Hawaii judge places restraining order on Trump EO involving refugee pause

Unless I find a definitive article about what exactly the judge in Hawaii ruled on the Trump Executive Order in the next couple of hours (I have a doc appt.), here is one news story from the AP (thanks to reader Theodore).
Also, according to several news sources discussing other pending cases, including Fox News , one argument in the Maryland case is absolutely nuts.  I worry that judges ruling on the cases have no idea about what the US Refugee Act of 1980 says or how the program has been administered for 37 years!

Judge Derrick Watson. Photo and story “One Unelected Leftist Judge in Hawaii Decided Security for the Entire Nation” http://www.independentsentinel.com/one-unelected-leftist-judge-hawaii-decided-security-entire-nation/

It makes me want to scream!
The line that I see while searching just now, that is being spread by many news sources, is this one:

“The Maryland lawsuit also argues that it’s against federal law for the Trump administration to reduce the number of refugees allowed into the United States this year by more than half, from 110,000 to 50,000. Attorneys argued that if that aspect of the ban takes effect, 60,000 people would be stranded in war-torn countries with nowhere else to go.”

We are assuming that comes from the Hebrew Immigrant Aid Society suit we reported here. The true gist of their argument is that they, the federal resettlement contractors, were expecting more paying “clients” and had built their budgets around the per head payment they were expecting with the unrealistic 110,000 refugees Obama said would come in the year he no longer was president!
For the umpteenth time, that 110,000 that Obama set last fall is a CEILING that the Administration says it will not surpass, it is not a goal!
And, that 110,000 was the highest Obama had ever set in his presidency.  Trump has the absolute authority to reduce the ceiling, but more importantly he can bring in any number under whatever he set, or whatever Obama set!
Forget the EO!

President Trump has all the authority he needs to not import any more refugees this entire year (I’m not sure that his team even knows that he has no legal obligation to bring in even 50,000!).

As of this morning, we have admitted 38,106 refugees this fiscal year (2017) via Wrapsnet.  783 refugees arrived in the ten day period from the announcement of this EO and today when the “moratorium” was to go in to effect.
I repeat!  The President does not have to call it a moratorium or include it in this EO. He can simply stop processing new refugees abroad with no further explanation!

President George W. Bush had 4 years under 50,000! His lowest year was 39,554.  Even Obama had two years under 60,000 and well below the ceiling!  See here.

Now look at this chart (below) very carefully.   When I found it at Wrapsnet, the last year, 2016, was not complete.  Know that we brought in just short of the 85,000 ceiling (a rare occurrence).
The federal refugee resettlement contractors have long wanted the president’s ‘determination’ each year to be a GOAL (a target) not a CEILING! But, the law says it is a ceiling. Look at the column for CEILING and the column for the number actually admitted!
What do you see?  Rarely does the number admitted reach the CEILING.
In FY2006, they were 28,777 below the CEILING. Did anyone sue the President?
In FY2007, they were 21,718 below the CEILING. Did anyone sue the President?
In FY2008, they were 19,809 below the CEILING. Did anyone sue the President?
In FY2009, they were 5,346 below the CEILING. Did anyone sue the President?
In FY2010, they were 6,689 below the CEILING. Did anyone sue the President?
In FY2011, they were 23,576 below the CEILING. Did anyone sue President Obama?
In FY2012, they were 17,762 below the CEILING. Did anyone sue President Obama for leaving thousands “stranded in war-torn countries”?
Obama got closer to the lowered CEILING over the next few years.
You get my drift!
 

Be sure to note that Obama never set a ceiling as high as 110,000 in all his previous years as president. That 110,000 was set in the final months of his final year! The average admissions over the years shown here is around 65,000. I could not find the chart that includes the last month of FY16, but we admitted only a few refugees short of the 85,000 ceiling because the Administration was hell-bent to get in thousands of Syrians.

