"Kill by any means": Jordan-born Texas resident sentenced to 30 years on terrorism charges

He was arrested and taken into custody at the Dallas Fort Worth International airport where he attempted to board a flight to Amann, Jordan and now this 42-year old Dallas, Texas resident will spend 30 years in prison after being convicted on terrorism charges.

From the United States Attorney's Office, Northern District of Texas:

A 42-year-old Dallas, Texas, man has been sentenced to 30 years in federal prison following a conviction for multiple terrorism charges.

Following a three-and-a-half day trial, Said Azzam Mohamad Rahim, a 42-year-old United States citizen, was convicted in May of one count of conspiracy to provide material support to a designated foreign terrorist organization (FTO), one count of attempting to provide material support to an FTO, and six counts of making false statements involving international terrorism to federal authorities.

“Rahim spread the violent message of ISIS online,” said Assistant Attorney General for National Security John C. Demers.  “He also attempted to travel to support ISIS and then lied to FBI when questioned about his activities.  This sentence is the consequence of his criminal activities and a clear message to others who would consider following in his footsteps: don’t.” 

 “Mr. Rahim embraced a warped ideology on social media, promoting violence against innocent people, including Americans,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas.  “The Justice Department is committed to combatting terror at home and abroad.”

According to evidence presented at trial, Rahim moderated a social media channel dedicated to recruiting fighters for the Islamic State of Iraq and al-Sham, or ISIS, a State Department designated terror group.  

Rahim used Zello, a push-to-talk direct messaging application, to promote violence in ISIS’s name, prosecutors said.

Records showed he spent years on Zello’s “State of the Islamic Caliphate” channel, where he touted acts of terror under various monikers: 

“Kill and do not consult anyone,” he said in July 2016.  “Kill by any means, smash his head on the wall, spit in his face, burn -- I mean anything, anything – poison, anything.” 

Read the rest here.

DeSantis, Cruz, Patrick attend White House roundtable on education choice

President Trump held a school choice round-table in the Cabinet Room yesterday at the White House. Invited participants included Florida Governor Ron DeSantis, Texas US Senator Ted Cruz, Texas Lt. Governor Dan Patrick, Utah US Senator Mike Lee, Education Secretary Betsy Devos, Special Advisor to the President and former Florida Attorney General Pam Bondi.

President trump commented on the release of IG Horowitz compliance report and the Democrats destruction of the Rule of Law and the fundamental principles of our legal system.

Office of the Press Secretary FOR IMMEDIATE RELEASE December 9, 2019

THE PRESIDENT:  Okay, thank you very much.  The IG report just came out, and I was just briefed on it, and it’s a disgrace what’s happened with respect to the things that were done to our country.  It should never again happen to another President.  It is incredible.  Far worse than I would have ever thought possible.  And it’s — it’s an embarrassment to our country.  It’s dishonest.  It’s everything that a lot of people thought it would be, except far worse.

So I’m going to get some very detailed briefing — briefings.  But they are — it’s a very sad — it’s a very sad day when I see that; a very sad day when a lot of people see that.  They had no nothing.  It was concocted.  And you say what you want — that was a — probably something that’s never happened in the history of our country.

Pam Bondi, I think you were able to look at some of the report and can address a little bit of it very well, if you might say a few words.  I’d like to ask Kellyanne; I know you looked at it also.  Please.

MS. BONDI:  Sure, President.  You know, so many of us who are career law enforcement today are outraged.  And I think the American people really should be terrified that this could happen to you when we’re supposed to live in a society of integrity and honesty.

And this happened to the President — not just to the President.  You know, this should be a good day, but it’s not.  It’s a horrible day for the country that this could had happen to the President of the United States, that they could fabricate, falsify e-mails, lie, and omit exculpatory evidence in order to continue this witch hunt against the President of the United States.

And this is just the tip of iceberg.  Now we have the Durham investigation.

THE PRESIDENT:  Thank you very much.  Kellyanne, please?

MS. CONWAY:  Mr. President, thank you.  I was the campaign manager during that time, and I would ask a simple question: Why no defensive briefing?  Why not contact the Trump campaign?  Why not contact candidate Trump or Governor Pence, or Governor Christie, who at the time was arranging for the intelligence briefings for candidate Trump and was a public servant, a government official at that time, as Governor of New Jersey, with a full intelligence security clearance to receive that type of information.

