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6 Baltimore Police Officers Charged — Obama’s National Police Force For The 21st Century! — Videos

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The Pronk Pops Show Podcasts

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Story 1: 6 Baltimore Police Officers Charged — Obama’s National Police Force For The 21st Century! —  Videos

We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.

~Barack Obama

Baltimore state attorney Marilyn Mosby speaks on recent violence in Baltimore

Baltimore_6_officers_charged

Breaking News – Specific charges, profiles of Freddie Gray officers

6 Baltimore Cops Charged In Freddie Gray’s Death

Sheriff Clarke: Baltimore is “George Zimmerman, Duke Lacross all over again..”

SHARPTON CALLS FOR DOJ TO TAKE OVER POLICING

Judge Nap: Gov’t Cannot Be Confronted By Blue Wall of Silence in Freddie Gray Case

Napolitano: There’s a ‘Serious Absence of Leadership’ in Baltimore

Judge Nap: Arrest of Black Man Who Died From Spinal Injury ‘Unconstitutional’

DOJ Targets Racism in Police Forces – CNN.com

Will Police Departments Face Scrutiny After DOJ Ferguson Report?

Al Sharpton called to Baltimore by Mayor

Al Sharpton Calls For Nationalization Of Police In Wake Of Baltimore Riots (Limbaugh responds)

OBAMA RIPS US POLICE: Target Poor, African Americans

What They Won’t Tell You About Baltimore Riots

BALTIMORE RIOTS – Maryland Governor Activates 5,000 National Guard Troops. Martial Law Coming?

Bishop Jackson to Rev. Sharpton: ‘March Right Back to N.Y. & MSNBC’

Sheriff David Clarke: Al Sharpton Should ‘Go Back into the Gutter He Came From’

Baltimore Mayor Hand Picked by Obama for Task Force, Plan to Nationalize Police

BALTIMORE MAYOR NAMED IN OBAMA NATIONAL POLICE FORCE DOCUMENT. FALSE FLAG

Obama Civilian Security

Obama National Police Force

Heads Up! Obama Just Federalized Police Forces In 6 US Cities

Glenn Beck Digs into Obama’s Civilian National Police Force

President Obama Meets with the Task Force on 21st Century Policing

Radley Balko on the Militarization of America’s Police Force: VICE Meets

Gestapo Hitler’s Secret Police

LARKE: FREDDIE GRAY CHARGES ‘DUKE LACROSSE CASE ALL OVER AGAIN’

by IAN HANCHETT

Milwaukee County Sheriff David Clarke (D) declared the charges brought against six police officers in the death of Freddie Gray “George Zimmerman and the Duke Lacrosse case all over again” and said “these cops are political prisoners,” offered up as human sacrifices, thrown like red meat to an angry mob” on Friday’s “Your World with Neil Cavuto” on the Fox News Channel.

Clarke said of the charges, “it’s a miscarriage of justice. This neophyte prosecutor stood up there and made a political statement, Neil, and I say that because she’s chanting or voicing some of the chants from this angry mob. Her job is to tune that out. She said, I hear the voices. She’s not supposed to hear anything as she reviews this case that is not consistent with the rule of law and our system of justice. Look, I’m an experienced and a veteran homicide detective. I’ve had — I’ve participated in charging conferences. There is no way I have ever gotten a criminal charge within 24 hours after taking over all the reports and evidence to a prosecutor. A prosecutor who is thorough needs several days to sift through hundreds of pages of reports. They usually want to interview some of the witnesses themselves, in person, and they have to sift through all of the evidence, piece by piece, and they have to wait for some of the forensics evidence to conclude, to come back and that’s why I say on a minimum, three to four days. She just got this case yesterday. This is political activism. She’ll never prove this beyond a reasonable doubt, and I’m not going to silently stand by and watch my brother officers, offered up as human sacrifices, thrown like red meat to an angry mob, just to appease this angry mob.” And that “she rushed this thing through.”

After his interview was cut off to carry a Fraternal Order of Police press conference live, he continued, “she knows she’s not going to be able to prove these charges beyond a reasonable doubt. This is George Zimmerman and the Duke Lacrosse case all over again. A politically active district attorney or state’s attorney, you can tell the emotion in her voice, she almost did this with glee. And that’s why I believe, like they [the FOP] do…she needs to remove herself from the case. I hope the state’s attorney general gets involved in this, and sees the error of her ways. The smart thing for her to do is recuse herself and name a special prosecutor.”

He added that “there may be and probably are, some civil torts here, but what little I know, and I don’t know all the facts, but I’m listening to the emotion in their voice, and listening to those political statements that she made at the end of that news conference, that’s political activism, it’s wrong, it’s probably in violation of her code of ethics as a lawyer. And again, I’m going to take my time with this, but I’m not going to sit idly by, and I want to call out to every law enforcement officer in the country to pay attention to this. Because, I see a pattern, at least demands from an angry mob, that we be offered up as human sacrifices. We don’t do that in our system of justice in the United States just to please an angry mob. And I sense from what I heard her say, Neil, that that’s what is going on here.”

Clarke concluded, “there are some things I find in this case — what little I know — that are problematic from a procedural standpoint, but Neil, it doesn’t make it criminal. These cops are political prisoners. I’m calling them political prisoners because this state’s attorney, stood up there and made a political statement at the end, talking about she hears the voices, and no justice and no peace.”

http://www.breitbart.com/video/2015/05/01/clarke-freddie-gray-charges-duke-lacrosse-case-all-over-again/

Obama’s Push For That National Police Force

Marilyn Mosby Charges 6 Baltimore Police Officers in Death of Freddie Gray

Maryland State Attorney for the city of Baltimore Marilyn Mosby announced on Friday morning that Freddie Gray‘s death in police custody was ruled a homicide by the medical examiner, and that there is sufficient probable cause to file criminal charges against the six officers involved.

The six Baltimore police officers involved in the arrest of Freddie Gray will now face criminal charges ranging from murder to manslaughter to assault. The driver of the police van was charged with second-degree murder, while three officers were charged with involuntary manslaughter. Other officers were also charged with assault in connection with the murder.

Officers Charged In Freddie Gray’s Death, State’s Attorney Said Arrest Was Illegal

mosby

City State’s Attorney Marilyn Mosby says Freddie Gray received his critical injuries in Baltimore police custody and has charged all six officers involved in his death.

The city state’s attorney outlined where they say the officers went wrong from the moment they arrested Gray all the way to the time they took him out of the van and realized he wasn’t breathing.

On April 12, when 25-year-old Freddie Gray first made eye contact with a city police officer and ran away, officers chased him down and arrested him at 1700 Pressbury Street.

Bystanders then began recording the arrest, watching as Gray was placed in the police van. The prosecutor faults the three arresting officers for not properly restraining or seatbelting Gray in the van, calling his arrest illegal to begin with.

“Lt. Rice, Officer Nero and Officer Miller failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” Mosby said.

The van made its first stop at Baker Street, where Gray was removed, put in flex cuffs and leg shackles and, again, not properly restrained. It is here prosecutors believe he was injured.

“Following transport from Baker’s Street, Mr. Gray suffered a severe and critical neck injury as a result of being restrained, handcuffed, shackled by his feet and unrestrained by his feet inside the Baltimore Police Department wagon,” she said.

That van stopped again at the intersection of Mosher and Freemont Street. The driver got out and observed Gray, but gave him no medical aid—and Gray still wasn’t in a seatbelt. The van made a third stop at Dolphin and Druid Hill Street, where Gray said he couldn’t breathe and asked twice for medical attention.

“However, despite Mr. Gray’s request for a medic, both officers assessed Mr. Gray’s condition. At no point did they restrain Mr. Gray per BPD general order, nor did they render or request medical attention,” she said.

The van then headed to North Avenue and Pennsylvania, where it stops to pick up Donta Allen. At that time, Gray was already unresponsive, according to Mosby. The officers did not get him medical help; he was still not properly secured in the van. Finally, the van drove to the Western District Police Station, where officers first removed the other prisoner from the van, before realizing that Gray had stopped breathing and was now in cardiac arrest.

“The findings of our comprehensive, thorough, and independent investigation coupled with the ME’s determination that Mr. Gray’s death was a homicide which we received today, has led us to believe that we have probable cause to file criminal charges,” Mosby said.

She charged all six officers in the death of Gray and said his arrest was illegal.

Mosby described the morning’s event:

She said Lt. Brian W. Rice along with Officer Garret Miller & Officer Edward M. Nero were on bike patrol when they made eye contact with Gray. Gray ran from Rice and Rice dispatched he was involved in a foot pursuit. Other officers got involved.

Gray surrendered to Miller and Nero and the officer handcuffed him behind his back, Mosby said. Gray asked for an inhaler because he “could not breathe,” but the officers did not get him medical attention.

They found a knife clipped inside his pants packet — the knife was not a switchblade and is lawful under Maryland law, she said.

The officers then restrained Gray in a “leg lace,” and held him down until the transport van arrived, while he “flailed and screamed.”

The officers failed to find probable cause for Gray’s arrest, Mosby said. When the police transport van arrived, he was placed into the wagon driven by Officer Caesar B. Goodson, but without a seatbelt.

“At no point was he secured by a seatbelt while in the wagon contrary to a BPD general order,” she added. “Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor render any medical assistance for Mr. Gray.”

Gray was then removed from the wagon at Baker Street, places flex cuffs on his wrists and leg shackles on his ankles — while they completed paperwork. He was then placed back into the wagon’s floor head first and stomach down — without a seatbelt.

“Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon,” Mosby said.

After leaving Baker Street, the officers stopped again to check on Gray’s condition, but they did not seek medical attention for Gray. Again, Goodson drove off without buckling Gray into the van.

The van stopped once again, this time Officer William G. Porter met up with Goodson and checked on gray. Gray asked for medical attention stating he couldn’t breathe. Porter asked Gray if he needed a medic and although Gray insisted he did, the officers allegedly placed him back on the bench and decided he did not need a medic.

Then Porter left to assist with another arrest on West North avenue and Goodson shortly followed with Gray in the back of the police van to help transport another suspect. When they arrived at that located they Sgt. Alicia White, Goodson and Porter saw Gray was unresponsive on the floor of the back of the wagon.

White spoke to the back of Gray’s head and was advised he needed a medic, but Mosby said she made no effort to determine his condition.

The officer did not get Gray medical attention until they returned to the Western District station.

Mosby said the officers are being charged with a number of counts of manslaughter, assault and misconduct. One officer will even be charged with a count of murder.

  • Officer Caeser B. Goodson, Jr. was charged with second-degree depraved heart murder, involuntary manslaughter, second-degree assault, two counts of manslaughter by vehicle and misconduct in office.
  • Officer William G. Porter was charged with involuntary manslaughter, second-degree assault and misconduct in office.
  • Lt. Brian W. Rice was charged with involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Edward M. Nero charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Garret Miller charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Sgt. Alicia White involuntary manslaughter, second-degree assault and misconduct in office.

Warrants have been issued for the arrest of the officers.

“To the people of Baltimore and the demonstrators across America, I heard your call for ‘No Justice, No Peace,’ your peace is sincerely needed as I work to deliver justice on behalf of this young man,” Mosby added.

The officers could face up to 20 years in prison for the charges. The driver — Goodson — could face up to 63 years in prison. They are expected to turn themselves in later today.

As groups take to the streets of Baltimore to celebrate the news, several officials reacted to the findings.

The Baltimore Police Fraternal Order of Police No. 3 issued a letter to Mosby Friday morning on behalf of the officers involved saying that the death was not the officers’ faults and they also requested a special prosecutor citing conflicts of interest with Mosby’s office.

“Each of the officers involved is sincerely saddened by Gray’s passing. They are all committed police officers who have dedicated their careers to the Baltimore City Police Department,” the letter states, “And that has been lost in all the publicity.”

“All death is tragic,” the FOP states. “And death associated with interaction with police is both shocking and frightening to the public.”

Rep. Elijah Cummings reacted to the charges filed against the officers in a press conference Friday afternoon.

“Let the wheels of justice roll, and it’s good that they are rolling, instead of standing still,” Cummings said. “”One of things that I’m determined to do and I’m hoping we’re able to do is make Baltimore a model for the nation.”

Gov. Larry Hogan who has been working from Baltimore this week due to the state of emergency also commented on Mosby’s findings:

“We finally get the process moving forward, but it’s a process. The criminal justice system is gonna work it’s way through, we believe in the criminal justice system. It’s just one component of what’s going on down here. There’s the Freddie Gray case, there’s the safety of the people of Baltimore, and then there’s the longer term issues,” Hogan said. “My role in the process is to try to keep folks safe.” … “I know emotions are running high. We want to keep the peace, keep the calm. We’ve got a lot folks out there demonstrating tonight and tomorrow and we want to continue to have the kind of success we’ve had over the past three days of keeping people calm.”

Hogan said he doesn’t have a timeline for when curfew will be lifted.

http://baltimore.cbslocal.com/2015/05/01/city-states-attorney-says-freddie-grays-arrest-illegal-has-enough-evidence-for-charges/

Death of Freddie Gray

From Wikipedia, the free encyclopedia
This article is about the death of Freddie Gray. For the protests that followed, see 2015 Baltimore civil unrest.
Death of Freddie Gray
Freddie Gray.jpg

Freddie Carlos Gray, Jr.
August 16, 1989 – April 19, 2015
Date Incident April 12, 2015
Location Baltimore, Maryland, U.S.
Type Death while in police custody
Cause Spinal cord injury
Filmed by Two witnesses to Gray’s arrest
Participants Freddie C. Gray, six Baltimore police officers
Outcome Death of Freddie Gray on April 19, 2015
Burial April 27, 2015
Inquiries U.S. Department of Justice
Baltimore Police Department
Accused Caesar R. Goodson Jr., William G. Porter, Brian W. Rice, Edward M. Nero, Garrett Miller, Alicia D. White[1]
Charges Goodson: Second-degree murder
Others: involuntary manslaughter, second-degree assault, manslaughter by vehicle, misconduct in office, false imprisonment[1]

On April 12, 2015, Freddie Gray, a 25-year-old African-American man, was taken into custody by the Baltimore Police Department for allegedly possessing a switchblade; however, Baltimore state’s attorney Marilyn J. Mosby subsequently stated “The knife was not a switchblade and is lawful under Maryland law”.[2] While being transported in a police van, Gray fell into a coma and was taken to a trauma center.[3][4][5] Gray died on April 19, 2015. His death was ascribed to injuries to his spinal cord.[5] On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were temporarily suspended with pay.[4]

The circumstances of the injuries were initially unclear; eyewitness accounts suggested that the officers involved had partaken in unnecessary use of force against Gray while arresting him—a claim denied by an officer involved.[4][5][6][7]Commissioner Anthony Batts reported that the officers did not buckle him inside the van when being transported to the police station—a report supported by a medical investigation which found that Gray had sustained the injuries while in transport.[8][9]

On May 1, 2015, Baltimore prosecutors ruled that Gray’s death was a homicide, and that his arrest was illegal because the alleged switchblade was a legal-sized pocket knife. The prosecutors stated that they had probable cause to file criminal charges against the six police officers who were believed to be involved in his death.[2] One officer was charged with second degree depraved-heart murder, and others were charged with crimes ranging from manslaughter to illegal arrest.[2]

Gray’s death resulted in an ongoing series of protests and civil disorder, in the spirit of the reaction to the 2014shooting of Michael Brown. A major protest in downtown Baltimore on April 25, 2015, turned violent, resulting in 34 arrests and injuries to 15 police officers.[10] After Gray’s funeral on April 27, civil unrest intensified with looting and burning of local businesses and a CVS drug store, culminating with a state of emergency declaration by GovernorLarry Hogan and Maryland National Guard deployment to Baltimore.

Background

Personal life

Freddie C. Gray was the 25-year-old son of Gloria Darden. He had a twin sister, Fredericka, as well as another sister, Carolina.[11] At the time of his death, Gray lived in the home owned by his sisters in the Gilmor Homes neighborhood.[11] He stood 5 feet 8 inches (1.73 m) and weighed 145 pounds (66 kg).[12]

Criminal record

Gray had a criminal record, mainly for misdemeanors and drug-related offenses.[12] He had been arrested a total of 22 times in Maryland, primarily for possession and distribution of illegal narcotics.[13] Gray had been involved in 20 criminal court cases, five of which were still active at the time of his death.[14][12]

Arrest and death

Police encountered Freddie Gray on the morning of April 12, 2015,[7] in the Sandtown-Winchester neighborhood of Baltimore, an area known to have high levels of home foreclosures, poverty, drug deals and violent crimes.[3][15] According to the charging documents submitted by the Baltimore police,[16] Gray attempted to flee “unprovoked” on foot, but police on bicycles chased and tackled Gray, found what they claimed was a switchblade in his pocket, and took him into custody at 8:40 a.m.[7][17] Two bystanders captured Gray’s arrest with video recordings, showing Gray being dragged into the van by officers. A bystander with connections to Gray stated that the officers were “folding” Gray—with one officer bending Gray’s legs backwards, and another holding Gray down by pressing a knee into Gray’s neck. Another witness told the Baltimore Sun that they had witnessed Gray being beaten with batons.[7][18]

According to the police timeline, Gray was placed in a transport van within 11 minutes of his arrest, and within 30 minutes, paramedics were summoned to take Gray to a hospital.[3] The van made four confirmed stops while Gray was detained. At 8:46 a.m., Gray was unloaded in order to be placed in leg irons because police said he was “irate.” A later stop, recorded by a private camera, shows the van stopped at a grocery store. At 8:59 a.m., a second prisoner was placed in the vehicle while officers checked on Gray’s condition, and 27 minutes later the van made its final stop so paramedics could transport an unconscious Gray to the hospital.[19] He was taken to the University of Maryland R Adams Cowley Shock Trauma Center in a coma.[3][20] The statement of charges filed by Officer Garrett Miller against Gray accused him of possessing a switchblade. Miller wrote, “The defendant was arrested without force or incident.”[6] Officers also reported “that he suffered a medical emergency during transport”.[7][21] The media has suggested the possibility of a so-called “rough ride“—where a handcuffed prisoner is placed without a seatbelt in an erratically driven vehicle—as a contributing factor in Gray’s injury.[22][23]

In the following week, according to the Gray family attorney, Gray suffered from total cardiopulmonary arrest at least once but was resuscitated without ever regaining consciousness. He remained in a coma, and underwent extensive surgery in an effort to save his life.[3] According to his family, he lapsed into a coma with three fractured vertebrae, injuries to his “voice box”, and his spine “80% severed” at his neck. Police confirmed that the spinal injury led to Gray’s death.[4][5] The attorney also disputed the claim that Gray had been in possession of a switchblade, and stated that it was actually a “pocketknife of legal size”.[24] He died on April 19, 2015, a week after his arrest.[17]

Aftermath

Investigation

The Baltimore Police Department suspended six officers with pay pending an investigation of Gray’s death.[17] The six officers involved in the arrest were identified as Lieutenant Brian Rice, 41 (18 years on the force), Sergeant Alicia White, 30 (5 years on the force), Officer William Porter, 25 (5 years on the force), Officer Garrett Miller, 26 (3 years on the force), Officer Edward Nero, 29 (3 years on force), and Officer Caesar Goodson, 45 (16 years on the force).[25] On April 24, 2015, Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”[8] Batts also acknowledged police did not follow procedure when they failed to buckle Gray in the van while he was being transported to the police station.[8] The U.S. Department of Justice also opened an investigation into the case.[26]

On April 30, 2015, Kevin Moore, the man who filmed Gray’s arrest, was arrested at gunpoint following “harassment and intimidation” by police. Moore stated to have cooperated with police and gave over his video of Gray’s arrest for investigation. He claimed, despite aiding in the investigation, his photo was made public by police for further questioning.[27] The same day, medical examiners reported Gray sustained more injuries as a result of him slamming into the inside of the transport van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van”. [9]

Charges

On May 1, 2015, the Baltimore State’s Attorney’s office ruled that Freddie Gray’s death was a homicide, and that they had probable cause to file criminal charges against the six officers involved. Marilyn Mosby, the state’s attorney for Baltimore City, said that the Baltimore police had acted illegally and that “No crime had been committed” (by Freddie Gray).[28] Mosby said that Gray “suffered a critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside the BPD wagon.”[29][30] It was also ruled that the arrest of Gray was false imprisonment, because he was carrying a pocket knife of legal size, and not the switchblade police claimed he had possessed at the time of his arrest.[31]

Three of the officers are facing manslaughter charges and one faces an additional count of second degree depraved-heart murder. The murder charge carries a possible penalty of 30 years in prison; the manslaughter and assault offenses carry a maximum penalty of 10 years in prison. [32]

  • Officer Caesar R. Goodson, Jr.: Second degree depraved heart murder; involuntary manslaughter; second-degree assault; manslaughter by vehicle (gross negligence); manslaughter by vehicle (criminal negligence); misconduct in office[32]
  • Officer William G. Porter: Involuntary manslaughter; second degree assault; misconduct in office[32]
  • Lt. Brian W. Rice: Involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
  • Officer Edward M. Nero: Two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment[32]
  • Officer Garrett E. Miller: Two counts of second degree assault; two counts of misconduct in office; false imprisonment[32]
  • Sgt. Alicia D. White: Involuntary manslaughter; second degree assault; misconduct [32]

As of May 1st, five of the six officers were in custody.[33]

Response to charges

Mayor Stephanie Rawlings-Blake said there was no place in the Baltimore Police department for those police officers who “choose to engage in violence, brutality, racism and brutality.[34] Gene Ryan, president of the police union chapter said that despite the tragic situation, “none of the officers involved are responsible for the death of Mr. Gray.”[34]

Public response

Protesters at a police station near the site of Gray’s arrest on April 25

Public reaction to the death has drawn parallels to the response to the 2014 shooting of Michael Brown, as part of a larger string of controversial uses of force by police officers in the United States.[35][36] As of April 30, 2015, 22 demonstrations had been held nationwide in direct response to Gray’s death or in solidarity with Baltimore.[37]

On April 18, 2015, hundreds of people participated in a protest outside the Baltimore Police Department.[38] Three days later, on April 21, 2015, according to Reuters, “[h]undreds of demonstrators gathered in Baltimore”, protesting Gray’s death.[18]The next day, Gene Ryan, the president of the local lodge of the Fraternal Order of Police, expressed sympathy for the Gray family, but criticized the “rhetoric of protests” and suggested that “the images seen on television look and sound much like a lynch mob.” William Murphy, attorney for the Gray family, demanded an “immediate apology and a retraction”.[39] Ryan defended his statement two days later, while admitting that the wording was poor.[40] Charles M. Blow of The New York Times, reminded of a column he wrote several years ago, said that comparing protests to lynch mobs was too extreme because it inflames racial tensions by belittling the significance of the history of lynching in the United States.[41]

On April 25, 2015, protests were organized in downtown Baltimore, and the protests turned violent as protesters threw rocks and set fires.[42] At least 34 people were arrested, and 15 officers were injured.[10][43][44] On April 27, rioting and looting began after the funeral of Gray,[45] with two patrol cars destroyed and 15 officers reported injured.[10] Protesters looted and burned down a CVS Pharmacy location in downtown Baltimore.[46]

In reaction to the unrest, the Maryland State Police sent 82 troopers to protect the city.[47] A Baltimore Orioles baseball game against the Chicago White Soxscheduled for the evening was postponed due to the unrest.[48] The next game commenced as scheduled but, as a precautionary measure, fans were barred from attending.[49] Maryland Governor Larry Hogan declared a state of emergency, and activated the Maryland National Guard.[50][51] Hogan also activated 500 state troopers for duty in Baltimore and requested an additional 5,000 police officers from other locales.[52][53]

At a press conference, Baltimore’s mayor announced there would be a citywide curfew from 10:00 p.m. to 5:00 a.m.[54][55][56] School trips were canceled until mid-May,[57][58] and Baltimore’s city schools were closed on April 28.[59] In addition, both the University of Maryland campus in downtown Baltimore and the Mondawmin Mall were closed early.[60]

Protests outside Baltimore also took place in other U.S. cities. In New York City, 143 people at Union Square were arrested on April 29, 2015 for blocking traffic and refusing to relocate. On the same day, outside the White House in Washington, D.C., nearly 500 protesters converged without an incident. In Denver, eleven people were arrested as protesters were involved in physical altercations with officers. Other protests in response to Gray’s death took place in cities including Philadelphia,Minneapolis, and Portland.[61]

See also

http://en.wikipedia.org/wiki/Death_of_Freddie_Gray

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Listen To Pronk Pops Podcast or Download Show 319-327

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Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

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Listen To Pronk Pops Podcast or Download Show 264-276

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Baltimore Police Were Repeatedly Ordered To ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ — Videos

Posted on May 2, 2015. Filed under: American History, Articles, Blogroll, College, Communications, Computers, Constitution, Corruption, Crime, Crisis, Culture, Diasters, Documentary, Drug Cartels, Economics, Education, Employment, Faith, Family, Federal Bureau of Investigation (FBI), Freedom, Friends, government, government spending, history, Homes, Illegal, Immigration, Law, liberty, Life, Links, media, People, Philosophy, Photos, Police, Politics, Public Sector, Radio, Rants, Raves, Security, Strategy, Talk Radio, Television, Terrorism, Unemployment, Unions, Wealth, Welfare, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Story 1: Baltimore Police Were Repeatedly Ordered To ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’  — Videos

Alarming Order – Rpt: Mayor Told Police To Stand Down – Baltimore, MD – Fox & Friends

Hemmer to Baltimore Mayor: Did You Tell Cops to Stand Down?

Officers Saying Baltimore Mayor Told Police To Stand Down!

Baltimore Riots: Mayor Ordered Police to Stand Down

Baltimore Mayor Stephanie Rawlings-Blake Defends Police Reforms at Sharpton Presser

OBAMA Gave STAND DOWN ORDER to BALTIMORE Mayor! “NOW THATS A LEGACY!” Part 1

Sheriff: ‘I Was Sick To My Stomach’ After Being Told To Stand Down

A Maryland sheriff who traveled to Baltimore to help law enforcement stop Monday’s riots told 105.7 The Fan that he was stunned when officers alerted him of the orders to stand down.

