Category Archives: crime

Chicago PD has a secret interrogation “black site”

black site is a location at which a publicly unacknowledged black (or highly classified military/defense) project is conducted.

The term has gained notoriety in recent years in reference to secret prisons operated by the Central Intelligence Agency (CIA), generally outside of U.S. territory and legal jurisdiction, which are used by the U.S. government in its War on Terror to detain alleged unlawful enemy combatants. The existence of CIA black sites or secret prisons was acknowledged by then-President George W. Bush in a speech on September 6, 2006.

Well, it turns out black sites are not just run by the CIA or outside of the United States, we have a black site right here in Chicago, Illinois, Obama’s hometown! But it took a foreign newspaper, the UK’s The Guardian, to discover that, not the august New York Times or Washington Post.

Chicago PD black site

Homan Square, the Chicago PD’s black site

On Feb. 24, 2015, The Guardian’s Spencer Ackerman had an exclusive on the “equivalent of a CIA black site” operated by police in Chicago. Here are excerpts:

The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.

The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights.

Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include:

  • Keeping arrestees out of official booking databases.
  • Beating by police, resulting in head wounds.
  • Shackling for prolonged periods.
  • Denying attorneys access to the “secure” facility.
  • Holding people without legal counsel for between 12 and 24 hours, including people as young as 15.

At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead. […]

The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown.

Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.

“It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes.

Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”

Much remains hidden about Homan Square. The Chicago police department did not respond to the Guardian’s questions about the facility. But after the Guardian published this story, the department provided a statement insisting, without specifics, that there is nothing untoward taking place at what it called the “sensitive” location, home to undercover units. […]

A former Chicago police superintendent and a more recently retired detective, both of whom have been inside Homan Square in the last few years in a post-police capacity, said the police department did not operate out of the warehouse until the late 1990s.

But in detailing episodes involving their clients over the past several years, lawyers described mad scrambles that led to the closed doors of Homan Square, a place most had never heard of previously. The facility was even unknown to Rob Warden, the founder of Northwestern University Law School’s Center on Wrongful Convictions, until the Guardian informed him of the allegations of clients who vanish into inherently coercive police custody.

[…] Chicago police guidelines appear to ban the sorts of practices […] lawyers said occur at Homan Square. A directive titled “Processing Persons Under Department Control” instructs that “investigation or interrogation of an arrestee will not delay the booking process,” and arrestees must be allowed “a reasonable number of telephone calls” to attorneys swiftly “after their arrival at the first place of custody.” Another directive, “Arrestee and In-Custody Communications,” says police supervisors must “allow visitation by attorneys.”

[…] Police often have off-site facilities to have private conversations with their informants. But a retired Washington DC homicide detective, James Trainum, could not think of another circumstance nationwide where police held people incommunicado for extended periods. “I’ve never known any kind of organized, secret place where they go and just hold somebody before booking for hours and hours and hours. That scares the hell out of me that that even exists or might exist,” said Trainum, who now studies national policing issues, to include interrogations, for the Innocence Project and the Constitution Project.

[…] Cook County, home of Chicago, has received some 1,700 pieces of military equipment from a much-criticized Pentagon program transferring military gear to local police. It includes a Humvee, according to a local ABC News report.

Tracy Siska, a criminologist and civil-rights activist with the Chicago Justice Project, said that Homan Square, as well as the unrelated case of ex-Guantánamo interrogator and retired Chicago detective Richard Zuley, showed the lines blurring between domestic law enforcement and overseas military operations. 

The real danger in allowing practices like Guantánamo or Abu Ghraib is the fact that they always creep into other aspects,” Siska said. “They creep into domestic law enforcement, either with weaponry like with the militarization of police, or interrogation practices. That’s how we ended up with a black site in Chicago.”

Writing for The Intercept, Feb. 26, 2015, Juan Thompson describes the experiences of two Chicago black site detainees.

Kory Wright

Kory Wright

Kory Wright, a Chicago resident and computer program analyst, claims that 9 years ago, he spent some 6 brutal hours at Homan Square, zip-tied to a bench in an intentionally overheated room without access to water, phone, or a restroom. He was never read his Miranda rights and his arrest was not put into the police system until after he gave false statements to try and end his ordeal.

Eventually, Wright was taken to Cook County jail, where he was processed and charged with distribution of heroin and cocaine. In the end, the drug charges against Wright were thrown out, though not before he’d spent six months under house arrest because his mother lacked the money to fund a bond for release.

