‘Unconstitutional’: 9th Circuit Court overturns California’s ban on the use of private prisons and ICE detention centers

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SACRAMENTO, CA – On Monday, September 26th, the 9th U.S. Circuit Court of Appeals blocked the California state ban on for-profit prisons.

According to reports, the larger panel of the Circuit Court again blocked California’s first-in-the-nation ban on for-profit private prisons and immigration detention facilities.

In 2021, a three-judge appellate panel rejected the 2019 state law that would have phased out privately run immigration jails in California by the year 2028.

However, the law would have undermined a key piece of the nation’s detention system for immigrants, and according to the larger panel, this law is trumped by the federal government.

The law signed by Governor Gavin Newsom was one of many efforts to limit California’s cooperation wit the federal government as then-President Donald Trump imposed hardline policies are immigration enforcement.

The 11-member appellate panel said that the state law is preempted by the federal government under the U.S. Constitution’s “supremacy clause.” It sent the case back to the trial court for a decision on other legal arguments.

The Geo Group Inc., which operates two privately run facilities in California, sued to block the law. As of this writing, neither Geo or U.S. Immigration and Customs Enforcement (ICE) commented on the ruling. For the panel’s eight-member majority, Circuit Judge Jacqueline Nguyen, wrote:

“AB 32 would prevent ICE’s contractors from continuing to run detention facilities, requiring ICE to entirely transform its approach to detention in the state or else abandon its California facilities. California cannot exert this level of control over the federal government’s detention operations.”

California Attorney General Rob Bonta had asked the larger appellate panel to reconsider a ruling. He wrote the law when he was in the state Assembly. His office said it is still reviewing the decision, but is “deeply disappointed” by the decision. His office wrote in a statement:

“The law was enacted to protect the health and welfare of Californians and recognized the federal government’s own documented concerns with for-profit, private prisons and detention facilities.”

Two of the eight judges agreed with Nguyen on only part of the majority’s ruling. Three of the panel’s 11 members dissented from the majority ruling, with Chief Judge Mary Murguia holding that the law is valid “because it neither directly regulates nor discriminates against the federal government.”

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Both She and Ngyuen are appointees of President Barack Obama.

The Dignity not Detention Coalition, which sought the California law, in a statement called the Biden administration’s support for the lawsuit “another grim marker of the administration’s descent into Trumpian immigration policy.”

The organization urged the administration and Congress to not only end the contracts but to entirely end funding for immigration detention.

According to reports, the 9th Circuit said that the government has come to rely almost exclusively on detention centers operated by GEO group and other companies.

The court added that California, the largest state in the country, does not have the authority to interfere with the federal government’s operations.

California’s law prohibits the operation of any private detention facility in the state, including prisons, but the lawsuit only challenged the ban on immigrant detention centers.

Immigrant advocates have said that private facilities often are overcrowded and understaffed, subjecting detainees to inhumane conditions.

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Report: Biden immigration policies cause nearly 2 million illegal immigrant crossings since taking office

September 11th, 2022

UNITED STATES – Since President Joe Biden has taken office, the United States has seen an historical flooding of immigrants illegally crossing the southern border.

Now, the Biden administration is allegedly allowing so-called “legal” immigrants to receive Medicaid and food stamps without becoming a “public charge” and losing their green cards; all of this is said to be effective in December.

Official Customs and Border Protection (CBP) numbers show that there have been more than two million “migrant encounters” under Biden just this past fiscal year.

CBP data also show that 912,575 migrants have received Title 8 processing and are not part of the American system. The U.S. saw approximately 1.7 million migrant encounters last fiscal year.

At the end of July, Senator John Thune (R-SD) released an op-ed shaming the Biden administration for the southern border crisis, labeling it a “National Security Nightmare.”

According to his op-ed, in June, CBP encountered 207,416 individuals attempting to cross the southern border illegally. That number is the highest June number ever recorded in the history of the United States.

Thune stated that in the first nine months of the fiscal year, the country has already exceeding 2021’s record number of apprehensions. He wrote:

“The situation at our southern border remains out of control, although you’d never know it it hear the president administration. The flood of illegal immigration is so great that huge numbers of CBP officers have been pulled off the border to process immigrants, further straining enforcement.”

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With nearly 60 percent of CBP agents being assigned to process migrants, that takes them away from field work, which leaves the borders open to illegal activity including drug trafficking that is flooding the nation with fentanyl. Thune wrote:

“It also means that even with all the apprehensions the Border Patrol has made, many more individuals are getting through unstopped. It is a security nightmare.”