Michael Lewis is the Sheriff in Wicomico County, and was also a Sergeant with the Maryland State Police. He joined Ed Norris and Steve Davis on Thursday to talk about the alleged controversial orders the police were given during the riots.

Lewis said it wasn’t his intention to come to Baltimore, a drive of about two hours, but he felt it was his duty to help.

“I hadn’t planned to go to Baltimore at all. I watched the events unfold Saturday night like we all did, and was very concerned about what I saw, and the the lack of response Saturday night,” he said. “I immediately rallied up the troops. We made sure our MRAP was prepared and ready. … We were assigned to assigned to protect Baltimore City Police headquarters, all of E. Fayette Street up to City Hall, to include City Hall. There wasn’t a whole lot of activity taking place at all. We could smell that putrid smell of burning tires and a city on fire when as we came into the city. Had lots of concerns like everyone else. We maintained our post all night long until we were relieved.”

But what shocked him the most, he said, was when city police told him not to confront and accost the rioters.

“I was sick to my stomach like everybody else. … This was urban warfare, no question about it. They were coming in absolutely beaten down. The [city officers] got out of their vehicles, thanked us profusely for being there, apologized to us for having to be there. They said we could have handled this, we were very capable of handling this, but we were told to stand down, repeatedly told to stand down,” he said. “I had never heard that order come from anyone — we went right out to our posts as soon as we got there, so I never heard the mayor say that. But repeatedly these guys, and there were many high-ranking officials from the Baltimore City Police Department … and these guys told me they were essentially neutered from the start. They were spayed from the start. They were told to stand down, you will not take any action, let them destroy property. I couldn’t believe it, I’m a 31-year veteran of law enforcement. … I had never heard anything like this before in my life and these guys obviously aren’t gonna speak out and the more I thought about this, … I had to say a few things. I apologize if I’ve upset people, but I believe in saying it like it is.”

Lewis said though he didn’t hear the order to stand down come from the mayor, he did hear it from police officials.

“I heard it myself over the Baltimore City police radio that I had tethered to my body-armor vest, I heard it repeatedly. ‘Stand down, stand down, stand down! Back up, back up, retreat, retreat!’ I couldn’t believe those words. Those are words I’ve never heard in my law enforcement vocabulary,” he said. “Baltimore City police, all law enforcement agencies are very capable of handling that city. They’re trained to handle that city. These guys were hearing words that had never been echoed in their lives, in their careers.”

Lewis claims after the riots many officers told him they were done being cops in the city and how heartbroken they are that they were not allowed to defend their city and stop businesses from burning.

http://baltimore.cbslocal.com/2015/04/30/sheriff-michael-lewis-on-the-stand-down-orders-given-to-city-officers/

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 455-457

Listen To Pronk Pops Podcast or Download Show 447-454

Listen To Pronk Pops Podcast or Download Show 439-446

Listen To Pronk Pops Podcast or Download Show 431-438

Listen To Pronk Pops Podcast or Download Show 422-430

Listen To Pronk Pops Podcast or Download Show 414-421

Listen To Pronk Pops Podcast or Download Show 408-413

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Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

Listen To Pronk Pops Podcast or Download Show 346-353

Listen To Pronk Pops Podcast or Download Show 338-345

Listen To Pronk Pops Podcast or Download Show 328-337

Listen To Pronk Pops Podcast or Download Show 319-327

Listen To Pronk Pops Podcast or Download Show 307-318

Listen To Pronk Pops Podcast or Download Show 296-306

Listen To Pronk Pops Podcast or Download Show 287-295

Listen To Pronk Pops Podcast or Download Show 277-286

Listen To Pronk Pops Podcast or Download Show 264-276

Listen To Pronk Pops Podcast or Download Show 250-263

Listen To Pronk Pops Podcast or Download Show 236-249

Listen To Pronk Pops Podcast or Download Show 222-235

Listen To Pronk Pops Podcast or Download Show 211-221

Listen To Pronk Pops Podcast or Download Show 202-210

Listen To Pronk Pops Podcast or Download Show 194-201

Listen To Pronk Pops Podcast or Download Show 184-193

Listen To Pronk Pops Podcast or Download Show 174-183

Listen To Pronk Pops Podcast or Download Show 165-173

Listen To Pronk Pops Podcast or Download Show 158-164

Listen To Pronk Pops Podcast or Download Show 151-157

Listen To Pronk Pops Podcast or Download Show 143-150

Listen To Pronk Pops Podcast or Download Show 135-142

Listen To Pronk Pops Podcast or Download Show 131-134

Listen To Pronk Pops Podcast or Download Show 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Shows 93

Listen To Pronk Pops Podcast or Download Shows 92

Listen To Pronk Pops Podcast or Download Shows 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

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Listen To Pronk Pops Podcast or Download Shows 49-51

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Listen To Pronk Pops Podcast or Download Shows 17-26

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Lying Lunatic Left Democratic Party’s War on People of Faith By Opposing Indiana’s Religious Freedom Restoration Law — 19 Other States Have Similar Laws — Federal Religious Freedom Restoration Act of 1993 — Does Not Discriminate Against Any One Including Gays and Lesbians– Videos

Posted on April 3, 2015. Filed under: American History, Articles, Babies, Blogroll, Business, Catholic Church, College, Communications, Constitution, Corruption, Crime, Crisis, Culture, Demographics, Documentary, Economics, Education, Employment, Faith, Family, Farming, Federal Government, Freedom, Friends, government, government spending, history, Investments, Law, liberty, Life, Links, Literacy, media, People, Philosophy, Photos, Politics, Press, Private Sector, Radio, Radio, Religion, Resources, Space, Strategy, Talk Radio, Unemployment, Unions, Video, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Pronk Pops Show 423: February 26, 2015

Pronk Pops Show 422: February 25, 2015 

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Story 3: Lying Lunatic Left Democratic Party’s  War on People of Faith By Opposing Indiana’s Religious Freedom Restoration Law — 19 Other States Have Similar Laws — Federal Religious Freedom Restoration Act of 1993 — Does Not Discriminate Against Any One Including Gays and Lesbians– Videos

Religious-Freedom-Restoration-ActRFRA1religionmap2013gay-marriage-cartoon-beeler

Indiana legislators pledge to ‘fix’ controversial religious freedom law

Pence signs Religious Freedom Restoration Act

Religious Freedom Restoration Act Bill Draws Criticism, Support

Indiana lawmakers discuss the Religious Freedom Restoration Act

WFB’s Liz Harrington Discusses Indiana’s Religious Freedom Law on Real Story

Indiana Gov. Mike Pence Says Religious Freedom Law ‘Absolutely Not’ a Mistake

Religious Freedom Act backlash continues in South Bend, across the US

What Does The Hobby Lobby Supreme Court Ruling Mean?

The Hobby Lobby Supreme Court Decision Explained

History and Impact of the Religious Freedom Restoration Act

Mark Steyn On The Religious Freedom Restoration Act of 1993

Swarens: Gov. Mike Pence to push for clarification of ‘religious freedom’ law

Gov. Mike Pence, scorched by a fast-spreading political firestorm, told The Star on Saturday that he will support the introduction of legislation to “clarify” that Indiana’s controversial Religious Freedom Restoration Act does not promote discrimination against gays and lesbians.

“I support religious liberty, and I support this law,” Pence said in an exclusive interview. “But we are in discussions with legislative leaders this weekend to see if there’s a way to clarify the intent of the law.”

The governor, although not ready to provide details on what the new bill will say, said he expects the legislation to be introduced into the General Assembly this coming week.

Asked if that legislation might include making gay and lesbian Hoosiers a protected legal class, Pence said, “That’s not on my agenda.”

Amid the deepest crisis of his political career, Pence said repeatedly that the intense blowback against the new law is the result of a “misunderstanding driven by misinformation.”

He adamantly insisted that RFRA will not open the door to state-sanctioned discrimination against gays and lesbians. But he did acknowledge that Indiana’s image — and potentially its economic health — has been hurt badly by the controversy.

I spoke with Pence on the same day that thousands of people rallied at the Statehouse in opposition to the law. And the same day that Angie’s List CEO Bill Oesterle announced that his company will abandon a deal with the state and city to expand the company’s headquarters in Indianapolis because of RFRA’s passage.

Oesterle’s statement is a telling sign that the outrage over RFRA isn’t limited only to the political left. Oesterle directed Republican Mitch Daniels’ 2004 campaign for governor. And it’s a signal that the damage from the RFRA debacle could be extensive.

Behind the scenes, Pence and his team have been scrambling to mitigate that damage — both to the state and to the governor’s political career.

Pence said, for example, that he had a “cordial and productive” conversation with Salesforce.com CEO Marc Benioff, who announced shortly after Pence signed the RFRA legislation on Thursday that the company will cancel all corporate-related travel to Indiana. That conversation, however, has not led to a reversal of the Salesforce decision.

I asked the governor if he had anticipated the strongly negative reaction set off by the bill’s passage. His response made it clear that he and his team didn’t see it coming.

“I just can’t account for the hostility that’s been directed at our state,” he said. “I’ve been taken aback by the mischaracterizations from outside the state of Indiana about what is in this bill.”

In defense of the legislation, he noted that 19 other states and the federal government have adopted RFRA laws similar to Indiana’s. And he pointed out that President Barack Obama voted for Illinois’ version of RFRA as a state senator.

The governor also criticized the news media’s coverage of the legislation. “Despite the irresponsible headlines that have appeared in the national media, this law is not about discrimination,” he said. “If it was, I would have vetoed it.”

Yet, those justifications, cited repeatedly by the governor’s supporters in recent days, have done little to quell the controversy.

Which is why the proposal to clarify the law’s intent with a new bill has gained traction among Pence’s advisers in the past couple of days.

Pence also plans to fight back in the state and national media. He’s scheduled, for instance, to defend the law Sunday morning on ABC’s “This Week” with George Stephanopoulos. “I’m not going to take it (the criticism) lying down,” he said.

As we wrapped up the conversation, I asked Pence: What answer do you have for the many gays and lesbians — and their friends and families — who’ve asked this past week if they are still welcome in Indiana?

“First, this law is not about discrimination. It’s about protecting religious liberty and giving people full access to the judicial system,” he said. “But, yes, Hoosier hospitality is about making all people feel welcome in our state. We did that with the Super Bowl and with many other events, and with bringing businesses here. We will continue to do that.”

Whether Pence can get that message across — whether he still has the credibility to get people to believe it — will help determine the extent of RFRA’s damage. First, and most important, for the state. But also for Mike Pence’s political future and legacy.

Burwell v. Hobby Lobby Stores, Inc.

From Wikipedia, the free encyclopedia
Burwell v. Hobby Lobby
Seal of the United States Supreme Court.svg

Argued March 25, 2014
Decided June 30, 2014Full case nameSylvia Burwell, Secretary ofHealth and Human Services, et al., Petitioners v. Hobby Lobby Stores, Inc., Mardel, Inc., David Green, Barbara Green, Steve Green, Mart Green, and Darsee Lett; Conestoga Wood Specialties Corporation, et al., Petitioners v. Sylvia Burwell, Secretary of Health and Human Services, et al.Docket nos.13-354
13-356Citations573 U.S. ___ (more)

134 S.Ct. 2751, WL 2921709, 2014 U.S. LEXIS 4505, 123 Fair Empl.Prac.Cas. (BNA) 621

HoldingAs applied to closely held for-profit corporations, the Health and Human Services(HHS) regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act (RFRA). HHS’s contraceptive mandate substantially burdens the exercise of religion under the RFRA. The Court assumes that guaranteeing cost-free access to the four challenged contraceptive methods is a compelling governmental interest, but the Government has failed to show that the mandate is the least restrictive means of furthering that interest.Court membership

Case opinionsMajorityAlito, joined by Roberts, Scalia, Kennedy, ThomasConcurrenceKennedyDissentGinsburg, joined by Sotomayor; Breyer, Kagan (all but part III-C-1)DissentBreyer and KaganLaws applied

Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Courtallowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law’s interest. It is the first time that the court has recognized a for-profit corporation’s claim of religious belief,[3] but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution.

For such companies, the Court’s majority directly struck down the contraceptive mandate, a regulation adopted by theUS Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote.[4] The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, leaving no employer-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.[5]

The ruling could have widespread impact, allowing corporations to claim religious exemptions from federal laws.[6][7]

Background

Federal law

Religious Freedom Restoration Act

The United States Supreme Court ruled in Employment Division v. Smith (1990) that a person may not defy neutral laws of general applicability[b] even as an expression of religious belief. “To permit this,” wrote Justice Scalia, “would make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.” He wrote that generally applicable laws do not have to meet the standard of strict scrutiny, because such a requirement would create “a private right to ignore generally applicable laws”. Strict scrutiny would require a law to be the least restrictive means of furthering a compelling government interest.

In 1993, the US Congress responded by passing the Religious Freedom Restoration Act (RFRA), requiring strict scrutiny when a neutral law of general applicability “substantially burden[s] a person’s[c] exercise of religion”.[8] The RFRA was amended in 2000 by the Religious Land Use and Institutionalized Persons Act (RLUIPA) to redefine exercise of religion as any exercise of religion, “whether or not compelled by, or central to, a system of religious belief”, which is to be “construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution”. The Supreme Court upheld the constitutionality of the RFRA as applied to federal statutes in Gonzales v. O Centro Espirita in 2006.

Affordable Care Act

Most Americans are covered by employer-sponsored health insurance. In 2010, Congress passed the Affordable Care Act (ACA), which relies on the Health Resources and Services Administration (HRSA), part of the Department of Health and Human Services (HHS), to specify what kinds of preventive care for women should be covered in certain employer-based health plans. HHS exempted religious employers (churches and their integrated auxiliaries, associations of churches, and any religious order), non-profit organizations that object to any required contraception,[9] employers providing grandfathered plans (that have not had specific changes before March 23, 2010), and employers with fewer than 50 employees. The HRSA decided that all twenty contraceptives approved by the U.S. Food and Drug Administration (FDA) should be covered.[10] Companies that refuse are fined $100 per individual per day,[11] or they can replace their health coverage with higher wages and a calibrated tax.

Hobby Lobby Stores and Conestoga Wood Specialties

Hobby Lobby is an arts and crafts company founded by self-made billionaire[12] David Green and owned by the Evangelical Christian Green family with about 21,000 employees.[11] It provided the contraceptives Plan-B and Ella until it dropped its coverage in 2012, the year it filed its lawsuit.[13][14] It is the largest funder of theNational Christian Charitable Foundation that uses its billion-dollar endowment to fund a network of political groups including the Alliance Defending Freedom, which recently supported the Arizona SB 1062 bill that attracted national controversy.[15] The Hobby Lobby case also involved Mardel Christian and Educational Supply, which is owned by Mart Green, one of David’s sons.

Hobby Lobby’s case was consolidated with another case by Conestoga Wood Specialties, a furniture company owned by the Mennonite Hahn family that has about 1,000 employees. They were being represented by Alliance Defending Freedom.[16]

Specific contraceptives contested by plaintiffs

The Green and Hahn families believe that life begins at conception which they equate to fertilization, and object to their closely held for-profit corporations providing health insurance coverage to their female employees of four FDA-approved contraceptives that the Green and Hahn families believe may prevent implantation of a fertilized egg (many doctors and scientists disagree), which the Green and Hahn families believe constitutes an abortion.[17][18][19][20]

Lower court history

In September 2012, Hobby Lobby filed a lawsuit in the U.S. District Court for the Western District of Oklahoma against enforcement of the contraception rule based on the RFRA and the Free Exercise Clause of the First Amendment. The district court denied Hobby Lobby’s request for a preliminary injunction. In March 2013, the U.S. Court of Appeals for the Tenth Circuit granted a hearing of the case. In June, the appeals court ruled that Hobby Lobby Stores, Inc. is a person who has religious freedom.[6] The court ordered the government to stop enforcement of the contraception rule on Hobby Lobby and sent the case back to the district court, which granted preliminary injunction in July. In September, the government appealed to the U.S. Supreme Court.[21]

Two other federal appeals courts ruled against the contraception coverage rule, while another two upheld it.[11]

The case was previously titled Sebelius v. Hobby Lobby. Sylvia Burwell was automatically substituted as petitioner when she was approved by the United States Senate as the Secretary of Health and Human Services after being nominated by President Barack Obama to replace Kathleen Sebelius following Sibelius’ resignation on April 10, 2014.

U.S. Supreme Court consideration

Acceptance and briefs

On November 26, the Supreme Court accepted and consolidated the case with Conestoga Wood Specialties v. Sebelius. Two dozen amicus briefs support the government, and five dozen support the companies. American Freedom Law Center‘s brief argues that birth control harms women because men will only want them “for the satisfaction of [their] own desires.”[22] Another brief argues that the contraception rule leads to “the maximization of sexual activity”.[7] Two of the briefs oppose each other on the constitutionality of the RFRA. Two briefs that do not formally take sides oppose each other on whether the right to religion applies to corporations.[23] One of those briefs argues that if shareholders are separated by the corporate veil from corporate liabilities, then their religious values are also separate from the corporation. It mentions the ruling in Domino’s Pizza, Inc. v. McDonald made against the African American owner of JWM Investments whose contracts were breached due to racial discrimination. The brief argues that if JWM Investments could not suffer discrimination through its owner, then Hobby Lobby could not suffer religious burden through its owner.[24][25] Two briefs were filed by LGBT groups concerned that future anti-discrimination laws would be pre-emptively harmed if employers could claim to be religiously exempt.[26][27][28]

Argument and deliberation

Oral arguments were held on March 25, 2014 for 30 minutes more than the usual one hour.[8] The three women in the court focused their questioning on Hobby Lobby’s lawyer, Paul D. Clement, while the men focused on the administration’s lawyer, Solicitor General Donald Verrilli, Jr.[29] Justice Sotomayor quoted the ruling from United States v. Lee (1982) saying that an employer can’t deprive employees of a statutory right because of religious beliefs. Clement replied that Lee does not apply because it was a challenge against a tax rather than against a significant burden. Sotomayor said that instead of paying the burden of the penalty, Hobby Lobby could replace its health care with the equivalent expense of higher wages and a calibrated tax, which the government would use to pay for the employees’ health care.[30][31] Near the end of Clement’s argument, Justice Kennedy expressed concern for the rights of the employees who may not agree with the religious beliefs of their employers.[32] When Verrilli argued that the ruling in Cutter v. Wilkinson requires the court to weigh the impact on third parties in every RFRA case, Justice Scalia said that the RFRA does not require the court to balance the interest of the religious objector to the interest of other individuals. Verilli returned to Lee,saying that granting an exemption to an employer should not impose the employer’s religious faith on the employees.[30][33]

Opinion of the Court

Majority opinion

On June 30, 2014, Associate Justice Samuel Alito delivered the judgment of the court. Four justices (Roberts, Scalia, Kennedy, and Thomas) joined him to strike down the HHS mandate, as applied to closely held corporations with religious objections, and to prevent the plaintiffs from being compelled to provide contraception under their healthcare plans. The ruling was reached on statutory grounds, citing the RFRA, because the mandate was not the “least restrictive” method of implementing the government’s interest. The ruling did not address Hobby Lobby’s claims under the Free Exercise Clause of the First Amendment.[34]

The court argued that the purpose of extending rights to corporations is to protect the rights of shareholders, officers, and employees.[35] It said that “allowing Hobby Lobby, Conestoga, and Mardel to assert RFRA claims protects the religious liberty of the Greens and the Hahns.”[36] The court found that for-profit corporations could be considered persons under the RFRA. It noted that the HHS treats nonprofit corporations as persons within the meaning of RFRA. The court stated, “no conceivable definition of the term includes natural persons and nonprofit corporations, but not for-profit corporations.”[37] Responding to lower court judges’ suggestion that the purpose of for-profit corporations “is simply to make money”, the court said, “For-profit corporations, with ownership approval, support a wide variety of charitable causes, and it is not at all uncommon for such corporations to further humanitarian and other altruistic objectives.”[38] The court rejected the contention that “the Nation lacks a tradition of exempting for-profit corporations from generally applicable laws,” pointing to a federal statute from 1993 that exempted any covered health care entity from engaging in “certain activities related to abortion”.[39]

The court held that the HHS contraception mandate substantially burdens the exercise of religion, rejecting an argument that the $2,000-per-employee penalty for dropping insurance coverage is less than the average cost of health insurance. Responding to HHS’s argument that the provision of coverage does not itself result in destruction of embryos, the Court asserted that the argument dodges the substantial burden question that the Court is supposed to address. The Court added, citing Jesuit moral manuals, that the argument is also the religious question of the morality of enabling the immoral acts of others, to which HHS had provided “a binding national answer”. The Court argued that federal courts should not answer religious questions because they would in effect be deciding whether certain beliefs are flawed.[40][41] The court argued that “companies would face a competitive disadvantage in retaining and attracting skilled workers,” that increased wages for employees to buy individual coverage would be more costly than group health insurance, that any raise in wages would have to take income taxes into account, and that employers cannot deduct the penalty.[42]

The court found it unnecessary to adjudicate on whether the HHS contraceptive mandate furthers a compelling government interest and held that HHS has not shown that the mandate is “the least restrictive means of furthering that compelling interest”.[43] The court argued that the most straightforward alternative would be “for the Government to assume the cost…” and that HHS has not shown that it is not “a viable alternative”.[44] The court said that the RFRA can “require creation of entirely new programs”.[45] The court also pointed out that HHS already exempts any nonprofit organization from paying for any required contraception by allowing it to certify its religious objection to its insurance issuer, which must “[p]rovide separate payments for any contraceptive services required to be covered”.[46] However, the court said the approach might not necessarily be the least restrictive alternative for all religious claims.[47]

The court concluded by addressing “the possibility that discrimination in hiring, for example on the basis of race, might be cloaked as religious practice to escape legal sanction”. The court said that their decision “provides no such shield”, and that “prohibitions on racial discrimination are precisely tailored to achieve that critical goal.”[48] The court also said that the requirement to pay taxes despite any religious objection is different from the contraceptive mandate because “there simply is no less restrictive alternative to the categorical requirement to pay taxes.”[49] The court acknowledged the dissent’s “worries about forcing the federal courts to apply RFRA to a host of claims made by litigants seeking a religious exemption from generally applicable laws…”, noting that this point was “made forcefully by the Court in Smith“. The court responded by saying, “Congress, in enacting RFRA, took the position that ‘the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests’…The wisdom of Congress’s judgment on this matter is not our concern. Our responsibility is to enforce RFRA as written, and under the standard that RFRA prescribes, the HHS contraceptive mandate is unlawful.”[50]

Concurring opinion

Justice Anthony Kennedy wrote a concurring opinion, responding to the “respectful and powerful dissent”, by emphasizing the limited nature of the ruling and saying that the government “makes the case that the mandate serves the Government’s compelling interest in providing insurance coverage that is necessary to protect the health of female employees”, but that the RFRA’s least-restrictive way requirement is not met because “there is an existing, recognized, workable, and already-implemented framework to provide coverage,” the one that HHS has devised for non-profit corporations with religious objections. “RFRA requires the Government to use this less restrictive means. As the Court explains, this existing model, designed precisely for this problem, might well suffice to distinguish the instant cases from many others in which it is more difficult and expensive to accommodate a governmental program to countless religious claims based on an alleged statutory right of free exercise.” (Kennedy, J., concurring, p. 3, 4)

Dissenting opinions

Justice Ruth Bader Ginsburg delivered the primary dissent, which was joined by Justice Sotomayor in full and by Justices Breyer and Kagan as to all but Part III–C–1[51] on “whether a corporation qualifies as a ‘person’ capable of exercising religion”.[52] Ginsburg began, “In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs. … Compelling governmental interests in uniform compliance with the law, and disadvantages that religion-based opt-outs impose on others, hold no sway, the Court decides, at least when there is a ‘less restrictive alternative.’ And such an alternative, the Court suggests, there always will be whenever, in lieu of tolling an enterprise claiming a religion-based exemption, the government, i.e., the general public, can pick up the tab.”[53]

She challenged the majority’s unprecedented view of for-profit religion saying “Until this litigation, no decision of this Court recognized a for-profit corporation’s qualification for a religious exemption from a generally applicable law, whether under the Free Exercise Clause or RFRA. The absence of such precedent is just what one would expect, for the exercise of religion is characteristic of natural persons, not artificial legal entities[54]…Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community.”[55] Responding to the majority’s argument that the government should “assume the cost” of contraceptives, Ginsburg said that “the nation’s only dedicated source of federal funding for safety net family planning services…” is not designed to absorb the unmet needs of those already insured. She noted that “a less restrictive alternative” has not been written into law by Congress.[56] Ginsburg warns, “The Court, I fear, has ventured into a minefield…”[57]

Justices Breyer and Kagan wrote a one-paragraph dissenting opinion, saying that “the plaintiffs’ challenge to the contraceptive coverage requirement fails on the merits” and that they “need not and do not decide whether either for-profit corporations or their owners may bring claims under the Religious Freedom Restoration Act of 1993.”[58]

Reactions

Barbara Green, co-founder of Hobby Lobby, said “Today, the nation’s highest court has reaffirmed the vital importance of religious liberty as one of our country’s founding principles. The court’s decision is a victory, not just for our family business, but for all who seek to live out their faith.”[59]

Conestoga CEO Anthony Hahn said, “Americans don’t have to surrender their freedom when they open a family business.”[59]