Deandre Hutcherson, a friend of Wright’s swept up in the same police raid, described attacks to his face and genitals. Hutcherson was shackled to a bench and was being interrogated in another room. “He [a Chicago police officer] gets up, walking toward me,” Hutcherson alleges. “I already know what’s finna happen. I brace myself, and he hit me a little bit and then take his foot and stepped on my groin.” According to Hutcherson, the officer struck him two or three times in the face before kicking his penis. “You must think I’m a fucking idiot,” Hutcherson says his attacker told him. Within an hour, Hutcherson, who was in town for his mother’s funeral, faked an asthma attack that unnerved the police. He says they then released him from detention and sent him on his way.

The Chicago Police Department declined to address the specific allegations from Wright and his friend, providing only a general statement denying abuses at Homan Square. “CPD abides by all laws, rules and guidelines pertaining to any interviews of suspects or witnesses, at Homan Square or any other CPD facility,” the statement read. “There are always records of anyone who is arrested by CPD, and this is not any different at Homan Square.”

Kory Wright was attending Wilbur Wright Community College, and taking criminal justice courses, when he was detained at Homan. He says he had hopes of becoming a police officer in the city of Chicago before that June day. His experience at Homan, and his subsequent arrest, caused him to miss a semester of school. Fortunately, Wright recovered, and today, at age 29, he is working on his master’s degree in network engineering at DePaul University. He lives in Bronzeville, a neighborhood on Chicago’s South Side, and is the father of a new baby girl. But the torture he says he suffered at Homan continues to haunt him. “The whole thing caused a rift between me and my mom. I didn’t like being black at all after that, and when I got to DePaul, I started trying to be as white as possible,” a doleful Wright told me. “Being black is a curse.”

Note: Kory Wright is now a programming analyst at Aon Hewitt. Here is his LinkedIn page. Send him a note of encouragement!

H/t Activist Post

~Éowyn

Is this Adam Lanza’s doppelgänger?

. . . or the undead Lanza himself?

Max Maisel

That notion isn’t so far-fetched given the fact that:

  1. The American public, to this day, have not been shown the death certificates of Lanza or his 27 victims, although like birth and marriage certificates, death certificates are considered to be public records. After Newtown clerk Debbie Aurelia refused to issue Sandy Hook victims’ death certificates, despite repeated FOIA requests by the AP and other media, the Connecticut State legislature actually passed a new law (HB 5733 – An Act Concerning Access to a Child’s Death Certificate) to restrict the public’s access to birth certificates “when the disclosure of the death certificate is likely to cause undue hardship for the family of the child.’’
  2. Genealogy websites had Adam Lanza’s Social Security Death Index as December 13, 2012 — a day BEFORE the alleged massacre. Only when the date was discovered by FOTM and other bloggers did the genealogy websites change his date-of-death Dec. 14, 2012.

Jesse Gosselin reports for WTNH that search teams in New York state are looking for Max Maisel, a 21-year-old student from Fairfield, Connecticut, Max Maisel, who was reported missing Sunday, Feb. 22, 2015. Maisel is attending the Rochester Institute of Technology.

According to the R.I.T. University News, Maisel was last seen Sunday leaving the Perkins Green Apartment Complex on campus. His car was located Monday near a pier on the Genesee River, where officials said Maisel and his family spent summers for several years.

“We don’t know where Max is and that’s hard to deal with,” Max’s father, Ivan Maisel, a senior writer for ESPN, said in a press conference at R.I.T. on Thursday afternoon. “We love you and we miss you,” said his mother, Meg Murray. Max’s parents are pleading with the public to come forward with any information that could help them locate their son.

To compare, here’s a pic of Max Masiel (r) next to one of a teenage Adam Lanza (l). Note that the American public were never shown a pic of the adult Lanza. Lanza was 20 years old when on the morning of December 12, 2012, he allegedly first shot dead his mother, Nancy, at home, then drove to the Sandy Hook Elementary School where, in less than 5 minutes, he shot dead 20 children and 6 adults.

Adam Lanza; Max Maisel

To me, the eyes, lips, and chins of Lanza and Masiel are different: Masiel has fuller lips, different-shaped eyes that slant down at their outer edges, and no horizontal indentation in his chin. But, from what I can see of the two men’s ears, they seem to be the same.

