Congressman Chris Jacobs (NY-27) took numerous actions this week to end the dangerous Department of Homeland Security (DHS) policy that allows illegal immigrants to use arrest warrants, among other documents, to gain access to airplanes in the absence of identification. The Transportation Security Administration (TSA) confirmed the use of this practice.

“To think after 9/11 that anything short of photographic, government-issued identification would be allowable to pass through a TSA checkpoint and board an airplane is stunning. However, this administration has taken that a step further is going so far as to allow illegal immigrants, who lack any identification, to use arrest warrants as an acceptable security document,” Jacobs said.“The fact that the administration is actively allowing this to happen is reprehensible and threatens the safety of every American.”

This week Jacobs cosponsored the Crime Doesn’t Fly Act to put an end to this policy and outlaw the current DHS practice of allowing arrest warrants as acceptable forms of identification. Additionally, Jacobs sent a letter to DHS Secretary Mayorkas demanding additional answers about this practice and security measures for those entering our nation illegally. You can read that letter here.

“This administration continues to blatantly ignore the rule of law and the safety of American citizens. The President’s actions – or lack thereof – have directly contributed to the record-breaking surge of illegal immigration at our southern border that has caused sustained national security and humanitarian crisis,” Jacobs said. “I have continually fought for the safety and security of our nation and our communities, and I will continue to do just that.” 

Upon request, Jacobs' office provided The Batavian with a copy of the TSA communication to Rep Lance Gooden, which confirms the TSA does allow the use of arrest warrants for ID.  To download a copy, click here (PDF).

Congressman Chris Jacobs (NY-27) will be traveling to Texas this afternoon for a three-day trip to the Southern border to tour immigration facilities and receive briefings from Border Patrol and local law enforcement.

“We are seeing a growing humanitarian crisis and a surge in criminal activity at our Southern border that is a direct result of President Biden’s reckless policies,” Jacobs said. “The reports we have heard are deeply troubling, so I am traveling with my colleagues to the Southern border to observe the situation firsthand and hear directly from our law enforcement on the ground.”

Jacobs is traveling to the Southern border with seven other members of the House of Representatives, including Republican Study Committee Chairman Jim Banks (IN-03) and Representatives Tony Gonzales (TX-23), Lloyd Smucker (PA-11), Ashley Hinson (IA-01), Victoria Spartz (IN-05), Kevin Hern (OK-01), and Kelly Armstrong (ND-AL).

The members will tour Eagle Pass Detention Center and Laughlin Air Force Base as well as the border in both Eagle Pass and Del Rio, Texas. The representatives will also receive briefings from Border Patrol leadership and local law enforcement on current border operations and conditions.

The lawsuit claimed vulnerable detainees were not given proper protection and the terms of a settlement reached this week, the NYACLU told WXXI, will ensure those protections are in place if there is another outbreak at the facility.

In April, there were 49 detainees who tested positive, all housed in two pods segregated from the rest of the facility's population, and most were asymptomatic. All recovered without the virus spreading out of those two pods.

A source at the facility at the time said because of the closed nature of a detention facility, all detainees are considered vulnerable, not just older detainees. As a result, staff has taken several measures to contain the spread of the virus, a source told The Batavian in April.

According to the source, at the start of the novel coronavirus outbreak, the director of the facility, Thomas Feeley, ordered regular, thorough cleaning, including wiping down door handles with bleach every hour.

"Every time you turn around," the source said, "you smell bleach."

There is medical staff on duty inside the facility 24/7 and posters have been placed in the facility to inform detainees about COVID-19 and how to protect themselves, the source said in April.

The facility can hold 650 detainees. Today, a spokesman for ICE said the facility has maintained about a 300-person detainee count since the outbreak to help ensure social distancing is maintained.

ICE issued the following statement about the settlement:

“The facility’s response to the public health crisis has been exemplary. There are currently no active cases of COVID-19 at the facility. The men and women employed at BFDF, including the dedicated medical professionals with ICE Health Service Corps (IHSC), are the best in their field and have taken extraordinary precautions to keep both our detainees and staff safe,” said ICE ERO Buffalo Field Office Director Thomas Feeley. “The settlement reached has affirmed the value of the proactive measures previously undertaken, which has protected both staff and detainees.”