On his very first day in office, Biden rescinded the declaration of a national emergency at the southern border and halted the construction of the border wall. He also revoked a Trump administration order that called for the government to faithfully execute the country’s immigration laws.

Biden then had his Department of Homeland Security (DHS) issue guidelines pausing deportations, except under certain conditions. As Thune indicates in is op-ed, al of these day-one decisions effectively declared to the world that the United States’ border is open. Thune wrote:

“The president has also sought to significantly limit the ability of Immigration and Customs Enforcement to enforce immigration laws. Deportations dropped precipitously during fiscal year 2021, as did arrests in the interior of the country.”

He added:

“Illegal immigration, especially the kind of out-of-control illegal immigration we’re currently experiencing, has serious consequences. With CBP overstretched, it is easier for bad actors, including gang members, drug traffickers, and human smugglers, who prey on vulnerable migrants, to cross the border into our country.”

The president has talked about wanting to build a “fair, orderly, and humane” immigration system, but there is absolutely nothing humane about this current situation. Thun concluded his op-ed by saying:

“Encouraging illegal immigration, as the president’s policies have done, has contributed to a humanitarian crisis that saw at least 557 migrants die attempting to cross the southern border during fiscal year 2021. Just last month, 53 migrants died in an un-air-conditioned tractor-trailer after being smuggled across the border.”

He added:

“It was a sobering reminder of the human cost of policies that enable illegal immigration.”

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DC mayor denied request for help from the National Guard to assist with illegal immigrants overrunning city

August 7th, 2022

WASHINGTON, DC – Liberal Washington, DC Mayor, Muriel Bowser, recently made a request from the Department of Defense for the deployment of National Guard units in the city to help with the influx of illegal aliens flooding her streets.

A request that was quickly denied, leaving her to wonder what to do next.

Bowser, a card-carrying member of the Democratic party, has called out for help from the federal government over the influx of illegal aliens into her city.

She blames “political games” after Republican Governors Greg Abbott of Texas and Doug Ducey from Arizona have been chartering them out of their state into liberally run areas.

Why?  Because their states are overrun.

And of course she fails to recognize that if the illegal aliens were not allowed into the country, there would be no issue in the first place.

Bowser’s request to Democratic President Joe Biden’s Department of Defense Secretary Lloyd Austin was made on July 19th. In that request, Bowser informed him that her city has seen “over 4,000 individuals arriving on nearly 200 buses” since April. She added:

“Our collective response and service efforts have now become overwhelmed…our homeless services system is already under great strain; and tragically, many families arrive in Washington, DC with nowhere to go, or they remain in limbo seeking onward destinations across the United States.

“With pledges from Texas and Arizona to continue these abhorrent operations indefinitely, the situation is dire…and we consider this a humanitarian crisis – one that could overwhelm our social support network without immediate and sustained federal intervention.”

Shortly after sending that request through, she turned her pleas to President Biden’s Homeland Security Advisor Elizabeth Sherwood-Randall and Intergovernmental Affairs Director Julie Chavez Rodriguez, asking them to help with her request to the DOD.

She wrote:

“The DCNG was instrumental in our Public Heath Emergency and can be even more impactful in addressing the needs of asylum seekers…

I know the President shares my empathy, and I look forward to working with the administration to secure the DCNG and a federal facility to process migrants as they seek asylum and a better life in the United States of America.”

Regardless of Bowser’s apparent attempts to win President Biden’s favor, the Department of Defense sent a letter back to her stating that they will not be accommodating her request.

It read:

“After careful consideration, the Department has concluded it cannot fulfill your request…I understand a non-Governmental Organization, SAMU First Response has received federal grant funding via the Emergency Food and Shelter Program by FEMA for this mission.

Notably, this program supplements funding for humanitarian relief efforts by government and social service organizations for the purposes of providing shelter and supportive services to families and individuals.”

Bowser addressed the response at a news conference, saying that her office may attempt a second request.

She said:

“When we have a growing humanitarian crisis that we expect, that the federal government expects is only going to worsen I have got to deploy the resources that I need to handle it and we need our National Guard.”

Bowser, who once lauded former Democratic President Barack Obama’s several executive orders on immigration reform has certainly changed her tune from what she had said in 2014:

“We applaud the Obama Administration for looking to address immigration reform in a responsible and respectful way.

These new policies will ensure that thousands of undocumented immigrants in the District of Columbia are given a fair shot at the American Dream. They will also help protect families, improve our economy and strengthen our nation.”

