Trump's revised travel ban: Millions targeted for possible deportation

February 22, 2017

Washington, Feb 22: Millions of people living in the United States illegally could be targeted for deportation - including people simply arrested for traffic violations - under a sweeping rewrite of immigration enforcement policies announced Tuesday by the Trump administration.

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Any immigrant who is in the country illegally and is charged or convicted of any offense, or even suspected of a crime, will now be an enforcement priority, according to Homeland Security Department memos signed by Secretary John Kelly. That could include people arrested for shoplifting or minor offenses - or simply having crossed the border illegally.

The Trump administration memos replace more narrow guidance focusing on immigrants who have been convicted of serious crimes, are considered threats to national security or are recent border crossers.

Under the Obama administration guidance, immigrants whose only violation was being in the country illegally were generally left alone. Those immigrants fall into two categories: those who crossed the border without permission and those who overstayed their visas.

CRIMINAL OFFENCE

Crossing the border illegally is a criminal offence, and the new memos make clear that those who have done so are included in the broad list of enforcement priorities.

Overstaying a visa is a civil, not criminal, offense. Those who do so are not specifically included in the priority list but, under the memos, they are still more likely to face deportation than they had been before.

The new enforcement documents are the latest efforts by President Donald Trump to follow through on campaign promises to strictly enforce immigration laws. He's also promised to build a wall at the Mexican border - he insists Mexico will eventually foot the bill - and Kelly's memos reiterate calls for Homeland Security to start planning for the costs and construction.

IMMIGRATION BAN UNDER FIRE

Trump's earlier immigration orders, which banned all refugees as well as foreigners from seven Muslim-majority countries, have faced widespread criticism and legal action. A federal appeals court has upheld a temporary halt.

Kelly's enforcement plans call for enforcing a longstanding but obscure provision of immigration law that allows the government to send some people caught illegally crossing the Mexican border back to Mexico, regardless of where they are from. Those foreigners would wait in that country for US deportation proceedings to be complete. This would be used for people who aren't considered a threat to cross the border illegally again, the memo says.

That provision is almost certain to face opposition from civil libertarians and Mexican officials, and it's unclear whether the United States has the authority to force Mexico to accept third-country nationals. But the memo also calls for Homeland Security to provide an account of US aid to Mexico, a possible signal that Trump plans to use that funding to get Mexico to accept the foreigners.

Historically, the US has quickly repatriated Mexican nationals caught at the border but has detained immigrants from other countries pending deportation proceedings that could take years.

MEXICO REACTS

Mexico's new ambassador to the US, Geronimo Gutierrez, called the policy changes "something very serious." In a hearing Tuesday with Mexican senators, he said, "Obviously, they are a cause for concern for the foreign relations department, for the Mexican government, and for all Mexicans."

The memos do not change US immigration laws, but take a far harder line toward enforcement.

One example involves broader use of a program that fast-tracks deportations. It will now be applied to immigrants who cannot prove they have been in the United States longer than two years. It's unclear how many immigrants that could include.

Since at least 2002 that fast deportation effort - which does not require a judge's order - has been used only for immigrants caught within 100 miles of the border, within two weeks of crossing illegally.

The administration also plans to expand immigration jail capacity. Currently Homeland Security has money and space to jail 34,000 immigrants at a time. It's unclear how much an increase would cost, but Congress would have to approve any new spending.

FRESH OPPOSITION

The American Civil Liberties Union said it would challenge the directives.

"These memos confirm that the Trump administration is willing to trample on due process, human decency, the well-being of our communities, and even protections for vulnerable children, in pursuit of a hyper-aggressive mass deportation policy," said Omar Jadwat, director of the ACLU's Immigrants' Rights Project.

However, Rep. Lamar Smith, a Texas Republican who sits on the House Homeland Security Committee, applauded the Trump effort, saying the memos "overturn dangerous" policies from the Obama administration.

The directives do not affect President Barack Obama's program that has protected more than 750,000 young immigrants from deportation. The Deferred Action for Childhood Arrivals remains in place, though participants could be deported if they commit crimes or otherwise are deemed to be threats to public safety or national security, according to the department.

During the campaign Trump vowed to immediately end that program, which he described as illegal amnesty.

The directives indicate that some young people caught crossing the border illegally by themselves may not be eligible for special legal protections if they are reunited with parents in the United States. And those parents or other relatives that the government believes helped the children would face criminal and immigration investigations.

Under the Obama administration, more than 100,000 children, mostly from Honduras, El Salvador and Guatemala, were caught at the border. Most were reunited with parents or relatives living in the United States, regardless of the adults' immigration status.

NEW STAFF TO BE HIRED

The enforcement memos also call for the hiring of 5,000 new Border Patrol agents and 10,000 Immigration and Customs Enforcement agents, but it's unclear how quickly that could take place. Currently, two of every three applicants for Customs and Border Protection jobs fail polygraph exams and there are about 2,000 vacancies.

