#zerotolerance

Beasts at the border?

A lot of negative noise has been made about the actions of the Customs & Border Protection (CBP) employees in the US. Notably, the arrest statistics across the entire staff of 59,178 totalled 254 people. Only 2 people were arrested for sexual misconduct. Two-thirds of the crimes that led to the arrest of CBP staff were alcohol or DV related. The Annual Report published in 2018 notes that the trend fell marginally.

The CBP Standards of Conduct state that in order to fulfill its mission, CBP and its employees must sustain the trust and confidence of the public they serve. As such, any violation of law by a CBP employee is inconsistent with and contrary to the Agency’s law enforcement mission. CBP’s Standards of Conduct specify that certain conduct, on and off-duty, may subject an employee to disciplinary action. These standards serve as notice to all CBP employees of the Agency’s expectations for employee conduct wherever and whenever they are.

Rep Jerry Nadler is calling for CBP officials to face ‘child abuse’ sanctions. Substantiated ‘crimes involving children leading to arrest numbered only 6. Six too many one might say but hardly a sign of widespread child abuse. 

We can see the total number of formal disciplinary warnings and sanctions against staff as follows over the past 3 years.

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Note that under Trump, an 18% increase in drug testing of CBP employees (13% of the total were tested in 2017) led to a fall in positive responses to narcotics in 2017 over 2016.

A total of 12 people, or 0.02% of CBP staff, tested positive in 2017 to illicit substances.

Looking at allegations made against CBP staff, 3,806 of the 7,239 claims made were dismissed as unsubstantiated in 2017. This is down from 3,828 out of 7,740 in 2016. There were 8,253 claims in 2015. in 2017, 1,279 employees required counselling. 1,074 received written warnings. So the idea that CBP employees are merely Nazis bullying people with no consequences, it couldn’t be further from the truth. Statistically, the quarterly reported nature of the data suggest very little seasonality with respect to punishment – i.e. it is consistent.

Breaking it down by department within the CBP, 4% of the 20,954 US Border Patrol (USBP) staff were disciplined, 3% of the 29,321 Office of Field Operations (OFO) employees were cracked over the knuckles. These represented 90% of all disciplinary actions in CBP.

The highest number of CBP OFO sanctions in 2017 vs 2016 caused in the Laredo Field Office (441 -> 378), followed by the San Diego Field Office (398->408) and Tucson Field Office (328 -> 200). These figures were out of a total of 3,129 sanctions issued.

The highest number of CBP USBP sanctions in 2017 vs 2016 were caused in the Tucson Sector (809->701), followed by the Rio Grande Sector (704->568) and the El Paso Sector (317->332). These figures were out of a total of 3,168 sanctions issued.

Each year, CBP receives and reviews hundreds of allegations pertaining to use of force incidents. Authorized employees may use objectively reasonable force only when it is necessary to carry out their law enforcement duties. When these cases involve excessive force or civil rights abuse allegations, and prosecution is declined by the U.S. Attorney’s Office or the local prosecutor, the matter is then subject to an administrative investigation to determine if an employee’s actions, although not unlawful, violated Agency policy or procedure.

In FY 2015, CBP implemented a new process for reporting, tracking, and investigating use of force incidents. Under this new process, use of force cases are evaluated to determine whether the amount or type of force used was excessive or outside of Agency policy. CBP’s National Use of Force Review Board (NUFRB) reviews all lethal use of force incidents, including the use of firearms and uses of force that result in serious injury or death. The Local Use of Force Review Board reviews all less than lethal use of force incidents not addressed by the NUFRB. If there is a determination that an employee’s use of force was outside of Agency policy, the case returns to HRM for potential disciplinary action.

The remaining cases involving alleged use of force that are not handled through the NUFRB or Local Use of Force Review Boards, including allegations of excessive force, are referred to OPR or component management for review and consideration of disciplinary action.

In conclusion, CBP noted,

All CBP employees are guided by these principles of the public trust both on and off-duty. Those who breach it are held accountable for their actions.