What do you think?

Meanwhile, just as Sandy Hook Elementary School was razed to the ground and the demolition workers sworn to confidentiality, allegedly because of asbestos contamination, Adam Lanza’s home will also be torn down.

On January 21, 2015, the Newtown Legislative Council approved a proposal by the board of selectmen to raze the 3,100-square-foot home on Yogananda Street and keep the land as open space. First Selectwoman Pat Llodra (Newtown doesn’t have a mayor) said she expects the Lanza house will be razed once winter is over. The 2-acre property was given to the town in December by a bank that acquired it from Ryan Lanza, Adam’s older brother.

It should be noted that the homes of Elin Patricia Llodra and Newtown’s other two selectmen, William Rodgers and James Gaston Sr., all share a sale date of 12/25/2009 and sale price of $0. (See “The strange purchase date and price of Sandy Hook homes”)

H/t FOTM silent reader Ann

See also:

UPDATE:

Investigative researcher Martha Trowbridge of the Terrible Truth blog alerted me to a demon face under Max Maisel’s right ear.

Max Maisel1 Yikes!

~Éowyn

Public university omits race from crime alerts to protect minority students’ feelings

stupidity

Campus Reform: The University of Minnesota has discontinued using race in campus crime alerts sent to the Twin Cities community.

In an email sent to faculty, staff, and students at the U of M, President Eric W. Kaler and Vice President Pamela Wheelock said they had been made aware of the “negative impact of using race as part of the suspect descriptions” and will cease to use racial descriptions in alerts that are “too general.”

“We have heard from many in our community that the use of race in suspect descriptions in our Crime Alerts may unintentionally reinforce racist stereotypes of Black men, and other people of color, as criminals and threats,’ Kaler said in the email obtained by Campus Reform. “That in turn can create an oppressive climate for some members of our community, a climate of suspicion and hostility.”

According to the email, Kaler and Wheelock have been discussing the removal of racial descriptions from the crime alerts for more than a year—since Dec., 2013.

“As a student here, I feel that any details that can be shared with me about the suspect are important to know for my safety,” Matthew Ricker, a freshman at U of M told Campus Reform. “If the university is withholding information that can help me identify a threat to my safety, I cannot support their actions.”

In her statement, Wheelock said that while crime alerts are supposed to help people be safe, they can also impact people’s feeling of safety.

“For some, knowing they have all the information available about a crime, including the complete suspect description, makes them feel better informed and increases how safe they feel,” Wheelock said. “But others—particularly Black men—have shared that suspect descriptions negatively impact their sense of safety. They express concern that Crime Alerts that include race reinforce stereotypes of Black men as threats and create a hostile campus climate.

According to the email, racial descriptions will be included in the crime alerts only when the university thinks there is “sufficient detail that would help identify a specific individual or group.”

The email also claimed that U of M’s campus has become safer in the past 18 months as the number of robberies has decreased, and U of M faculty, staff, and students are “more aware” of campus safety measures.

pc police

DCG

Obama bypasses Congress, again, with new Special Envoy for Sodomites

Christians are being slaughtered across the world, especially in the Middle East — Christianity’s birthplace — where Christianity is on the verge of going extinct.

The Obama Administration has no envoy to Christians but the POS has seen fit to create out of thin air a new position in the State Department — a first-ever Special Envoy for Sodomites.

Just another of his middle-finger salutes to Congress and the U.S. Constitution. (See “Obama tells Congress he’ll decide what’s constitutional“)

Barack Obama

Robert R. Reilly writes for MercatorNet that on Monday, February 23, Secretary of State John Kerry proclaimed, “I could not be more proud to announce Randy Berry as the first-ever Special Envoy for the Human Rights of LGBT Persons.

Randy Berry

Randy Berry

 

Until his new appointment, Berry was the U.S. consul general in the Netherlands.

Two Democrats, Sens. Ed Markey (D-Mass) and Rep. Alan Lowenthal (D-Calif) had introduced legislation in the last Congress to create such a position, but the bill died. The bill was reintroduced in the new Congress, with zero chances of passage.

And so, true to his F-you declaration a year ago that “I’ll act with or without Congress,” Obama simply created the position by executive fiat. This has the added advantage of not requiring Congressional confirmation of the openly-gay Randy Berry in the new position. It simply becomes an executive branch appointment.

