State of Washington et al v. United States of America et al
Filing
1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Receipt # 0981-5372043) Attorney Laura K Clinton added to party Commonwealth of Massachusetts(pty:pla), Attorney Laura K Clinton added to party Commonwealth of Pennsylvania(pty:pla), Attorney Laura K Clinton added to party Commonwealth of Virginia(pty:pla), Attorney Laura K Clinton added to party State of California(pty:pla), Attorney Laura K Clinton added to party State of Delaware(pty:pla), Attorney Laura K Clinton added to party State of Illinois(pty:pla), Attorney Laura K Clinton added to party State of Iowa (pty:pla), Attorney Laura K Clinton added to party State of Maryland(pty:pla), Attorney Laura K Clinton added to party State of Minnesota (pty:pla), Attorney Laura K Clinton added to party State of New Jersey(pty:pla), Attorney Laura K Clinton added to party State of New Mexico(pty:pla), Attorney Laura K Clinton added to party State of New York(pty:pla), Attorney Laura K Clinton added to party State of North Carolina(pty:pla), Attorney Laura K Clinton added to party State of Oregon(pty:pla), Attorney Laura K Clinton added to party State of Rhode Island (pty:pla), Attorney Laura K Clinton added to party State of Vermont(pty:pla), Attorney Laura K Clinton added to party State of Washington(pty:pla), Attorney Laura K Clinton added to party The District of Columbia(pty:pla), filed by State of Minnesota, Commonwealth of Pennsylvania, State of Delaware, Commonwealth of Massachusetts, State of Washington, The District of Columbia, State of North Carolina, Commonwealth of Virginia, State of New Mexico, State of California, State of Iowa, State of Rhode Island, State of New York, State of Vermont, State of New Jersey, State of Maryland, State of Illinois, State of Oregon. (Attachments: #1 Exhibit Exhibits 1-40, #2 Exhibit Exhibits 41-80, #3 Exhibit Exhibits 81-100, #4 Exhibit Exhibits 101-110, #5 Exhibit Exhibits 111-131, #6 Civil Cover Sheet, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons, #16 Summons, #17 Summons, #18 Summons, #19 Summons)(Clinton, Laura)
<![CDATA[
Exhibit 41
Exhibit 42
Exhibit 43
A family was separated at the border, and this distraught father took his own life - The W... Page 1 of 2
The Washington Post
National Security
A family was separated at the border, and this distraught father took his own life
by Nick Miroff June 9 Email the author
A Honduran father separated from his wife and child suffered a breakdown at a Texas jail and killed himself in a
padded cell last month, according to Border Patrol agents and an incident report filed by sheriff’s deputies.
The death of Marco Antonio Muñoz, 39, has not been publicly disclosed by the Department of Homeland Security,
and it did not appear in any local news accounts. But according to a copy of a sheriff’s department report obtained
by The Washington Post, Muñoz was found on the floor of his cell May 13 in a pool of blood with an item of clothing
twisted around his neck.
Starr County sheriff’s deputies recorded the incident as a “suicide in custody.”
Muñoz’s death occurred not long after the Trump administration began implementing its “zero-tolerance”
crackdown on illegal migration, measures that include separating parents from their children and the threat of
criminal prosecution for anyone who enters the United States unlawfully.
[Trump’s ‘zero tolerance’ at the border is causing child shelters to fill up fast]
Much of the controversy generated by the approach has centered on its potentially traumatic impact for migrant
children, but the government has said little about how it handles parents who become mentally unstable or violent
after authorities split up their families.
Officials at U.S. Customs and Border Protection in Washington, which oversees border enforcement, had no
immediate comment on Muñoz’s death nor the whereabouts of his wife and child. Starr County authorities refused
to provide a copy of Muñoz’s autopsy report and did not respond to several phone messages requesting more
information about the cause of death.
An official at the Embassy of Honduras in Washington, Assunta Garcia, said the nation’s ambassador was the only
person authorized to comment on Muñoz’s death. But Garcia said he was too busy attending to a visit from
President Juan Orlando Hernández.
According to Border Patrol agents with detailed knowledge of what occurred, Muñoz crossed the Rio Grande with
his wife and 3-year-old son on May 12 near the tiny town of Granjeno, Tex. The area is a popular crossing point for
Central American families and teenagers who turn themselves in to apply for asylum in the United States.
Soon after Muñoz and his family were taken into custody, they arrived at a processing station in nearby McAllen and
said they wanted to apply for asylum. Border Patrol agents told the family they would be separated. That’s when
Muñoz “lost it,” according to one agent, speaking on the condition of anonymity to discuss the incident.
“The guy lost his s---,” the agent said. “They had to use physical force to take the child out of his hands.”
Muñoz was placed in a chain-link detention cell, but he began punching the metal and shaking it violently, agents
said.
[Illegal border crossings remained high in May despite Trump’s crackdown]
Though Muñoz did not attempt to assault Border Patrol staff, he was at that point considered to be “pre-assault”
because he was so agitated. As one agent described it, Muñoz “had the look of a guy at a bar who wanted to fight
someone.”
“We had to get him out,” the agent said. “Those cells are about as secure as a dog kennel. He could have hurt
someone.”
Unruly detainees typically are taken to local jails, where they can be placed in more secure settings or isolation
cells, known as administrative segregation. Border Patrol agents found a vacant cell for Muñoz 40 miles away at
https://www.washingtonpost.com/world/national-security/a-family-was-separated-at-the-b...
6/25/2018
A family was separated at the border, and this distraught father took his own life - The W... Page 2 of 2
the Starr County Jail in Rio Grande City. When they attempted to place Muñoz in the van, he tried to run away and
had to be captured and restrained.
“He yelled and kicked at the windows on the ride to the jail,” an agent said. Shackled and handcuffed, Muñoz
attempted to escape again upon arrival and once more had to be restrained.
According to the sheriff’s department report, Muñoz was booked into the jail at 9:40 p.m. He remained combative
and was placed in a padded isolation cell, it says.
Guards said they checked on Muñoz every 30 minutes and observed him praying in a corner of his cell the following
morning.
A guard who walked by the cell at 9:50 a.m. said he noticed Muñoz lying in the center of the floor, unresponsive and
without a pulse. The guard “noticed a small pool of blood by his nose” and “a piece of clothing twisted around his
neck which was tied to the drainage location in the center of the cell,” according to the incident report filed by the
sheriff’s department that morning.
Paramedics found Muñoz dead, his electrocardiogram showing a “flat line,” according to the report. The sheriff’s
department said it attempted to contact Honduran authorities who could reclaim Muñoz’s body, but they received
no answer at a consulate. Muñoz’s wife and son were later released from Border Patrol custody, according to one
agent.
Another agent familiar with what happened said he couldn’t understand why Muñoz “would choose to separate
himself from his family forever” by taking his own life. Homeland Security officials say they are doing more to
explain the separation process to parents and have set up a special hotline to help them locate their children after
several reports of migrants being sent back to Central America while their children remain in U.S. foster care
thousands of miles away.
Comments
Nick Miroff covers immigration enforcement, drug trafficking and the Department of Homeland
Security on The Washington Post’s National Security desk. He was a Post foreign correspondent in
Latin America from 2010 to 2017, and has been a staff writer since 2006. Follow @NickMiroff
https://www.washingtonpost.com/world/national-security/a-family-was-separated-at-the-b...
6/25/2018
Exhibit 44
The Trump administration changed its story on family separation no fewer than 14 times ...
Page 1 of 3
The Washington Post
The Fix Analysis
The Trump administration changed its story on family separation no fewer than 14 times before ending the policy
by JM Rieger June 20 Email the author
First it was a deterrent. Then it wasn’t.
It was a new Justice Department policy. Then it wasn’t.
The Trump administration was simply following the law. Then it said separations weren’t required by law.
It could not be reversed by executive order. Then it was.
President Trump’s political gambit to force an immigration bill through Congress backfired Wednesday amid a
series of wildly contradictory statements — which you can see for yourself in the video above — from a White House
that has been without a communications director since Hope Hicks left in March.
As outrage grew over Trump’s “zero tolerance” policy on migrant family separations, White House officials could not
even agree on what was happening at the southern border.
“This administration did not create a policy of separating families at the border,” Homeland Security Secretary
Kirstjen Nielsen said Monday.
On Tuesday, Marc Short, the White House director of legislative affairs, said it was indeed a policy.
“This is not a policy that people are excited about,” he said.
When a reporter asked Nielsen on Monday whether the policy was being used as a deterrent, she called the
question “offensive.”
Hours later, Attorney General Jeff Sessions told Fox News Channel’s Laura Ingraham that yes, the policy was meant
to send a “message” to immigrants crossing the border illegally.
For days, Trump, Sessions and Nielsen insisted that family separation was required by law. Then White House
counselor Kellyanne Conway told CNN that “nobody said” the law mandated family separation.
When asked about the policy in May, Nielsen testified there was “training information” for officials tasked with
separating families. Then in June, Manuel Padilla Jr., Border Patrol chief for the Rio Grande Valley, told reporters
that no “separation process” existed.
In blaming Congress for White House policy Tuesday, Short said a shortage of congressional funding for additional
immigration judges was causing the overflow at detention facilities. Two hours later, Trump said: “I don't want
judges. I want border security.”
Trump threatened that he would not sign a “moderate” House Republican immigration bill Friday. Hours later, the
White House said Trump did, in fact, support the “moderate” bill.
And when reporters asked Trump on Friday why he would not reverse his two-month-old policy via executive order,
Trump shot back, “You can’t do it through an executive order.”
Five days later, Trump contradicted himself again.
1561 Comments
https://www.washingtonpost.com/news/the-fix/wp/2018/06/20/the-trump-administration-c...
6/23/2018
The Trump administration changed its story on family separation no fewer than 14 times ...
Page 2 of 3
JM Rieger is the video editor for The Fix. Follow @RiegerReport
https://www.washingtonpost.com/news/the-fix/wp/2018/06/20/the-trump-administration-c...
6/23/2018
The Trump administration changed its story on family separation no fewer than 14 times ...
Page 3 of 3
Inside 'Trump Revealed'
Read stories based on reporting for “Trump Revealed,”
a broad, comprehensive biography of the life of the
president.
