Heritage Foundation: Law, ICE Are “Irrelevant” to Biden Administration

From the Daily Signal and the Heritage Foundations comes this article detailing how the current administration is actively working to remove border security – Law, ICE Are “Irrelevant” to Biden Administration

President Joe Biden has been functionally abolishing Immigration and Customs Enforcement from his first day in office.

A year and a half into his presidential term, Biden’s administration is getting bolder and more strategic, gutting ICE resources and funding, doing everything it can to stop immigration enforcement, and directing ICE lawyers to close tens of thousands of illegal aliens’ cases.

Biden and Department of Homeland Security Secretary Alejandro Mayorkas continue to welcome record numbers of illegal immigrants at the border every day and refuse to protect the homeland (causing states such as Texas to take unprecedented measures to protect their residents).

Then, they take it a step further by refusing to detain or deport illegal immigrants once they are here. (Mayorkas has told ICE “that unlawful presence is not grounds for removal.”)

They have no problem stating their intentions:

From Day One, Biden got to work demoralizing the ICE workforce. The Washington Post reported in May of 2021:

‘It’s a weird, frustrating time,’ said one ICE official, who is not authorized to speak to reporters, describing a climate of distrust. ‘It feels like the administration doesn’t have our backs.’

Just as quickly, the administration largely defunded ICE, making it next to impossible for the agency to do its job.

And despite a federal court last month vacating Biden and Mayorkas’ latest attempt to radically limit lawful immigration enforcement, it’s hard to believe the administration will comply and not push back. It has a well-documented track record of ignoring court orders and acting as though it’s above the law.

To make matters worse, Biden’s DHS is on track to let 1 million deportable illegal immigrants off the hook through “de facto amnesty.” This irresponsible direction not only compromises public safety, but also leaves illegal aliens without any sort of official determination of status or directions for how to proceed.

Most recently, Biden’s U.S. Citizenship and Immigration Services issued June 24 policy guidance reinterpreting the law and, in effect, waiving explicit language in the Immigration and Naturalization Act stating that illegal aliens who were previously “unlawfully present” for at least six months are barred from returning to the U.S. for three or 10 years after “departure or removal.”

In short, U.S. Citizenship and Immigration Services will approve of prior lengthy illegal presence.

What’s more, the Biden administration is sending the message that if deportable illegal aliens have willingly left or been removed from the United States, they can enter again unlawfully and stay in the interior of the U.S. as many days as they wish.

It also opened the door for illegal aliens whose applications were previously denied on these inadmissibility grounds to submit a motion to reopen their case any time before Dec. 27. (Normally, a motion to reopen must be filed within 30 days of a decision.)

One of the highlights in the Citizenship and Immigration Services policy alert states: “a noncitizen’s location during the statutory 3-year or 10-year period and the noncitizen’s manner of return to the United States during the statutory 3-year or 10-year period are irrelevant (emphasis added) for purposes of determining inadmissibility under INA 212(a)(9)(B).”

You read that right: The written law is “irrelevant” to the Biden administration.

Meanwhile, the administration continues to refuse to release the congressionally required ICE Enforcement and Removal Report for fiscal year 2021.

The most obvious conclusion is that the Biden administration wants to effectively do away with ICE and immigration enforcement, hide the glaring issues that come along with nonenforcement policies, make it appear that all is well at the border, and dodge all responsibility by escaping congressional oversight and the criticism of the American people.

Although the president himself says he’s “working on” abolishing ICE, actions speak even louder than words.

Biden’s border policies and directives are some of the clearest examples proving that he bows to the demands of far left, open-borders activists. Day in and day out, this administration’s actions reveal nothing but disregard for national security and public safety, and disdain for the enforcement of the rule of law in this country.

Gatestone Institute: Denmark Cracks Down on “Parallel Societies”

This article from the Gatestone Institue describes Denmark’s attempt to “preserve social cohesion in the country by encouraging integration and discouraging ethnic and social self-segregation” — Denmark Cracks Down on “Parallel Societies”. The Danish Prime Minister said, “We must not accept that democracy is replaced with hatred in parallel societies. Radicalization must not be protected. It must be revealed.”

