Department of Homeland Security

DHS Report On Right-Wing Extremism Looking Better After Tiller Murder

Zachary Roth | June 1, 2009, 4:00PM

Remember that report by the Department of Homeland Security about the potential for a rise in right-wing extremism thanks to the election of President Obama and the economic crisis?

It triggered so much outrage on the right that Homeland Security Secretary Janet Napolitano was forced to apologize. RNC chair Michael Steele said it accused peaceful conservative activists of being "terorrists." Michelle Malkin called it a "hit job" and a "piece of crap" that offered a "sweeping indictment of conservatives." And Andrew McCarthy of National Review called it "appalling" and "nakedly political."

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Bernard Kerik

Feds: Kerik Lied To White House

Zachary Roth | May 27, 2009, 11:19AM

Looks like Bernie Kerik's legal woes aren't going away any time soon.

The former NYC police commissioner and Giuliani crony has been indicted in Washington DC on charges of lying to the Bush White House officials who were vetting him for the job of Homeland Security Secretary (remember that trainwreck?).

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Bernard Kerik

Bernie Kerik's Legal Defense Fundraiser: "Like An Extended Giuliani Campaign Commercial."

Matt Berman | December 8, 2008, 5:18PM

Last week, the Bernie Kerik Legal Defense Trust held a $75-a-plate-minimum beefsteak dinner in honor of the man himself.

First, a quick reminder of why the former New York City Police Commissioner needs the money:

Kerik became mired in muck in late 2004 after President Bush unsuccessfully nominated him to be Homeland Security Secretary. The national scrutiny helped to result in a 16-count indictment filed late last year, for charges that included lying to White House officials during the nomination process, accepting mob-tied money for renovations to his apartment, and tax fraud. Last Friday, federal prosecutors accused him of having embarked on a "crime spree." His trial begins in January.

The beefsteak dinner fundraiser, which attracted 200 people to Kerik's hometown of Paterson, NJ, was detailed by The New Yorker, which described "thick-necked" men tucking into their steaks. The program celebrated both Kerik's Jersey roots and his now infamous New York career. It culminated in a fifteen minute long "soundtrack of strings and bagpipes...as a video of still images from the World Trade Center site played--like an extended Giuliani campaign commercial."

And it looks like Kerik's colorful personal life apparently hasn't alienated some members of the religious community. The magazine reports:

"...Monsignor David Cassato, an N.Y.P.D. chaplain, had made the trip from Bensonhurst to offer a blessing. "Tonight, I was supposed to meet Cardinal Martino," Cassato said. "He lives in Rome, and he's very, very close to our Holy Father. I got a call and they said, 'There's this function going on for Bernie.' I said, 'I'm skipping the Cardinal and I'm coming.'"

Kerik ended the night with a speech met by a standing ovation.

Department of Homeland Security

Homeland Security Official Arrested For Hiring Illegals

Zachary Roth | December 5, 2008, 1:35PM

A top homeland security official has been accused in federal court of hiring multiple illegal immigrants as cleaners for her home, reports the Associated Press.

Lorraine Henderson is the regional director of Homeland Security, Customs, and Border Protection. She is responsible for stopping illegal aliens from entering the U.S. through the port of Boston.

But, reports the AP:

[A]ccording to an affidavit, for several years Henderson employed a Brazilian housekeeper who was an illegal immigrant. She also allegedly hired two other illegal immigrants, even after fellow agents warned her it was against the law.

Henderson was arrested after one of the women wore a wire and recorded Henderson telling the woman to "be careful" because once you're deported, "you will never be back."

Henderson was arrested today and is expected to appear in court shortly.

Barack Obama

ICE Won't Say Whether It'll Reveal Who Leaked Immigration Status Of Obama's Aunt

Zachary Roth | November 12, 2008, 2:03PM

Immigration and Customs Enforcement won't say whether findings from its investigation into the source of an election-eve leak about the immigration status of Barack Obama's aunt will be made public.