• Reporting archive: Trump’s financial records,
depositions and interview transcripts
https://www.washingtonpost.com/news/the-fix/wp/2018/06/20/the-trump-administration-c...
6/23/2018
Exhibit 45
Exhibit 46
Exhibit 47
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 1 of 4
Official website of the Department of Homeland Security
U.S. Customs and
Border Protection
(/)
(/)
U.S. Border Patrol Southwest Border
Apprehensions by Sector FY2018
Southwest Border Unaccompanied Alien Children (0-17 yr old) Apprehensions
Comparisons below reflect Fiscal Year 2018 (October 1, 2017 - May 31, 2018) compared to the
same time period for Fiscal Year 2017.
Unaccompanied Alien Children by Sector
FYTD2017
FYTD2018
% Change
FYTD17 to FYTD18
469
835
78%
1,082
863
-20%
882
1,717
95%
El Paso
2,882
3,136
9%
Laredo
1,306
1,934
48%
Rio Grande
18,974
14,846
-22%
San Diego
1,053
1,492
42%
Tucson
2,523
3,576
42%
Yuma
1,892
3,973
110%
USBP
Southwest
Border Total
31,063
32,372
4%
Sector
Big Bend
Del Rio
El Centro
Southwest Border Family Unit* Apprehensions
Comparisons below reflect Fiscal Year 2018 (October 1, 2017 - May 31, 2018) compared to the
same time period for Fiscal Year 2017.
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/20/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 2 of 4
Family Unit* Apprehensions by Sector
FYTD2017
FYTD2018
% Change
FYTD17 to FYTD18
669
543
-19%
Del Rio
1,991
1,509
-24%
El Centro
1,393
1,613
16%
El Paso
7,401
4,765
-36%
Laredo
697
361
-48%
Rio Grande
40,912
36,745
-10%
San Diego
2,463
1,996
-19%
Tucson
1,508
2,806
86%
Yuma
4,055
8,775
116%
USBP
Southwest
Border Total
61,089
59,113
-3%
Sector
Big Bend
Unaccompanied Alien Children Apprehensions by Country
Numbers below reflect Fiscal Years 2013-2017, FYTD 2018 (October 1, 2017 - May 31, 2018)
Unaccompanied Alien Children Apprehensions by Country
Country
FY 2013
FY 2014
FY 2015
FY 2016
FY 2017
FYTD 2018
5,990
16,404
9,389
17,512
9,143
2,690
Guatemala
8,068
17,057
13,589
18,913
14,827
16,480
Honduras
6,747
18,244
5,409
10,468
7,784
6,350
Mexico
17,240
15,634
11,012
11,926
8,877
6,690
El
Salvador
Family Unit* Apprehensions by Country
Numbers below reflect Fiscal Year 2016 and 2017, FYTD 2018 (October 1, 2017 - May 31, 2018)
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/20/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 3 of 4
Family Units* Apprehensions by Country
Country
FY 2016
FY 2017
FYTD 2018
El Salvador
27,114
24,122
7,167
Guatemala
23,067
24,657
29,278
Honduras
20,226
22,366
20,675
Mexico
3,481
2,217
1,461
*Note: (Family Unit represents the number of individuals (either a child under 18 years old,
parent or legal guardian) apprehended with a family member by the U.S. Border Patrol.)
Southwest Family Unit Subject and Unaccompanied Alien Children Apprehensions Fiscal Year
2018 - By Month
October November December January February March April May
FMUA
UAC
Total Apprehensions
FY 2018 NOV
FY 2018 NOV
FY 2018 NOV
Big Bend
120
148
827
Del Rio
163
108
1,187
El Centro
246
217
2,123
El Paso
379
321
1,647
Laredo
60
202
2,282
Rio Grande
4,357
1,815
11,729
San Diego
206
196
2,760
Tucson
369
529
4,561
Yuma
1,116
439
1,970
USBP
Southwest
Border
Total
7,016
3,975
29,086
Sector
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/20/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 4 of 4
Back to Southwest Border Migration (/newsroom/stats/sw-bordermigration)
Last modified: June 6, 2018
Tags: Statistics, U.S. Border Patrol, Unaccompanied Alien Children (UAC)
Share This Page.
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/20/2018
Exhibit 48
Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 1 of 18
White House chief of staff John Kelly is pictured at President Trump's Mar-a-Lago resort in Palm Beach, Fla., last
month.
Mandel Ngan/AFP/Getty Images
Editor's note: This post contains language some may find offensive.
NPR's Southwest correspondent John Burnett speaks with White House chief of staff
John Kelly. Here's a partial transcript of their conversation, which has been edited
for clarity.
Burnett started by talking with Kelly about how much time he spends with President
Trump:
https://www.npr.org/2018/05/11/610116389/transcript-white-house-chief-of-staff-john-kell... 6/22/2018
Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 2 of 18
John Kelly: I do spend a huge amount of time with him. Now, less so today. When I
when I got here there was a lot of work to be done organizational work to be done. So I
spent every minute with him. But that was to train the staff as to how to interact with
the president because it was that needed to be done and to organize how people
interact with the president in the Oval Office.
John Burnett: So how many hours a day would you figure?
I don't know, seven or eight.
Wow, OK.
Five, six, seven, eight.
What do you do to start your day?
The minute I start, I start. I mean it's work. I leave the house. We live, we moved to a
house in Manassas, which was the house that we would live in I'd never work another
day when I retired from the Marine Corps. So it's about a 40-minute drive. I get
driven in by the Secret Service. I get my fair amount of threats. But anyway.
So when I get in the car at 5:30 I have to read, basically cover-to-cover, The New York
Times, The Washington Post, the CNN website, the FOX News website, Politico and a
website I never read before until I got this job: Breitbart. So, you know, to get that end
of the political spectrum. So that's from 5:30 and I get home at 8, 8:30 or later.
OK. What do you what do you drink when you get home?
Wine usually. Unless my wife's in California, which she is now, and you know I hit the
hard stuff.
https://www.npr.org/2018/05/11/610116389/transcript-white-house-chief-of-staff-john-kell... 6/22/2018
Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 3 of 18
What kind of wine?
Cheap red wine.
So what's harder — commanding Marines in a combat zone in Iraq or
bringing order to the Trump White House?
Working in the White House is the hardest thing I've ever done in my life, bar none.
Talk about that.
Well, first, with all due respect to people like yourselves, I was not ready for the press
that covers a White House. All of my time, and you remember it a little bit, I think, we
were pretty good to you guys. We had a good team effort going in the field. When I
was working in the Pentagon at a higher level, senior level the Pentagon press corps
were really good to work with. I mean they, they seldom wrote or did the story you
wanted to read, naturally, but they were really professional in trying to get the
accurate aspect of every story. It wasn't personal. It was pretty professional. And I still
call some of them ... good acquaintances. This is vastly different. This is — it's
personal, it's vicious. ...
I did my first off the record — that was immediately violated. But after about six weeks
in a job one of the reporters said to me, "Look you were our worst nightmare. This
place was a clown show before you showed up. We didn't think this president would
last a year [or] 18 months. Now that you're here, there's order to the place. The leaks
all but went away. So, sorry but you got to go." So here I am, sitting, still here.
With your background valuing chain of command and military discipline,
do you feel like you've brought some discipline and integrity to this inner
circle?
They overstate that, press covers that a lot. Again, I don't mean to be too hard on the
press but they — I know everything. Right? And so when I read the press accounts of
what's going on here, I say, "gee, how could they have gotten that that wrong?" So I
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Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 4 of 18
think the press, and maybe it's because only certain people talk and those people
maybe leak or are sources — and maybe those people aren't as honorable as they
should be. But when I read what they write, I think to myself they may have had some
low-level source and that's — and to write a story like that — whatever "that" is for a
major newspaper like the Post or the Times -- to base it on almost rumor strikes me as
being a little bit — not the way to do business.
There's been some reporting about some derogatory words that you use to
describe the president. I know you've denied it. How would you describe
your relationship with Donald Trump?
The president and I have a very close relationship. I've always — my view is to speak
truth to power. I always give my opinion, on everything. Sometimes — he always
listens. Sometimes he takes the opinion, sometimes he doesn't. The good thing about
the president is he does listen to people and when I — the organization I brought to
the place is whatever the topic is, generally speaking, we will have a group in there of
very — a spectrum. So if it's taxes, you'll have someone who thinks you know very
liberally about taxes and someone who's on the arch-conservative side and then a
sprinkling of everyone in the middle. And then there's a discussion and generally if
there's a decision to be made then I help execute that. So we have a very close
relationship in the sense of – I'm his chief of staff and I tell him what I think is always
the truth is and whether he goes along with my recommendations is another story.
How would you describe his intellect?
Very smart – a very, very smart guy. I mean a super smart guy. But I think it wouldn't
surprise you to know he's very strong. He's very strong in terms of trade, taxes,
business and he's a quick study on everything else. He's a pretty bright guy.
So do you have any regrets about taking this job nine months ago? You
know, there have been reports that you're considering leaving.
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Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 5 of 18
First of all, I didn't get a vote. Took $30,000 a year cut to take this job from what I
was doing at DHS and I say that only because I'm one of the probably the few people
around here that isn't really rich, at my age anyways. You know, the sense of duty. It
was clear from my perch at DHS that the White House was less organized than our
president deserved. So when he said, "I really need you to come down, what do you
say?" I came down.
You seriously considered leaving?
No. I mean there's times of great frustration, mostly because of the stories I've read
about myself or others that I think the world of which is just about everyone that
works at the complex. You wonder if it's worth it to be subjected to that. But then I
grow up and suck it up.
Do the president's inaccurate statements; everything from the number of
people he believes voted illegally, to the size of the inauguration crowd, or
to the payments to the lawyer regarding Stormy Daniels — do inaccurate
statements make your job harder?
You know, I'm not so sure they're inaccurate. I wasn't here for the for the first two
examples. One of the things we've all done here we have to do here, John, in terms of
these outside accusations — we've had to really build a firewall between the White
House staff that works for the president of the United States and the personal legal
staff that works for Donald Trump. And that comes together in one individual here
that works at the White House. But, like, Sarah Sanders when she's asked a question
and she says, "I don't know, ask Rudy Giuliani," she's not punting it. She... we all work
very hard not to know the issues related to Donald J. Trump. We work very, very hard
to master the issues related to the president of United States.
