Tag Archives: DACA

Father of detained Dreamer – with previous felony drug conviction and deportations – pleads guilty to immigration crime

maga

Adios muchacho…

From Seattle Times: The father of a so-called Dreamer — the young man whose arrest in Des Moines by immigration officials sparked fears of an immigration roundup and drew a national outcry — pleaded guilty Tuesday in U.S. District Court to entering the country illegally.

Court documents indicate that Antonio Ramirez-Poledo, 43, could face up to 20 years in prison because he has a prior drug felony in King County. However, federal prosecutors are recommending in a plea agreement filed with the court that he be released for time served when he is sentenced by U.S. District Judge Ricardo Martinez. Martinez is not bound by the prosecutor’s recommendation.

Ramirez-Poledo will likely face immediate deportation back to Mexico after the sentence is served.

He was deported from the U.S. at Paso del Norte, Texas, in 2004, after he was convicted in King County for possessing heroin and cocaine for distribution. He then returned to King County.

According to the criminal complaint, Ramirez-Poledo spent a year and a day in jail after his drug arrest and was then ordered deported. The complaint states that, in addition to the deportation, Ramirez-Poledo had been granted seven “voluntary departures,” including five in 2000, one in 2001 and another in 2006.

Ramirez-Poledo was arrested Feb. 10 outside a home in Des Moines after he was located by an agent from the Immigration and Customs Enforcement (ICE) Criminal Alien Program. Agents also took his 23-year-old son, Daniel Ramirez Medina, into custody.

The younger man had been brought to the country as a child and had been legally allowed to stay under the Obama administration’s 2012 “Deferred Action for Childhood Arrivals” (DACA) program, which deferred deportation or other adverse immigration actions against individuals who entered the U.S. illegally as children. Proponents call its participants “Dreamers,” alluding to their desire to become U.S. citizens.

The arrest was the first involving a DACA-eligible immigrant under the Trump administration, and immigration and civil-rights officials reacted by suing ICE over his detention.

However, ICE insisted that the son was a gang member, and he remains in custody. His lawyers have disputed that claim and alleged government misconduct.

DCG

Advertisements

Illegal alien teenager in North Carolina decapitates his mother and walks in the street with her head

oliver funes machada illegal alien

Oliver Funes Machada: Just a DREAMER…

From Daily Mail: A federal official says an 18-year-old man accused of decapitating his mother in Zebulon, North Carolina, on Monday was in the country illegally. The suspect, Oliver Funes Machada, was charged with first-degree murder Monday after authorities say he called 911 to say he had killed his mother.

Funes was found walking down the street with her severed head in one hand and a bloody butcher’s knife in the other. He is being transferred to Central Prison in Raleigh, and his next court appearance is scheduled for March 14.

Bryan Cox, a spokesman for US Immigration and Customs Enforcement, said in a news release that the suspect was from Honduras and was in the country illegally. Cox said that federal records list his name as Oliver Funes Machado. His public defender, C. Boyd Sturges III, said his second last name is listed as Machada in local court records. Sturges also said that his client has ‘some substantial mental health issues.’ (Well, that’s a given.)

Sturges said while he’s not a doctor, he could see that Funes Machada was ‘a pretty profoundly disturbed young man.’

Funes Machada called 911 around 12.45pm on Monday to tell police he had just killed his mother at their home in Franklin County, North Carolina.

A deputy responding to the call then saw the teen walking out of the house holding the woman’s head in one hand and what appeared to be a butcher’s knife in the other. Inside the home, deputies found the body of 35-year-old Yesenia Funez Beatriz Machada.

Franklin County Sheriff Kent Winstead said the 18-year-old is charged with first-degree murder in the wake of the incident. He has made his first appearance in court and was held without bond.

Winstead said Funes Machada’s two young sisters were at home but were unharmed, and a fourth child was at school. Authorities did not elaborate on what led to the death.

The killer’s father and the victim’s husband arrived home at 5pm to find the scene and had to be led away by cops – overcome with grief.  Other older relatives were pictured being comforted at the scene of the crime.

Neighbor Ryan Reader told WBTW: ‘Complete and utter shock. This whole area is a quiet area and I didn’t know what to expect when I got home and saw police cars and everything around.’ Winstead added: ‘It’s a terrible situation for the family, a terrible situation for the neighborhood and this county. I’m just glad things worked out the way they did and no one else was hurt in taking the suspect into custody. ‘I can’t tell you how many stab wounds or cuts. We just haven’t gotten that far in the investigation.’