Kelly Nantel, a spokesperson for ICE, told TPMMuckraker in an email: "I ... don't know if the results [of the probe] are made public."

Just days before the election, the Associated Press reported, sourced to a federal law enforcement official, that Obama's aunt, Zeituni Onyango, had ignored a deportation order issued four years ago by a U.S. immigration judge. The leak appeared to be a politically motivated effort to damage Obama's candidacy at the eleventh hour.

ICE, an agency of the Department of Homeland Security, quickly announced that it had launched an investigation into the source of the leak, which, according to our reporting, clearly violated government regulations, and could even make it more likely that Onyango could be persecuted for having sought asylum in the U.S. if she is ultimately deported to Kenya.

But now it appears that we may never know the identity of the leaker.

Department of Homeland Security

Myers Stepping Down As ICE Chief

Zachary Roth | November 5, 2008, 5:07PM

The Department of Homeland Security has announced that TPMmuckraker favorite Julie Myers will step down as head of Immigration and Customs Enforcement (ICE), effective November 15th.

Myers, the niece of former Chairman of the Joint Chiefs Richard Myers, had little experience in homeland security issues when she joined DHS, but was known for her loyalty to the White House. Her husband, John Wood, has served as chief of staff to DHS Secretary Michael Chertoff.

ICE has been in the spotlight during her tenure -- and not for the right reasons.

First, there's this from earlier this year:

Last Halloween, at a fundraising event for charitable organizations held at the Immigration and Customs Enforcement Headquarters Building, they held a costume contest. And the winner was a white lawyer dressed in dreadlocks and prison stripes.

When it came time to present himself to the judges, among them Julie Myers, the chief of ICE, he said "I'm a Jamaican detainee from Krome -- obviously, I've escaped." Krome is an ICE Detention facility in Miami that is mostly filled with Jamaican, Haitian and Latin American detainees. The judges, Myers among them, laughed, according to a report (pdf) issued yesterday by the House Committee on Homeland Security.

(Click through to see the picture of Myers and the contest winner -- it's worth it!)

Then last week, on the eve of the election, law enforcement sources leaked to the Associated Press the news that Barack Obama's aunt, Zeituni Onyango, had been denied a request for asylum four years ago. The leak, which is being looked into by internal investigators at ICE, appears to have violated government regulations, and, as TPMmuckraker reported Monday, may increase the chances that Onyango could be persecuted if she's deported.

In a statement announcing Myers' departure, Chertoff said that Myers approached him about stepping down in mid September.

Department of Homeland Security

Experts: Leak On Obama's Aunt Could Make Persecution More Likely

Zachary Roth | November 3, 2008, 11:51AM

It looks like last week's leak of information about the immigration status of Barack Obama's aunt might be even more despicable than we'd thought.

The Associated Press reported Saturday morning that an application for asylum made by Obama's aunt, Zeituni Onyango, was rejected four years ago by an immigration judge. It sourced the information to a federal law enforcement official, and another source in a position to know.

We added later that day that the leak -- which is now being probed by government investigators -- appears to clearly violate government regulations, as laid out in a memo written by a US Customs and Immigration Services official.

But the memo also contains one important reason why there's such a strong prohibition against disclosing asylum applications. It reads:

These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant's family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances, give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.

In other words, the leak could well increase the chances that Onyango could be persecuted -- maybe even tortured -- for seeking asylum in the U.S. if she is ultimately deported to Kenya. Or that her family members could be similarly mistreated, whether or not she's deported. And thanks to that very danger, the leak could even bolster Onyango's asylum claim.

Immigration experts confirmed to TPMmuckraker that this reading was accurate.

Matthew Hoppock, an immigration lawyer in Kansas City who focuses on asylum cases, noted the regulations in an email to TPMmuckraker, and argued that the leak has "made it more likely that if Ms. Onyango is removed to her home country, she will face persecution for having sought asylum in the United States."

Dan Kowalski, an immigration law expert and the editor of the the online newsletter, Bender's Immigration Bulletin, agreed. In an email to TPMmuckraker, he added that the leak is sufficiently serious that, because of it, Onyango now "has a good shot at reopening her case."