Are there things that you wish you personally had done differently in this
job?
In retrospect, I wish I had been here from Day 1.
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Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 6 of 18
How so?
Well because that's six months, I think in some cases in terms of staffing or serving
the president that first six months was pretty chaotic and there were people — some
people hired that maybe shouldn't have hired some people that were — it was just, I
wish I'd been here from the beginning because I could have brought the organization
from, you know, from Day 1 as opposed to — Now it's not that things were a disaster
for that six months, but I believe they could have been better.
The president keeps calling the Russian investigation a witch hunt, do you
do you think it is? Do you think it's a witch hunt against the president?
From what I read in the newspaper, because I have no knowledge — as I say, I've built
a firewall. From what I read and observe in the news media — something that has
gone on this long without any real meat on the bone, it suggests to me that there is
nothing there, relative to our president.
Is there a cloud hanging over this White House?
Well yeah, you know, there may not be a cloud but certainly the president is you know
somewhat embarrassed, frankly. When world leaders come in - it's kind of like you
know Bibi Netanyahu is here — who's under investigation himself — and it's like, you
know, you walk in and you know the first couple of minutes of every conversation
might revolve around that kind of thing.
What kind of thing?
Well, it's a distraction.
The Russia investigation?
Or whatever. It's just a distraction for him. He has, you know, he has said this himself
in the press or publicly that he really wants to reach out and have a good relationship
with say Russia in the same way the head does with Xi from China. And hopefully Kim
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Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 7 of 18
from North Korea. But he's but he's a little hesitant to do that right now because of
what you say is a cloud.
Regarding the Iran nuclear deal. You served as special assistant to the
Supreme Allied Commander in Europe and at U.S. Southern Command
with responsibility over Latin America. You understand the importance of
working with U.S. allies. Are you concerned we're going to lose our trust
because of pulling out of the Iran deal?
I don't think so. I mean it was a horrible deal. The best deal someone thought they
could get. Horrible deal.
What's Step 2 now that we pulled out? What is the new deal?
Re-establishing, not re-establishing, but ensuring that a country that has been has
been very unreliable in their claims about not ever having a nuclear program etc.
doesn't get a nuclear program. And in a country that is developing [intercontinental
ballistic missiles] ... the rational man and woman can't quite understand why he'd
need an ICBM that could reach Europe or the United States. It's the same kind of
point that he's making to Kim — why do you need nuclear weapons? Why do you need
an ICBM that can hit the United States? We have no intention of invading you. Work
this thing out with your brothers and sisters to the south. So, the Europeans are
decided to stay in. And I think we'll help them improve on the [agreement] that they
have with Iran.
Regarding the upcoming summit with Kim. How can you be sure that he's
not going to trick you? We've been down this road so many times before
and there have been disappointments with that country.
Not sure, but this president's got his eyes wide open. There is, he really — believe me –
the president really wants this to work. We talk fairly frequently about nuclear
weapons and he's just astounded that the United States that the human race could
have gotten itself into this dilemma with all of these nuclear weapons. As he says, to
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Transcript: White House Chief Of Staff John Kelly's Interview With NPR : NPR
Page 8 of 18
help North Korea see the light, give up its nuclear program and its missile program
would be a wonderful thing. But, as he said, hopefully it'll work out maybe it won't.
But I don't think he'll fall for it in the same way. I know he won't fall for it in the same
way that past presidents have - that get strung along, strung along, lift the sanctions,
give them money and get nothing for it.
Finally, to immigration. You were only at DHS for about six months. But
you had a consequential time there. Aggressive enforcement was begun
right after the president came into office. Are you still interested in
border security and immigration from your perch here?
Yeah, I mean it's not something I think about as much as when I was at DHS. But you
know when I was at DHS, I certainly carried the same point of view and that is we
have immigration laws. We have border protection laws that are simply ignored or
have been ignored.
One of the things that we did at my first day at DHS we just said to the men and
women of ICE and the men and women of CBP — Customs and Border Protection;
just go to your job, and do it legally do it humanely. But go do your job. That,
combined frankly, with Mr. Trump coming in — his campaign promises and whatnot
— the immigration fell off dramatically. Mostly because people are not willing to take
the chance of spending a huge amount of money to them – $6,000, $12,000, $15,000
— to have the traffickers get them to the United States.
And if you believe what Donald Trump was saying and he does believe it — quick
return to where you came from. We have a serious problem internally. We have very,
very, I'd say chaotic immigration laws that we have just got to change. I mean this is
all on the United States Congress — they don't do. They have not done anything to
address this. And I could give you example after example of laws.
In terms of the Deferred Action for Childhood Arrivals program, where
are you putting your hopes now?
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It's astounding to me, and it should be to the world — that the president from what he
was saying during the campaign to what he agreed upon with the with the four pillars,
to take 670,000 people who were covered under the Obama DACA program ... The
second 670,000 of course were the ones that were going on under the Obama
administration that for some reason didn't get around to registering which is very
easily done.
I believe you said that they needed to get off their lazy asses and register.
I believe that's a quote. But for whatever reason they didn't get off their butts. The fact
is that this president said, "throw them in there so," we get 1.8 million. That was
earthshaking enough. And then a path to citizenship. I thought based on all of the
rhetoric I was getting from the particularly the Democrats on the Hill both sides of the
aisle both sides of the hill that they, I mean that was Nevada and they you know they
tap that around and tossed it around.
What would you like to see happen legislatively right now?
Right now I would like to see legislatively the four pillars enacted. And I think those
that did not grasp the four pillars and pass it, have let down 1.8 million DACA people
— either full recipients or the ones that didn't get around to signing up and they're still
in limbo. And this president wants to get them out of limbo and get them into heaven.
But it is astounding to me with all of my interactions with the Hispanic Caucus, the
Democratic Caucus, all of that that when this stuff was served up on a silver platter
they did nothing.
And then in terms of temporary protected status, there was a report that
you called acting DHS Secretary Elaine Duke and said, "I urge you to
cancel that status for the Hondurans." Is that true?
It is not true. I called her because she was not making a decision and I said, "look, I
don't care what you do."
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So you think all the TPS status should be canceled for all the countries?
I think we should fold all of the TPS people that have been here for a considerable
period of time and find a way for them to be [on] a path to citizenship. Use the
Haitians as an example.
A path to citizenship rather than sent home?
Yeah. Well, they were there in a legal status under TPS, that's a big deal. They're under
legal status. You take the Central Americans that have been here 20-plus years. I
mean if you really start looking at them and saying, "OK you know you've been here
20 years. What have you done with your life?" Well, I've met an American guy and I
have three children and I've worked and gotten a degree or I'm a brick mason or
something like that. That's what I think we should do — for the ones that have been
here for shorter periods of time, the whatever it was that gave them TPS status in the
first place. If that is solved back in their home countries they should go home.
So did you disagree with the decision by your successor Secretary Nielsen
that Salvadorans and Hondurans and Haitians who've been here a very
long time should have been allowed a path to citizenship?
I did not talk to her about it. But let me go back to ... Duke, one more time. My phone
call to her was I don't give a shit what you decide. Just make a decision. We were at
the point we needed to make a decision on that particular group of people. She
seemed to be incapable of making it. I just called and said I don't care what you do.
Just do something. They stay or they go. ...
In fact, she was in the office here on her last day apologizing for however that story get
out. But anyway.
I think by doing what she's done Secretary Nielsen once again is forcing the United
States Congress to do something. I mean I can't tell you, John, the number of times in
my hearings when they would ask me about why we're doing this so that what your
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philosophy is on immigration or whatever. I just said look you make the laws. I
execute the laws. I can't pick and choose what laws to enforce. I would be, I should be
thrown out of the job if I do that. Just do your job. Fix the problem. Or as I said in
some remarks just shut up and let us do our job.
The president sent National Guard troops to the border and said he's
going to keep them there until the border wall is built. Do you think that
Mr. Trump continues to put too much stock in a border wall as the answer
to border security?
You know, physical barriers work. Mr. Trump ... two years before he became the
president-elect was talking about barriers along the border. He acknowledged the fact
way back then that this was not going to be a concrete wall from sea to shining sea.
That there were places we didn't need a wall. Places that were just too rough and
people didn't know the big bend section of Texas is an example. You don't need a wall
there. You know the mountain goats can't get through.
There's other places particularly where you are close to cities on the U.S. side will you
very definitely need a barrier ... along the California border cut illegal immigration by
97 percent. So those border crossings — San Ysidro I think is 100,000 people come in
every day, legally Mexicans. Something like that. And let me say a very, very large
number. And at the end of the day a very, very large number the same people go back
home to Mexico. What did they do in the United States? They shop, they work. They
bring their kids to school. You know Catholic schools or private schools. Bring them
back. We want that kind of movement. What we don't want is illegal immigrants.
Are you in favor of this new move announced by the attorney general
early this week that if you cross the border illegally even if you're a
mother with your children [we're going] to arrest you? We're going to
prosecute you, we're going to send your kids to a juvenile shelter?
The name of the game to a large degree. Let me step back and tell you that the vast
majority of the people that move illegally into United States are not bad people.
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They're not criminals. They're not MS-13. Some of them are not. But they're also not
people that would easily assimilate into the United States into our modern society.
They're overwhelmingly rural people in the countries they come from – fourth, fifth,
sixth grade educations are kind of the norm. They don't speak English, obviously
that's a big thing. They don't speak English. They don't integrate well, they don't have
skills. They're not bad people. They're coming here for a reason. And I sympathize
with the reason. But the laws are the laws. But a big name of the game is deterrence.
Family separation stands as a pretty tough deterrent.
It could be a tough deterrent — would be a tough deterrent. A much faster turnaround
on asylum seekers.
Even though people say that's cruel and heartless to take a mother away
from her children?
I wouldn't put it quite that way. The children will be taken care of — put into foster
care or whatever. But the big point is they elected to come illegally into the United
States and this is a technique that no one hopes will be used extensively or for very
long.