 
I’m begging ignorant and lazy reporters to get the facts!
And, I am sure you are scared as heck, as I am, to see judges making decisions based on sheer ignorance of the law.
See my post from last Friday about how Hawaii hypocrites! have “welcomed” only a tiny number of refugees over the years—none from Africa and only 5 (total) from two Muslim countries.
This post is filed in our Trump Watch! category as well as ‘refugee statistics’ and ‘where to find information.’

Pew: Almost 2,500 refugees from travel-restricted countries entered US since Trump took office

Pew Research has done a handy little summary of where we stand with refugees admitted this fiscal year, but most importantly they made a useful graph of how many entered from travel-restricted countries since the first week of December, through Trump’s inauguration and up to last Friday.
There is nothing we haven’t already been talking about as we reported also from Wrapsnet over recent weeks and months, but they put it in a neat little package for your review on the eve of the 120-day moratorium on refugee resettlement.
Pew Research Center:

A total of 2,466 refugees from six countries under new travel restrictions – Iran, Libya, Somalia, Sudan, Syria and Yemen – have resettled in the United States since Donald Trump became president, according to a Pew Research Center analysis of U.S. State Department data. The number of refugees from the six travel-restricted countries represents 32% of all refugees who have entered the U.S. since Trump took office.

Do you see that big spike ending on inauguration day? That is because the Obama State Dept. was working night and day to get as many Muslims in to the US as possible in the week before the Trump team took over.

 
Pew continues….

Including refugees from countries with no travel restrictions, a total of 7,594 refugees have entered the U.S. during Trump’s first seven weeks in office (Jan. 21 to March 10). Of these refugees, 3,410 are Muslims (45%) and 3,292 are Christians (43%), with other religions or the religiously unaffiliated accounting for the rest.

So far in fiscal 2017 (which began Oct. 1, 2016), refugees who hold citizenship from the six restricted countries have accounted for more than a third (34%) of 37,716 refugee admissions.

More here.

President Trump has set the ceiling for the entire 2017 fiscal year at 50,000, a number we explained here is not that low!

This post is filed in our Trump Watch! category as well as ‘refugee statistics’ and ‘where to find information.’
Endnote: It is amusing to me to see research/articles like this because for years and years (I started writing RRW in 2007) no one paid any attention to the numbers, religions and ethnicities of refugees entering the US. It is nice to see so many news outlets educating the public!

What does the Refugee Admissions timeline look like for the remainder of 2017 and in to 2018?

And, what more can President Donald Trump do?

If today is the first day you ever began to try to understand the UN/US Refugee Admissions Program, I’m going to walk you through from where we are.
Presumably you are here because you heard that President Donald Trump announced a 120-day moratorium on the USRAP beginning next Thursday (March 16th).  And, let’s assume that activist groups will be unable to stop it in the courts, see here.

LOL! This is going to be long! Serious students of the USRAP, continue reading…..

We will start our timeline by explaining that planning for the upcoming fiscal year (FY2018) is happening now over the next few months and culminates in September….

In September, the President submits a “determination” to Congress with the number of refugees that could be admitted (and regions from which they will come) in the upcoming fiscal year.  Right now we are in FY2017 which began on October 1, 2016 and runs to September 30, 2017.  The number he chooses is a CEILING, it is not a target!
President Obama in his last months in office set the CEILING at 110,000 for the year FY2017 (most of a year in which he would not be in office). It grates me to see stories like this from a Nebraska newspaper that says Trump is bringing in less than half of what Obama brought in!  Obama had never set a CEILING that high in his previous seven years! In his highest year (2016) he brought in just short of 85,000.
Congress’ only role is to “consult.”  I have followed the USRAP since 2007 and up until 2 years ago, I was not aware of any interest by Congress (House or Senate) to do anything. Perhaps there was “consultation” behind the scenes.  Early on I asked my Congressman to help me attend a “consultation,” but I was told the public could not attend. I suspected it was because there was nothing much to attend!

