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Friday, July 16, 2021
LA RAZA JOE BIDEN HOWLS!!! - JUDGE DECLARES DACA ILLEGAL
Kris W. Kobach: DACA Is Finally Dead at Last
4:43
On Friday afternoon, U.S. District Judge Andrew Hanen of the Southern District of Texas issued an opinion striking down President Obama’s illegal DACA (“Deferred Action for Childhood Arrivals”) executive action, which was announced more than nine years ago.
DACA allowed virtually any illegal alien up to the age of 31 (as of June 15, 2012, when it was announced) who claimed that he entered the United States before the age of 16 to gain “deferred action” and remain in the country. The alien also became eligible for employment authorization. In practice, it ended up being an amnesty for more than 886,000 illegal aliens up to the age of 39 who received permission to stay in the United States, along with work authorization allowing them to compete against young Americans for the same jobs.
But DACA was illegal and unconstitutional from the beginning. Only Congress can grant an amnesty en masse to illegal aliens. Ten ICE agents sued to block the DACA amnesty in 2012 (I represented them). And President Trump tried to repeal DACA, but the Supreme Court issued a perplexing decision in June of 2020 saying that the Trump Administration didn’t jump through the necessary administrative hoops to do so.
However, the Supreme Court never answered the most important question: what if DACA was illegal from the outset? Justice Thomas did not shy away from answering the question in his dissent. In his words, “DHS created DACA during the Obama administration without any statutory authorization and without going through the requisite rulemaking process. As a result, the program was unlawful from its inception.”
Fortunately, the State of Texas had already filed another suit to stop DACA, and it was that long-awaited decision that was issued Friday. Judge Hanen’s 77-page decision is a powerful ruling that goes into exacting detail as to why President Obama’s DACA amnesty was indeed unlawful from its inception.
Judge Hanen points out, first and foremost, that DACA is illegal because the Obama Administration created it in the form of a policy “directive,” rather than as a formal regulation through the Administrative Procedure Act (“APA”). Generating an agency regulation entails a long process whereby the agency promulgates a proposed rule, providing public notice and inviting public comment, after which the agency must responding to criticism and justify the rule.
The Obama Administration did none of that when it created DACA. As Judge Hanen wrote: “DHS failed to engage in the statutorily mandated process, so DACA never gained status as a legally binding policy that could impose duties or obligations.”
Fortunately, Judge Hanen did not end his opinion there. Department of Justice attorneys had indicated during the litigation of the case that the Biden DHS had plans to redo DACA as a formal administrative rule—going through the administrative process that the Obama DHS skipped. What would happen then?
Judge Hanen provided an unequivocal answer: DACA would still be illegal. It violates federal law that makes DACA recipients unlawfully present in the United States, it violates federal law requiring illegal aliens to be placed into removal proceedings, and it violates federal law by creating a new path to lawful status and work authorization. As Judge Hanen summed it up: “Thus, all DACA applicants and recipients fall into a category for removal regardless of their mode of entry. The DACA Memorandum prevents immigration officials from enforcing these provisions of the [Immigration and Nationality Act].”
The ruling bars Biden’s DHS from granting DACA status to any new illegal aliens. The question of what is going to happen to the aliens who have already been granted DACA status remains pending in Judge Hanen’s court.
Although the Biden Administration will doubtless appeal the decision, Judge Hanen’s opinion stands a very good chance of surviving any appeal. His legal reasoning is strong, and he spent a significant amount of time writing it. But it was worth the wait.
Kris W. Kobach served as the elected secretary of state of Kansas during 2011-19. An expert in immigration law and policy, he coauthored the Arizona SB-1070 immigration law and represented in federal court the 10 ICE agents who sued to stop Obama’s 2012 DACA amnesty. During 2001-03, he was Attorney General Ashcroft’s chief adviser on immigration law at the Department of Justice. His website is kriskobach.com.