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Exhibit 49
US Attorney General Jeff Sessions On Children Separated From Parents At Border, F-... Page 1 of 9
TUE, JUN 5, 2018 | BY HUGH HEWITT
U S Atto r neyG ener a l J ef f S es s i o ns On C h i ld r en
S ep a r a ted F r o m P a r ents At B o r d er ,F - 1 V i s a s F o r
P R C S tu d ents ,And M a s ter p i ece C a k es h o p D eci s i o n
U.S. Attorney General Jeff Sessions joined me this morning to discuss the Administration’s
policies at the border vis-a-vis children, whether unaccompanied or with a parent:
Audio:
06-05hhs-sessions
Transcript:
HH: I’m so pleased to welcome back to the Hugh Hewitt Show the Attorney General of the
United States, Jeff Sessions. General Sessions, welcome back.
JS: Good morning, Hugh.
HH: Let me begin. Is it absolutely necessary, General, to separate parents from children
when they are detained or apprehended at the border?
JS: Yes. What’s happening is we are having more people coming bringing children with
them entering between the ports of entry, between the ports of entry illegally, and they’re
not, you cannot give them immunity. That’s an offense. We believe every person that enters
the country illegally like that should be prosecuted. And you can’t be giving immunity to
people who bring children with them recklessly and improperly and illegally. They should
never do that. And so those children are being well taken care of. Within 72 hours, they’re
taken to the Health and Human Services to be sure they’re properly cared for. And those
persons will have, the adults will be prosecuted like the law requires.
HH: I understand the prosecution part. But is it necessary to separate the children? Could
they not be detained in facilities where at least mothers and infants could remain together?
JS: Well, most are not infants. Most are teenagers, although we do have a number of
younger ones now, more than we’ve seen recently. And they are maintained in a very safe
environment not by the law enforcement team at Homeland Security, but put with Health
and Human Services. And they are kept close by, and if the person pleads guilty, they
would be deported promptly, and they can take their children with them. And, but we do,
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the Homeland Security can only keep these children for 72 hours before they go to Health
and Human Services.
HH: But General, what I’m pressing on, because I’m disturbed by this. I don’t think children
should be separated from biological parents at any age, but especially if they’re infants and
toddlers. I think it’s traumatic and terribly difficult on the child. Is it absolutely necessary to
do so? Can’t we have facilities where parents remain united with kids?
JS: Well, we can, we’d be glad to work at that, and actually, to keep them as close as
possible, and then they’re deported. But the law requires us to keep children in a different
facility than we do for adults. And every time somebody, Hugh, gets prosecuted in America
for a crime, American citizens, and they go to jail, they’re separated from their children. We
don’t want to do this at all. If people don’t want to be separated from their children, they
should not bring them with them. We’ve got to get this message out. You’re not given
immunity. You have to, you will be prosecuted if you bring, if you come illegally. And if you
bring children, you’ll still be prosecuted.
HH: I understand the message.
JS: I’m saying the only thing we can do about this, and certainly, we prefer to keep the
children close by. And if we have a prompt hearing, as we do in many cases, they go back
home with their children.
HH: You know, I understand the deterrent, and I understand there are 2.7 million children in
America with a parent who’s incarcerated and are separated. But if it’s possible to build
detention facilities, because these people have not been adjudicated guilty, they’re under
suspicion, could we not provide…I spent 17 years in Orange County working on children
and families issues trying to keep people who fell into homelessness together with their
children because of the impact on children, Mr. Attorney General. Surely, you’ll agree that’s
a terrible thing for a child, isn’t it?
JS: Well, it is, but this is not like somebody getting ten years in jail. I mean, these are often
within days. Now if they get into a prolonged asylum process, the children are then turned
over to some sort of family that is to take care of them while the adult may be in trial. But
basically, the adults are frequently getting bail, too, and be able to be with their children. So
it’s not, it’s certainly not our goal to separate children, but I do think it’s clear, it’s legitimate
to warn people who come to the country unlawfully bringing children with them that they
can’t expect that they’ll always be kept together.
HH: I had the deputy secretary…
JS: We don’t have the capacity now to do it.
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HH: All right, I had the deputy secretary of HHS on last week, and he explained to me how
the 10,000 children in the care of the United States are cared for at more than 100-plus
facilities. Have you, Mr. Attorney General, visited any of those facilities?
JS: I have not visited them. Those are within the ambit of the Homeland Security and the
Health and Human Services. But I believe for the most part they’re well taken care of. They
turn, but I’ve got to tell you, we have some problems like we don’t often know who it is that
comes and picks them up. And sometimes, they’re illegally in the country also. Sometimes,
we take them to places from the border to Denver, to Chicago, to Islip, New York. We
transport them to the place they want to go. Many of the children are taken in that fashion.
It’s really an amazing thing. We need to get this border under control. We need better,
we’re going to see some new legislation through Congress, and we want to send a
message to the world that if you want to come to America, make your application and wait
your turn.
HH: Good message. Senator Merkley attempted to visit one of these facilities in
Brownsville, Texas. He was not admitted. Should he have been admitted, Mr. Attorney
General?
JS: You know, I don’t know about that. There are protections and privacy protections for
children and families, but I’m just not aware of that.
HH: All right, there’s an organization…
JS: It would be under HHS’ control.
HH: There’s an organization called Kids in Need of Defense, www.supportKIND.org, and
they are, they’re liberal activists, but they have a point that these children deserve
representation, because many of them are eligible for asylum or refugee status. You’re the
chief law enforcement officer. Are you guaranteeing that these 10,000 children have
adequate access to legal counsel?
JS: I’m guaranteeing that they’re treated properly and lawfully. But so much of this is not
valid, these claims. You just can’t decide you want to come to America regardless, and
when you’re not, don’t meet the standards for asylum demand entry to the United States,
demand that you appoint lawyers, and demand that you go through prolonged trials. About
20% of the unaccompanied children, come by themselves, that are stopped, are denied
immediately. And 80, then the rest go through an asylum process, which is fair and just and
takes time. And they get a hearing. And the judges are well aware that they’re young, and
they treat them with the proper care and concern. And of the 80% who actually go through
asylum processes, only 20% are successful. Most are denied, and many of them have no
legitimate claim at all. They were just coming here because they’d like to make more
money or for some economic reason.
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HH: Now I understand there’s a spectrum on this set of children that we’re talking about,
these 10,000 kids who are in custody, the 100,000 who are not in the custody of HHS, so
110,000 children. But among those, I think we’ll agree there are some who are obviously
coming as just simple economic journeyers. Others are refugees and asylum. But don’t they
all need counsel to be able to navigate our system? I don’t know that it’s a Constitutional
right, but it seems to be a moral right.
JS: No, I don’t think it’s a moral right, Hugh. No, no. If you come to the country, you should
come through, first, through the port of entry and make a claim of asylum if you think you
have a legitimate asylum claim. You shouldn’t try to get across the border at some desert
site, some remote site unlawfully and expect not to be promptly deported. We’ve caught,
over the years, millions of people, and they’ve been promptly deported. They don’t get trial
in federal court.
HH: But I am worried that a legitimate asylum seeker, refugee, would get to the country any
way that they could, and that once here, language or barriers of age or maturity would
prevent them from making the necessary application. And in this, I’m not, you know, I’m a
conservative. I’m for the border fence. I’m for a double long sided border fence, and have
been since before President Trump was for it. But I do care about these kids, and I’m
worried about abuse and neglect in large-scale facilities, you know, beadle [Mr. Bumble],
from Oliver Twist, if you remember the guy who ran that, and I’ve got Dickensian visions of
these facilities. And no one I know has been there, including you. Aren’t you worried?
JS: Well, I believe we’ve got great people at Health and Human Services who are
managing this. They stay under the Secretary of Homeland Security for only 72 hours
maximum, and they’re then to be placed with Health and Human Services. And they, we
have had some surges that have stressed HHS and DHS and how they handle the children,
but for the most part, we’ve been able to transport them. Actually, what’s happening, when
we say they’re in HHS custody, that means they’re in the custody of some, often, some
family person who’s holding them as they’ve wanted to be held. They get, we take them as
one witness at the committee said, to their destination city. And that may be Boston. It may
be Chicago. We take them from the border to Boston at our expense so they can stay with
somebody pending these claims of asylum. It’s really almost unbelievable how this works.
So the wall, as you suggest, would really be a deterrent for that. We want people to file
their application, not come unlawfully. And if they think their children are entitled to have,
be here, then they get to come, then they should apply properly for asylum.
HH: Mr. Attorney General, are you a grandfather?
JS: Yes, I am.
HH: Can you imagine your grandchildren separated from your children for a period of 72
hours or even longer in a dormitory with up to, the deputy secretary told me, 1,000 other
children and the impact on them of that?
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JS: Hugh, you can’t, the United States can’t be a total guarantor that every parent who
comes to the country unlawfully with a child is guaranteed that they won’t be, is guaranteed
that they will be able to have their hand on that child the entire time. That’s just not the way
it works.
HH: But we’re the United States of…
JS: But to be clear, in my opinion, I’ll agree with you this. I agree with you that I wish the
system would allow for that. I wish we could afford to do that. And maybe we’ll head in that
direction. I certainly think that would be preferable if we could do so. But the law says that
parents who come unlawfully are subject to prosecution. And the law says we must
carefully take care of any children that come, and they must be held not by the law
enforcement branch, but held by our Health and Human Services branch to ensure they’re
properly taken care of.
HH: Would you recommend to the President an executive order that says construct facilities
that allow parents in detention to remain with their minor children, at least those who are
under the age of 15 or 16, especially toddlers and infants, because we’re the United States
of America. We can afford to build these sorts of facilities. And I, by the way, agree with
zero tolerance for people who aren’t asylum seekers or refugees.
JS: Yeah.
HH: But we can afford this, and it’s so inhuman to take children away from their parents.
JS: Well, it is a tough thing when children, always tough to separate children from their
parents, of course. But it happens, sadly, every day when people go to jail in America.
