Thread: Catch and Release 2.0 — Leaks Highlight Teardown of Immigration Enforcement

by Brandon Darby
11 Jan 2015

Leaked internal training documents from U.S. Customs and Border Protection (CBP) reveal Border Patrol agents are now receiving guidelines instructing them that the vast majority of illegal immigrants in the U.S. are off limits to federal agents and are substantially immune to detention and deportation. A trusted federal agent in the CBP provided exclusive copies of the documents to Breitbart Texas and also agreed to an interview on the condition of anonymity.

According to the source, these training documents were required training for U.S. Border Patrol agents and each agent was required to sign their name to confirm receiving the training.

The documents outline three categories that illegal immigrants are now grouped into: Priority one, two, and three. Priority one includes aliens who “pose a threat to national security, border security, or public safety.” Priority two includes aliens who are “misdemeanants and new immigration violators.” Priority three includes all other illegal aliens and describes them as “other immigration violators.”

The leaked training documents are careful to note that no part of this training should be construed as discouraging arrests, but the entirety of the training appears to do exactly that. The training materials, when coupled with a November 20, 2014 memo on prosecutorial discretion from Homeland Security Secretary Jeh Johnson, indicate that agents should primarily only arrest someone who they directly see cross the border, if they are a wanted criminal, a convicted felon, have an extensive or a violent criminal history, or otherwise pose a national security or public safety threat.

The majority of other illegal aliens cannot be detained or deported without specific approval from leadership.

The source clarified this and said, “Nothing says don’t arrest, but it clearly says don’t waste your time because the alien will not be put into detention, sent back or deported. There is literally no reason to arrest an illegal alien because they are specifically telling Border Patrol there will be no consequence for the illegal alien. It is a waste of time and resources to arrest someone who is off limits for detainment or deportation and the documents make that fact clear. Border Patrol agents are now being trained to be social workers, not law enforcement.”

The memo from Jeh Johnson mentioned above is titled, “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” and was released on November 20, 2014. The guidelines became effective on January 5, 2015. The memo (embedded below) asserts:

In the immigration context, prosecutorial discretion should apply not only to the decision to issue, serve, file, or cancel a Notice to Appear, but also to a broad range of other discretionary enforcement decisions, including deciding: whom to stop, question, and arrest; whom to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action, parole, or a stay of removal instead of pursuing removal in a case. While DHS may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion as early in the case or proceeding as possible in order to preserve government resources that would otherwise be expended in pursuing enforcement and removal of higher priority cases. Thus, DHS personnel are expected to exercise discretion and pursue these priorities at all stages of the enforcement process-from the earliest investigative stage to enforcing final orders of removal-subject to their chains of command and to the particular responsibilities and authorities applicable to their specific position.

The Jeh Johnson memo further illuminates the intention behind the leaked training materials and exactly how broad the “not a priority” category is intended to be. Johnson wrote:

As a general rule, DHS detention resources should be used to support the enforcement priorities noted above or for aliens subject to mandatory detention by law. Absent extraordinary circumstances or the requirement of mandatory detention, field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest. To detain aliens in those categories who are not subject to mandatory detention, DHS officers or special agents must obtain approval from the ICE Field Office Director.

The source said, “This is not how it was before. Border Patrol used to arrest, process, and turn the illegal alien over to Immigration and Customs Enforcement (ICE) and the courts. Under this new program, the majority of illegal aliens will be released directly from the Border Patrol with no appointments or expectation that they ever have to show up for a hearing.

“Before these changes, all illegal aliens arrested by Border Patrol were required to enter the deportation system where they would be scheduled for a deportation hearing at a future date. Under this new system, the illegal aliens are not even required to show up for a hearing ever. Not only are we releasing these people with no hearings scheduled, no notice to appear, but the DHS [Department of Homeland Security] is forcing Border Patrol to prepare the initial paperwork for the illegal aliens’ work permits.” The source added, “Americans really need to think about the terrorism-related implications of this. Illegal aliens who are suspected of having terrorism ties, but not convicted, could be permitted to stay in the country.”

The training materials present a number of scenarios that federal agents might encounter and the official DHS guidelines for how to deal with such encounters.

http://www.breitbart.com/texas/2015/...n-enforcement/

This is an impeachable offense. Jeh Johnson needs to be removed from office immediately based on these documents. This is direct circumvention of our immigration law with enormous consequences from disease to crime, to public health and education expense, to US citizen worker displacement, wage deflation, and the proliferation of the illegal drug trades and smuggling operations.

So this is where Congress has both an active role and a duty to perform it. This is where Congress can and should act immediately.

Monday, 12 Jan 2015 03:43 PM
By James Morrison

New Obama administration rules make the vast majority of illegal immigrants immune to arrest and relegate border patrol agents to the role of social workers, according to Breitbart Texas.

A border agent leaked the documents to the conservative web site, explaining that the Department of Homeland Security has decided that the majority of immigrants crossing U.S. borders illegally cannot be detained or deported without approval from top officials in Washington.

The documents do not specifically order agents to let illegal immigrants pass freely into the United States, the source said. But the rules “clearly” say “don’t waste your time because the alien will not be put into detention, sent back or deported,” he said.

“There is literally no reason to arrest an illegal alien because they are specifically telling Border Patrol there will be no consequence for the illegal alien. It is a waste of time and resources to arrest someone who is off limits for detainment or deportation and the documents make that fact clear,” the source added.

“Border Patrol agents are now being trained to be social workers, not law enforcement.”

The training documents create three categories of illegal immigrants. “Priority one” includes those who “pose a threat to national security, border security or public safety.” “Priority two” would comprise those guilty of misdemeanors or “new immigration” violations. “Priority three” are simply described as “other immigration violators.”

The new rules follow a Nov. 20 directive from Homeland Security Secretary Jeh Johnson, who ordered agents to arrest only immigrants they see crossing the border or those who are wanted criminals or convicted felons.

“This is not how it was before,” the source told Breitbart. “Border Patrol used to arrest, process, and turn the illegal alien over to Immigration and Customs Enforcement and the courts. Under this new program, the majority of illegal aliens will be released directly from the Border Patrol with no appointments or expectation that they ever have to show up for a hearing.”

http://www.newsmax.com/US/Border-Pat.../12/id/618095/

Outrageous. Americans need to stand up and shout "hell no" to the roof-tops. And Congress, you need to impeach Jeh Johnson and anyone of a higher level that was in any manner involved in this travesty.

This is going to create the greatest wave of illegal immigration America has ever seen!

W

BTT. It appears that ALIPAC was right on the mark.

FYI Catch and Release is specific to OTM (Other than Mexican's. Thus the waves of OTMs coming through Mexico.


And yes, it is the Democrat Administration of Obama that made this possible. If the Administration can issue these directives, why can't the Trump administration simply rescind the directives of the previous administration? Executive Orders are not laws and any successive president can eliminate them. In order for the policy to set in stone, it must be presented as a bill and voted on by Congress. Bush ended "catch and release" in 2005-2006.


May 15, 2006

View the video at C-SPAN

https://www.c-span.org/video/?192506...migration-2006

[Weekly Compilation of Presidential Documents Volume 42, Number 20 (Monday, May 22, 2006)]
[Pages 931-934]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Address to the Nation on Immigration Reform

May 15, 2006

Good evening. I've asked for a few minutes of your time to discuss a
matter of national importance, the reform of America's immigration
system.
The issue of immigration stirs intense emotions, and in recent
weeks, Americans have seen those emotions on display. On the streets of
major cities, crowds have rallied in support of those in our country
illegally. At our southern border, others have organized to stop illegal
immigrants from coming in. Across the country, Americans are trying to
reconcile these contrasting images. And in Washington, the debate over
immigration reform has reached a time of decision. Tonight I will make
it clear where I stand and where I want to lead our country on this
vital issue.

We must begin by recognizing the problems with our immigration
system. For decades, the United States has not been in complete control
of its borders. As a result, many who want to work in our economy have
been able to sneak across our border, and millions have stayed.
Once here, illegal immigrants live in the shadows of our society.
Many use forged documents to get jobs, and that makes it difficult for
employers to verify that the workers they hire are legal. Illegal
immigration puts pressure on public schools and hospitals; it strains
State and local budgets and brings crime to our communities. These are
real problems. Yet we must remember that the vast majority of illegal
immigrants are decent people who work hard, support their families,
practice their faith, and lead responsible lives. They are a part of
American life, but they are beyond the reach and protection of American
law.

We're a nation of laws, and we must enforce our laws. We're also a
nation of immigrants, and we must uphold that tradition, which has
strengthened our country in so many ways. These are not contradictory
goals. America can be a lawful society and a welcoming society at the
same time. We will fix the problems created by illegal immigration, and
we will deliver a system that is secure, orderly, and fair. So I support
comprehensive immigration reform that will accomplish five clear
objectives.

First, the United States must secure its borders. This is a basic
responsibility of a sovereign nation. It is also an urgent requirement
of our national security. Our objective is straightforward: The border
should be open to trade and lawful immigration, and shut to illegal
immigrants as well as criminals, drug dealers, and terrorists.

I was a Governor of a State that has a 1,200-mile border with
Mexico. So I know how difficult it is to enforce the border and how
important it is. Since I became President, we've increased funding for
border security by 66 percent and expanded the Border Patrol from about
9,000 to 12,000 agents. The men and women of our Border Patrol are doing
a fine job in difficult circumstances, and over the past 5 years, they
have apprehended and sent home about 6 million people entering America
illegally.

Despite this progress, we do not yet have full control of the
border, and I am determined to change that. Tonight I'm calling on
Congress to provide funding for dramatic improvements in manpower and
technology at the border. By the end of 2008, we'll increase the number
of Border Patrol officers by an additional 6,000. When these new agents
are deployed, we'll have more than doubled the size of the Border Patrol
during my Presidency.

At the same time, we're launching the most technologically advanced
border security initiative in American history. We will construct high-
tech fences in urban corridors and build new patrol roads and barriers
in rural areas. We'll employ motion sensors, infrared cameras, and
unmanned aerial vehicles to prevent illegal crossings. America has the
best technology in the world, and we will ensure that the Border Patrol
has the technology they need to do their job and secure our border.

Training thousands of new Border Patrol agents and bringing the most
advanced technology to the border will take time. Yet the need to secure
our border is urgent. So I'm announcing several immediate steps to
strengthen border enforcement during this period of transition.

One way to help during this transition is to use the National Guard.

So in coordination with Governors, up to 6,000 Guard members will be
deployed to our southern border. The Border Patrol will remain in the
lead. The Guard will assist the Border Patrol by operating surveillance
systems, analyzing intelligence, installing fences and vehicle barriers,
building patrol roads, and providing training. Guard units will not be
involved in direct law enforcement activities; that duty will be done by
the Border Patrol. This initial commitment of Guard members would last
for a period of one year. After that, the number of Guard forces will be
reduced as new Border Patrol agents and new technologies come on line.
It is important for Americans to know that we have enough Guard forces
to win the war on terror, to respond to natural disasters, and to help
secure our border.

The United States is not going to militarize the southern border.
Mexico is our neighbor and our friend. We will continue to work
cooperatively to improve security on both sides of the border, to
confront common problems like drug trafficking and crime, and to reduce
illegal immigration.

Another way to help during this period of transition is through
State and local law enforcement in our border communities. So we'll
increase Federal funding for State and local authorities assisting the
Border Patrol on targeted enforcement missions. We will give State and
local authorities the specialized training they need to help Federal
officers apprehend and detain illegal immigrants. State and local law
enforcement officials are an important part of our border security, and
they need to be a part of our strategy to secure our borders.

The steps I've outlined will improve our ability to catch people
entering our country illegally. At the same time, we must ensure that
every illegal immigrant we catch crossing our southern border is
returned home. More than 85 percent of the illegal immigrants we catch
crossing the southern border are Mexicans, and most are sent back home
within 24 hours. But when we catch illegal immigrants from another
country, it is not as easy to send them back home. For many years, the
Government did not have enough space in our detention facilities to hold
them while the legal process unfolded. So most were released back into
our society and asked to return for a court date. When the date arrived,
the vast majority did not show up. This practice, called catch-and-
release, is unacceptable, and we will end it.

We're taking several important steps to meet this goal. We've
expanded the number of beds in our detention facilities, and we will
continue to add more. We've expedited the legal process to cut the
average deportation time. And we're making it clear to foreign
governments that they must accept back their citizens who violate our
immigration laws. As a result of these actions, we've ended catch-and-
release for illegal immigrants from some countries. And I will ask
Congress for additional funding and legal authority so we can end catch-
and-release at the southern border once and for all. When people know
that they'll be caught and sent home if they enter our country
illegally, they will be less likely to try to sneak in.

Second, to secure our border, we must create a temporary-worker
program. The reality is that there are many people on the other side of
our border who will do anything to come to America to work and build a
better life. They walk across miles of desert in the summer heat or hide
in the back of 18-wheelers to reach our country. This creates enormous
pressure on our border that walls and patrols alone will not stop. To
secure the border effectively, we must reduce the numbers of people
trying to sneak across.

Therefore, I support a temporary-worker program that would create a
legal path for foreign workers to enter our country in an orderly way
for a limited period of time. This program would match willing foreign
workers with willing American employers for jobs Americans are not
doing. Every worker who applies for the program would be required to
pass criminal background checks. And temporary workers must return to
their home country at the conclusion of their stay.

A temporary-worker program would meet the needs of our economy, and
it would give honest immigrants a way to provide for their families
while respecting the law. A temporary-worker program would reduce the
appeal of human smugglers and make it less likely that people would risk
their lives to cross the border. It would ease the financial burden on
State and local governments by replacing illegal workers with lawful
taxpayers. And above all, a temporary-worker program would add to our
security by making certain we know who is in our country and why they
are here.

Third, we need to hold employers to account for the workers they
hire. It is against the law to hire someone who is in this country
illegally. Yet businesses often cannot verify the legal status of their
employees because of the widespread problem of document fraud.
Therefore, comprehensive immigration reform must include a better system
for verifying documents and work eligibility. A key part of that system
should be a new identification card for every legal foreign worker. This
card should use biometric technology, such as digital fingerprints, to
make it tamper-proof. A tamper-proof card would help us enforce the law
and leave employers with no excuse for violating it. And by making it
harder for illegal immigrants to find work in our country, we would
discourage people from crossing the border illegally in the first place.

Fourth, we must face the reality that millions of illegal immigrants
are here already. They should not be given an automatic path to
citizenship. This is amnesty, and I oppose it. Amnesty would be unfair
to those who are here lawfully, and it would invite further waves of
illegal immigration.

Some in this country argue that the solution is to deport every
illegal immigrant, and that any proposal short of this amounts to
amnesty. I disagree. It is neither wise nor realistic to round up
millions of people, many with deep roots in the United States, and send
them across the border. There is a rational middle ground between
granting an automatic path to citizenship for every illegal immigrant
and a program of mass deportation. That middle ground recognizes there
are differences between an illegal immigrant who crossed the border
recently and someone who has worked here for many years and has a home,
a family, and an otherwise clean record.

I believe that illegal immigrants who have roots in our country and
want to stay should have to pay a meaningful penalty for breaking the
law: to pay their taxes; to learn English; and to work in a job for a
number of years. People who meet these conditions should be able to
apply for citizenship, but approval would not be automatic, and they
will have to wait in line behind those who played by the rules and
followed the law. What I've just described is not amnesty; it is a way
for those who have broken the law to pay their debt to society and
demonstrate the character that makes a good citizen.

Fifth, we must honor the great American tradition of the melting
pot, which has made us one Nation out of many peoples. The success of
our country depends upon helping newcomers assimilate into our society
and embrace our common identity as Americans. Americans are bound
together by our shared ideals: an appreciation of our history; respect
for the flag we fly; and an ability to speak and write the English
language. English is also the key to unlocking the opportunity of
America. English allows newcomers to go from picking crops to opening a
grocery; from cleaning offices to running offices; from a life of low-
paying jobs to a diploma, a career, and a home of their own. When
immigrants assimilate and advance in our society, they realize their
dreams; they renew our spirit; and they add to the unity of America.
Tonight I want to speak directly to Members of the House and the
Senate: An immigration reform bill needs to be comprehensive, because
all elements of this problem must be addressed together, or none of them
will be solved at all. The House has passed an immigration bill. The
Senate should act by the end of this month so we can work out the
differences between the two bills, and Congress can pass a comprehensive
bill for me to sign into law.
America needs to conduct this debate on immigration in a reasoned
and respectful tone. Feelings run deep on this issue, and as we work it
out, all of us need to keep

some things in mind. We cannot build a unified country by inciting
people to anger or playing on anyone's fears or exploiting the issue of
immigration for political gain. We must always remember that real lives
will be affected by our debates and decisions, and that every human
being has dignity and value, no matter what their citizenship papers
say.

I know many of you listening tonight have a parent or a grandparent
who came here from another country with dreams of a better life. You
know what freedom meant to them, and you know that America is a more
hopeful country because of their hard work and sacrifice. As President,
I've had the opportunity to meet people of many backgrounds and hear
what America means to them. On a visit to Bethesda Naval Hospital, Laura
and I met a wounded marine named Guadalupe Denogean. Master Gunnery
Sergeant Denogean came to the United States from Mexico when he was a
boy. He spent his summers picking crops with his family, and then he
volunteered for the United States Marine Corps as soon as he was able.
During the liberation of Iraq, Master Gunnery Sergeant Denogean was
seriously injured. And when asked if he had any requests, he made two: a
promotion for the corporal who helped rescue him and the chance to
become an American citizen. And when this brave marine raised his right
hand and swore an oath to become a citizen of the country he had
defended for more than 26 years, I was honored to stand at his side.
We will always be proud to welcome people like Guadalupe Denogean as
fellow Americans. Our new immigrants are just what they've always been--
people willing to risk everything for the dream of freedom. And America
remains what she has always been--the great hope on the horizon, an open
door to the future, a blessed and promised land. We honor the heritage
of all who come here, no matter where they come from, because we trust
in our country's genius for making us all Americans--one Nation under
God.

Thank you, and good night.
https://www.c-span.org/video/?192506...migration-2006





Obama reinstated it in 2016,

Obama reinstates 'catch-and-release' policy for illegal immigrants


Newly arrived people who were caught in Arizona by the U.S. Border Patrol are initially processed at Tucson Sector U.S. Border Patrol headquarters in Tucson, Ariz., on Aug. 9, 2012. (Associated Press) **FILE** more >

By Stephen Dinan - The Washington Times - Thursday, February 4, 2016

The Obama administration has revived the maligned illegal immigrant “catch-and-release” policy of the Bush years, ordering Border Patrol agents not to bother arresting and deporting many new illegal immigrants, the head of the agents’ labor union revealed Thursday.

Brandon Judd, president of the National Border Patrol Council, told Congress that Homeland Security was embarrassed by the number of illegal immigrants not showing up for their deportation hearings, but instead of cracking down on the immigrants, the department ordered agents not to arrest them in the first place — meaning they no longer need to show up for court.

Mr. Judd said the releases are part of President Obama’s “priorities” program, which orders agents to worry chiefly about criminals, national security risks and illegal immigrants who came into the U.S. after Jan. 1, 2014. Mr. Judd said illegal immigrants without serious criminal convictions have learned that by claiming they came before 2014 — without even needing to show proof — they can be released immediately rather than being arrested.

“Immigration laws today appear to be mere suggestions,” Mr. Judd testified to the House Judiciary Committee’s immigration subcommittee. “That fact is well known in other countries.”

U.S. Customs and Border Protection, which oversees the Border Patrol, did not deny Mr. Judd’s claim but said agents have been instructed to prioritize whom they arrest.

“The Border Patrol’s resources are most effectively focused on the border — prioritizing the apprehension and removal of individuals attempting to unlawfully enter the United States,” said Michael Friel, a CBP spokesman. “Our removal numbers reflect that. Border Patrol agents are issuing notices to appear, consistent with law, regulation and the department’s enforcement priorities.”

The White House declined to comment. Spokesman Josh Earnest said he hadn’t seen the testimony.

Mr. Obama has pushed for Congress to grant citizenship rights to most illegal immigrants, but after Capitol Hill failed to deliver he took action on his own to carve most illegal immigrants out of danger of deportation.
He and Mr. Johnson said deportation and border agents should worry chiefly about dangerous immigrants and new arrivals. Those with deeper ties to the U.S. who have not amassed criminal records should be passed over, Mr. Obama said.
Mr. Judd said there are holes in that policy. He said agents have been ordered not to ask for proof when an immigrant says he or she has been in the U.S. since 2013, and migrants have quickly learned to assert that claim without having to worry about having it challenged.

He said on the northern border, where he is stationed, agents arrested an illegal immigrant who had recently been charged with felony domestic violence. He had to be released because he hadn’t gone to trial yet, so he hadn’t been convicted.

“Under the law, he should have been set up for removal proceedings, but under the policy he was let go,” Mr. Judd testified. “And he was let go even though he first proved that he cared so little about our laws that he entered the United States illegally, and once here, he proved further disdain by getting arrested for a serious violent act against another.”

Mr. Judd was testifying at a hearing called to examine the surge of illegal immigrants — unaccompanied children and families traveling together — who have overwhelmed agencies. After peaking in early summer 2014, the numbers dropped. But 2016 is on pace for a record year.

Mr. Judd and Jessica Vaughan, policy studies director at the Center for Immigration Studies, said criminal cartels are using the families and children to flood the border to distract agents and create chances to smuggle drugs.
The cause of the surge is heatedly debated.

Immigrant rights advocates said the children and mothers are fleeing horrific violence and should be considered asylum-seekers, not illegal immigrants. The advocates point to spiking homicide rates.

El Salvador leads the Western Hemisphere with 103 homicides per 100,000 inhabitants. Honduras is third worst with a rate of 57 homicides, and Guatemala is fifth worst with 30 per 100,000 people.

San Pedro Sula in Honduras recorded 885 homicides out of a population of just less than 800,000 people last year, according to a Mexican nongovernmental organization that tracks the statistics. San Salvador, the capital of El Salvador, recorded 1,918 homicides among its 1.8 million people — a rate of 109 per 100,000.

The U.S. city with the highest homicide rate per capita, St. Louis, recorded a rate of 59 per 100,000 inhabitants.

Wendy Young, president of Kids in Need of Defense, which handles cases of children applying for protection in the U.S., detailed horrific stories of children being enslaved by gangs, tracked down if they try to leave and being killed as retribution for crossing the gangs.

She recounted the story of one 14-year-old girl who was abducted by a gang and gang-raped for four days before she escaped. Her family fled to another location inside the country, but the gang tracked her down, and her family sent her north to the U.S.

“These children are doing the only thing they can — they are running for their lives,” Ms. Young said.

Mr. Judd said children wanting to claim asylum can go to a border entry point and present themselves to CBP officers. Instead, the cartels deliver them to some of the remote parts of the border before sending them to find Border Patrol agents, keeping the agents occupied while the cartels smuggle their goods, the agent said.

Border Patrol agents used to interview the children and ask them why they came, and the overwhelming majority said they believed enforcement was lax and they would be allowed to stay.

Ms. Young said the children were likely frightened by agents and officers in uniforms, so the information they gave was not to be trusted.

Regardless, Mr. Judd said, agents have now been banned from asking those questions.

⦁ Dave Boyer contributed to this report.

https://www.washingtontimes.com/news...licy-illegals/

Trump Catch and Release Continues Along Arizona Border. 700 illegals released