There have been news reports of a "surge" of COVID cases at ICE facilities but there have been no new cases at the facility in Batavia since April and the ICE COVID-19 information page reports fewer than 50 detainees nationally have tested positive, with the largest count, 15, at a facility in Lousiana.

Congressman Chris Collins introduced The Red Light Act, his new legislation that withholds federal highway funds from any state that grants driver licenses or identification cards to illegal aliens present in the United States.

Congressman Collins' legislation comes on the heels of Governor Andrew Cuomo recent signing of the Green Light Bill into law last month. This new state law grants driver's license privileges to illegal immigrants.

“Once again, Governor Cuomo has put his socialist agenda ahead of the safety of American citizens,” said Congressman Collins. “Governor Cuomo should be enforcing laws that protect Americans instead of supporting those who break our laws. Citizens should feel safe behind the wheel, but now in New York, there will be a strong likelihood that illegals could be driving uninsured and unregistered vehicles wreaking havoc on our roads.”

"Cuomo has threatened the lives of New Yorkers who are legal U.S. citizens with this legislation,” added Collins. "If he wants to help illegal immigrants avoid the law while threatening highway safety, he can pay for it.”

If enacted, the Collins’ legislation would withhold funds beginning in the fiscal year 2020 and each fiscal year thereafter. Any funds withheld from noncompliant states will be appropriated to states that do not allow illegal immigrants to have a driver's license or identification cards.

Press release:

A day after a “Close the Camps” coalition shut down traffic in Downtown Buffalo, vigils for those held in detention camps were held in several locations across Western New York.

More than 100 citizens gathered in Batavia for a peaceful rally and vigil Friday evening near the Buffalo Federal Detention Facility and U.S. Immigration and Customs Enforcement to protest the inhumane treatment of children in migrant detention centers at the Southern border.

Organized by a team of concerned women, this event was part of a nationwide movement, Lights for Liberty: A Vigil to End Human Detention Camps. This movement has partnered with more than 150 international, national, regional and local communities and organizations, including religious groups, refugee relief services, and immigration activists.

The event included a rally with several speakers and a performance by the Rochester Raging Grannies, followed by a vigil. Rev. Jim Renfew, who spoke at the rally, commented, “Eugene Debs once said, ‘While there is a soul in prison, I am not free.’ This quote underscores the horror of child incarceration at the present time and is why I am here. It is wrong, very wrong, and even wronger than we can imagine given some of the reporting from inside of these facilities.”

Co-organizer Nikki Calhoun said, “I refuse to be desensitized to the suffering of others because they may not look like me. To do so, especially with children, opens the door for worse atrocities. This is why myself and thousands of those with a conscience across the country are taking a stand.”

Monica Elderkin traveled from Cheektowaga to the vigil in Batavia, and said, “I thought it was important to attend a vigil at an ICE facility where there are actually immigrants being held to send a message that the mistreatment of children or any of those being detained is not OK.”

While there are no children immigrants held at the Batavia facility and conditions there are known to be reasonable in comparison to facilities at the border, organizers believed holding the vigil at this location would be more effective symbolically.

More than 500 Lights for Liberty vigils were held across the United States on Friday including local events in Buffalo, Williamsville and Rochester, as well as international ones in Germany, Canada, and as far away as Japan and Senegal.

Photo: By Rachel Doktor. Doktor said when the vigil was almost over a group from the vigil lined against the gates beyond where security personnel were standing. She wrote, "We sang songs of peace, love and caring for the children of the world. A small group of people approached the gates after a while, standing close. Everyone got a little tense and watched them, but didn't stop singing. The stand off began, and they stayed until everyone else that attended was gone. They were the closest group to the gates in front of immigration."

Immigration Judge Steve Connelly ruled that an intellectual disability, unlike mental health issues, is not sufficient grounds for asylum in the United States. While acknowledging the 21-year-old is at a fifth-grade reading level, the defense failed to prove there is persecution in Mexico of people with intellectual disabilities.

Connelly found that the possibility of the stepfather of Abigail Hernandez moving to Mexico to help care for her, plus the possibility of care from her grandmother or other relatives, proved she had sufficient family structure to be cared for in Mexico.

Hernandez was arrested after posting threats of violence against students at her high school on Facebook. Hernandez pled guilty to a lesser, nonviolent offense, and Connelly said although there was no evidence that she is a future threat, in the current environment, such threats must be taken seriously.

Hannah Vickner Hough, representing Hernandez, has 30 days to appeal the decision. In the meantime, Hernandez will be held at the detention facility.