Although the number of CBP employees arrested for misconduct on or off-duty declined for the second year in a row, the number of employees arrested continues to be a concern. CBP is addressing employee arrests through its ongoing efforts promoting education and resilience services to employees and their families, reducing the use of administrative leave or indefinite suspension when employees are subject to a criminal proceeding, and by ensuring appropriate discipline is applied.

CBP will continue to increase its transparency efforts with annual discipline overviews, publication of National Use of Force Board results, and through public engagement on our policies and operations. Finally, CBP’s internal complaints and discipline systems will remain focused on systemic improvements to reduce case investigation and administrative processing timelines and increase consistency in handling misconduct allegations and more timely arrive at discipline case decisions.”

Judge for yourself. Things are not exactly rosy, but the idea that border forces are unhinged and unaccounted is simply unfounded. To that end, steps taken to improve the situation are not limited to the following:

Improving Use of Force instruction for law enforcement personnel by extending basic training of new recruits to include a 35% increase in less lethal and 58% increase in use of force judgement/firearms related training; Adding mandatory live and computer-assisted scenario based Use of Force training for all.

Continuing release of information to the public immediately following use of force incidents and publishing monthly use of force statistics on CBP.gov

Implementing CBP’s Policy on Zero Tolerance of Sexual Abuse and Assault

We await the FY2018 figures due shortly to see whether the Trump administration has added a layer of Nazi stormtrooper to the data. CM guesses the statistics will prove otherwise.

Dill Testing

Pill testing. Yes, it is difficult to stop the youth of today popping drugs at rave concerts. If certain drugs like MDMA are illegal, why is it OK to turn a blind eye at the concert gate? If there is medical evidence to say taking MDMA is harmless then change the law. Sadly the tragic deaths of a handful of kids has shown this not to be the case. Overdoses and bad batches dispensed by nefarious actors.

Is the desire to resort to hallucinating narcotics so great that the government should back legislation to allow young kids to have their risky tablets tested?  Imagine if those asking for their pills to be tested were required to put their name down against the test? None would test! There would be outrage over a violation of privacy. Yet we the tax payer invariably foot the bill of the reckless behaviour should things go wrong. Perhaps attendees should be required to file their Medicare number alongside the pill test and pay higher premiums for willingly taking higher risks? Again, none would line up.

The arguments for pill testing surround removing the potentially deadly drugs off the market by creating a virtuous circle of warnings within the drug taking community. The idea is that they could make informed choices were pill testing made available and inform each other what to avoid. Research from Austria showed that 50% of those that got pill testing changed their consumption behaviours.  Sadly the other 50% did not. Other examples of positive outcomes from pill testing revolve around wider knowledge about what drug compounds are popular which helps medical and emergency services better prepare. There is a company in America which sells NARCAN which revives those that overdose from the dead. You can read more about that here.

The arguments for pill testing seem so strong that it is any wonder the government doesn’t go the whole hog and set up its own narcotic stall at these concerts to sell controlled substances directly to the public. Two MDMA tablets and a foil of heroin please. Are those bongs on special?

The stupidity with pill testing is in the word – “ILLEGAL”. If CM gets caught speeding, why shouldn’t I be as justified in saying I was acceleration testing my potentially lethal BMW to make sure the speedometer was accurate? No NSW Highway Patrol officer will grant clemency. I will be fined for breaking the law. Quite right too.

Then we get Greens MP Cate Faehrmann admitting she’s taken MDMA since her 20s. In her doing so we can now have an honest and open debate. Fantastic to have an elected official out herself as an illegal drug user. Is this the type of lived experience we should be basing policy off? How ironic she lambasts the zero tolerance policies of the NSW Government? It may well be costing lives but the measures to combat are proving ineffective.  That is the issue. Time to think outside the box.

Why not just have police controlled mandatory swab tests at exit, fully funded by the event organizer, who can impute that in the cost of the ticket? Those that show a positive sign to ‘illegal drugs’ are arrested and criminally charged. Simple. Make it clear well in advance that those caught for breaking the law go on a national register. Why shouldn’t employers be able to better screen their employees’ behaviours or and health insurers be able to more accurately assess their customers? If you are clean there is zero to worry about.

