The Deep State saboteurs in ICE SVU have struck again. Some time ago a patriot in U.S. Immigration and Customs Enforcement (ICE) decided to use one of the many tools which are available for immigration enforcement but have never been used before, in this case fines directed against illegal aliens who fail to depart, codified in Title 8 United States Code Section 1324d, Civil Penalties For Failure To Depart.
These are monetary fines directed against illegal aliens who have had their due process in the immigration courts, the Executive Office For Immigration Review (EOIR), and failed to leave the United States when legally ordered.
While most illegal aliens don’t have much cash assets, real property, or valuable tangible property, most have some, even real property, that can be seized or converted to pay the fine. This is just another tool in the immigration law enforcement toolbox. It is not a wonder weapon, just another tool, albeit an effective tool, as exemplified by the reaction of the illegal aliens and their supporters.
Sadly though, there is a member of the Resistance high up in ICE who is sabotaging the use of this tool, all to the benefit of illegal aliens, aiding them to remain in the United States. And it is President Trump that is made to look bad. Why is Stephen Miller allowing this? Why is Matthew Albence, Acting Director at ICE, allowing this to happen?
The Trump administration is withdrawing hundreds of thousands of dollars in fines against some immigrants in the country illegally who have sought refuge in churches.
U.S. Immigration and Customs Enforcement has withdrawn the fines, ranging from $300,000 to nearly $500,000 for five immigrants living in sanctuary conditions around the country, according to the National Sanctuary Collective, which works with the families.
Edith Espinal Moreno, who has been living in a church in Ohio over the past two years, received a notice from ICE in June telling her that she owed $497,000 for “failing to depart the U.S. as previously agreed,” among other factors.
[Trump Administration Withdraws Huge Fines For Some Immigrants In U.S. Illegally, by Franco Ordonez, NPR, October 22, 2019]
This is in direct contradiction of orders from President Trump to use fines to punish and discourage illegal immigration. However someone at ICE SVU has decided that they make immigration policy, not President Trump. It is similar to the Ukrainian controversy, which is steeped in the anger that State Department bureaucrats have over being ignored in the making of foreign policy. The Deep State wants to make foreign policy and immigration policy.
The latest round of letters withdrawing the fines is a significant reversal for the administration. When he took office in 2017, President Trump signed an executive order that promised to begin collection of “all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States.”
So, it appears that Acting Director Albence is a Deep State saboteur. Well, perhaps not. He may just be following bad legal advice about fines and ICE’s discretion to impose those fines, bad legal advice from the lawyers at ICE, the Office of the Principal Legal Advisor (OPLA), who are themselves well known saboteurs in the immigration enforcement bureaucracy, actively interfering with and sabotaging immigration enforcement at ICE. I wrote about them concerning another legal issue, interior enforcement by Deportation Officers in...
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