Analysis: Joe Biden’s Open Border to Drive 1.7M Illegal Aliens to U.S. in 2021
3:36
President Joe Biden’s deliberate open borders policy is expected to drive nearly 1.7 million illegal aliens to the United States-Mexico border by the end of 2021, new analysis projects.
On Friday, the Department of Homeland Security (DHS) revealed that more than 178,000 border crossers were encountered by federal immigration officials in June along the border. This total does not include illegal aliens who successfully crossed into the U.S., undetected by federal immigration officials.
Steven Kopits with Princeton Policy Advisors projects that Biden’s “deliberate policy of holding the border open” will invite close to 1.7 million illegal aliens arriving at the border this calendar year — making it the worst year for illegal immigration in American history.
For perspective, a foreign population three times the population of Wyoming is expected to arrive at the border this year.
That figure, Kopits writes, is contingent on a projection where apprehensions at the border “taper off in the balance of the year in a manner similar to 2000” but admits that illegal immigration shows “no signs” of tapering off:
If apprehensions remain elevated near recent levels, both fiscal and calendar year 2021 will enter the history books as records for illegal immigration. By any reasonable measure, only a deliberate policy of holding the border open could achieve such an outcome.
“In any country, a leader has two fundamental responsibilities to the public,” Kopits wrote in his analysis:
The first is the protection of the country from invasion from or conquest by external forces. The second is protecting the public from disruptive internal forces, like crime and terrorism. That the Biden administration would deliberately leave the border open constitutes a fundamental dereliction of duty and is shocking, appalling and an affront to the public. [Emphasis added]
Kopits writes that the Biden administration cannot blame “seasonal patterns” on the continuing wave of illegal immigration, as they have done in the past, because this year’s levels do not match those of the last 21 years. He notes:
In all but two of the last twenty-one years, June apprehensions were below May apprehensions. The case is just the opposite this year, suggesting that extraordinary factors — like an open border — are stimulating continued and counter-seasonal flows of illegal immigration.
Likewise, Kopits compared current illegal immigration levels to those of the year 2000, when President Bill Clinton was in his last year in the White House. The comparison, Kopits writes, “also suggests the administration is holding the border wide open.”
Despite starting that year’s first three months with growing illegal immigration at the border, the Clinton administration ultimately siphoned the inflow for the rest of the year by bringing the number of apprehensions to close to 50,000 by December 2000 — far beneath the peak of more than 200,000 apprehensions in March 2000.
On the other hand, since Biden took office, illegal immigration has skyrocketed and has stayed consistently at high levels since March.
“This tells us that the Biden administration is not taking the steps the Clinton administration did, again suggesting a deliberate policy of keeping the border wide open,” Kopits writes.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
Texas Federal Judge Rules Obama’s DACA Program Illegal, Blocks New Illegal Alien Applicants
1:58
A federal judge in Texas has ruled that former President Obama violated federal statute when he unilaterally implemented the Deferred Action for Childhood Arrivals (DACA) program that has provided quasi-amnesty to hundreds of thousands of illegal aliens since 2012.
On Friday, Judge Andrew Hanen ordered President Joe Biden’s administration to effectively shut down the DACA program by blocking the federal government from allowing new applicants, illegal aliens who have not previously been enrolled, onto the program’s rolls.
“DHS violated the [Administrative Procedure Act] with the creation DACA and its continued operation … the DACA Memorandum and the DACA program that it created are hereby vacated and remanded to DHS for further consideration, as requested,” Hanen writes.
“DHS … is hereby enjoined from approving any new DACA applications and granting the attendant status,” Hanen continues.
The ruling throws a wrench in the Biden administration’s plan to ramp up the DACA program by adding new applicants to the program’s rolls. For months, Biden and elected Democrats in Washington, D.C. have sought to pass an amnesty for DACA illegal aliens — most recently, by slipping it into a Senate Democrat budget that would only need majority support.
As of 2017, more than 2,100 DACA illegal aliens have been kicked off the program after having committed a crime or being found to have previously committed crimes.