So you can’t blame people for feeling that it was unfair and that the fix was in.  And to think that perhaps people lied and spied and tried to subvert democracy just because they wanted someone else to win, or just because they have a different political point of view, that is not the way the world’s greatest democracy has been formed and can survive at a time such as this.

I will just repeat something that Attorney General Barr said today, Mr. President: that this was an intrusive investigation of the U.S. presidential campaign on the thinnest of suspicions.  And that is chilling language for any of us who want our government to work for us and not against us.

I only wish they had have come and informed us, Mr. President, and we could have had the knowledge and the wherewithal to act at that time, and not put the taxpayers through two-plus protracted years of nonsense.

Thank you, sir.

THE PRESIDENT:  Well, they fabricated evidence and they lied to the courts, and they did all sorts of things to have it go their way.  And this was something that we can never allow to happen again.

The report, actually — and especially when you look into it, and the details of the report — are far worse than anything I would have even imagined.  What they were doing and what they would have done if I didn’t make a certain move — a certain move that was a very important move because it would have been even worse, if that’s possible.  And they might have been able to succeed.

This was an overthrow of government.  This was an attempted overthrow.  And a lot of people who were in on it, and they got caught.  They got caught red-handed.  And I look forward to the Durham report, which is coming out in the not-too-distant future.  It’s got its own information, which is this information plus, plus, plus.

And it’s an incredible thing that happened, and we’re lucky we caught them.  I think I’m going to put this down as one of our great achievements.  Because what we found and what we saw never, ever should this happen again in our country.

With that, today we gather to discuss the urgent national priority that we’ve been working on so long and so hard: expanding education freedom through school choice so that every American child can get a great education.

We’re grateful to be joined by Vice President Mike Pence, Secretary Betsy DeVos, Senators Ted Cruz and Mike Lee, Representative Bradley Byrne, Florida Governor Ron DeSantis, Texas Lieutenant Governor Dan Patrick, Pennsylvania House Speaker Mike Turzai, Tennessee State Representative John DeBerry, and students, parents, and teachers from across the nation.  Some wonderful, brilliant students are with us.  And we’re going to be having a big session in a little while.

Read the rest here

Florida Senator Marco Rubio wants unvetted, unlimited supply of foreign nationals imported into America

The senior U.S. Senator from Florida is a co-sponsor of a bill that, if passed and signed into law would import unvetted foreign nationals in unlimited numbers from Syria and Iraq into the United States.

Senate Bill S.  2641, a bill to promote United States national security has a section labeled "Promoting Stability in Syria" that might encourage stability in THAT country, but create chaos and instability in communities and school districts in OUR country. 

The United States and most notably cities in the State of Florida are currently home to Congolese imported by refugee resettlement groups who, public records reveal, are not accustomed to attending school and cant get along with the other kids.

Then there's the Venezuelans in the Tampa Bay area who, again per public documents, expressed their intent to flout our laws and remain in Florida without lawful status and without documentation. 

Section 202 - United States Refugee Program Priorities of S 2641 allows for certain Syrians and Iraqis, and their family members to qualify for admission to the U.S. as refugees. Their numbers would not count towards any existing numerical limitation and "shall be deemed (aka no need for vetting of their background) to satisfy the requirements under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for admission to the United States."

So here's the deal with the Congolese in Florida.

Back in June this blog published a report titled " Uh-oh; Congolese refugees stressing Florida educational system" which disclosed comments from a Florida Department of Chlidren and Families Refugee Task Force meeting:

A service provider involved in resettling Congolese nationals in one Florida county recently explained a key issue facing the Tallahassee area is also facing school districts across the entire state, “especially those with Congolese refugees.” 

Documented in the minutes of a March 12, 2019 Refugee Task Force meeting held in Leon County, home of Tallahassee, the state capitol, comes this informative nugget from the state refugee services program director: 

“Patti Grogan, The Refugee Services Program Director made the first presentation to give the participants a historical perspective to the growth and status of the program during the past 15-20 years. This perspective was compared to the political events of the previous years to what is currently occurring during 2019. As services for refugees have only begun to take effect during the past 5 years in Leon County most participants did not have a frame of reference from previous years. 

She explained that the other refugee services programs in Florida have experienced a huge decrease in the numbers of new clients arriving in their counties. Ms. Grogan did confirm that many of the challenges and important issues facing refugees in Tallahassee are also being experienced around Florida especially those with Congolese refugees.”

What type of challenges and important issues were school district with Congolese refugees facing? A second presentation by Ms. Bilic from International Rescue Committee (IRC), the Comprehensive Refugee Services provider in the NW Region, Leon County followed up with:

“The educational system is feeling the stress with so many refugees in a few schools while working with those who have never attended school before while in refugee camps. 

