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Tuesday, April 09, 2013
Wednesday, February 13, 2013
Tuesday, January 29, 2013
Friday, August 10, 2012
Obama's IRS discouraging employees from investigating tax fraud by illegal immigrants
Monday, July 02, 2012
Obama Contributor, Who Helped Enact Assault-Weapons Ban, Ran ‘Fast and Furious
Dennis K. Burke, who as a lawyer for the Democrats on the Senate Judiciary Committee in the 1990s was a key player behind the enactment of the 1994 assault-weapons ban, and who then went on to become Arizona Gov. Janet Napolitano’s chief of staff, and a contributor to Barack Obama’s 2008 presidential primary campaign, and then a member of Obama's transition team focusing on border-enforcement issues, ended up in the Obama administration as the U.S. attorney in Arizona responsible for overseeing Operation Fast and Furious.
When Obama nominated Burke to be U.S. Attorney for the District of Arizona, Burke told the Arizona Capitol Times he believed he understood what the president and his attorney general wanted him to do.
“There’s clearly been direction provided already by President Obama and Attorney General Holder as to what they want to be doing, and this is an office that is at the center of the issues of border enforcement,” said Burke.
Over the course of several days, CNSNews.com left multiple telephone messages with Burke for comment on this story. He did not respond.
Dennis K. Burke has had a long career working as an aide and political appointee to Democratic elected officials. From 1989 to 1994, he was a counsel for the Democrats on the Senate Judiciary Committee, working in that capacity for several years on an assault-weapons ban, which was finally enacted on Sept. 13, 1994 as the Violent Crime Control and Law Enforcement Act. That act expired on Sept. 13, 2004. (See NYT: Dennis Burke, Sen. DeConcini, Weapons Ban.pdf)
From 1994-95, Burke served in the Clinton Justice Department in the Office of Legislative Affairs, and in 1997-99, he was an assistant U.S. attorney in Arizona.
From 1999 to 2003, Burke was chief deputy and special assistant to Arizona Attorney General Janet Napolitano.
In 2003, when Napolitano became governor, Burke became her chief of staff. He stayed in that job until the fall of 2008, when he left to help Democratic political campaigns, including then-Sen. Obama’s presidential campaign.
Federal Election Commission (FEC) records show that on Jan. 9, 2008, while working as Gov. Napolitano’s chief of staff, Burke contributed $2,000 to then-Sen Obama’s presidential primary campaign. Since 1997, according to FEC records, Burke has contributed a total of $16,350 to various Democratic candidates.
After Obama was elected in November 2008, Burke joined his presidential transition team, serving on the Immigration Policy Working Group.
Eight days before Obama’s inauguration, on Jan. 12, 2009--while Burke was working on the transition team--Obama met with Mexican President Felipe Calderon at the Mexican Cultural Institute in Washington, D.C. At that meeting, Obama “pledged” to take action to stop the flow of guns from the United States to Mexico.
Obama also decided to put Burke’s old boss, incoming Homeland Security Secretary Janet Napolitano, in a leadership role in making the gun-trafficking problem a top priority.
“President-elect Obama expressed support for efforts in the border states in both the United States and Mexico to eradicate drug-related violence and stop the flow of guns and cash,” incoming White House Press Secretary Robert Gibbs said in a statement at the time. “He told President Calderón that he intends to ask the Secretary of Homeland Security to lead an effort to increase information sharing to strengthen those efforts. He pledged to take more effective action from the United States to stem the flow of arms from the United States to Mexico.”
When Napolitano became Homeland Security secretary, Burke moved from the Obama transition team to become her senior adviser. On Feb. 25, 2009, a little more than a month after Obama had made his “pledge” to Calderon, Napolitano testified in the House Homeland Security Committee. She stressed that stopping the flow of guns to Mexico was a top priority of the Obama administration and key focus of her work.