HH: Well, I hope you can look at that, because I think it’s a killer issue as it is, because it
resonates with parents and grandparents everywhere. Let me turn to F-1 visas. This is a
second part of the immigration conversation. Newsweek reported in February, Mr. Attorney
General, that the FBI director said, “Chinese intelligence operatives are littered across U.S.
universities possibly to obtain information in fields like technology. Schools have little
understanding of this major predicament. In fact, there are 274,000 F-1 visa holders from
the People’s Republic of China.” This is a counterintelligence issue. What are we doing
about it?
JS: I think it’s a very serious issue. Our universities have welcomed students from around
the world. They’re very proud of that. But we are seeing exactly what you just mentioned. I
have serious concern about people from other countries, and notably China, where they
come here to go to our best universities, work their way into the most technically advanced
departments, and often transmit information, some of it improperly and illegally, back to
their home countries. It is a big problem. And this country cannot afford to spend billions
and billions of dollars in the private sector to develop technologies and then have it stolen
from us. And I think it’s, the President and I believe the FBI and others are far more
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focused on that in recent years since I’ve been here. It’s been raised up as a top priority of
our national security division in the FBI.
HH: Of the 274,000 people here from the People’s Republic of China on F-1 visas, what
percentage, do you think, pose counterintelligence risks?
JS: Well, I think it would be, you know, a smaller number, but even if it were 10%, you’re
looking at huge numbers. I mean, this is a real problem. And I have no idea exactly what
the percentage is, but I am certain that there are many people here that return back home
to China and are milked for everything they learn. And many of them have obtained
considerable information while they’re here.
HH: How do we keep track of them? Are we monitoring them on the campuses through
undercover agents, informants? What are we doing?
JS: You can’t monitor 274,000 people. This is just a huge problem. And we’ve got to be
more careful about who we admit first. Secondly, they should periodically have to report in
as to what they are doing, and we could make sure then whether or not they should
continue here. But what we know is people come as students, and the next thing you know,
they’re working with a defense contractor or some other business in a way that provides
intelligence for China or other countries. It’s a very big problem.
HH: Have you discussed…it is. Have you discussed with Secretary Pompeo or Director of
National Intelligence Coats or CIA Director Haspel how we raise with the Chinese this
problem, because if I were their intelligence agency, I’d be running as many of these kids
as I could as agents.
JS: It’s been discussed, yes, at the highest levels of this government. I’ll just say it that
way. And the FBI, which is part of the Department of Justice, the FBI is working with those
agencies right now, and it’s a difficult thing. And we’ve got, we may even have to have
some legislative changes. But the situation is not healthy. We need to take it seriously. We
can’t stick our head in the sand. And I strongly believe there’s more that needs to be done.
HH: Let me close by talking about Masterpiece Cakeshop, if I can. How did you view that
decision yesterday, Mr. Attorney General?
JS: Well, we were certainly pleased with the outcome. It was a 7-2 vote. It was more
technical than we would like, but it still was a big victory. We filed a brief in support of the
baker. So we were very happy, the Department of Justice was, with the result of that.
We’ve got a florist case that’s coming along also, and that one will raise some similar
issues. So it’s a big question, problem for people like this baker who basically can lose their
whole business because they’re not able to freely exercise their religious beliefs. We
believe the 1st Amendment, not believe, it’s in fact in the 1st Amendment that you have the
right to exercise your religious beliefs, not just think it in a closet somewhere, and live
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those beliefs where possible. And we think that the Court’s outcome was correct. We’re
very pleased with that.
HH: Justice Kennedy in dicta in the majority opinion wrote, “When it comes to weddings, it
can be assumed that a member of the clergy who objects to gay marriage on moral and
religious grounds could not be compelled to perform the ceremony without denial of his or
her right to the free exercise of religion. This refusal would be well understood in our
Constitutional order as an exercise of religion, and exercise that gay persons could
recognize and accept without serious diminishment to their own dignity and worth. Yet if
that exception were not confined, then a long list of persons who provide goods and
services for marriages and weddings might refuse to do so for gay persons, thus resulting
in a community-wide stigma inconsistent with the history and dynamics of civil rights law
that ensure equal access to goods, services and public accommodations.” Now that, Mr.
Attorney General, is a sweeping, I think, piece of dicta that says there’s a lot of free
exercise room here for not only clergy to not perform weddings with which they don’t agree,
but that protects the not for profit status, for example, of Christian colleges from a Bob
Jones University-like attack from that 1983 case. Do you agree with my reading of that?
JS: Well, I think as usual, your Department of Justice experience served you well. I think
yes, that’s essentially true. So what you’re got is public accommodation laws under the
state of Colorado, in this case, and that public accommodation says if somebody comes in
your business, you have to serve them. But it does not require you, we think, and the
Supreme Court has held at least in this case, that you’re not required to provide a cake at
somebody’s wedding that you don’t approve of because of your religious beliefs. I think,
Hugh, that we’ve got really too much litigation in this country and too much people standing
on rights. I mean, like surely somebody else will provide a cake for a wedding. Shouldn’t
we all be a little more respectful of each other and allow people to exercise their religion
even if we would not share that same view?
HH: I agree. And it came up, the tax exemption status came up in the oral argument in
Masterpiece, and most people are worried about that. As I said, this wasn’t a hard case,
but it was a dangerous one. The dangerous case is threatening tax exempt status because
people believe in traditional marriage and intimacy being limited to a man and a woman
inside of it. And I think Justice Kennedy was saying yes because of his comments about
pastors not having to marry same sex couples. And again, you can’t make the law, I can’t
make the law. I can just read what the Justice said. Do you agree that’s a fair reading of
the implication of his statement?
JS: Perhaps. I have not personally studied that footnote, but it is a, the tax exempt status,
is always a huge matter. And it’s a great, powerful weapon that the federal government can
use, and ought to be careful about using it.
HH: I’ll go back and finish with the children where we began. Would you commit to me, Mr.
Attorney General, to visit one of these facilities, because I know you, and I know that your
heart will go out to these kids. And I just think this is a big blind spot for the administration.
http://www.hughhewitt.com/attorney-general-jeff-sessions-on-the-immigration-policies... 6/11/2018
US Attorney General Jeff Sessions On Children Separated From Parents At Border, F-... Page 8 of 9
JS: Well, I appreciate, really, your concern and other people’s concerns. But we are, the
Department of Homeland Security and Department of Health and Human Services works
hard at that. And we do that this, Flores is this decision, a 21 year old consent decree, that
says that we can only hold children with their parents for 20 days, basically. We have a 20
day rule there that really needs to be changed. And maybe Congress only can do that. And
we could use Congressional action to help us keep children together better, frankly. So yes,
I think that this is an important issue. We want to do it right. We want to be sure children
are treated right. But I continue to urge anybody who wants to enter this country, and want
to claim asylum or break into the country illegally, do it, don’t come unlawfully. Come
through the ports of entry and make your claim. That’s the proper way to do it.
HH: But if I could press you, will you go and visit one of these facilities?
JS: Well, we’ll look forward to that opportunity, but we are trying to get this law enforcement
matter settled, and we’re trying to end the lawlessness at the border. The President
promised the American people want it.
HH: I agree.
JS: And we have to prosecute people who enter unlawfully, and that’s taking a great deal of
my time, you can be sure. And I will look into it. I’ll tell you that. I don’t know when I’ll be
able to visit, but I will look into it based on this phone call. I sure will.
HH: And last question, will you go with Jeff Merkley or make it possible for Senator Merkley
to get in?
JS: Well, Senator Merkley and I get along well…
HH: Yeah.
JS: And I’ll be glad to talk to him about it.
HH: Terrific.
JS: I’m not sure we can do my schedule in this fashion.
HH: Terrific. Attorney General Sessions, thanks for all the time this morning. You’ve been
very generous.
JS: All right. Thank you.
End of interview.
http://www.hughhewitt.com/attorney-general-jeff-sessions-on-the-immigration-policies... 6/11/2018
US Attorney General Jeff Sessions On Children Separated From Parents At Border, F-... Page 9 of 9
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Sessions cites Bible in defense of breaking up families, blames migrant parents
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Immigration
Sessions cites Bible in defense of breaking up families, blames migrant parents
The attorney general, in a speech to law enforcement officers in Indiana, called on his "church friends" not to blame him for the policy.
by Adam Edelman / Jun.14.2018 / 12:54 PM ET / Updated Jun.16.2018 / 1:56 PM ET
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Attorney Sessions spoke at a Justice Department training program on June 11, 2018, in Tysons, Virginia.Alex Wong / Getty Images file
General Jeff
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Attorney General Jeff Sessions on Thursday offered a full-throated defense of the Trump administration's policy of separating children from their parents at the border,
saying that this — kids does not give migrants immunity from prosecution — and found justification for his policies in the Bible.
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Sessions — who last month announced a "zero tolerance policy" to criminally prosecute people crossing the border illegally — made his latest remarks in a speech to law
•
enforcement officers in Fort Wayne, Indiana, telling the group that the migrant families were to blame for their own break-ups and that his department's separation of
•
families was not "unusual or unjustified."
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Sessions appeals to 'church friends' while defending immigration policy
Jun.14.201801:57
"If you cross the Southwest border unlawfully, then the Department of Homeland Security will arrest you and the Department of Justice will prosecute you. That is what the
law calls for — and that is what we are going to do," Sessions said. "Having children does not give you immunity from arrest and prosecution."
"However, we are not sending children to jail with their parents,” he said, adding that the policy "can result in short-term separation."
Recommended
Trump's executive order ended family separations, but legal challenges remain
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Who’s to blame for families being separated at the border?
"Noncitizens who cross our borders unlawfully, between our ports of entry, with children are not an exception," the attorney general said. "They are the ones who broke the
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law, they are the ones who endangered their own children on their trek. The United States, on the other hand, goes to extraordinary lengths to protect them while the parents
go •
through a short detention period."
•
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Current law does not prohibit separating children from their parents.
•
Crossing the border illegally is a misdemeanor for the first offense, and when parents are charged they end up in federal and separated from their children— an increasingly
dire situation that has drawn criticism from lawmakers in both major parties, as well as Christian groups, including the Rev. Franklin Graham, a supporter of President
Donald Trump. Graham said this week that the administration's efforts that led to families being "ripped apart" were “disgraceful.”