Information via The Batavian's news partner, 13WHAM. For the full story, click here.

After more than three hours of motions by attorneys and testimony by Hernandez and her stepfather yesterday, the case was not completed, and Immigration Judge Steve Connelly had other items on his calendar for the afternoon, so he scheduled closing arguments for 9 a.m., Nov. 2.

Hernandez was arrested and charged last year after creating a fake Facebook account, under the name Martin Doll, and then posting a threat to shoot fellow students at East Rochester with a shotgun.

She was brought here illegally at age 3

The 21-year-old who was brought into the country without documentation when she was 3 years old was originally charged with a felony count of making a terroristic threat. She reached a plea deal in the case and her family hoped a guilty plea to a misdemeanor charge of filing a false report would save her from deportation but ICE officers were in court the day she entered her guilty plea and took her into custody with the intent to deport her.

Dressed in the blue uniform of the detention facility that designates her as a low-level offender, Hernandez, or Abi as her family calls her, told Connelly she didn't need a Spanish language interpreter to understand the proceedings. She did struggle at times to comprehend what she heard or the questions asked but not because of any language barrier. Her stepfather testified later in the morning the doctors had told the family she had the cognitive ability of an 8-year-old.

Immigration attorney Hannah Vickner Hough has filed a petition for asylum in the United States, according to her statements in court yesterday, based on her client's intellectual disability. Hough contends that Hernandez has no family in Mexico who can properly care for her, that she has no knowledge of life in Mexico, that Mexico has inadequate community-based services to see to her needs, and that Hernandez would be victimized in Mexico.

Her stepfather, Flores Moya, testified  -- in testimony often interrupted by sobbing -- that he feared Mexican gang members would turn his daughter into a prostitute or kill her if she returned to Mexico.

U.S. attorney argues asylum application should be dismissed

The government's attorney, who refused to give his name to reporters, tried to argue that the asylum application should be dismissed outright because Hernandez was time-barred from filing for asylum and that her arrest was for a serious crime.

Connelly ruled against the motion because there is no time limit on an asylum application in a case involving potential torture, and while the government can make the case that the underlying events of her guilty plea involved a serious allegation, she only admitted to a misdemeanor charge.

The hearing opened with Connelly asking Hernandez if she understood the difference between the truth and a lie. Hernandez sat silent for a long time and then said she didn't understand the question. He tried to rephrase it, and Hernandez said she didn't understand. Then he held up a pad of yellow sticky notes and said asked if she knew her colors. She did she said, and she said, "that's yellow."  

He asked her, "If I told you it was red would I be telling the truth or lying."

"Lying," she said.

Hernandez answered questions from her attorney with Connelly jumping in with questions of his own on occasion. She said she knew her grandmother brought her from Mexico to New York City when she was 3 or 4 but she didn't know how she got there.

Her family moved to Rochester when she was 7.

Both her mother and her father -- actually, stepfather -- were in the country legally and she said she had seen her mother's green card.

She didn't know if anybody had filed a petition for her to be in the country legally prior to her DACA application. She was accepted into the DACA program but her status was revoked once removal proceedings commenced.

Her grandmother returned to Mexico and lives there now, but Hernandez saw her grandmother in November 2017 in Rochester (Moya would later testify that her grandmother visited the United States on a 25-day visa in November and December of 2017).

She said she couldn't live with her grandmother because her grandmother, at 85, can't take care of her, that she can barely take care of herself. She said she doesn't know where her grandmother lives or where her aunt and uncle live in Mexico.

When asked what kind of help she might need if she lived in Mexico, she said she didn't know.

Her abilities are very limited

She has never learned to drive and has never had a bank account.

Hough asked her if she knew how to prepare meals herself. She said her mother tried to teach her to make pancakes.

Connelly asked if she knew how to make pancakes. Hernandez said she did not know how to make pancakes. Connelly asked her if she knew how to make anything. She said she did not.

"Do you know how to make eggs?"

"Yes," Hernandez said.

"What kind of eggs do you know how to make?"

Hernandez, who wore her long dark hair, with blonde streaks, in braids, tried hiding her face.

"Don't be shy," Connelly said.

"Mexican eggs."

"How do you make Mexican eggs?"

After a long silence, Hernandez said, "I don't know."

Hernandez sometimes babysits her 3-year-old sister and knows not to let her climb on the table because she might fall and hurt herself.