If we want to create a culture of stopping drugs, we won’t do it by applying soft measures. Rave concerts are a captive audience where drugs are smuggled in often unsavory ways to escape detection. Make it clear that the swabs are mandatory and one of two things will happen; the attendance will only be enjoyed by those prepared to be clean or the rave concerts will end.

Some will argue there will be a risk that rave concerts will go underground but in the day and age of cyber technology, it won’t be hard to track such events going forward. Make the penalties for organizers failing to register and apply for such concerts punishable by jail terms and multi million dollar fines.

If we truly don’t like the law, then let’s change it. Let’s not have two tier judicial systems that openly favour dangerous behaviour because it infringes on someone’s subjective right to listen to a rave concert completely off their rocker. Maybe that is the test – make these kids recall 50% of the music that were played. One can be rest assured most of them didn’t hear a thing.

UN hit with yet another scandal

Kết quả hình ảnh cho Michel Sidibé

Independent experts have concluded that UN AIDS Executive Director, Michel Sidibé,  has been responsible for creating a toxic environment that promoted “favoritism, preferment and ethical blindness.” Sidibé accepted no reponsibility for any sexual harassment, bullying or abuse of power that occured under his watch.

The investigation started after Sidibé’s deputy was accused of  forcibly kissing, groping and trying to drag a colleague into his Bangkok hotel room in 2015.

In a survey of the 670 staff members at the UN agency conducted by the independent investigators, 18 admitted they had experienced some form of sexual harassment in the previous year and a further 201 said they were on the wrong end of workplace abuse.

One staff member went on the record saying, “U.N.AIDS is like a predators’ prey ground…You have access to all sorts of people, especially the vulnerable: You can use promises of jobs, contracts and all sorts of opportunities and abuse your power to get whatever you want, especially in terms of sexual favors. I have seen senior colleagues dating local young interns or using U.N.AIDS resources to access sex workers.

UN Secretary General Antonio Guterres, who made it clear he had a zero tolerance policy with regards to sexual harassment when he took office,  has refused to fire him. Despite his term ending in January 2020, Sidibé has offered to quit in June 2019 in order to ensure a stable transition period! In what world does a person outed for turning a blind eye to such a poisonous culture get to leave on his own terms? Sacred cows.

Sidibe admitted in an email after the investigation was published, “not all of our staff, in all their diversity, are experiencing the inclusive work culture to which we aspire.” Choice words.

Why do governments continue to fund the UN when it shows time and time again that it operates without any form of governance or ethical code? Remember it wasn’t that long ago that certain people at the UN thought former Zimbabwean dictator Robert Mugabe would make a sensible ambassador for the World Health Organization (WHO). Why would any country seriously want to sign over sovereign powers to the UN with respect to the compact on migration? The UN isn’t fit to run anything of substance.

Why after all the scandals with the IPCC do people put faith in their ability to manage climate change summits? The Delinquent Teenager, written by Canadian investigative journalist Donna Laframboise chronicles how the IPCC participants are picked by governments, not for their scientific knowledge and expertise, but for their political connections and for “diversity.” You can read some of the ridiculous selection processes for lead authors here.

Note the UN promised to streamline. As CM noted 15 months ago,

“The latest U.N. regular budget, while superficially smaller than the previous budget, made no fundamental programmatic or structural adjustments—e.g., reducing permanent staff, freezing or reducing salaries and other benefits, and permanently eliminating a significant number of mandates, programs, or other activities—that would lower the baseline for future U.N. budget negotiations. Despite the Secretary-General’s proposal to eliminate 44 permanent posts, the 2012–2013 budget actually increased the number of permanent posts by more than a score compared with the previous budget. The failure to arrest growth in U.N. employment, salaries, and benefits is especially problematic because personnel costs account for 74% of U.N. spending according to the U.N.’s Advisory Committee on Administrative and Budgetary Questions (ACABQ). Without a significant reduction in the number of permanent U.N. posts or a significant reduction in staff compensation and related costs, real and lasting reductions in the U.N. regular budget will remain out of reach.”

