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ICE agents sue own agency over deferred deportations

By Alan Gomez, USA TODAY

A group of Immigrations and Customs Enforcement agents filed a lawsuit against their own agency Thursday, arguing that the Obama administration is not letting them fully identify and deport illegal immigrants.

Secretary of Homeland Security Janet Napolitano says her department does not have the manpower or money to deport the 11 million illegal immigrants in the USA, so she issued a memorandum last year ordering immigration officials to focus their efforts on dangerous illegal immigrants. In June, Obama announced a program that will allow up to 1.7 million illegal immigrants brought to the USA as children to have deportations deferred for at least two years.

The 10 ICE agents suing Napolitano and ICE Director John Morton say those directives violate the Constitution and federal immigration law. “We are federal law enforcement officers who are being ordered to break the law,” said Chris Crane, an ICE agent and president of the National Immigration and Customs Enforcement Council, a union for ICE employees. “This directive puts ICE agents and officers in a horrible position.”

ICE spokesman Ross Feinstein did not comment on the lawsuit but said more than half of the nearly 400,000 illegal immigrants deported in 2011 had been convicted of crimes, the largest number in the agency’s history. He said that shows the decision to focus on the most dangerous illegal immigrants is a policy that works, and June’s decision to defer deportation for young illegal immigrants enhances that strategy.

A spokesman for Republican presidential candidate Mitt Romney said Obama may have overstepped his authority by ordering the deportation deferments, and Romney would forge a long-term solution with Congress instead of relying on Obama’s “stop-gap measure.”

“The courts will have to sort this out, but this kind of uncertainty is unacceptable as these young people brought here as children are seeking clarity on their long-term status,” spokesman Ryan Williams said.

The lawsuit, filed Thursday in a Dallas federal court, requests that a judge strike down the two directives and protect the agents from any retribution for their lawsuit.

The suit is funded by NumbersUSA, a group that proposes lower levels of legal and illegal immigration, and the attorney is Kris Kobach, the secretary of State of Kansas who has helped Arizona and Alabama craft strict anti-illegal-immigration laws. His work on this lawsuit is not part of his official state duties.

The lawsuit was supported by some GOP legislators who have criticized Obama’s immigration plans as “backdoor amnesty.”

“These agent’s mission is to keep our borders secure, but the head of their agency is directing them otherwise, telling them to undermine their missions and contradict immigration law,” Sen. David Vitter, R-La.

Rep. Luis Gutierrez, D-Ill., said the program actually helps ICE officials by allowing them to focus on the most dangerous illegal immigrants. “Deferred action is a major boost to law enforcement who do not have to waste time on honor students and can do the harder work of actually tracking down and deporting criminals,” he said.

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Corpus Christi, Texas: Predator drones (el Mosco) have yet to prove their worth on border

The nine unmanned aircraft are expensive to operate but their results are unimpressive, critics say. But one official says the criticism is shortsighted.

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By Brian Bennett, Washington Bureau
April 28, 2012, 9:16 p.m

CORPUS CHRISTI, Texas — The drug runners call it “el mosco,” the mosquito, and one recent evening on the southern tip of Texas, a Predator B drone armed with cameras buzzed softly over the beach on South Padre Island and headed inland.

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Lyle Belew, the command duty officer in Predator Ops at the Naval Air Station in Corpus Christi, Texas, on the night of April 18, communicates with a Predator pilot. (Brian Bennett, Chicago Tribune / April 19, 2012)

“We’re going to get some bad guys tonight, I’ve got a feeling,” said Scott Peterson, a U.S. Customs and Border Protection supervisory air interdiction agent. He watched the drone’s live video feed in the Predator Ops room at Naval Air Station Corpus Christi, about 50 miles away.

As the unmanned plane flew up the winding Rio Grande, which forms the border with Mexico, Peterson fielded excited phone calls. One agent had seen known scouts for a Mexican cartel at a Dairy Queen, suggesting a load of drugs was coming through. Another called in the precise spot where the shipment would land.

Soon the drone’s infrared camera picked up a man hauling bales of marijuana from an inflatable rubber boat into a minivan on the Texas side of the river. Then it spotted a second boat. Agents readied for a major bust.