But what exactly is Special Envoy Randy Berry supposed to do “for the Human Rights of LGBT Persons” in foreign countries?

The State Department said Berry would push to end laws in dozens of countries around the world that criminalize same-sex relationships. As Kerry put it, “Too often, in too many countries, LGBT persons are threatened, jailed, and prosecuted because of who they are or who [sic] they love.”

Robert Reilly took a look at more than 40 of the laws that purportedly persecute people because of who they are or whom they love. Here is a sample.

  • Uzbekistan: “voluntary sexual intercourse between two male individuals”
  • Yemen: “Homosexuality between men is defined as penetration into the anus”
  • Sudan: “Any man who inserts his penis or its equivalent into a woman’s or a man’s anus or permitted another man to insert his penis or its equivalent in his anus is said to have committed Sodomy”
  • Brunei: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for a term which may extend to 10 years…”
  • Myanmar: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals shall be punished…”
  • Mauritius: “Any person who is guilty of the crime of sodomy or bestiality shall be liable to penal servitude for a term not exceeding 5 years.”
  • Kuwait: “Consensual intercourse between men of full age (from the age of 21) shall be punishable with a term of imprisonment of up to seven years.”
  • Kenya: “Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.”

Contrary to what John Kerry said, not one of the laws Reilly looked at punishes anyone because of who they are, but only because of what they do. A homosexual cannot be arrested because he is a homosexual, but only if he sodomizes someone – just as an alcoholic cannot be arrested for being an alcoholic, but only if he is drunk and disorderly in public, or is driving drunk. In other words, these laws reflect the rule of law, not the kind of tyrannies embodied in Nazi Germany or the Soviet Union. The issue of whom they love is also irrelevant to these laws, but only, once again what they do together. It is a matter of whether the expression of “love” is appropriate to the nature of the relationship. These laws judge sodomy as inappropriate to any relationship. The principal issue here, then, is the act of sodomy itself, and whether or why the United States should be supporting it in its foreign policy.

John Kerry is very firm that it should, because:

“Defending and promoting the human rights of LGBT persons is at the core of our commitment to advancing human rights globally — the heart and conscience of our diplomacy. That’s why we’re working to overturn laws that criminalize consensual same-sex conduct in countries around the world.”

In other words, the Obama Administration is proclaiming to the world that the United States of America “defends” and “promotes” SODOMY. Not just that, but the defense of SODOMY is the core — “the heart and conscience” — of U.S. diplomacy.

When did the American people decide that sodomy is up there with the inalienable rights enumerated in the Declaration of Independence or in the Bill of Rights?

As recently as 1986, only 29 years ago, the U.S. Supreme Court ruled in Bowers v. Hardwick that:

“Sodomy was a criminal offense at common law and was forbidden by the laws of the original 13 States when they ratified the Bill of Rights. In 1868, when the Fourteenth Amendment was ratified, all but 5 of the 37 States in the Union had criminal sodomy laws. In fact, until 1961, all 50 states outlawed sodomy, and today, 24 states and the District of Columbia continue to provide criminal penalties for sodomy performed in private in between consenting adults.”

Why did these laws exist for so long? Because our inalienable rights rest firmly upon “the Laws of Nature and of Nature’s God,” and sodomy is clearly contrary to those Laws, as it violates the very ends of man’s sexual powers, which are unitive and procreative. Sodomy is an act unfit for either of those ends. Therefore, one cannot claim a natural right to do something that is unnatural. Or as Abraham Lincoln said, one “cannot logically say that anybody has a right to do wrong.”

Reilly explains that, as he stated in his book, Making Gay Okay: How Rationalizing Homosexual Behavior is Changing Everything:

But that, of course, is exactly what the rationalization for homosexual behaviour accomplishes…. It transforms wrong into right. For that rationalization to hold, however, everyone must share in it. The rationalization of sodomy requires its universalization. Everyone must agree that the unreal is the real [and evil is good]…. We are in the phase of its domestic enforcement now, and Secretary Kerry is preparing for its global enforcement in our foreign-policy, as proudly announced by the LGBT flags flying on the masts of our embassies overseas last June, just under the American flag. The State Department has become the instrument for the global universalization of the rationalization for sodomy.