As IRC reminds the participants that while addressing the important need of learning English in the schools, the students are struggling with reading and writing skills. Mr Beasley will focus his efforts on the tutoring needs of the children during both their R&P and Case Management involvement. The students are eager to go to school, but the older students often struggle at first with their social involvement. “

And what's up with the Venezuelans in Tampa who could care less about our legal system and the Rule of Law? 

In an article posted earlier this summer titled "Why Congress should not pass a TPS “amnesty” for Venezuelans" I again published an excerpt from a Florida DCF refugee task force meeting recap outling the arrogance of over 20,000 Venezuelans in the Tampa area who, according to Casa de Venezuela could give a hoot about our laws, proclaiming from on high that they'd stay anyway.

An announcement was made to 63 attendees of the Tampa Bay Area Refugee Task Force meeting held January 22, 2019. 

“…a brief announcement by Norma Reno, president of the Casa de Venezuela of Tampa Bay organization. She announced that there are currently over 20,000 from Venezuela in the Tampa Bay area. While some are seeking asylum, many are also concerned about being denied asylum and are staying in the community without documentation. Casa de Venezuela is offering English classes & civic classes to educate the community as well as support services for those in need. Task Force members will stay connected with this and other organizations serving those from Venezuela to ensure that they are aware of the services we can provide for those who qualify and are in need.

Yeah, well  Venezuelans currently in Florida should be worried about the denial of an asylum application, especially if their visa to enter the U.S. was obtained through fraud or their entry to the U.S. through misrepresentation. 

So, no more vetted and especially no more unvetted people imported into the country with our tax dollars. United States Senators want to help folks in Syria and Iraq--fine--- they can help them in their own back yard--over in Syria and Iraq and ONLY after ensuring all homeless and jobless American citizens are helped first.

BTW, that former American Airlines mechanic charged with sabotaging an airplane--the one denied bail because he was determined by a Federal court judge to be a flight risk--guess where he and his family are from?

 

Another aviation safety issue in Miami- this time it's bribery

A former Federal Aviation Administrator (FAA) safety inspector was sentenced to 75 months in prison after a jury convicted him of twenty-one criminal counts related to his participation in a bribery and fraud scheme, the U.S. Attorney's Office in Miami, Florida announced yesterday.

Over a three-year period Manuel R. Fernandez, 42, of Miami,served as a FAA Aviation Safety Inspector with the FAA South Florida Flight Standards District Office (“FSDO”). Patricia Suarez and Rolando Suarez were the co-owners, officers, and directors of AVCOM, a Miami aviation repair company, which was subject to the jurisdiction and official responsibility of the FAA South Florida FSDO.  

The evidence showed that, at the same time he was working for the FAA, Fernandez also held various positions at AVCOM, including Vice President of Operations.

Miami, Florida - In exchange for Patricia Suarez and Rolando Suarez corruptly providing over $150,000 in cash, as well as jewelry, a cruise, clothing, and approximately $15,000 funneled to Fernandez’s mother, Fernandez violated his lawful and official duties as an FAA Aviation Safety Inspector.  

Fernandez provided AVCOM with advanced notice and warnings as to pending FAA inspections of AVCOM, disclosed financial information about AVCOM’s competitors, and provided AVCOM with improperly obtained aviation repair manuals produced by original equipment manufacturers such as Honeywell and Delta, saving AVCOM from paying vast sums of money for this proprietary information.  

The evidence further showed that Fernandez provided materially false statements to the FAA and DOT in order to hide his participation in these AVCOM-related activities. Additionally, Fernandez submitted a fraudulent sick leave request to the FAA, utilizing a forged doctor’s note.

Read the rest here.

This conviction comes on the heels of County Examiners coverage here, here and here of the former American Airlines mechanic in Miami charged in Federal court with sabotage of an airline. 

A jury trial date is set for Abdul Majeed Marouf Ahmed Alani on December 9, 2019. The case is 1:19-cr-20603 in United States District Court, Southern District of Florida.

Ninth Circuit paves the way for implementing public charge statute, but....

Earlier this morning White House Press Secretary Stephanie Grisham issued a press release announcing the Ninth Circuit lifted two district court injunctions, paving the way for the Trump Administration implementation of a statute passed by Congress. For over a century that statute declared any alien who is likely to become a public charge is inadmissible to the United States.

