Category: National

AG Sessions Restricts Administrative Closure Of Immigration Proceedings

 On Thursday, May 17, 2018, Attorney General Jefferson Beauregard Sessions III issued a 26-page opinion and order in Matter of Castro-Tum, Respondent, 27 I&N Dec. 271 (A.G. May 17, 2018), restricting immigration judges from administratively closing cases before they issue decisions.  Sessions’ new order says “the current practice of administrative closure lacks a valid legal foundation”:

I hold that immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure.  Accordingly, immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action.

Where a case has been administratively closed without such authority, the immigration judge or the Board, as appropriate, shall recalendar the case on the motion of either party.

As reported by the New York Times here, the order “is unlikely to reopen all the cases” that are currently administratively closed, but it “injects fresh uncertainty in the lives of undocumented immigrants living in the United States.”

The Sentinel is strongly opposed to illegal immigration into our great nation.  That opposition does not, however, limit concern for unnecessary restrictions being placed on our Administrative Law Judges, who work daily in the trenches, carefully reviewing each case before making individualized decisions regarding the particular merits of each case.

AG Sessions’ action takes authority away from the experienced men and women in our ALJ corp and places it in an absolutionism of regulation without the standards of public notice, review and consideration and review that Federal Regulations are required by law to have.

Actions such as this, promulgation of regulation by fiat, lead to despotism, which the Sentinel, though a Republican owned publication, stands firmly against, administratively mandated “zero tolerance policies” which strip officials of their congressionally granted discretion offend the American citizen’s duly constituted and ratified liberty based governmental model and should not br allowed to stand.

U.S. Seeks Continued Inspections if Iranian Nuclear Sites

The White House wants intrusive inspections of Iran’s nuclear sites to continue despite President Donald Trump’s withdrawal from a landmark accord on Tehran’s atomic program, US officials have told America media agencies.

Days after the president walked away from a three-year-old deal that mandated rigorous scrutiny of Iranian facilities, senior administration officials said monitoring should continue regardless.

Known officially as the Joint Comprehensive Plan of Action (JCPOA), the deal between Tehran and major world powers forces Iran to open any site to inspectors within 24 days at most and introduced 24-hour remote surveillance at some sites.

Supporters of the Obama-era accord argue it provided “the world’s most robust” monitoring regime, allowing access to the Islamic republic’s most sensitive nuclear sites.

Speaking at a rally in Indiana on Thursday Trump said tough inspections were still needed.

“We must be able to go to a site and check that site. We have to be able to go into their military bases to see whether or not they’re cheating,” he said.

The White House is demanding the existing inspection regime, however imperfect, continue under the aegis of the International Atomic Energy Agency, the UN nuclear watchdog.

“We expect Iran will continue to implement the Additional Protocol and cooperate with the IAEA whether or not the JCPOA remains in place,” one senior administration official said.

A second official confirmed on Thursday that Washington still wanted the inspections.

Other signatories to the Iran deal — including Tehran, China and European powers — have vowed to press ahead with the agreement’s implementation.

But officials are privately skeptical about how long it can survive, particularly if the United States imposes sanctions on European companies doing business in Iran.

And non-proliferation experts have warned that a vital window into Iran’s nuclear activities could be lost.

“If the agreement collapses, Iran is under no obligation to implement any of these provisions, either the Additional Protocol or the deal-specific measures,” said Kelsey Davenport, director for nonproliferation policy at the Arms Control Association.

“The nuclear deal with Iran put the country’s program under a microscope,” she explained, saying the measures serve as “an early warning system that will set off alarm bells if Iran tries to cheat on its commitments or conduct illicit activities.”

– Are inspections effective? –

Since the nuclear accord was reached in 2015, the IAEA has carried out hundreds of inspections inside Iran.

That includes monitoring at Fordo, an underground fuel enrichment plant inside a base used by Iran’s powerful Islamic Revolutionary Guard Corps.

The JCPOA adds an extra layer of scrutiny not found in existing accords, including monitoring of mines and restrictions on multi-point detonation systems and nuclear computer simulations.

The IAEA has so far confirmed that Iran is adhering to its “nuclear-related commitments,” although the US administration questions that conclusion.

“You cannot say that Iran is in compliance unless you are 100 percent certain that the IAEA and our intelligence are infallible,” said US national security advisor John Bolton.

That approach has left some questioning why the administration wants monitoring to continue at all.

“If they don’t trust the inspections, I don’t know why they would be strongly encouraging Iran to comply,” said Corey Hinderstein, a fuel cycle expert who previously worked on implementation of the deal at the Department of Energy.