The “determination” is sent to the House and Senate Judiciary Committees and someone from the US State Department goes to The Hill with the letter and report prepared by the Department of State (you can see last year’s here).
The Refugee Act of 1980 does mention Congressional hearings on the “determination,” and to his credit, Senator Jeff Sessions held two very good hearings in 2015 and 2016.
I shouldn’t have said “only role” for Congress is consultation because they do hold the ultimate card—funding! The USRAP could be seriously curtailed through the Appropriations process (something I have discussed at length in my tag ‘Where is Congress‘).  Trump could control the program through his budget too!
And, I am going to argue below that Congress, if it had the guts, could reform the whole program.

Department of State Public hearings were a sham!

In preparation for the ‘determination,’ the US Department of State holds (held!) a ‘hearing’ of sorts to supposedly gather information from interested parties about how many and which ethnic groups we should admit in the upcoming fiscal year. That ‘hearing’ happens (happened!) usually in May.
However, during my years, I’ve watched what was a stacked hearing (dominated by refugee resettlement contractors) to begin with become a nothing-hearing by last year.
The first year I attended the meeting/hearing was fairly large—maybe 100 people in a room in Northern Virginia.  It was a parade of those who were being paid to resettle refugees before a panel that included bureaucrats from the Dept. of State, ORR (in Health and Human Services) and USCIS. They all asked for more refugees and more ethnic groups (notably the Rohingya of Burma/Bangladesh).
After that year, readers of RRW began sending in testimony and more of us with concerns who lived locally attended, until 2014 when the meeting was tiny, held in the US State Dept. with security screening, and was dominated by those of us with problems with the program.  Most of the contractors mailed in their testimony!
Here is the testimony I sent (or delivered in person) each year.
They thumbed their noses at the citizens with concerns!
And, finally, in 2015 there was no public hearing at all! Why? I am sure it is because they didn’t like what they were hearing! They only took written testimony that was not available to the public!
Here is what I said last May:

If you would like to see what some of your fellow critics of the program said in the past, go here, here and here (when you click each of these, scroll down for all the posts in the category). These are our archives for any discussion of hearing years 2012 (for FY13), 2013 (for FY14), and 2014 (for FY15).  The only reason we obtained any of that testimony is that some of you sent it to us and we attended the hearings in person and were given the testimony.

That testimony is not made public because secrecy has always been the watchword of the program!

I doubt that any Member of Congress or Senator has ever attempted to make that testimony public and I’d bet a million bucks (if I had it!) that no Members/Senators have ever asked for that testimony! Shameful!

Hold field hearings!

If Donald Trump’s Administration is serious about reforming the USRAP (and not just temporarily reducing the numbers), his DOS should hold field hearings in refugee overloaded cities!
Any Member of Congress or US Senator could do the same!  (I can help guide anyone who wants to hold such hearings to the troubled communities.)

Right now Secretary of State Rex Tillerson must depend on career State Department officials like Henshaw who we presume likes the USRAP the way it had operated for decades.

Right now you can assume that any planning for FY18 is being done by career bureaucrats and an acting Asst. Secretary of State (Henshaw here).   The Trump team has apparently not selected an Asst. Secretary of State for Population, Refugees and Migration, an appointment that requires Senate approval.
Of course right now, I suspect the careers are all in disarray and figuring out how to get the last refugees in to the US before the moratorium that begins on the 16th.

This morning we are at 37,425 admitted so far (again Trump’s CEILING is 50,000).  Trump has no legal obligation to reach the CEILING.

Will there be hearings in May?  Who knows!
But….

Planning for the annual determination (for FY18) will begin in your local community (but you won’t know it!) soon.