However, two other nationwide injunctions issued by individual district court judges in New York and Maryland remain and those orders prevent the regulation from being applied anywhere—even in the Ninth Circuit. 

Office of the Press Secretary FOR IMMEDIATE RELEASE December 6, 2019

Statement from the Press Secretary Yesterday, the Ninth Circuit lifted two district court injunctions and held that the Trump Administration should be able to enforce a regulation implementing a statute passed by Congress that has declared for over a century that any alien who “is likely at any time to become a public charge is inadmissible.”  The new regulation replaced guidance issued by the Clinton Administration in 1999 that had unduly narrowed the Federal statute.  The Ninth Circuit has rightly recognized the Administration's authority to adopt an interpretation of the “public charge” restriction more faithful to and consistent with the scope of the statute passed by Congress. Unfortunately, as a practical matter, the ruling has accomplished nothing to vindicate the rule of law due to the destructive practice of individual district judges taking over national policy issues by issuing nationwide injunctions.   Although the Ninth Circuit lifted the two injunctions issued by district courts within the Ninth Circuit, two other nationwide injunctions have been issued by individual district judges in New York and Maryland—and those orders prevent the regulation from being applied anywhere—even in the Ninth Circuit.  In practical effect, nationwide injunctions give any district judge the power to tell a panel of a Federal court of appeals that its ruling does not matter and that it cannot affect the actual implementation of the law.  Such subversions of the rule of law must come to an end.  The judicial system must address the grave danger that nationwide injunctions present and ensure that district courts do not grossly overstep the role the Founders intended in our careful system of checks and balances.

Another illegal alien arrested in Florida- this time for brutal assault of Federal DHS agent

Florida Democrats fought with all their might against Governor Ron DeSantis's bill SB 168 banning sanctuary jurisdictions and requiring local and state law enforcement agencies and entities honor immigration detainer requests ban during the 2019 Legislative session. 

Not the 2018 case of the Fort Myers police officer shot and killed in the line of duty by an illegal alien visa-overstay nor the 2017 case of two paramedics in Jupiter killed by an illegal alien driver charged with the driving while intoxicated second degree felony death of the EMTs would sway the Democrats steadfast objections to the rule of law and supporting the lives of all Florida first responders and law enforcement.

Florida Democrats just didn't think law enforcement should cooperate with the Feds to remove dangerous illegal aliens from Florida communities; Governor DeSantis was right to push the Legislature to pass that bill.Opponents called it "one of the worst anti-immigrant laws in the country."

Now in just a few seven months after the Governor signed the bill into law comes ANOTHER illegal alien arrested in Florida only this time for the brutal assault of a federal agent.

Jorge Asencion Monge, 48 years old and an illegal alien living in Bonita Springs, Florida was arrested and booked into the Lee County jail on November 14, 2019 on charges of first degree felony assault on a federal Department of Homeland Security agent and second degree felony resisting arrest with violence. And YES, the jail booking records reflects he was subject to an ICE hold. 

According to the arrest record reviewed by County Examiner, the Lee County Sheriff's Office received a call for assistance from two Department of Homeland Security agents the evening of November 14. Due to an incident at a federal hearing that took place on an unknown date and regarding a fake identity the agents were out in the community to take Monge into custody.

The probable cause statement explains how Monge assaulted one of the DHS agents after also making a move for the agents firearm.

Think about it.

Monge HAD a prior interaction with law enforcement and that's when ICE should have taken him into custody--THATS why honoring immigration detainer requests with other jurisdictions in accordance with the rule of law and passing SB 168 was necessary.

Jones County prison finally opens 10 years after construction

The West Texas county borrowed in excess of $ 7 million dollars nearly ten years ago to construct a new prison at the request of the state of Texas and now the facility will finally open. 

In a press release dated December 3, 2019 Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) announced a new detention facility will open next week in Jones County, Texas.

ANSON, Texas — (emphasis mine)The field office director (FOD) for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) for Dallas, Texas, is announcing a new ICE detention facility that’s officially opening during the week of Dec. 9.

FOD Marc J. Moore explained that the new ICE facility was actually built in 2010 by the state of Texas to house inmates for the Texas Department of Criminal Justice.  However, the facility has never been used. 

BBDC operates from an intergovernmental service agreement (IGSA) between ICE and Jones County, Texas.  The facility is managed by Management and Training Corporation (MTC), which will be overseen by ICE officers.  The new facility will house about 1,000 ICE detainees as they await the outcomes of their immigration proceedings, or their removal to their countries of origin.  IGSAs are contractual agreements made between government agencies. 