The Danish government has announced a package of new proposals aimed at fighting “religious and cultural parallel societies” in Denmark. A cornerstone of the plan includes capping the percentage of “non-Western” immigrants and their descendants dwelling in any given residential neighborhood. The aim is to preserve social cohesion in the country by encouraging integration and discouraging ethnic and social self-segregation.

The announcement comes just days after Denmark approved a new law banning the foreign funding of mosques in the country. The government has also recently declared its intention significantly to limit the number of people seeking asylum in Denmark.

Denmark, which already has some of the most restrictive immigration policies in Europe, is now at the vanguard of European efforts to preserve local traditions and values in the face of mass migration, runaway multiculturalism and the encroachment of political Islam.

The new proposals, announced by Interior and Housing Minister Kaare Dybvad Bek on March 17, are contained in a 15-page report, “Mixed Residential Areas: The Next Step in the Fight Against Parallel Societies.”

A main element of the plan calls for relocating residents of non-Western origin to ensure that, within the next ten years, they do not comprise more than 30% of the total population of any neighborhood or housing area in Denmark.

The plan also calls for phasing out the term “ghetto areas,” which has been criticized as being derogatory, and replacing it with the more politically correct “prevention areas” (forebyggelsesområder) and “transformation areas” (omdannelsesområder).

The term “ghetto,” which refers to areas with high concentrations of immigrants, unemployment and crime, first came into official use in Denmark in 2010 with the release of a government report, “Reinserting Ghettos into Society: A Showdown with Parallel Societies in Denmark.”

A “ghetto area” currently refers to a residential area with at least 1,000 inhabitants, where the proportion of non-Western immigrants and their descendants is higher than 50%, and where at least two of the following four criteria are met:

  • The proportion of residents aged 18-64 who are not in work or in education exceeds 40%.
  • The proportion of residents who have been convicted of violating the Penal Code, the Firearms Act or the Narcotic Drugs Act is at least three times the national average.
  • The proportion of residents aged 30-59 who have only a primary school education exceeds 60% of all residents in the same age group.
  • The average gross income for taxpayers aged 15-64 in the area (excluding education seekers) is less than 55% of the average gross income for all residents in the area.

In 2018, the Danish Parliament, with support from all of the country’s main political parties, adopted the “parallel society package” (Parallelsamfundspakken), also known as the “ghetto plan” (Ghettoplan). The 22-point plan states that there will be no “ghetto areas” in Denmark by 2030. Details are included in a government report, “One Denmark Without Parallel Societies.”

At the time, the government, explained the need for a comprehensive strategy to combat parallel societies:

“The government wants a cohesive Denmark. A Denmark that is based on democratic values ​​such as freedom and the rule of law, equality and freedom. Tolerance and equality. A Denmark where everyone participates actively. Over the past 40 years, Denmark’s ethnic composition has changed markedly.

“In 1980, we were 5.1 million people in Denmark. Today we are close to 5.8 million. The growth of the population comes from outside. Both immigrants and descendants of immigrants. The majority of the new Danes have a non-Western background.

“In 1980, there were about 50,000 people with non-Western backgrounds in Denmark. Today there are almost half a million. This corresponds to an increase from approximately one percent of the population to approximately 8.5 percent….

“What has gone wrong? At least three things.

“First, the individual immigrant has the responsibility to learn Danish, to get a job and become part of the local community and to be integrated into his new homeland. Far too few have seized the opportunities that Denmark offers, despite the fact that Denmark is a society with security, freedom, free education and good job opportunities.

“Second, as a society, for too many years we have not made the necessary demands of newcomers. We have had far too low expectations for the refugees and immigrants who came to Denmark. We have not made sufficiently tangible demands on jobs and self-sufficiency. Therefore, too many immigrants have ended up in prolonged inactivity.

“Third, for decades too many refugees and family-reunified people have not been integrated into Danish society. They have been allowed to clump together in ghetto areas without contact with the surrounding community, even after many years in Denmark, because we have not made clear demands on them to become part of the Danish community….

