Tag: dhs

GAO Weighs In On “Countering Violent Extremism”

The ongoing controversy and litigation over the Trump administration’s “Muslim ban” has reignited a debate that has raged since the 9/11 attacks: Who commits more domestic terrorism–violent Salafists or traditional “right wing” extremists? According to a Government Accountability Office (GAO) report, it’s the latter and by a very wide margin. From p. 4 of GAO’s report:

Of the 85 violent extremist incidents that resulted in death since September 12, 2001, far right wing violent extremist groups were responsible for 62 (73 percent) while radical Islamist violent extremists were responsible for 23 (27 percent). 

But as researchers at the Georgia State recently reported, media coverage of terrorist incidents makes it seem as if terrorism is almost exclusively perpetrated by Muslims:

We examined news coverage from LexisNexis Academic and CNN.com for all terrorist attacks in the United States between 2011 and 2015. Controlling for target type, fatalities, and being arrested, attacks by Muslim perpetrators received, on average, 449% more coverage than other attacks. Given the disproportionate quantity of news coverage for these attacks, it is no wonder that people are afraid of the Muslim terrorist. More representative media coverage could help to bring public perception of terrorism in line with reality.

That incident-media reporting disconnect is matched by another: the notion that Arab/Muslim-Americans are more susceptible to radicalization, and thus to becoming terrorists, and that there are a discreet set of reliable indicators that will tell authorities who is or is not more likely to become a terrorist. 

The same month the Georgia State researchers released their terrorism-media bias findings, the Brennan Center released a report on the state of the debate and federal “countering violent extremism” (CVE) programs. Citing dozens of empirical studies and recognized experts in the fields of criminology, psychology, and intelligence, the report states “Extreme or radical views are often assumed to lie at the heart of terrorism. But evidence shows that the overwhelming majority of people who hold radical beliefs do not engage in, nor support, violence.”

One Lesson for General John Kelly to Consider as Head of DHS

President-elect Donald Trump announced that he will appoint John Kelly, retired Marine Corps general and former commander of United States Southern Command, to lead the Department of Homeland Security (DHS).  Kelly has made many statements in support of increasing border security and appears to believe that insecurity caused by illegal behavior south of the border poses an “existential” threat to the United States. So far, I have not found any statements by Kelly that reveal his opinions on legal immigration.

David North wrote a short blog pointing out that Kelly would be the third general in charge of immigration. The others were three-star Army General Joseph May Swing (1954–1962) and retired four-star Marine General Leonard Fielding Chapman Jr. (1973–1977). General Swing was an interesting head of the U.S. Bureau of Immigrant and Naturalization.  He oversaw and led a vast increase in border enforcement and a systematic liberalization of work visas in the Bracero Program.  The latter was essential to severely curtail illegal immigration in the 1950s.      

Commissioner Swing realized that he would have to enlist the cooperation of the employers of unlawful migrant workers if he was to have any hope of shrinking the number of unauthorized workers.[i] Such enlistment required the continued deregulation and expansion of the Bracero Program to provide an alternative, legal source of Mexican workers. If the cost of employing Bracero workers was too high, farmers would just hire unauthorized immigrants as they threatened to do numerous times.[ii]  Prior to the expansion and partial deregulation of the Bracero Program in 1951, employers in the Rio Grande Valley referred to the Border Patrol as a “Gestapo outfit” that wrenched their willing unlawful workers away from employment.[iii] 

Before launching his enforcement operation, named Operation Wetback, Swing traveled and spoke to numerous audiences and farmers assuring them that their unlawful workers would be replaced with legal workers from Mexico on a Bracero work visa.[iv]  In Swing’s words, the purpose of a ten-day trip to visit farmers along the border prior to the launch of Operation Wetback was to tell them: “If there is any employer who cannot get legal labor all he has to do is let either the Department of Labor or Immigration know and we will see that he gets it … I am quite emphatic about this because I know I am going to run into some opposition in Southern Texas.”[v]  As a result, the illegal immigrant population cratered and was replaced by a legal workforce.

DHS: Even-handed Enforcer or Punisher of Select States?

Just over a month ago, another Department of Homeland Security deadline for state compliance with the provisions of the REAL ID Act passed. It was but the most recent in a series of deadlines DHS has improvised since the statutory May 2008 compliance date passed without a single state participating in the national ID program.

Time and again, when faced with resistance from the states, DHS has backed down. But the agency has had more success goading states toward compliance since it stopped issuing deadline extensions in the Federal Register and took the process offline to deal directly with individual states. Divide and conquer works.

A new series of deadlines assigns different states to one of three dates—January 30th, June 6th, and October 16th, 2017—depending on where they are in the compliance process. If the states in each category have not sufficiently answered to DHS by the relevant date, DHS will judge them non-compliant. As it has so many times before, DHS says their residents will then be at risk of having their state-issued IDs refused for federal purposes.