Most of the facility will house men; however, one separate section has been designated to house up to 72 women.  

BBDC has 25 housing units within about 100,000 square feet.  The 42-acre plot is big enough to easily accommodate expansion, if needed in the future.

According to bond disclosures of the Jones County Public Facility Corporation County Jail Project posted December 2, 2009 revenue bonds totaling $7,880,000 were issued by Jones County Public Facility Corporation, a nonprofit public corporation and instrumentality of Jones County, Texas.

Could E-Verify have prevented the death of a Florida snowbird?

As more details emerge about the circumstances surrounding the forklift operator arrested for the fatal death of a Canadian snowbird in a hit-and-run crash in Fort Lauderdale, a question that should really be asked is "could this death have been prevented if Florida had passed a mandatory E-Verify bill for businesses?"

Let's back up a few days.

Several South Florida media outlets including WSVN and Local10.com reported the November 17, 2019 arrest of a forklift operator accused with the fatal hit-and-run crash into a Mercedes in Fort Lauderdale.

Broward County public records reveal 30-year-old Ulises Alberto Mondragon Umanzor was arrested on charges of leaving the scene of a fatal crash, driving without a license and failure to stop at a stop sign.

From Local10.com (emphasis mine):

"A black Mercedes-Benz convertible was traveling south on Seabreeze Boulevard approaching Poinsetta Street when it crashed into a forklift being driven to a nearby construction site. 

Police said the driver of the convertible was struck by the forks as they protruded out into Seabreeze Boulevard. 

Witnesses said the operator of the forklift, identified as Ulises Alberto Mondragon Umanzor, drove away after the crash and headed towards the construction site where he was working. 

A police probable cause affidavit shows that Mondragon Umanzor had a suspended drivers' license and didn't have a license to operate heavy machinery."

WSVN in Miami reported the driver, James Zakos — a father of two and former restaurant owner from Canada– was a snowbird who loved to be in South Florida driving his convertible and enjoying the weather

Public records under Broward County case number 19013717CF10A  also reveal Mondragon Umanzor is subject to an ICE hold meaning he is not lawfully present in the United States.

To recap:

• Public records reveal the forklift operator is not lawfully present in the U.S.
• Law enforcement records show the forklift operator had a suspended drivers' license
• Law enforcement records reflect the forklift operator didn't have a license to operate the forklift

OSHA (Occupational Safety and Health Administration) imposes fines and penalties on forklift operators and employers.

According to Forkliftlicenseguide.com.

• In December 2010, OSHA penalized a freight carrier company in Rhode Island for $76,000 after an operator suffered foot injury. The authority determined many counts where the lift truck was being operated incorrectly, resulting in worker injury.

• In February 2013, OSHA imposed $91,000 fines against a Chicago-based company after a worker was injured in an accident involving company’s forklift. The case arose when an OSHA inspector found lapses in the company training of the operator and a check of its license.

• In October 2014, a transportation firm located in Michigan was cited for willful and repeated OSHA violations. The alleged violations ranged from simple non-provision of fall protection to defective and non-maintenance of lift trucks. The company faced $145,000 monetary fine.

• In April 2016, OSHA cited several citations against United States Postal Office in its Iowa center. The complaint started when a person exposed that lift truck operators are jeopardizing their safety when handling loads and driving the trucks without clear view or visual to the direction. Despite this, USPS failed to rectify the violations. There are three violations, two repeated and one serious. The facility is now facing $88,000 fines.

Do you see why these OSHA rules exist?

Any forklift in the hands of an untrained unskilled unlicensed operator should be considered a lethal weapon. According to mccue.com, it shouldn't come as a surprise that a forklift is a dangerous piece of machinery. There are some pretty grim accident statistics to back up the notion that, in reality forklifts account for 1% of all warehouse or factory accidents, however the accidents tend to be more serious than others accounting for 10% of all physical injuries in the workplace.

Five Accident Statistics

• Forklifts account for around 85 deaths every year.
• Forklift accidents that result in serious injury total 34,900 annually.
• Non serious injuries related to forklift accidents reached 61,800 each year.
• A forklift overturning is the most common accident, accounting for 24% of all forklift accidents.
• "If companies implemented more stringent training policies, the Occupational Safety & Health Administration (OSHA) estimates that about 70% of forklift accidents in the US could be prevented “

Then there's the matter of Umanzor being subject to an ICE (Immigration and Customs Enforcement) hold, meaning he is not lawfully present in the U.S. Did Umanzors employer voluntarily use E-Verify to confirm his employment eligibility? It's certainly a legitimate question to ask. 