The government also plans to review a program that allows local police and jailers to act as immigration agents and a program that used fingerprint records from local jails to identify immigrants who had been arrested.

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News Network
April 11,2024

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Real estate tycoon Truong My Lan was sentenced Thursday to death by a court in Ho Chi Minh city in southern Vietnam in the country's largest financial fraud case ever, state media Thanh Nien said.

It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime, i.e. looting one of the country's largest banks over a period of 11 years.

The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court's way of trying to encourage her to return some of the missing billions.

The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five defendants were tried with Truong My Lan, who denied the charges.

"There has never been a show trial like this, I think, in the communist era," says David Brown, a retired US state department official with long experience in Vietnam. "There has certainly been nothing on this scale."

The trial was the most dramatic chapter so far in the "Blazing Furnaces" anti-corruption campaign led by the Communist Party Secretary-General, Nguyen Phu Trong.

A conservative ideologue steeped in Marxist theory, Nguyen Phu Trong believes that popular anger over untamed corruption poses an existential threat to the Communist Party's monopoly on power. He began the campaign in earnest in 2016 after out-manoeuvring the then pro-business prime minister to retain the top job in the party.

 The campaign has seen two presidents and two deputy prime ministers forced to resign, and hundreds of officials disciplined or jailed. Now one of the country's richest women has joined their ranks.

Truong My Lan comes from a Sino-Vietnamese family in Ho Chi Minh City, formerly Saigon. It has long been the commercial engine of the Vietnamese economy, dating well back to its days as the anti-communist capital of South Vietnam, with a large, ethnic Chinese community.

She started as a market stall vendor, selling cosmetics with her mother, but began buying land and property after the Communist Party ushered in a period of economic reform, known as Doi Moi, in 1986. By the 1990s, she owned a large portfolio of hotels and restaurants.

Although Vietnam is best known outside the country for its fast-growing manufacturing sector, as an alternative supply chain to China, most wealthy Vietnamese made their money developing and speculating in property.

All land is officially state-owned. Getting access to it often relies on personal relationships with state officials. Corruption escalated as the economy grew, and became endemic.

By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

The amounts taken out are staggering. Her loans made up 93% of all the bank's lending.

According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes.

She was also accused of bribing generously to ensure her loans were never scrutinised. One of those who was tried used to be a chief inspector at the central bank, who was accused of accepting a $5m bribe.

The mass of officially sanctioned publicity about the case channelled public anger over corruption against Truong My Lan, whose fatigued, unmade-up appearance in court was in stark contrast to the glamorous publicity photos people had seen of her in the past.

But questions are also being asked about why she was able to keep on with the alleged fraud for so long.

"I am puzzled," says Le Hong Hiep who runs the Vietnam Studies Programme at the ISEAS - Yusof Ishak Institute in Singapore.

"Because it wasn't a secret. It was well known in the market that Truong My Lan and her Van Thinh Phat group were using SCB as their own piggy bank to fund the mass acquisition of real estate in the most prime locations.

"It was obvious that she had to get the money from somewhere. But then it is such a common practice. SCB is not the only bank that is used like this. So perhaps the government lost sight because there are so many similar cases in the market."

David Brown believes she was protected by powerful figures who have dominated business and politics in Ho Chi Minh City for decades. And he sees a bigger factor in play in the way this trial is being run: a bid to reassert the authority of the Communist Party over the free-wheeling business culture of the south.

"What Nguyen Phu Trong and his allies in the party are trying to do is to regain control of Saigon, or at least stop it from slipping away.

"Up until 2016 the party in Hanoi pretty much let this Sino-Vietnamese mafia run the place. They would make all the right noises that local communist leaders are supposed to make, but at the same time they were milking the city for a substantial cut of the money that was being made down there."

At 79 years old, party chief Nguyen Phu Trong is in shaky health, and will almost certainly have to retire at the next Communist Party Congress in 2026, when new leaders will be chosen.

He has been one of the longest-serving and most consequential secretary-generals, restoring the authority of the party's conservative wing to a level not seen since the reforms of the 1980s. He clearly does not want to risk permitting enough openness to undermine the party's hold on political power.

But he is trapped in a contradiction. Under his leadership the party has set an ambitious goal of reaching rich country status by 2045, with a technology and knowledge-based economy. This is what is driving the ever-closer partnership with the United States.

Yet faster growth in Vietnam almost inevitably means more corruption. Fight corruption too much, and you risk extinguishing a lot of economic activity. Already there are complaints that bureaucracy has slowed down, as officials shy away from decisions which might implicate them in a corruption case.

"That's the paradox," says Le Hong Hiep. "Their growth model has been reliant on corrupt practices for so long. Corruption has been the grease that that kept the machinery working. If they stop the grease, things may not work any more."

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