But the April 18 raid was not the success Peterson had envisioned. He wanted the drone to track the smugglers to a stash house, and perhaps to ranking cartel members. Instead, Border Patrol agents rushed to the riverbank, sirens blaring. They seized half a ton of pot, a 1996 Plymouth Voyager van and a boat. The smugglers escaped and no one was arrested.

The mixed results highlight a glaring problem for Homeland Security officials who have spent six years and more than $250 million building the nation’s largest fleet of domestic surveillance drones: The nine Predators that help police America‘s borders have yet to prove very useful in stopping contraband or illegal immigrants.

The border drones require an hour of maintenance for every hour they fly, cost more to operate than anticipated, and are frequently grounded by rain or other bad weather, according to a draft audit of the program last month by the Homeland Security Department‘s inspector general.

Last year, the unmanned fleet flew barely half the number of flight hours that Customs and Border Protection had scheduled on the northern or southern borders, or over the Caribbean, according to the audit.

And the drones often are unavailable to assist border agents because Homeland Security officials have lent the aircraft to the FBI, Texas Rangers and other government agencies for law enforcement, disaster relief and other uses.

The audit slammed Homeland Security for buying two drones last year and ordering an additional $20.5-million Predator B system in Cocoa Beach, Fla., this year, saying it already owns more drones than it can utilize. Each drone costs about $3,000 an hour to fly.

“The big problem is that they are more expensive than traditional methods” of patrolling, said T.J. Bonner, former president of the National Border Patrol Council, a union of border agents.

To help pay for the drones, Customs and Border Protection has raided budgets of its manned aircraft. One result: Flight hours were cut by 10% for the P-3 Orion maritime surveillance planes that hunt smuggling ships on the West Coast and in the Caribbean.

The amount of illicit drugs seized in Predator raids is “not impressive,” acknowledged Michael Kostelnik, a retired Air Force major general who heads the office that supervises the drones.

Last year, the nine border drones helped find 7,600 pounds of marijuana, valued at $19.3 million. The 14 manned P-3 Orions helped intercept 148,000 pounds of cocaine valued at $2.8 billion.

In an interview, Kostelnik dismissed criticism of the border drones as shortsighted. He sketched out scenarios, such as a nuclear plant meltdown or detonation of a dirty bomb, where the drones could help assess damage without endangering a pilot.

If a major terrorist attack occurred in Washington or New York City, Kostelnik said, he could put drones overhead in five hours, assuming they could be flown up from Florida or carried on a cargo plane, to help first responders and policymakers.

“It is not about the things we are doing today,” Kostelnik said. “It is about the things we might be able to do.”

The recent raid on the Rio Grande showed some of the pros and cons of the border drones.

Inside the Predator Ops center, the crew watched as the minivan filled with marijuana drove away on a dirt road. The Predator’s camera followed. Suddenly, a figure raced in front of the minivan, waving his hands for the driver to turn back.

“He’s spooked!” said Lyle Belew, the mission commander. “Stay on him!” he ordered the camera operator as the van did a quick U-turn.

Instead of risking a potentially violent standoff in a nearby residential neighborhood, the agents on the ground decided to cut the operation short and try to seize the drugs at the river.

A Border Patrol SUV suddenly appeared on screen, chasing the minivan back to the riverbank. Then six figures jumped out of the minivan and into the water, taking one of the two rubber boats. Several Border Patrol agents ran down the beach in pursuit.

In the Ops Center, Border Patrol liaison Hector Black worried that cartel gunmen might open fire on his agents from the far side of the river.

“Ask them to pan [the drone camera] to Mexico to make sure nobody starts shooting at our guys,” Black said. “See if there are guys with long arms,” meaning rifles.

The banks looked empty, but the camera clearly showed six figures and a rubber boat drifting down the dark river and back into Mexico.

brian.bennett@latimes.com

Copyright © 2012, Los Angeles Times

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The TSA’s mission creep is making the US a police state

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A TSA 'viper' (VIPR) team patrolling mass transit

The out-of-control Transportation Security Administration is past patdowns at airports – now it’s checkpoints and roadblocks

Jennifer Abel
guardian.co.uk,
Wednesday 18 April 2012 15.42 BST

Ever since 2010, when the Transportation Security Administration started requiring that travelers in American airports submit to sexually intrusive gropings based on the apparent anti-terrorism principle that “If we can’t feel your nipples, they must be a bomb”, the agency’s craven apologists have shouted down all constitutional or human rights objections with the mantra “If you don’t like it, don’t fly!”