She's had volunteer jobs in the cafeteria at school and a local hospital washing dishes and taking out the trash but has never earned a paycheck.

After her arrest she was prescribed medicine to help her cope with her anxiety because otherwise, she throws up when she is with her attorney or in front of a judge.

The government attorney asked Hernandez several questions during cross-examination about her interaction with Rochester PD, which led to her arrest. Connelly allowed the line of questioning because the government is trying to establish that while Hernandez was convicted of only a misdemeanor, her actual crime was serious.

Though convicted on misdemeanor, crime was serious

He asked if Hernandez created a fake account by herself using the name "Martin Doll." She said she did. She didn't know why she picked that name. She also has a Facebook account under her own name. She testified she knows how to make and accept friend requests, make posts, and send messages.

She couldn't remember being asked certain questions or didn't remember certain answers in her interview with police, which related to possible statements about half the kids in school being mean to her, that she said she understood why the Parkland, Fla., shooter did what he did, and that she wanted to hurt one particular person at school.

She didn't remember telling police she wanted to cause fear among her fellow students at East Rochester.

She said she doesn't know why she wrote, "I'm coming tomorrow. I'm going to shoot all of you bitches."

She was accused of posting that comment on the Martin Doll account under a picture of East Rochester students.

When the attorney switched to questions about Hernandez obtaining her DACA status, Connelly jumped in with his own questions.

He wanted to know if she thought DACA was a good thing for her. She said it was. He asked why? She said, "so I can have a job and go to school or college." He asked if there was any other reason it was good. She said, "I don't know."

Moya, 55, then took the stand. He spoke in Spanish. The court provided an interpreter.

He said he was a legal resident of the United States for 30 years and came from the Dominican Republic. He met his wife, Abigail's mother, while working as a taxi cab driver in New York City. They lived in the Bronx and were only married eight years ago.

He is close to obtaining citizenship, he said.

Abi needs a lot of help, family fears criminals in Mexico

When he was first with his wife, he learned of Abigail's situation, both her cognitive disability and a problem with an eye that wouldn't open properly. He had seen pictures of her before he ever met her.

To help his wife, he said he paid for a "coyote" (an immigrant smuggler) to help Abigail and her grandmother cross the border illegally when Abigail was 3 years old.

He said his wife's mother, besides being elderly, has diabetes. He's not really sure how she is managing to care for herself. Her house, he said, is dilapidated and he's been sending her money to repair it. He said Abigail's uncle is an alcoholic living in Mexico City and her aunt is a single mother with four small children. He said neither could adequately care for Abigail.

He said besides school and school activities, Abigail rarely leaves the house. She likes to play video games and watch wrestling on TV.  She has friends but never socializes with them. She's afraid to leave the house on her own, even to walk to the store and get her father a soda. 

He would like her to learn to do even these little things "so she can be a normal person," he said, but that he also fears she wouldn't fair well on her own outside the house.

"She will probably never be out alone because she's not like the other girls," Moya said. "She doesn't know what the other girls know or about life on the streets like the other girls."

In Mexico, he said, things are even much worse.

"A lot of criminals turn women into prostitutes," he said. "She would allow it because she doesn't know about these things and many, many, many women are killed daily. She would not really live long in Mexico especially with the problems she has."

Hough asked Moya if he had thought of moving to Mexico if his daughter was deported. This was one of the points where he started to cry. He said he had.

It would be a difficult decision, he said.

"I have a good job with the transportation authority," he said. "I have benefits, a retirement. I own a home."

The government attorney pressed Moya on his own recent arrest. He wanted Moya to admit to an arrest for petit larceny. Moya was more interested in defending his actions.

He said he wasn't arrested but just given an appearance ticket. He said he had been in a store and took the price tag off of one doll and put it on another, not knowing there was a $1 price difference between the dolls.

"I make $500 a week," he said, "why would I steal one dollar?"

He said he did own a shotgun but that Abigail didn't have access to it. It was locked in the basement of another resident and he didn't have shotgun shells for it. He said he bought so his wife could protect herself merely by brandishing it if any bad people came to her door.

Both attorneys expect to make closing arguments Nov. 2 but Connelly left the record open in case either attorney decides in the interim to present other exhibits or call additional witnesses.