In addition, several evangelical groups sent a letter to the White House this month, asking Trump to protect families at the border that were fleeing violence.
Sen. James Lankford, R-Okla., a evangelical pastor and Christian camp director, tweeted Thursday morning that he was personally asking the White House "to keep
families together as much as we can."
In his remarks, Sessions hit back at the "concerns raised by our church friends about separating families," calling the criticism "not fair or logical" and quoting Scripture in
his defense of the administration's tough policies.
"Persons who violate the law of our nation are subject to prosecution ... I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the
laws of the government because God has ordained the government for his purposes," Sessions said. "Orderly and lawful processes are good in themselves ... and protect the
weak and it protects the lawful."
He called on religious leaders to "speak up strongly to urge anyone who would come here to apply lawfully, to wait their turn and not violate the law."
Later Thursday, White House Press Secretary Sarah Sanders doubled down on Sessions' comments, saying it is "very biblical to enforce the law."
"That is actually repeated a number of times throughout the Bible," she said, responding to a question about Sessions' comments about Scripture's supporting the
administration's policies.
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Immigrant families separated: Ryan calls for law change, Pelosi labels policy
'barbaric'
Jun.14.201801:09
Many of the children separated from their parents have ended up in enormous facilities that more closely resemble prisons, where they spend 22 hours per day during the
week locked inside overcrowded buildings.
Sessions, however, said the U.S. government facilities, which are run by the Department of Health and Human Services, "care for the children in a good and decent and
proper way" and blamed the parents of the children for subjecting them to "such a treacherous journey."
"It's not as if we just want to see if we can be mean to children," Sessions added.
The attorney general also defended his ruling this week that fear of domestic abuse or gang violence is not an acceptable basis for granting asylum.
He claimed that he had not made new law and that he had "simply restated and implemented what Congress has passed: Asylum is generally not for those who have
suffered a private act of violence."
"I am not going to apologize for carrying out our laws," he added.
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Exhibit 51
Exhibit 52
Exhibit 53
Exhibit 54
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 1 of 4
Official website of the Department of Homeland Security
U.S. Customs and
Border Protection
(/)
(/)
U.S. Border Patrol Southwest Border
Apprehensions by Sector FY2018
Southwest Border Unaccompanied Alien Children (0-17 yr old) Apprehensions
Comparisons below reflect Fiscal Year 2018 (October 1, 2017 - May 31, 2018) compared to the
same time period for Fiscal Year 2017.
Unaccompanied Alien Children by Sector
FYTD2017
FYTD2018
% Change
FYTD17 to FYTD18
469
835
78%
1,082
863
-20%
882
1,717
95%
El Paso
2,882
3,136
9%
Laredo
1,306
1,934
48%
Rio Grande
18,974
14,846
-22%
San Diego
1,053
1,492
42%
Tucson
2,523
3,576
42%
Yuma
1,892
3,973
110%
USBP
Southwest
Border Total
31,063
32,372
4%
Sector
Big Bend
Del Rio
El Centro
Southwest Border Family Unit* Apprehensions
Comparisons below reflect Fiscal Year 2018 (October 1, 2017 - May 31, 2018) compared to the
same time period for Fiscal Year 2017.
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/25/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 2 of 4
Family Unit* Apprehensions by Sector
FYTD2017
FYTD2018
% Change
FYTD17 to FYTD18
669
543
-19%
Del Rio
1,991
1,509
-24%
El Centro
1,393
1,613
16%
El Paso
7,401
4,765
-36%
Laredo
697
361
-48%
Rio Grande
40,912
36,745
-10%
San Diego
2,463
1,996
-19%
Tucson
1,508
2,806
86%
Yuma
4,055
8,775
116%
USBP
Southwest
Border Total
61,089
59,113
-3%
Sector
Big Bend
Unaccompanied Alien Children Apprehensions by Country
Numbers below reflect Fiscal Years 2013-2017, FYTD 2018 (October 1, 2017 - May 31, 2018)
Unaccompanied Alien Children Apprehensions by Country
Country
FY 2013
FY 2014
FY 2015
FY 2016
FY 2017
FYTD 2018
5,990
16,404
9,389
17,512
9,143
2,690
Guatemala
8,068
17,057
13,589
18,913
14,827
16,480
Honduras
6,747
18,244
5,409
10,468
7,784
6,350
Mexico
17,240
15,634
11,012
11,926
8,877
6,690
El
Salvador
Family Unit* Apprehensions by Country
Numbers below reflect Fiscal Year 2016 and 2017, FYTD 2018 (October 1, 2017 - May 31, 2018)
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/25/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 3 of 4
Family Units* Apprehensions by Country
Country
FY 2016
FY 2017
FYTD 2018
El Salvador
27,114
24,122
7,167
Guatemala
23,067
24,657
29,278
Honduras
20,226
22,366
20,675
Mexico
3,481
2,217
1,461
*Note: (Family Unit represents the number of individuals (either a child under 18 years old,
parent or legal guardian) apprehended with a family member by the U.S. Border Patrol.)
Southwest Family Unit Subject and Unaccompanied Alien Children Apprehensions Fiscal Year
2018 - By Month
October November December January February March April May
FMUA
UAC
Total Apprehensions
FY 2018 OCT
FY 2018 OCT
FY 2018 OCT
Big Bend
109
126
818
Del Rio
150
96
1,046
El Centro
193
228
2,194
El Paso
212
208
1,489
Laredo
27
232
2,451
Rio Grande
2,923
1,405
9,719
San Diego
173
148
2,378
Tucson
170
388
3,852
Yuma
880
322
1,536
4,837
3,153
25,483
Sector
USBP
Southwest
Border
Total
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/25/2018
U.S. Border Patrol Southwest Border Apprehensions by Sector FY2018 | U.S. Customs a...
Page 4 of 4
Back to Southwest Border Migration (/newsroom/stats/sw-bordermigration)
Last modified: June 6, 2018
Tags: Statistics, U.S. Border Patrol, Unaccompanied Alien Children (UAC)
Share This Page.
https://www.cbp.gov/newsroom/stats/usbp-sw-border-apprehensions
6/25/2018
Exhibit 55
Exhibit 56
Statement of
Steven Wagner
Acting Assistant Secretary
Administration for Children and Families
U.S. Department of Health and Human Services
Before the
Permanent Subcommittee on Investigations
Committee on Homeland Security and
Governmental Affairs
United States Senate
April 26, 2018
Chairman Portman, Ranking Member Carper, and members of the Subcommittee, it is my honor
to appear on behalf of the Department of Health and Human Services (HHS). I am Steven
Wagner, the Acting Assistant Secretary for Children and Families (ACF). In this capacity, I
oversee the work of the Office of Refugee Resettlement (ORR), which is responsible for the care
and placement of unaccompanied alien children (UAC). In my testimony today, I will describe
the current state of the UAC program, and then discuss a number of developments in the
policies and administration since February 2016.
Current State of the Program
In fiscal year (FY) 2017, 40,810 children were referred to ORR from the Department of
Homeland Security (DHS). In FY 2018 (through March), we have had 21,574 referrals.
Although March and April of FY 2017 had the lowest referrals since FY 2012, referrals started
to slowly increase in May of 2017, and today are significantly higher than just a couple of
months ago. To illustrate, in March 2017, ORR had 755 referrals; while in March 2018, ORR
had 4,204 referrals.
At this time, we have no temporary facilities open at Department of Defense locations. The last
one closed in February 2017. As of March 2018, we are operating one temporary influx facility
at a Department of Labor site. ORR now has its largest permanent shelter capacity at over 9,800
beds, and we continue to maintain the majority of our shelter capacity along the southern border.
2
In FY 2017, 94
Salvador. So far in FY 2018, the number of children referred from those countries is 93 percent.
Teenagers made up 83 percent of referrals in FY 2017 and 87 percent in FY 2018. Children from
Guatemala, El Salvador, Honduras, and Mexico who migrate to the U.S. are particularly
vulnerable to being exploited by human traffickers en route and at their destination.
In FY 2017, children typically stayed in ORR custody for 51 days and so far in FY 2018
(through March) average length of stay has been 56 days. ORR releases the majority of UAC to
sponsors. In FY 2017, ORR released 93 percent of children to a sponsor. Of those, ORR
released 49 percent to parents, 41 percent to close relatives, and 10 percent to other-than-close
relatives or non-relatives. In FY 2018, we have released 90 percent of children to individual
sponsors and of those sponsors, 41 percent were parents, 47 percent were close relatives, and 11
percent were other-than-close relatives or non-relatives.
In FY 2017, ORR performed 3,173 home studies and provided post-release services to 13,381
children, increasing the latter by 27 percent from the previous year.
Program Enhancements Since February 2016
Since February 2016, ORR has made a number of policy enhancements in the areas of sponsor
assessments and home studies. Sponsor assessment is the ORR process for evaluating potential
-being. As part of the
determination of whether an individual is a suitable sponsor, ORR requires its case managers to
interview prospective sponsors;
3
ion for Release
conduct background checks on all prospective sponsors;
coordinate fingerprint checks of the Federal Bureau of Investigation (FBI) database for
non-parental sponsors, or for parental sponsors where there is a documented risk to the
safety of the child, the child is especially vulnerable, or the case is being referred for a
mandatory home study;
coordinate a check of the immigration Central Index System in some cases.
require sponsors to sign a Sponsor Care Agreement.
In the area of sponsor assessments, ORR has decreased the ability of potential sponsors to use
fraudulent documents during the sponsor assessment process. ORR added guidance in January
2016, and further refined it in October and November 2016, on the types of documents ORR
accepts as evidence of identity for the potential sponsor, the household members, and any adults
listed in a sponsor care plan.1 The guidance also clarified what constitutes acceptable documents
to prove the prospective
-child
relationship.2 ORR also added an alternative method to verify a potential
3
These changes help to protect children from traffickers, smugglers, and others who may wish to
do them harm. If ORR discovers that a sponsor is using fraudulent documents, ORR denies
release.4 ORR reports the cases to the HHS/Office of the Inspector General and to U.S.
1
ORR Guide: Children Entering the United States Unaccompanied
united-states-unaccompanied-section-2#2.2.4.