Organizations

Conservative and pro-life groups praised the ruling. The National Review said that the Supreme Court ruling “[led] Alliance Defending Freedom attorney Matt Bowman to call Hobby Lobby an ‘inclusive decision’ that advances everyone’s freedom.”[60] Susan B. Anthony List President Marjorie Dannenfelser said, “This is a great victory for religious liberty – the bedrock of our founding. In living out our religious convictions, there are certain things we must not do. This is why we are at a watershed moment. Religious people will no longer be ordered to take action that our religion says we must not take.”[61] Family Research Council President Tony Perkins said, “The Supreme Court has delivered one of the most significant victories for religious freedom in our generation. We are thankful the Supreme Court agreed that the government went too far by mandating that family businesses owners must violate their consciences under threat of crippling fines.”[61] The U.S. Conference of Catholic Bishops said, “We welcome the Supreme Court’s decision to recognize that Americans can continue to follow their faith when they run a family business…Now is the time to redouble our efforts to build a culture that fully respects religious freedom.”[62]

Pro-choice and civil-liberties groups criticized the ruling. Cecile Richards, president of the Planned Parenthood Action Fund, said, “Today, the Supreme Court ruled against American women and families, giving bosses the right to discriminate against women and deny their employees access to birth control coverage. This is a deeply disappointing and troubling ruling that will prevent some women, especially those working hourly-wage jobs and struggling to make ends meet, from getting birth control.”[63] Deputy legal director of the American Civil Liberties Union Louise Melling said, “This is a deeply troubling decision. For the first time, the highest court in the country has said that business owners can use their religious beliefs to deny their employees a benefit that they are guaranteed by law.”[64]

In an editorial, the New England Journal of Medicine called the decision “a setback for both the ACA’s foundational goal of access to universal health care and for women’s health care specifically”, voicing concern that “in assessing the competing claims about abortion and birth control, the Court’s majority focused on the religious claims of the corporations without discussing scientific or medical opinions.”[65] In JAMA Internal Medicine, Alta Charo wrote that “consistent with a disturbing trend among courts and legislatures to misstate or misuse scientific information in the context of women’s reproductive rights and health, the Supreme Court’s decision ignored the well-accepted distinction between contraception and abortion.”[66] The American Congress of Obstetricians and Gynecologists, representing 90% of U.S. board-certified gynecologists, supported a bill to overturn the Hobby Lobby ruling.[67]

Government

White House spokesman Josh Earnest said, “Congress needs to take action to solve this problem that’s been created and the administration stands ready to work with them to do so. President Obama believes that women should make personal health care decisions for themselves, rather than their bosses deciding for them. Today’s decision jeopardizes the health of women that are employed by these companies.”[64]

Senate Majority Leader Harry Reid (D-Nev.) said, “If the Supreme Court will not protect women’s access to health care, then Democrats will. We will continue to fight to preserve women’s access to contraceptive coverage and keep bosses out of the examination room.”[3]

Senate Minority Leader Mitch McConnell said, “[T]he Obama administration cannot trample on the religious freedoms that Americans hold dear.”[3]

Senator Charles Schumer (D-NY), who introduced the RFRA in 1993, said his law “was not intended to extend the same protection to for-profit corporations, whose very purpose is to profit from the open market.”[68]

Speaker of the House John Boehner (R-Ohio) said, “The mandate overturned today would have required for-profit companies to choose between violating their constitutionally-protected faith or paying crippling fines, which would have forced them to lay off employees or close their doors.”[69]

House minority leader Nancy Pelosi (D-CA) said, “Although the Court restricted their ruling to ‘closely-held’ companies, this ruling will immediately affect the lives of millions of women across the country. Over 90 percent of America’s businesses are ‘closely-held,’ including such large employers as Koch Industries and Bechtel.[69]Women should not be forced to jump through extra hoops to secure the fundamental health care they need. Allowing employers and CEOs to limit the health care available to employees is a gross violation of their workers’ religious rights. It’s just not her boss’ business.”[64]

Senator Ted Cruz (R-Tex.) said, “Today’s victory in the Hobby Lobby case is terrific news—but now is no time to rest. We cannot rely on the courts alone to defend our religious liberty.”[61]

Senator Orrin Hatch (R-Utah) said, “I applaud the Supreme Court’s decision to protect the religious freedom of all Americans, both individually and collectively. The notion that religious freedom belongs only to some, and even then only in private, defies our nation’s traditions, our laws, and our Constitution. And as the Supreme Court rightfully said today, the Religious Freedom Restoration Act could not have been clearer in saying religious liberty of all Americans must be equally protected and not unnecessarily burdened.”[61]

Rep. Michele Bachmann (R-Minn) said, “I am extremely encouraged by today’s Supreme Court decision to uphold the religious liberty rights of the Green family of Hobby Lobby.”[61]

Aftermath

Cases following SCOTUS ruling

Forbes reported that following the ruling in Burwell v. Hobby Lobby, “the Supreme Court vacated the judgment against Eden Foods and sent the case back to the U.S. Court of Appeals for the Sixth Circuit for further consideration.”[70]

Wheaton College order

On July 3, 2014, the Supreme Court granted a temporary exemption to the approach it suggested as a less restrictive alternative in Hobby Lobby, where the plaintiffs would send a form (EBSA Form 700)[71] to its insurance issuer, which would pay for the contraception. In an unsigned emergency injunction for Wheaton College in Illinois, the court said that instead of notifying its insurance issuer, Wheaton can notify the government. Once notified, the government should notify the issuer. Wheaton believed that by transferring the obligation to cover contraceptives to its insurance issuer, it was triggering that obligation. The emergency injunction does not constitute a ruling on the merits of Wheaton’s religious objection. The court said “Nothing in this interim order affects the ability of the applicant’s employees and students to obtain, without cost, the full range of FDA approved contraceptives.”[72]

In a 15-page dissent joined by the other two women on the court, Justice Sotomayor criticized the majority’s reasoning: “Wheaton’s application comes nowhere near the high bar necessary to warrant an emergency injunction from this court…The court’s actions in this case create unnecessary costs and layers of bureaucracy, and they ignore a simple truth: The government must be allowed to handle the basic tasks of public administration in a manner that comports with common sense.”[73]

In January, the Supreme Court granted a similar temporary injunction to the Little Sisters of the Poor.[74][75][76]

In dueling commentaries between regular SCOTUSblog contributor Marty Lederman and co-founder Tom Goldstein, Lederman argued that only Form 700 can require an insurance provider to pay for contraception coverage. Goldstein argued that an existing regulation allows the government to specify an alternative to Form 700. He pointed out that “the Court didn’t accept Wheaton’s most aggressive argument” that it cannot be required to do anything. He said that Justice Kennedy’s concurrence is controlling and makes clear that the RFRA is not violated by requiring Wheaton to notify the government.[77][78]

Implications

Religious exemption from laws that apply to the general public

Although the court stated clearly that the decision is limited to the contraceptive mandate (Syllabus p. 4-5), the ruling is seen to have consequences extending far beyond contraception. Walter Dellinger, former acting solicitor general said, “for the first time, commercial enterprises could successfully claim religious exemptions from laws that govern everyone else.” Fifteen states had filed a brief arguing that businesses would be able to deny coverage for transfusions, stem cell treatments, and psychiatric care.[6] In line with the dissenting opinion, The American Prospect asked, “[W]ill the taxpayers have to send a check to employees if employers feel that minimum wage laws violate their religious beliefs?”[79] Jonathan Rauch, a senior fellow at the Brookings Institution, said that objections to paying health benefits for same-sex spouses will get traction.[80] The National Gay and Lesbian Task Force (NGLT) and the National Center for Lesbian Rights withdrew their support for the Employment Non-Discrimination Act (ENDA) passed by the Senate, saying that its religious exemptions would allow companies to fire or refuse to hire LGBT workers in light of the Hobby Lobby ruling. NGLT executive director Rea Carey said, “We do not take this move lightly. We’ve been pushing for this bill for 20 years.”[81]

Such concerns are focused on the court’s application of the federal RFRA law and were driven by national controversy over a state RFRA amendment bill in Arizona. Douglas Laycock, law professor at the University of Virginia, said, “The whole secular left has decided” that RFRA laws “are very dangerous because they care so much more about the contraception cases and gay rights.” He said RFRA laws are mischaracterized because they do not dictate outcomes favoring religious objectors, they only require courts to use the highest standard of scrutiny on any law challenged.[6] Mark Kernes, Senior Editor and Chief Legal Analyst forAVN magazine stated in an op-ed piece, “If the Hobby Lobby decision supports the ‘right’ of companies not to make available birth control that will prevent women from “catching” a pregnancy, what’s to keep those same religious companies from arguing that providing access to PrEP drugs like Truvada, which help prevent gays (and, admittedly, everyone) from catching HIV shouldn’t similarly be excluded from their health plans?”[82]

Imposition of religious beliefs onto others

Marcia Greenberger, co-president of the National Women’s Law Center, said that the Supreme Court has never ruled that companies have religious beliefs and that “it has never held that religious exercise provides a license to harm others, or violate the rights of third parties.” Louise Melling, ACLU deputy legal director, said religious freedom “gives us all the right to hold our beliefs, but it doesn’t give you the right to impose your beliefs on others, to discriminate against others.”[7] The editorial board of The New York Times wrote that the decision “swept aside accepted principles of corporate law and religious liberty to grant owners of closely held, for-profit companies an unprecedented right to impose their religious views on employees.”[83] A Fox News columnist wrote, “[W]ith all of the debate about the religious beliefs of the Hobby Lobby owners, what about the religious beliefs of their employees? They are just as important, and should not be trampled upon.”[84]The director of the United Church of Christ’s Washington, D.C. office, said that the ruling “may embolden private employers to claim religious objections to particular health care services, in effect forcing their own religious views upon their employees.”[85] Former Secretary of State Hillary Clinton said, “It’s the first time that our court has said that a closely-held corporation has the rights of a person when it comes to religious freedom, which means that the…corporation’s employers can impose their religious beliefs on their employees.”[86] The Center for American Progress said that the ruling “moves in the direction this court has been moving already, which is talking about corporate personhood—really treating corporations like people, saying that the corporation has a religion itself and that should be imposed on its employees.”[80] Interfaith Alliance leader Rev. Welton Gaddy said, “The First Amendment is at its best when it is used to protect the rights of minorities from the whims of the powerful. Today’s decision, which gives the powerful the right to force their religious beliefs on those around them, is a far cry from the best traditions of religious freedom.”[62]

Scholars on the other side (including some on the left) disagree, arguing that companies owned and run by liberals will likewise benefit from the freedom to operate according to their conscience or values – which has not been viewed as “imposing” views, because people routinely choose whom to associate with based on philosophical compatibility.[87] This debate reflects a larger recurring ideological issue over what constitutes “coercion” or “imposing” – e.g., whether burdens imposed by law onto employers are better or worse than burdens imposed by employers on employees.[88]

Corporate liability

The New York Times editor Dorothy J. Samuels wrote, “If owners indicate that they are not entirely separate from their corporation—by denying corporation employees’ birth control coverage based on their personal religious beliefs—the case could be made in future state-court litigation that they have waived their right to be shielded from responsibility for corporate financial liabilities.”[89] The dean of the UC Irvine School of Law Erwin Chemerinsky said, “The liabilities of the corporation are not attributed to the owners, so why should the owners be able to attribute their beliefs to the company?”[90] Samuels leaves her readers with an adage: “Be careful what you wish for.”[89] Several legal scholars wrote an amicus brief to the Supreme Court for this case arguing this danger, while scholars on the other side counter that incorporated non-profit organizations enjoy liability protection despite their activities based on religious or other values/conscience-based causes.[91]

See also

http://en.wikipedia.org/wiki/Burwell_v._Hobby_Lobby_Stores,_Inc.

Religious Freedom Restoration Act

From Wikipedia, the free encyclopedia
For state versions of the RFRA, see State Religious Freedom Restoration Acts.
For the Indiana legislation, see Indiana SB 101.
Religious Freedom Restoration Act of 1993
Great Seal of the United States
Long title An Act to protect the free exercise of religion.
Acronyms(colloquial) RFRA
Enacted by the 103rd United States Congress
Effective November 16, 1993
Citations
Public Law 103-141
Statutes at Large 107 Stat. 1488
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created 42 U.S.C. ch. 21B § 2000bb et seq.
Legislative history
United States Supreme Court cases
City of Boerne v. Flores
Burwell v. Hobby Lobby

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4 (also known as RFRA), is a 1993 United States federal law aimed at preventing laws that “substantially burden” a person’s free exercise of religion. The bill was introduced by Congressman Chuck Schumer (DNY) on March 11, 1993 and passed by a unanimous U.S. House and a near unanimous U.S. Senate with three dissenting votes[1] and was signed into law by President Bill Clinton.

The RFRA was held unconstitutional as applied to the states in the City of Boerne v. Flores decision in 1997, which ruled that the RFRA is not a proper exercise of Congress’s enforcement power. However, it continues to be applied to the federal government—for instance, in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal—because Congress has broad authority to carve out exemptions from federal laws and regulations that it itself has authorized. In response to City of Boerne v. Flores, some individual states passed State Religious Freedom Restoration Acts that apply to state governments and local municipalities.

Provisions

This law reinstated the Sherbert Test, which was set forth by Sherbert v. Verner, and Wisconsin v. Yoder, mandating that strict scrutiny be used when determining whether the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In the Religious Freedom Restoration Act, Congress states in its findings that a religiously neutral law can burden a religion just as much as one that was intended to interfere with religion;[2] therefore the Act states that the “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.”[3]

The law provided an exception if two conditions are both met. First, the burden must be necessary for the “furtherance of a compelling government interest.”[3] Under strict scrutiny, a government interest is compelling when it is more than routine and does more than simply improve government efficiency. A compelling interest relates directly with core constitutional issues.[4] The second condition is that the rule must be the least restrictive way in which to further the government interest.

Background and passage

This tipi is used for Peyote ceremonies in the Native American Church, one of the main religions affected by the Religious Freedom Restoration Act

The Religious Freedom Restoration Act applies to all religions, but is most pertinent[dubious ] to Native American religions that are burdened by increasing expansion of government projects onto sacred land. In Native American religion the land they worship on is very important. Often the particular ceremonies can only take place in certain locations because these locations have special significance.[5] This, along with peyote use, are the main parts of Native American religions that are often left unprotected.

The Free Exercise Clause of the First Amendment states that Congress shall not pass laws prohibiting the free exercise of religion. In the 1960s, the Supreme Court interpreted this as banning laws that burdened a person’s exercise of religion (e.g.Sherbert v. Verner, 374 U.S. 398 (1963); Wisconsin v. Yoder, 406 U.S. 205 (1972)). But in the 1980s the Court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the ban was “generally applicable” to all citizens. Also, the American Indian Religious Freedom Act, intended to protect the freedoms of tribal religions, was lacking enforcement. This led to the key cases leading up to the RFRA, which were Lyng v. Northwest Indian Cemetery Protective Association (1988) and Employment Division v. Smith, 494 U.S. 872 (1990). In Lyng, the Court was unfavorable to sacred land rights. Members of the Yurok, Tolowa and Karok tribes tried to use the First Amendment to prevent a road from being built by the U.S. Forest Service through sacred land. The land that the road would go through consisted of gathering sites for natural resources used in ceremonies and praying sites. The Supreme Court ruled that this was not an adequate legal burden because the government was not coercing or punishing them for their religious beliefs.[6] In Smith the Court upheld the state of Oregon‘s refusal to give unemployment benefits to two Native Americans fired from their jobs at a rehab clinic after testing positive for mescaline, the main psychoactive compound in the peyote cactus, which they used in a religious ceremony. Peyote use has been a common practice in Native American tribes for centuries. It was integrated with Christianity into what is now known as the Native American Church.[7]

The Smith decision outraged the public. Many groups came together. Both liberal (like the American Civil Liberties Union) and conservative groups (like theTraditional Values Coalition) as well as other groups such as the Christian Legal Society, the American Jewish Congress, the Baptist Joint Committee for Religious Liberty, and the National Association of Evangelicals joined forces to support RFRA, which would reinstate the Sherbert Test, overturning laws if they burden a religion.[8] The act, which was Congress’s reaction to the Lyng and Smith cases, passed the House unanimously and the Senate 97 to 3 and was signed into law byU.S. President Bill Clinton.

Applicability

The RFRA applies “to all Federal law, and the implementation of that law, whether statutory or otherwise”, including any Federal statutory law adopted after the RFRA’s date of signing “unless such law explicitly excludes such application.”[9]

Challenges and weaknesses

The Peyote cactus, the source of the peyote used by Native Americans in religious ceremonies.

In 1997, part of this act was overturned by the United States Supreme Court. The Roman Catholic Archdiocese of San Antoniowanted to enlarge a church in Boerne, Texas. But a Boerne ordinance protected the building as a historic landmark and did not permit it to be torn down. The church sued, citing RFRA, and in the resulting case, City of Boerne v. Flores, 521 U.S. 507(1997), the Supreme Court struck down the RFRA with respect to its applicability to States (but not Federally), stating that Congress had stepped beyond their power of enforcement provided in the Fourteenth Amendment.[8] In response to the Boerneruling, Congress passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000, which grants special privileges to religious land owners.[10]

The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia.[11] A number of states have passed state RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.[12]

The constitutionality of RFRA as applied to the federal government was confirmed on February 21, 2006, as the Supreme Court ruled against the government inGonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006), which involved the use of an otherwise illegal substance in a religious ceremony, stating that the federal government must show a compelling state interest in restricting religious conduct.

Post-Smith, many members of the Native American Church still had issues using peyote in their ceremonies. This led to the Religious Freedom Act Amendments in 1994, which state, “the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremony purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any state. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation.”[3]

Applications and effects

The Religious Freedom Restoration Act holds the federal government responsible for accepting additional obligations to protect religious exercise. In O’Bryan v. Bureau of Prisons it was found that the RFRA governs the actions of federal officers and agencies and that the RFRA can be applied to “internal operations of the federal government.”[13] RFRA, in conjunction with President Bill Clinton‘s Executive Order in 1996, provided more security for sacred sites for Native American religious rites.[3]

As of 1996, the year before the RFRA was found unconstitutional as applied to states, 337 cases had cited RFRA in its three year time range.[14] It was also found that Jewish, Muslim, and Native American religions, which make up only three percent of religious membership in the U.S., make up 18 percent of the cases involving the free exercise of religion.[14] The Religious Freedom Restoration Act was a cornerstone for tribes challenging the National Forest Service’s plans to permit upgrades to Snow Bowl Ski Resort. Six tribes were involved, including the Navajo, Hopi, Havasupai, and Hualapai. The tribes objected on religious grounds to the plans to use reclaimed water. They felt that this risked infecting the tribal members with “ghost sickness” as the water would be from mortuaries and hospitals. They also felt that the reclaimed water would contaminate the plant life used in ceremonies. In August 2008, the Ninth Circuit Court of Appeals rejected their RFRA claim.[15][16]

In the case of Adams v. Commissioner, the United States Tax Court rejected the argument of Priscilla M. Lippincott Adams, who was a devout Quaker. She tried to argue that under the Religious Freedom Restoration Act of 1993, she was exempt from federal income taxes. The U.S. Tax Court rejected her argument and ruled that she was not exempt. The Court stated: “…while petitioner’s religious beliefs are substantially burdened by payment of taxes that fund military expenditures, the Supreme Court has established that uniform, mandatory participation in the Federal income tax system, irrespective of religious belief, is a compelling governmental interest.”[17] In the case of Miller v. Commissioner, the taxpayers objected to the use of social security numbers, arguing that such numbers related to the “mark of the beast” from the Bible. In its decision, the U.S. Court discussed the applicability of the Religious Freedom Restoration Act of 1993, but ruled against the taxpayers.[18]

The RFRA figured prominently in oral arguments in the case, Burwell v. Hobby Lobby, heard by the Supreme Court on March 25, 2014.[19] In a 5-4 decision, Justice Alito stated, that the RFRA did not just restore the law as before Smith but contains a new regulation that allows to opt out of federal law based on religious beliefs.[20]

20th anniversary

A day-long symposium was held at the Newseum in Washington, D.C., on Nov. 7, 2013, to commemorate the 20th anniversary of the Religious Freedom Restoration Act. “Restored or Endangered? The State of the Free Exercise of Religion in America” featured three panel discussions and two keynote addresses.

The first keynote address was from Oliver S. Thomas, the former general counsel of the Baptist Joint Committee for Religious Liberty and the chair of the diverse “Coalition for the Free Exercise of Religion” in the 1990s that worked for the passage of RFRA. The second was from Douglas Laycock, who was an author of RFRA. His address traced the legal history of RFRA and discussed its impact on current debates, including the contraception mandate and same-sex marriage laws.

The panel discussions covered the history and impact of RFRA, religious freedom and the contraceptive mandate of the Affordable Care Act, and current and future challenges to the free exercise of religion in a diverse society. The addresses and panel discussions are all available online, as well as a special downloadable resource with more on RFRA, published by the Baptist Joint Committee.[21]

See also

http://en.wikipedia.org/wiki/Religious_Freedom_Restoration_Act

First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on thefreedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

The Bill of Rights was originally proposed as a measure to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Courtapplied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment.

In Everson v. Board of Education (1947), the Court drew on Founding Father Thomas Jefferson‘s correspondence to call for “a wall of separation between church and State”, though the precise boundary of this separation remains in dispute. Speech rights were expanded significantly in a series of 20th and 21st-century court decisions which protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.

The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.

Text

The Bill of Rights in theNational Archives

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]

Background

Main article: Anti-Federalism

In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence “The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments.” Eight of the other thirteen states made similar pledges. However, these declarations were generally considered “mere admonitions to state legislatures”, rather than enforceable provisions.[2]

James Madison, drafter of the Bill of Rights

After several years of comparatively weak government under the Articles of Confederation, a Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason, a Constitutional Convention delegate and the drafter of Virginia’s Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties. Other delegates—including future Bill of Rights drafter James Madison—disagreed, arguing that existing state guarantees of civil liberties were sufficient and that any attempt to enumerate individual rights risked the implication that other, unnamed rights were unprotected. After a brief debate, Mason’s proposal was defeated by a unanimous vote of the state delegations.[3]

For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification (“Anti-Federalism”) was partly based on the Constitution’s lack of adequate guarantees for civil liberties. Supporters of the Constitution in states where popular sentiment was against ratification (including Virginia, Massachusetts, and New York) successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. The U.S. Constitution was eventually ratified by all thirteen states. In the 1st United States Congress, following the state legislatures’ request, James Madison proposed twenty constitutional amendments, which were then condensed to twelve and forwarded to the states. Ten of these were ratified and became the Bill of Rights.[4] The First Amendment passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendment’s intent.[5][6] The First Amendment (along with the rest of the Bill of Rights) was submitted to the states for ratification on September 25, 1789, and adopted on December 15, 1791.[7][8]

Establishment of religion

Main article: Establishment Clause

Thomas Jefferson wrote with respect to the First Amendment and its restriction on the legislative branch of the federal government in an 1802 letter to the Danbury Baptists (a religious minority concerned about the dominant position of the Congregationalist church in Connecticut):

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.[9]

In Reynolds v. United States (1878) the Supreme Court used these words to declare that “it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order.” Quoting from Jefferson’s Virginia Statute for Religious Freedom the court stated further in Reynolds:

In the preamble of this act […] religious freedom is defined; and after a recital ‘that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,’ it is declared ‘that it is time enough for the rightful purposes of civil government for its officers to interfere [only] when [religious] principles break out into overt acts against peace and good order.’ In these two sentences is found the true distinction between what properly belongs to the church and what to the State.

Originally, the First Amendment applied only to the federal government, and some states continued official state religions after ratification. Massachusetts, for example, was officially Congregationalist until the 1830s.[10] In Everson v. Board of Education (1947), the U.S. Supreme Court incorporated the Establishment Clause (i.e., made it apply against the states). In the majority decision, Justice Hugo Black wrote:

The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another … in the words of Jefferson, the [First Amendment] clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State’ … That wall must be kept high and impregnable. We could not approve the slightest breach.[11]

In Torcaso v. Watkins (1961), the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office. In the Board of Education of Kiryas Joel Village School District v. Grumet (1994),[12] Justice David Souter, writing for the majority, concluded that “government should not prefer one religion to another, or religion to irreligion.”[13] In a series of cases in the first decade of the 2000s—Van Orden v. Perry (2005),McCreary County v. ACLU (2005), and Salazar v. Buono (2010)—the Court considered the issue of religious monuments on federal lands without reaching a majority reasoning on the subject.[14]

Separationists

U.S. President Thomas Jeffersonwrote in his correspondence of “a wall of separation between church and State”.

Everson used the metaphor of a wall of separation between church and state, derived from the correspondence of PresidentThomas Jefferson. It had been long established in the decisions of the Supreme Court, beginning with Reynolds v. United States in 1879, when the Court reviewed the history of the early Republic in deciding the extent of the liberties of Mormons. Chief Justice Morrison Waite, who consulted the historian George Bancroft, also discussed at some length the Memorial and Remonstrance against Religious Assessments by James Madison, who drafted the First Amendment; Madison used the metaphor of a “great barrier.”[15]

Justice Hugo Black adopted Jefferson’s words in the voice of the Court.[16] The Court has affirmed it often, with majority, but not unanimous, support. Warren Nord, in Does God Make a Difference?, characterized the general tendency of the dissents as a weaker reading of the First Amendment; the dissents tend to be “less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities.”[17]

Beginning with Everson, which permitted New Jersey school boards to pay for transportation to parochial schools, the Court has used various tests to determine when the wall of separation has been breached. Everson laid down the test that establishment existed when aid was given to religion, but that the transportation was justifiable because the benefit to the children was more important. In the school prayer cases of the early 1960s, (Engel v. Vitale and Abington School District v. Schempp), aid seemed irrelevant; the Court ruled on the basis that a legitimate action both served a secular purpose and did not primarily assist religion. In Walz v. Tax Commission (1970), the Court ruled that a legitimate action could not entangle government with religion; in Lemon v. Kurtzman (1971), these points were combined into the Lemon test, declaring that an action was an establishment if:[18]

  1. the statute (or practice) lacked a secular purpose;
  2. its principal or primary effect advanced nor inhibited religion; or
  3. it fostered an excessive government entanglement with religion.