The problem with this should be self-evident. The promotion of “gay” rights must come at the expense of the promotion of human rights because the two are immiscible. One is founded on the “Laws of Nature and of Nature’s God” and the other on moral relativism, which eviscerates the very idea of natural rights and the natural law on which they are based. If you have one, you cannot have the other. You have your rights by virtue of being a human being, and not by anything else – not ethnicity, not religion, not race, not tribe, not sexual orientation.

The Obama Administration, by its aggressive rationalization and promotion of sodomy across the world, is undermining the very notion of natural law on which the Declaration of Independence and the Constitution were founded.

See also:

~Éowyn

Washington State spends millions on convicted teachers retirements

say what

King5.com: In Washington, public employees who commit a crime don’t lose their taxpayer guaranteed retirements, and teachers can earn the right to a lifetime retirement after working for as little as five years.

KING 5 asked the state for a list of all the teachers who have had their Washington teaching license revoked and compared that list to a list of all the public employees receiving a pension.

The state has multiple retirement plans for teachers. Two of them would be considered a traditional pension plan, the third includes a private component. KING 5 only focused on the first two.

That led to a list of 22 teachers, most who had been convicted of crimes against children, who together have received about $5.1 million above their own retirement contributions, interest included as of the end of 2014.

That’s about $236,027.95 on average per person.

The list includes people like Norman Standley, David Lloyd Anderson, William Pickerel, Ruben Carrera, Alfredo Castillo and Ande Strittmatter, who were all found guilty of child molestation, Larry Pierson who was found guilty of assault with sexual motivation, Craig Figley who is serving a life sentence for molesting children and Christopher Loftus who was convicted of child rape.

messed up

In one specific example, KING 5 looked at the records for Laurence “Shayne” Hill. Hill was convicted on multiple counts of child molestation in King County in 2005 after he admitted to molesting his 10-year-old and 11-year-old students.

By the end of last year, Hill had received about $334,471.03 from the state retirement system; just over $208,568.16 was money above and beyond what Hill contributed into his own retirement, interest included.

“What! It’s that gut reaction of, ‘Oh, my gosh!’ This person is in prison for this and they are receiving several thousand dollars a month? What?!” exclaimed Anne Marie Gurney, a researcher with the Freedom Foundation, a conservative policy group in Washington state.

Gurney contacted KING 5 with concerns about the state’s pension laws. “To a certain degree, we need to protect our taxpayers,” Gurney said.

At least 25 states, including Alaska, California, and Arizona, have pension forfeiture laws, in other words public employees and/or elected officials convicted of a crime lose at least some aspect of their taxpayer funded retirements. Washington does not have a pension forfeiture law.

“I really think that probably it has never really come to the surface,” said State Senator Barbara Bailey, R-Oak Harbor. Bailey is the chair of the Select Committee on Pension Policy.

“I would agree, you know some things are so egregious you really can’t understand how these things can happen,” Bailey said regarding teachers who have committed crimes against children and are still receiving a pension.

Bailey said she’d consider whether public employees who commit a crime should be required to forfeit a portion of their pension, for instance to help pay for incarceration costs. “I think that is only fair, and I think taxpayers would agree,” Bailey said.

Rep. Timm Ormsby, D-Spokane, said he would be open to considering some kind of pension forfeiture law for future hires, but he would want to make sure whatever penalty was imposed only negatively impacted the person who committed the crime and not his or her dependents.

“I would fight it,” said Kit Raney, President of the Washington Teacher’s Association-Retired. She represents the interests of retired teachers. “So, this is just pure noise and a non-issue as far as I’m concerned,” Raney said.

Raney said she doesn’t believe teachers should lose their pensions under any circumstance. “If a worker commits a crime, it is handled by the legal system. The trial, the conviction is part of the legal system. It is totally separate from the pension system, which they contributed to and earned throughout their career. It’s apples and oranges,” Raney said. Raney accused the Freedom Foundation of being anti-teacher and anti-pension.

Gurney said the issue is not teachers or their pensions, but creating the legal room for taxpayers to have a choice. “I think taxpayers should have a choice if they are going to fund the pension of hardened criminals,” Gurney said.

Any new legislation would be met with by lot of resistance.

For now, Senator Bailey said she’s studying her options and the earliest she would propose a bill would be next year.

DCG

Proper Gun Control: Pharmacist shoots would-be robber

 

second amendment3

WVMetroNews.com: (Pinch, W. Va.) Investigators with the Kanawha County Sheriff’s Department say a pharmacist who shot a man who later died will not be charged with a crime.

