Whistleblower reveals DHS appropriations bill – and it looks like they’re trying to defund Border Patrol.

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WASHINGTON, DC- Last month, Law Enforcement Today wrote about far-left neo-Marxist radical Rep. Rashida Tlaib calling for the elimination of Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).

That article caught the attention of someone affiliated with one of those agencies, who drew our attention to the DHS appropriations bill for FY 2022. It appears that report is seeking to defund in part Customs and Border Patrol.

The first thing that caught our attention was on Page 4 of the document under “Civil Immigration Enforcement, as follows:

“Immigration detention is civil detention; almost no one in the custody of U.S. Immigration and Customs Enforcement (ICE) is a criminal in the sense of having been convicted of a crime for which they have not served a criminal sentence.”

The fact that they crossed the border illegally would appear to indicate they are, in fact, criminals. 

It continues:

“The bill continues to expand on ICE’s reliance on noncustodial, cooperative immigration compliance models by increasing funding for alternativs to detention (ATD) programs.

“This detention capacity for single adults will allow ICE to arrest, detain, and remove individuals who are enforcement priorities without over detaining anyone who is determined to be neither a flight risk nor a threat to public safety or national security.” 

In other words, catch and release…there, they said it without actually saying it. 

In that appropriations document, dated July 9, 2022, on Page 15 under the subtitle, “Review of Law Enforcement Officer (LEO) duties in which it suggests some duties currently performed by LEOs “can be conducted by individual other than LEO if currently executed by one.” Emphasis is added for all points of interest.

Review of Law Enforcement Officer (LEO) Duties—In lieu of increasing the number of Border Patrol Agents, CBP, or Detention and Deportation Officers in this Act, the Committee directs DHS to examine the feasibility and impact of reclassifying job functions that require an immigration officer to assess whether such functions can be conducted by individual other than an LEO if currently executed by one.” [emphasis added]  

The document then goes on to suggest the Secretary of DHS “engage with an independent entity that has expertise in such matters” for the purposes of reviewing the legal definition of immigration officers and employees as described in federal statutes “regarding their duties and responsibilities to determine” whether or not their current functions “can be executed by a non-LEO.”

“The Committee recommends that DHS decrease its reliance on LEOs for functions where the unique training, expertise and access to firearms available to LEOs is not required…”

The recommendations then call for a “decreasing reliance on LEOs for processing of recent border crossers into DHS systems.”

Continuing:

“The Committee requests that the review evaluate whether functions currently performed by LEOs could be reassigned to a non-LEO position to achieve a more efficient and effective use of resources.”

The document then directs DHS to brief the Appropriations Committed on the results of the above evaluations no later than 120 days after the date of enactment of the Act and include “recommendations for consideration in future budget requests and Congressional consideration.”

On page 40 of the document, things also get interesting, under the title “Civil Immigration Enforcement Operations.”

The recommendation includes changes to the PPA structure by replacing the ‘Enforcement and Removal Operations’ PPA [Program, Project and Activity] heading with ‘Civil Immigration Enforcement Operations’ (CIEO) to clarify its roles and responsibilities. In other words, they are replacing the criminal enforcement through sworn law enforcement officials with a civil program.

There is a plethora of mumbo jumbo that continues in this section. There is a lot of equivocating and vacillating which brings us to the next part of that section.

“The recommendation further modifies the CIEO sub-PPA structure by making the following changes:

  • The Custody Operations PPA funds civil immigration custody requirements for potentially removable single adults as they undergo initial processing for their immigration court proceedings and continued for those who pose a threat to public safety or national security, who are deemed to be a flight risk, or who have materially violated the requirements of the Alternatives to Detention (ATD) program.
  • The Immigration Absconder Operations (IAO) PPA replaces the Fugitive Operations PPA. This funding supports efforts to identify, locate, and take into custody potentially removable non-citizens who present a heightened threat to national security and public safety.
  • The Priority Immigration Enforcement Operations PPA replaces the Criminal Alien Program PPA and funds the transfer of removable or potentially removable noncitizens who have been incarcerated within federal, state, or local prisons and jails.
  • The Alternatives to Detention PPA funds the ATD program, a cooperative, noncustodial enforcement strategy that gives individuals a fair chance to comply with immigration court requirements while mitigating flight risk and noncompliance, which can include case management and, if needed, monitoring and check-in technology.The PPA also funds case management services, such as the facilitation of compliance with court hearings and final orders of removal; mental health services, human and sex trafficking screening, legal orientation programs, cultural orientation programs; connections to social services, and for individuals who will be removed, reintegration services.