Napolitano further noted that drug cartels were targeting Mexican government officials and law enforcement officers, and that, given the seriousness of the threat, Obama’s national security adviser, the attorney general, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Customs (of which the Border Patrol is part) would all be working on the issue.
Wednesday, June 27, 2012
Monday, June 25, 2012
Homeland Security suspends immigration agreements with Arizona police
The Obama administration said Monday it is suspending existing agreements with Arizona police over enforcement of federal immigration laws, and said it has issued a directive telling federal authorities to decline many of the calls reporting illegal immigrants that the Homeland Security Department may get from Arizona police.
Administration officials, speaking on condition they not be named, told reporters they expect to see an increase in the number of calls they get from Arizona police — but that won’t change President Obama’s decision to limit whom the government actually tries to detain and deport.
“We will not be issuing detainers on individuals unless they clearly meet our defined priorities,” one official said in a telephone briefing.
The official said that despite the increased number of calls, which presumably means more illegal immigrants being reported, the Homeland Security Department is unlikely to detain a significantly higher number of people and won’t be boosting personnel to handle the new calls.
“We do not plan on putting additional staff on the ground in Arizona,” the official said.
The Supreme Court ruled Monday that Arizona may not impose its own penalties for immigration violations, but it said state and local police could check the legal status of those they have reasonable suspicion to believe are in the country illegally.
That means police statewide can immediately begin calling to check immigration status — but federal officials are likely to reject most of those calls.
Federal officials said they’ll still perform the checks as required by law but will respond only when someone has a felony conviction on his or her record. Absent that, ICE will tell the local police to release the person.
Arizona Gov. Jan Brewer said the court’s decision frees police up to perform immigration checks. In anticipation of the ruling, she issued an executive order calling for guidance to be issued to every police department on how to fairly carry out the law.
“We will move forward, instructing law enforcement to begin practicing what the United States Supreme Court has upheld,” she said.
But the Obama administration is under pressure from immigrant-rights groups to cut down on the number of people it is deporting and has taken a number of steps to try to limit deportations of rank-and-file illegal immigrants and focus instead on those with criminal records or repeated immigration violations.
Last week, Mr. Obama said he would halt deportations for most illegal immigrants under 30 who were brought here as children.
On Monday the administration officials also said they are ending the seven 287(g) task force agreements with Arizona law enforcement officials, which proactively had granted some local police the powers to enforce immigration laws.
The task forces, named for the section of law that allows them, have proved popular among many localities but have been a political headache for the Obama administration, with immigrant-rights groups saying they led to abuses.
On Monday the administration officials said they had concluded the seven agreements they had signed with various departments in Arizona weren’t working and took the Supreme Court’s ruling as a chance to scrap them.
Sunday, April 29, 2012
Wednesday, April 25, 2012
Supreme Court casts doubt on Obama's immigration law claim
Supreme Court justices took a dim view of the Obama administration’s claim that it can stop Arizona from enforcing immigration laws, telling government lawyers during oral argument Wednesday that the state appears to want to push federal officials, not conflict with them.
The court was hearing arguments on Arizona’s immigration crackdown law, which requires police to check the immigration status of those they suspect are in the country illegally, and would also write new state penalties for illegal immigrants who try to apply for jobs.
The Obama administration has sued, arguing that those provisions conflict with the federal government’s role in setting immigration policy, but justices on both sides of the aisle struggled to understand that argument.
“It seems to me the federal government just doesn’t want to know who’s here illegally,” Chief Justice John G. Roberts Jr. said at one point.
The Arizona law requires all police to check with federal officials if they suspect someone is in the country illegally. The government argues that is OK when it’s on a limited basis, but said having a state mandate for all of its law enforcement is essentially a method of trying to force the federal government to change its priorities.
Solicitor General Donald B. Verrilli Jr. said the federal government has limited resources and should have the right to determine the extent of calls it gets about possible illegal immigrants.
“These decisions have to be made at the national level,” he said.
But even Democratic-appointed justices were uncertain of that.
