Tuesday, 31 December 2013 18:50


http://thenewamerican.com/usnews/immigration/item/17285-u-s-judge-obama-homeland-security-aiding-criminal-conspiracies
U.S. Judge: Obama Homeland Security Aiding Criminal Conspiracies

Written by  Alex Newman







The Obama administration’s Department of Homeland Security is brazenly
violating U.S. law and participating in criminal conspiracies to smuggle
illegal immigrants into the United States, U.S. District Judge Andrew Hanen
said in a December ruling. He also noted that the schemes were helping to
fund Mexican drug cartels and jeopardizing the lives of children. According
to Hanen, the apparent Obama administration policies in question are part
of a trend and represent a “dangerous course of action,” costing taxpayers
huge sums while enriching criminal syndicates.

The stinging criticism and exposure of Obama’s Homeland Security apparatus
and its lawless actions focused on a wide array of problems with the
controversial human-trafficking machinations. Among other concerns, the
judge said the administration was breaking the law; encouraging and
rewarding criminals who continue violating the law; ensuring a steady
stream of funds for dangerous Mexican drug cartels involved in human
smuggling; endangering the lives of children; and much more. The court,
Hanen wrote, is “quite concerned with the apparent policy of the Department
of Homeland Security of completing mission of individuals who are violating
the border security of the United States.”

The judge’s comments, which have attracted headlines across the nation,
focused on one case in particular — the subject of the order. The criminal
conspiracy in question involved an illegal immigrant in the United States
paying human smugglers to bring her 10-year-old child across the border.
The hired trafficker was arrested during the operation. “Despite this
setback, the goal of the conspiracy was successfully completed thanks to
the actions of the United States Government,” the judge wrote, noting that
the child was delivered to her mother in Virginia by Homeland Security. The
administration did not arrest, prosecute, or deport the mother, despite the
crimes, he added.

“This DHS policy is a dangerous course of action,” the judge warned,
echoing criticism from border groups and critics of the administration’s
policies. “The DHS, instead of enforcing our border security laws, actually
assisted the criminal conspiracy in achieving its illegal goals.... In
summary, instead of enforcing the laws of the United States, the Government
took direct steps to help the individuals who violated it. A private
citizen would, and should, be prosecuted for this conduct.”

Beyond the implications of the lawlessness, the judge also ripped the
apparent “logic” behind the administration’s policy. Among other serious
concerns, he said it would put many more children in serious danger by
encouraging other actual or potential illegal immigrants to hire
cartel-linked human smugglers. While he indicated his sympathy and
understanding of prosecutorial discretion and keeping families together,
the administration’s arguments to justify its actions, Hanen said, are
“absurd and illogical.”

“The DHS could reunite the parent and child by apprehending the parent who
has committed not one, but at least two different crimes,” Judge Hanen
wrote in the order. “It would be more efficient for the Government to
arrest the individuals who are not only in the country illegally, but while
in the country illegally are also fostering illegal conspiracies.... It
would also be much cheaper to apprehend those co-conspirators and reunite
them at the children’s location,” he added. “Yet, it neither prosecutes nor
deports the wrongdoer.” In other words, the administration is “rewarding
criminal conduct instead of enforcing the current laws.”

Even more troubling, according to Hanen, is that the controversial and
unlawful Homeland Security policies are encouraging other parents to
“seriously jeopardize the safety of their children.” He argued that by
facilitating and ensuring the success of the criminal conspiracies and
human smugglers, many more illegal immigrants would see it as a win-win
scenario. While the unaccompanied child in the case in question was
transported in a car and ended up safe, the judge pointed out that many
others smuggled across the border cross in far more dangerous ways —
swimming across the Rio Grande River, for example. Deaths, he added, are
not uncommon. In fact, as the court was waiting for the judgment before
releasing the order, two drowned, two went missing, and a three-year-old
toddler was abandoned in the same area.

The judge also suggested, citing other recent cases in his court, that the
troubling case that prompted his now widely publicized opinion was part a
pattern — and even administration policy. “This is the fourth case with the
same factual situation this Court has had in as many weeks,” wrote Judge
Hanen, who serves on the U.S. District Court of the Southern District of
Texas. “In all of the cases, human traffickers who smuggled minor children
were apprehended short of delivering the children to their ultimate
destination. In all cases, a parent, if not both parents, of the children
was in this country illegally.... In each case, the DHS completed the
criminal conspiracy, instead of enforcing the laws of the United States, by
delivering the minors to the custody of the parent illegally living in the
United States.”

The court order, signed on December 13, emphasized that it should not be
interpreted as commentary on the subject of “immigration reform,” which
Obama and some members of Congress are pushing. However, Hanen said, the
issues raised in the string of recent cases concern the court for several
“unassailable reasons.” First, “and most importantly,” the illegal
activities in question help fund drug cartels, which are a “very real
danger for both citizens of this country and Mexico.” The government’s
conduct, the judge wrote, is “inspiring” the cartels to continue funding
“evil and illegal activities.” On top of that, Hanen continued, U.S.
citizens are being forced by Homeland Security policy to “fund these evil
ventures with their tax dollars.”

Second of all, Homeland Security's policy undermines the deterrent effect
of U.S. law and inspires criminals to continue breaking it. “Even if their
co-conspirators are unsuccessful, the Government will finish the job of the
human traffickers — mission still accomplished,” he wrote. “It is no wonder
these cases are proliferating.” In addition, the machinations are
encouraging parents to turn over their children to strangers about whom
“only one thing is truly known: they are criminals involved in a criminal
conspiracy.”

Finally, Hanen said, the policy is eroding the morale of U.S. Border Patrol
agents who risk their lives to enforce the law — only to have Homeland
Security deliberately undermine their efforts. The controversial policy of
facilitating criminal conspiracies and human smuggling is also making
matters worse, Hanen observed. According to figures cited in the document,
there has been an 81-percent increase in unaccompanied children picked up
at the border over a two-year period. That should “tell the DHS that their
policy is failing,” the judge said. “If they persist in this policy, more
children are going to be harmed, and the DHS will be partly responsible
because it encourages this kind of Russian roulette.”

Citing bogus justifications offered by authorities for their actions, Judge
Hanen said there was “no explanation” for the unlawful behavior on the part
of the administration. “The DHS has simply chosen not to enforce the United
States' border security laws,” he said. Furthermore, the judge continued,
there is not even a semblance of legal justification for Homeland Security
to turn a “blind eye” to criminal conduct — not to mention “to participate
in and complete the mission of a criminal conspiracy or to encourage
parents to put their minor children in perilous situations subject to the
whims of evil individuals.” The administration’s actions, he added, are
“both dangerous and unconscionable.”




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