“It’s about to be the last call. In parts of Western Europe, massive challenges have arisen with ghettos and very ingrained parallel societies. Denmark is not there yet. And that is why we must make a massive effort now, so that we can stop the development before the problems become impossible to solve.

“There is only one way. The ghettos must be completely eradicated. Parallel societies must be broken down. And we must make sure that new ones do not arise. Once and for all, the very big task of integration must be tackled whenever immigrants and their descendants have not embraced Danish values ​​and isolate themselves in parallel societies.”

The 2018 agreement stipulates that if a residential area ends up on the so-called ghetto list, local councils must choose between four measures: 1) demolish public housing; 2) build new housing for private rental; 3) convert public housing to elderly or youth housing; or 4) sell public housing to private buyers or investors for private rental.

The plan seeks to reduce the share of public housing to no more than 40% in the most vulnerable areas by 2030. The overall goal is to transform the ghetto areas into normal residential areas.

Interior and Housing Minister Kaare Dybvad Bek says that the plan is working. The number of residential areas on the government’s most recent “ghetto list,” published in December 2020, has declined by half in three years, from 29 in 2018 to 15 in 2020. The number of “hardened ghettos,” which refers to any area that has been included on the ghetto list for four years in a row, has declined from 15 in 2018 to 13 in 2020.

Bek attributed the decline mainly to more people finding employment or pursuing an education:

“It is fantastically positive that it is progressing in so many areas, and we are already seeing the effect of the parallel society package. There is a historically large decrease in the number of vulnerable areas on all lists, especially because far more residents have come to find work or pursue education.

“The large drop in the number of vulnerable areas is especially a pat on the back to the housing organizations and municipalities that in recent years have worked hard to ensure mixed housing areas, so that all children have the same opportunities, no matter where they grow up.”

Bek’s newly named “prevention areas” are to be designated on the basis of the same criteria as the existing “ghetto areas,” but with lower limits. A “prevention area” refers to a residential area with at least 1,000 inhabitants, where the proportion of non-Western immigrants and their descendants is higher than 30%, and where at least two of the following four criteria are met:

  • The proportion of residents aged 18-64 who are not in work or in education exceeds 30%.
  • The proportion of residents who have been convicted of violating the Penal Code, the Firearms Act or the Narcotic Drugs Act is at least two times the national average.
  • The proportion of residents aged 30-59 who have only a primary school education exceeds 60% of all residents in the same age group.
  • The average gross income for taxpayers aged 15-64 in the area (excluding education seekers) is less than 65% of the average gross income for all residents in the area.

A total of 58 residential areas in Denmark will be categorized as “prevention areas” in the government’s new proposal, which will affect approximately 100,000 people of non-Western origin. Bek explained:

“For far too many years, we have closed our eyes to the development that was underway, and only acted when the integration problems became too great. Now we want to make sure that we do not once again stick our heads in the sand while new parallel societies emerge. We will do this by preventing more vulnerable housing areas and by creating more mixed housing areas throughout Denmark.

“Today, municipalities and housing organizations do not always intervene in time if large public housing areas enter into a negative spiral. Therefore, we will now provide access to most of the tools that apply to vulnerable residential areas. For us, it is about helping the residents and creating equal opportunities for all children, regardless of where they grow up in Denmark.

“The ‘ghetto’ term is misleading. I do not use it myself, and I think it overshadows the important work that needs to be done in the residential areas. This whole effort is about fighting parallel societies and creating a positive development in the residential areas, so that they are made attractive to a broad section of the population.”

Denmark’s governing center-left Social Democratic Party has pursued strong anti-immigration policies, partly in an effort to blunt the appeal of populist parties on the right.

Prime Minister Mette Frederiksen, who has been in office since June 2019, recently announced that her government intends significantly to limit the number of people seeking asylum in Denmark. The aim, she said, is to preserve “social cohesion” in the country.

Denmark, which has a population of 5.8 million, received approximately 40,000 asylum applications during the past five years, according to data compiled by Statista. Most of the applications received by Denmark, a predominately Christian country, were from migrants from Muslim countries in Africa, Asia and the Middle East.