ICE – the facts

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In yesterday’s piece, Child Abuse – the shocking stats, some decided to launch expletive laden criticism on the lack of discourse on the US Immigration & Customs Enforcement’s (ICE) treatment of children at the Mexican border, the inference that CM was turning a blind eye to the beastly Trump administration in reporting the extent of child abuse. First, the politicization of children is abhorrent. Where were the media when these same supposed crimes of removing children from (supposed) parent/guardians was occurring since 2013? Reading through the ICE end of year report of 2017 we let the stats speak for themselves. Forgive the preamble.

Recall the one-sided media coverage of the lifeless body of 3yo Syrian boy Aylan Kurdi on the shores of Turkey. Yet the facts were clear – he had not been in any danger. The family had been safe in Turkey for 3 years. His father was trying to make his way to Germany for dental surgery. Aylan’s parent chose to risk his son with no life jacket to make a hazardous trip on an overcrowded boat to seek selfish opportunism. Is it up to the West to take responsibility for the individual choices of people who are not at risk of war zones? Yet the media still used the image to show how callous we were to allow this.

It was only a few weeks ago that Time magazine posted a photo-shopped image of a crying little girl looking up at POTUS. Despite a tongue-bitten retraction tucked at the bottom of a long article to acknowledge the toddler had not been wrested from her mothers arm by ICE storm troopers, we find out the mother had abducted her with the help of people smugglers while abandoning her husband and 3 other kids.  The picture was used to great effect by the Refugee and Immigrant Center for Education and Legal Services (RAICES) to raise $20mn via crowdfunding! Even after the lie was outed the group still used it to lift the target to $25mn.  US veterans are committing suicide at the rate of 20/day and people are willing to crowdfund an unethical group by 1000s of multiples. Priorities. Or is it that TDS is that extreme?

Who wants to see screaming kids? No-one. Locked in cages? Even less. Separated? Well there is good reason for that. When even the likes of left-leaning HuffPo admitted in December 2014 that 80% of women and girls are sexually assaulted while trying to make it across the border there is a good reason to question the proof of identity of the supposed parents. Even if 90% of parent/children pairs are legit, what of the 10% that aren’t? Do ICE risk it? Australia had an experience of a mother from Nepal (a democracy not at war) who deliberately poured boiling water on her infant to expedite processing on the mainland. Are these the values of people we should provide refuge to? We should not forget that many people make the journey knowing ALL the risks that confront them yet still attempt it despite the warnings.

To emphasize the danger of lax screening,  multiple kids were found dead after being abandoned once across the border as their usefulness as a golden ticket on compassionate grounds was expended. If that isn’t some of the worst forms of child abuse then what is? Moreover these people are hardly the type that decent Americans would want to embrace with open arms!

In Jan 2016 WaPo noted, “The Office of Refugee Resettlement, an agency of the Department of Health and Human Services, failed to do proper background checks of adults who claimed the children…several Guatemalan teens were found in a dilapidated trailer park near Marion, Ohio, where they were being held captive in squalid conditions by traffickers and forced to work“. So slave labour to repay human traffickers? Let’s encourage more to attempt the crossing?

Then ICE has the trouble of finding the parents/guardians (sponsors) already living (often) illegally to collect their unaccompanied children at pre-arranged court hearings. The media went into a frenzy saying that ICE had lost the records. The truth came out in Feb 2016 that,

“The head of ICE’s removal operations, Thomas Homan, told members of the Senate Judiciary Committee that 7,643 immigrants who arrived as children were sent home between the 2012 and 2015 budget years…More than 171,000 children, mostly from Honduras, El Salvador and Guatemala, were arrested at the border during that same time…The number of children caught crossing the border illegally spiked in 2014 [see impacts in NY Times graphic below] and the Obama administration promised that those who were not eligible for protections in the United States would be swiftly sent home… And with an immigration court backlog of more than 474,000 pending cases some cases can take years to move through the court system…

ICE SURGE

…about 40% of immigrants are no shows at court…Finding immigrant children with outstanding deportation orders is also complicated by the fact that they often are no longer at the addresses provided to the government.”We are out looking,” Homan said. “But they are hard to find. A lot of these folks who don’t show up in court, we don’t know where they’re at.”

