Refugee contractors planning lawsuits: are resettlement contractors 'bona fide entities?'

So far, the US Department of State says no….
Justice Clarence Thomas (Alito and Gorsuch) were right that the Supreme Court’s effort to ‘split the baby,’ with its decision on Trump’s ‘travel ban’ and refugee moratorium, will invite litigation through the remainder of the summer.
I wasn’t planning to write today (except maybe a post about this being RRW’s Tenth Anniversary) because it is Saturday of a big holiday weekend, but I want you to see that, yes, the contractors*** are getting in gear to sue the feds claiming that since refugees are assigned to them for placement in your towns, they are bona fide entities.
They sue while we pay their salaries!
Longtime readers know that it is my contention that the system in place for decades, where a federal contractor is hired to place refugees in your towns and the contractor is ostensibly a non-profit (some are ‘religious’) charitable organization being paid with your tax dollars yet can file lawsuits and lobby Congress, is an outrage.
Congress could do something about this, if it had the will (the Labrador bill is insufficient), but since leading Congressional Republicans are in the pockets of lobbyists (Tyson Foods for instance!) and the Chamber of Commerce in need of cheap labor, no real reform ever happens.
Carving itself out as the leader of the pack for political advocacy is the politically aggressive Hebrew Immigrant Aid Society (HIAS). HIAS was a litigant in one of the cases before the Court.

I just checked USA Spending and found that HIAS got over $104 MILLION from taxpayers since FY08. 
And, what do you know, the feds paid them over $4.1 million in the 5 days before Donald Trump was inaugurated.
Here, about 3 weeks later, HIAS organized a NYC  rally against Trump featuring speaker Rep. Keith Ellison.  How much of your money was used for their protest?
Yesterday we learned a lot about what they plan to do next—sue!
And, LOL!, the Christian Post says not one word about how the do-gooder organizations are paid per refugee head to do their good works!

Refugees with connections to the nine refugee resettlement organizations in the United States should be allowed to enter the country in accordance with the Supreme Court’s ruling Monday that allowed a limited version of President Donald Trump’s travel ban to go into effect, advocates argue.

[….]

After the nation’s high court decided Monday that it would allow a scaled-back version of Trump’s March 6 executive order on immigration to be enacted, opponents of the travel ban were left wondering whether the the Supreme Court considers relationships with a refugee resettlement organization to be the type of “bona fide” relationships necessary to allow them to enter the country, once the 50,000 refugee cap set for fiscal year 2017 is met in July.

In 2016, Nezer of the Hebrew Immigrant Aid Society was the chair of the Refugee Council USA (this lobbying consortium of the refugee industry has revolving chairmanship). RCUSA in August of 2016 said they wanted Obama to set a ceiling of 200,000 for FY17. https://refugeeresettlementwatch.org/2016/08/02/lobbying-arm-for-refugee-resettlement-contractors-wants-us-to-take-200000-refugees-in-fy2017/

As the travel ban — which bans immigration from six Muslim majority countries for 90 days and refugee resettlement for 120 days — took effect on Thursday, the Trump administration explained in guidelines sent to U.S. embassies and consulates what it considers to a “bona fide relationship.”

[….]

As for entities, the guidelines state that people seeking access to the United States must show formal proof of their relationship with the a business or educational institution. However, an administration official declared in a press call Thursday that “the fact that a resettlement agency in the United States has provided a formal assurance for refugees seeking admission is not sufficient, in and of itself, to establish a bona fide relationship under the ruling.”

[….]

Legal action has already been filed to seek clarity on the Supreme Court’s order, which was somewhat vague about what constitutes a “bona fide” relationship. On Thursday, the state of Hawaii asked a federal judge to clarify the ruling and argued that the administration’s interpretation is too narrow and violates the ruling.

On a press call Friday, leaders of resettlement agencies authorized to resettle refugees in the United States decried the administration’s interpretation of the ruling.  [You see how deceptive the press is—“authorized”—how about “contracted and paid!”—ed]

“Our argument is that under an interpretation of a clear reading of the Supreme Court decision is that a relationship with a resettlement agency does establish a ‘bona fide’ relationship for purposes of the ban,” said Melanie Nezer, the senior vice president of public affairs for HIAS, which was founded as the Hebrew Immigrant Aid Society.  [They dumped “Hebrew” from their name a few years ago. I guess when you are resettling large numbers of Muslim refugees, the word Hebrew was an impediment.—ed]

[….]

“We also imagine the debate about this in the administration, thinking that there was significant debate among people who really do understand resettlement in the administration and those who don’t,” Nezer said. “It seems pretty clear that this decision was made by people who don’t know or don’t much care about how resettlement works.”