“I’m terribly confused by your answer,” said Justice Sonia Sotomayor, who went on to say that the federal government can always decline to pick up illegal immigrants when Arizona officials call.
The Obama administration was on its firmest ground when it argued Arizona should not be allowed to impose state penalties such as jail time against illegal immigrants who try to seek jobs.
Federal law chiefly targets employers, not employees, and Mr. Verrilli said adding stiffer penalties at the state level is not coordination. He said Congress’s 1986 immigration law laying out legal penalties was meant to be a comprehensive scheme, and Congress left employees untouched — and Justice Sotomayor seemed to agree.
“It seems odd to think the federal government is deciding on employer sanctions and has unconsciously decided not to punish employees,” she told Paul D. Clement, who argued the case on behalf of Arizona.
A decision is expected before the end of the court’s term this summer.
Only eight justices were present for the arguments. Justice Elana Kagan recused herself from the case, presumably because she was the Obama administration’s solicitor general in 2010, when the law was being debated in Arizona.
Gov. Jan Brewer, who signed the measure into law, was present for the arguments, as were members of Congress who follow the immigration issue: Rep. Zoe Lofgren of California, the top Democrat on the House immigration subcommittee, and Rep. Steve King, an Iowa Republican who has fought for an immigration crackdown.
Critics have said the law, known as SB 1070, will lead to racial profiling of Hispanics in Arizona. But the Obama administration has not challenged the law on those grounds, instead focusing on issues of federal versus state power.
Mr. Verrilli said Arizona’s goal is to try to force the federal government to change its priorities, but he said those policies are designed at the national level in order to balance concerns over available resources and international relations.
“What [Arizona is] going to do is engage effectively in mass incarceration,” he said. “It poses a very serious risk of raising serious foreign relations problems.”
Some of the justices, including Justice Samuel A. Alito Jr., seemed concerned that allowing police to perform immigration checks could end up leading citizens being held even longer during stops by police.
Mr. Clement said the law still complies with the Fourth Amendment’s limits on unreasonable searches.
Anticipating an unfavorable ruling, Sen. Charles E. Schumer, a New York Democrat who is a critic of the Arizona law, said Tuesday that if the court does uphold the state’s law, he will introduce legislation to overturn that decision and grant the federal government sole control on immigration matters.
Mr. Schumer’s legislation would also overturn a 2011 Supreme Court case that upheld a separate Arizona law that requires all businesses in the state to check employees’ legal status using E-Verify, the federal government’s electronic verification system.
In that instance Congress specifically left open the chance for states to pass their own business licensing laws, and in a 5-3 ruling the justices upheld Arizona’s attempt.
Since Arizona passed its laws, other states have followed suit. Local enforcement laws have been adopted in a half-dozen states, though all have been challenged in court. Still states have adopted requirements that businesses use E-Verify.
Monday, April 23, 2012
Supreme Court To Take On Arizona Immigration Law
The Supreme Court’s health care showdown last month was all about Constitution theory and prerogatives. Wednesday’s arguments between Arizona and the Obama administration over the state’s tough immigration law looks to be all about power.
Arizona argues that the federal government has failed to enforce its laws on the books and says states should be free to enforce their own laws as long as they complement the national goals. Obama attorneys say the Constitution gives power over immigration to the federal government, and there can be no infringement.
The electorate is clearly on the side of Arizona: A Quinnipiac University Poll last week found that 62 percent of voters said they want the court to uphold the law.
But what the justices do is another matter altogether.
The law at stake, known as S.B. 1070, would grant state and local police the power to check the immigration status of those with whom they come into contact who they suspect are in the country illegally. It also requires legal immigrants to carry their papers — a mandate of federal law.
First a district court and then the 9th U.S. Circuit Court of Appeals blocked those parts of the law, sending S.B. 1070 on to the Supreme Court.
In the meantime, other states — including South Carolina, Alabama, Georgia and Utah — have followed Arizona’s lead in granting police enforcement powers.