“The fact is the inspections are and have been effective,” she said.

American citizens are working on the IAEA inspection team, but are based in Vienna, not on the ground in Iran.

Hinderstein said there is every indication that the US is preparing to pull out of other non-inspection mechanisms in the agreement, including converting the Arak heavy water reactor and the “procurement channel” that regulates the import of dual use materials to Iran.

Trump has described the agreement as “the worst deal in history” and vowed to renegotiate it.

He has also warned that Iran will be punished if it returns to military-scale uranium enrichment.

“If the regime continues its nuclear aspirations, it will have bigger problems than it has ever had before,” Trump said.

Homeland Security Will Now Refer 100% Of Illegal Southwest Border Crossings For Prosecution

Yesterday, Attorney General Jefferson Beauregard Sessions III delivered remarks in San Diego, California discussing immigration enforcement actions of the Trump Administration.

Here are some highlights from the Attorney General’s remarks:

Today we are here to send a message to the world: we are not going to let this country be overwhelmed.

****

That’s why the Department of Homeland Security is now referring 100 percent of illegal Southwest Border crossings to the Department of Justice for prosecution.  And the Department of Justice will take up those cases.

I have put in place a “zero tolerance” policy for illegal entry on our Southwest border.  If you cross this border unlawfully, then we will prosecute you.  It’s that simple.

If you smuggle illegal aliens across our border, then we will prosecute you.

If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law.

If you make false statements to an immigration officer or file a fraudulent asylum claim, that’s a felony.

If you help others to do so, that’s a felony, too.  You’re going to jail.

     ****

In order to carry out these important new enforcement policies, I have sent 35 prosecutors to the Southwest and moved 18 immigration judges to the border.  These are supervisory judges that don’t have existing caseloads and will be able to function full time on moving these cases.  That will be about a 50 percent increase in the number of immigration judges who will be handling the asylum claims.

Previously, the Attorney General sent a memorandum to all federal prosecutors on April 11, 2018, titled Renewed Commitment to Criminal Immigration Enforcement , detailing new charging-practice policies in immigration cases. A Statement from DHS Press Secretary on April Border Numbers, released May, 2018, echoes the Attorney General’s remarks, warning: “If you enter our country illegally, you have broken the law and will be referred for prosecution.  DHS has zero tolerance for those who break the law and will no longer exempt classes or groups of individuals from prosecution.  Whether you are a single adult or an adult member of a family unit, if you are apprehended you will be prosecuted and put in removal proceedings.” The U.S. Customs and Border Protection’s border migration numbers for April 2018 are here.

As The Sentinel Sees It:

The Sentinel is deeply concerned with the matter of illegal immigration and serious criminal acts involved with human smuggling across the borders of our great land.

We are likewise concerned about the overreaching nature Mr. Sessions past acts, both in the Senate and as our Attorney General and worry that this most current action will not reduce the number of people desperate to reach our country, but will instead increase their desperation, risking the lives of our troops and border agents.

Criminal prosecution zero tolerance policies take charging discretion away from the local United States Attorneys, who are put in place specifically for the purpose of determining, on a case-by-case basis, what the appropriate action is in any given situation.

These men and woman are selected carefully, not just for their extensive legal experience, but also for their awareness of the needs of their local communities.  The exercise of their discretion and common sense help keep our justice system, if not perfect, one of best in the world.

Zero tolerance policies and Washington based mandates don’t only call into question the level of trust Attorney General Sessions has in our nation’s U.S. Attorneys, it also questions his respect for our entire system of justice and the will of the American people.

This matter extends well beyond the important question of immigration into other essential areas.  Stripping the United States Attorneys of their charging discretion on this issue could well lead to a loss of it on others until, ultimately, only bureaucratic absolutes from the District remain.

The Sentinel stands firm on the importance of recognizing and addressing criminal conduct, but urges AG Sessions and President Trump to review this “zero tolerance” mandate and return charging authority to were it belongs, in the hands of the experienced men and women the President appointed and the Senate confirmed to make such decisions.

 

 

U. S. F-22 Stealth Fighters Arrive In Korea

American F-22 stealth fighter jets have arrived in South Korea ahead of a joint air force drill, Seoul said Wednesday, despite a recent diplomatic thaw with Pyongyang.

The “Raptor” fighters previously flew to the South in December when Seoul and Washington staged their largest-ever joint air exercise, days after North Korea test-fired a missile believed capable of hitting the US mainland.

The North customarily reacts with anger to the deployment of American stealth fighters, which it fears could be used for surgical strikes against its leadership and strategic facilities.