The local subcontractors (of the nine major contractors) will, in late spring/early summer, be preparing those very secretive documents called R & P Abstracts.  To learn what they are click here for our complete archive on ABSTRACTS.
Those documents list what refugees your community could support (numbers and ethnic groups).  It will give the amenities your town has available—medical care, housing, jobs, education system, etc—for refugees!  It is a document we maintain should be available to you—local taxpayers—BEFORE it goes to Washington!
The R & P Abstracts go to the US State Department and are used to determine how much money will be spent for refugees and will be used to make the President’s “determination” to be sent to Congress in September.

Stakeholder meetings!

The bureaucrats of the refugee industry at the DOS and the ORR will tell the Trump people that there is public input, that they hold quarterly “stakeholder” meetings, and the Trump people will not know what a sham this is.
They will trot out their ‘stakeholder’ meetings as an example (here is one post on those) of how transparent they are with the communities they are targeting.  But, you need to know that unless you are watching closely and demanding public admission to those meetings, they are dominated by the subcontractors (list here), and various branches of local government.  Elected officials who oppose more resettlement will be excluded. And, taxpaying citizens in most places are not considered ‘stakeholders’ and have no role in the preparation of the planning documents.

Back to the 120-day Moratorium which puts us into mid-July, leaving only half of July, August and September to reach the 50,000 CEILING.

This is what John Podesta’s Center for American Progress was tweeting out yesterday to show why the USRAP might in fact be dead for the entire fiscal year.

Again, today we are already at 37,425.
Depending on who is chosen for Asst. Sec. for PRM and for the Director of the ORR (in Health and Human Services), they may or may not be able to gear-up for a huge number of refugees because the process abroad is pretty time-consuming.
The contractors’ fears (and the Open Border advocates like CAP at left) are that the flow cannot get moving with only 2 and 1/2 months left in the fiscal year.

If you have made it this far through this long post, the point I am getting to is this: What will Donald Trump do for FY2018 which is rapidly approaching?

He can set the CEILING low (we don’t consider 50,000 low! See here.).  He can make regulatory changes to make the program more transparent and involve state and local governments in the process.
But, will he pressure Congress to reform the law because only changing the law will assure that in 4 or 8 years we don’t go back to the same old flawed system!
Pens and phones only last so long as the particular President is in power! If the USRAP is not reformed legislatively (I would get rid of the whole VOLAG system of paid refugee contractors) then there is no real reform.
Right now, during a Trump presidency, is the only opportunity we will probably ever have to rein-in and reform the out-of-control Refugee Admissions Program. By 2018 everyone will be looking to the next election and nothing will get done!
Endnote:  If you missed it, see my post yesterday where I suggested that if you live in a state where state legislators are having problems with the program, you must convince them to call Sec. of State Tillerson and ask to meet him and tell him the problems at the state level!
They should go in with one message: Yes, do as much regulatory reform as possible, but Trump must pressure Congress to repeal and re-write the law (assuming some refugee program will be needed).

US Catholic Bishops assail Trump refugee slowdown, never mention the millions they are paid!

Actually it is over a half billion the US Conference of Catholic Bishops received from US taxpayers since 2008!

(By the way, I just heard Raymond Arroyo on Fox and Friends say that the USCCB gets millions of tax dollars annually from the federal treasury, but I couldn’t find the clip.  Yeh! Finally that information is getting in to the mainstream media!)
***Update*** Reader Robin has found the clip.  Be sure to watch (click here) at about 50 seconds in when Brian Kilmeade asks why Lutherans and Catholics oppose the Trump refugee slowdown.  Clearly Arroyo has done some homework!
Here is the latest from Catholic News Agency (CNA):

Washington D.C., Mar 6, 2017 / 03:50 pm (CNA/EWTN News).- With people fleeing humanitarian crises around the world, President Donald Trump’s new executive order halting refugee admissions is wrong, Catholic bishop and aid groups maintain.