The Lemon test has been criticized by justices and legal scholars, but it remains the predominant means by which the Court enforces the Establishment Clause.[19]In Agostini v. Felton (1997), the entanglement prong of the Lemon test was demoted to simply being a factor in determining the effect of the challenged statute or practice.[20] In Zelman v. Simmons-Harris (2002), the opinion of the Court considered secular purpose and the absence of primary effect; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test.[19] Further tests, such as the endorsement test and coercion test, have been developed to determine the whether a government action violated the Establishment Clause.[21][22]

In Lemon the Court stated that that the separation of church and state could never be absolute: “Our prior holdings do not call for total separation between church and state; total separation is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable,” the court wrote. “Judicial caveats against entanglement must recognize that the line of separation, far from being a “wall,” is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship.”[23]

Accommodationists

Accommodationists, in contrast, argue along with Justice William O. Douglas that “[w]e are a religious people whose institutions presuppose a Supreme Being”.[24]This group holds that the Lemon test should be applied selectively.[24] As such, for many conservatives, the Establishment Clause solely prevents the establishment of a state church, not public acknowledgements of God nor “developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government’s goals.”[25][26]

Free exercise of religion

Main article: Free Exercise Clause

“Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order,” In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can be made to regulate some religious practices (e.g., human sacrifices, and the Hindu practice of suttee). The Court stated that to rule otherwise, “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances.”[27] In Cantwell v. Connecticut (1940), the Court held that the Due Process Clause of the Fourteenth Amendment applied the Free Exercise Clause to the states. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute.[28]

In Sherbert v. Verner (1963),[29] the Supreme Court required states to meet the “strict scrutiny” standard when refusing to accommodate religiously motivated conduct. This meant that a government needed to have a “compelling interest” regarding such a refusal. The case involved Adele Sherbert, who was denied unemployment benefits by South Carolina because she refused to work on Saturdays, something forbidden by her Seventh-day Adventist faith.[30] In Wisconsin v. Yoder (1972), the Court ruled that a law that “unduly burdens the practice of religion” without a compelling interest, even though it might be “neutral on its face,” would be unconstitutional.[31][32]

The need for a compelling interest was narrowed in Employment Division v. Smith (1990),[33] which held no such interest was required under the Free Exercise Clause regarding a law that does not target a particular religious practice.[34] In Church of Lukumi Babalu Aye v. City of Hialeah (1993),[35] the Supreme Court ruled Hialeah had passed an ordinance banning ritual slaughter, a practice central to the Santería religion, while providing exceptions for some practices such as thekosher slaughter. Since the ordinance was not “generally applicable,” the Court ruled that it needed to have a compelling interest, which it failed to have, and so was declared unconstitutional.[36]

In 1993, the Congress passed the Religious Freedom Restoration Act (RFRA), seeking to restore the compelling interest requirement applied in Sherbert andYoder. In City of Boerne v. Flores (1997),[37] the Court struck down the provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment, on the grounds that while the Congress could enforce the Supreme Court’s interpretation of a constitutional right, the Congress could not impose its own interpretation on states and localities.[38] According to the court’s ruling in Gonzales v. UDV (2006),[39] RFRA remains applicable to federal laws and so those laws must still have a “compelling interest”.[40]

http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

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The Scandal of H-1B Visas — The Outsourcing Of American Jobs To Foreign Workers — End The Cheap Labor Racket — Abolish H-1B Visas — Videos

Posted on March 25, 2015. Filed under: Agriculture, American History, Articles, Blogroll, Books, Business, College, Communications, Constitution, Corruption, Documentary, Economics, Education, Employment, Faith, Family, Federal Government Budget, Fiscal Policy, Freedom, government, government spending, Health Care, history, Illegal, Immigration, Law, Legal, liberty, Life, Links, Literacy, media, Non-Fiction, Obamacare, People, Philosophy, Photos, Politics, Press, Private Sector, Public Sector, Radio, Rants, Regulations, Security, Strategy, Talk Radio, Taxes, Unions, Video, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 2: The Scandal of H-1B Visas — The Outsourcing Of American Jobs To Foreign Workers — End The Cheap Labor Racket —  Abolish H-1B Visas —  Videos

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The issue of high skill immigration is receiving increased attention as Congress considers comprehensive immigration legislation. Underlying this issue is an ongoing debate surrounding the U.S. labor market for high-skill workers, including those in science, technology, engineering and math (STEM) fields. The key policy questions being discussed include: is there a shortage of STEM workers in the U.S. economy; is the U.S. education system producing enough STEM graduates with requisite STEM education; and does high-skill immigration negatively affect the domestic supply of STEM talent?

ITIF will host a lively debate on this critical policy issue. Robert Atkinson, President of ITIF, and Jonathan Rothwell, an Associate Fellow at the Brookings Institution, will argue that the United States does face a STEM worker shortage, which is hampering the development of the innovation economy, and high-skill immigration should be used as a tool to address the skills gap. Hal Salzman, Professor of Planning and Public Policy at Rutgers University and Ron Hira, Associate Professor of Public Policy at Rochester Institute of Technology, will counter that the country is not experiencing a STEM shortage, and increased immigration will simply exacerbate unemployment and hurt U.S. workers. The debate will be moderated by Kevin Finneran, editor of the National Academies’ Issues in Science and Technology.

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Ron Hira – Domestic IT & BPO Sourcing Can Generate Good American Jobs: The Role for Policy

maxresdefault outsourcing america

Ron Hira Associate Professor of Public Policy at Rochester Institute of Technology, Research Associate at Economic Policy Institute and co-author of the book, Outsourcing America, giving the opening keynote at Momentum 2013

MidPoint | Ron Hira discusses his column in The Hill calling the H-1B visa the “Outsourcing Visa.”

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LOU DOBBS TONIGHT 04.05.07 – H1B Visa Abuse

H-1B Work Visas: Basic Requirements

Silenced workers who lost jobs to H-1B visa abuse (quietly) speak out

BY BYRON YORK

The Senate Judiciary Committee recently held a hearing into abuses of the H-1B skilled guest worker visa program. Lawmakers heard experts describe how the use of foreign workers has come to dominate the IT industry, with many tech giants using the program to fire well-paid current workers and replace them with workers from abroad at significantly lower pay.

“The current system to bring in high-skill guest workers … has become primarily a process for supplying lower-cost labor to the IT industry,” two experts who testified at the hearing, Howard University’s Ron Hira and Rutgers’ Hal Salzman, wrote recently. “Although a small number of workers and students are brought in as the ‘best and brightest,’ most high-skill guest workers are here to fill ordinary tech jobs at lower wages.”

Exhibit A in the abuse of H-1Bs was the case of Southern California Edison, which recently got rid of between 400 and 500 IT employees and replaced them with a smaller force of lower-paid workers brought in from overseas through the H-1B program. The original employees were making an average of about $110,000 a year, the committee heard; the replacements were brought to Southern California Edison by outsourcing firms that pay an average of between $65,000 and $75,000.

“Simply put, the H-1B program has become a cheap labor program,” Hira, author of the bookOutsourcing America, testified. “To add insult to injury, Southern California Edison forced its American workers to train their H-1B replacements as a condition of receiving their severance packages.”

It was a powerful presentation, especially in light of the fact that many Republicans and Democrats in Congress do not want to address abuses of the H-1B problem but rather want to greatly increase the number of H-1B visa workers allowed into the United States.

But one voice was missing from the hearing, and that was the voice of laid-off workers. That was no accident. In addition to losing their jobs and being forced to train their foreign replacements, many fired workers are required to sign non-disparagement agreements as a condition of their severance. They are workers with families and bills to pay, and they are told that if they do not agree to remain silent, they will be terminated with cause, meaning they will receive no severance pay or other benefits and will face an even tougher search for a new job and a continued career. So they remain silent.

A longtime feature of the Capitol Hill hearing into this or that unfair practice is to hear from the victims of this or that unfair practice. The IT industry has worked to make sure that does not happen in the case of H-1B visa abuse. Still, the Judiciary Committee managed to receive testimonials from four laid-off workers, three from Southern California Edison and one from another company. So to flesh out the H-1B story with the perspective of those who are actually paying the price when H-1B visas are used to displace American workers, here are their anonymous testimonials:

Worker One:

My former company, a large utility company, replaced 220 American IT workers with H-1Bs…we would have to train them in order to receive our severance packages. This was one of the most humiliating situations that I have ever been in as an IT professional.

The whole IT department was going through the same fate as myself. Those were the longest and hardest five months of my life. Not only did I lose a work family, but I lost my job and my self-esteem. We had constant emails sent by HR that we could not talk about this situation to anyone or make posts to social media. If we did, we would be fired immediately and not get our severance.

We had jobs and there was no shortage of skilled labor that would make it necessary to bring in H-1Bs. We were let go and replaced by foreign workers who certainly weren’t skilled to take our positions.

Worker Two:

I am an IT professional and worked for Southern California Edison for over two decades. I was a loyal employee and always received outstanding reviews. A foreign worker with a H-1B visa recently replaced me.

I am the sole provider of my children. Due to a disability, finding employment at the same wage and with a work modification will be very difficult…It is an ominous possibility that in five years or less I may have no assets, suffer from severe pain and will need to go on full disability with a catastrophic decrease in income. The loss of my job may rob me of a secure retirement.

My layoff has made my children fearful of their future and the security of their home. If I stay in the IT field I run a high risk of again being replaced by a foreign worker.

It’s a farce teaching our kids STEM when the government is permitting U.S. companies to abuse the H-1B visa program, which allows foreigners to take these future jobs from them.

I voted for President Obama and was appalled that he implemented a rule change, which allows work permits to H-1B spouses. My future votes will only go to candidates that support reforms to the H-1B visa program that preserve the American worker.

Worker Three:

I started working at Southern California Edison several decades ago. SCE was a company that many people started with at a young age, could work there through their lifetimes, and retire with a good pension and benefits. That was my plan. And I would have been able to do exactly that — until an executive announced a couple years ago that my department was going to be outsourced.

We were forced to train the less qualified foreign workers hired to take our jobs.

Over 400 hardworking, intelligent people have lost their jobs due to the H-1B visa program. Many of us, and countless more like us, face enormous hurdles to find new jobs — why would companies want to hire us when they can hire cheaper workers on the H-1B visa to do our jobs for us?

Worker Four:

As longtime employees we loved the work we were doing and the people we were working with. We did a great job. Our work mattered. The work we performed was instrumental in building a world-class business unit.

Through no fault of my own my job was just given to someone else with a lot less experience, knowledge and skills, lowering my standard of living and raising theirs so Edison could save a few dollars and reward stockholders with a few more pennies on their dividends.

I and most of my co-workers are completely disgusted that Edison can fire us and replace us with foreign workers, abusing the H1-B program. We cannot understand how the CPUC (California Public Utilities Commission), Governor and Congress, President and media can all ignore this abuse and just pretend it doesn’t matter. It’s as if we no longer matter or have value as human beings or American citizens.

It’s certainly true that other workers in other industries have lost jobs because companies wanted to cut costs. Highly-paid middle-aged workers have been replaced by younger employees working for less. That can be an unhappy fact of life in today’s economy. But in the case of H-1Bs, the federal government is expressly giving a special permit to foreign workers — actually, to large outsourcing firms that use H-1Bs to bring those workers to the U.S. — in order to displace American workers. And now many lawmakers in both parties — their task made simpler by the enforced silence of fired and angry workers — want even more H-1Bs. Is that something the government should do?

http://www.washingtonexaminer.com/silenced-workers-who-lost-jobs-to-h-1b-visa-abuse-quietly-speak-out/article/2561856

 

As tech giant calls for more foreign workers, Senate hears of displaced Americans

BY BYRON YORK

Eric Schmidt, CEO of Google, believes passionately that the United States needs more skilled foreign workers. He has long advocated increasing the number of so-called H-1B visas, which allow those workers to come to the U.S. for several years and, in many cases, work for lower wages than current employees. Schmidt is frustrated that Congress hasn’t done as he and other tech moguls want.

“In the long list of stupid policies of the U.S. government, I think our attitude toward immigration has got to be near the top,” Schmidt said during an appearance this week at the American Enterprise Institute in Washington. “Everyone actually agrees that there should be more H-1B visas in order to create more tech, more science, more analytical jobs. Everyone agrees, in both parties.”

The Eric Schmidt pleading for more foreign workers is the same Eric Schmidt who boasts of turning away thousands upon thousands of job seekers who apply for a few prized positions at Google. For example, at an appearance in Cleveland last October to promote his book, How Google Works, Schmidt explained that his company receives at least 1,000 applications for every job opening. “The good news is that we have computers to do the initial vetting,” Schmidt explained, according to an account in the Cleveland Plain Dealer.

Other tech leaders join Schmidt in calling for more foreign workers. Some companies are actually lobbying for more H-1Bs and laying off American staff at the same time. For example, last year Microsoft announced the layoff of 18,000 people at the very moment it was pushing Congress for more guest worker visas.

Given all that, there’s not quite the unanimous agreement on the need for more foreign workers that Schmidt claims. At a hearing this week before the Senate Judiciary Committee, a number of experts testified that the H-1B program, so sought-after by CEOs, is being abused to harm American workers.

Ron Hira, a Howard University professor and author of the book Outsourcing America, told the story of Southern California Edison, which recently got rid of 500 IT employees and replaced them with a smaller force of lower-paid workers brought in from overseas through the H-1B program. The original employees were making an average of about $110,000 a year, Hira testified; the replacements were brought to Southern California Edison by outsourcing firms that pay an average of between $65,000 and $75,000.

“To add insult to injury,” Hira said, “SCE forced its American workers to train their H-1B replacements as a condition of receiving their severance packages.”

Hira testified that such situations are not unusual. And on the larger issue of whether there is, as many tech executives claim, a critical shortage of labor in what are called the STEM fields — science, technology, engineering and math — another professor, Hal Salzman of Rutgers, testified that the shortage simply does not exist.

“The U.S. supply of top-performing graduates is large and far exceeds the hiring needs of the STEM industries, with only one of every two STEM graduates finding a STEM job,” Salzman testified. “The guest worker supply is very large [and] it is highly concentrated in the IT industry, leading to both stagnant wages and job insecurity.”

The hearing also featured Jay Palmer, a former Infosys project manager who blew the whistle on a case in which the big outsourcing firm paid $34 million in fines for worker visa violations. “I watched this on a daily basis,” Palmer told the Judiciary Committee. “I sat in the offices in meetings with companies that displaced American workers only because the Americans who had been there 15 or 20 years were being paid too much money.”

So not everyone agrees with Schmidt on the need for more H-1B workers. Certainly not the laid-off IT employees at Southern California Edison. And not the workers reportedly displaced by similar practices at Disney, Harley Davidson, Cargill, Pfizer and other companies. Who knows? Maybe some of those workers have been among the 1,000-plus who apply for every Google opening.

To hear the witnesses before the Senate Judiciary Committee tell it, Congress needs to act — not to increase the number of H-1Bs but to close the loopholes that allow them to be so badly abused at such a cost to American workers. “Congress and multiple administrations have inadvertently created a highly lucrative business model of bringing in cheaper H-1B workers to substitute for Americans,” Hira told the committee. “Simply put, the H-1B program has become a cheap labor program.”

http://www.washingtonexaminer.com/as-tech-giant-calls-for-more-foreign-workers-senate-hears-of-displaced-americans/article/2561766

 

H-1B visa

From Wikipedia, the free encyclopedia

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.

The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor[1] including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum[2] (with the exception of fashion models, who must be “of distinguished merit and ability”).[3] Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Structure of the program

Duration of stay

The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances

  • If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.
  • If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[4]
  • The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa. Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist.

Congressional yearly numerical cap and exemptions[edit]

The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities, and government research facilities.[5] Universities can employ an unlimited number of foreign workers as cap-exempt. This also means that contractors working at but not directly employed by the institutions may be exempt from the cap as well. Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries. Due to these unlimited exemptions and roll-overs, the number of H-1B visas issued each year is significantly more than the 65,000 cap, with 117,828 having been issued in FY2010, 129,552 in FY2011, and 135,991 in FY2012.[6][7]

The United States Citizenship and Immigration Services starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. For instance, H-1B visa applications that count against the FY 2013 cap could be submitted starting from Monday, 2012 April 2. USCIS accepts H-1B visa applications no more than 6 months in advance of the requested start date.[8] Beneficiaries not subject to the annual cap are those who currently hold cap-subject H-1B status or have heldcap-subject H-1B status at some point in the past six years.

Tax status of H-1B workers

The taxation of income for H-1B employees depends on whether they are categorized as either non-resident aliens or resident aliens for tax purposes. A non-resident alien for tax purposes is only taxed on income from the United States, while a resident alien for tax purposes is taxed on all income, including income from outside the US.

The classification is determined based on the “substantial presence test“: If the substantial presence test indicates that the H-1B visa holder is a resident, then income taxation is like any other U.S. person and may be filed using Form 1040 and the necessary schedules; otherwise, the visa-holder must file as a non-resident alien using tax form 1040NR or 1040NR-EZ; he or she may claim benefit from tax treaties if they exist between the United States and the visa holder’s country of citizenship.

Persons in their first year in the U.S. may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This “First Year Choice” is described in IRS Publication 519 and can only be made once in a person’s lifetime. A spouse, regardless of visa status, must include a valid Individual Taxpayer Identification Number (ITIN) or Social Security number (SSN) on a joint tax return with the H-1B holder.

Tax filing rules for H-1B holders may be complex, depending on the individual situation. Besides consulting a professional tax preparer knowledgeable about the rules for foreigners, the IRS Publication 519, U.S. Tax Guide for Aliens, may be consulted. Apart from state and federal taxes, H-1B visa holders pay Medicare and Social Security taxes, and are eligible for Social Security benefits.

H-1B and legal immigration

Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. In the past the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, in recent times the legal employment-based immigration process has backlogged and retrogressed to the extent that it now takes many years for guest-work visa holders from certain countries to obtain green cards. Since the duration of the H-1B visa hasn’t changed, this has meant that many more H-1B visa holders must renew their visas in one or three-year increments for continued legal status while their green card application is in process.

Dependents of H-1B visa holders

H-1B visa holders can bring immediate family members (spouse and children under 21) to the U.S. under the H4 Visa category as dependents. An H4 Visa holder may remain in the U.S. as long as the H-1B visa holder retains legal status. An H4 visa holder is not eligible to work or get a Social Security number (SSN).[9] However, a DHS ruling made on Feb 24, 2015 provides certain H4 visa holders with eligibility to work, starting May 26, 2015.[10] An H4 Visa holder may attend school, get a driver’s license, and open a bank account in the U.S. To claim a dependent on a tax return or file a joint tax return, the dependent must obtain an Individual Tax Identification Number (ITIN), which is only used for tax filing purposes.

Administrative processing

When an H-1B worker goes outside of U.S. for vacation, he or she has to get the visa stamped on his passport unless he has already done so for re-entry in the United States. The interview is taken in U.S. Embassy by a visa officer. In some cases, H-1B workers can be required to undergo “administrative processing”, involving extra, lengthy background checks. Under current rules, these checks are supposed to take ten days or less, but in some cases, have lasted years.[11]

Evolution of the program

Changes in the cap, number of applications received, and numbers of applications approved vs. visas issued[edit]

During the early 1990s, the cap was rarely reached. By the mid-1990s, however, the allocation tended fill each year on a first come, first served basis, resulting in frequent denials or delays of H-1Bs because the annual cap had been reached. In 1998, the cap increased to 115,000.

American Competitiveness in the Twenty-First Century Act of 2000 (Hatch-Abraham-Gramm; PL106-313 sections102 and 103; 114 Stat 1251; enacted 2000-10-03; signed by Bill Clinton 2000-10-17) granted government functionaries amnesty for over-shooting the H-1B limit by 22,500 in FY1999 and by about 30,000 in FY2000; temporarily increased H-1B “cap”/”limit” to 195K for FY2001 through FY2003; exempted all individuals being hired by institutions of higher education, as well as non-profit and government-research organizations, from the cap, and § 105, 114 Stat. 1253 permitted portability, i.e. employer/sponsor change.

The H-1B Visa Reform Act of 2004 mandated that, “…the first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned masters’ or higher degrees will be exempt from any fiscal year cap…”[12] Additionally, universities, nonprofit research organizations affiliated with universities, and governmental research organizations are exempt from the H-1B cap. For all other new H-1B applicants, the congressionally mandated H-1B visa cap is 65,000 annually.[12][13]

For FY2007, with applications accepted from 2006 April 1, the entire quota of visas for the year was exhausted within a span of 2 months on May 26,[14] well before the beginning of the financial year concerned. The additional 20,000 Advanced Degree H-1B visas were exhausted on July 26.

For FY2008, the entire quota was exhausted before the end of the first day that applications were accepted, April 2.[15] Under USCIS rules, the 123,480 petitions received on April 2 and April 3 that were subject to the cap were pooled, and then 65,000 of these were selected at random for further processing.[16] The additional 20,000 Advanced Degree H-1B visas for FY2008 was exhausted on April 30.

For FY2009, USCIS announced on 2008 April 8, that the entire quota for visas for the year had been reached, for both 20,000 Advanced and the 65,000 quota. USCIS would complete initial data entry for all filing received during 2008 April 1 to April 7, before running the lottery, while 86,300 new visas were approved.[17]

For FY2010, USCIS announced on 2009 December 21, that enough petitions were received to reach that year’s cap.[18]

For FY2011, USCIS announced on 2011 January 27, that enough petitions were received to reach that year’s cap on January 26.

For FY2015, USCIS announced on 2014 April 10 that received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption.[19]

Numbers of applications approved

The applications received are evaluated by USCIS, and some subset are approved each year. It is possible for an individual to file multiple applications, for multiple job opportunities with a single employer/sponsor or with multiple employer/sponsors. It is possible for an individual applicant to have multiple applications approved and to be able to choose which one to take.

In its annual report on H-1B visas, released in 2006 November, USCIS stated that it approved 130,497 H-1B visa applications in FY2004 (while 138,965 new visas were issued through consular offices) and 116,927 in FY2005 (while 124,099 new visas were issued via consular offices).[12][20][21][22][23][23][24][25]

In FY2008, a total of 276,252 visa applications (109,335 initial, 166,917 renewals and extensions) were approved, and 130,183 new initial visas were issued through consular offices.

In FY2009, 214,271 visas were approved, with 86,300 being for initial employment, and 127,971 being for continued employment)[26] and 110,988 initial H-1B visas were issued from consular offices.[27]

In FY2010, 192,990 new visas were approved, with 76,627 being for initial employment and 116,363 being for continuing employment. 117,828 new visas were issued through consular offices[28]

In FY2011, 269,653 new visas were approved, with 106,445 being for initial employment and 163,208 being for continued employment. 129,552 new visas were issued through consular offices.[28]

In FY2012, 262,569 new visas were approved with 136,890 being for initial employment and 125,679 being for continued employment.[28][21][22][23][24][25][28][28][29][30]

American Competitiveness in the Twenty-First Century Act of 2000

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the U.S. Department of Labor’s PERM system for labor certification erased most of the earlier claimed arguments for H-1Bs as indentured servants during the green card process. With PERM, labor certification processing time is now approximately 9 months (as of Mar 2010).[31]

Because of AC21, the H-1B employee is free to change jobs if they have an I-485 application pending for six months and an approved I-140, and if the position they move to is substantially comparable to their current position. In some cases, if those labor certifications are withdrawn and replaced with PERM applications, processing times improve, but the person also loses their favorable priority date. In those cases, employers’ incentive to attempt to lock in H-1B employees to a job by offering a green card is reduced, because the employer bears the high legal costs and fees associated with labor certification and I-140 processing, but the H-1B employee is still free to change jobs.

However, many people are ineligible to file I-485 at the current time due to the widespread retrogression in priority dates. Thus, they may well still be stuck with their sponsoring employer for many years. There are also many old labor certification cases pending under pre-PERM rules.

Consolidated Natural Resources Act of 2008

The Consolidated Natural Resources Act of 2008, which, among other issues, federalizes immigration in the Commonwealth of the Northern Mariana Islands, stipulates that during a transition period, numerical limitations do not apply to otherwise qualified workers in the H visa category in the CNMI and Guam.[32]

American Recovery and Reinvestment Act of 2009

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (“stimulus bill”), Public Law 111-5.[33] Section 1661 of the ARRA incorporates the Employ American Workers Act (EAWA) by Senators Sanders (I-Vt.) and Grassley (R-Iowa) to limit certain banks and other financial institutions from hiring H-1B workers unless they had offered positions to equally or better-qualified U.S. workers, and to prevent banks from hiring H-1B workers in occupations they had laid off U.S. workers from. These restrictions include:

  1. The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies who is equally or better qualified for the position.
  2. The employer must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.[34]

Changes in USCIS policy

After completing a policy review, the USCIS clarified that individuals who spent more than one year outside of U.S. and did not exhaust their entire six-year term can choose to be re-admitted for the “remainder” of initial six-year period without being subject to the H-1B cap.[35]

After completing a policy review, the USCIS clarified that, “Any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.”[35]

USCIS recently issued a memorandum dated 8 Jan 2010. The memorandum effectively states that there must be a clear “employee employer relationship” between the petitioner (employer) and the beneficiary (prospective visa holder). It simply outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer’s assertion that a valid relationship exists.

The memorandum gives three clear examples of what is considered a valid “employee employer relationship”:

  • a fashion model
  • a computer software engineer working off-site/on-site
  • a company or a contractor which is working on a co-production product in collaboration with DOD

In the case of the software engineer, the petitioner (employer) must agree to do (some of) the following among others:

  • Supervise the beneficiary on and off-site
  • Maintain such supervision through calls, reports, or visits
  • Have a “right” to control the work on a day-to-day basis if such control is required
  • Provide tools for the job
  • Hire, pay, and have the ability to fire the beneficiary
  • Evaluate work products and perform progress/performance reviews
  • Claim them for tax purposes
  • Provide (some type of) employee benefits
  • Use “proprietary information” to perform work
  • Produce an end product related to the business
  • Have an “ability to” control the manner and means in which the worker accomplishes tasks

It further states that “common law is flexible” in how to weigh these factors. Though this memorandum cites legal cases and provides examples, such a memorandum in itself is not law and future memoranda could change this.