Detectives said surveillance video at Good’s Family Pharmacy in Pinch shows the masked man, Terry Gillenwater, 25, pulled out a gun after he entered the pharmacy at about 9:45 Wednesday morning and pointed it at workers. The pharmacist, who has a legal conceal carry permit, pulled out his gun and shot the man, who later died at a Charleston hospital.

“The guy was walking around with a mask on and my pharmacist joked, ‘He must be here to rob us,’” owner Patrick Good told MetroNews. “Whenever he said that the guy pulled a gun.”

Good said Gillenwater was probably after prescription pills, but couldn’t confirm that because he didn’t have time to state his demands.

“The guy pulled the gun and jumped in front of a customer in line and was pointing the gun at the employees,” said Good. “That’s when my guy pulled his gun and shot him three times.”

The pharmacist on duty had a .45 pistol. The first shot hit the robber in the chest and he went down, but he raised the gun again. The employee then fired a second and third shot. One of those hit the suspect’s gun in his hand and the other shot hit him in the abdomen.

Workers at the pharmacy attempted life-saving measures on the man. Nobody in the pharmacy was injured. “He was here for the pills,” said Good. “We’re a real small, small store here.”

Good said he had no problem with his employees carrying firearms with a concealed carry permit while on the job.

The information from the investigation will be turned over to the Kanawha County Prosecutor’s Office.

Score one for the Second Amendment!

DCG

Obama emergency order to restart amnesty in defiance of federal judge Hanen

Obama gives America the finger

This creature in the White House really must be the devil himself.

Mike Lillis reports for The Hill, Feb. 20, 2015, that the Department of Justice (DOJ) plans to seek an emergency stay that would essentially undo U.S. District Judge Andrew S. Hanen‘s injunction from earlier this week. If the stay is granted, the government could restart a pair of amnesty executive memoranda that will shield millions of illegals from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”

The emergency stay had been sought by “immigrant rights” advocates like head of the National Immigration Law Center (NILC) Marielena Hincapié, who want to get the programs up and running as soon as possible while the appeals process plays out.

Marielena Hincapie
Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs. Earnest said, “We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system.”

At issue are two new initiatives launched unilaterally by Obama on Nov. 20:

  • The first expands eligibility for Obama’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children.
  • The second, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.

Combined, the programs could affect as many as 5 million immigrants living in the country illegally.

Republicans are seeking to stop both of Obama’s executive actions in a funding bill for the Department of Homeland Security, but the bill has been blocked repeatedly by Senate Democrats, raising the possibility of a partial government shutdown next week.

Rep. Lamar Smith, a Republican from Texas and former Judiciary Committee chairman, ripped Obama’s request for an emergency stay, saying it’s “no surprise that the most partisan and imposing Department of Justice of our time would rush to defend the president’s lawless actions. Putting a stop to these overreaching executive actions isn’t about Republicans or Democrats; it’s about respecting and restoring the rule of law. This is why it’s even more important that Senate Democrats stop playing politics with the Constitution and stop blocking House legislation that would halt the president’s executive overreach.”

Many states have objected to Obama’s policies as well. Texas and 25 other states have filed a lawsuit contending the programs marked an abuse of executive authority that would cripple their budgets with exorbitant new costs.

It is that lawsuit that prompted Judge Hanen’s ruling announced near midnight last Monday to put a temporary halt on Obama’s amnesty so as to give the lawsuit the time to be heard. Hanen has not yet ruled on the merits of the states’ complaints, but said they have a significant enough case that both the DAPA and expanded DACA programs should be put on hold until the legal challenges are resolved.

The effects of the decision were immediate, as administration officials quickly announced that they would not begin accepting applications for either program until the court decisions are final. Before the ruling, the Homeland Security Department was poised to begin accepting applications for the expanded-DACA program this week, and the for the DAPA program in May. Both have been suspended indefinitely.

Hanen’s injunction does not affect the original DACA program, which remains up and running.

Gil Kerlikowske

Meanwhile, Judge Hanen’s decision is being ignored by U.S. Customs and Border Protection (CBP) that is charged with border enforcement.

In an email sent to CBP agents on Wednesday, CBP Commissioner Gil Kerlikowske ordered border agents to continue the relaxed border enforcement guidelines that accompanied Obama’s executive amnesty. (National Review)

H/t FOTM’s MomOfIV

See also:

~Éowyn