Archive for July, 2017

Survivors of Texas truck where 10 immigrants died seek to trade testimony for visas – Reuters

AUSTIN, Texas/NEW YORK (Reuters) - Some of the illegal immigrants who survived a deadly human-smuggling journey into Texas are seeking visas to stay in the United States in exchange for testimony against those responsible for an operation that killed 10 people on a sweltering truck, a lawyer said on Tuesday.

There is precedent for such visas and it could help U.S. authorities bring more people to justice, experts said. So far, only one person has been charged, the driver of the truck who said he was unaware of the human cargo aboard until he took a rest stop in San Antonio. He could face the death penalty if convicted.

The case could also provide a test for the administration of U.S. President Donald Trump, which has promised to crack down on illegal immigration and the criminal syndicates responsible for human trafficking.

Silvia Mintz, an attorney representing the Guatemalan Consulate in Houston, said she has contacted the U.S. Department of Homeland Security to see if it would consider granting "U visas," available to victims of crimes such as human trafficking who have pertinent information to provide law enforcement.

At least 100 illegal immigrants, mainly from Mexico and Guatemala, were crammed into the back of the truck after crossing the U.S. border.

"If we are able to establish the case, we will go ahead and seek the U visa," Mintz said in a telephone interview.

Shane Folden, special agent in charge for Homeland Security Investigations in San Antonio, said most of the people found alive at the scene are still in local hospitals. He said it was too early to talk about possible visas.

"There are a number of paths toward immigration relief for situations such as this," he said in a telephone interview, adding, "we are not at that point yet."

Of the 39 people found at the scene, 10 have died, 22 were in hospitals and seven have been released and were being questioned, he said.

Most of those aboard the truck fled before authorities could capture them.

U.S. law enforcement has granted temporary visas previously for immigrants who provided testimony in what is considered the worst illegal immigrant-smuggling case in U.S. history, when 19 people died after traveling in an 18-wheeler truck through Victoria, Texas, in 2003.

Temporary visas for about 40 people aboard that truck helped U.S. prosecutors charge more than a dozen people with conspiracy in the case, prosecutors said at the time.

Alonzo Pena, a former deputy director of Immigration and Customs Enforcement, said witnesses in the San Antonio case can be released into the community under strict conditions that could include wearing electronic monitoring devices.

Authorities would likely repatriate the others, said Pena, who runs a San Antonio consulting business, in a telephone interview.

A U-visa is valid for four years and offers a path to apply for permanent residency status. Congress limited the number to 10,000 a year, and the program is heavily oversubscribed.

Those on the truck may also try for a T-visa for victims of human trafficking.

Agent Folden said U.S. authorities want to topple the criminal groups responsible for human trafficking.

"Our primary goal is to disrupt and dismantle these organizations," he said.

Additional reporting by Jim Forysth in San Antonio and Reade Levinson in New York; Editing by Frank McGurty and Lisa Shumaker

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Survivors of Texas truck where 10 immigrants died seek to trade testimony for visas - Reuters

Essential California: Trump’s mixed message on DACA frustrates ‘Dreamers’ and foes of illegal immigration – Los Angeles Times

Good morning, and welcome to the Essential California newsletter. Its Tuesday, July 25, and heres whats happening across California:

TOP STORIES

Afraid and uncertain about the future

Ever since Donald Trump was elected, Melody Klingenfuss has known her time in the United States could be limited. The 23-year-old has temporary immigration relief under President Obamas landmark Deferred Action for Childhood Arrivals, which seemed imperiled amid Trumps vowed crackdown on illegal immigration. But instead of clear policy, Klingenfuss and thousands of other DACA recipients have faced mixed messages, contradictory leaks and a lack of clarity about their future. Inside the administration, there has been talk of deportations, only to have the president himself sound a less dire tone. Los Angeles Times

Buffetts big moves

Billionaire investor Warren Buffetts Berkshire Hathaway Energy subsidiary has gobbled up utilities and natural gas pipelines and tapped into clean energy production, including from Southern Californias abundant geothermal resources. Buffetts organization is pushing for a regional approach to delivering electricity throughout the West, with the operator of Californias electricity grid at the control switch. Los Angeles Times

Schiff gets a nickname from Trump

President Trump on Monday morning criticized the Democratic leader of the House investigation into Russian attempts to interfere with the 2016 election, calling Burbank Rep. Adam Schiff sleazy and biased. Los Angeles Times