The confirmation came after local newspapers said eight F-22 jets arrived Sunday at a military airbase in the southern city of Gwangju.

The “Max Thunder” drill will kick off on May 11 for a two-week run, with the reported participation of some 100 aircraft from both countries.

“Max Thunder is a regular exercise that has been on the docket long before a planned US-North Korea summit”, the South’s Defence Ministry said in a statement.

It urged news media to refrain from producing “speculative reports” about the intention of the deployment aside from the routine exercise.

That request came after the conservative Chosun Ilbo daily claimed the aircraft deployment was apparently aimed at heaping pressure on Pyongyang ahead of a planned summit between North Korean leader Kim Jong Un and US President Donald Trump.

The Panmunjom truce village in the demilitarised zone between North and South, where a rare inter-Korean summit successfully convened last week, has emerged as a possible venue for the Kim-Trump meeting.

Chosun suggested the arrival of F-22 jets could also be aimed at bolstering security in case the North Korea-US summit takes place at Panmunjom.

France & Iran Combine Forces to Defend Iran Nuclear Deal to U.S.A.

Russian President Vladimir Putin and French leader Emmanuel Macron launched a joint defence of the Iranian nuclear deal on Monday but expressed differences on how to move forward as US President Donald Trump weighs up whether to scrap it.

The Kremlin said Putin and Macron were both calling for “strict observance” of the hard-fought 2015 agreement after a phone call between the two leaders.

Macron’s office however said that while the pair agreed on the need to “preserve the gains from the agreement”, the French leader was also pushing for international talks on a potential wider deal.

“The president expressed his desire for discussions on controlling (Iran’s) nuclear activity after 2025, in close cooperation with Russia, other permanent members of the UN Security Council, European and regional powers,” the French statement said.

Trump has a May 12 deadline to decide on whether or not to walk away from the deal, which he has derided as “insane” partly because its restrictions on Iran’s nuclear activities begin expiring in 2025.

Moscow has previously said there was “no alternative” to the agreement and that Tehran’s position on the issue was paramount. Iran’s President Hassan Rouhani has rejected any suggestion of rewriting the deal.

The agreement, thrashed out between Tehran and six world powers after fraught negotiations, saw Iran agree to freeze its nuclear programme in exchange for the lifting of crippling economic sanctions.

But Trump has called for it to be altered or scrapped.

Macron has positioned himself as an emissary for European officials seeking a compromise that would keep the deal intact. He has previously suggested an additional deal that extends Iran’s nuclear restrictions.

But after a state visit to the US this week, he admitted he had failed to secure any promise from Trump to keep the deal alive.

Major European powers Britain, France and Germany all remain committed to the pact, saying it is the best way to keep Tehran from getting a nuclear bomb.

– ‘Hi, Vladimir’ –

Along with urging fresh negotiations on Iran, Macron called for international talks on the wars in Syria and Yemen with the support of Russia.

He “indicated his wish for Russia to play a constructive role in all of these questions to avoid tensions mounting in the region”, the statement said, in a nod to increasingly cold relations between Russia and the West.

The French president, who has argued for keeping European communications open with Moscow despite tensions over the war in Syria, is due to visit Russia on May 24 and 25.

A video posted to Macron’s official Twitter account showed him calling Putin from his plane en route to Australia, in which he addresses the Russian leader warmly as “Vladimir” using the informal form of “you”.

“Hi Vladimir, how are you?” he is heard saying. “Thanks for agreeing to this phone call, I wanted to talk to you to take stock of the situation.”

Aside:  Trump and Macron planted a tree — but where did it go?
The photograph was seen around the world: US President Donald Trump and France’s Emmanuel Macron, gilded spades in hand, shovelling dirt over a young sapling.

A week ago, at the beginning of Macron’s visit to Washington, the French president joined his American counterpart to throw handfuls of soil on the roots of a young oak tree as the their respective first ladies looked on

It was a symbolic gesture: the tree came from a northern French forest where 2,000 US Marines died during the First World War.

But a few days later, the plant was nowhere to be seen.

Amid fervent speculation, France on Sunday came through with an explanation: the tree, now not just a plant but a symbol of US-French relations, had been placed in quarantine.

“It is a quarantine which is mandatory for any living organism imported into the US,” Gerard Araud, French ambassador to America, wrote on Twitter.

“It will be replanted afterwards.”

When a follower fired back that the caution seemed a bit late — given that the tree had already been planted — the diplomat went on to confirm that the roots had been enclosed in plastic.

 

Photo: Iran’s Atomic Energy Research Center at Bonab is investigating the applications of nuclear technology in agriculture.
– The American Sentinel Newsletter