[By the way, I don’t think the Supreme Court knew much about resettlement either or perhaps they wouldn’t have been rewriting refugee law, but that would be the fault of whoever presented the case for the Justice Department.—ed]

[….]

Director of the lobbying arm of the refugee industry Naomi Steinberg says 26,000 refugees are in the pipeline. What a convenient number. We are at 50,000 and Congress has appropriated enough money to admit 75,000 this fiscal year. If we hit 75,000, it will be about 10,000 ABOVE the average for the last ten years!

Around July 6 is when the United States is expected to hit the 50,000 refugee cap for fiscal year 2017 that Trump set in his executive order. After that, the “bona fide” standard will be going into effect for refugees, Nezer explained.

See my post yesterday about July 6th.
As of today we are at 49,225 refugees admitted this fiscal year.  We may not see new numbers reported at Wrapsnet until the 5th or 6th.

[….]

Naomi Steinberg, the director of Refugee Council USA, added that there are over 26,000 refugees total who have gone through security vetting and have been approved to the come the United States and be resettled around the United States.

More here.
All of my posts related to what the Supreme Court ruled last week are archived in my category—Supreme Court.
*** For new readers, these are the nine contractors that monopolize refugee resettlement in America. Saying they are “authorized” to resettle refugees is a media deception.  They are paid out of the US Treasury per head for every refugee they resettle. The incentive is always to bring more while they pretend to be doing this work completely from humanitarian motives!
The UN/US Refugee Admissions Program will never be reformed until we stop paying non-profit groups to advocate and lobby for their vested (Leftist!) interests.

State Department: refugee free-for-all until July 6th!

Everyone wants to know what it all means… there is the 90-day travel ban (everyone, not just refugees) from six majority Muslim countries and then the 120-day moratorium for all refugees from all countries, but only for those refugees who don’t have certain relationships with those who got here before them.
And, so far it looks like resettlement agencies may not count as having “bona fide” relationships as ‘entities,’ but all of that could change next month, next week or the next minute!  Therefore I am not going to wander in to the weeds of all this or lose sleep over it.  We will just see how things evolve because there is nothing we can do to influence it all anyway.

By legislating from the bench, the Supremes have made it likely that even fewer persecuted Syrian Christians will be admitted to the US before late fall.

Just so you know we are at 49,248 refugees for this fiscal year when I checked Wrapsnet earlier this morning.  We will hit 50,000 probably by July 6th, then what?
And, just to give you some comparison, that 49,248 is the highest number of refugees (excluding FY16) that we have admitted by the end of June in the last ten fiscal years, so the contractors*** shouldn’t be whining about a lack of paying ‘clients’ this year.

Syrian Christians now have an even smaller chance of getting to the US.

While I was at Wrapsnet, I checked the Syrian numbers.  We have seeded 6,397 Syrians in to your towns and cities this fiscal year (which ends on Sept. 30th).  Of the 6,397, 6,258 were Muslims of some variety. That puts the rate at 98% Muslim for the year (so far) for Syrians.
That same rate (Muslims to others) applies for the 1,809 Syrians Donald Trump’s State Department admitted since inauguration day.
As I continue to mention, because we have admitted so few Christian Syrians, any applying now likely will  not have relatives here while the Muslims will, so expect the Syrian Muslim relatives to continue to be admitted (thanks to the Supreme Court writing refugee law!) because we all know that if they are relatives of someone here already, they couldn’t possibly be terrorists, right?
Here are a couple paragraphs from Vox.  They and other leftwing media are trying very hard to figure out what it all means for their friends who make a living in the refugee industry and for those wanting more new Democrat voters that refugees represent. And, of course, so that they can further vilify Donald Trump.

What the ban means for refugees who don’t have “bona fide” family members in the US according to the categories laid out by the State Department. Many advocates have argued that the Supreme Court’s ruling should permit nearly all refugees to enter the US, because refugees have to be placed with a resettlement agency before entering the country, and that should count as a “bona fide” relationship. But the Supreme Court didn’t specify that, and the administration doesn’t seem to be taking it that way.

In a press call on Thursday, a senior administration official said that “the fact that a resettlement agency in the United States has provided a formal assurance for refugees seeking admission is not sufficient, in and of itself, to establish a bona fide relationship under the ruling.” It’s not yet clear whether this means refugees will only be admitted if they already have close family in the US, or whether some stage in the resettlement process will count as a “bona fide” relationship. And all refugees who are scheduled to arrive in the US through July 6th will be able to come without incident. But after that, tens of thousands of refugees, and the resettlement agencies in the US that employ people to help them, remain under a cloud of uncertainty — and it’s not looking good.