Statement from Rep. Chris Collins:

“Last night, House Republicans had a very productive meeting with President Trump. I am pleased to hear he signed an executive order and is supportive of also fixing this crisis legislatively by closing the loopholes in our immigration laws and significantly increasing our border security.

It is very sad to see children without their parents at our borders, and as a compassionate country we are taking action to keep families together while making sure we won’t be faced with a similar crisis in the future.”

No details were released on the seven arrested locally. They were apprehended in Batavia, Elba, Byron and Bergen.

ICE provided examples of some of the people arrested without providing names or details on the locations of the arrests, such as: 

• A 39-year-old Mexican male with convictions for two counts of illegal entry, driving while intoxicated, and a protection order for domestic violence. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 23-year-old Guyanese male with convictions for driving while ability impaired and harassment, following his arrest for menacing with a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 53-year-old United Kingdom male with convictions for two separate convictions for felony grand larceny. He will remain in ICE custody pending the outcome of his removal proceedings.
• A 49-year-old Vietnamese male with convictions for theft, burglary, abuse, and menacing, following his arrest for menacing with a weapon, child endangerment, and criminal possession of a weapon. He will remain in ICE custody pending the outcome of his removal proceedings.

The arrests were made over a five-day period as part of an operation targeting at-large criminal aliens, illegal re-entrants, and other immigration violators.

ICE said half of those picked up had prior criminal convictions. Of the 23 who were counted among the non-criminal violators, four were fugitives and six illegally re-entered the country after being deported.

Criminal convictions of those arrested included: felony grand larceny, firearms possession, drug possession, child endangerment, abuse, driving under the influence of alcohol or a controlled substance, and forgery.

“Operations like this one demonstrate ICE’s continued focus on the arrest of dangerous criminal aliens as well as those who enter the United States illegally,” said Thomas Feeley, field office director for ERO Buffalo in a statement. “Illegal aliens will not find safe harbor in New York.”

In the press release, ICE states:

Some of the individuals arrested during this week’s enforcement action will be presented for federal prosecution for re-entry after deportation, a felony punishable by up to 20 years in prison. Those not being criminally prosecuted will be processed for removal from the country. Individuals who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country.

ICE stated that during the operation, which ended Jan. 12, officers may have encountered additional suspects who may be in the United States without proper documentation. Those persons were evaluated on a case by case basis and, where appropriate, arrested by ICE.

Before her deportation hearing this morning, immigrant-rights protestors rallied outside the Buffalo Federal Detention Facility in Batavia in support of Dolores Bustamante, a single mother who has been living and working in Wayne County.

Bustamante was taken into custody in 2014 when a trooper stopped her for a traffic infraction. Her attorney and supporters say the trooper violated State Police policy and constitutional protections by running an immigration status check on her. The trooper found she was in the country without proper documentation.

Her hearing was delayed until May this morning because the translator scheduled to handle the case couldn't speak clearly because of illness and no other translator was available.

Her attorney, Jose Perez, did make a motion to dismiss the case because Bustamante's rights had been violated by the trooper.

The judge refused to hear the motion because Bustamante's first attorney previously made factual admissions that Bustamante is from Mexico, was in the country without documentation, and admitted Bustamente was subject to possible removal.

That, Perez said, was a mistake by that attorney and could lead to a complaint to the New York State Bar for negligence and malpractice. 

The admissions potentially deny Bustamante the ability to challenge her arrest and deportation on constitutional grounds.

Once the complaint is filed with the Bar, the immigration judge can agree to hear and consider the motions.

Immigration-rights advocates in Central and Western New York are using Bustamante's case to highlight what they see as a disturbing trend under the Trump Administration to increase deportations, which are up 40 percent. 

Supporters say under the previous administration, Bustamante would not have as readily faced deportation because of her community ties, regular employment, and dependent children.

Perez said in May he will make the case that Bustamante would be granted asylum because she had been a victim of domestic violence in Mexico. Also, he noted, her son, who was not involved in gang activity in Mexico, was recently killed by gang members there, which could make it unsafe for Bustamante to return to Mexico.

NOTE: Information about proceedings in court this morning come entirely from the defense attorney in the case because of convoluted rules at the detention facility. For some reason, defendants are allowed only 10 friends and family guests in the courtroom, and for some inexplicable reason, journalists are included in that count. I agreed to leave so another family member could get into court, in part because of another inexplicable rule -- I couldn't have my mobile phone with me, even while attorneys were allowed their phones.