E-Verify, authorized by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

From USCIS website:

In the E-Verify process, employers create cases based on information taken from an employee’s Form I-9, Employment Eligibility Verification. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).

The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.

E-Verify is administered by SSA and U.S. Citizenship and Immigration Services (USCIS). USCIS facilitates compliance with U.S. immigration law by providing E-Verify program support, user support, training and outreach, and developing innovative technological solutions in employment eligibility verification.

A January 2011 GAO report on E-Verify acknowledged USCIS took multiple steps to improve the accuracy of of the E-Verify system, including expanding the number of databases queried through E-Verify. 

And in 2012; one year after the GAO report was made public in 2011, the State of Florida joined the Records and Information from DMVs for E-Verify (RIDE) for drivers licenses and ID cards.

Could the death of this Canadian snowbird have been prevented if Florida had passed a mandatory E-Verify for businesses bill? 

The Florida Legislature will have the opportunity to publicly debate that very topic of Mandatory E-Verify for business again once the 2020 Legislative session convenes in January.

SB 664 is the Verification of Employment Eligibility bill filed in the Florida Senate. Introduced by Senator Tom Lee and co-introduced by Senator Joe Gruters, if passed and signed into law, the Act would require employers to register with and use the E-Verify system beginning on a specified date to verify the employment eligibility of new employees.

The information related to forklift deaths and forklift accidents only represents a small concern for the overall number of individuals who are unskilled, untrained, and in many cases undocumented in our workforce.

We need to bring this practice to a halt and make companies realize that Mandatory E-Verify is a method for Florida employer’s to save money as opposed to spending money for injury, loss of life, fines, penalties, and other damages they incur by hiring undocumented immigrants.

President Trump remarks after touring Apple facilities in Austin, Texas

On November 20, 2019 President Donald J. Trump spoke to reporters after touring the Apple facility in Austin, Texas with CEO Tim Cook.

Courtesy of C-SPAN:

Office of the Press Secretary FOR IMMEDIATE RELEASE November 20, 2019

REMARKS BY PRESIDENT TRUMP AFTER TOUR OF APPLE MANUFACTURING PLANT Flextronics International Ltd. Austin, Texas   3:52 P.M. CST THE PRESIDENT:  Well, thank you very much.  It's an honor to be here.  We're seeing the beginning of a very powerful and important plant.  And anybody that followed my campaign, I would always talk about Apple -- that I want to see Apple building plants in the United States.  And that’s what's happening.  And having -- Tim Cook is somebody that I greatly respect -- a great leader, a great businessman.  And it's a very special day.  For me, this is a very special day.      Our country is doing well, probably better than ever before, certainly from the standpoint of the economy.  And we're in a state that I love: Texas.

Texas among top states for individual DACA requestors with an arrest record

U.S. Citizenship and Immigration Services (USCIS) released data from 2012 through October 2019 regarding arrest data for requestors of Deferred Action for Childhood Arrivals (DACA). The report shows that 79,398 DACA requestors approved with a prior arrest comprise 10.38% of the 765,166 DACA requestors approved.

The states of California, Texas and Illinois top the list of  DACA requestors arrested by last known state of residence according to the analysis below:

Arizona, Colorado, Florida, North Carolina, New York and New Jersey comprise the secondary tier. 

77,833 DACA requestors were denied or terminated from the program; over 38% or 30,132 of them with an arrest.

The USCIS report identifies only arrests, not convictions.

Of nearly 770,500 DACA requestors 43,662 had more than one arrest or apprehension, including  7926 for theft/ larceny, 6729 for battery & assault, 3053 for obstruction & false claims and 974 arrests for weapons-related charges.

Read the report here, including the notes with additional detail on how arrests are defined and offenses categorized.

German national charged with felony death of Lee County pedestrian overstayed her visa

County Examiner has obtained more information more about the driver charged with the first degree felony death of a pedestrian on Colonial Boulevard in Fort Myers, Florida the evening of Wednesday September 19, 2019.

Public records reviewed by County Examiner reveal a Department of Homeland Security detective told the Traffic Homicide Investigator that Beatrix Lutz, a German national, entered the United States on July 19, 2008 and was supposed to return to Germany on January 18, 2009. 

Lutz failed to comply with her visa and remained in the United States illegally for the past ten years. The THI on the scene was also advised the German driver license provided by Lutz was not valid nor could Lutz obtain a Florida driver license due to her illegal status.