Bishop Vasquez chairs the U.S. bishops’ committee on migration. Last time we looked we reported that 97% of the Bishop’s Migration funds money comes from you—the taxpayers! https://refugeeresettlementwatch.org/2017/01/11/and-we-almost-missed-it-us-conference-of-catholic-bishops-celebrates-its-national-migration-week/

“We remain deeply troubled by the human consequences of the revised executive order on refugee admissions and the travel ban. While we note the Administration’s efforts to modify the Executive Order in light of various legal concerns, the revised Order still leaves many innocent lives at risk,” Bishop Joe Vasquez of Austin stated March 6. Bishop Vasquez chairs the U.S. bishops’ committee on migration.

“The U.S. Catholic Bishops have long recognized the importance of ensuring public safety and would welcome reasonable and necessary steps to accomplish that goal,” he said.

“However, based on the knowledge that refugees are already subjected to the most vigorous vetting process of anyone who enters the United States, there is no merit to pausing the refugee resettlement program while considering further improvement to that vetting process.”

Here comes the big lie that Trump is reducing the number  of refugees dramatically!  Contractors, like the US Bishops, did just fine on less than 50,000 refugees during 4 of Bush’s years.
But, for only one year did Obama propose the astronomical number of 110,000 (for most of the year he would not be in office!) and that becomes the standard that the ignorant, gullible media goes with!  For the many new readers we get every day, the resettlement contractors, including the USCCB, gets paid by the head to place refugees in your towns. More refugees=more money!

“Resettling only 50,000 refugees a year, down from 110,000, does not reflect the need, our compassion, and our capacity as a nation,” Bishop Vasquez stated. “We have the ability to continue to assist the most vulnerable among us without sacrificing our values as Americans or the safety and security of our nation.”

He goes on to oppose any religious test (like the prioritization of Christians in the first EO) for admission to the US.
Now, here comes a major truth! And, this is why Christians are not prioritized from Muslim countries!

Refugees must first register with the UNHCR to be eligible for resettlement.

Trump should immediately sever our ties with the UN High Commissioner for Refugees, save us millions of dollars, and put in place a program where we, the US, chooses our refugees without the UNHCR middle men!
CNA continues……

“The Obama administration policy was to prioritize these groups, but despite this they remain severely underrepresented in U.S. refugee admissions, so it’s clear that a fair outcome is even more important than a stated priority,” he said. [Andrew Walther, vice president of communications and strategic planning at the Knights of Columbus.]

Syriac Patriarch Ignatius Joseph III Younan of Antioch has warned that Christians hoping to be resettled in the U.S. or Canada have never even had the chance.

“I personally heard on several occasions from many of our Christian refugees in Lebanon and Jordan, that their applications for refugee visas, either to the USA or Canada, are without any response, if not refused by the consulates of the USA and Canada,” he stated.

Never mentioned at CNA News is the financial reason the USCCB does not want to slow the flow for even a short period of time—$$$$$!
Here (below) is just one page of the income the USCCB is getting from you (from 2008-2016).  This does not include the millions and millions of tax payer dollars received separately by individual Catholic Charities around the country.
My screenshot from USASpending.gov captures only 7 of 227 transactions.

For those of you interested in the USAID funding be sure to scroll through the pages and see how much of that money the USCCB gets!

By the way, since the Bishops are exempt from filing Form 990’s we can’t get at their salaries.

Politico: Fight will now focus on 120-day refugee moratorium

Since the Trump Administration retooled the so-called ‘travel ban’ to take away some of the objections of the Open Borders lawyers and threw out the earlier version of the ban that had been blocked by the courts, Politico is reporting that the pro-refugee industry groups will now focus on the 120-day refugee moratorium.
My personal view is that they don’t have a legal leg to stand on since the President, under the Refugee Act of 1980, has authority to set the number for each fiscal year. Trump did that with his 50,000 ceiling in the new Executive Order.  He has NO LEGAL OBLIGATION to reach the ceiling.

Becca Heller of the International Refugee Assistance Project says they will be seeking “emergency relief” in the next ten days.