The pictures of kids in concentration camp style cages were from 2014. Yet don’t let that get put in the way of a narrative to show the nationalist tendencies of the current administration.

While we can express outrage at the treatment of illegal immigrants at the border, the tougher laws have started to resonate with Ana Garcia Carias, wife of Honduran President Juan Orlando Hernandez, who said, “Stay in the country and let’s look for solutions to support you.” She visited the border and said that she didn’t recommend her citizens go to the US undocumented. If a court system has nearly 500,000 backed up in the system, it seems reasonable to push for a zero tolerance policy to end

So let’s examine the ICE data. 

To contextualize what ICE’s enforcement focus includes with respect to removable aliens we find:

(1) have been convicted of any criminal offense;
(2) have been charged with any criminal offense that has not
been resolved;
(3) have committed acts which constitute a chargeable criminal offense;
(4) have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency;
(5) have abused any program related to receipt of public benefits;
(6) are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or
(7) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

An administrative arrest of a criminal alien is the arrest of an alien with a known criminal conviction. The figures as follows:

  • 2015: 101,800
  • 2016:  94,750
  • 2017: 105,736

Here are some of the reasons of arrest (both criminal convictions and charges) for 2017:

  • Driving under the influence : 80,547
  • Dangerous drugs: 76,503
  • Immigration violation:  62,517
  • Assault: 48,454
  • Larceny: 20,356
  • Burglary: 12,836
  • Fraud: 12,398
  • Illegal weapon possession: 11,173
  • Sex offences: 6,664
  • Stolen Vehicles: 6,174
  • Forgery: 5,210
  • Homicide: 1,886
  • Kidnapping: 2,027
  • Prostitution racketeering: 1,572

An initial book-in is the first book-in to an ICE detention facility to begin a new detention stay. This population includes aliens initially arrested by Customs & Border Protection (CBP) and transferred to ICE for removal. Once again the combined bookings are as follows

  • 2015: 307,342
  • 2016: 352,882
  • 2017: 323,591

The decrease in ICE’s overall removal numbers from FY2016 to FY2017 was primarily due to the decline in border apprehensions in 2017. Many fewer aliens were apprehended at the border in FY2017 than in FY2016—possibly reflecting an increased deterrent effect from ICE’s stronger interior enforcement efforts (which is exactly what they wish to achieve).

  • 2015: 235,413
  • 2016: 240,255
  • 2017: 226,119

In FY2017, ICE Enforcement and Removal Operations (ERO) conducted 143,470 overall administrative arrests, which is the highest number of administrative arrests over the past three fiscal years. Of these arrests, 92% had a criminal conviction, a pending criminal charge, were an ICE fugitive or were processed with a reinstated final order.

If one views even the short term trend of ICE operations one can see that the extent of the problem is not just a Trump issue. From even before Obama’s time, border related issues have been a festering problem. The press can beat him and his supporters senseless but it would seem he is merely fulfilling election promises. With almost half a million still to be processed in the courts, is there any sense in clogging the legal system with even more to process. Even after the repeal of legislation that prevents parent-child separations, no credit is given by his detractors despite the fact this was enacted well before he took office. Where was the press outrage during the Obama era when all the same sort of ‘abuse’ was going on? Nowhere.

People trafficking is as deplorable an occupation as can be imagined yet the idea of  publicizing open borders fuels their industry as shown in the lead up to 2014. The ultimate irony is now Frau Merkel has instituted border camps of her own as the results of her misguided altruism led to countless human traffickers to benefit from her come one, come all policies.

In summary, Rasmussen Reports notes that most Americans do not want to abolish ICE. The polling firm noted,

“only 25% of Likely U.S. Voters favor getting rid of ICE whose duties include border control. Fifty-five percent (55%) are opposed…Sixty-nine percent (69%) of Republicans and 53% of voters not affiliated with either major political party oppose getting rid of ICE. Democrats agree by a narrower 44% to 36% margin.”

AS CM always says, if people don’t like the laws, then move to change them.