In recent years, Denmark has also permitted significant non-asylum immigration, especially from non-Western countries. Denmark is now home to sizeable immigrant communities from Syria (35,536); Turkey (33,111); Iraq (21,840); Iran (17,195); Pakistan (14,471); Afghanistan (13,864); Lebanon (12,990) and Somalia (11,282), according to Statista.

Muslims currently comprise approximately 5.5% of the Danish population, according to the Pew Research Center, which forecasts that this figure will double or possibly triple by 2050, depending on the migration scenario.

On January 22, during a parliamentary hearing on Danish immigration policy, Frederiksen said that she was determined to reduce the number of asylum approvals:

“Our goal is zero asylum seekers. We cannot promise zero asylum seekers, but we can establish the vision for a new asylum system, and then do what we can to implement it. We must be careful that not too many people come to our country, otherwise our social cohesion cannot exist. It is already being challenged.”

In her 2021 New Year’s address, Frederiksen said that in the year ahead, her government would continue to insist that immigrants integrate into Danish society:

“As a society, we must step more into character and stick to our Danish values. We must not accept that democracy is replaced with hatred in parallel societies. Radicalization must not be protected. It must be revealed.

“The government will rethink its integration efforts so that it is based to a greater extent on clear requirements and clear expectations with a focus on law and duty.

“Basically, it must be the case that once you have been granted residence in Denmark, you must of course support yourself. If this is not possible for a period of time, the government will propose that you — in return for your social welfare benefit — be obliged to contribute the equivalent of a normal working week of 37 hours. These are some of the tasks ahead of us in the new year.”

Cato Institute: H‑2A Visas for Agriculture – The Complex Process for Farmers to Hire Agricultural Guest Workers

The Cato Institute has a lengthy article explaining the H-2A agricultural worker program – H‑2A Visas for Agriculture: The Complex Process for Farmers to Hire Agricultural Guest Workers

Congress created the H‑2A program in 1986 to allow legal foreign workers to temporarily work for U.S. farmers who were unable to hire qualified Americans. However, illegal immigrant workers came to dominate the industry in the 1990s, and the H‑2A program was rarely used. While it still supplies only about 10 percent of farm labor, H‑2A employment has increased fivefold since 2005.

The H-2A program needs reforms, but productive reform is only possible if policymakers understand how the system currently operates. This brief explains how the H-2A visa program works. Its main findings include the following:

  • The H-2A program has more than 200 rules and is bureaucratically complex.
  • H-2A minimum wages are higher than every state’s minimum wage by, on average, 57 percent.
  • Americans accept only 1 in 20 H-2A job offers, and most later quit.
  • H-2A expansion is likely responsible for much of the large decline in illegal immigration from Mexico.
  • Violations of H-2A regulations are generally minor. An average of only 0.27 percent of farmers per year have been barred from the program because of serious H-2A violations.

H‑2A Program Rules

The H-2A program is an employer-sponsored temporary worker program, meaning that farmers initiate the process, not the workers. The H-2A visa program has no numerical cap but is restricted to temporary or seasonal jobs lasting less than a year.1 This requirement significantly limits participation and effectively bars dairies and most animal farms that demand labor year-round.2 H-2A’s most widely used predecessor—colloquially known as the Mexican Bracero Program (canceled in 1964)—had no such limitation.3 The H-2A program also narrowly defines “agriculture,” excluding most meat packers and processors.4

Figure 1 broadly outlines the H-2A process. The Government Accountability Office has found that the “complexity of the H-2A program poses a challenge for some employers” because it “involves multiple agencies and numerous detailed program rules that sometimes conflict with other laws.”5 In 2014, the U.S. Citizenship and Immigration Services (USCIS) ombudsman characterized the H-2A program simply as “highly regulated.”6 Appendix Table C details a noncomprehensive list of 209 H-2A rules that apply to workers and farmers, and Text Box 1 is a short summary of those rules.