We'll keep you posted on the progress of the investigation into the source of the leak.

Barack Obama

Leak On Obama's Aunt Violates Agency Regulations

Zachary Roth | November 1, 2008, 5:46PM

The leaking of information about the immigration status of Barack Obama's aunt appears to directly violate regulations for confidentiality laid out in a US Citizenship and Immigration Services (USCIS) memo obtained by TPMmuckraker.

As we reported earlier, Immigration and Customs Enforcement (which is the law enforcement arm of USCIS) has begun an internal probe into the leak to the Associated Press, which revealed early this morning that Obama's aunt "is in the United States illegally after an immigration judge rejected her request for asylum four years ago."

The memo, written in 2005 by Joseph Langlois, director of the Asylum Division in the Office of Refugee, Asylum, and International Operations, reads in part:

The federal regulations at 8 CFR 208.6 generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations--including information contained in RAPS or APSS1--except under certain limited circumstances. These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant's family members who may still be residing in the country of origin.

...

According to established guidance, confidentiality is breached when information contained in or pertaining to an asylum application (including information contained in RAPS or APSS) is disclosed to a third party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third party to link the identity of the applicant to: (1) the fact that the applicant has applied for asylum; (2) specific facts or allegations pertaining to the individual asylum claim contained in an asylum application; or (3) facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum.

It's worth noting again that we don't know for certain the leak came from ICE, since people at other government agenicies could have had access to the information.

Still, from the available evidence, it appears ICE is the most likely source. And Dan Kowalski, a leading immigration law expert, told TPMmuckraker that there's "no question" the leak violated ICE's guidelines as laid out in the memo.

And he identified for TPMmuckraker some additional, pertinent questions, asking:

1. Did the leaker know it was a violation? 2. Was the leak politically motivated? 3. A solo action, or conspiracy of 2 or more? If the latter, who is the boss?

We'll be working to bring you answers...

ACORN

ICE Probing Leak On Obama's Aunt

Zachary Roth | November 1, 2008, 5:01PM

Via Ben Smith, a statement from the U.S. Immigration and Customs Enforcement, on the leak to the Associated Press of immigration information about Obama's aunt.

Early this morning, the matter was refered (sic) to Inspector General and ICE's Office of Professional Responsibility for action. They are looking into whether there was a violation of policy in publicly disclosing individual case information.

We also learned earlier today that internal Justice Department investigators are looking into the leaking of information, earlier this month, about a nationwide FBI probe of ACORN.

To be clear, though ICE appears to be the most likely source of the leak about Obama's aunt, we don't know with 100 percent certainty that that's where it came from. The Associated Press attributed its report to two sources, "one of them a federal law enforcment official." According to Dan Kowalski, an immigration law expert and the editor of the the online newsletter, Benders Immigration Bulletin,, the information would have been available to people at several government agencies, both at the Department of Homeland Security (of which ICE is a part) and the Department of Justice, which would have an enforcement role in immigration proceedings.

Department of Homeland Security

Conyers on Obama Aunt Leak: "Very Disturbing"

Zachary Roth | November 1, 2008, 12:54PM

Rep. John Conyers, the chair of the House Judiciary Committee, has responded to the Bush administration's leak of information on the immigration status of Obama's aunt.

In a hastily written letter, Conyers makes the same connection that we did with the administration's leaking of information on the FBI's nationwide investigation of ACORN. Both leaks went to the Associated Press, and appear to have been done for political purposes.

There's some other news in the letter in regard to that leak about ACORN. Conyers writes:

[I]n recent weeks law enforcement sources leaked information about an alleged investigation of a community services organization, a leak that the Department of Justice informs me is now under investigation by the Department's Office of the Inspector General and Professional Responsibility.

So, two internal DOJ offices are looking into the ACORN leak. That's certainly worth keeping an eye on.

The full text of the letter follows after the jump...

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