L.A. STORIES

Kershaw on the mend: Dodgers ace Clayton Kershaw exited Sundays game against Atlanta with tightness in his lower back. The initial prognosis for Kershaws time on the disabled list is four to six weeks. Los Angeles Times

Theyll make their own database: After a court ruled that a list of 300 problematic L.A. County sheriff's deputies was secret, an advocacy group has started its own online database of officers with histories of misconduct. Los Angeles Times

More homes: Newhall Ranch is the biggest housing project in development in Los Angeles County and is moving forward after recently winning key approvals, but what does it mean for the housing crisis? KPCC

Must watch: This drone video captures some incredible scenes of L.A. landmarks as well as offbeat locations. LAist

IMMIGRATION AND THE BORDER

Speaking out: An ICE field agent, increasingly frustrated by the direction of the agency under President Trump, decided to speak out. The New Yorker

POLITICS AND GOVERNMENT

A fight for the California Democratic Party: Kimberly Ellis, who narrowly lost the race to lead Californias Democratic Party, announced Monday that she planned to appeal a party committees affirmation of the election results two days ago, a potential precursor to a lawsuit. Los Angeles Times

A lonely battle: Rep. Barbara Lee is fighting back at Republican efforts to quell her push for a speedy new war authorization bill. The Hill

Making the roads safer: Nearly 20 years ago, Assemblyman Jim Frazier lost his daughter in a fatal car accident. Now hes trying to pass legislation that would require new drivers under 21 years old to take lessons and adhere to driving restrictions during their first year on the road. Sacramento Bee

Just the facts: Southern California fact-checking site Snopes.com is asking readers to save the advertising-funded sleuthing service, which is in dire financial straits. The company is seeking donations through a GoFundMe campaign, which raised upward of $130,000 of its $500,000 goal in a matter of hours. The service has gotten much attention in the Trump fake news era. Los Angeles Times

CRIME AND COURTS

Durst in court: Robert Durst the idiosyncratic real estate tycoon accused of murdering his best friend to silence her was in a Los Angeles court Monday to hear more witnesses, including a longtime friend, testify for the prosecution. Los Angeles Times

Live-streaming a fatal crash: An 18-year-old woman was arrested Friday in Central California after recording a live video of a crash that left her sister dead, her family said. Los Angeles Times

Duff is burglarized: Detectives were investigating yet another home burglary targeting a celebrity. This time, police say, actress Hilary Duff was the victim. Los Angeles Times

Outrage in Perris: This flower lady has become an unlikely rallying cry for police justice in the Inland Empire. People Chica

Recovery center in bankruptcy: In a stunning turnaround for the once-prosperous addiction recovery center, Costa Mesas Solid Landings has filed for federal bankruptcy protection. Orange County Register

THE ENVIRONMENT

Fire is under control: Firefighters on Monday were mopping up a pair of wildfires in Southern California that briefly threatened homes in La Verne and Lucerne Valley, authorities said. Los Angeles Times

Get ready: As glaciers melt amid the heat of a warming planet, scientists predict that coastal communities in the United States could eventually experience flooding from higher tides. Los Angeles Times

Risk at play: Santa Ana children play in places with high levels of lead. ThinkProgress

CALIFORNIA CULTURE

Tax credits galore! Captain Marvel, the upcoming superhero movie starring Brie Larson as the title character, will receive more than $20 million in tax credits to film in California, making it the first Marvel Comics movie to shoot primarily in-state since 2014s Captain America: The Winter Soldier. Los Angeles Times

A dialect coach: Its the job of Samara Bay to make sure that actors and actresses in Hollywood sound right for the role theyre playing. As Peak TV has exploded, theres a growing global supply of acting talent that needs to be coached on how to correctly pronounce things. New York Times

Cool place to go: Be sure to check out the Prince restaurant in Koreatown, which might be recognizable from movies and television shows such as Chinatown and Mad Men. Curbed LA

Nostalgia abounds: Here are some of writer Sarah Fritsches favorite dishes from Bay Area restaurants that have closed. San Francisco Chronicle

Not a dry heat: This California dude learned to stop worrying and embrace Indias monsoon season. Los Angeles Times

CALIFORNIA ALMANAC

Los Angeles area: partly cloudy Tuesday, sunny Wednesday. San Diego and San Francisco areas: partly cloudy Tuesday and Wednesday. Sacramento: sunny Tuesday and Wednesday. More weather is here.