Terry Wright, chief of staff of Franklin Sheriff’s department told ABC News: ‘We’ll be here as long as it takes to do a thorough search. We owe it to the victims to make sure it’s done in a proper manner – to make sure once it gets to the courthouse, justice can be served.’

President Donald Trump has made deporting illegal immigrants from the United States a central goal of his administration. Trump’s administration has issued directives to agents to more aggressively enforce immigration laws and more immigrants are coming under scrutiny by the authorities.

DCG

Cornell protesters demand funding, housing for illegals

cornell-university-logo

From Campus Reform: Students and faculty members at Cornell University demanded funding, housing, and sanctuary for illegal immigrant students and scholars during a demonstration Thursday.

Students and faculty gathered on the Arts Quad for “Sanctuary Now Cornell: Solidarity against Tyranny,” a public protest in support of illegal immigrants and hosted by the Cornell Coalition for Inclusive Democracy (CCID).

According to The Cornell Daily Sun, roughly 250 to 300 people attended the event, during which they asked the university to provide an “alternative funding source” for illegal immigrant students regardless of whether those students are protected by Deferred Action for Childhood Arrivals (DACA).

In addition, CCID said the university must provide shelter in the form of “housing and basic resources to stay on campus” for illegal and international students who are being advised not to travel, as well as provide temporary research positions to international scholars “fleeing dangerous situations abroad.”

“CCID demands the immediate implementation of these measures, which draw on the best aspects of Cornell and Ithaca’s abolitionist and sanctuary traditions,” CCID wrote on the Facebook event page for the protest. “Cornell has a duty to create an atmosphere of dignity, human rights, and academic freedom.”

The protesters asked for traditional sanctuary campus measures as well, such as noncompliance with immigration detainer requests and refusal to seek immigration status information during police work.

History professor Russell Rickford, an organizer of the protest, led a number of chants, including “No ban. No wall. Sanctuary for all.”

“Our endangered community members still lack explicit assurance that the institution that took them in will protect them,” Rickford said to the crowd. “That’s shameful.”

Joe Margulies, a government and law professor, compared the deportation of illegal immigrants to the Palmer Raids, which were conducted by the U.S. Justice Department in 1919 and 1920 to expel foreign radical leftists and considered by many to be the peak of the Red Scare.

“The truth is most people will never stand with you; you will always be in a minority,” Margulies explained. “But, the truth is, we look back on those periods now as periods of grave injustice, where time has turned against what was done. And you don’t need the majority; what you need is a very dedicated, involved minority.

Notably, interim president Hunter Rawlings has already outlined steps the college has taken to address the concerns of the protesting group. On January 29, he released a statement promising to “honor [Cornell’s] commitments” to DACA students, provide legal assistance to international scholars detained while traveling and illegal immigrant students, and “continue to protect the privacy of our student information and records from unauthorized or unlawful intrusion.”

In December, Rawlings assured students he would continue to give funding to students who lost DACA status under the new Trump administration.

DCG

General strike, rally called for this weekend in Seattle

trump-triggeredFrom MyNorthwest.com: Better stock up on essentials before the weekend — just in case. A National General Strike, a Seattle area strike, and a rally have been called for. And as with any event in Seattle, whether it be a Seahawks game or a protest march, locals should plan for traffic and other interruptions.

A general strike means no working, no school, and no shopping. For many people, this should be easy. According to the Facebook event for the general strike, it will run from Feb. 17-20 (Friday through Monday). It covers the weekend and Presidents Day, which some workers have off as a holiday.

The event is organized by General Strike USA. It’s a bit wordy, but according to the event page:

WE DEMAND RECONSTITUTION. Disrupt the economy until we have a government, instead of being had by one. This is how we stop Trump and the entire corrupt political establishment before they destroy us and the planet we call home.

At this dangerous point in our history, we must confront a bitter truth: any political system that can allow Donald Trump to come to power is not a system worth keeping. Indeed, our elections, as controlled by the major political parties, offer us merely a contest of personalities rather than a choice between real alternatives. These contests mask the major parties’ underlying unity in a neoliberal economic establishment that serves the wealthy few at the expense of the impoverished many.

The general strike promotes a change of the system, not a change within the system, and encourages dismantling the establishment.

So far, the Facebook event has more than 2,000 people signed up, nationally, to participate, with 3,000 more interested in taking part. And 22,000 more have been invited to strike.