Michael Wildes, an immigration lawyer in New Jersey, said filling in where the federal government is failing is not a constitutional reason to tread on federal prerogatives.
“The problem is that you can’t have a patchwork — we can’t have a quilt made of different patches in different states,” he said. “We need a seamless federal immigration law that will treat everybody equally.”
Mr. Wildes said the polling that showed most Americans favor Arizona’s law is a testament to frustration with the federal government on immigration. He said voters, egged on by “the xenophobia the media has created,” are beginning to take an us-versus-them approach to immigration that he said would shock the country’s founders.
Kris Kobach, who helped write S.B. 1070, said the law was designed to help the federal government, not to compete with it. He said there is no federal law that conflicts with Arizona’s, but rather a federal policy by the Obama administration, which enforces the law selectively.
Mr. Kobach, who was elected secretary of state in Kansas in 2010, said that would set a troublesome precedent.
“If the 9th Circuit decision is affirmed and Arizona loses, then we would be in a situation where the president or any minor official in the executive branch could simply invalidate dozens of state laws by issuing a formal statement or order,” he said. “They literally are saying that unelected officials can pre-empt state laws merely by saying the state law doesn’t meet their preferences.”
While President Obama and his advisers criticized the law in 2010 for leading to potential racial profiling, the lawsuit they filed asking the court to block it relies not on discrimination claims but on issues of government power and decision-making.
In one claim, the administration says the law interferes with the federal government’s ability to control foreign relations. Underscoring that claim, the government’s legal brief filed with the Supreme Court is signed by the State Department’s legal adviser, Harold Koh.
Wednesday, November 30, 2011
Tuesday, October 04, 2011
Wednesday, September 28, 2011
Rick Perry apologizes for 'heartless' comment on immigration question
From: The Hill's Video
Rick Perry said Wednesday that he was sorry for saying at last week's Republican debate that those opposed to providing an in-state tuition break to the children of illegal immigrants "did not have a heart."
“I was probably a bit over-passionate by using that word and it was inappropriate,” Perry said in a interview with Newsmax. “In Texas in 2001 we had 181 members of the legislature – only four voted against this piece of legislation – because it wasn’t about immigration it was about education.”
But Perry stood by his argument that building a fence along the entire Mexican border was unwise. The Texas governor said that the fence would likely be expensive, ineffective, and violate the property rights of those who owned land on the border.
“In the metropolitan areas where the fencing actually can play a positive role, absolutely,” he said. “But you have to have boots on the ground… having an obstacle without observation is no obstacle at all. So just the idea of building a fence and saying, ‘That will take care of it, let’s just build a fence,’ has never worked in the history of mankind.”
Other candidates seized on Perry's support of the tuition credits - and arguments against a fence - in an attempt to discredit him at the debate. Michele Bachmann argued that taxpayer dollars shouldn't benefit those here illegally, while Jon Huntsman suggested his position on the fence might be "treasonous." But while Perry walked back his 'heartless' comment, he insisted that his experience as governor of a border state best prepared him to handle immigration issues.
As Texas governor, a border governor, you have to deal with these issue, you can’t just talk about them and say, ‘Oh, let’s build a wall from Brownsville to El Paso and that will take care of it.’ We have to live with reality," Perry said.
He also reiterated criticism of the federal government for what he considers a failure to protect the southern border.
"We wouldn’t be having these conversations today, whether it’s about in-state tuition for illegal immigrants or whether it’s the Arizona law or whether it’s voter-ID which we passed in Texas, or sanctuary cities and the banning of those… None of those would come up if the federal government had simply done its job through the years to secure our borders," Perry said.
Wednesday, July 13, 2011
Illegal Immigrant? Ok If You're From Mexico, but Not Israel?
No, silly. Israel.
Yup — we’re warning off illegal aliens from a country whose illegal population here is so small we can’t even reliably estimate it, a country whose entire Jewish population is smaller than the number of illegal aliens just from Mexico. (Here’s a story from last week’s Forward on Israeli illegal aliens).