2
Id.
3
Id.
4
Id.
4
for Submission
-entering-the-
The background check part of the sponsorship assessment varies depending in part on the
relationship between the child and the potential sponsor. ORR conducts criminal public records
checks and Sex Offender Registry Checks on all potential sponsors. ORR conducts National
(FBI) Criminal History Checks, based on digital fingerprints or digitized paper prints, for all
potential sponsors, except parents. ORR conducts these checks on parents where there is a
documented risk to the safety of the UAC, the child is especially vulnerable, and/or the case is
being referred for a home study. In the case of parental sponsors, a documented risk to the safety
of the child may be, for example, a drug or alcohol addiction. In those cases, ORR runs an FBI
criminal background check and an immigration check. ORR would want to determine if the drug
or alcohol addiction led to criminal acts, and obtain a comprehensive assessment of any potential
risks to the child. ORR would then assess those results under its policies to determine if release
to the particular sponsor is barred. ORR would also assess the severity of the initial, identified
safety risk, the length of time that has passed since any events related to the risk, any evidence of
rehabilitation, and the parent/child relationship. Each case is unique, and ORR addresses the
facts accordingly. ORR also conducts Immigration Status Checks through the Central Index
System on all potential sponsors, except parents. Again, ORR conducts these checks on parents
where there is a documented risk to the safety of the UAC, the child is especially vulnerable,
and/or the case is being referred for a home study. In addition, ORR conducts Child Abuse and
Neglect Checks on all unrelated sponsors. ORR conducts these checks on parents or other
relatives if the case requires a home study or a special concern has been identified.
5
In April 2016, ORR clarified that its criteria for background checks represent minimum
5
Additionally, ORR may
require enhanced checks for sponsors in any category where there are any unresolved issues or
-being.6
not only
the
provide for
-
presence at future immigration proceedings. Potential sponsors are expected to attend the Legal
Orientation Program for Custodians (LOPC), which the Executive Office for Immigration
Review (EOIR) in the Department of Justice presents to inform sponsors of their responsibilities
for their child's appearance at all immigration proceedings. To emphasize the importance of a
at immigration proceedings, in December 2017, ORR made attendance at the
LOPC a criteria in the sponsor assessment process.7
In the area of home studies, ORR made two significant policy changes in March 2016. A home
study is an inand well-being. The process includes background checks of the sponsor and adult household
members, home visits, in-person interviews of the proposed sponsor and possibly interviews with
other household members, and post-release services. The William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (TVPRA of 2008) mandates home studies in
5
ORR Guide: Children Entering the United States Unaccompanied, § 2.5.1 Criteria for Background Checks.
(April 2016), https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section2#2.5.1.
6
Id.
7
ORR Guide: Children Entering the United States Unaccompanied, § 2.4.1 Assessment Criteria December
2017), https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.4.1.
6
certain situations, but the March 2016 policy changes led to an increase in discretionary home
studies, which are home studies that are not required by law.8 One of these policy changes
focused on tender age UAC. ORR began requiring home studies for all UAC 12 years of age
and younger being released to non-relative sponsors.9 The other change underscored the need
for case managers and case coordinators, who have direct contact with UAC, to recommend
home studies, even if not required by the TVPRA of 2008, if they think a home study would
provide additional information required to determine that the sponsor is able to care for the
health, safety, and well-being of the child.10
Post-release
Another step in improving the safety of releases is to contact the child and the sponsor shortly
after release, which is a critical adjustment period. To accomplish this, ORR initiated safety and
well-being calls.11 A case manager contacts the child and the sponsor 30 days after release. The
case manager confirms that the child is still residing with the sponsor, is enrolled in school, is
aware of upcoming court dates, and, most importantly, is safe. If the case manager, or any other
safety or well-being, they are required to
system for notifications of concern.
12
post-release reporting
Under the system, they must report all concerns to
appropriate investigative agencies,
8
ORR Guide: Children Entering the United States Unaccompanied
March
2016), https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.4.2.
9
Id.
1 0
Id.
11
ORR Guide: Children Entering the United States Unaccompanied
https://www.acf.hhs.gov/orr/resource/children-entering-theunited-states-unaccompanied-section-6#6.1.
12
Id.
7
well-being.13 To remove children from unsafe situations, ORR reports notifications of concern
to local law enforcement.
In addition, ORR has expanded the services of its National Call Center, which was stood up in
September 2014. The National Call Center is a resource for all children and sponsors postrelease.14 It is available 24 hours a day, seven days a week,15 and provides referrals to
community assistance and other guidance to sponsors and children seeking help, including those
with safety concerns.16
From October to December 2017, ORR attempted to reach 7,635 UAC and their sponsors. Of
this number, ORR reached and received agreement to participate in the safety and well-being call
from approximately 86 percent of sponsors. From these calls, ORR learned that 6,075 UAC
remained with their sponsors. Twenty-eight UAC had run away, five had been removed from
the United States, and 52 had relocated to live with a non-sponsor. ORR was unable to
determine with certainty the whereabouts of 1,475 UAC. Based on the calls, ORR referred 792
cases, which were in need of further assistance, to the National Call Center for additional
information and services.
-standing interpretation of the law that ORR is not
legally responsible for children after they are released from ORR care. However, considering the
13
Id.
ORR Guide: Children Entering the United States Unaccompanied
https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-6#6.4.
15
Id.
16
Id The Call Center offers the following assistance to children released from ORR care: Locate resources in the
: Legal service providers, Educational support, Medical care, Emotional support,
Juvenile justice, Substance abuse treatment, Safety support
14
8
importance of the post-release period, we are taking a fresh look at that question as a matter of
both legal interpretation and appropriate policy. Specifically, we are exploring the question of
to sponsors, and whether the level
his or her sponsor. Based
on what we have learned so far, if ORR were to remain legally obligated for the welfare of UAC
after their release to a sponsor, or took on additional protective measures even if not legally
obligated, those procedures would require a significant expansion of the current program
structure and an increase in resources, and possibly additional legal authorities to further clarify
le.
Interagency Communication
ORR continues to develop its interagency communication efforts. In particular, I note that ORR
shares information with its Federal partners as an additional means of reinforcing the safety of
UAC as well as their participation in immigration proceedings. For example, ORR provides
EOIR with monthly UAC data, which EOIR uses through its Legal Orientation Program for
Custodians of UAC.
Second, ORR is working to enhance its day-to-day consultations with DHS. Under the current
process, 24 hours before ORR releases a UAC from custody, it notifies
identity, location, and relationship to the UAC, and ORR asks for DHS input regarding the safety
of the release for the UAC and for the community. ORR notifies DHS again 24 hours after the
9
Third, ORR and DHS are continuing to draft the Joint Concept of Operations (JCO). The
agencies intend for the JCO to lead to increased communication and more efficient program
implementation.
Closing
Thank you for
your commitment to the safety and well-being of unaccompanied alien children. I look forward
to working with you on our continued enhancement of policies and procedures, and all facets of
the UAC Program. I would be happy to answer any questions.
10
Exhibit 57
Exhibit 58
DEPARTMENT OF HOMELAND SECURITY
NORTHERN BORDER STRATEGY
June 12, 2018
Vision: The Department of Homeland Security, in collaboration with federal, state, local,
and tribal partners, and Canadian and international counterparts, secures the Northern
Border to prevent threats at the earliest opportunity; preserves and upholds economic
security through efficient lawful trade and travel; and promotes cross-border critical
infrastructure protection and community resilience.
TABLE OF CONTENTS
EXECUTIVE SUMMARY................................................................................................. 3
INTRODUCTION............................................................................................................. 6
Scope........................................................................................................................... 7
Guiding Principles ........................................................................................................ 8
Strategy Development and Coordination ..................................................................... 8
Partnerships and Implementation ................................................................................ 8
GOAL 1: ENHANCE BORDER SECURITY OPERATIONS .......................................... 10
GOAL 2: FACILITATE AND SAFEGUARD LAWFUL TRADE AND TRAVEL ............... 14
GOAL 3: PROMOTE CROSS-BORDER RESILIENCE................................................. 18
APPENDIX A: Terms of Reference .............................................................................. 21
APPENDIX B: Acronyms Used .................................................................................... 24
2
EXECUTIVE SUMMARY
The international border between the United States and Canada separates two friendly
nations with a long history of social, cultural, and economic ties. United States and
Canadian economic and security interests rest on the facilitation of safe, secure, and
efficient flow of cross-border traffic and securing the border against threats. Security
and facilitation of trade and travel are not competing goals, but rather are mutually
reinforcing. To preserve and uphold U.S. economic security and prosperity, and secure
our border, the U.S. Department of Homeland Security (DHS) must facilitate lawful trade
and travel, reduce security risks and vulnerabilities, and promote cross-border resiliency
and collaborative partnerships.
In 2017, DHS conducted an assessment of Northern Border security and concluded that
while the Northern Border remains an area of limited threat in comparison to the U.S.
Southern Border, safeguarding and securing the Northern Border presents unique
challenges. 1 The most common threat to U.S. public safety along the Northern Border
continues to be the bi-directional flow of illicit drugs. Transnational criminal
organizations (TCOs) are also active along the border and they continually adapt their
drug production, smuggling methods, and routes to avoid detection by U.S. and
Canadian law enforcement. Potential terror threats are primarily from homegrown
violent extremists in Canada who are not included in the U.S. Government's
consolidated terrorist watch list and could therefore enter the United States legally at
Northern Border ports of entry (POEs) without suspicion.
This Strategy establishes a clear vision and discrete actions that will collectively
improve DHS’s efforts to safeguard the Northern Border against terrorist and criminal
threats, facilitate the flow of lawful cross-border trade and travel, and strengthen crossborder community resilience. It aligns with the requirements of the Northern Border
Security Review Act. 2 The Strategy and its companion Implementation Plan will
improve the Department’s ability to identify capability gaps and evaluate measures to
address them, allowing DHS to improve management oversight and optimize taxpayer
resources. The Strategy articulates three main goals with key objectives identified
under each goal (NOTE: sub-objectives are detailed in the body of the Strategy).