Protections for U.S. workers

Labor Condition Application

Further information: Labor Condition Application

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the labor certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the “prevailing wage” in the area of employment. (“Immigration law has a number of highly technical terms that may not mean the same thing to the average reader.”[36] last updated 2011 March 31, visited 2012 November 5) The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace U.S. citizen workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer’s office.[37][38] Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.

History of the Labor Condition Application form

The LCA must be filed electronically using Form ETA 9035E.[39] Over the years, the complexity of the form increased from one page in 1997[40] to three pages in 2008,[41] to five pages as of August 2012.[42]

Employer attestations

By signing the LCA, the employer attests that:[43]

  • The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
  • The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
  • On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify ETA within three days, and the application is not used to support petition filings with INS for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
  • A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
    • Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
    • There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.

The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a U.S. worker.

Limits on employment

According to the USCIS, “H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.”[44]

H-1B fees earmarked for U.S. worker education and training

In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train U.S. workers.[citation needed] According to the Seattle Times $1 billion from H1-B fees have been distributed by the Labor Department to further train the U.S. workforce since 2001.[45]

Criticisms of the program

The H-1B program has caused a number of criticisms.

No labor shortages

Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating that the H-1B program acts as a subsidy for corporations.[46] Others holding this view include Dr. Norman Matloff, who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject.[47] Matloff’s paper for the University of Michigan Journal of Law Reform claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.[48] The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness.[49] The GAO report’s recommendations were subsequently implemented.

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by the Wall Street Journal, BusinessWeek and Washington Post. Employers applied pressure on Congress.[50] Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill, “warning of dangers to the U.S. economy if employers can’t import skilled workers to fill job gaps”.[50] Congress considered a bill to address the claims of shortfall[51] but in the end did not revise the program.[52]

According to a study conducted by John Miano and the Center for Immigration Studies, there is no empirical data to support a claim of employee worker shortage.[53] Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry.[54] Organizations have also posted hundreds of first hand accounts of H-1B Visa Harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.[55]

Studies carried out from the 1990s through 2011 by researchers from Columbia U, Computing Research Association (CRA), Duke U, Georgetown U, Harvard U, National Research Council of the NAS, RAND Corporation, Rochester Institute of Technology, Rutgers U, Alfred P. Sloan Foundation, Stanford U, SUNY Buffalo, UC Davis, UPenn Wharton School, Urban Institute, and U.S. Dept. of Education Office of Education Research & Improvement have reported that the U.S. has been producing sufficient numbers of able and willing STEM (Science, Technology, Engineering and Mathematics) workers, while several studies from Hal Salzman, B. Lindsay Lowell, Daniel Kuehn, Michael Teitelbaum and others have concluded that the U.S. has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields. A 2012 IEEE announcement of a conference on STEM education funding and job markets stated “only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do”.[56]

Wage depression

Wage depression is a chronic complaint critics have about the H-1B program: some studies have found that H-1B workers are paid significantly less than U.S. workers.[57][58] It is claimed[59][60][61][62][63][63] that the H-1B program is primarily used as a source of cheap labor. A paper by George J. Borjas for the National Bureau of Economic Research found that “a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent.”[64]

The Labor Condition Application (LCA) included in the H-1B petition is supposed to ensure that H-1B workers are paid the prevailing wage in the labor market, or the employer’s actual average wage (whichever is higher), but evidence exists that some employers do not abide by these provisions and avoid paying the actual prevailing wage despite stiff penalties for abusers.[65]

Theoretically, the LCA process appears to offer protection to both U.S. and H-1B workers. However, according to the U.S. General Accounting Office, enforcement limitations and procedural problems render these protections ineffective.[66] Ultimately, the employer, not the Department of Labor, determines what sources determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations.

The law specifically restricts the Department of Labor’s approval process of LCAs to checking for “completeness and obvious inaccuracies”.[67] In FY 2005, only about 800 LCAs were rejected out of over 300,000 submitted. Hire Americans First has posted several hundred first hand accounts of individuals negatively impacted by the program, many of whom are willing to speak with the media.[55]

DOL has split the prevailing wage into four levels, with Level One representing about the 17th percentile of wage average Americans earn. About 80 percent of LCAs are filed at this 17th percentile level[citation needed]. This four-level prevailing wage can be obtained from the DOL website,[68] and is generally far lower than average wages[citation needed].

The “prevailing wage” stipulation is allegedly vague and thus easy to manipulate[citation needed], resulting in employers underpaying visa workers. According to Ron Hira, assistant professor of public policy at the Rochester Institute of Technology, the median wage in 2005 for new H-1B information technology (IT) was just $50,000, which is even lower than starting wages for IT graduates with a B.S. degree. The U.S. government OES office’s data indicates that 90 percent of H-1B IT wages were below the median U.S. wage for the same occupation.[69]

In 2002, the U.S. government began an investigation into Sun Microsystems’ hiring practices after an ex-employee, Guy Santiglia, filed complaints with the U.S. Department of Justice and U.S. Department of Labor alleging that the Santa Clara firm discriminates against American citizens in favor of foreign workers on H-1B visas. Santiglia accused the company of bias against U.S. citizens when it laid off 3,900 workers in late 2001 and at the same time applied for thousands of visas. In 2002, about 5 percent of Sun’s 39,000 employees had temporary work visas, he said.[70] In 2005, it was decided that Sun violated only minor requirements and that neither of these violations was substantial or willful. Thus, the judge only ordered Sun to change its posting practices.[71]

Risks for employees

Historically, H-1B holders have sometimes been described as indentured servants,[72] and while the comparison is no longer as compelling, it had more validity prior to the passage of American Competitiveness in the Twenty-First Century Act of 2000. Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the green card (permanent residency), H-1B visa holders are an important exception, in that the H-1B is legally acknowledged as a possible step towards a green card under what is called the doctrine of dual intent.

H-1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor.[citation needed] In the past, the sponsorship process has taken several years, and for much of that time the H-1B visa holder was unable to change jobs without losing their place in line for the green card. This created an element of enforced loyalty to an employer by an H-1B visa holder. Critics[who?] alleged that employers benefit from this enforced loyalty because it reduced the risk that the H-1B employee might leave the job and go work for a competitor, and that it put citizen workers at a disadvantage in the job market, since the employer has less assurance that the citizen will stay at the job for an extended period of time, especially if the work conditions are tough, wages are lower or the work is difficult or complex. It has been argued that this makes the H-1B program extremely attractive to employers, and that labor legislation in this regard has been influenced by corporations seeking and benefiting from such advantages.[citation needed]

Some recent news reports suggest that the recession that started in 2008 will exacerbate the H-1B visa situation, both for supporters of the program and for those who oppose it.[73] The process to obtain the green card has become so long that during these recession years it has not been unusual that sponsoring companies fail and disappear, thus forcing the H-1B employee to find another sponsor, and lose their place in line for the green card. An H-1B employee could be just one month from obtaining their green card, but if the employee is laid off, he or she may have to leave the country, or go to the end of the line and start over the process to get the green card, and wait as much as 10 more years, depending on the nationality and visa category.[74]

The American Competitiveness in the Twenty-First Century Act of 2000 provides some relief for people waiting for a long time for a green card, by allowing H-1B extensions past the normal 6 years, as well as by making it easier to change the sponsoring employer.

The Out-Sourcing/Off-Shoring Visa

Further information: IT Body Shops

In his floor statement on H-1B Visa Reform, Senator Dick Durbin stated “The H-1B job visa lasts for 3 years and can be renewed for 3 years. What happens to those workers after that? Well, they could stay. It is possible. But these new companies have a much better idea for making money. They send the engineers to America to fill spots–and get money to do it—and then after the 3 to 6 years, they bring them back to work for the companies that are competing with American companies. They call it their outsourcing visa. They are sending their talented engineers to learn how Americans do business and then bring them back and compete with those American companies.”[75] Critics of H-1B use for outsourcing have also noted that more H-1B visas are granted to companies headquartered in India than companies headquartered in the United States.[76]

Of all Computer Systems Analysts and programmers on H-1B visas in the U.S., 74 percent were from Asia. This large scale migration of Asian IT professionals to the United States has been cited as a central cause for the quick emergence of the offshore outsourcing industry.[77]

In FY 2009, due to the worldwide recession, applications for H-1B visas by off-shore out-sourcing firms were significantly lower than in previous years,[78] yet 110,367 H-1B visas were issued, and 117,409 were issued in FY2010.

Social Security and Medicare taxes

H-1B employees have to pay Social Security and Medicare taxes as part of their payroll. Like U.S. citizens, they are eligible to receive Social Security benefits even if they leave the United States, provided they have paid Social Security payroll taxes for at least 10 years. Further, the U.S. has bilateral agreements with several countries to ensure that the time paid into the U.S. Social Security system, even if it is less than 10 years, is taken into account in the foreign country’s comparable system and vice versa.[79]

Departure Requirement on Job Loss

If an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker’s transportation outside the United States.

If an H-1B worker is laid off for any reason, the H-1B program technically does not specify a time allowance or grace period to round up one’s affairs irrespective of how long the H-1B worker might have lived in the United States. To round up one’s affairs, filing an application to change to another non-immigrant status may therefore become a necessity.

If an H-1B worker is laid off and attempts to find a new H-1B employer to file a petition for him, the individual is considered out of status if there is even a one-day gap between the last day of employment and the date that the new H-1B petition is filed. While some attorneys claim that there is a grace period of 30 days, 60 days, or sometimes 10 days, that is not true according to the law. In practice, USCIS has accepted H-1B transfer applications even with a gap in employment up to 60 days, but that is by no means guaranteed.

Some of the confusion regarding the alleged grace period arose because there is a 10-day grace period for an H-1B worker to depart the United States at the end of his authorized period of stay (does not apply for laid-off workers). This grace period only applies if the worker works until the H-1B expiration date listed on his I-797 approval notice, or I-94 card. 8 CFR 214.2(h)(13)(i)(A).

American workers are ordered to train their foreign replacements[edit]

Although the alleged reason for the H-1B program is to fill jobs that Americans don’t want to work at, there have been cases where employers used the program to replace their American employees with H-1B employees, and in some of those cases, the American employees were even ordered to train their replacements.[80][81]

Fraud prevention

The United States Citizenship and Immigration Services “H-1B Benefit Fraud & Compliance Assessment” of September 2008 concluded 21% of H-1B visas granted originate from fraudulent applications or applications with technical violations.[82] Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21% rate. Subsequently, USCIS has made procedural changes to reduce the number of fraud and technical violations on H-1B applications.

In 2009, federal authorities busted a nationwide H-1B Visa Scam.[83]

Similar programs

In addition to H-1B visas, there are a variety of other visa categories that allow foreign workers to come into the U.S. to work for some period of time.

L-1 visas are issued to foreign employees of a corporation. Under recent rules, the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa. An L-1B visa is appropriate for non-immigrant workers who are being temporarily transferred to the United States based on their specialized knowledge of the company’s techniques and methodologies. An L-1A visa is for managers or executives who either manage people or an essential function of the company. There is no requirement to pay prevailing wages for the L-1 visa holders. For Canadian residents, a special L visa category is available.

TN-1 visas are part of the North American Free Trade Agreement (NAFTA), and are issued to Canadian and Mexican citizens.[84] TN visas are only available to workers who fall into one of a pre-set list of occupations determined by the NAFTA treaty. There are specific eligibility requirements for the TN Visa.

E-3 visas are issued to citizens of Australia under the Australia free-trade treaty.

H-1B1 visas are a sub-set of H-1B issued to residents of Chile and Singapore under the United States-Chile Free Trade Agreement of 2003; PL108-77 § 402(a)(2)(B), 117 Stat. 909, 940; S1416, HR2738; passed in House 2003-07-24 and the United States-Singapore Free Trade Agreement of 2003; PL108-78 § 402(2), 117 Stat. 948, 970-971; S1417, HR2739; passed in House 2003-07-24, passed in senate 2003-07-31, signed by executive (GWBush) 2003-05-06. According to USCIS, unused H-1B1 visas are added into the next year’s H-1B base quota of 58,200.

One recent trend in work visas is that various countries attempt to get special preference for their nationals as part of treaty negotiations. Another trend is for changes in immigration law to be embedded in large Authorization or Omnibus bills to avoid the controversy that might accompany a separate vote.

H-2B visa: The H-2B non-immigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status.

H-1B demographics

H-1B Applications Approved

H-1B Applications Approved by USCIS[12][20][21][22][23][24][25][28][30]
Year Initial Renewals+Extensions Total
1999 134,411 na na
2000 136,787 120,853 257,640
2001 201,079 130,127 331,206
2002 103,584 93,953 197,537
2003 105,314 112,026 217,340
2004 130,497 156,921 287,418
2005 116,927 150,204 267,131
2006 109,614 161,367 270,981
2007 120,031 161,413 281,444
2008 109,335 166,917 276,252
2009 86,300 127,971 214,271
2010 76,627 116,363 192,990
2011 106,445 163,208 269,653
2012 136,890 125,679 262,569
H-1B Applications Approved by USCIS for those with less than the equivalent of a U.S. bachelor’s degree[12][20][21][22][23][24][25][28][30]
Year No HS Diploma Only HS Diploma Less Than 1 year of College 1+ years of College Equivalent of Associate’s Total Less Than Equivalent of U.S. Bachelor’s
2000 554 288 158 1,290 696 2,986
2001 247 895 284 1,376 1,181 3,983
2002 169 806 189 849 642 2,655
2003 148 822 122 623 534 2,249
2004 123 690 137 421 432 1,803
2005 107 440 77 358 363 1,345
2006 96 392 54 195 177 914
2007 72 374 42 210 215 913
2008 80 174 19 175 195 643
2009 108 190 33 236 262 829
2010 140 201 24 213 161 739
2011 373 500 44 255 170 1,342
2012 108 220 35 259 174 796

H-1B visas issued per year

new/initial H-1B visas issued by State Department through consular offices[6][7][85][86][87][88][89][90][91][92][93][94][95][95][96][96][97]
Year H-1B H-1B1 Total
1990 794 na 794
1991 51,882 na 51,882
1992 44,290 na 44,290
1993 35,818 na 35,818
1994 42,843 na 42,843
1995 51,832 na 51,832
1996 58,327 na 58,327
1997 80,547 na 80,547
1998 91,360 na 91,360
1999 116,513 na 116,513
2000 133,290 na 133,290
2001 161,643 na 161,643
2002 118,352 na 118,352
2003 107,196 na 107,196
2004 138,965 72 139,037
2005 124,099 275 124,374
2006 135,421 440 135,861
2007 154,053 639 154,692
2008 129,464 719 130,183
2009 110,367 621 110,988
2010 117,409 419 117,828
2011 129,134 418 129,552
2012 135,530 461 135,991
2013 153,223 571 153,794

Top H-1B rankings

Companies receiving H-1Bs[98][99][100]
2013 Rank Company Headquarters Primary Employment Base Received 2006[101] Approved 2007 new [102] Approved 2008 new [103] Approved 2009 new [104] Approved 2010 new [105] Approved 2011 new [106] Approved 2012 new [107] Approved 2013 new [108]
1 Infosys Bangalore,Karnataka, India India 4,908 4,559 4,559 440 3,792 3,962 5,600 6,298
2 Tata Consultancy Services Mumbai,Maharashtra,India India 3,046 797 1,539 1,740 7,469 6,258
3 Cognizant Teaneck, New Jersey U.S. 2,226 962 467 233 3,388 4,222 9,281 5,186
4 Accenture Inc Dublin, Ireland U.S. 637 331 731 287 506 1,347 4,037 3,346
5 Wipro Bangalore,Karnataka, India India 4,002 2,567 2,678 1,964 1,521 2,736 4,304 2,644
6 HCL Technologies Ltd Noida, Uttar Pradesh, India India 910 102 1,033 2,070 1,766
7 IBM Armonk, New York U.S. 1,324 199 381 865 882 853 1,846 1,624
8 Mahindra Satyam Hyderabad,Andhra Pradesh,India India 2,880 1,396 1,917 219 224 1,963 1,589
9 Larsen & Toubro Infotech Mumbai,Maharashtra,India India 947 292 403 602 333 1,204 1,832 1,580
10 Deloitte New York City,New York U.S. 1,555 525 413 563 196 1,668 1,491
11 IGATE (merged withPatni) Bridgewater, NJ& Bengaluru,India India 1,391 477 296 609 164 1,260 1,157
12 Microsoft Redmond, Washington U.S. 3,117 959 1,037 1,318 1,618 947 1,497 1,048
13 Syntel Troy, Michigan 416 130 129 1,161 1,041
14 Qualcomm San Diego,California U.S. 533 158 255 320 909
15 Amazon Seattle, Washington U.S. 262 81 182 881
16 Intel Corporation Santa Clara,California U.S. 828 369 351 723 772
17 Google Mountain View,California U.S. 328 248 207 211 172 383 753
18 Mphasis Bangalore,Karnataka, India India 751 248 251 229 197 556
19 Capgemini Paris, France 309 99 500
20 Oracle Corporation Redwood Shores,California U.S. 1,022 113 168 272 475
21 UST Global Aliso Viejo,California U.S. 339 416 344 475
22 PricewaterhouseCoopers London, United Kingdom 591 192 449
23 Cisco Systems San Jose,California U.S. 828 324 422 308 379
24 Ernst & Young LLP London, United Kingdom UK 774 302 321 481 373
Top 10 universities and schools receiving H-1Bs[98][99][101]
School H-1Bs Received 2006
New York City Public Schools 642
University of Michigan 437
University of Illinois at Chicago 434
University of Pennsylvania 432
Johns Hopkins University School of Medicine 432
University of Maryland 404
Columbia University 355
Yale University 316
Harvard University 308
Stanford University 279
Washington University in St. Louis 278
University of Pittsburgh 275

See also

http://en.wikipedia.org/wiki/H-1B_visa

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Conservative Political Action Committee (CPAC) 2015 — Videos

Posted on March 12, 2015. Filed under: American History, Blogroll, Communications, Culture, Faith, Family, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, Illegal, Immigration, Inflation, Investments, Language, Law, Legal, liberty, Life, Literacy, media, Money, Obamacare, People, Philosophy, Photos, Politics, Press, Private Sector, Public Sector, Radio, Rants, Raves, Strategy, Talk Radio, Taxes, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , |

Rand Paul CPAC 2015 Full Speech

Ted Cruz CPAC 2015 Ted Cruz BLASTS Hillary, Takes Questions from Hannity at CPAC 2015

CPAC 2015 Scott Walker Full Speech

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Governor Bobby Jindal, (LA) CPAC 2015

Carly Fiorina CPAC 2015 Full Speech Bashes Hillary in CPAC Speech

Ambassador John Bolton, American Enterprise Institute CPAC 2015

Donald Trump, The Trump Organization CPAC 2015

Wayne LaPierre, National Rifle Association CPAC 2015

Mark Levin CPAC 2015

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Conservatives Challenge Democrat Neutered No Balls House Speaker John Boehner and Senate Majority Leader Mitch McConnell — Republican Party Leadership Betrayed American Voters and Committed Political Suicide Over Funding Legal Status For Illegal Aliens — Deport The 30-50 Million Illegal Aliens In United States — It Is The Law — Videos

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DHS Head Thanks Congress for Funding

Congress Approves Homeland Security Funding Without Immigration Fight

Speaker Boehner’s Embarrassing, Humiliating DHS Funding Failure

Phyllis Schlafly: We’re tired of GOP’s Losers

Dana Bash to GOP Rep: ‘Impossible’ for Speaker Boehner to Govern Because of You

Boehner Facing Possible Coup over DHS Funding Fight

Battle Over Dept. of Homeland Security Funding – Leslie Marshall on The Real Story 2/25/15

Treason? Congressional Republicans Turn Backs on the GOP

A message to the Republican Party leadership

Mark Levin: Federal Government Shutdown ‘Horror Story Possibilities’ Nothing But ‘A Lie’

Mark Levin CPAC 2015 Full Speech

Boehner Survives, Conservatives Cope: Ongoing Saga of the 114th (Updated)

It was an unconditional, unmitigated cave. In the battle to defund President Barack Obama’s immigration action, Democrats won. Republicans lost. So why does Speaker John A. Boehner’s job look as secure now as it did a month ago? And why aren’t conservatives more outraged?

“To be honest with you,” Rep. Paul Gosar told CQ Roll Call, “not all of it is his fault.”

It's not all Boehner's fault, says Gosar, echoing a lot of House Republicans. (Tom Williams/CQ Roll Call)

 

The conservative Arizona Republican, who didn’t back Boehner for speaker in January’s election, said much of the frustration in GOP circles outside of Washington came because Republicans promised a fight on the Department of Homeland Security once the GOP controlled the Senate.

“Well where’s [Senate Majority Leader]Mitch McConnell? Where are our senator friends?” Gosar asked. “I mean, they took a bail on this one as well.”

Asked about Boehner’s overall performance, Gosar paused, then admitted he has questions. But he noted his staff is scheduled to meet with Boehner’s team to discuss a statutory tactic for blocking the executive action on immigration. “I want to send him a lifeline,” Gosar said. “If it works, who knows? We’ll see what happens.”

Conservatives aren’t exactly pleased with how leadership has handled the first two months of the 114th Congress. The sudden capitulation on the DHS fight — after months of tough talk — angered many on the right. David Schweikert, R-Ariz., said he was “horribly disappointed, almost heartbroken” that Republicans gave in. Still, even the most conservative elements of the Republican Conference are surprisingly understanding of Boehner’s difficult job.

And with the DHS funding fight out of the way, Republicans — some of whom are suddenly attuned to the concept of “governing” — see an opportunity to get stuff done: a budget, Trade Promotion Authority, even changes to Obamacare.

Republicans just need everyone to forget January and February. Please.

Asked about the leadership team’s performance thus far, Rep. Randy Weber’s first reaction was laughter.

“On the record?” he inquired. The Texas Republican said he knew there had been “some unhappiness” with a lack of regular order. But, Weber said he understood Boehner’s position.

“He’s caught, you know, in a continuum of 247 Republican members — from the most conservative to the least conservative. So that’s a hard place to be,” he said.

Asked for his perspective on leadership’s performance at this point, Virginia’s Dave Brat was slightly more candid about his disappointment. “Well,” he said, after dramatically slumping his head and taking a short pause, “that’s up to you reporters to find out and answer one question.”

That question, according to the man who deposed former Majority Leader Eric Cantor in a primary, was whether Republicans truly fought “tooth and nail” (as Boehner had promised) to block Obama’s executive action.

“I didn’t see any fight,” Brat said. “You report on it. Go see if you found the fight. See if you can find it.”

Brat said the only fight he saw was one in which an outside GOP group with Boehner ties — Barry Jackson, the speaker’s former chief of staff, is a senior board member for American Action Network — was running $400,000 worth of ads against conservatives such as House Freedom Caucus Chairman Jim Jordan of Ohio and Tea Party Caucus Chairman Tim Huelskamp of Kansas.

That bit of news seemed to fire up conservatives almost as much as the DHS bill.

“Again the hypocrisy,” Raúl R. Labrador told CQ Roll Call. “They complain about outside groups, but then they’re using outside groups to attack conservatives.”

The Idaho Republican claimed it was “a dangerous precedent” for moderate Republicans, “and I’m not sure they want to go down this road.”

Arizona Rep. Matt Salmon offered a similar warning: “There’s an old adage: When you play with fire, you get burned.”

Boehner spokesman Michael Steel distanced the speaker from the ads, noting the law forbids members from coordinating with outside groups. “But the speaker does not think these ads are helpful,” he said.

Tensions inside the conference were inevitable, given the bumpy first two months that saw leadership forced to pull bills dealing with abortion, border security and education from floor consideration.

Then came the DHS debacle. Still, Boehner, Majority Leader Kevin McCarthy and Majority Whip Steve Scalise succeeded in averting a DHS shutdown.

Rep. Trey Gowdy defended Team Boehner.

“There’s a reason very few people raise their hands and ask to be in leadership,” said the South Carolina Republican, who heads the Special Committee on Benghazi. “It’s much easier where I sit to just second guess what other people do. So I have a tendency to blame the inmates more than the warden.”

Texas Republican Randy Neugebauer, who isn’t part of the most conservative wing of the GOP but has voted against leadership this Congress, said given it’s a diverse group, he’d give Boehner “pretty good marks.”

Even those in the conference who are clearly disappointed thus far are looking ahead.

Jordan told CQ Roll Call the HFC’s next focus would be on “doing a good budget.” Does that mean conservatives will forget the immigration action?

“No, we’re going to keep talking about it,” Jordan said. “We hope the court does the right thing. But [we’re] just disappointed in the U.S. Senate that they couldn’t — Democrats in the Senate — couldn’t go to conference.”

When CQ Roll Call pointed out it was Senate and House Republicans who ultimately gave in, Jordan refused to attack his own party. “Just remember,” he said, Senate Minority Leader “Harry Reid wouldn’t let the bill come up.”

But if blaming Reid isn’t enough for some on the right — if Republican leadership did cave — why aren’t conservatives more upset?

For one, the GOP surrender on DHS unfolded exactly the way most predicted. Even conservatives privately conceded the outcome. The only question for GOP leaders was whether a DHS shutdown would be the only thing to placate hard-liners. Boehner was unwilling to go that far, which may vex conservatives — but there’s little those Republicans, still seething from last year’s “cromnibus” fight that set up the DHS clash, can do.

Two months into a new Congress, Boehner isn’t going anywhere. And talk of efforts to steal his gavel is overblown.