General strike in Seattle: A separate, unrelated general strike is organized in Seattle amid the national event. The Solidarity Strike is slated to take place between 11 a.m. and 4 p.m., Feb. 17 at Volunteer Park in Seattle. It is organized by Solidarity for Justice in Education.

As the organization’s name implies, the strike is more focused on Washington’s education system as lawmakers are in session, attempting to fully fund it. The State of Washington has been ordered by its own Supreme Court to fully fund education. But there has been a tug-of-war between Democrats and Republicans on just how to do that.

The event notice states: Solidarity Demonstration to #Resist the WA Senate Republican proposal to fund education by undermining collective bargaining rights of Education Workers. All Labor Unions are welcome and encouraged to stand in support of this Legislative attack on Unions. No Right to Work in Washington.

The Seattle event has 1,300 people interested in taking part, and 324 confirmed to go. There are 1,600 more invited to come. Comments on the event’s page seem to have a theme — it would have a better turnout if organizers planned it on the weekend, instead of during the workday.

Free Daniel rally: Before Seattle’s strike in Volunteer Park, another event has been put together at the last minute by a range of organizers, including Seattle Councilmember Kshama Sawant.

The “Free Daniel Rally Against Deportations Fight Trump!” is scheduled for 9 a.m. at the Seattle Federal Courthouse in downtown Seattle. At least 1,000 people are interested in attending, and more than 200 have committed to going. Another 1,400 have been invited.

The event is partially motivated by a series of immigration roundups and detainments. Then, locally, Daniel Ramirez Medina was detained after he had an encounter with the law. He is covered under regulations passed under the Obama administration that allows immigrants who entered the country as minors to stay in renewable two-year periods. That regulation is known as Deferred Action for Childhood Arrivals, or DACA.

The Facebook event states: Over the last week, Trump’s administration has detained and deported 600+ immigrants. Here in Seattle, on Tuesday 2/14, Daniel Ramirez Medina, a 23-year-old father who has received repeated approval to stay and work under the DACA program, was taken by ICE.  Medina has a court appearance on Friday during the rally.

The Department of Homeland Security argues another perspective. It says that those protected under DACA can be deported if they are perceived as threats to public safety.

According to a press release from DHS:

On February 10, Daniel Ramirez-Medina, a gang member, was encountered at a residence in Des Moines, Washington, during an operation targeting a prior-deported felon. He was arrested by U.S. Immigration and Customs Enforcement (ICE) and was transferred to the Northwest Detention Center to await the outcome of removal proceedings before an immigration judge.

This case illustrates the work ICE fugitive operations teams perform every day across the country to remove public safety threats from our communities when they encounter them. ICE officers, along with their law enforcement partners, have and will continue to enforce our nation’s laws to protect public safety, national security, and to preserve the integrity of our immigration system.”

DCG

 

Undocumented student sues Wells Fargo for denying her student loan

Wells Fargo Immigrant Loans

Mitzie Perez/Photo from WCB TV

Aside from this student’s immigration status, I’d be more concerned she won’t find a real job to pay back her loan, given the focus of her studies

From Fox Business:  A federal lawsuit on Monday accused banking giant Wells Fargo of illegally denying student loans to young immigrants who are protected from deportation and allowed to work and study in the U.S. under a program created by former President Barack Obama.

Wells Fargo said it was disappointed the plaintiffs sued instead of working with the bank on a solution.

The young immigrants in the country illegally have Social Security numbers and documents that meet bank requirements for identification, but Wells Fargo refuses to give them loans based on their citizenship status, according to the lawsuit from the Los Angeles-based Mexican American Legal Defense and Educational Fund.

The loans, meanwhile, are available to U.S. citizens and permanent residents, the suit says.

It seeks a court order declaring the policy discriminatory and forcing Wells Fargo to grant the loans to those participating in the Deferred Action for Childhood Arrivals program. It also seeks unspecified monetary damages.

“Wells Fargo understands the dream of pursuing higher education and we remain focused on our responsible lending practices to assist temporary and permanent residents and U.S. citizens in obtaining student financing,” the bank said in a statement.

Banking experts say financial institutions can face unique challenges getting repaid by borrowers who are not in the country permanently, including potential difficulty in accepting payments from foreign banks.

A spokesman for Chase Bank said it does not offer student loans. An email to representatives for Bank of America was not immediately returned.

The lawsuit comes amid concern among immigrant groups that President Donald Trump will cancel the DACA program as part of a broader effort to control immigration. Trump has signed executive actions over the past week to build a wall along the U.S.-Mexico border, temporarily ban immigration from seven Muslim-majority countries and suspend the United States’ entire refugee program.