IRBP Text Box 1

To start, when farmers have jobs that they want to fill with H‑2A workers, they must first receive a labor certification from the Department of Labor (DOL).7 They must antic­ipate a worker shortfall and initiate the labor certification process 60 days before the job’s start date by submitting job orders to State Workforce Agencies (SWAs), which are state‐​run entities that help unemployed U.S. workers.8 The SWAs guarantee that job offers comply with H‑2A regulations and inform unemployed Americans about the job opportunities.9 Farmers meanwhile must contact former U.S. employees and advertise the jobs.10

If too few U.S. workers apply, DOL will again review the jobs and certify the farmer to hire foreign workers for the remaining positions. The law requires DOL to make certifications at least 30 days before the job starts.11 Delays have cost farmers millions of dollars in lost crops.12 But the internet has improved DOL processing: it deployed online applications in 2012, and by 2019, about 94 percent of applicants used it.13 As a result, the department moved from completing just 63 percent of labor certifications within 30 days in 2011 to completing 97 percent in 2015 (Figure 2).14 In 2019, however, delays reemerged as DOL had the lowest rate of timely approvals (86 percent) of any year since 2013.15

If DOL grants the labor certification, the farmer pays fees of $100 plus $10 per worker, up to $1,000 total.16 Even after H-2A workers start, however, farms must continue to accept U.S. workers until half the job period has expired.17 … (continues)

Washington State Becomes Sanctuary State

No, not a Second Amendment sanctuary state. From the Yakima Herald, Washington joins West Coast bloc of sanctuary states

Washington has become the latest West Coast state to enact broad sanctuary protections that restrict all local authorities from asking about people’s immigration status.

Gov. Jay Inslee signed the measure Tuesday implementing the new rules, which rank among the strongest statewide mandates in the nation. California and Oregon have similar laws.

The move comes as President Donald Trump’s administration has cracked down on immigration by increasing migrant detentions and attempting to cancel the Deferred Action for Childhood Arrivals program.

Under the new Washington state law, local law enforcement agencies are broadly prohibited from asking about immigration status or place of birth unless directly connected to a criminal investigation, and both local jails and state prisons are prohibited from complying with voluntary “immigration holds” requested by federal authorities, or from notifying federal authorities when an immigrant is about to be released from their custody.

“Our state agencies are not immigration enforcement agencies,” said Inslee, a Democrat who is also running for president. “We will not be complicit in the Trump administration’s depraved efforts to break up hard-working immigrant and refugee families.”

Critics say sanctuary laws hamper the ability of police to do their job.

Republican state Sen. Phil Fortunato, who voted against the Washington law when it was before the Legislature, said he thought it would hamper the ability of police to take action against subjects they suspect to be illegal immigrants.

“This not only puts law enforcement at risk, it puts private citizens at risk,” Fortunato said…


President Declares Intent to Sign a National Emergency Over Border

From Reuters

“I’m going to be signing a national emergency,” Trump said from the Rose Garden of the White House.

“We have an invasion of drugs, invasion of gangs, invasion of people, and it’s unacceptable,” he said.

The president said he would sign the authorizing paperwork later in the day in the Oval Office…

Nancy Pelosi, the Democratic Speaker of the House of Representatives, and Chuck Schumer, the Senate’s top Democrat, swiftly responded to Trump’s declaration.

“The president’s actions clearly violate the Congress’s exclusive power of the purse, which our Founders enshrined in the Constitution,” they said in a statement. “The Congress will defend our constitutional authorities in the Congress, in the courts, and in the public, using every remedy available.”

The president acknowledged that his order would face a lengthy legal challenge. “We’ll win in the Supreme Court,” Trump said…

Speaker Pelosi had previously threatened that the next Democrat President could declare gun violence a national emergency while Rep. Cleaver of Missouri said that such a President could declare climate change or income inequality as national emergencies.

“A Democratic president can declare emergencies, as well,” Pelosi told reporters in the Capitol. “So the precedent that the president is setting here is something that should be met with great unease and dismay by the Republicans.”

…”Let’s talk about today: The one-year anniversary of another manifestation of the epidemic of gun violence in America,” Pelosi said. “That’s a national emergency. Why don’t you declare that emergency, Mr. President? I wish you would.

“But a Democratic president can do that.”