AND FINALLY

Todays California memory comes from Sean Gallagher:

I was born and raised in Cambria right next to Highway 1, the most beautiful road in the world. Building it was a nightmare, and keeping it open all the time was hellish. Convicts from the local prison hewed it from living rock and the locals kept it open, often at a heavy price. One of the latter, Ernest Skinner Pierce, was a local abalone diver like my pop. A man known for keeping his wits about him, he was an excellent diver and an even better hunter. One lovely day in 1983, after a slide had closed the road, which would take a year to open, Pierce was working his tractor moving earth when a second slide took him and his tractor into the deep blue below. They never found either. The next time you drive its meandering beautiful route, give a shout out to Skinner. He was a man who gave everything to the road, which the local paper said exists at the whim of nature.

If you have a memory or story about the Golden State, share it with us. Send us an email to let us know what you love or fondly remember about our state. (Please keep your story to 100 words.)

Please let us know what we can do to make this newsletter more useful to you. Send comments, complaints and ideas to Benjamin Oreskes and Shelby Grad. Also follow them on Twitter @boreskes and @shelbygrad.

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Essential California: Trump's mixed message on DACA frustrates 'Dreamers' and foes of illegal immigration - Los Angeles Times

Federal Judge Blocks Deportation Of 1400 Iraqi Illegal Immigrants – The Daily Caller

A federal judge in Michigan has blocked indefinitely the deportation of 1,400 Iraqi illegal immigrants, a decision that allows them to challenge their removal in federal courts.

U.S. District Judge Mark Goldsmith granted late Tuesday a preliminary injunction that lawyers from the American Civil Liberties Union (ACLU) had previously requested on behalf of a group of the Iraqis, reports CBS News. He said the suspension would give the illegal immigrants time to appeal their orders of removal, which immigration authorities suddenly enforced following a decision by Iraq in March to once again accept repatriation of its citizens.

In a 24-page order, Goldsmith argued that the governments interest in deporting the Iraqi illegal aliens, many of whom are Kurds or Chaldean Christians, does not outweigh concerns that they could face persecution in their native country.

Each petitioner faces the risk of torture or death on the basis of residence in America and publicized criminal records. Many will also face persecution as a result of a particular religious affiliation, he wrote. While cost and efficiency in administering the immigration system are not illegitimate governmental concerns, such interests pale to the point of evaporation when weighed against the potential lethal harm petitioners may suffer.

The injunction comes two weeks after Goldsmith found he had the authority to suspend deportations of the Iraqi nationals. In that ruling, the judge said many of the Iraqis never challenged their removal because doing so would have been a purely academic exercise given Iraqs previous stance on accepting repatriated citizens. (RELATED:Federal Judge Rules He Can Block Deportation Of Iraqi Illegal Immigrants)

There are 1,444 Iraqi nationals who have final deportation orders currently living in the U.S., reports Reuters. Immigration and Customs Enforcement detained about 200 of them, mostly in the Detroit metro area, during a targeted operation in June. All of those arrested had previous criminal convictions, many for serious crimes ranging from homicide to weapons and drug charges, according to ICE officials.

The ACLU sued on behalf of the detainees on June 15, arguing they could face torture or death because they were members of groups that had historically faced persecution in Iraq. Government lawyers countered that the Iraqis will not be deported to areas of the country where they are likely to face hostility.

This court and petitioners rely primarily on conditions in ISIS-controlled territory to establish harm, but no alien would be removed to that part of Iraq, Department of Justice lawyer William Silvis said in a court filing last week, according to CBS News.

Goldsmith has sided with the ACLU in multiple rulings following the initial challenge. Under Mondays order, immigration authorities must provide bi-weekly reports to the ACLU about each Iraqi in ICE custody.

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Federal Judge Blocks Deportation Of 1400 Iraqi Illegal Immigrants - The Daily Caller

Attleboro area police chiefs say high court ruling on detaining illegal immigrants not an issue – The Sun Chronicle

Police chiefs in the two largest Sun Chronicle communities say their departments have not detained undocumented immigrants for federal authorities unless they have committed crimes.

We havent had an issue, North Attleboro Police Chief John Reilly said.

Reilly said he knows of no other chief that has made it a policy of detaining undocumented immigrants solely on the wishes of federal immigration authorities.

About six months ago, Reilly said he met with officials of the state chapter of the American Civil Liberties Union and assured them his department had no policy of detaining undocumented immigrants who have not been charged with crimes.

The police department has arrested suspects for drug distribution and other serious crimes who are later found to be wanted by federal authorities, he said.

But not solely for immigration issues, according to the police chief.