“It’s very important in our view to establish that there are clear rules against this kind of discrimination, particularly in a time like this,” said Tom Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, referring to the new administration.

Obama created DACA by executive order in 2012, providing temporary protection for immigrants brought to the United States by their parents before the age of 16 and who live in the country illegally.

Under the program, recipients receive a Social Security number, allowing them to work, pay taxes, study and travel for a two-year period. More than 750,000 immigrants had been approved for DACA as of December 2016, federal officials say.

Mitzie Perez, one of those immigrants and a plaintiff in the lawsuit, came to the U.S. illegally in 1997 from Guatemala at age 5. Now 25, Perez is a junior at the University of California, Riverside, where she is focusing on gender and sexuality studies.

She applied for a student loan from Wells Fargo last year to help cover the costs of her education but was not able to proceed with the online loan application after she disclosed she was not a U.S. citizen or permanent resident, according to the lawsuit. She said she works and has used credit cards to cover her tuition. “Every day I consider not completing my education because I don’t have the means,” she said.

The lawsuit seeks class-action status on behalf of other DACA recipients who have been denied loans by Wells Fargo. Saenz said it was too early to know how many people might qualify.

DCG

DHS memo indicates President Trump will hit the ground running with border wall construction

According to an internal Department of Homeland Security (DHS) memo that Reuters reviewed, once he’s inaugurated on January 20, President Donald Trump will hit the ground running on constructing that US-Mexico border wall he’s promised.

obama border patrol

Julia Edwards Ainsley reports for Reuters, Jan. 3, 2017, that the DHS memo “offers a glimpse into the president-elect’s strategy for securing the U.S. borders and reversing polices put in place by the Obama administration.”

The DHS memo recounts “wide-ranging” requests for documents and analysis by Trump’s transition team in a meeting the team had with DHS officials on December 5, 2016. Trump asked for the documents in order “to assess all assets available for border wall and barrier construction.”

Trump’s transition team asked for documents and information on:

(1) Copies of every executive order and directive Obama sent to immigration agents since he took office in 2009. (Note that President Trump can undo Obama’s executive orders with a wave of his pen and without Congressional consent or approval. See “How Trump can undo what Obama did in past 8 years”)

(2) A DHS aerial surveillance program called Operation Phalanx, which authorizes 1,200 Army National Guard airmen to monitor the southern border for drug trafficking and illegal migration. The program once deployed 6,000 airmen under President George W. Bush but was considerably scaled back by Obama.

(3) Whether federal workers have altered DHS’s biographic information about migrants “out of concern” for their civil rights and civil liberties. A DHS official, speaking on condition of anonymity, said the agency interpreted this Trump transition team request to mean the transition team wanted to make sure that federal workers were not tampering with information to protect DACA (Deferred Action for Childhood Arrivals) recipients and other migrants from deportation.

Note: Deferred Action for Childhood Arrivals (DACA) is an Obama administration immigration policy that allows certain undocumented immigrants illegal aliens who entered the U.S. as minors (defined as before their 16th birthday) to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit. To be eligible, they must have (illegally) entered the U.S. before June 2007; are under age 31 as of June 15, 2015; are currently in school or  a high school graduate or  honorably discharged from the military; have not been convicted of a felony, significant misdemeanor or otherwise pose a threat to national security. DACA does not provide lawful status or a path to citizenship. DACA has collected information including participants’ addresses that can theoretically be used to locate and deport them if the policy is reversed.

(4) DHS’s capacity for expanding “immigrant” detention.

(5) Resources available for building walls and barriers. DHS officials who attended the meeting with Trump’s transition team understood the request to include both the northern and southern borders. In response, U.S. Customs and Border Protection staffers identified:

  • Specific locations in more than 400 miles along the U.S.-Mexico border, and about the same distance along the U.S.-Canada border, where new fencing could be erected.
  • The costs of building a fence are estimated at $3.3 billion for 452 miles along the U.S.-Canada border, and $11.37 billion for 413 miles of fencing on America’s southwest border which would keep pedestrians as well as vehicles from crossing. Pedestrian fences require more staff and would cost $11.2 million per mile.

In fiscal year 2015, the latest year for which data is available, border patrol agents apprehended 331,333 illegal migrants on the U.S.-Mexico border, and 2,626 illegal migrants on the U.S.-Canada border.