State Department Press Briefing with unidentified speakers!

 

Trump senior administration officials speaking to the media: From the Department of Justice we have [Senior Administration Official Five]. From DHS we have [Senior Administration Official Four]. From State we have [Senior Administration Official Two] and [Senior Administration Official Three]. [Senior Administration Official One] is from the White House. Whoever it was that opened the press briefing we have no clue.
 
 
Thanks to Vox for alerting us to the State Department press briefing to selected media here yesterday.  You can read it inbetween your Independence day festivities.
Wouldn’t you think that the Trump Administration would at least try to be more open and transparent than the previous administration. I’ve noticed over the years that at these briefings, no one is permitted to know by whom they are being briefed!
No one in the Administration wants their name used—-just disgusting!

We’re joined today by senior administration officials from the White House, Departments of State, Homeland Security, and also from Justice. From the Department of Justice we have [Senior Administration Official Five]. From DHS we have [Senior Administration Official Four]. From State we have [Senior Administration Official Two] and [Senior Administration Official Three].

As a reminder, the call will be conducted on background. Attribution should be to senior administration officials.

Transcript of press briefing, here.
My previous posts on the this topic are filed in a new category:  Supreme Court.

Trump Administration will cool UAC flood to America by this action!

While we are busy fixating on the ‘travel ban’ and the refugee moratorium, Trump’s Dept. of Homeland Security has begun to find those illegal alien parents who paid smugglers to get their children to the US border where they then became wards of the federal Office of Refugee Resettlement (in HHS). Many of the ‘children’ were subsequently turned over to their parents.  (The largest percentage of ‘children’ were teenage boys!)

Photos like this of the “beast train” bringing the ‘children’ to our southern border during the Obama Administration helped get Trump elected President, as I predicted here: https://anncorcoran2016.org/2016/01/17/obamas-new-illegal-refugee-program-vain-attempt-to-stop-a-massive-2016-border-invasion/

ICE is finding the parents! 

That should cool the Unaccompanied Alien Children (UAC) run on the border, and save US taxpayers a bundle!
The cost of managing the UACs within ORR has been the largest part of ORR’s budget for the last few years.
A couple of our usual suspects, refugee contractors, also make a bundle from their involvement with the ‘children.’  The US Conference of Catholic Bishops and Lutheran Immigration and Refugee Service (and possibly others) benefit financially from the illegal alien kids.
From the Charlotte Observer:

WASHINGTON

The Trump administration has begun a new surge of immigration enforcement targeting parents who have paid to have their children illegally brought to the United States.

The recent arrests, which had been largely rumored but not confirmed until now, have set off a new wave of confusion and fear through immigrant communities that have already been subject to greater enforcement.

U.S. Customs and Border Protection agents have begun sharing information with immigration agents about U.S.-based relatives of unaccompanied children. The information is being used to track down the parents, according to lawyers and government case workers familiar with the practice.

[….]

“The kids are basically being used as bait at this point,” said a field specialist with the Office of Refugee Resettlement, the federal agency that takes custody and shelters unaccompanied immigrant children.

[….]

Jennifer Elzea

U.S. Immigration and Customs Enforcement officials confirmed Thursday that they have begun a new enforcement initiative to “disrupt and dismantle” human-smuggling facilitators, including arresting the sponsors who have paid criminal organizations to smuggle children into the United States. They did not say what charges were being applied.

“ICE aims to disrupt and dismantle end-to-end the illicit pathways used by transnational criminal organizations and human smuggling facilitators,” said Jennifer Elzea, deputy press secretary for the U.S. Immigration and Customs Enforcement. “As such, we are currently conducting a surge initiative focused on the identification and arrest of individuals involved in illicit human smuggling operations, to include sponsors who have paid criminal organizations to smuggle children into the United States.”

Immigration officials cited Office of Refugee Resettlement statistics on Thursday that show approximately 90 percent of all unaccompanied children encountered at the southwest border are eventually turned over to a family member residing in the United States.

[….]

In February, Department of Homeland Security Secretary John Kelly issued new orders to agency heads that would considerably expand the number of immigrants who could be detained and deported.

One of the memos said 155,000 unaccompanied children have been detained in the past three years.

Continue reading here.
There is a very informative report, here, put out by the Congressional Research Service on the Unaccompanied Alien Children problem.  I thought this graph was useful.  It shows the number of UACs and how many are turned over to the Office of Refugee Resettlement (although they are NOT refugees).
Note the enormous jump in numbers as the Obama Administration signaled that it would turn a blind-eye to the invasion of the ‘children.’

