refuse ICE detainers and deny federal agents access to Cook County facilities for investigative interviews.  In a January 2012 letter to Cook County Board of Commissioners President Toni Preckwinkle, ICE Director John Morton wrote, “Of great concern is the serious impediment the Ordinance poses to ICE’s ability to promote public safety through the identification of criminal aliens.”

The Judicial Watch lawsuit argues that Dart’s “failure to carry out his legal duties under both federal and state law is not authorized, excused, or justified by the Ordinance because that Ordinance is preempted by federal law.”

The release of Chavez is one of more than 1,000 instances cited by Judicial Watch where Dart has “regularly and routinely refused to honor immigration detainers issued by ICE, citing the provisions of the Ordinance,” including:

  • “At a public hearing on February 9, 2012 before the Board of Commissioners of Cook County, Defendant testified that, in the five month period between the enactment of the Ordinance on September 7, 2011 and February 9, 2012, Defendant released 346 prisoners in his custody who were the subjects of immigration detainers issued by ICE, and 11 of these persons subsequently committed new offenses.”
  • “By April 24, 2012 ICE had issued 432 immigration detainers to Defendant since the enactment of the Ordinance, but Defendant failed to honor any of the detainers.  According to a letter from the U.S. Department of Homeland Security to [then-]U.S. Senator John Kyl on that date, Defendant’s failure to honor ICE’s immigration detainers had “prevented ICE from considering removal proceedings against all but 38 of these individuals whom ICE had to locate independently and arrest following their release into the community.”
  • “Between April 24, 2012 and March 1, 2013, Defendant received approximately 503 additional immigration detainers issued by ICE, and, on information and belief, has declined to honor any of them, resulting in the release into the community of hundreds of additional prisoners sought by ICE.”

The lawsuit also alleges that despite Dart’s refusal to honor ICE immigration detainers or cooperate with ICE investigators, Cook County applied for and received nearly $2.3 million in State Criminal Alien Assistance Program (SCAAP) funds from the federal government in 2011 and over $1.7 million in SCAAP funds in 2012.  Over the five-year period from 2008 to 2012, Cook County reportedly applied for and received nearly $15 million in SCAAP funds from the federal government.  SCAPP funds are designed to fund the costs that state and local governments incur for holding criminal illegal aliens.

In the lawsuit, McCann asks the Circuit Court to compel Dart to comply with his legal duties to honor ICE detainers and to cooperate with federal immigration officials.  It also asks the Circuit Court to declare the Cook County Ordinance to be preempted by federal law.

“The federal government has determined that certain criminal aliens should not be let loose into the community and that releasing them undermines public safety.  Dart is thumbing his nose at the federal government and replacing federal immigration priorities with Cook County’s own immigration policy.  Releasing these criminal aliens before they can be taken into custody by ICE endangers the public.  Dart is not above the law.  Because the Obama administration hasn’t sued Dart in the president’s backyard, concerned citizens like Brian are bravely stepping up to the plate to protect the public.” stated Tom Fitton, Judicial Watch president.

Judicial Watch’s Illinois lawyer is Christine Svenson of the Svenson Law Offices in Chicago, Ill.

Judicial Watch announced today that it has filed two lawsuits against the U.S. Department Homeland Security (DHS) for failure to respond to its requests for public records under the Freedom of Information Act (FOIA).  The documents relate to the nature of health services and birth control services prescribed and/or provided to female and transgender detainees of U.S. Immigration and Customs Enforcement (ICE) based on revised detention standards published by ICE in 2011 (Judicial Watch v. United States Department of Homeland Security (No. 12-cv-0215 and No. 12-cv-0216)).

 As stated in the ICE document Performance-Based National Detention Standards 2011, “upon request, appropriately trained medical personnel within their scope of practice shall provide detainees with non-directive (impartial) advice and consultation about family planning and birth control, and where medically appropriate, prescribe and dispense birth control.”  The revised standards also specify conditions under which “ICE will assume the costs associated with a female detainee’s decision to terminate a pregnancy” in the case of rape or incest.

With regard to transgender detainees, the document notes that those “already receiving hormone therapy when taken into ICE custody shall have continued access to” and shall be provided with “transgender-related health care and medication based on medical need.”

On September 24, 2012, Judicial Watch sent a FOIA request to ICE, which is part of the DHS, seeking access to the following:

  • Any and all records pertaining to family planning or birth control services provided to detainees in ICE’s custody.
  • Any and all records pertaining to the termination of pregnancies by female persons in ICE’s custody, including records concerning transportation arranged for or provided to detainees for the purpose of receiving abortion services and any and all records regarding costs associated with such services.