Because so much of this is happening behind the scenes, it is hard to gauge how DHS is choosing which states to play hardball with and which states to treat with kid gloves. But the staggered compliance deadlines have the feel of meting out punishment to states that have been the most vocal in their resistance to REAL ID. It does not have the feel of an agency neutrally enforcing a generally applicable law.

Consider the earliest group, which has a January 30th, 2017 deadline. It consists of Kentucky, Maine, Montana, Oklahoma, Pennsylvania, and South Carolina (as well as the U.S. territories of Guam and the Virgin Islands). DHS already considers Minnesota, Missouri, and Washington State “non-compliant” with REAL ID.

What Massachusetts Needs Is a Legislature More Like the U.S. Congress, Said No One Ever

The Massachusetts legislature is currently debating the state government’s budget for the new fiscal year which begins July 1st. This phenomenon—finalizing a spending plan before the beginning of the fiscal year—is something rarely seen in the U.S. Congress any more. Kudos, Bay State, for surpassing the low bar set in Washington, D.C.

But the General Court of Massachusetts is taking one page from the U.S. Congress’s tattered playbook. According to WRAL news, it may attach national ID compliance legislation to the budget bill.

That’s how Congress passed the ill-conceived REAL ID Act back in 2005. There were no hearings on the national ID issue or the bill that gave us one. Instead, the Republican House leadership attached the national ID law to a must-pass spending bill and rammed it past the Senate to President Bush, leaving states to grapple with implementation challenges and Department of Homeland Security belligerence ever since.

As in many states, the U.S. DHS has been telling Massachusetts legislators that they have to get on board with the national ID law, issuing licenses and ID cards according to federal standards, or see their residents refused at TSA’s airport checkpoints.

The threat of federal enforcement in 2016 was broadcast loud and clear last fall. Then in January DHS kicked the deadline a few more years down the road. It’s hard to keep track of the number of times DHS has set a REAL ID deadline, then let it slide when elected state officials have declined to obey the instructions of unelected DHS bureaucrats.

Minnesota has had a similar experience. Last winter, its legislature was spooked into creating a special “Legislative Working Group on REAL ID Compliance.” But Minnesota just ended its legislative season without passing REAL ID compliance legislation. There are a few people there who recognize the demerits of joining the national ID system, and Minnesota elected officials may have figured out that when DHS bureaucrats say “Jump!” they do not have to ask “How high?”

The General Court has done better than the U.S. Congress on REAL ID by holding hearings before acting. In 2007, then-Massachusetts Attorney General Martha Coakley testified before the Joint Committee on Veterans and Federal Affairs.

On REAL ID, DHS Caves Once Again

After menacing states across the country this fall, the Department of Homeland Security has once again caved on threats to enforce REAL ID by denying Americans their right to travel.

This afternoon, DHS Secretary Jeh Johnson put out a press release backtracking on agency claims that the Transportation Security Administration would turn away air travelers from states that don’t comply with the U.S. national ID law in 2016.

The new deadline, according to Secretary Johnson’s statement, is January 22, 2018. That’s sure not 2016. That’s more than two years away.

REAL ID, Rumor Control, and You

The Identity Project says that a new DHS “Rumor Control” web page lies about the REAL ID Act. That may be true, but a lie is an intentional misstatement, and we don’t know if the PR professional who wrote the material on that page knows the issues or the law. Let’s review the record, taking each of the rumors DHS addresses in turn, so that the agency doesn’t misstate the federal government’s national ID policy in the future.

Obama Administration Cuts Interior Enforcement

Shortly before Christmas, the Department of Homeland Security (DHS) released a report detailing deportations (henceforth “removals”) conducted by Immigration and Customs Enforcement (ICE) during fiscal year 2015.  Below I present the data on removals in historical context – combined with information from the Migration Policy Institute and Pew.  See my previous writing on this topic here, here, and here.       

ICE deported 69,473 unauthorized immigrants from the interior of the United States in 2015, down from a peak of 188,422 in 2011.  Removals from the interior are distinct from removals of recent border crossers.  Removals from the interior peaked during the Obama administration and have since fallen to a level similar to that of 2005 and 2006. 

Source: MPI and DHS.

The number of interior removals during the last six years of the Bush administration (the first two years are unavailable so far) was 475,103. The Obama administration has removed unauthorized immigrants about 1,019,637 from the interior of the United States during the seven full years of his administration.  

President Bush’s administration removed an average of about 276,000 unauthorized immigrants per year for the years available and an average of 79,000 of them annually were interior removals.  President Obama’s administration has removed an average of 381,101 unauthorized immigrants a year, an average of 145,662 of them annually were interior removals.  There were a large numbers of unknowns during the Bush administration that decreased as the years progressed. 

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