 

And so it begins—the battle of the bona fides

“Anyone who has an existing relationship with a nonprofit, frankly tens of thousands of refugees, should be seen as having bona fide ties.”

Becca Heller

 
The US Supreme Court has taken it upon itself to re-write Refugee law by creating a new requirement (even if it is just for a few months) that refugees may enter the country ABOVE TRUMP’S CEILING OF 50,000 ADMISSIONS by September 30th if they can show a “bona fide relationship” to someone already here or to an “entity” in the US.
In Washington, DC, the scrambling to define those words—“bona fide relationship”—is underway!
The Refugee Act of 1980 has no provisions for going over the President’s CEILING except in an emergency and in such a case, the President (wishing to increase the ceiling) must “consult” with Congress.

The Supremes have thus gone beyond their Constitutional role and are crafting a new requirement that effectively nullifies Trump’s 50,000 admissions ceiling and strips the President and Congress of their authority under the Refugee Act of 1980.

Before I give you the  NY Times on the battle of the bona fides, you might want to read Andy McCarthy here (not much of a victory) on the decision as he raises an important point about giving powerful legal rights to some random immigrant who just happened to get here earlier who can now, with a demand to bring in the family members, have a legal right to supersede the President’s power to keep us safe.

International Refugee Assistance Project is one of the original litigants.

Here is the NY Times (other news outlets are signalling as well in which direction the refugee industry is going on this) which begins with the usual get-your-minds-right sob story with a couple of refugee ‘stars’ of the article telling their sad tale.
Skipping to the important part ……

About four out of 10 refugees who come to the United States have no family ties in the country, according to independent estimates. In some cities known for taking in refugees — like Boise, Idaho; New Haven; and Fayetteville, Ark. — those with no family ties are a majority.

On Monday, the Supreme Court threw into question whether such refugees, who are among the most vulnerable people seeking a haven after fleeing persecution or conflict, will be approved for resettlement in the United States.

In agreeing to hear two cases on President Trump’s travel ban, the court introduced a new phrase to the fraught discussion of refugees and Muslim immigrants: “bona fide relationship.”

Those who can show a “bona fide relationship” with a “person or entity” in the United States will not be affected by Mr. Trump’s 120-day halt to refugee admissions or his 90-day ban on travel from six majority-Muslim countries, according to the court’s order. Those refugees or travelers must be admitted, at least for now.

However, those who have no family, business or other ties can be prohibited, the court said.
The justices gave some examples of a bona fide relationship: visiting relatives in the United States, attending a university or taking a job offer.

Here we go! No family ties? So, they are setting the stage for demanding that anyone already connected, even tangentially, to a US refugee resettlement contractor*** should be admitted in addition to the relatives!

On a conference call Monday, lawyers who have fought the Trump administration argued that other refugees and travelers should also be allowed in because, like Mr. Dagoum, they often have ties to a nonprofit organization that has been helping them even before they land in the United States.

“Anyone who has an existing relationship with a nonprofit, frankly tens of thousands of refugees,” should be seen as having bona fide ties, said Becca Heller, director of the International Refugee Assistance Project.

Representatives of some resettlement agencies said they were awaiting guidance from the State Department. Heather Nauert, a State Department spokeswoman, said on Tuesday that the department would consult with the Justice Department on how to define “bona fide relationship,” a process she expected to take two more days. Meanwhile, anyone already approved for travel to the United States by July 6 would be allowed in, she said.

Continue reading here.
Just checking the numbers at Wrapsnet and see that as of this morning we are at 48,920 refugees admitted this fiscal year (began Oct. 1, 2016). We are thus 1,080 away from Trump’s 50,000 CEILING—a ceiling now rendered meaningless by the Supreme Court with this assertion.
With this below from the Court’s opinion, Trump (and America!) loses big time (where are you Congress?):

 
 
My previous posts on the Supreme Court debacle are here and here.
*** These are the nine major US resettlement contractors and working under them (using your tax dollars) are hundreds of local subcontractors.

Random thoughts on the Supreme Court decision yesterday….

See my post yesterday immediately following the surprising announcement by the Supreme Court on the Trump ‘travel ban’ from six terror-producing countries and the ceiling/moratorium on refugee resettlement across all countries and ethnic groups.
This morning I thought I might find an article or two that sounded reasonably informed about what is going to happen in the coming days and weeks.  I didn’t find anything (yet) that looks very useful. Everyone seems confused.
There is an LA Times story with a juicy nugget where they say 50,500 refugees (yikes!) are waiting in the wings from the six targeted ‘travel ban’ countries. And, a Buffalo News story is representative of the myriad stories from across the country where refugee contractors are scratching their heads about what it all means for them.  Those that get mostly refugees with “family ties” believe they will be getting their full quotas of paying clients.