Of course, there is chatter of a coup, members and aides told CQ Roll Call on background. But it’s not coming from — strictly speaking — GOP conservatives. It’s coming from members who believe the party would benefit from a shakeup. The only problem for those members is they’re counting on “troublemakers” such as members of the HFC to be the spark that ignites the proverbial powder keg — and, contrary to the belief of many Republicans, HFC members aren’t seriously discussing an effort to take down the speaker. (See related story from CQ Weekly at roll.cl/TheRightRecalibrates.)

One HFC member told CQ Roll Call that holding a vote to vacate the chair would probably work in Boehner’s favor. Instead of undermining him, it would likely affirm that Boehner, and only Boehner — the man who has held the No. 1 spot in the conference since 2007 — can muster 218 votes for speaker.

Democrats would get to participate in such a vote, and conservatives know that, absent a deal with Democrats, Boehner isn’t going anywhere. If there were somehow a deal with Democrats, whoever could theoretically topple Boehner with the help of Democrats would be even less to the right wing’s liking.

Under the current dynamic in the House, there’s hardly any positive outcome for conservatives trying to embarrass Boehner. They are more likely to incur the wrath of a speaker many moderates believe has been too forgiving of dissension — embarrassing themselves instead.

Related:

CQ Weekly: The Right Recalibrates

The Real Reason Some Members Voted Against Boehner

Boehner Weighs Punishments for Speaker Election Dissidents

Louie Gohmert: Does Leadership Staff Call the Shots?

GOP Leaders Boot Webster, Nugent Off Rules Committee (Updated)

Boehner and House GOP Regroup After Tumultuous Speaker Election

Weber, Backing Gohmert Over Boehner, Says ‘Retaliation’ Has Begun (Updated)

GOP Insurgents Scramble for Anti-Boehner Votes

The 114th: CQ Roll Call’s Guide to the New Congress

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Constitutional Crisis: Dictator Obama Expands His Authorities Under Executive Action and Betrays Oath of Office By Making Law And Failing To Enforce Immigration Law, Obama Exceeds His Authorities — Impeach and Convict The Out of Control Dictator and Deport The 30-50 Million Illegal Aliens In The United States — Enforce Immigration Law Not Violate It — Constitutional Political Remedy Is Cut Funding Or Impeachment — Honk Twice For Impeachment! — Videos

Posted on March 3, 2015. Filed under: American History, Blogroll, Books, Business, College, Communications, Constitution, Corruption, Crime, Demographics, Economics, Education, Employment, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, government, government spending, history, Illegal, Immigration, Islam, Law, Legal, liberty, Life, Links, Literacy, media, Money, Narcissism, National Security Agency (NSA_, Non-Fiction, People, Philosophy, Photos, Politics, Private Sector, Psychology, Public Sector, Radio, Radio, Rants, Raves, Regulations, Resources, Strategy, Talk Radio, Tax Policy, Unemployment, Unions, Video, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 424: March 2, 2015

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Pronk Pops Show 421: February 20, 2015

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Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

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Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

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Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

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Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

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Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

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Story 1: Constitutional Crisis: Dictator Obama Expands His Authorities Under Executive Action and Betrays Oath of Office By Making Law And Failing To Enforce Immigration Law, Obama Exceeds His Authorities — Impeach and Convict The Out of Control Dictator and Deport The 30-50 Million Illegal Aliens In The United States — Enforce Immigration Law Not Violate It — Constitutional Political Remedy Is Cut Funding Or Impeachment — Honk Twice For Impeachment! — Videos

“What we’ve done is we’ve expanded my authorities under executive action and prosecutorial discretion as far as we can legally under the existing statute, the existing law.  And so now the question is, how can we get a law passed.”

~President Barack Obama

“When the government fears the people, there is liberty.

When the people fear the government, there is tyranny.”

~President Thomas Jefferson

The Constitution of the United States

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.


Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. …

Section. 3.

… The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. ”’

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. …

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows …

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article. IV.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. …

 

http://www.archives.gov/exhibits/charters/constitution_transcript.html

executive action obama impeachment Obama-Cartoon-B only-obama-canhug obama obama-immigrationonly-obama-canrepublican_cartoon_mainobama-impeachment-cartoon-

Congress Punts: Keeps Homeland Security Funded For 7 Days

Obama Accuses GOP of Holding DHS Hostage Over Immigration

Obama To Congress: Pass Immigration Reform Law | msnbc

Immigration Reform Will Move Forward Despite Courts | msnbc

Gowdy Warns Democrats on Obama’s Immigration Orders

In his opening statement at a House Judiciary Committee hearing Wednesday on President Barack Obama’s immigration executive orders, Rep. Trey Gowdy again hammered the administration for ignoring the rule of law while warning Democrats of the long-term consequences of Obama’s actions.

Rep. Gowdy’s Questioning at Hearing on Immigration Executive Actions

Rep. Gowdy’s questioning at House Judiciary Committee at House Judiciary Committee Hearing “The Unconstitutionality of Obama’s Executive Actions on Immigration.”

Gohmert: The Unconstitutionality of Obama’s Executive Actions on Immigration

Rep. Louie Gohmert (TX-01) attended a House Judiciary Hearing and talked to witnesses about the unconstitutionality of President Obama’s royal decree – to give amnesty to millions in the U.S. illegally.

Republican Explodes on House Floor Over DHS Funding

Ted Cruz: Only a Republican President Can Fix Immigration Problem

Graham Discusses DHS Funding, Opposes Shutdown of Vital National Security Agency

Obama Lies 22 Times Before Bypassing Congress on Amnesty for Illegal Aliens

Obama Lies Compilation – WAKE UP YOU SHEEPLE!

Will Republicans Impeach Barack Obama?

Overpasses for Obama’s Impeachment

Andrew McCarthy Obama Committed Serial Fraud Impeachment Is a Remedy

McCarthy: Obama ‘Has Stepped Over’ Standard for Impeachment ‘Many Times’

Newsmax: Andrew McCarthy: Obama ‘Not Enforcing the Law’ on Immigration

The Obama administration’s claims of enforcing strict deportation standards were undercut Monday with the release of a report showing that 68,000 illegal immigrants with criminal backgrounds were set free last year

Andrew C. McCarthy: Faithless Execution: Building a Political Case for Obama’s Impeachment

Andy McCarthy Talks Obama Impeachment – TheBlaze

OBAMA IMPEACHMENT over U.S. Immigration Reform Coming Soon?

John Boehner Blows Kisses to the Press, Won’t Budge on DHS

Gohmert Talks to The Blaze About DHS Senate Cave

Rep. Louie Gohmert (TX-01) spoke to Dana Loesch about Senate Majority Leader Mitch McConnell looking to avert a shutdown by offering Democrats a clean funding bill for DHS – that does not defund President Obama’s amnesty.

Reid, Pelosi Point Finger at GOP on DHS Funding

President Obama Stops Into Miami For Immigration Town Hall At FIU

Trey Gowdy Reacts To President Obama’s Illegal Immigration Executive Order

President Obama To Hold Immigration Town Hall At FIU

Full Video: Obama’s Immigration Town Hall | msnbc

Reid Opposes DHS CR, Criticizes Republican Majority for Inaction

President Obama To Hold Immigration Town Hall At FIU

“So in the short term, if Mr. McConnell, the leader of the Senate, and the Speaker of the House, John Boehner, want to have a vote on whether what I’m doing is legal or not, they can have that vote. I will veto that vote, because I’m absolutely confident that what we’re doing is the right thing to do.”

“What we’ve done is we’ve expanded my authorities under executive action and prosecutorial discretion as far as we can legally under the existing statute, the existing law.  And so now the question is, how can we get a law passed.”

Obama Dares GOP: Go Ahead, ‘Have a Vote on Whether What I’m Doing Is Legal…I Will Veto’

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Breaking: Obama’s Department of Justice (DOJ) Seeks Emergency Court Stay Order To Restart Immoral, Illegal and Unconstitutional Program To Give 4-5 Illegal Aliens Work Permits — Time To Impeach The Tyrant — Videos

Posted on February 22, 2015. Filed under: American History, Articles, Blogroll, Business, Central Intelligence Agency (CIA), College, Communications, Constitution, Corruption, Crisis, Demographics, Documentary, Economics, Education, Employment, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Freedom, Friends, government, government spending, history, Illegal, Immigration, Investments, Law, Legal, liberty, Life, Links, Literacy, media, National Security Agency (NSA_, People, Philosophy, Photos, Politics, Private Sector, Public Sector, Radio, Rants, Raves, Regulations, Resources, Security, Talk Radio, Tax Policy, Terrorism, Unemployment, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 421: February 20, 2015

Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

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Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

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Pronk Pops Show 388: December 15, 2014

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Pronk Pops Show 386: December 11, 2014

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Pronk Pops Show 380: December 1, 2014

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Story 1: Breaking:  Obama’s Department of Justice (DOJ) Seeks Emergency Court Stay Order To Restart Immoral, Illegal and Unconstitutional Program To Give 4-5 Illegal Aliens Work Permits — Time To Impeach The Tyrant — Videos

U.S. Justice Department seeks to block Texas immigration ruling – LoneWolf Sager

Fed Judge Blocks Pres Obama Immigration Plan – Andrew Napolitano – Sen Ted Cruz – The Kelly File

Immigration Showdown – Texas Judge Stalls Obama Executive Action – Special Report All Star Panel

Fed Judge Blocks Pres’ Deferred Deportations For Illegal Immigrants – Sheriff Joe Arpaio – Cavuto

Justice Department to seek stay in Texas immigration ruling

Obama to seek emergency order restarting immigration programs

By Mike Lillis

 

Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”

The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.

“We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system,” Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. “We should not allow a flawed legal decision to delay these changes any longer.”
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Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs.
“We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system,” Earnest said.

At issue are two new initiatives launched unilaterally by Obama on Nov. 20.

The first expands eligibility for the president’s 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children. The second, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.

Combined, the programs could affect as many as 5 million immigrants living in the country illegally.

Many states, however, were quick to object. And Texas — joined by 25 other states — filed a lawsuit contending the programs marked an abuse of executive authority that would cripple their budgets with exorbitant new costs.

In a decision announced near midnight on Monday, U.S. District Judge Andrew S. Hanen agreed, arguing that the administration failed to comply with a federal law governing the adoption of new federal rules.

Hanen has not yet ruled on the merits of the states’ complaints, but said they have a significant enough case that both the DAPA and expanded DACA programs should be put on hold until the legal challenges are resolved.

The effects of the decision were immediate, as administration officials quickly announced that they would not begin accepting applications for either program until the court decisions are final.

Before the ruling, the Homeland Security Department was poised to begin accepting applications for the expanded-DACA program this week, and the for the DAPA program in May. Both have been suspended indefinitely.

Hanen’s injunction does not affect the original DACA program, which remains up and running.

 

http://thehill.com/homenews/administration/233343-obama-to-seek-emergency-court-order-in-immigration-fight

 

BREAKING: Obama to Defy Federal Court – Seeks Emergency Order to Re-Start Amnesty Executive Order

By Reagan Wilson

As we reported earlier this week, a federal judge in Texas issued an injunction that would prevent President Obama’s “Executive Amnesty” program, which would essentially grant immigration amnesty to as many as five million illegal aliens currently living in the United States.

Now, we are getting reports that the President is seeking an emergency order (on Friday afternoon of course) that would allow the programs to continue effective immediately.

According to a report by The Hill:

The Obama administration will seek an emergency court order to move forward with President Obama’s executive action on immigration.

Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.

White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”

The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.

“We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system,” Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. “We should not allow a flawed legal decision to delay these changes any longer.”

http://controversialtimes.com/news/breaking-obama-to-defy-federal-court-seeks-emergency-order-to-re-start-amnesty-executive-order/

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The American People’s Grievance: Barack Obama Is An Islamic Terrorist Denier — Evil or Stupid? — Stupid Is As Stupid Does — Yes, Both –Videos

Posted on February 22, 2015. Filed under: American History, Ammunition, Articles, Babies, Blogroll, Bomb, Business, Central Intelligence Agency (CIA), College, Communications, Constitution, Coptic Christian, Crisis, Demographics, Diasters, Dirty Bomb, Documentary, Drones, Education, Energy, Faith, Family, Federal Bureau of Investigation (FBI), Federal Government, Foreign Policy, Freedom, Genocide, government, government spending, history, Islam, Islam, Language, Law, liberty, Life, Links, Literacy, media, Missiles, Money, National Security Agency (NSA_, Natural Gas, Natural Gas, Oil, Oil, People, Philosophy, Photos, Pistols, Politics, Press, Public Sector, Radio, Radio, Rants, Raves, Religion, Resources, Rifles, Security, Shite, Strategy, Sunni, Talk Radio, Taxes, Technology, Terrorism, Unions, Video, War, Water, Wealth, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Pronk Pops Show 420: February 19, 2015

Pronk Pops Show 419: February 18, 2015

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

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Pronk Pops Show 411: February 5, 2015

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Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

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Pronk Pops Show 397: January 14, 2015

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Pronk Pops Show 392: December 19, 2014

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Pronk Pops Show 374: November 19, 2014

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Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

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Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: The  American People’s Grievance: Barack Obama Is An Islamic Terrorist Denier — Evil or Stupid? — Stupid Is As Stupid Does — Yes, Both –Videos
barack obama

“Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders — holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America — and the West, generally — is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders — they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.”  

~President Barack Obama, February 18, 2015

Guns-to-Terrorist-590-LI islam5 islamic-terrorism-cartoon-bok obama-see-no-terrorism-political-cartoon obama-terrorist-dinner-cartoon tv is

Forrest Gump (1/10) Best Movie Quote – Life is Like a Box of Chocolates (1994)

Obama schools Right Wing It is not Islamic Terrorism!

Afterburner w/Bill Whittle — Showtime: Evil or Stupid?

TERRORIST NATION

Bernard Haykel: How Islamic is the Islamic State?

“To say that IS is outside of the interpretive parameters of Islam is factually incorecct. […] There is no question that these people are drawign inspiration from Islamic texts. And they know these texts better than most Muslims”, Professor Bernard Haykel of Princeton University’s Department of Near Eastern Studies responds to an open rejection letter of the IS movement signed by 126 Sunni scholars.

Talking to War and Peace Talk, Professor Haykel also shared insights on the strand of Islamic tradition IS draws on and the reasons why these Sunni critics have been hesistant to condemn IS members as heretics.

The interview was recorded in Amsterdam on November 14, 2014.

The Folly of Bombing the Islamic State

“Bin Laden was very proud that he had only spent 500.000 dollars on the 9/11 attacks. The US in response to those attacks has probably spent 3 trillion dollars. So as a return on investment, Bin Laden has done really well”.

Professor Bernard Haykel of Princeton University’s Department of Near Eastern Studies elaborates on the current US-led airstrike-campaign against the Islamic State. He explores how that will be framed by the jihadist Sunni movements Al-Qaeda and the Islamic State, and argues that these strikes will confirm their narrative of a conspiracy between the West, the Jews and the Shia Muslims. He stresses that “IS is not a Western problem, it is a Middle Eastern problem”. He also argues very strongly against foreign intervention, saying that: “Every time the West has intervened in the Middle East for the last 200 years it has led to a much worse situation both for the people of the region and for the West.”

The interview was recorded in Amsterdam on November 14, 2014.

Prof Haykel on the Islamic State and Al Qaeda

Is a Fractured Muslim Brotherhood in Egypt’s Future?

Genieve Abdo and Bernard Haykel – “Understanding the Complexities of Sunni — Shi’a Relations”

Who are the Muslim Brotherhood? – Truthloader

U.S. Policy and Islamism after the Arab Spring – Shimon Shamir – Clip from “Reflections on Islamism”

The History of the Muslim Brotherhood in 3 minutes

Muslim Brotherhood in America: The Overview

The American Muslim Brotherhood President – Barack Hussein Obama

The Great Deception New World Order & Muslim Brotherhood

An Alternative for U.S. Policy – Shimon Shamir – Clip from “Reflections on Islamism”

Islamism and Intervention against ISIS — Shimon Shamir – Clip from “Reflections on Islamism”

Reflections on Islamism: From the Muslim Brotherhood to the Islamic State

Obama Behind Muslim Brotherhood Caliphate Conspiracy

Former Muslim Brotherhood member: “Barack Hussein Obama is a Muslim Terrorist”

Barack Obama is a Member of the Muslim Brotherhood

Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood

Why doesn’t Obama say “Islamic” terrorism?

While Obama Appeases Islamic Terrorists, Egyptian President Condemns Them! • Kelly File • 1/9/15 •

President Obama Islam Speech Summit Extremism (Full Speech) – We aren’t at war with Islam

Forrest Gump (1/9) Movie CLIP – Peas and Carrots (1994) HD

Remarks by the President in Closing of the Summit on Countering Violent Extremism

South Court Auditorium

4:20 P.M. EST

THE PRESIDENT:  Thank you.  (Applause.)  Thank you so much. Everybody, please have a seat.

Well, thank you, Lisa, for the introduction.  Lisa is an example of the countless dedicated public servants across our government, a number of who are here today, who are working tirelessly every single day on behalf of the security and safety of the American people.  So we very much appreciate her.  And thanks to all of you for your attendance and participation in this important summit.

For more than 238 years, the United States of America has not just endured, but we have thrived and surmounted challenges that might have broken a lesser nation.  After a terrible civil war, we repaired our union.  We weathered a Great Depression, became the world’s most dynamic economy.  We fought fascism, liberated Europe.  We faced down communism — and won.  American communities have been destroyed by earthquakes and tornadoes and fires and floods — and each time we rebuild.

The bombing that killed 168 people could not break Oklahoma City.  On 9/11, terrorists tried to bring us to our knees; today a new tower soars above New York City, and America continues to lead throughout the world.  After Americans were killed at Fort Hood and the Boston Marathon, it didn’t divide us; we came together as one American family.

In the face of horrific acts of violence — at a Sikh temple near Milwaukee, or at a Jewish community center outside Kansas City — we reaffirmed our commitment to pluralism and to freedom, repulsed by the notion that anyone should ever be targeted because of who they are, or what they look like, or how they worship.

Most recently, with the brutal murders in Chapel Hill of three young Muslim Americans, many Muslim Americans are worried and afraid.  And I want to be as clear as I can be:  As Americans, all faiths and backgrounds, we stand with you in your grief and we offer our love and we offer our support.

My point is this:  As Americans, we are strong and we are resilient.  And when tragedy strikes, when we take a hit, we pull together, and we draw on what’s best in our character — our optimism, our commitment to each other, our commitment to our values, our respect for one another.  We stand up, and we rebuild, and we recover, and we emerge stronger than before.  That’s who we are.  (Applause.)

And I say all this because we face genuine challenges to our security today, just as we have throughout our history.  Challenges to our security are not new.  They didn’t happen yesterday or a week ago or a year ago.  We’ve always faced challenges.  One of those challenges is the terrorist threat from groups like al Qaeda and ISIL.  But this isn’t our challenge alone.  It’s a challenge for the world.  ISIL is terrorizing the people of Syria and Iraq, beheads and burns human beings in unfathomable acts of cruelty.  We’ve seen deadly attacks in Ottawa and Sydney and, Paris, and now Copenhagen.

So, in the face of this challenge, we have marshalled the full force of the United States government, and we’re working with allies and partners to dismantle terrorist organizations and protect the American people.  Given the complexities of the challenge and the nature of the enemy — which is not a traditional army — this work takes time, and will require vigilance and resilience and perspective.  But I’m confident that, just as we have for more than two centuries, we will ultimately prevail.

And part of what gives me that confidence is the overwhelming response of the world community to the savagery of these terrorists — not just revulsion, but a concrete commitment to work together to vanquish these organizations.

At the United Nations in September, I called on the international community to come together and eradicate this scourge of violent extremism.  And I want to thank all of you — from across America and around the world — for answering this call.  Tomorrow at the State Department, governments and civil society groups from more than 60 countries will focus on the steps that we can take as governments.  And I’ll also speak about how our nations have to remain relentless in our fight — our counterterrorism efforts — against groups that are plotting against our counties.

But we are here today because of a very specific challenge  — and that’s countering violent extremism, something that is not just a matter of military affairs.  By “violent extremism,” we don’t just mean the terrorists who are killing innocent people.  We also mean the ideologies, the infrastructure of extremists –the propagandists, the recruiters, the funders who radicalize and recruit or incite people to violence.  We all know there is no one profile of a violent extremist or terrorist, so there’s no way to predict who will become radicalized.  Around the world, and here in the United States, inexcusable acts of violence have been committed against people of different faiths, by people of different faiths — which is, of course, a betrayal of all our faiths.  It’s not unique to one group, or to one geography, or one period of time.

But we are here at this summit because of the urgent threat from groups like al Qaeda and ISIL.  And this week we are focused on prevention — preventing these groups from radicalizing, recruiting or inspiring others to violence in the first place.  I’ve called upon governments to come to the United Nations this fall with concrete steps that we can take together.  And today, what I want to do is suggest several areas where I believe we can concentrate our efforts.

First, we have to confront squarely and honestly the twisted ideologies that these terrorist groups use to incite people to violence.  Leading up to this summit, there’s been a fair amount of debate in the press and among pundits about the words we use to describe and frame this challenge.  So I want to be very clear about how I see it.

Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders — holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America — and the West, generally — is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders — they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.  (Applause.)  

Now, just as those of us outside Muslim communities need to reject the terrorist narrative that the West and Islam are in conflict, or modern life and Islam are in conflict, I also believe that Muslim communities have a responsibility as well.  Al Qaeda and ISIL do draw, selectively, from the Islamic texts.  They do depend upon the misperception around the world that they speak in some fashion for people of the Muslim faith, that Islam is somehow inherently violent, that there is some sort of clash of civilizations.

Of course, the terrorists do not speak for over a billion Muslims who reject their hateful ideology.  They no more represent Islam than any madman who kills innocents in the name of God represents Christianity or Judaism or Buddhism or Hinduism.  No religion is responsible for terrorism.  People are responsible for violence and terrorism.  (Applause.)

And to their credit, there are respected Muslim clerics and scholars not just here in the United States but around the world who push back on this twisted interpretation of their faith.  They want to make very clear what Islam stands for.  And we’re joined by some of these leaders today.  These religious leaders and scholars preach that Islam calls for peace and for justice, and tolerance toward others; that terrorism is prohibited; that the Koran says whoever kills an innocent, it is as if he has killed all mankind.  Those are the voices that represent over a billion people around the world.

But if we are going to effectively isolate terrorists, if we’re going to address the challenge of their efforts to recruit our young people, if we’re going to lift up the voices of tolerance and pluralism within the Muslim community, then we’ve got to acknowledge that their job is made harder by a broader narrative that does exist in many Muslim communities around the world that suggests the West is at odds with Islam in some fashion.

The reality — which, again, many Muslim leaders have spoken to — is that there’s a strain of thought that doesn’t embrace ISIL’s tactics, doesn’t embrace violence, but does buy into the notion that the Muslim world has suffered historical grievances  — sometimes that’s accurate — does buy into the belief that so many of the ills in the Middle East flow from a history of colonialism or conspiracy; does buy into the idea that Islam is incompatible with modernity or tolerance, or that it’s been polluted by Western values.

So those beliefs exist.  In some communities around the world they are widespread.  And so it makes individuals — especially young people who already may be disaffected or alienated — more ripe for radicalization.  And so we’ve got to be able to talk honestly about those issues.  We’ve got to be much more clear about how we’re rejecting certain ideas.

So just as leaders like myself reject the notion that terrorists like ISIL genuinely represent Islam, Muslim leaders need to do more to discredit the notion that our nations are determined to suppress Islam, that there’s an inherent clash in civilizations.  Everybody has to speak up very clearly that no matter what the grievance, violence against innocents doesn’t defend Islam or Muslims, it damages Islam and Muslims.  (Applause.)

And when all of us, together, are doing our part to reject the narratives of violent extremists, when all of us are doing our part to be very clear about the fact that there are certain universal precepts and values that need to be respected in this interconnected world, that’s the beginnings of a partnership.

As we go forward, we need to find new ways to amplify the voices of peace and tolerance and inclusion — and we especially need to do it online.  We also need to lift up the voices of those who know the hypocrisy of groups like ISIL firsthand, including former extremists.  Their words speak to us today.  And I know in some of the discussions these voices have been raised: “I witnessed horrible crimes committed by ISIS.”  “It’s not a revolution or jihad…it’s a slaughter…I was shocked by what I did.”  “This isn’t what we came for, to kill other Muslims.”  “I’m 28 — is this the only future I’m able to imagine?”  That’s the voice of so many who were temporarily radicalized and then saw the truth.  And they’ve warned other young people not to make the same mistakes as they did.  “Do not run after illusions.”  “Do not be deceived.”  “Do not give up your life for nothing.”  We need to lift up those voices.

And in all this work, the greatest resource are communities themselves, especially like those young people who are here today.  We are joined by talented young men and women who are pioneering new innovations, and new social media tools, and new ways to reach young people.  We’re joined by leaders from the private sector, including high-tech companies, who want to support your efforts.  And I want to challenge all of us to build new partnerships that unleash the talents and creativity of young people — young Muslims — not just to expose the lies of extremists but to empower youth to service, and to lift up people’s lives here in America and around the world.  And that can be a calling for your generation.

So that’s the first challenge — we’ve got to discredit these ideologies.  We have to tackle them head on.  And we can’t shy away from these discussions.  And too often, folks are, understandably, sensitive about addressing some of these root issues, but we have to talk about them, honestly and clearly.  (Applause.)  And the reason I believe we have to do so is because I’m so confident that when the truth is out we’ll be successful.     Now, a second challenge is we do have to address the grievances that terrorists exploit, including economic grievances.  Poverty alone does not cause a person to become a terrorist, any more than poverty alone causes somebody to become a criminal.  There are millions of people — billions of people  — in the world who live in abject poverty and are focused on what they can do to build up their own lives, and never embrace violent ideologies.

Conversely, there are terrorists who’ve come from extraordinarily wealthy backgrounds, like Osama bin Laden.  What’s true, though, is that when millions of people — especially youth — are impoverished and have no hope for the future, when corruption inflicts daily humiliations on people, when there are no outlets by which people can express their concerns, resentments fester.  The risk of instability and extremism grow.  Where young people have no education, they are more vulnerable to conspiracy theories and radical ideas, because it’s not tested against anything else, they’ve got nothing to weigh.  And we’ve seen this across the Middle East and North Africa.