Court filings reveal Lutz retained private defense counsel.

On October 18, 2019 the Lee County Sheriff's Office was provided notice of an immigration detainer filed on Lutz, required pursuant to Florida Statute Chapter 908.

Lutz is due back in court for a bond hearing on Monday November 25 at 9 a.m.

The case is 19-CF-000466.

Judge rules blood test results of driver charged in 2017 Palm Beach County ambulance crash that killed two paramedics cannot be suppressed

A Palm Beach County judge denied a defense request to prevent the results of a blood test taken on the driver charged with the June 2017 driving while intoxicated second degree felony death of two paramedics in Jupiter, Florida from being entered into evidence

Palm Beach County public records dated November 8, 2019 reveal the attorney defending Guatemala native Genaro Delacruz Ajqui in the death of paramedics Paul Besaw and Lahiri Garcia was unsuccessful in his effort to claim an illegal blood draw. 

While the Fourth Amendment clearly provides all searches of persons and property are unreasonable absent a warrant or exception, in the State of Florida all licensed drivers consent to give breath or blood in exchange for the privilege to drive under Florida State Statute 316.1932 (1) (c).

The process of attempting to find Delacruz Ajqui mentally deficient to proceed to trial and waving his right to a speedy trial has also slowed the day of reckoning in this case.

Having been declared indigent after his June 2017 arrest and citing traumatic brain injury in addition to anxiety disorder, Ajqui was found mentally incompetent to proceed almost one year after his June 2017 arrest  when in May 2018 he was remanded to a Florida Department of Children and Families mental health facility for six months. Court records reveal defendant Ajqui was subsequently found competent to proceed to trial in a December 2018 status check.

Although this WPTV news report cited a spokesperson for Immigration and Customs Enforcement (ICE) statement that: 

"ICE lodged a detainer on Genaro De La Cruz , a citizen of Guatemala, with the Palm Beach County Jail after he was arrested on local charges.", 

the arrest report on file with other court documents does not nor does the arrest & bond section of the county website indicate if Ajqui is lawfully present in the United States.

Nearly two and one-half years after his arrest Ajqui has been order to appear in court again on January 3, 2020.

Florida's "Better Safe Than Sorry" Legal Standard for Confiscating Your Property---and other cases on the radar screen

A number of intriguing cases are percolating within several county and district courts in Florida. As is my practise I've included court names, case numbers and styles to assist any of you legal wonks who enjoy researching these cases.

Here's a summary of the legal actions we're following:

Photography is not a crime

Case No.: 2:19-cv-0484 in United States District Court, Middle District of Florida: On October 31, 2019 the City of Punta Gorda responded to the plaintiffs motion for preliminary injunction to a lawsuit in federal court pertaining to a recording prohibition contained within Chapter 15 of the City Code. 

In court filings reviewed by County Examiner, the City asserts only persons who engage in legitimate public business with city officers or employees are authorized to access certain public properties,therefore someone who is a non-resident wouldn't and doesn't have a constitutional right to use public spaces at all times and under all circumstances.

Non-US Citizens Can't Get their Story Straight at U.S, Port of Entry

Miami Dade County, cases F-19-020143 through 146 involve four flight attendants arrested at Miami International Airport in October 2019 on charges of money laundering and unauthorized money transfer. Court records reveal all four are subject to immigration holds and are due back in court for arraignment on November 20, 2019.

Was it terrorism?

Case 1:19-cr-20603 in United States District Court, Southern District of Florida: a jury trial date is set for December 9, 2019 before Judge Marcia Cooke for Abdul Majeed Marouf Ahmed Alani. The former American Airlines mechanic was charged with sabotaging an airplane in July 2019. Few news outlets other than County Examiner reported on and published court documents revealing the presence of an Arabic translator during courtroom proceedings. 

Florida's "Better Safe Than Sorry" Legal Standard for Confiscating Your Property

Florida's Second District Court of Appeals heard oral arguments in case number 18-4631 styled DTM v Grady Judd, Sheriff of Polk County challenging the states' risk protection order act section of SB 7026. 

In her brief and arguments before the court, Orlando attorney Kendra Parris makes public the Constitutional concerns set forth in this firearm confiscation act, specifically the due process and vagueness concerns, the selective application and unlawful delegation of legislative and prosecutorial authority in violation of the Florida Constitution.