Random thoughts!

So, as much as I would like to give readers guidance on what is going to happen, I can’t.  But, here are some thoughts I have in random order. Some are comments, others are questions.

Some of the articles I read this morning suggest we have more of this coming….

~The issue of bona fide relationships is going to be a huge mess.  Already the contractors and subcontractors are thinking that if they have some refugees on the way from any country, they, the contractor, will be a bona fide “entity” and therefore their refugees will get in.
~Apparently a 120-day MORATORIUM on refugee resettlement (90 days for those 6 countries is a separate part of the EO) will go into effect, except for those who can claim a relationship of some sort. If it begins on Thursday (as most are predicting), 120 days ends on or about October 26th which is 26 days in to  FY18.  It then makes me wonder what Donald Trump will do with his ‘determination’ for that fiscal year which by law he will present to Congress in September.
~After wandering in the weeds about numbers, will the Trump Administration have any will to reform the whole US Refugee Admissions Program?  It is now or never!
~Even if the Supreme Court hears the case in October, it could be months later for a decision (well in to election year 2018).
~BTW, as several news articles yesterday pointed out, there was and probably still is, a huge amount of fraud in the Refugee Admissions Program as it relates to who is, and who isn’t, a family member.  Long time readers may remember the discovery in 2008 that literally as many as 20,000 Somalis entered the US fraudulently as part of the P-3 Family Reunification program. The Dept. of State shut down the P-3 for parts of Africa for years.  The Supreme Court has now further increased the incentive for fraudulent claims of family connections.
~The Supreme Court ruling is troubling to me, actually on many levels, but they suggest that refugees with family ties get priority, while perhaps more persecuted people are left behind.  Heck, every Somali probably has a family tie to someone in the US (since way over 100,000 are here already), while a truly persecuted Syrian Christian may have no ties because so few Syrian Christians have been admitted  to the US. How did the Supremes let themselves get into this quagmire?
~The Dept. of State, with the likes of Brian Hook working with Sec. of State Tillerson, will be making critical decisions about how choices will be made about who gets in here between now and October 26th. They will be forced to depend on career bureaucrats (because Trump has moved too slowly to get people loyal to him placed in agencies across Washington) who have long-time personal relationships with the contractors.
~Although, as I said yesterday, I’m glad the Supreme Court put to rest the issue of whether Trump had the authority to reduce the refugee CEILING that he inherited from Obama (from 110,000 to 50,000), I am extremely troubled by the Supreme Court writing refugee law. The Refugee Act of 1980 is very specific about what steps must be taken for a President to go above the CEILING. The steps involve the President consulting with Congress in the case of an emergency. The court here is saying they have now stepped in to allow an increase over 50,000 (for relatives!).  What is Congress going to do—continue to hide on the subject of refugees—and give up their Constitutional power to the courts?

~Congress actually appropriated enough money for 75,000 refugees to be admitted by September 30th, so what happens to that money as the number surely won’t come in anywhere near the 75,000 level (how on earth did Tillerson/Hook get out on that limb back in May telling contractors 1,500 would be admitted every week?).
~Representatives of the nine federal contractors*** are in a tizzy (as I read many news stories this morning), some trying to put a positive spin on what the Court has done. I wondered if they wouldn’t have been better off just letting Trump’s EO go in to effect months ago and get the review over with. It would have been done by now and some normalcy returned.  Instead we are all looking to many more months of chaos, confusion and lawsuits.  So maybe we can say, that the contractors are responsible for those “vulnerable” refugees left in limbo now.
~On that point about being in a tizzy, the Hebrew Immigrant Aid Society (HIAS) is organizing a briefing call on Thursday so you can find out what they think of the decision and what they will do going forward.
From an e-mail:

To learn more about the implications of the Supreme Court’s decision for refugees and non-citizens, join HIAS for a briefing call on Thursday, June 27 at 4:30pm EST. Click here to RSVP and receive a call-in number.

[Update!  A reader has pointed out that Thursday is the 29th! So, I expect there will be an e-mail correction coming from HIAS—ed]
I’m sure I’ve forgotten some things, and if I find some great legal mind who can predict what is going to happen beginning on Thursday, I’ll send it your way.  In the meantime, send story links that you think add to the discussion to the comments here at RRW.
More later…..
***Federal contractors in a tizzy.  Since the vast majority of their annual income is from the US Treasury based on the number of refugees admitted each year, their budgets have again gone to hell. Not that  I am sympathetic about their financial mess, but this is why Congress has to get the middlemen contractors out of the refugee business!