    Such services may be made available to individuals released from DHS custody on parole, bond, or who are enrolled into an ATD program.

     

  • The Transportation Operations PPA replaces the Transportation and Removal Program PPA. Transportation Operations provides for the safe and secure transportation of non-citizens who either are subject to final orders of removal, are being transported to a detention for processing or longer-term detention or require transfer to a nearby municipal or non-profit shelter, another location within the local community, or a public transportation hub.

So, according to this document, it appears that DHS is being directed to remove all criminal enforcement from Customs and Border Patrol. In other words, CBP’s enforcement arm is being defunded and replaced with what appears to be a civil component.

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It looks like Tlaib may have gotten a portion of her wish. For our original reporting on this, we invite you to:

DIG DEEPER

The following contains editorial content written by a retired Chief of Police and current staff writer for Law Enforcement Today. 

WASHINGTON, DC- They still don’t get it.

Just this week, far-left neo-Marxist Rep. Rashida Tlaib (D-MI) once again called for eliminating U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS), once again spouting her ridiculous rhetoric that the agencies “terrorize migrant communities.”

“Time after time we have seen it as advocates on the ground [not near the border, apparently], as human service agencies on the ground. To continue to see over and over again that these agencies are inept to humanely guiding migrants through our immigration system,” said Tlaib, an anti-American radical during a discussion with Julie Mao from Just Futures Law, where they talked about digital walls, borders and deportations, National Review said.

“Instead they further continue to terrorize migrant communities located within our communities,” she said.

Tlaib, however has been silent on the unmitigated violence taking place across her state, as well as across the country, instead concerning herself with illegal aliens and not her own citizens, aka taxpaying Americans.

Last month, a bipartisan group of lawmakers from the state of Texas wrote an op-ed in the Dallas Morning News, warning that the U.S. is headed toward receiving “the highest number of total yearly border crossings in two decades.”

The essay was co-authored by Sen. John Cornyn (R-TX), Rep. Tony Gonzalez (R-TX), and Rep. Henry Cuellar (D-TX), one of the most outspoken Democrats about the Biden administration’s handling (or lack thereof) of the border crisis.

The representatives noted that nearly 930,000 migrants, including “almost 80,000 unaccompanied children” have illegally entered the United States in the past 8 months.

Of course Tlaib didn’t reserve her bile for only the federal agencies, last month criticizing the Biden administration for Kamala Harris’s statement during a news conference with the Guatemalan president.

In that statement, Harris said she said she wanted “to be clear to folks in this region who are thinking about making that dangerous trek to the United States-Mexico border: Do not come.”

“This whole ‘stay there and die’ approach is not how our country will promote a more humane and just immigration system,” Tlaib tweeted at the time.

According to Breitbart, recent reports showed funding numbers released by the Appropriations Committee in the far-left-controlled House decreased the funding for the “border controls and interior immigration enforcement, including stripping funding from border wall construction.”

Funding for CBP was cut by nearly $1 billion ($930 million) and $1.5 million for ICE compared to the previous year. Moreover, the “budget rescinds the previously appropriated $2.06 billion for border wall construction and provides no funding for additional U.S. Border Patrol agents,” reports said.

Continuing, the report read:

It also allows up to $100 million that was previously designated to build a border wall to instead be diverted to the Department of Interior.

Meanwhile, the budget shifts funds of $132 million for “new technology” along the border, a longtime talking point of Democrats and establishment Republicans who argue that a virtual wall is more feasible than physical barriers that stop or deter border crossers.

For ICE, the budget provides $332 million less towards the agency’s Civil Immigration Enforcement Operations while spending $475 million to expand alternatives to detention for illegal aliens that more easily allows detainees to be released into the U.S. interior.

“The budget prevents ICE agents from deporting an illegal alien who applies to sponsor an Unaccompanied Alien Child (UAC) and illegal aliens whose only criminal history is possession of marijuana,” the report read.

The Daily Caller reported that CBP apprehended some 180,000 illegal aliens at the U.S-Mexico border in May, after grabbing 178,000 in April and 173,000 in March. However ICE deported the fewest number of illegal aliens in the agency’s history, no surprise given the Biden administration’s virtual open border policies.

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For our reporting on the types of people Rashida Tlaib and the rest of the squad want to let into the country, we invite you to:

DIG DEEPER

TEXAS- Here we go again.

Law Enforcement Today (LET) previously reported McAllen Border Station (MCS) agents in Edinburg, Texas arrested a previously deported illegal immigrant who was convicted of rape and a separate MS-13 gang member.

In addition to that incident, U.S. Border Patrol agents reported that they recently arrested several rapists and over 100 illegal immigrants connected to human smuggling, with many hiding in “stash houses.”

In a news release on June 15th, Customs and Border Protection (CBP) stated that Rio Grande Valley Sector (RGV) Border Patrol agents arrested two sex offenders with crimes against children, after illegally entering the United States.

While working in Roma, Texas, RGV agents apprehended four illegal immigrants after they illegally entered the United States. A criminal record check identified Pedro Asuncion ORE-Quispe, a 43-year-old Peruvian national, as a previously removed sex offender.

In 2015, ORE-Quispe was convicted of Felony Rape of a Child under 16-years-old and sentenced to six to 14 years confinement. He was previously removed from the United States in 2020. Fort Brown Patrol Station agents working in Brownsville, Texas arrested two adult illegal immigrants who illegally entered the United States.

A criminal record check revealed that 44-year-old Mexican national, Marco Antonio RANGEL-Rangel to be a previously removed aggravated felon. RANGEL-Rangel was arrested for aggravated assault of a child in 2014 by the Harris County Sheriff’s Office in Texas.

In 2015, RANGEL-Rangel pleaded guilty to a lesser charge of Indecency with Child Sexual Contact, a 2nd-degree felony and was sentenced to five years confinement. He was previously removed from the United States in 2018. 

Border Patrol agents near Hidalgo, Texas arrested a group of 53 illegal immigrants on June 16th for illegal entry into the United States. One male Salvadoran national was identified during processing as a M3-13 gang member.

Soon after that incident, Border Patrol agents arrested 17 illegal immigrants, including an El Salvadoran national previously convicted and sentenced to six year’s probation for Rape in the third-degree. This individual was also previously deported from the United States.

On June 13th, Border Patrol agents from Laredo, Texas apprehended several individuals during a failed human smuggling attempt involving a commercial rental truck on Interstate 35 (I-35). Agents initiated a vehicle stop and discovered 27 undocumented individuals in the unventilated cargo area of the moving truck.

The temperature inside the cargo compartment was a sweltering 106 degrees Fahrenheit. None of the individuals were wearing personal protective equipment (PPE). They were medically screened and provided PPE.

All were placed under arrest along with the driver and passenger, both U.S. citizens. Chief Patrol Agent Matthew Hudak said in a statement:

“Though human smugglers may try different ways to attempt to avoid detection, our agents remain vigilant and committed to our border security and national security mission.”

On June 14th, RGV Border Patrol agents disrupted two “stash houses” being used for human smuggling. RGV agents in coordination with Texas Department of Public Safety (DPS) troopers, Hidalgo County Sheriff’s Office, and the Alton Police Department arrived at the property in Alton, Texas, which was suspected of being used for human smuggling.

Once on scene, officers witnessed several individuals fleeing the area from the location into the surrounding area. A CBP air unit assisted in the arrest of multiple subjects attempting to avoid apprehension.

A total of 108 illegal immigrants were taken into Border Patrol custody, including one identified caretaker. Within the group there were five unaccompanied children and two family groups with children as young as six-years-old.

Soon after, Border Patrol agents apprehended 23 adult illegal immigrants hiding in another stash house. In all, 131 illegal immigrants were arrested. 

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Texas Border Patrol agents nab 10 convicted sex offenders in one week, see 3,166% increase in sex offenders crossing illegally

May 29th, 2021

TEXAS – In the face of a massive influx of convicted illegal alien sex offenders, one Border Patrol Sector recently arrested 10 such criminals over the short span of a week.

The U.S. Border Patrol reports that agents in the Del Rio Sector in south-central Texas arrested 10 convicted sex offenders between May 17 and May 24, 2021.

Between May 17 and May 23, agents arrested several Mexican nationals who had felony convictions that included:

“forcible sexual abuse, sexual assault of a child under 14, sexual assault of a child, sexual assault, sexual conduct with a person under 13 and a registered sexual offender.”

Also during that time period, they arrested “two Honduran nationals with felony convictions for statutory rape, and second-degree sexual assault of a child.”

In addition, on May 24, agents arrested two additional Mexican nationals, one with a previous felony conviction for “lewd and lascivious molestation,” and the other with a previous felony conviction for “lewd and lascivious acts with a child.”

Del Rio Sector Chief Patrol Agent Austin L. Skero II said in a statement:

“The majority of these criminals were apprehended in our sector’s most remote areas, attempting to avoid detection by crossing far from populated areas.”

He continued:

“Our agents’ sign cutting and tracking skills were instrumental in capturing these criminals, preventing them from infiltrating our communities.”

The U.S. Border Patrol notes that these arrests represent part of a significant uptick in the number of convicted sex offenders crossing the border.  

95 convicted sex offenders have been arrested in the Del Rio sector alone since the beginning of fiscal year 2021, which represents a massive 3,166 percent increase over the same time period during the last fiscal year.

A group of attorneys general from several states has suggested that border-crossing sex offenders may be emboldened by the Biden-era cancellation of Operation Talon, an Immigration and Customs Enforcement operation that deported convicted sex offenders who were illegally living in the U.S.

Scag Letter to Biden by Tony Fortier-Bensen

Attorneys general from 17 states, including Missouri, Texas, Mississippi, and Florida, penned a letter on February 18 to President Joe Biden, Homeland Security Secretary Alejandro Mayorkas, and ICE Acting Director Tae Johnson, requesting reinstatement of the program.

They wrote:

“This ill-advised decision [to cancel the program] threatens to empower sexual predators to victimize women and children in America, and to exacerbate the tragic crises of sexual assault and sex trafficking among migrant and immigrant communities.”

The authors also pointed out that statistics showed an astounding increase in illegal aliens with sexual offense convictions crossing the border.  In 2017, they stated, one percent of arrestees had previous convictions for sexual offenses, but in 2020 that number had risen to six percent.

They added:

“In addition to failing to protect America’s children and other victims from sexual predators, canceling Operation Talon will have other vicious effects as well.

“The cancellation of this program effectively broadcasts to the world that the United States is now a sanctuary jurisdiction for sexual predators.

The attorneys general continued:

“This message creates a perverse incentive for foreign sexual predators to enter the United States illegally and assault more victims, both in the process of unlawful migration and after they arrive.

“It will also broadcast the message to other criminal aliens who have committed other offenses that any kind of robust enforcement against them is unlikely.”

Meanwhile, the United States continues to wait in vain for vice president and Biden-appointed immigration czar Kamala Harris even to visit the border.

White House press secretary Jen Psaki has indicated that there are no current plans for a border trip, though one might be possible.

Psaki stated during a recent daily briefing:

“I expect she will make a trip to the Northern Triangle at some point soon. 

“So that would be where she would travel given her purview.”

Homeland Security Secretary Alejandro Mayorkas, who has denied that there is a crisis at the border, recently announced that he does have “changes” in mind for Immigration and Customs Enforcement, but he added:

“What those changes will be, I am wrestling with right now, quite frankly.”

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Below is our latest report on Mayorkas’ recent actions regarding immigration:

DHS to further gut police program that helps arrest criminal illegal immigrants

May 28, 2021

WASHINGTON, DC – Department of Homeland Security Secretary Alejandro Mayorkas said this week that there are “significant changes” coming to the Immigration and Customs Enforcement agency as President Joe Biden’s administration continues to reverse policies made during former President Donald Trump’s tenure.

https://twitter.com/JxhnBxnder/status/1397713819628146690

In a Senate Appropriations Committee review of the Department of Homeland Security’s (DHS) fiscal year (FY) 2022 budget request Wednesday, Secretary Mayorkas suggested that he will take more action against Immigration and Customs Enforcement’s (ICE) 287(g) program that allows local police to partner with ICE agents to keep criminal illegal aliens off the streets.

At the meeting, Mayorkas said:

“I’m certainly aware of some of the abuses of the 287(g) program and I believe that I brought an example of that abuse to an end recently.

“I am engaging with the men and women of ICE in the development of Secretary’s enforcement guidelines. And once we have done that, I do intend to continue my dialogue with Sheriffs and chiefs of police … to see how we can most effectively partner in the service of … smart and effective law enforcement.”

Under new Biden administration rules curtailing immigration enforcement, ICE carried out fewer than 3,000 deportations last month, the lowest number on record for the agency. The agency’s 6,000 officers currently average one arrest every two months.

The President has leashed ICE enforcement during one of the worst border crises on record. Illegal border crossings have spiked to a 20-year high since the President took the oath of office in January.

Mayorkas said during the budget meeting that the 287(g) program has a history of “pernicious practices,” but did not provide any context or data to support the claim.

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Last week, Mayorkas directed U.S. Immigration and Customs Enforcement (ICE) to discontinue use of the C. Carlos Carreiro Immigration Detention Center in North Dartmouth, Massachusetts by transferring the remaining detained illegal aliens out of the facility and terminating the Intergovernmental Services Agreement with the Bristol County Sheriff’s Office (BCSO) and the 287(g) agreement with the BCSO that is no longer operationally needed.

In a memo to ICE Acting Director Tae Johnson, Secretary Mayorkas stated:

“Allow me to state one foundational principle:  We will not tolerate the mistreatment of individuals in civil immigration detention or substandard conditions of detention.”

Secretary Mayorkas also instructed Acting Director Johnson to prepare to discontinue the use of the Irwin County Detention Center in Ocilla, Georgia.  Mayorkas said:

“We have an obligation to make lasting improvements to our civil immigration detention system. This marks an important first step to realizing that goal. 

“DHS detention facilities and the treatment of individuals in those facilities will be held to our health and safety standards.  Where we discover they fall short, we will continue to take action as we are doing today.”    

A Homeland Security release announcing the closures did not provide specifics regarding concerns or complaints about the treatment of aliens at the facilities.

Terminating the 287(g) agreement with BCSO shuts down a cooperative that has been successful in arresting and turning over to ICE agents many illegal criminal aliens charged with such crimes as attempted murder, rape of a child, aggravated assault with a deadly weapon, indecent assault and battery on a child under 14-years-old, arson, and strangulation.

Former ICE official Jon Feere, director of investigations at the Center for Immigration Studies, wrote that the actions of DHS and the Biden administration violate legal agreements and “acted arbitrarily” by ending the BCSO agreement:

“Through this (287(g) program, local law enforcement has transferred countless criminal aliens into federal custody for a quarter of a century, improving the safety of our communities. As of May 2021, ICE has 287(g) agreements with 147 law enforcement agencies across 26 states.

“U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas offered no analysis as to why he has ordered ICE to end the 287(g) agreement with Bristol County. It appears that the political appointees at DHS targeted this 287(g) agreement without any discussion with subject-matter experts or officers in ICE’s 287(g) Unit.

“Had they done so, Biden’s staff would have learned that they were about to make an apparently arbitrary and capricious decision that is in violation of a memorandum of agreement (MOA) and a reckless threat to public safety.”

Feere said that the Biden administration was folding under pressure from the left, and had no evidence of improper actions by BCSO to end the agreement:

“Sen. Elizabeth Warren (D-Mass.) and nearly all of her colleagues in the Massachusetts delegation appear to be responsible for pressuring the Biden administration and DHS to end the Bristol County 287(g) agreement.

A letter they sent to Secretary Mayorkas contains no evidence that the county is operating its 287(g) agreement improperly, and no real justification for ending the partnership.

“According to government reports published by ICE, the Bristol County 287(g) partnership has been successful and has recently led to the identification of individuals arrested for sex assaults on children, strangulation, arson, attempted murder, armed carjacking, and breaking and entering, to name a few crimes.”

He went on to say that the administration is violating the law by terminating the agreement without proper procedures being followed:

“The terms of the MOA between ICE and the Bristol County Sheriff’s Office spell out the steps the federal government must take if an agreement is to be suspended and also the process for fully terminating the agreement.

The MOA is clear that the government can suspend the agreement only where there is “serious misconduct or violations of the terms of the MOA”.

Feere concludes by summarizing the lack of respect shown to local law enforcement and lack of rationale by the administration:

“ICE has a responsibility to its law enforcement partners and must treat them with respect and professionalism.

The Biden administration has terminated the Bristol County 287(g) agreement without any apparent rationale and has made this arbitrary decision while acting in an unlawful manner.”

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