As of this morning we are at 37,323 for FY17, 2,193 short of President George W. Bush’s lowest year of 39,554 (Bush had 4 years under 50,000).
Before I get to more on the moratorium and what Politico is reporting, know that the new EO did remove any language that would prioritize entry to the US of religious minorities (like Christians from the Middle East).
So, please return to my discussion of the Lautenberg Amendment (supported by the refugee contractors over the years!) that prioritizes Jews from Russia and religious minorities (non-Muslims) from Iran. In light of the earlier Ninth Circuit court decision (no religious test permitted!), and Trump’s removal of a religious preference from the earlier EO, will Congress move to REPEAL the Lautenberg Amendment? 
Don’t hold your breath!
Here (and below) are some of the key provisions of the new Executive Order regarding the US Refugee Admissions Program.
I believe the 120 days begins on March 16th, the effective date of the order, which means it will end sometime during the week of July 10th. (More on that in my next post.)

Sec. 6. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend travel of refugees into the United States under the USRAP, and the Secretary of Homeland Security shall suspend decisions on applications for refugee status, for 120 days after the effective date of this order, subject to waivers pursuant to subsection (c) of this section. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication processes to determine what additional procedures should be used to ensure that individuals seeking admission as refugees do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. The suspension described in this subsection shall not apply to refugee applicants who, before the effective date of this order, have been formally scheduled for transit by the Department of State. The Secretary of State shall resume travel of refugees into the United States under the USRAP 120 days after the effective date of this order, and the Secretary of Homeland Security shall resume making decisions on applications for refugee status only for stateless persons and nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that the additional procedures implemented pursuant to this subsection are adequate to ensure the security and welfare of the United States.

(b) Pursuant to section 212(f) of the INA, I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any entries in excess of that number until such time as I determine that additional entries would be in the national interest.

I don’t believe that the President had to give any reason for setting the ceiling at 50,000.

It is vitally important for all of you working in your state legislatures to urge state lawmakers, with concerns about the process of placing refugees in your states, to reach out to Secretary of State Tillerson to ask to be involved in this review of the law. I’m thinking especially of Nebraska, West Virginia, Florida, Texas, Tennessee, and North and South Dakota lawmakers! Believe me, the news you are making in the state will not reach Washington unless your elected officials make a concerted effort to get it there!

For all of you working in your communities and in your state legislatures to assure more transparency in the resettlement process, please focus on this section.  We must hold the Administration’s feet to the fire.  Everyone who has a Republican legislature looking to have more input, make sure that those legislators reach out to the US State Department!

(d) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of State shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

So, finally this is what Politico said late last evening:

President Donald Trump’s second stab at a travel ban executive order will redraw the battle lines in the legal war his first order set off about a month ago, turning the focus to a small number of lawsuits aimed at the new order’s continued moratorium on refugees entering the U.S.

[….]

So far, most of the media attention has been devoted to early lawsuits in Boston, New York, Seattle and Alexandria, Virginia, that focused mainly on the initial travel ban’s impact on green card holders and visa holders. Now, with the revised order leaving in place a 120-day halt to admission of refugees, other suits may get their moment in the spotlight, such as one filed in Greenbelt, Maryland, last month by refugee aid groups.

Becca Heller of the International Refugee Assistance Project said her group plans to ask the judge to block Trump’s new order before it is set to take effect next Thursday.

“We’ll be amending our complaint and seeking emergency relief,” Heller said. “To me, not much has changed. It’s nice that people with visas get to keep their visas … This is just an indication of why we need multiple legal challenges.”

Moves to block Trump’s new order are likely to play out in courts across the country over the next 10 days, before the new order kicks in.

She must be referring to this lawsuit we mentioned here where I said this:

….their complaints seem to center around the idea that they were promised so many refugees (paying clients) this fiscal year and now they might not get them.

Looking for something to do today? Find out more about the International Refugee Assistance Project and who funds them!
This post is filed in my Trump Watch! category where 57 posts are related to this topic—reform of the refugee program under the Trump Administration.