And terrorist groups are all too happy to step into a void. They offer salaries to their foot soldiers so they can support their families.  Sometimes they offer social services — schools, health clinics — to do what local governments cannot or will not do.  They try to justify their violence in the name of fighting the injustice of corruption that steals from the people — even while those terrorist groups end up committing even worse abuses, like kidnapping and human trafficking.

So if we’re going to prevent people from being susceptible to the false promises of extremism, then the international community has to offer something better.  And the United States intends to do its part.  We will keep promoting development and growth that is broadly shared, so more people can provide for their families.  We’ll keep leading a global effort against corruption, because the culture of the bribe has to be replaced by good governance that doesn’t favor certain groups over others.

Countries have to truly invest in the education and skills and job training that our extraordinary young people need.  And by the way, that’s boys and girls, and men and women, because countries will not be truly successful if half their populations — if their girls and their women are denied opportunity.  (Applause.)  And America will continue to forge new partnerships in entrepreneurship and innovation, and science and technology, so young people from Morocco to Malaysia can start new businesses and create more prosperity.

Just as we address economic grievances, we need to face a third challenge — and that’s addressing the political grievances that are exploited by terrorists.  When governments oppress their people, deny human rights, stifle dissent, or marginalize ethnic and religious groups, or favor certain religious groups over others, it sows the seeds of extremism and violence.  It makes those communities more vulnerable to recruitment.  Terrorist groups claim that change can only come through violence.  And if peaceful change is impossible, that plays into extremist propaganda.

So the essential ingredient to real and lasting stability and progress is not less democracy; it’s more democracy.  (Applause.)  It’s institutions that uphold the rule of law and apply justice equally.  It’s security forces and police that respect human rights and treat people with dignity.  It’s free speech and strong civil societies where people can organize and assemble and advocate for peaceful change.  It’s freedom of religion where all people can practice their faith without fear and intimidation.  (Applause.)  All of this is part of countering violent extremism.

Fourth, we have to recognize that our best partners in all these efforts, the best people to help protect individuals from falling victim to extremist ideologies are their own communities, their own family members.  We have to be honest with ourselves.  Terrorist groups like al Qaeda and ISIL deliberately target their propaganda in the hopes of reaching and brainwashing young Muslims, especially those who may be disillusioned or wrestling with their identity.  That’s the truth.  The high-quality videos, the online magazines, the use of social media, terrorist Twitter accounts — it’s all designed to target today’s young people online, in cyberspace.

And by the way, the older people here, as wise and respected as you may be, your stuff is often boring — (laughter) — compared to what they’re doing.  (Applause.)  You’re not connected.  And as a consequence, you are not connecting.

So these terrorists are a threat, first and foremost, to the communities that they target, which means communities have to take the lead in protecting themselves.  And that is true here in America, as it’s true anywhere else.  When someone starts getting radicalized, family and friends are often the first to see that something has changed in their personality.  Teachers may notice a student becoming withdrawn or struggling with his or her identity, and if they intervene at that moment and offer support, that may make a difference.

Faith leaders may notice that someone is beginning to espouse violent interpretations of religion, and that’s a moment for possible intervention that allows them to think about their actions and reflect on the meaning of their faith in a way that’s more consistent with peace and justice.  Families and friends, coworkers, neighbors, faith leaders — they want to reach out; they want to help save their loved ones and friends, and prevent them from taking a wrong turn.

But communities don’t always know the signs to look for, or have the tools to intervene, or know what works best.  And that’s where government can play a role — if government is serving as a trusted partner.  And that’s where we also need to be honest.  I know some Muslim Americans have concerns about working with government, particularly law enforcement.  And their reluctance is rooted in the objection to certain practices where Muslim Americans feel they’ve been unfairly targeted.

So, in our work, we have to make sure that abuses stop, are not repeated, that we do not stigmatize entire communities.  Nobody should be profiled or put under a cloud of suspicion simply because of their faith.  (Applause.)  Engagement with communities can’t be a cover for surveillance.  We can’t “securitize” our relationship with Muslim Americans — (applause) — dealing with them solely through the prism of law enforcement. Because when we do, that only reinforces suspicions, makes it harder for us to build the trust that we need to work together.

As part of this summit, we’re announcing that we’re going to increase our outreach to communities, including Muslim Americans. We’re going to step up our efforts to engage with partners and raise awareness so more communities understand how to protect their loved ones from becoming radicalized.  We’ve got to devote more resources to these efforts.  (Applause.)

And as government does more, communities are going to have to step up as well.  We need to build on the pilot programs that have been discussed at this summit already — in Los Angeles, in Minneapolis, in Boston.  These are partnerships that bring people together in a spirit of mutual respect and create more dialogue and more trust and more cooperation.  If we’re going to solve these issues, then the people who are most targeted and potentially most affected — Muslim Americans — have to have a seat at the table where they can help shape and strengthen these partnerships so that we’re all working together to help communities stay safe and strong and resilient.  (Applause.)

And finally, we need to do what extremists and terrorists hope we will not do, and that is stay true to the values that define us as free and diverse societies.  If extremists are peddling the notion that Western countries are hostile to Muslims, then we need to show that we welcome people of all faiths.

Here in America, Islam has been woven into the fabric of our country since its founding.  (Applause.)  Generations of Muslim immigrants came here and went to work as farmers and merchants and factory workers, helped to lay railroads and build up America.  The first Islamic center in New York City was founded in the 1890s.  America’s first mosque — this was an interesting fact — was in North Dakota.  (Laughter.)

Muslim Americans protect our communities as police officers and firefighters and first responders, and protect our nation by serving in uniform, and in our intelligence communities, and in homeland security.  And in cemeteries across our country, including at Arlington, Muslim American heroes rest in peace having given their lives in defense of all of us.  (Applause.)

And of course that’s the story extremists and terrorists don’t want the world to know — Muslims succeeding and thriving in America.  Because when that truth is known, it exposes their propaganda as the lie that it is.  It’s also a story that every American must never forget, because it reminds us all that hatred and bigotry and prejudice have no place in our country.  It’s not just counterproductive; it doesn’t just aid terrorists; it’s wrong.  It’s contrary to who we are.

I’m thinking of a little girl named Sabrina who last month sent me a Valentine’s Day card in the shape of a heart.  It was the first Valentine I got.  (Laughter.)  I got it from Sabrina before Malia and Sasha and Michelle gave me one.  (Laughter.)  So she’s 11 years old.  She’s in the 5th grade.  She’s a young Muslim American.  And she said in her Valentine, “I enjoy being an American.”  And when she grows up, she wants to be an engineer — or a basketball player.  (Laughter.)  Which are good choices. (Laughter.)  But she wrote, “I am worried about people hating Muslims…If some Muslims do bad things, that doesn’t mean all of them do.”  And she asked, “Please tell everyone that we are good people and we’re just like everyone else.”  (Applause.)  Now, those are the words — and the wisdom — of a little girl growing up here in America, just like my daughters are growing up here in America.  “We’re just like everybody else.”  And everybody needs to remember that during the course of this debate.

As we move forward with these challenges, we all have responsibilities, we all have hard work ahead of us on this issue.  We can’t paper over problems, and we’re not going to solve this if we’re always just trying to be politically correct. But we do have to remember that 11-year-old girl.  That’s our hope.  That’s our future.  That’s how we discredit violent ideologies, by making sure her voice is lifted up; making sure she’s nurtured; making sure that she’s supported — and then, recognizing there are little girls and boys like that all around the world, and us helping to address economic and political grievances that can be exploited by extremists, and empowering local communities, and us staying true to our values as a diverse and tolerant society even when we’re threatened — especially when we’re threatened.

There will be a military component to this.  There are savage cruelties going on out there that have to be stopped.  ISIL is killing Muslims at a rate that is many multiples the rate that they’re killing non-Muslims.  Everybody has a stake in stopping them, and there will be an element of us just stopping them in their tracks with force.  But to eliminate the soil out of which they grew, to make sure that we are giving a brighter future to everyone and a lasting sense of security, then we’re going to have to make it clear to all of our children — including that little girl in 5th grade — that you have a place. You have a place here in America.  You have a place in those countries where you live.  You have a future.

Ultimately, those are the antidotes to violent extremism.  And that’s work that we’re going to have to do together.  It will take time.  This is a generational challenge.  But after 238 years, it should be obvious — America has overcome much bigger challenges, and we’ll overcome the ones that we face today.  We will stay united and committed to the ideals that have shaped us for more than two centuries, including the opportunity and justice and dignity of every single human being.

Thank you very much, everybody.  (Applause.)

END

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Senator Cruz Hails Victory of 26 States in Federal District Court with Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos

Posted on February 22, 2015. Filed under: American History, Babies, Blogroll, College, Communications, Constitution, Corruption, Crime, Crisis, Diasters, Documentary, Economics, Education, Employment, Fiscal Policy, Foreign Policy, Freedom, Friends, government, government spending, Health Care, history, Illegal, Immigration, Law, Legal, liberty, Life, Links, Math, media, Money, National Security Agency (NSA_, Obamacare, People, Philosophy, Photos, Politics, Radio, Rants, Raves, Regulations, Resources, Security, Strategy, Talk Radio, Tax Policy, Technology, Terrorism, Unemployment, Unions, Video, Wealth, Welfare, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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Story 1: Senator Cruz Hails Victory of 26 States in Federal District Court with  Judge Andrew S. Hanen’s Stopping Obama From Issuing of Work Permit Cards (Employment Authorization Document) for 4-5 Million Illegal Aliens in U.S. — Videos
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US judge temporarily halts Obama’s immigration orders

A judge in Texas has temporarily halted a plan by US President Barack Obama to give a reprieve from deportation to millions of undocumented people.

The ruling by US District Judge Andrew Hanen gives a coalition of 26 states time to pursue a lawsuit aiming to permanently stop the orders.

Some parts of the policy would have started to take effect on Wednesday.

US Attorney General Eric Holder said he is seeking to overturn the Texas ruling and the courts will ultimately decide.

The coalition of states, led by Texas and made up of mostly conservative states in the South and Midwest, say the order would increase costs for law enforcement, health care and education.

On Tuesday the White House defended the legality of its policy, announced by President Obama in November after immigration-reform efforts had failed repeatedly in Congress.

President Obama’s unilateral move angered Republicans who are working to stop the executive action.

The House has approved a bill that would remove funding for the policies from the Department of Homeland Security’s budget. The measure has failed to pass the Senate and President Obama is expected to veto the bill.

Republicans hailed Mr Hanen’s injunction.

“The Texas court decision reached last night is a major turning point in the fight to stop Obama’s lawless amnesty,” said Senator Ted Cruz, a Texas Republican.

The White House has said Obama’s executive order is not out of legal bounds and that the US Supreme Court and Congress have said federal officials can set priorities in enforcing immigration laws.

Twelve states as well as Washington DC and the US Conference of Mayors have come out in support of President Obama’s action, saying it would stimulate the economy.

The first of President Obama’s orders – to expand a programme that protects young immigrants from deportation if they were brought to the US illegally as children – was set to start on Wednesday.

The other major part of President Obama’s order, which extends deportation protections to parents of US citizens and permanent residents who have been in the country for some years, was not expected to begin until 19 May.

Judge Nap: ‘Rare Ruling Against Obama Could Delay Amnesty Forever

Judge Andrew Napolitano said today that a new federal court ruling could actually delay President Obama’s immigration amnesty “forever.”

On FBN’s “Varney & Co.,” the judge explained the meaning behind the new ruling that temporarily blocks the implementation of Obama’s executive actions on immigration.

The ruling came late Monday after 26 states asked the court to delay the implementation until after the conclusion of a lawsuit challenging the legality of Obama’s orders.

U.S. District Judge Andrew Hanen granted the preliminary injunction Monday after hearing arguments in Brownsville, Texas, last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will “suffer irreparable harm in this case.”

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed with the plaintiffs’ argument that legalizing the presence of millions of people is a “virtually irreversible” action.

The first of Obama’s orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to start taking effect Wednesday. The other major part of Obama’s order, which extends deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, was not expected to begin until May 19.

Napolitano called Hanen’s ruling “rare,” saying one federal judge usually does not decide to stop the president from doing something. He said it’s more common for a federal judge to let an appeals court decide.

“You could count on one hand the number of times a single federal judge has done this to a President of the United States since World War II and you would not use all your fingers,” he said.

The case now moves to the Fifth Circuit Court of Appeals that covers New Orleans and Houston.

Napolitano said the amnesty program is on hold “probably forever” unless the appeals court decides to overturn Hanen’s injunction.

He said it will probably take longer than two years – Obama’s remaining time in office – for the overall case to wind its way through the courts.

“The judge said the feds will probably lose and there is probably irreparable harm to the states, therefore I am going to stop this from happening and I’m going to stop it right now,” he explained.

Texas Judge’s Immigration Rebuke May Be Hard To Challenge

President Barack Obama’s administration faces a difficult and possibly lengthy legal battle to overturn a Texas court ruling that blocked his landmark immigration overhaul, since the judge based his decision on an obscure and unsettled area of administrative law, lawyers said. In his ruling on Monday that upended plans to shield millions of people from deportation, U S District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing. The ruling, however narrow, marked an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4. 7 million illegal immigrants stay without threat of deportation.

It’s a very procedural point – that he did this too quickly, said Michael Kagan, a law professor at the University of Nevada, Las Vegas. Hanen’s ruling left in disarray U S policy toward the roughly 11 million people in the country illegally. Obama said on Tuesday he disagreed with the ruling and expected his administration to prevail in the courts. The U S Justice Department was preparing an appeal of Hanen’s temporary injunction to the 5th U S Circuit Court of Appeals in New Orleans, Obama said. The court could consider an emergency request to block Hanen’s ruling, potentially within days, although most of the 23 judges on the court were appointed by Republican presidents. There was no consensus among lawyers with expertise in administrative law and immigration law on whether Hanen would be reversed on appeal. But they said the judge was wise to focus on an area of administrative law where legal precedent is sometimes fuzzy. In the near term, the narrow approach allowed Hanen to issue a temporary injunction barring federal agencies from putting Obama’s plans into place. An appointee of President George W. Bush, Hanen had previously criticized U S immigration enforcement as too lax.

BRAKE ON PRESIDENTIAL ACTIONHanen’s ruling turned on the Administrative Procedure Act’s requirement that a proposed rule or regulation appear in the Federal Register so people have a chance to comment. The Federal Register is a daily journal of U S government proceedings. The notice and comment requirement acts as a brake on all presidents, slowing their plans by months or years. The requirement, though, does not apply to interpretative rules or legislative rules, an exception that Justice Department lawyers said applied to Obama’s announcement in November.

For Hanen, the pivotal question became whether the new rules, such as granting work permits to potentially millions of illegal immigrants, was binding on federal agents or merely general guidance. He ruled that they were binding, and that Obama should have allowed for notice and comment. Lawyers with expertise in administrative law said there was little guidance from the U S Supreme Court on what qualifies as a rule that needs to be published, leaving disagreement among lower courts and a grey area for Hanen to work in. The case law as to what qualifies as a legislative rule is remarkably unclear, said Anne Joseph O’Connell, a University of California Berkeley law professor.

LENGTHY PROCESS LOOMSO’Connell said it was hard to predict how the appeals court would rule in the end, although she thought it was likely the court would lift Hanen’s temporary injunction and allow the Obama administration to begin putting its program in place. The subject is not strictly partisan, she said, because sometimes a liberal interest group might favor a strict requirement for notice and comment. An appeal before the 5th Circuit could take months, as lawyers file written briefs.

Immigration Delays Likely as DOJ Weighs Legal Options

Federal judge temporarily blocks Obama’s immigration executive action

Obama weighs in on Texas judge’s immigration ruling

Federal judge temporarily blocks Obama’s immigration executive action

No Clear End in Sight to Avoid Shutdown of Department of Homeland Security

Obama’s New Jobs Program: Work Permits for Illegal Aliens

Ted Cruz: White House ‘Counterfeiting Immigration Documents’

Sen. Ted Cruz, R-Texas, believes that the Obama administration is “counterfeiting immigration documents” under the president’s immigration plan.

Speaking to Fox News following a federal judge’s decision to temporarily halt President Barack Obama’s executive action on immigration, the potential Republican presidential contender said the commander in chief is ignoring federal law.

“One of the things it points out is the president has claimed, rather absurdly, that the basis of his authority is ‘prosecutorial discretion.’ That he’s simply choosing not to prosecute 4.5 million people here illegally,” Cruz told Fox News. “But what the district court concluded, quite rightly, is they’re doing far more than that. The administration is printing work authorizations. It is affirmatively acting in contravention of federal law. Basically, what its doing is counterfeiting immigration documents, because the work authorizations its printing are directly contrary to the text of federal law. It is dangerous when the president ignores federal law.”

U.S. District Judge Andrew Hanen’s decision late Monday puts on hold Obama’s orders that could spare from deportation as many as 5 million people who are in the U.S. illegally.

In a memorandum accompanying his order, Hanen said the lawsuit should go forward and that the states would “suffer irreparable harm in this case” without a preliminary injunction.

“The genie would be impossible to put back into the bottle,” he wrote, adding that he agreed that legalizing the presence of millions of people is a “virtually irreversible” action.

Talking to reporters in the Oval Office, Obama said he disagreed with the ruling by Hanen that the administration had exceeded its authority. But he said that, for now, he must abide by it.

“We’re not going to disregard this federal court ruling,” Obama said, but he added that administration officials would continue to prepare to roll out the program. “I think the law is on our side and history is on our side,” he said.

Cruz called it a “major victory for the rule of law.”

“It’s interesting, (Obama) said the law is on his side. There’s at least one person who calls himself a legal scholar who disagrees, and his name is Barack Obama,” Cruz said. “Twenty-two times President Obama has admitted he doesn’t have the authority to issue unilateral amnesty. Twenty-two times he says the constitution doesn’t allow it. He said, ‘This is not a monarchy.’ That’s his quote. And then after the last election, he said never mind and issued it anyway.”

Obama’s directives would make more than 4 million immigrants in the United States illegally eligible for three-year deportation stays and work permits. Mostly those are people who have been in the country for more than five years and have children who are U.S. citizens or legal permanent residents. Applications for the first phase were to begin Wednesday, when as many as 300,000 immigrants brought illegally to the country as children could begin applying for an expansion of Obama’s 2012 program aimed at the younger immigrants known as Dreamers.

Hanen’s ruling late Monday night, in a case brought by 26 states led by Texas, said that Obama and his Homeland Security Department lacked the authority to take the actions they did.

“No statute gives the DHS the discretion it is trying to exercise here,” wrote Hanen, and he issued a stay blocking the actions from taking effect. His order was not a big surprise from a Republican-appointed judge who has showed a hard line on border issues.

The Obama administration could seek a stay of his order in addition to appealing to the 5th U.S. Circuit Court of Appeals in New Orleans. Attorney General Eric Holder said Tuesday that the Justice Department was deciding its next move.

He said, “I’ve always expected that this is a matter that will ultimately be decided by a higher court — if not the Supreme Court then a federal court of appeals.”

http://washington.cbslocal.com/2015/02/18/ted-cruz-white-house-counterfeiting-immigration-documents/

Federal Judge Blocks Implementation of Obama’s Executive Amnesty, For Now

By Patrick Brennan

A federal judge for the Southern District of Texas granted an injunction tonight blocking the implementation of President Obama’s sweeping executive action on immigration from November, which offered a form of temporary legal status and work authorization to millions of illegel immigrants. The judge, Andrew Hanen, is considering a case brought by the attorney generals of 26 states, which alleges that the executive action is improper and unconstitutional, and will harm the states by forcing them to pay for some benefits granted to newly legal immigrants, such as drivers’ licenses, and for higher law-enforcement costs.

The federal government is expected to immediately ask for a stay of the injunction. That would allow the feds to resume the process of preparing to grant quasi-legal status to millions of illegal immigrants — applications for one category of the president amnesty were to open this week. For now, that can’t happen; the decision from a higher court will probably take a few weeks.

Whatever the final decision is, this ruling should a bit of ammunition for Republicans who are currently trying to force some Democrats into agreeing to a government-funding bill in Congress that blocks the implementation of the order, which many Democrats once opposed.

Such an injunction isn’t granted unless the judge feels the plaintiffs have “a substantial likelihood of success on the merits.” Hanen’s ruling offers analysis of whether the states have standing to sue (on a number of grounds, he says they do), and whether they have a good chance at success.

The basic argument from the states that Hanen favors isn’t one about constitutional improprieties (he doesn’t get to that question, which the states have raised); it’s that the Department of Homeland Security has effectively created a whole new program and procedure without following any of the legally necessary steps. The Obama administration’s use of deferred action amounts to new rulemaking, Hanen suggests, because there’s so little evidence that the system, based on DACA, involves case-by-case discretion, as the feds claim it does.

Josh Blackman, a professor at the South Texas College of Law who’s written about the executive-amnesty issue for NR, has analysis of the full ruling here.

The ruling is certainly exciting for those who were troubled by the president’s actions, but a few reasons why not to get too excited:

The Fifth Circuit, the federal-court region that includes Texas, could stay the injunction relatively soon, though, allowing the granting of legal status to go forward. (Although the program could, in theory, eventually still be struck down.)

Hanen is not necessarily anything but a mainstream judge, but he is a Bush appointee who, the Times notes, has a record of hawkish immigration opinions. That has no bearing on the logic of his decision, but it might suggest other judges won’t necessarily agree with Hanen’s reasoning.

Whether states even have the right to challenge the president’s action isn’t entirely clear, partly because immigration enforcement is almost exclusively a federal domain. Attorney Ian Smith laid out the states’ case for standing on NROhere. Congressional Republicans have said they’d like to challenge the president’s order in court, too; their case for standing is considered more far-fetched. On the upside, the judge’s decision in Texas grants standing to the states on multiple grounds where they argue they have it, though not all of them.

Relatedly, courts are just pretty deferential when it comes to fights between the other two branches. Hanen’s ruling notes this repeatedly, maintaining that in order for the courts to halt the executive branch, it has to be actively, affirmatively doing something unauthorized, rather than just overstepping its bounds or abdicating its powers.

An Obama-appointed federal judge ruled in December that Sheriff Joe Arpaio didn’t have standing to sue over the president’s actions — a different case, for sure, but not entirely separate, since the 26 states involved in this case are alleging that legalized immigrants pose a law-enforcement threat, as Arpaio argued, too. The other case that has gone against Obama on this issue, a Pennsylvania federal judge’s ruling that the amnesty is unconstitutional, has been considered flimsy and overreaching; Blackman notes that Hanen’s decision is much better reasoned.​

The lawsuit just challenges the executive action announced in November, which offers “deferred action” status, a form of theoretically temporary legal residency and work authorization, to illegal immigrants with specific ties to the U.S. — the parents of citizens, etc. The categories in all add up to 4 to 5 million eligible illegal aliens.

That comes on top of the close to a million illegal immigrants eligible for deferred action under the president’s 2012 executive action, which allowed illegal immigrants who’d come here at a young age and met a few other criteria to stay. The Texas court decision examines that program, known as DACA, in detail, but it isn’t at issue in the case. A number of outlets refer to this injunction as halting “DACA expansions,” which is true, but a bit of a misnomer: The “DACA expansions” are deferred action for adults and childhood arrivals who were older or otherwise ineligible for the DACA program the president started in 2012. They’re not really the same thing, and DACA itself — the status it gave to hundreds of thousands of illegal immigrants and the application process they can still begin now if they haven’t gotten status — is unaffected.

This differs slightly from the political strategy Republicans have put forth in Congress: The bill the House passed earlier this year to fund the Department of Homeland Security would halt the DACA program, block the implementation of the president’s November action, and undo some of his other executive immigration policies, too.

http://www.nationalreview.com/corner/398741/federal-judge-blocks-implementation-obamas-executive-amnesty-now-patrick-brennan?utm_source=co2hog

Federal judge halts Obama amnesty; White House to appeal

By Stephen Dinan

A federal judge late Monday halted President Obama’s deportation amnesty, ruling he overstepped his powers in trying to grant legal status and “benefits and privileges” to millions of illegal immigrants, in a stunning decision that chides the president and throws the White House’s plans into disarray just a day before applications were to be accepted.

The White House said it will appeal Judge Andrew S. Hanen’s decision, but it’s unclear whether the case could reach the circuit court in New Orleans or even the Supreme Court before Wednesday, which is when the Homeland Security Department had planned to begin accepting the first applications under the new amnesty.

“The DHS was not given any ‘discretion by law’ to give 4.3 million removable aliens what the DHS itself labels as ‘legal presence,’ ” Judge Hanen wrote in issuing an injunction. “In fact, the law mandates that these illegally-present individuals be removed. The DHS has adopted a new rule that substantially changes both the status and employability of millions. These changes go beyond mere enforcement or even non-enforcement of this nation’s immigration scheme.”


SEE ALSO: FLASHBACK: Bush-appointee judge scorched Homeland Security before eviscerating amnesty


In the immediate sense, the ruling will become a major part of the debate over homeland security funding that has roiled Capitol Hill, with Republicans insisting Mr. Obama’s actions were unconstitutional and should be halted through Congress’s spending power, and Democrats backing their president by filibustering to block funding for the Homeland Security Department altogether.

The ruling doesn’t mean those illegal immigrants are going to be deported immediately — indeed, Judge Hanen said they are likely not to be deported at all under Mr. Obama, who had set “priorities” putting them in little danger of ever being kicked out of the country, even without the formal amnesty.

The judge said Mr. Obama does have the right to set those priorities, but said it is likely a step too far for him to have set up a proactive program to grant them other benefits.

“The DHS may continue to prosecute or not prosecute these illegally-present individuals, as current laws dictate. This has been the status quo for at least the last five years and there is little-to-no basis to conclude that harm will fall upon the defendants if it is temporarily prohibited from carrying out the … program.”