The case is Texas v. United States, No. 1:18-cv-00068 in the U.S. District Court for the Southern District of Texas.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
BREAKING: Judge Declares DACA Program Illegal
Source: AP Photo/Manuel Balce Ceneta
On Friday, Judge Andrew S. Hanen of the Southern District of Texas issued a decision which will block the Department of Homeland Security from approving new DACA applications.
The decision found that President Barack Obama illegally exceeded his executive authority in 2012 when his administration created the DACA program.
Judge Hanen called the program an "illegally implemented program" and said "the public interest of the nation is always served by the cessation of a program that was created in violation of law and whose existence violates the law."
He held off for now on deciding how current recipients will be affected. "To be clear, neither this order nor the accompanying injunction requires DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that it would otherwise not take," the decision concluded with.
We will still have to wait a bit longer until the fate of the DACA program recipients are decided for good though, with Judge Hanen citing "reliance" which "may, in fact, have increased over time."
The order as it would apply to current recipients is "stayed until a further order of this Court, the Fifth Circuit Court of Appeals, or the United States Supreme Court."
This case is a suit brought by Texas and several other states.
Border Patrol Apprehends 1 Million Migrants in 2021
3:54
Border Patrol agents apprehended more than 178,000 migrants in June along the U.S. border with Mexico, marking the largest single-month increase since March. The increasing number of apprehensions led to a total of 1,076,242 migrants apprehended so far this fiscal year.
During the month of June, when migrant apprehensions generally decrease, Border Patrol agents apprehended 178, 416 migrants — an increase of 5,789, according to the June Southwest Land Border Encounters report released by CBP officials on Friday. The increased apprehensions came in the categories of Family Units and Unaccompanied Minors which rose by 25 and eight percent respectively. Single Adult apprehensions fell by 4,537.
Because of the extreme heat and other dangerous smuggling conditions, migrant rescues this year rose dramatically, CBP reports. During the first nine months of this fiscal year (October through June), migrant rescues hit 9,500. This represents an 81 percent increase over the entire Fiscal Year 2020, officials stated.
“We are in the hottest part of the summer, and we are seeing a high number of distress calls to CBP from migrants abandoned in treacherous terrain by smugglers with no regard for human life,” CBP Acting Commissioner Troy Miller said in a written statement. “Although CBP does everything it can to locate and rescue individuals who are lost or distressed, the bottom line is this: the terrain along the border is extreme, the summer heat is severe, and the miles of desert migrants must hike after crossing the border in many areas are unforgiving.”
During the month of June, CBP officials expelled nearly 105,000 migrants to Mexico under Title 42 coronavirus protection protocols put in place during the Trump administration by the Centers for Disease Control and prevention. “The majority of all June encounters resulted in a Title 42 expulsion,” CBP officials stated.
However, the Biden administration may cancel this program in July Breitbart News’ Edwin Mora reported. ““President Biden has been briefed on a plan for stopping family expulsions by the end of July, as well as the option of letting a court end it,” according to a report by Axios.
In June, Homeland Security Secretary Alejandro Mayoras formally ended the Trump administration’s Migrant Protection Protocol that virtually ended “Catch and Release” programs of past administration. During the month of June, DHS officials processed more than 12,000 people into the United States who had been returned to Mexico under MPP, the report states.
FY2021 Border Patrol Apprehensions
October — 69,049
November — 69,166
December — 71,143
January — 75,313
February — 97,639
March — 169,204
April — 173,685
May — 172,627
June — 178,416
Bob Price serves as associate editor and senior news contributor for the Breitbart Texas-Border team. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX and Face
JOE BIDEN'S OPEN BORDERS AND NARCOMEX - 265 Pounds of Meth Intercepted in California near Border
NAFTA JOE BIDEN DOES NOT CARE ABOUT THE DRUGS FLOODING THE BORDER. ONLY UNREGISTERED DEMS OR THE CARTELS BRINGING THEM REGISTERED WITH THIS POS!
265 Pounds of Meth Intercepted in California near Border
2:10
Border Patrol seized nearly $750,000 in methamphetamine near Indio, California. The narcotics were seized from Mexican cartel smugglers after K-9 alerted to the illicit cargo concealed within two separate passenger vehicles.
As Border Patrol struggles to deal with a huge increase in migrant crossings, cartel narcotics smugglers are using the opportunity to sneak across the border.
On July 10, agents discovered a vehicle stopped near Interstate 10 at the California State Highway 86 interchange. Upon further investigation, the agents arrested a U.S. citizen after finding 131 vacuum-sealed packages of methamphetamine. The narcotics weighed in at 164 pounds and had a street value of nearly $450,000.
In another incident on Monday, a 62-year-old American drove into a Border Patrol checkpoint in the same area in a black Acura. Agents discovered nearly 100 pounds of meth. The street value of this load is estimated to be $271,000, according to authorities.
Border Patrol agents referred both cases to the DEA. The DEA notes that domestic production of meth is on the decline due to tight restrictions placed on imported precursors.
In Mexico, cartels import ingredients mainly from China and India.
According to the CDC, methamphetamine overdose deaths in the United States have risen steadily since 1999 and are second only to fentanyl. In 2019, the CDC estimated more than 15,000 psycho-stimulant (primarily methamphetamine) overdose deaths occurred in the United States.
Randy Clark is a 32-year veteran of the United States Border Patrol. Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on Twitter @RandyClarkBBTX.
Lethal U.S. Drug Overdoses Exceed Fatalities in World’s Worst War Zones
4:47
The unprecedented number of U.S. drug overdose deaths last year exceeded the combined fatalities in the world’s top five deadliest armed conflicts during the same period, including Afghanistan and Mexico, a Breitbart News analysis revealed.
Moreover, the 93,331 lethal drug overdoses in 2020 are over five times greater than the combined 10,156 deaths and 7,729 injuries from worldwide Islamic terror attacks, honor killings, and Sharia executions recorded by the Religion of Peace website that tallies such casualties.
Breitbart News analyzed overdose data from the U.S. Centers for Disease Control and Prevention (CDC) and war zone fatalities documented by the Armed Conflict Location & Event Data Project (ACLED), a non-profit that tracks violent incidents around the globe.
CDC estimated that lethal overdoses in the U.S. reached at least 93,331 last year, surpassing the 64,438 combined number of fatalities recorded by ACLED from all five countries with the most reported deaths linked to political violence in 2020.
ACLED’s definition of political violence events covers armed organized conflicts, conventional wars, cartel wars, violent riots, among other incidents.
“The countries home to the most reported fatalities from political violence in 2020 include Afghanistan (20,744 fatalities), Yemen (19,685 fatalities), Mexico (8,399 fatalities), Syria (7,950 fatalities), and Nigeria (7,660 fatalities),” ACLED, a prominent source for news outlets, reported.
Among those 64,438 deaths, which only amount to about 70 percent of U.S. overdose fatalities, are civilians, state forces, militiamen, and rioters, among other actors.
The U.S. overdose fatalities last year eclipsed the killings from worldwide political violence events directly targeting civilians alone.
U.S. lethal overdoses mark a nearly three-fold increase from the 33,790 fatalities from political violence targeting civilians worldwide, Breitbart News determined.
In its annual review of 2020 political violence events and fatalities, the organization noted:
The countries that registered the highest number of political violence events in 2020 are predominantly those experiencing conventional conflicts, like Syria, Yemen, Ukraine, and Afghanistan. That Mexico also tops the list reveals how the country’s gang violence has created a conflict environment that rivals an active war zone. All of these countries, with the exception of Ukraine, additionally registered the highest numbers of fatalities in 2020, underscoring the continued lethality of these ongoing conflicts.
In Nigeria, government forces have been fighting jihadi groups for years, including Boko Haram and the Islamic State (ISIS). Islamic Fulani herdsmen, one of the most active ethnic terrorists last year, have also been brutally killing Christian farmers in Nigeria in recent years.
ACLED identified the countries with the highest levels of civilian targeting events, from most to least, as Mexico, Brazil, Syria, Yemen, and India, adding:
Civilians continued to come under attack in a variety of contexts, from conventional conflicts in Syria and Yemen, to gang wars in Mexico and Brazil. In some spaces, civilians came under multiple concurrent threats, such as in India, where they faced persistent mob and communal violence as well as conflicts in Kashmir and the Red Corridor [region, home to communist insurgents].
Opioids, mainly synthetic fentanyl, were the primary driver of the record number of lethal overdoses last year, along with other drugs trafficked across the U.S.-Mexico border, such as methamphetamine and cocaine.
Some U.S. officials believe heroin from Afghanistan, the top opium-producing country in the world and a primary source of income for the Taliban, may also be contributing to the overdose fatalities in the U.S.
China, which borders Afghanistan, is the top producer of fentanyl globally, much of which ends up in the hands of Mexican cartels.
One pandemic fuels another: US overdose deaths hit all time high in 2020 with 93,000 dead
Drug overdose deaths in the US rose nearly 30 percent in 2020, resulting in a total of 93,000 deaths, according to preliminary statistics released Wednesday by the Centers for Disease Control and Prevention (CDC). The figures translate to an average of more than 250 overdose deaths each day, or roughly 11 overdoses every hour in the heart of world capitalism.
The rise in deaths marks the largest single-year increase of overdose deaths on record, eclipsing previous years by thousands. The thirty percent rise in deaths in 2020 equates to 21,000 more deaths than in 2019. Prior to last year, the largest year-to-year increase was 11,000 in 2016—a figure which stunned experts at the time and is just barely over half of the increase in 2020.
The new figures have shocked public health experts, including professionals who have been tracking drug overdose trends for decades.
Daniel Ciccarone, a professor of medicine at the University of California, San Francisco, who studies heroin markets, commented to the New York Times on the revelations: “It’s huge, it’s historic, it’s unheard-of, unprecedented, and a real shame.”
Robert Anderson, chief of the mortality statistics branch at the CDC’s National Center for Health Statistics, told the Wall Street Journal: “I can remember thinking 30,000 was an astounding number ... Now we’re three times that. It’s crazy.”
To put these figures in historical context, according to the CDC, there were about 9,000 overdose deaths in 1988, around the height of the crack epidemic.
The new figures also mark the most deaths on record from opioids in particular, as well as the most overdose deaths from stimulants such as methamphetamine. Finally, it marks the most deaths from one specific synthetic opioid family known as fentanyls. Fentanyl is 50 times more potent than heroin and is more and more frequently being mixed into other widely used illicit drugs. Fentanyl was involved in more than 60 percent of the overdose deaths last year, CDC data suggests.
According to the new data, overdose deaths rose in every state but two, South Dakota and New Hampshire. The data suggests that at least ten states endured a 40 percent or higher rise in drug overdose deaths from the previous 12-month span. These include Arkansas, California, Kentucky, Louisiana, Nebraska, South Carolina, Tennessee, Vermont, Virginia and West Virginia. In Kentucky alone, overdose deaths rose 54 percent last year, to more than 2,100, up from under 1,400 the year before.
The drug epidemic has a severe and profound impact on nearly every facet of US society. There is, first and foremost, the devastating toll that these deaths have on friends, family, co-workers and other loved ones. Children whose parents are caught up in the throes of addiction or die from it are inundating an already overwhelmed foster care system.
Understaffed and overrun hospitals, already dealing with the crippling pressure of the COVID-19 pandemic, cannot cope with the flood of overdose patients. In many towns overdoses are among the most common emergencies that confront first responders. There is no doubt that these deaths, on top of the impact of the pandemic, have taken a deep emotional toll on them.
Overdose deaths are just one facet of what was overall the deadliest year in US history. With about 378,000 deaths attributed to COVID-19 in 2020, more than 3.3 million Americans died last year.
COVID-19 was the third-leading cause of death in the US in 2020, after heart disease and cancer, according to preliminary mortality data. A category ambiguously named “unintentional injuries,” which include drug overdoses, was the fourth leading cause of death.
Overdose deaths combined with COVID-19 deaths have driven down life expectancy to such an extent that some experts believe 2020 will officially register the largest drop since 1943, during World War II. The CDC is expected to report preliminary 2020 life-expectancy data next week.
However, a report released from the CDC earlier this month found that approximately 19 percent more Americans died in 2020 than in 2019. Perhaps most shockingly, researchers also discovered that mortality rates for young adults aged 25 to 34 have skyrocketed in the last decade, reaching levels not seen since 1953.
Researchers determined the rising death rate for adult workers was driven by a sharp increase in deaths from drug overdoses, alcohol, suicide, and cardiometabolic conditions (including both heart disease and metabolic disorders such as diabetes).
Any objective observer reviewing these statistics would assuredly conclude that the social situation facing workers in the US, and indeed around the world, reveals a profound sickness in American society, the heart of world capitalism. Drug abuse and overdoses and other “deaths of despair” are symptoms of a society in deep crisis.
Since the onset of the pandemic, governments around the world responded to the unprecedented public health emergency by pumping trillions of dollars into Wall Street and corporations to prop up world capitalism. In order to pay back this money, workers were forced into plants and factories to continue production.
British Prime Minister Boris Johnson perhaps best epitomized the response of the entire global ruling elite when he blurted out bitterly last November: “No more f***ing lockdowns, let the bodies pile high in their thousands!” … And pile up they did.
Workers were forced into impossible situations, often choosing between risking their lives and the lives of their families or giving up their livelihoods. In the last year poverty has soared and hunger has skyrocketed. Thousands of families were evicted from their homes and many more are currently hovering on the brink of eviction as moratoriums continue to be lifted and governments insist that things “return to normal.”
Over the last year and a half, the callous and indifferent attitude of the ruling class to workers has been more starkly exposed than at any time in recent history.
As for the institutions that are ostensibly meant to defend workers and improve their conditions, the trade unions, not a single one organized any resistance to the policies of the ruling class. On the contrary the trade unions acted as junior partners in the facilitation of the reckless and criminal “back-to-work” policy initiated by Trump and continued under Biden.
For many of the tens of thousands of people who had already been struggling with addiction, or who were in recovery, these crushing conditions, social isolation, and the further atomization of the working class were enough to push them to relapse. For many others, including many young people whose plans and lives were totally derailed by the events of 2020, the circumstances led many to turn to drugs, which resulted in tragic premature deaths.
The devastating revelations about drug overdoses in the US underscore the complete inability of the capitalist system, in the country where the financial aristocracy has amassed untold wealth, to put those resources to use in dealing with an acute social crisis. American capitalism can no more deal with the opioid crisis than it can deal with the even greater pandemic of COVID-19.
The necessary resources—doctors, nurses, counselors, drug treatment programs, anti-overdose drugs like Narcan—should be made freely available through a massive social mobilization that would cost only a fraction of what the Pentagon squanders each year on the means of death and destruction.
But this is impossible under a political system dominated by two right-wing capitalist parties that do the bidding of Wall Street and the pharmaceutical companies—including some which directly profited from pumping opioid drugs into impoverished inner city and rural communities.
The working class must break through the political monopoly of corporate America. It must connect the global wave of emerging strikes and rebellions against the trade union straitjacket, and build an independent mass political movement of its own, based on a socialist program.
Workers everywhere are on the move, fighting against the social conditions that laid the groundwork for the horrific drug epidemic ripping through the US. The measures required to confront the drug crisis in the US cannot be carried out without a frontal attack by the working class on the wealth of the corporate and financial elite and its stranglehold on the entire economic and political system.
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