This callous disregard for travelers’ rights merely paraphrases the words of Homeland Security director Janet Napolitano, who shares, with the president, ultimate responsibility for all TSA travesties since 2009. In November 2010, with the groping policy only a few weeks old, Napolitano dismissed complaints by saying “people [who] want to travel by some other means” have that right. (In other words: if you don’t like it, don’t fly.)

But now TSA is invading travel by other means, too. No surprise, really: as soon as she established groping in airports, Napolitano expressed her desire to expand TSA jurisdiction over all forms of mass transit. In the past year, TSA’s snakelike VIPR (Visual Intermodal Prevention and Response) teams have been slithering into more and more bus and train stations – and even running checkpoints on highways – never in response to actual threats, but apparently more in an attempt to live up to the inspirational motto displayed at the TSA’s air marshal training center since the agency’s inception: “Dominate. Intimidate. Control.”

Anyone who rode the bus in Houston, Texas during the 2-10pm shift last Friday faced random bag checks and sweeps by both drug-sniffing dogs and bomb-sniffing dogs (the latter being only canines necessary if “preventing terrorism” were the actual intent of these raids), all courtesy of a joint effort between TSA VIPR nests and three different local and county-level police departments. The new Napolitano doctrine, then: “Show us your papers, show us everything you’ve got, justify yourself or you’re not allowed to go about your everyday business.”

Congresswoman Sheila Jackson-Lee praised these violations of her constituents’ rights with an explanation asinine even by congressional standards:

“We’re looking to make sure that the lady I saw walking with a cane … knows that Metro cares as much about her as we do about building the light rail.”

See, if you don’t support the random harassment of ordinary people riding the bus to work, you’re a callous bastard who doesn’t care about little old ladies.

No specific threats or reasons were cited for the raids, as the government no longer even pretends to need any. Vipers bite you just because they can. TSA spokesman Jim Fotenos confirmed this a few days before the Houston raids, when VIPR teams and local police did the same thing to travelers catching trains out of the Amtrak station in Alton, Illinois. Fotenos confirmed that “It was not in response to a specific threat,” and bragged that VIPR teams conduct “thousands” of these operations each year.

Still, apologists can pretend that’s all good, pretend constitutional and human rights somehow don’t apply to mass transit, and twist their minds into the Mobius pretzel shapes necessary to find random searches of everyday travelers compatible with any notion that America is a free country. “Don’t like the new rules for mass transit? Then drive.”

Except even that doesn’t work anymore. Earlier this month, the VIPRs came out again in Virginia and infested the Hampton Roads Bridge-Tunnel, also known as the stretch of Interstate 64 connecting the cities of Hampton and Norfolk. Spokesmen admitted again that the exercise was a “routine sweep”, not a response to any specific threat. Official news outlets admitted the checkpoint caused a delay (further exacerbated by a couple of accidents), but didn’t say for how long. Local commenters at the Travel Underground forums reported delays of 90 minutes.

I grew up in the Hampton Roads region of Virginia. When I was a kid, my dad crossed the bridge-tunnel every day while commuting to work. When I was in university, I did the same thing. The old conventional wisdom said “Get to the airport at least two hours early, so TSA has time to violate your constitutional rights before boarding.” What’s the new conventional wisdom – “Leave for any destination at least 90 minutes early, so TSA can violate your rights en route”?

Airports, bus terminals, train stations, highways – what’s left? If you don’t like it, walk. And remember to be respectfully submissive to any TSA agents or police you encounter in your travels, especially now that the US supreme court has ruled mass strip-searches are acceptable for anyone arrested for even the most minor offence in America. If you’re rude to any TSA agent or cops, you risk being arrested on some vague catch-all charge like “disorderly conduct”. Even if the charges are later dropped, you’ll still undergo the ritual humiliation of having to strip, squat, spread ’em and show your various orifices to be empty.

Can I call America a police state now, without being accused of hyperbole?

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