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Senators demand info on known terrorists shuttled into the U.S. from Afghanistan under team Biden

WASHINGTON, DC- Before FBI Director Christopher Wray turned his tail and fled from a Senate hearing last week, he faced intense scrutiny from Senate Republicans over a number of issues, including a whistleblower report that the administration, when evacuating Afghanistan, also removed hundreds of individuals on the US Terrorist Watchlist.

Republican Senators Josh Hawley (R-MO) and Ron Johnson (R-WI) both have urged the Department of Defense to immediately launch a probe into the whistleblower’s allegations which state the administration evacuated hundreds of Afghans without properly vetting them prior to release into the United States, according to The Epoch Times.

 

The whistleblower says that some 324 Afghan evacuees who were on the DoD’s Biometrically Enabled Watchlist (BEWL) were improperly vetted. That list, said Hawley and Johnson, includes known suspected terrorists. Now they are demanding answers.

The Epoch Times notes the BEWL “identifies individuals whose biometrics have been collected and determined by analysts to be threats or potential threats to national security, including known suspected terrorists.”

Moreover, it is also alleged that the White House and Defense officials told agency personnel to “cut corners” and not conduct full fingerprint analysis on the evacuees at staging bases in Europe, ostensibly to enable “the rushed evacuation from Afghanistan.”

Yet still, the Department of Homeland Security authorized staff to delete old biometric data at their discretion, which the senators said was a “troubling development that could threaten national security and public safety.”

Last Thursday, Hawley and Johnson drafted a letter outlining the allegations exposed by the whistleblower to acting DoD Inspector General Sean O’Donnell.

“We write to you with concern over new allegations raised by a Department of Defense (DoD) whistleblower. This information may show the Biden Administration’s failure to vet those evacuated from Afghanistan was even worse than the public was led to believe. The following allegations demand an immediate investigation by your office,” they wrote.

The Department of Defense has previously acknowledged in a report that not all Afghan refugees were properly vetted “using all DoD data prior to arriving in” the United States by the National Counter-Terrorism Center.

Earlier this year, the DoD said it had identified 50 Afghans in the U.S. whose records show they could pose a significant security concern.

In their letter, Hawley and Johnson indicated they “understand that number has risen to at least 65,” while admonishing O’Donnell that they “need to be immediately located, fully vetted, and, if appropriate, deported.”

The new number of 324 Afghans on the watchlist are in addition to the 50 to 65 already confirmed.

The two senators asked O’Donnell now many BEWL matches were generated by submissions obtained from the Afghan refugees. Further, they asked if those who generated matches were denied entry into the U.S., admitted entry, or are currently within the United States.

The senators also asked for clarification as to whether NSC or DoD staff were urged to cut corners in processing the evacuees’ information, while also demanding clarification on the circumstances under which agency personnel are permitted to delete biometric data.

O’Donnell was also asked to specify the number of BEWL matches generated by Afghan evacuees after they arrived in-country, as well as what steps have been taken toward identifying, vetting, or deporting them, while also asking how many were known suspected terrorists, The Epoch Times reported.

That led to the questioning of Wray, who was slammed from a number of fronts, including Sen. Ted Cruz, who admonished the agency for declaring certain symbols or depictions from the American Revolution were indicators of right wing extremism.

 

Law Enforcement Today recently reported on that phenomenon, and that story may be found below.

Hawley pressed Wray about the whistleblower’s allegations, asking about the agency’s ability to track down and interview the 324 suspected terrorists. While he wasn’t able to provide specifics, Wray did admit that “there are a number of individuals, through our joint terrorism task forces, that we are actively trying to investigate.”

Wray, who spends more time dodging questions than actually answering them, claimed the FBI had staved off a number of actions related to the evacuees, but refused to get specific.

“I will say that this was a massive number of people to be vetting in an extraordinarily short period of time, and that in my view inevitably raises concerns,” Wray said when asked about allegations of cutting corners.

“Oh, I think you’re absolutely right about that,” Hawley interjected. “’Inevitably raises concerns’ I think is the nicest thing that could be said about it.”

Continuing, Hawley said:

“We know that the basic procedures were not followed. We know that the screening process was not followed. And now we know that potentially hundreds of people connected to terrorism are loose in this country as a result,” he finished as he ran out of time.

The Epoch Times reports the Biden administration admitted some 77,000 Afghans to the U.S. during the failed withdrawal from the country last August. That botched withdrawal resulted in the deaths of 13 American service members and countless Afghan citizens.

The airlifts out of the country were ostensibly for those who may have been threatened with retaliation by the Taliban for helping the U.S. during the 20-year war there. However the evacuation has been widely criticized and is yet another black mark on the Biden administration.

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