This should be self regulating then

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From the Victorian Police last year,

“Sudanese youths were vastly over-represented in the 2015 data, responsible for 7.44 per cent of home invasions, 5.65 per cent of car thefts and 13.9 per cent of aggravated robberies, despite Sudanese-born citizens making up about 0.11 per cent of Victoria’s population.”

From The Age today

A proposal to crack down on African street gangs by deporting offenders as young as 16 would effectively condemn them to “death sentences”, Sudanese community leaders have warned.”

This should be self regulating.

These gang members need to weigh up whether continuing to commit crimes such as armed assault, home invasion, car jackings or break & enter in a country that has generously offered sanctuary is worth the risk of being sent back to the very place they fled.

Australians are compassionate and generous people but we expect our kindness to be reciprocated with respect, assimilation and contribution to society. It shouldn’t be hard given the generous welfare that is provided  to help kick start the lives of new migrants

Remember the Guardian Angels? Expect vigilantes like them in the UK

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At 3:40 into her press announcement on the London terror attack PM Theresa May called it what it is – Islamic Terrorism. Too often leaders in the West tip-toe around the words, hiding behind the spinelessness of political correctness. Even listening to Sky News this morning the commentators were trying to soften the images when there are dozens of ambulances, police vans and policemen changing into full tactical response kit. How stupid do the media and politicians take people for?

For once, Theresa May spoke with authority. She came straight to the point. “Enough is enough!”  She talked of an evil ideology and how we need to have the embarrassing conversations regardless. She didn’t hide behind politically correct statements.

Former EDL leader Tommy Robinson made an empassioned video about the state of what is going on in the U.K. It is full of expletives. He advocates laws of internment – like that conducted when the IRA was running amock – be introduced to get 3,500 monitored jihadis off the streets. He mentioned 19,355 people were detained (fact checked – 32% of Asian descent, Whites 31%) last year suspected of starting, plotting or being involved in suspicious activity surrounding terrorism. That’s over 50/day. You can fact check in the following document.

Looking at the March 2017 report by the U.K. Government ‘Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes, and stop and search, Great Britain, quarterly update to December 2016′ it notes 

1) Arrests for terrorism-related offences fell by 8% in the year ending 31 December 2016 compared with the previous year (from 282 to 260 arrests). Although the number of arrests has fallen, it is still relatively high when compared with other recent years.

2) There has been an increase in the proportion of people arrested of ‘White’ ethnicity, from 25% in the year ending December 2015 to 35% in the latest year. [note that 50% are Asian]

3) The number of persons in custody for terrorism-related offences has been rising; as at 31 December 2016, there were 183 persons in custody in Great Britain for terrorism-related offences an increase on the 143 persons in custody as at 31 December 2015.

Robinson made one point that I mentioned earlier this morning. If politicians keep turning a blind eye and chanting “love will always win over hate” vigilante groups will spawn. People hit a threshold. Remember when the Guardian Angels sprung up in NY in the 1980s when crime on trains was getting out of control and authorities weren’t containing it. Apart from the natural embarrassment of law enforcement being shown up for restrictive response capabilities they’ll be forced to adapt.

We can’t believe in this hug one hug all hashtag, social media avatar nonsense because it clearly has no effect. The West’s current policies are a reflection of the idea that taking the moral high ground is the way to stop it. However there is no point in trying to lie down and give up cultural and legal freedoms for those who have no interest in respecting it much less appreciate it let alone reciprocate such good will. Those conducting terror attacks may not represent the majority but how many people need to be stabbed, run over, bombed to realize these radicals want a caliphate?

The people who should most abhor these villains are everyday Muslims who must resent the extra scrutiny placed upon them. Having said that, how much cooperation and assistance is being provided to weed the radicals out. Are they too afraid to speak out against the crazed jihadis within their ranks? A lot of information gathering for intelligence agencies must come from these communities already but more is needed. There are many factors at grass roots level where we can pontificate all we like but the reality is repeated incidents like Westminster, Manchester and London Bridge prove the current state of play is untenable. Action not words. Zero tolerance is not an extreme response. Sitting back and lighting up monuments doesn’t change a thing.