On the same day, Judicial Watch sent a separate FOIA request to ICE seeking access to any and all records pertaining to hormone therapy and other health care services and medications provided to transgender detainees of ICE, as well the cost of any such services.

In both cases, the records being sought are for Fiscal Year 2011, or from October 1, 2010, through September 30, 2011.  The requests specifically stated that no information was being sought about the identity of any detainee or health care provider.

ICE has acknowledged receipt of both requests. A response regarding Judicial Watch’s request for records related to birth control services was due on November 19, 2012. A response to Judicial Watch’s request for records related to health services for transgender detainees was due on November 6, 2012. To date ICE has failed to respond to either these FOIA requests, prompting Judicial Watch’s lawsuits.

“It will surprise most Americans to know that illegal alien detainees can receive birth control, sex change procedures, and abortions courtesy of the U.S. taxpayer,” said Judicial Watch President Tom Fitton. “This is an embarrassing scandal for the Obama administration, which is why the administration has violated the law in refusing our requests for information.”

The gigantic U.S. immigration system operates under a cloak of secrecy, releasing thousands of dangerous criminals who avoid deportation and commit deadly crimes after being freed by the feds, a disturbing newspaper series reveals.

The three-part series (“Justice in the Shadows”) was published this week by Massachusetts’ largest newspaper after a yearlong investigation into what’s become the nation’s biggest law enforcement network after the 9/11 terrorist attacks. It is recommended reading for those interested in national security issues that affect everyone living in the U.S.

The vast and secretive U.S. prison system for immigrants has quietly released thousands, including killers, the investigation found. Last year alone, the system detained a record 429,247 immigrants but a culture of secrecy prevents the public from knowing their name. While the feds release hardcore criminals, thousands with no record—including the sick and elderly—are held for months in centers that treat them like delinquents.

Clearly the system is in disarray and a lack transparency only makes things worst. Part one of the newspaper series outlines this recipe for disaster and focuses on how Immigration and Customs Enforcement (ICE) routinely releases dangerous detainees to the streets of America without warning the public. In the past four years ICE has freed more than 8,500 detainees convicted of murder, rape and other crimes, according to the agency’s own statistics quoted in the story.

A disturbing number of foreigners have been arrested after their release, the probe found, including some for heinous crimes. The article includes a number of examples, including a murder so gruesome it made international headlines in 2010. It involved a Chinese illegal immigrant who was supposed to get deported after serving time for brutally assaulting his neighbor years earlier. Instead, ICE quietly let him go without warning the victim. The illegal alien came back to stab the woman and rip her heart and lungs out of her body.

Here are some other cases; an armed robber from Cuba shot and killed a Florida woman after getting released by ICE, reportedly because his native country wouldn’t take him back. In another, an armed robber from Vietnam massacred five people in San Francisco after ICE freed him, also because he couldn’t be deported. A Liberian national who went to jail for shooting a man kidnapped and robbed two people in Rhode Island after the feds released him. A Vietnamese man on parole for a previous felony murdered a teenaged girl and her mother during a kidnapping.

There are dozens of other examples that prove federal officials are releasing people that they know are dangerous without bothering to warn the public or notify crime victims. The culture of secrecy can be deadly to Americans and foreigners alike, the new

In a never-ending mission to accommodate illegal immigrants, the U.S. government has issued new federal detention standards offering arrestees a number of outrageous perks, including female hormone treatments for transgender men, abortions for women and “ethnically diverse” diet options.

It’s all part of the Obama Administration’s commitment to reform the immigration detention system so that its more humane, according to the Homeland Security agency—Immigration and Customs Enforcement (ICE)—responsible for the revamping. The “revised standards” will also improve medical and mental health services, increase access to legal services and religious opportunities, improve the process for reporting and responding to complaints and offer detainees with limited English proficiency translators.

Illegal immigrants will also receive generous and ethnically diverse options for a “nutritionally balanced diet,” an increase in visitation and better recreation programs and facilities. For instance, undocumented aliens in U.S. custody will now have access to a variety of exercise equipment, mandatory outdoor time in natural light and recreational options such as soccer, volleyball and basketball. Board games and television will be available as “sedentary activities.”

The chairman of the House Judiciary Committee, Texas Congressman Lamar Smith, says the new ICE detention manual sounds like a “hospitality guideline for illegal immigrants.” In a written statement posted on the committee’s website, Smith points out that the revised standards dramatically expand privileges and resources to illegal immigrants in federal custody “far and beyond” what’s required by law.        

“The administration goes beyond common sense to accommodate illegal immigrants and treats them better than citizens in federal custody,” Congressman Smith said. “The new detention manual contains extensive and customized details for each illegal immigrant’s stay, regulating everything from the salad bar to recreational activities to medical care.”

He further points out that illegal immigration already costs American taxpayers billions of dollars each year and this new detention system will only add to the tab. “The Obama administration consistently puts illegal immigrants ahead of the interests of American citizens and taxpayers,” Smith added.





The Homeland Security agency primarily responsible for shielding the country from foreign threats and removing dangerous illegal immigrants has been quite busy confiscating internet websites that help users download copyrighted music and movies.Its part of the Obama Administration’s effort to regulate the internet and control its content, though the official explanation is that the government simply wants to crack down on piracy and protect intellectual property. The feds are seizing the domains seemingly at will, according to industry insiders who claim that many don’t even host copyrighted material.So far Immigration and Customs Enforcement (ICE) has shut down 128 file-sharing music and movie websites as part of “Operation In Our Sites.” Anyone who clicks on the confiscated domains is greeted with a message that says they’ve been seized by ICE-Homeland Security investigations and reminds that copyright infringement is a federal crime that carries penalties of up to five years in prison and a $250,000 fine.Six websites were seized over the weekend, according to a blog that covers digital issues and has closely tracked the government operation since it was launched last year. All were shut down without warning because they were “associated with copyright infringement and counterfeiting.” The owner of one domain said the seizure was “pointless” and will soon be back with a different name.Halting the unauthorized sharing of hip-hop tunes may seem strange for a federal agency that claims on its web site to have a primary mission of promoting homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade and immigration. All the while, ICE fails to do its most important job of deporting violent illegal immigrant criminals and punishing companies that knowingly hire large numbers of undocumented workers.A number of cases in the last year help illustrate the agency’s shortcomings in these areas. For instance a drunken illegal alien with a criminal history and a revoked license killed a nun inVirginia because ICE released him on his own recognizance after two previous arrests. Judicial Watch has sued the Department of Homeland Security for records related to how the agency dropped the ball in the tragic case.A few weeks after the nun’s death another illegal alien, released by the agency while he awaited deportation, killed two people in a working-class Massachusetts city. A number of similar cases have also been reported through the years.ICE has also been derelict in punishing companies that hire large numbers of illegal immigrants, even after audits determine rampant violations. Internal ICE records obtained by a Houstonnewspaper last year reveal that the agency has allowed hundreds of companies throughout the U.S. to get away with hiring illegal aliens by closing audits that determine high percentages of workers with “questionable” documents. Maybe if the businesses download pirate music, they’ll get busted.

President Obama’s Department of Homeland Security endangered the lives of federal officers by waiting months to alert them of a notoriously violent Salvadoran gang’s plots to murder Immigration and Customs Enforcement (ICE) agents and their families.The daunting information was brought to Judicial Watch by outraged Homeland Security sources that provided the written memo warning ICE agents in the U.S. that the Mara Salvatrucha (MS-13) had specific plans to kill agents and their families in Virginia and Maryland. The problem is that Janet Napolitano’s agency sat on the intelligence for two months while federal officers risked their lives to protect the nation.As early as March the FBI obtained reliable information that a high-ranking MS-13 gang banger in El Salvadorordered the hit on ICE agents and their family members, according to Homeland Security sources. The FBI informant also said that MS-13 members who killed any ICE agent in Maryland or northern Virginia would get a $50,000 reward.For unknown reasons, Homeland Security officials sat on the information until this week while unsuspecting agents performed their duties. Distributed as an internal “Officer Safety Advisory,” the alert says that the agency is forwarding the information for “rapid awareness due to the threat specificity and the current elevated concern regarding drug cartel violence against US law enforcement personnel.”The MS-13 is a feared street gang of mostly illegal immigrants that’s spread throughout the U.S. and perpetrates violence to intimidate rival gangs, law enforcement and the general public, according to the FBI. In 2008 three atrocious MS-13 crimes received worldwide media attention. In San Francisco an MS-13 gang banger murdered a father and son with an assault weapon because their car blocked his from making a turn. In Los Angeles an MS-13 member just released from prison murdered a high school football star as the teen jock walked home from the mall. In Maryland a 14-year-old honors high school student was shot to death on a crowded public bus by an illegal alien who proudly revealed he belonged to the MS-13.A few years ago the Justice Department’s National Gang Intelligence Center (NGIC) published a report that said criminal street gangs like the MS-13 are responsible for the majority of violent crimes in the U.S. and are the primary distributors of most illicit drugs. Why on earth would Homeland Security officials wait to inform their own agents about specific death threats from this established criminal enterprise?

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