In Jefferson Eugene Davis v Gilchrist County Sheriff's Office, case 1D18-3938 Florida's First District Court of Appeals upheld the statutes constitutionality, finding no abuse of discretion or denial of due process. I'm forecasting the ERPO Act will eventually end up in front of the Florida Supreme Court.

Visa Overstay charged with First Degree murder of Fort Myers Police Officer

A competency hearing is scheduled for December 19, 2019 in case 2018-CF-017498 styled The State of Florida v Wisner Desmaret. 

Lee County Court records reveal an ICE (Immigration and Customs Enforcement) hold placed on the man facing first degree premeditated homicide of a Fort Myers police officer in 2018. Desmaret is also charged with first degree robbery with a firearm, battery on an officer - firefighter - EMT, aggravated assault on an officer - firefighter- EMT and grand theft. 

 

Texas State Senator Bettencourt after reading TEA report calling for State takeover of the Houston Independent School District.

Houston, TX - Texas State Senator Paul Bettencourt made the following statement on Friday November 1 after reading the Texas Education Agency report calling for a State takeover of the Houston Independent School District.

From his press release:

The report highlights a wide range of ongoing issues, including flagrant violations of the Open Meetings Act, HISD Trustees intentionally misleading TEA investigators, and ongoing procurement problems as major reasons for the State to step in. The TEA Special Investigative Unit reported to the Commissioner for the accreditation status of HISD to be lowered, a conservator to be appointed, and a Board of Managers to replace the existing HISD Board of Trustees.

"This is a real recognition of the obvious, and what I have been saying for well over a year,” said Senator Bettencourt (R-Houston). “When a school district Board of Trustees continues to have chronically failing schools and board members that are unable to function together under the laws of Texas, the State has an obligation to step in on behalf of the 200,000 students, families, and the Houston community.”

The TEA Report highlighted several particularly troublesome issues that took place at HISD:

1) Board Member Davila threatened a Senior Administrator with their job unless they removed a contract from consideration after the procurement process, because they wanted a Dallas firm to get the work.

2) Board Member Davila met with a Senior HISD Administrator to strategize a way to have bond contracts cancelled and rebid, to steer it to her preferred choice. "Again trustee Davila demonstrates clearly out of bounds behavior, as documented in this report," Senator Bettencourt added.

3) HISD manipulated contract procurement rules through the abuse of Job Order Contracts and multiple change orders. The district not only intentionally split Job Order Contracts to avoid the $500,000 limit, in violation of the law, they approved multiple change orders to projects subsequently increasing the cost of projects showing fraudulent behavior that contributes to a lack of transparency. (see attached)

4) The Board of Trustees violated the Open Meetings Act by meeting in secret to replace the acting Superintendent. (See October 2018 Bettencourt press release: https://bit.ly/34iAhbJ)

5) Some Board Members made deceptive statements to the TEA investigators as part of this investigation through omission or by making inconsistent statements.

6) A Trustee gave non-public information to an HISD vendor in violation of district policy.

Senator Bettencourt continued, “This reported list of gross violations of law and board policy by the HISD Board of Trustees is quite shocking! It is the actions of the Board of Trustees whose secret meetings have made a mockery of the Open Meetings Act, routinely violated ethics rules and procurement procedures, and then doubled down by making misleading statements to the TEA investigators. There are multiple reasons for the TEA Commissioner to replace the Board of Trustees with a Board of Managers.”

Report: Miami top locale for calls requesting services from ICE VOICE Office

A report published by Immigration and Customs Enforcement (ICE) reveals 304 requests for service by victims and families impacted by crimes committed by removable criminal aliens were handled by the VOICE (Victims Of Immigration Crime Enforcement) Office in Q4 2018. Callers in the ICE Areas of Responsibility (AOR) of Miami, San Francisco and Los Angeles comprised approximately 34% of the total calls handles by the office.

The ICE AORs of Los Angeles, New York City and Miami comprised approximately 35% of the 295 calls handled by the office in Q3 2018.

Established by Executive Order 13768 titled Enhancing Public Safety in the Interior of the United States, the VOICE office serves the needs of crime victims and their families who have been impacted by crimes committed by removable criminal aliens. With the creation of the VOICE Office, victims of crimes committed by individuals with a nexus to immigration now have a government resource that can provide timely information on their cases.

The 2017 Executive Order also directed the Director of U.S. Immigration and Customs Enforcement to produce quarterly reports studying the effects of the victimization by criminal aliens present in the United States.

The 4th quarter 2018 report discloses fifteen case studies of victim engagement which include the following: