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Undocumented Citizens Face Major Defeat – Huge Border Loophole Set To Close

‘after illegally crossing the border’

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Representative Diane Black (TN-R) introduced legislation in the House that would label illegal border crossing a felony, even for a first time offender. Under the Zero Tolerance for Illegal Entry Act, people detained after illegally crossing the United States border, even first time offenders, could be charged with a felony and minimum sentencing requirements of a year and one day would apply.

Black states of the legislation: “First of all, we change it from a misdemeanor to a felony. So if you cross the border, it now is a felony and so the significance of that is not only the difference in the incarceration time that you might be held but the fact that later down the road if you try to get back into the country, if you have a felony, it would be more difficult or potentially impossible to come. So if you, later on, think, ‘well I would like to do this through the legal means,’ it would disqualify you from getting a green card.”

Currently, detention after illegally crossing the border into the United States for the first time is treated as a misdemeanor. This is significantly less serious than a felony with a jail sentence of fewer than six months and generally less than that.

The bill also seeks to place a mandate on all employers requiring them to use E-verify. E-verify is a system that allows businesses to confirm the immigration status of applicants and therefore making the determination if they are legally able to work in the United States. The bill also seeks to significantly strengthen the penalty against all those that enter the country illegally in defiance of U.S. immigration laws by shifting the funding from sanctuary cities to the Immigration and Customs Enforcement agency (ICE).

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Black notes that the most significant and often primary reason many people seek to cross into the U.S. illegally is for economic reasons, seeking a better life than where they originally come from. She believes adding the E-verify requirement will be an encouragement for those people to seek to enter the country by legal means.

She states: “E-verify, even though we’ve talked about it for years it has never been something that’s been in place all the way across the line. That would keep someone from coming here illegally if they thought they couldn’t get work. ‘Why would I come if I can’t get work.’”

That particular point seems to be a point of contention in House negotiations as immigration reform is a hot button issue currently being discussed. Two previous measures have been presented and both failed to gain the votes needed to keep them alive to be sent to the upper chamber for further review.

Black, however, is not detoured, believing the simplicity of her version of the bill will make it a much easier sell. She states: “We’ve got the big bills that we do that have a lot of moving pieces in it — you get the ‘I don’t like this one and I don’t like that one,’ so it’s kind of the alphabet soup that can keep you from actually being able to move something. But I think this for me is simple enough that we could get this moved.”

Black is currently running for governor of the state of Tennessee against Knoxville entrepreneur Randy Boyd. She is currently leading that run by a narrow margin and has named immigration as a central part of her campaign as it is a critical issue in her state currently.

A 2017 analysis of labor force participation rates using the government’s Current Population Survey (CPS) data for Tennessee, shows that: “immigrants (legal and illegal) accounted for all of the net increase in the number of working-age (16-65) people holding a job in Tennessee between the first quarter of 2007 and the first quarter of 2017 – even though the native-born accounted for 77 percent of growth among the total working-age population. Prior analysis indicates that 30 percent to 40 percent of immigrants in Tennessee are in the country illegally. Of the 229,000 immigrants in the state working, 70,000 to 90,000 are likely to be illegal immigrants.”

According to the Tennessee Star, even activist, pro-illegal immigration attorneys admit there is an illegal immigration problem, stating:

“On April 7, 2017, Nashville activist pro-illegal immigration lawyers Elliot Ozment, J. Gerard Stranch, IV, Tricia Herzfeld and Anthony Orlandi, sued Metro Nashville, Davidson County and Sheriff Daron Hall, on behalf of Saudi national Abdullah Abriq, who overstayed his student visa, and “hundred and likely thousands of immigrants” subject to detainer requests issued by Immigration and Customs Enforcement (ICE) and that “[u]pon information and belief, the Defendants have taken custody of, and detained, thousands of Administrative Detainees over the past five years.”

ICE has the responsibility and authority to detain foreign nationals who overstay their visas and those who have entered the U.S. illegally even if they have not committed a criminal offense.

So far in the fiscal year 2017, thirty-seven percent of immigration offenders adjudicated in immigration court involving either simple immigration violations and/or a criminal offense, have been allowed to remain in Tennessee. Of cases where the judge permits the offender to remain, over 1,000 of the cases involve immigration violations while sixteen are classified as ‘criminal/national security/terror.”

Black states she believes this is simply “common sense” legislation that tackles the concerns of her own constituents as well as those of the rest of the nation. “People want the border protected, and they’re not against immigration. they’re really not — they just want people to do it legally,” she said.

This bill would also seek to cut funding from all sanctuary cities and counties that refuse to honor requests from ICE for illegal aliens being detained by local law enforcement. Their funds would be stripped from them and instead given to ICE to fund the effort to secure the borders.

The Federation for American Immigration Reform or (FAIR) recently issued a report identifying some 564 jurisdictions that qualify for sanctuary status because in one way or another as they have effectively taken steps to “protect illegal aliens or obstruct efforts by the federal government to enforce immigration laws.”

Dan Stein, President of FAIR credits “radical groups, posing as ‘immigrants’ rights’ organizations” for pushing policies that put protecting illegal aliens over the safety of American citizens and legal immigrants – ‘There is no rational justification for protecting deportable criminals. Yet, under pressure from radical groups, posing as ‘immigrants’ rights’ organizations, 564 jurisdictions have decided that protecting foreign criminals is more important than the safety of their local communities,’ charged Dan Stein, president of FAIR. ‘Countless Americans have been needlessly victimized, and some have lost their lives, because local sanctuary policies prevented the perpetrators from being identified as deportable aliens, or prevented Immigration and Customs Enforcement from taking them into custody.’

FAIR notes in the report – Sanctuary policies and practices come in many forms including “welcoming resolutions,” local ordinances and internal law enforcement policy. These policies and practices often “forbid state and local officials (including law enforcement officers) from asking people about their immigration status; reporting suspected illegal aliens to the federal government; holding criminal aliens for arrest by U.S. Immigration and Customs Enforcement (ICE); or otherwise cooperating with or assisting federal immigration enforcement agents.”

The Hill notes that earlier this year, Black also introduced legislation that would create a “border wall trust fund,” allowing people to donate money toward President Trump’s border wall.

Black said the bill would allow those “who really want to see a secure border” to donate to a trust to raise money for the security measure.

 

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Immigrants Living On Taxpayer Dime Got Rude Awakening Thanks To Trump’s ‘New Rule’

Immigrants just got a harsh wake-up call from President Trump!

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A new rule is being cooked up by the Trump administration that will send a rude awakening to immigrants living on the taxpayer dime. Trump’s new rule brings up the “public charge” in what the New York Times stated was a law that was about 100-years-old but was reworked in 1999. President Donald Trump’s new rule, which is in the works, not in action, could affect up to 1 million people in New York alone.

It has to do with immigrants using resources for welfare benefits and being listed in the realm of being a “burden” on the funds.

The New York Times stated: “But a new rule in the works from the Trump administration would make it difficult, if not impossible, for immigrants who use those benefits to obtain green cards.

New York City officials estimated that at least a million people here could be hurt by this plan, warning that the children of immigrants seeking green cards would be most vulnerable.

That’s because if applicants use any welfare benefits, even for children who are United States citizens, that could indicate they would be a burden on government resources. “What feels deeply concerning,” said Bitta Mostofi, New York City’s commissioner of immigrant affairs, “is the impact on the welfare of children, period.”

The spin they put on it makes it seem like this will leave families without food and that President Trump is going after immigrant children. What it should really be looked at is a rule that helps people become more motivated to get jobs and provide food for their families on their own, not live on the government dole while other people work 60 hours a week just to have funds for the welfare of others taken out of their check via taxes.

There are two ways to look at their new possible rules. The liberals will say it’s an attack on children and immigrants. The people with more common sense will say it’s about time that people started working for themselves. That brings up the classic debate that many of the working class are tired of hearing about – taxes and welfare. People who work for a living don’t like seeing their money given to people who refuse to work for a living.

Being on welfare because you have to is one thing. Some people are unable to work and need help. That’s different and most Americans are happy to help in that scenario. When people are on tough times, then sometimes they need a little bit of help, and that’s acceptable and nothing to be ashamed of. However, there are people who milk the system and refuse to work and that needs to be stopped at all costs. Being on welfare because you purposely choose not to work is a bad thing and any president that we have should be inclined to get people off the couch and back to being productive.

Just for reference, the public charge fact sheet states:

“Introduction

“Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet provides information about public charge determinations to help noncitizens make informed choices about whether to apply for certain public benefits.

“Background

“Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to permanent resident (obtaining a green card) is inadmissible if the individual “at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” If an individual is inadmissible, admission to the United States or adjustment of status will not be granted.

“Immigration and welfare laws have generated some concern about whether a noncitizen may face adverse immigration consequences for having received federal, state, or local public benefits. Some noncitizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.

“Definition of Public Charge

“In determining inadmissibility, USCIS defines “public charge” as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

“Benefits Subject to Public Charge Consideration

“USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.

“In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

“Benefits Not Subject to Public Charge Consideration

“Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. Such benefits include:

  • Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
  • Children’s Health Insurance Program (CHIP)
  • Nutrition programs, including the Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
  • Housing benefits
  • Child care services
  • Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
  • Emergency disaster relief
  • Foster care and adoption assistance
  • Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education
  • Job training programs
  • In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
  • Non-cash benefits under TANF such as subsidized child care or transit subsidies
  • Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans’ benefits, and other forms of earned benefits
  • Unemployment compensation

“Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF. Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for ongoing cash assistance for income maintenance, they are not subject to public charge consideration.

“Note: In general, lawful permanent residents who currently possess a “green card” cannot be denied U.S. citizenship for lawfully receiving any public benefits for which they are eligible.”

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Colorado Christian Cake Shop Owner Exonerated By Supreme Court Just Got Really Bad News

This is outrageous!

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Here we go again. I’m sure you are familiar with the Colorado Christian cake shop owner who just won a huge case in front of the Supreme Court this last June. Jack Phillips is the Christian baker who made history by prevailing in front of the High Court after he refused to create a custom wedding cake for a gay couple on the basis of religious beliefs. Most of America celebrated with Phillips when he won the case and it provided a glimmer of hope for religious freedom once again here in the United States.

At the time of Phillips case, the Supreme Court admonished the state’s attorney who was standing against the baker for religious intolerance. He allegedly made a number of comments that gave the court pause on First Amendment grounds. The Supreme Court issued a powerful rebuke to the Colorado Civil Rights Commission for its “religious hostility” toward Christian baker Jack Phillips. They were right to think that and it has been proven even more to be true this week as this baker just got really bad news. Phillips just filed a lawsuit in federal court late Tuesday against the Colorado Civil Rights Commission. From what I am seeing he is being set up to be taken down in a different legalistic move… this time it involves gender issues.

Phillips and his attorneys from the Alliance Defending Freedom contend that the Commission has revived its campaign against him following June’s High Court decision, singling Masterpiece Cakeshop out for disparate treatment on the basis of their religious beliefs. It’s like deja vu all over again.

“The state of Colorado is ignoring the message of the U.S. Supreme Court by continuing to single out Jack for punishment and to exhibit hostility toward his religious beliefs,” said Kristen Waggoner, who is an Alliance Defending Freedom attorney that represents Phillips. “Even though Jack serves all customers and simply declines to create custom cakes that express messages or celebrate events in violation of his deeply held beliefs, the government is intent on destroying him — something the Supreme Court has already told it not to do.”

The person allegedly behind all of this is an attorney named Autumn Scardina. She reportedly called Phillips’ shop the day the decision in his favor was rendered and asked him to make a cake celebrating a gender transition. The caller asked that the cake be blue on the outside and pink on the inside. Over several months after that, Phillips received requests for cakes featuring marijuana use, s******y explicit messages, and Satanic symbols. He’s convinced that Scardina was the one who made all of the requests to set him up for legal action.

From PJ Media:

“To forestall a second round of litigation, ADF filed suit against the commission in federal court. Jeremy Tedesco, ADF’s senior counsel and vice president of U.S. Advocacy and Administration, told PJ Media his firm would “preemptively file a lawsuit in federal court to try to stop what the commission is doing.”

“‘We think the circumstances are uniquely aligned to do that,” Tedesco explained.

“Especially since the Supreme Court ruled that the commission had treated Phillips unfairly on the basis of his religion, thus violating his right to free exercise, this follow-up round seems particularly noxious. “It seems like another round of targeting him and putting him through this very difficult process simply because he wants to be faithful in his business in what he creates through his art,” Tedesco said.

“The commission could have decided not to pursue this second case against Phillips. The ADF lawyer explained that, when a Colorado citizen thinks he or she has been discriminated against, they file a complaint with the Civil Rights Division, which then conducts an investigation and determines probable cause.

“When Autumn Scardina filed this complaint, Tedesco would have expected the civil rights commission to reject it. “After Masterpiece came down from the Supreme Court, we expected Colorado to take that into account and realize that it was a bad decision to keep targeting Jack for his religious convictions,” the lawyer explained. “Instead, they found probable cause.”

“‘He’s going to be fully investigated again, there will be hearings from an administrative law judge,” Tedesco said. “It’s restarting the entire scenario.”

“‘It’s appalling,” the lawyer declared. “It’s unconscionable that they would go after him again right on the heels of losing a case because they were openly hostile to his religious beliefs.'”

Scardina has now filed a complaint with the civil rights commission. She is alleging discrimination on the basis of gender identity. The complaint was held aside while the Supreme Court ruled in Phillips’ other case. Just three weeks after Phillips won his case, the commission issued a probable cause determination, finding there was sufficient evidence to support Scardina’s claim of discrimination. This sure looks as though it was all planned out this way. “Colorado has renewed its war against him by embarking on another attempt to prosecute him, in direct conflict with the Supreme Court’s ruling in his favor,” Phillips’ lawsuit states. “This lawsuit is necessary to stop Colorado’s continuing persecution of Phillips.”

The freedom of religion is sacrosanct in this nation as a First Amendment right. Weaponizing lawfare to take it apart is not only unconstitutional but unconscionable. I sincerely hope that Phillips prevails once more and that a more solid ruling by the Supreme Court puts an end to this form of religious bigotry.

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