One immigrant-rights group called his decision “judicial vigilantism,” while another called it a “minor legal bump” and said it’s “merely a matter of time” before they win legal status.

White House press secretary Josh Earnest was dismissive of the judge’s ruling, saying it contradicted Mr. Obama’s own lawyers, who told him he was “well within his legal authority.”

“Top law enforcement officials, along with state and local leaders across the country, have emphasized that these policies will also benefit the economy and help keep communities safe. The district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision,” Mr. Earnest said early Tuesday.

Judge Hanen’s exhaustive opinion, which ran to 123 pages, eviscerated the administration’s legal arguments. Where Mr. Obama claimed he was only issuing “guidance” and using his powers of prosecutorial discretion to make decisions on a case-by-case basis, the judge ruled that wording was “disingenuous” and ignored the substance of what the president was trying to do.

He also said Mr. Obama hurt his own case by saying he’d acted to “change the law,” implying a much more substantive legal program than his administration was arguing in court.

The president’s new plan, known as Deferred Action for Parental Accountability, announced in November, was designed to cover more than 4 million illegal immigrant parents of U.S. citizens and legal permanent residents, granting them a three-year stay of deportation, Social Security numbers and work permits to compete legally for jobs. The November order also expanded a 2012 program for so-called Dreamers, or illegal immigrants brought to the U.S. as children.

The initial Dreamer program is still in place, and covers more than 600,000 illegal immigrants, but Judge Hanen halted its expansion, as well as the new program for parents.

About 95 percent of those who applied for the 2012 Dreamer program were approved, while nobody who didn’t meet the strict criteria was — both factors that Judge Hanen said suggested this wasn’t “discretion,” but rather a new substantive legal policy that should have gone through the usual rule-making process.

“While [the program] does not provide legal permanent residency, it certainly provides a legal benefit in the form of legal presence (plus all that it entails) — a benefit not otherwise available in immigration laws,” the judge wrote. “In this case, actions speak louder than words.”

Still, almost none of those who would have been approved for the amnesty are in danger of deportation, thanks to Mr. Obama’s other, less-noticed policies that order immigration agents only to go after illegal immigrants with serious criminal records. That likely means only a couple million of the nearly 12 million illegal immigrants in the U.S. are likely to be in any danger of deportation.

Immigrant-rights advocates had expected the ruling and had been working ahead of time to discredit Judge Hanen, saying he had a “bias” against them, based on a December 2013 ruling.

In that ruling, Judge Hanen had spotted the surge of illegal immigrant children crossing the border earlier on, and had been critical of how Homeland Security officials had handled it, accusing them of being complicit in human trafficking because they would deliver the children to their illegal immigrant parents in the U.S. without trying to deport either party.

Last summer’s spike in illegal immigrant children from Central America bore out Judge Hanen’s concerns, with the administration belatedly admitting that the ease of getting across the border and being connected with family here in the U.S. was helping spur the surge.

http://www.washingtontimes.com/news/2015/feb/17/judge-andrew-s-hanen-halts-obama-amnesty/

Obama’s Amnesty Hits a Legal Roadblock
If a Texas judge’s temporary stay against it is upheld, it could be headed to the Supreme Court.

ate Monday, a federal district judge in Texasissued a temporary injunction that bars the Obama administration from proceeding with the president’s unilateral decree of effective amnesty for millions of illegal aliens.

To be clear, the order issued by Judge Andrew Hanen of the U.S. court for the southern district of Texas in Brownsville is a temporary stay. It is not a ruling on the merits of the lawsuit brought by 26 states that claim they will suffer profound financial and other damage from the president’s lawless executive action — an action that Obama himself many times conceded would be lawless before he finally took it late last year.

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Today, the Justice Department will seek an emergency order from the Fifth Circuit U.S. Court of Appeals to block Judge Hanen’s injunction. There is a good chance the Justice Department will succeed, at least temporarily. If the Fifth Circuit blocks the injunction, that, too, would not be a ruling on the merits of the case. It would just mean a return to the status quo that allows Obama to proceed with the implementation of his amnesty decree.

I imagine we will know by late this afternoon whether the Fifth Circuit will set aside the district court’s injunction.

Judge Hanen’s order would temporarily prevent the Obama administration from implementing the executive action — in particular, the issuance of positive legal benefits, like work permits, for illegal aliens despite the lack of statutory authorization. The stay would also allow Judge Hanen a chance to issue a final ruling on the merits of the case. Again, he has not at this point conclusively ruled that Obama’s executive amnesty violates the Constitution or other federal law.

To justify issuing the stay, however, he had to decide that the states that brought the lawsuit had demonstrated a likelihood of success on the merits. That is, in Hanen’s judgment, they have shown that they probably (1) have standing to sue, (2) will show that Obama violated the law, and (3) will suffer concrete harm from the violation (particularly economic harm).

The big question in the case is standing: Is the case properly brought by the states? If the Fifth Circuit, on an emergency appeal of the stay by the Justice Department, decides there is a likelihood that the states do not have standing, then it will vacate Judge Hanen’s stay. The appellate court could find a probability that standing is lacking because, for example, federal jurisprudence holds that immigration is mainly a federal responsibility, or because the harm the states say they will suffer from the executive amnesty is too speculative. (Again, note that we are talking about “likelihood” and “probability” here because these are preliminary, predictive determinations. The case has not been fully presented and ruled upon at this point.)

If the Fifth Circuit were to vacate the stay, that, again, would not be a ruling on the merits of the case. It would simply revert matters to where they stood before Judge Hanen’s order on Monday, meaning the administration could move ahead with its plans while we await a final ruling on the merits from Judge Hanen.

If, on the Justice Department’s emergency appeal, the Fifth Circuit were to decline to disturb Judge Hanen’s stay, there are at least three possibilities: (1) the Justice Department could appeal Judge Hanen’s stay to the Supreme Court; (2) the administration could accept the decision and hold off implementation of the executive order while waiting for Judge Hanen to issue a final ruling (which, all signs indicate, will go against the president); or (3) the president could do what he often does with statutes and court decisions that interfere with his agenda: simply ignore the judicial stay and begin implementing his amnesty decree.

I would bet on (1), an appeal to the Supreme Court. I do believe that Obama is inclined to (3), the lawless route, if all else fails. Obviously, however, the president would rather win in court if he can. That necessitates moving ahead with the judicial process while there are still rounds to play. The administration has a decent chance of getting the stay vacated in either the Fifth Circuit or the Supreme Court. Even if that fails, and Judge Hanen, as expected, renders a final decision against the president, the administration has a decent shot at getting such a ruling reversed by the Fifth Circuit or the Supreme Court. I expect the president to play this out. It may take many months, at least, and during that time there is a reasonable chance that some tribunal will lift the stay and allow him to begin implementing the amnesty pending a final appellate ruling on the merits.

This underscores what I have beenarguing for some time. The courts are a very unlikely avenue for checking presidential lawlessness. The proper constitutional way to check the president’s executive order is for Congress to deny the funding needed to implement it. That is what Republicans in the House have done, by fully funding the lawful activities of the Department of Homeland Security (DHS) but denying the funding for the unlawful executive amnesty. Democrats are blocking that legislation in the Senate, in the hope that, as the budget deadline approaches, the pro-Obama press (with regrettable help from George Will and Senator John McCain, among others) will convince the country that it is somehow the Republicans who are “shutting down” DHS.

On that score, I will briefly repeat what I’ve contended before:

The fact that politicians hang a sign that says “Homeland Security” on a dysfunctional bureaucratic sprawl does not mean that denying funds to that bureaucracy would harm actual homeland security in any material way.

We have a DHS only because of typical Beltway overreaction to a crisis — the need to be seen as “doing something” in response to public anger over the government’s misfeasance prior to the 9/11 attacks.

Homeland security in the United States is more than adequately provided for by the hundreds of billions of dollars that continue to be spent each year — and that Congress has already approved for this year — on the Justice Department, the FBI, the 17-agency intelligence community, the armed forces, and state and local police forces.

We did not have a DHS before 2003, and if it disappeared tomorrow, no one would miss it.

The agencies in DHS that actually contribute to protection of the homeland could easily be absorbed by other government departments (where they were housed before DHS’s creation).

Under Obama, the immigration law-enforcement components of DHS are not enforcing the immigration laws. Why should taxpayers expend billions of dollars on agencies that do not fulfill, and under this president have no intention of fulfilling, the mission that is the rationale for the funding?

In any event, as we await the next round in the courts, the speedy and certain way to stop a lawless president is to deny him the money he needs to carry out his designs.

http://www.nationalreview.com/article/398755/obamas-amnesty-hits-legal-roadblock-andrew-c-mccarthy/page/0/1

The Pronk Pops Show Podcasts Portfolio

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Senate Democrats Block Debate and Funding For Department of Homeland Security and Aid and Abet 30-50 Million Illegal Aliens In U.S. Getting Legal Status — Work Permits and Green Cards — Obama’s Illegal and Unconstitutional Actions — Open Borders For Islamic Jihadist Terrorist — Lead, Follow or Get Out of The Way — Videos

Posted on February 21, 2015. Filed under: American History, Blogroll, Business, College, Communications, Constitution, Corruption, Crime, Crisis, Documentary, Education, Employment, Family, Federal Government, Federal Government Budget, Fiscal Policy, Foreign Policy, Fraud, Freedom, government, government spending, history, Illegal, Immigration, Islam, Law, Legal, liberty, Life, Links, Literacy, media, People, Philosophy, Politics, Press, Radio, Raves, Regulations, Talk Radio, Tax Policy, Terrorism, Unemployment, Unions, Video, War, Wealth, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 418: February 16, 2015

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: Senate Democrats Block Debate and Funding For Department of Homeland Security and  Aid and Abet  30-50 Million Illegal Aliens In U.S. Getting Legal Status — Work Permits and Green Cards — Obama’s Illegal and Unconstitutional Actions — Open Borders For Islamic Jihadist Terrorist — Lead, Follow or Get Out of The Way — Videos

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POWER PLAY: IMMIGRATION IMPASSE

House Speaker John Boehner on Fox News Sunday

Gowdy Opening Statement at Immigration Enforcement Hearing

Gowdy Opening Statement at Immigration Enforcement and Asylum Reform Hearing

House GOP Ratchets Up Pressure on Immigration Enforcement

How Many Illegal Aliens Are in the US? – Walsh – 1

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS

How Many Illegal Aliens Are in the US? – Walsh – 2

How Many Illegal Aliens Are in the United States? Presentation by James H. Walsh, Associate General Counsel of the former INS

Immigration by the Numbers — Off the Charts

A startling look at how U.S. immigration will add 300 million people to the country this century if immigration policies are not changed. This dramatic presentation of the latest Census data raises serious immigration questions about the ability of the country to achieve environmental sustainability and to meet the quality-of-life infrastructure needs of the national community considering current immigration policy.

Presented by immigration author/journalist Roy Beck

Learn More http://www.NumbersUSA.org
NumbersUSA Education & Research Foundation is a non-profit, non-partisan organization that favors an environmentally sustainable and economically just America and seeks to educate the public about the effects of high levels of immigration on U.S. overpopulation, the environment, jobs, and wages. We use government data to conduct research on the impacts of U.S. population growth, consumption, sprawl, and current levels of immigration and educate the public, opinion leaders and policy makers on the results of those and other studies.

John Boehner blames Senate Dems for blocking DHS funding

Speaker John Boehner says the House has done its job in passing a bill to fund the Department of Homeland Security, and it’s Senate Democrats’ fault if the department runs out of money at the end of the month. And, he makes clear, he’s prepared to let that happen.

If funding runs out, the Ohio Republican said, “Well, then, Senate Democrats should be to blame. Very simple.”

“The House has acted. We’ve done our job. Senate Democrats are the ones putting us in this precarious position, and it’s up to Senate Democrats to get their act together,” Boehner told Chris Wallace in an interview aired on “Fox News Sunday.”

When pressed, the speaker strongly reiterated his position.

“Chris! Chris! One more time. The House has done its job under the Constitution,” Boehner said, echoing many earlier comments. “It’s time for the Senate to do their job. Listen, I’ve got a tough job here. So does Senator [Mitch] McConnell. But Senate Democrats are the ones jeopardizing funding. Why don’t they get on the bill and offer an amendment, offer their ideas.”

Senate Democrats have filibustered efforts to pass the $40 billion DHS funding bill, which so far lacks the 60 votes needed to proceed in the Senate. At issue are Republican efforts to block funding of President Barack Obama’s immigration executive actions.

“The House has acted to fund the department and to stop the president’s overreach when it comes to immigration and his executive orders,” Boehner said. “The president said 22 times that he did not have the authority to do what he eventually did. And the Congress just can’t sit by and let the president defy the Constitution and defy his own oath of office. And so the House acted. Now it’s time for the Senate to act.”

“The Senate Democrats are blocking the ability to even debate the bill,” he said. “It’s their turn, that’s the way the system works. That’s the way the Constitution spells it out.”

http://www.politico.com/story/2015/02/john-boehner-blames-senate-dems-for-blocking-dhs-funding-115209.html

HOUSE REPUBLICANS URGE SENATE DEMOCRATS TO ALLOW DEBATE ON DHS FUNDING BILL

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), along with 169 other House Republicans, sent a letter to Senate Minority Leader Harry Reid (D-Nev.) last week urging him to stop obstructing debate on the Department of Homeland Security spending bill that would also block the funding of President Obama’s executive amnesties. In the letter, they charged that Senate Democrats are choosing to defend President Obama’s unconstitutional actions by not even allowing debate of the bill.

“Why are they so afraid to debate this bill,” Rep. Goodlatte wrote. “Senate Democrats would rather stifle free speech on the Senate floor than debate a bill they know is supported by the American people.”

The letter also notes that, in not allowing the bill to move forward, Sen. Reid is shielding Senate Democrats, many of whom have publicly opposed the president’s move to unilaterally grant amnesty and work permits to millions of illegal aliens, “from voting on the substance of the House-passed bill.”

The letter reads as follows:

Dear Minority Leader Reid,

We write to express our strong concern that Senate Democrats are blocking debate on a critical bill that would fund the Department of Homeland Security’s operations for Fiscal Year 2015 and defund unconstitutional programs created unilaterally by President Obama.

Three times, you and other members of your caucus have prevented even a debate of the House-passed Department of Homeland Security Appropriations bill. While we understand that you and many of your Democrat colleagues are opposed to the provisions in the House-passed bill that would defund President Obama’s effective rewriting of our immigration laws, you should at least support debating the merits of such an important funding bill and offer amendments to the provisions you wish to change.

However, you have repeatedly obstructed even debating this bill in order to protect President Obama’s unconstitutional acts and shield Senators of your party – many of whom have publicly stated that they oppose the President’s unilateral actions – from voting on the substance of the House-passed bill. It is utterly appalling that you and other Senate Democrats believe that protecting the President’s unconstitutional actions is more important than funding a Department tasked with keeping Americans safe.

By preventing the Senate from taking up the House-passed bill, you are also denying the American people a fair debate on this issue. And a fair debate is what the American people want – they fundamentally disagree with President Obama’s actions and believe that he has unlawfully acted alone. For example, a Washington Post/ABC News poll last month found that 57% of registered voters believe that President Obama’s grant of deferred action should be blocked.

President Obama’s actions are tilting the scales of our government in the executive’s favor, threatening to unravel our system of checks and balances and imperiling all our liberties. The House of Representatives has acted decisively to defend the Constitution from this clear and present danger by voting to defund the president’s executive actions. For the sake of our nation, our two bodies must stand together on a bipartisan basis. But in order to do this, the Senate Democrat caucus must cease to play politics with the Constitution. You must end your filibuster of the House-passed bill and allow it to proceed to the floor for consideration. History will record our actions and how we honor the trust placed in all of us by the American people.

(A list of signees is below.)

The Senate has voted, unsuccessfully, three times to begin debate of the bill after the House passed its version on January 14. Current DHS funding is set to expire on February 27, but most DHS employees, deemed as essential workers, would still be required to work.

The signed letter can be found here

https://www.numbersusa.com/news/house-republicans-urge-senate-democrats-allow-debate-dhs-funding-bill

 

FY 2014 ICE Immigration Removals

This report summarizes U.S. Immigration and Customs Enforcement’s (ICE) Fiscal Year (FY) 2014 civil immigration enforcement and removal operations. ICE shares responsibility for enforcing the Nation’s civil immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). In executing its enforcement duties, ICE focuses on two core missions: (1) identifying and apprehending public safety threats—including criminal aliens and national security targets—and other removable individuals within the United States; and (2) detaining and removing individuals apprehended by ICE and CBP officers and agents patrolling our Nation’s borders.

Each year, ICE immigration enforcement is impacted by operational factors, including the size of the removable population found in the interior and encountered at the border by CBP, appropriated resources, fluctuating migration patterns, and the legal authorities that govern ICE’s activities. In 2014, each of these factors affected ICE operations and contributed to the number of ICE’s FY 2014 removals, which was 315,943, down from 368,644 in FY 2013. This report sets forth and analyzes ICE’s FY 2014 immigration enforcement statistics:

In FY 2014:

  • ICE conducted 315,943 removals.
  • ICE conducted 102,224 removals of individuals apprehended in the interior of the United States.
    • 86,923 (85 percent) of all interior removals involved individuals previously convicted of a crime.
  • ICE conducted 213,719 removals of individuals apprehended while attempting to unlawfully enter the United States. 4
  • 56 percent of all ICE removals, or 177,960, involved individuals who were previously convicted of a crime.
    • ICE apprehended and removed 86,923 criminals from the interior of the U.S.
    • ICE removed 91,037 criminals apprehended while attempting to unlawfully enter the United States.
  • 98 percent of all ICE FY 2014 removals, or 309,477, clearly met one or more of ICE’s stated civil immigration enforcement priorities.5
  • Of the 137,983 individuals removed who had no criminal conviction, 89 percent, or 122,682, were apprehended at or near the border while attempting to unlawfully enter the country.6
  • The leading countries of origin for removals were Mexico, Guatemala, Honduras, and El Salvador.
  • 2,802 individuals removed by ICE were classified as suspected or confirmed gang members.7

Definitions of Key Terms

Border Removal: An individual removed by ICE who is apprehended while attempting to illicitly enter the United States at or between the ports of entry by a CBP officer or agent. These individuals are also referred to as recent border crossers.

Criminal Offender: An individual convicted in the United States for one or more criminal offenses. This does not include civil traffic offenses.

Immigration Fugitives: An individual who has failed to leave the United States based upon a final order of removal, deportation or exclusion, or who has failed to report to ICE after receiving notice to do so.

Interior Removal: An individual removed by ICE who is identified or apprehended in the United States by an ICE officer or agent. This category excludes those apprehended at the immediate border while attempting to unlawfully enter the United States.

Other Removable Alien: An individual who is not confirmed to be a convicted criminal, recent border crosser or fall under another ICE civil enforcement priority category. This category may include individuals removed on national security grounds or for general immigration violations.

Previously Removed Alien: An individual previously removed or returned who has re-entered the country illegally again.

Reinstatement of Final Removal Order: The removal of an alien based on the reinstatement of a prior removal order, where the alien departed the United States under an order of removal and illegally reentered the United States [INA § 241(a)(5)]. The alien may be removed without a hearing before an immigration court.

Removal: The compulsory and confirmed movement of an inadmissible or deportable alien out of the United States based on an order of removal. An individual who is removed may have administrative or criminal consequences placed on subsequent reentry owing to the fact of the removal.

 

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4 Approximately 96 percent of these individuals were apprehended by CBP Border Patrol agents and then processed, detained, and removed by ICE. The remaining individuals were apprehended by CBP officers at ports of entry.

5 As defined in the March 2011 ICE Memorandum: Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens.

6 ICE defines criminality via a recorded criminal conviction obtained by ICE officers and agents from certified criminal history repositories. These individuals include recent border crossers, immigration fugitives, and repeat immigration violators.

7  Gang affiliation is documented as part of the intake process in the Risk Classification Assessment (RCA).

The Pronk Pops Show Podcasts Portfolio

Listen To Pronk Pops Podcast or Download Show 414-418

Listen To Pronk Pops Podcast or Download Show 408-413

Listen To Pronk Pops Podcast or Download Show 400-407

Listen To Pronk Pops Podcast or Download Show 391-399

Listen To Pronk Pops Podcast or Download Show 383-390

Listen To Pronk Pops Podcast or Download Show 376-382

Listen To Pronk Pops Podcast or Download Show 369-375

Listen To Pronk Pops Podcast or Download Show 360-368

Listen To Pronk Pops Podcast or Download Show 354-359

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llegal Aliens Who Get Work Permits aka Employment Authorization Documents, Social Security Numbers and State Drivers Licenses Will Register to Vote and Vote Illegally in Elections — Democratic and Republican Parties Betray Their Oath of Office and American People — The Two Party Tyranny — Illegal Aliens Steal American Jobs and Taxes and Cancels Out American Citizens’ Votes — 30-50 Million Illegal Aliens In The United States! — Videos

Posted on February 14, 2015. Filed under: Agriculture, American History, Blogroll, Business, College, Comedy, Communications, Corruption, Crime, Crisis, Data, Demographics, Documentary, Economics, Education, Employment, Faith, Family, Farming, Federal Government, Federal Government Budget, Fiscal Policy, Food, Fraud, government, government spending, history, Illegal, Immigration, Investments, Language, Law, Legal, liberty, Life, Links, Literacy, Macroeconomics, Microeconomics, People, Philosophy, Photos, Politics, Press, Private Sector, Public Sector, Rants, Raves, Strategy, Talk Radio, Tax Policy, Taxes, Unemployment, Unions, Video, War, Wealth, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

Project_1

The Pronk Pops Show Podcasts

Pronk Pops Show 417: February 13, 2015

Pronk Pops Show 416: February 12, 2015

Pronk Pops Show 415: February 11, 2015

Pronk Pops Show 414: February 10, 2015

Pronk Pops Show 413: February 9, 2015

Pronk Pops Show 412: February 6, 2015

Pronk Pops Show 411: February 5, 2015

Pronk Pops Show 410: February 4, 2015

Pronk Pops Show 409: February 3, 2015

Pronk Pops Show 408: February 2, 2015

Pronk Pops Show 407: January 30, 2015

Pronk Pops Show 406: January 29, 2015

Pronk Pops Show 405: January 28, 2015

Pronk Pops Show 404: January 27, 2015

Pronk Pops Show 403: January 26, 2015

Pronk Pops Show 402: January 23, 2015

Pronk Pops Show 401: January 22, 2015

Pronk Pops Show 400: January 21, 2015

Pronk Pops Show 399: January 16, 2015

Pronk Pops Show 398: January 15, 2015

Pronk Pops Show 397: January 14, 2015

Pronk Pops Show 396: January 13, 2015

Pronk Pops Show 395: January 12, 2015

Pronk Pops Show 394: January 7, 2015

Pronk Pops Show 393: January 5, 2015

Pronk Pops Show 392: December 19, 2014

Pronk Pops Show 391: December 18, 2014

Pronk Pops Show 390: December 17, 2014

Pronk Pops Show 389: December 16, 2014

Pronk Pops Show 388: December 15, 2014

Pronk Pops Show 387: December 12, 2014

Pronk Pops Show 386: December 11, 2014

Pronk Pops Show 385: December 9, 2014

Pronk Pops Show 384: December 8, 2014

Pronk Pops Show 383: December 5, 2014

Pronk Pops Show 382: December 4, 2014

Pronk Pops Show 381: December 3, 2014

Pronk Pops Show 380: December 1, 2014

Pronk Pops Show 379: November 26, 2014

Pronk Pops Show 378: November 25, 2014

Pronk Pops Show 377: November 24, 2014

Pronk Pops Show 376: November 21, 2014

Pronk Pops Show 375: November 20, 2014

Pronk Pops Show 374: November 19, 2014

Pronk Pops Show 373: November 18, 2014

Pronk Pops Show 372: November 17, 2014

Pronk Pops Show 371: November 14, 2014

Pronk Pops Show 370: November 13, 2014

Pronk Pops Show 369: November 12, 2014

Pronk Pops Show 368: November 11, 2014

Pronk Pops Show 367: November 10, 2014

Pronk Pops Show 366: November 7, 2014

Pronk Pops Show 365: November 6, 2014

Pronk Pops Show 364: November 5, 2014

Pronk Pops Show 363: November 4, 2014

Pronk Pops Show 362: November 3, 2014

Story 1: Illegal Aliens Who Get Work Permits aka Employment Authorization Documents, Social Security Numbers and State Drivers Licenses Will Register to Vote and Vote Illegally in Elections — Democratic and Republican Parties Betray Their Oath of Office and American People — The Two Party Tyranny — Illegal Aliens Steal American Jobs and Taxes and Cancels Out American Citizens’ Votes — 30-50 Million Illegal Aliens In The United States! — Videos

THE LATEST DEMOCRAT VOTE DRIVE, OBAMACARTOONPoaching-Votescartoon - illegal immigrationcartoon obamacartoon61 immigration cartoon4immigration1obama alienspolitical-cartoon-illegal-immigrants-future-votersobama-illegal-alien-amnesty
executive order obamaobama fenceobama libertyobama-amnesty-executive-action
immigration-tsunamiillegal-aliens-obamacatchreleasevote

EAD-work-permit-front

ID

new-green-cards

sample-permanent-resident-green-card

employment-authorization-card

Kris Kobach sounds off on allowing non-citizens to vote

Obama Lies 22 Times Before Bypassing Congress on Amnesty for Illegal Aliens

Kris Kobach sounds off on allowing non-citizens to vote

Immigration Battle Analyzed by Laura Ingraham

Laura Ingraham – Immigration Is A Huge Winner For GOP In 2016 – If They Avoid Jeb Bush Trap

Come One, Come All – Hundreds Of Illegals Registered To Vote – Voter Fraud – Fox & Friends

On Fox News, Sessions Reacts To Lynch Declaration That Illegal Immigrants Have Right To Work