H/t ZeroHedge

~Eowyn

Texas attorney general: U.S. is heading toward a constitutional crisis because of Obama flouting Congress and courts

Ken Paxton

In an interview on Fox News yesterday, Ken Paxton, the attorney general of the State of Texas, was asked whether America is heading toward “a constitutional crisis” because of Obama’s total disregard for Congress and now the courts. (The segment begins at the 2:55 mark in the Fox News video, here.)

Paxton replied:

“I think we are. If you think about what’s going on here — the President is violating federal law, the U.S. Constitution, which is going past what Congress is supposed to be doing, and now we’ve got the administration in court not being forthcoming about they’re supposed to be forthcoming about. We definitely have a huge issue here related to whether the Obama administration is going to follow the Constitution, and then once they get into court, whether they’re going to tell the truth.”

Paxton’s stunning remark was precipitated by Obama’s latest “F-you” to the court, specifically to Andrew Hanen, the federal judge who is single-handedly doing the job of the useless Congress by standing up to Obama’s reckless amnesty.

Judge Andrew Hanen

Judge Andrew Hanen

On Feb. 16, 2015, U.S. District Judge Hanen issued a preliminary injunction to temporarily block Obama’s amnesty so as to give a coalition of 26 states the time they need to pursue a lawsuit to permanently stop the amnesty orders. If the implementation of Obama’s amnesty were not blocked, Hanen reasons, the 26 states will “suffer irreparable harm in this case” because once the millions of illegals obtain amnesty, “the genie would be impossible to put back into the bottle.” (See “Federal judge stops Obama’s executive amnesty for illegals”)

At issue are two executive memoranda signed by Obama last November:

  1. The first memorandum 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.
  2. The second executive memo, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.

See also “Obama has issued more executive orders than any U.S. president in history.

Combined, DACA and DAPA could affect as many as 5 million immigrants living in the country illegally. Some estimates are as high as 10 to 12 million illegals.

4 days after Judge Hanen’s order blocking the implementation of Obama’s amnesty, the Department of Justice (DOJ) announced it would seek an emergency stay of the judge‘s injunction. (See “Obama emergency order to restart amnesty in defiance of federal judge Hanen”)

Hanen responded by denying the DOJ’s request. So the federal government has asked the 5th U.S. Circuit Court of Appeals in New Orleans to lift Hanen’s injunction while the case is appealed.

Obama vs. Hanen

 

The latest tussle between Judge Hanen and Obama took place last Thursday, March 19, 2015.

As reported by FoxNews, at a Texas hearing on Obama’s amnesty executive actions, Judge Hanen sharply scolded a DOJ attorney — that the administration had misled Hanen on a key part of the program, for which Hanen fell “like an idiot.” Hanen said he could order sanctions against the administration if he finds the DOJ indeed had misrepresented the facts.

At issue is whether the DOJ had misled the judge into believing that a plank of the Obama amnesty program would not go forward before he made the Feb. 16 ruling to temporarily halt it. The program is the Deferred Action for Childhood Arrivals (DACA) that gives deportation reprieves (i.e., effective amnesty) to thousands of young illegal immigrants brought to the U.S. as “minors.” The problem is that even before Hanen’s ruling on Feb. 16 to block DACA’s implementation, federal officials had already given 3-year reprieves and work permits to more than 108,000 illegal aliens.

Kathleen Hartnett Associate White House Counsel Kathleen Hartnett, a Harvard Law grad like Obama, successfully worked on repealing Don’t Ask Don’t Tell.

At the Thursday hearing, Hanen chided DOJ attorney Kathleen Hartnett for telling him at a January hearing before the Feb. 16 injunction was issued that nothing would be happening with regard to DACA until Feb. 18.

“Like an idiot I believed that,” Hanen said.

A flustered Hartnett repeatedly apologized to Hanen for any confusion related to how the reprieves and work permits were granted. “We strive to be as candid as possible. It truly became clear to us there was confusion on this point,” she said.

“Can I trust what the president says? That’s a yes or no question,” Hanen asked.

“Yes your honor,” Hartnett replied.

The coalition of 26 states have asked that Hanen consider issuing sanctions against the Obama administration because, in the words of the coalition’s lead attorney Angela Colmenero (who is also a lawyer with the Texas Attorney General’s Office), DOJ attorneys had made “representations (that) proved not to be true or at a minimum less than forthcoming.”

Obama’s DOJ lawyer Hartnett insists “There is absolutely no basis for sanctions here. The government is absolutely trying to do the right thing.”

Hanen said he would issue a ruling “promptly” on what action, if any, he will take against the Justice Department.

See also:

~Éowyn