Similarly, Attleboro Police Chief Kyle Heagney said the recent decision by the state Supreme Judicial Court preventing police from detaining people suspected of being in the country illegally will have no drastic effect on his department.

Heagney said police do notify the U.S. Immigration Customs Enforcement when the suspects are sex offenders, have committed a violent felony or are gang members or suspected terrorists.

Our policy is that unless an illegal alien is in one of those four categories, Heagney said, we will not take any overt action.

He added, I think it is safe to say that no community would want one of the four category persons within their community as a legal citizen or not.

Some have called for changes in the law to allow local police to act on behalf of federal agencies to help apprehend people suspected of being in the U.S. illegally.

For instance, Bristol County Sheriff Thomas Hodgson is lobbying to change the law.

In addition, the head of the Boston field office of ICE said the SJC ruling puts communities at risk.

The ruling said police officers in the state do not have the power to arrest someone not facing criminal charges, even if federal authorities have requested their detention.

C.M. Cronen, the ICE Boston field office director, said in a statement this ruling weakens local law enforcement agencies ability to protect their communities.

He says ICE is reviewing the decision to determine its next steps.

The decision came in the case of Sreynuon Lunn, who was detained by court officers in February even though criminal charges against him had been dismissed.

David Linton may be reached at 508-236-0338.

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Attleboro area police chiefs say high court ruling on detaining illegal immigrants not an issue - The Sun Chronicle

President Mike Pence Tracker: VP Is Defending Trump More Vigorously Than Ever – Newsweek

Calls for President Donald Trump's impeachment begannearly the moment he took officeand the hopes of many that he will eventually leave office before serving his entireterm have since grown. Oddsmakers in Las Vegas have even at times set betting lines that indicated they felt it was more likely that Trumpwouldn'tfinish four years in office than that he would.

This, of course, gave rise to speculation about what things would look like should Vice President Mike Pence take the top spot in the Oval Office. Just Tuesday, in fact, left-leaning online outletSalonrepublisheda post from online magazineThe Globalisttitled "President Mike Pence" that detailed how the vice president might differ from Trump if he did take over.

If there's any divide, though, betweenTrump and Pencesuch as the former governor imagining life as head honchoit certainly hasn't shown recently. Of course, it's not up to Pence whether Trump leaves office before his first term is done, but recentlythe vice president has been been right by the president's side, defending him vigorously even as the White House has devolved, yet again, into a whirlwind of controversy. The president appears to be actively trying to push out his attorney general (one of his earliest political allies); the president's son-in-law, a top White House adviser, is defending himself against accusations of collusion; and the president's son has opened a new can of worms after emails showed he previouslymet with folks connected with the Russian government in an attempt to land dirt on the 2016 Democratic presidential nominee, Hillary Clinton. Yet Pence hasn't budged as Trump's right-hand man.

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Pence's focus thisweek has been on trying to push along the GOP's effort to gut Obamacare, something Trump has sought. Pence tweeted Tuesday, "As @POTUS said, 'The American people have waited long enough. Theres been enough talk and no action. Now is the time for action.'" Healso met with Senate Majority Leader Mitch McConnell to discuss the GOP's health care efforts and stood with Trump in meeting with "families suffering under Obamacare," tweeting, "thanks to this President, help is on the way."

"President Trump knows that every day Obamacare survives is another day that American families and American businesses struggle," Pence said thisweek during that meeting "withfamilies suffering under Obamacare."

Pence even went as far as to write an editorial for Fox News this week titled "Trump's triumphs are many after only six months and he's just getting started." As one might gather from the headline, the piece lavishedpraise on Trump, who wasthe least popular president in the history of modern pollingat the six-month mark.

"It is the greatest privilege of my life to serve as vice president to a president who is fighting every single day to restore an America of freedom, prosperity and opportunity for all," Pence wrote for Fox News.

Pence did raise some eyebrowsin May when he launched a PAC, with many folks questioning if this was a sign of presidential ambitions amid Trump's many controversies. He's also vastly more popular in his own party, with Axios's Mike Allen writing in Junethat "it's widely known if they could pick between President Pence and President Trump, the Vice President would win 90 [percent]of the vote among the GOP." That idea is leaving some Trump critics hopeful. A piece in the National Memo Tuesday even predicted that amid Trump's many controversies, "members of Congress in both parties will eventually exhaust their patience, take a long look at Pence and say, 'What are we waiting for?'"

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President Mike Pence Tracker: VP Is Defending Trump More Vigorously Than Ever - Newsweek