GOAL 1: Enhance Border Security Operations
•
Objective 1 - Exchange timely and actionable information and intelligence on
cross-border terrorism and illicit activities with federal, state, local, tribal, and
international partners.
1 Department of Homeland Security, “Northern Border Threat Analysis Report: Public Summary” (July
2017), available at [https://www.dhs.gov/sites/default/files/.../17_0731_Public_Summary_NBSRA_0.pdf].
2 Public Law No. 114-267; enacted on December 14, 2016.
3
•
Objective 2 - Improve coordination, integration, and analysis across domestic
and international domain surveillance and information-sharing systems.
•
Objective 3 - Use intelligence, risk assessments, and capability gap assessments
to inform placement of surveillance and detection assets and resources.
•
Objective 4 - Promote and improve integrated operations to identify, interdict,
investigate, and disrupt terrorist and other illicit cross-border activities.
•
Objective 5 - Use public and private-sector outreach to deter adversaries from
exploiting the Northern Border to harm the United States.
GOAL 2: Facilitate and Safeguard Lawful Trade and Travel
•
Objective 1 - Enhance cross-border collaboration, capability improvements, and
continued partner engagement to safeguard and secure transportation networks.
•
Objective 2 - Promote the utilization of Trusted Traveler and prescreening
programs and continue to develop and enhance inspection and screening
capabilities, processes, and technologies to enable rapid processing of travelers.
•
Objective 3 - Continuously improve cargo and trade facilitation and enforcement
policies, processes, and technologies to enable a fair and competitive trade
environment.
•
Objective 4 – Enhance Northern Border capacity and efficiencies through
infrastructure, resource, personnel, and capability improvements to meet mission
requirements.
GOAL 3: Promote Cross-border Resilience
•
Objective 1 - Enhance cross-border, multi-sectoral emergency communication to
facilitate effective response and recovery operations.
•
Objective 2 - Support and enhance cross-border response and recovery
capabilities with and between federal, state, local, tribal, and Canadian partners
through mutual aid agreements, cooperative planning, and multi-sectoral
exercises.
4
•
Objective 3 - Protect and enhance the security and resilience of critical
infrastructure through improved threat and risk awareness, vulnerability
reduction, and hazard mitigation.
5
INTRODUCTION
The international border between the United States and Canada separates two friendly
nations with a long history of social, cultural, and economic ties. At 5,525 miles—1,500
of which are shared by Alaska with British Columbia and the Yukon Territory in
Canada—the border is the longest land boundary between two countries in the world.
The border terrain varies widely—from sparsely populated open plains and rugged
mountains, to major metropolitan centers and vast lakes heavily utilized for recreational
and commercial activities. Each terrain presents its own detection and interdiction
challenges, requiring the tailored application of security measures along the full length
of the border.
The volume of legal traffic across the border reflects the significant economic
importance of the U.S. Northern Border. Approximately 400,000 people and over $1.6
billion in goods cross the Northern Border daily through more than 120 POEs.
Facilitating the safe, secure, and efficient flow of cross-border traffic is vital to both
United States and Canadian economic interests. DHS has committed significant
personnel resources to securing the Northern Border, including over 3,600 U.S.
Customs and Border Protection (CBP) Officers, 2,200 U.S. Border Patrol Agents, 180
CBP Agriculture Specialists, 230 CBP Air and Marine personnel, 1,300 U.S. Immigration
and Customs Enforcement (ICE) Special Agents, and 8,000 U.S. Coast Guard (USCG)
personnel.
In 2017, DHS conducted an assessment of Northern Border security in accordance with
the Northern Border Security Review Act. 3 The resultant Threat Assessment Report 4
indicates that while the Northern Border remains an area of limited threat in comparison
to the U.S. Southern Border, it continues to play a crucial role in fostering U.S.
economic growth and prosperity. However, the Northern Border is not without safety,
security, and resiliency challenges. The most common threat to U.S. public safety
along the Northern Border continues to be the bi-directional flow of illicit drugs. The
Threat Assessment Report indicates that cocaine and methamphetamine move north
into Canada after transiting the United States from Mexico, while fentanyl, marijuana,
and ecstasy flow south from Canada into the United States. Transnational criminal
organizations (TCOs) continually adapt their drug production, smuggling methods, and
routes to avoid detection by U.S. and Canadian law enforcement. The topography
along mountainous parts of the Northern Border is occasionally exploited by smugglers
flying private aircraft at low altitude to evade radar detection, but there are no reports to
suggest that the tactic is employed on a large scale. The unique nature of the maritime
3
Public Law No. 114-267; enacted on December 14, 2016.
The Threat Assessment is a For Official Use Only/Law Enforcement Sensitive document but a public
summary is available. See Department of Homeland Security, “Northern Border Threat Analysis Report:
Public Summary” (July 2017), available at
[https://www.dhs.gov/sites/default/files/.../17_0731_Public_Summary_NBSRA_0.pdf].
4
6
boundaries between the United States and Canada create a conducive environment for
TCOs to traffic drugs, people, and other contraband. High-density recreational boating
traffic and short transit distances between the two countries, along with a myriad of
jurisdictions along the border, create a complex problem set for law enforcement. TCOs
may also attempt to move narcotics internationally using commercial cargo
transportation methods.
The large volume of legitimate travel across the Northern Border and the long stretches
of difficult terrain between ports of entry (POEs) provide potential opportunities for
individuals who may pose a national security risk to enter the United States undetected.
However, encounters with individuals associated with transnational crime or terrorism
remain infrequent, and sensor technology plays an important role in locations where fulltime deployment of enforcement personnel is not practical. Known illegal crossings on
the Northern Border conform to established migration patterns between large population
centers. Terrain, weather, and distance are factors that constrain illegal migrant travel
in remote areas of the border. The number of individuals apprehended while entering
the United States from Canada between POEs fluctuates but has remained below 800
per year over the last five years, with the largest share of these apprehended individuals
being Canadians. By contrast, apprehensions at the Southern Border number in the
hundreds of thousands, and about two-thirds of the people that U.S. Border Patrol
agents apprehend along the Northern Border entered the United States through Mexico.
The Threat Assessment Report concludes that potential terror threats on the Northern
Border are primarily from homegrown violent extremists in Canada who are not included
in the U.S. Government’s consolidated terrorist watch list and could therefore enter the
United States legally at Northern Border POEs without suspicion. Canada has been an
effective partner in working with the United States to keep foreign terrorist suspects
from entering North America, especially with initiatives undertaken as part of the 2011
U.S.-Canada Beyond the Border Initiative.
As a follow-on to the requirements set forth in the Northern Border Security Review Act,
the findings of the Threat Assessment Report, and pursuant to a direct tasking by the
Secretary of Homeland Security, this Strategy establishes a clear vision and discrete
actions that will collectively improve DHS’s efforts to safeguard the Northern Border
against terrorist and criminal threats, facilitate the flow of lawful cross-border trade and
travel, and strengthen cross-border community resilience.
Scope
The DHS Northern Border Strategy encompasses the complex network of DHS
activities with multi-sectoral partners and stakeholders along the air, land, and maritime
borders between Canada and the United States, including Alaska, and the maritime
border with Russia. It addresses the full spectrum of border-related issues including:
preventing terrorism and criminal threats; disrupting illicit border activity; leveraging
intelligence and information sharing; facilitating the safe, efficient, and secure flow of
legal trade and travel; promoting continued joint cross-border operations, exercises, and
7
programs with multi-sectoral partners; and supporting cross-border resiliency efforts for
shared resources and critical infrastructure.
Guiding Principles
The DHS Northern Border Strategy is consistent with the following guiding principles:
•
•
•
•
Preserve national security, protect economic security and vitality, and promote
community resilience;
Support legitimate cross-border travel and trade;
Protect individual civil rights, civil liberties and privacy, as required under law and
policy;
Promote organizational integration, innovation, and agility and improve unity of
effort across DHS.
Strategy Development and Coordination
DHS’s Office of Strategy, Policy, and Plans (PLCY) led the development of this Strategy
in close coordination with the following DHS Components:
•
•
•
•
•
•
•
•
•
•
CBP;
Office of Countering Weapons of Mass Destruction (CWMD);
Federal Emergency Management Agency (FEMA);
Office of Intelligence and Analysis (I&A);
Immigration and Customs Enforcement (ICE);
National Protection and Programs Directorate (NPPD);
Office of the General Counsel (OGC);
Science and Technology Directorate (S&T);
Transportation Security Administration (TSA); and
United States Coast Guard (USCG).
Partnerships and Implementation
Partnerships. DHS will engage with other federal departments and agencies, as well as
with key state, local, tribal, and Canadian partners to implement this Strategy. Realization
of the goals, objectives, and end-states described in this Strategy will not be possible
without close and continued collaboration with our partners.
Implementation. DHS will develop the “Northern Border Strategy Implementation Plan”
(Implementation Plan) within 180 days of the Strategy’s approval. The Implementation
Plan will outline Departmental lead and support roles, responsibilities, programs, and
timelines for accomplishing the Strategy’s goals and objectives for fiscal years (FYs)
2020-2024. In addition, the Joint Requirements Council (JRC) will utilize this Strategy
and the corresponding Implementation Plan to support the review of capability gap
analyses and requirements that the relevant DHS Components generate.
8
DHS will use this Strategy and corresponding Implementation Plan to prioritize
Departmental resources and achieve the specified outcomes over five years, beginning
in FY 2020. PLCY will coordinate with relevant DHS Components to provide the DHS
Secretary, Deputy Secretary, and Component leadership with annual progress reports
regarding the implementation of this Strategy.
DHS will review and update the Northern Border Strategy every five years.
9
GOAL 1:
ENHANCE BORDER SECURITY OPERATIONS
Over the past decade, the strategic threat environment of the United States has been
evolving. Terrorists and drug smugglers supported by TCOs have demonstrated their
desire to find vulnerabilities in the U.S. national security posture to cross borders and
attack U.S. citizens or pursue criminal activities. DHS must improve its ability to
prevent, deter, disrupt, interdict, and investigate terrorism and illicit activity on the
Northern Border by advancing situational awareness of the threat landscape in the air,
maritime, land, and cyber domains. DHS must also continue to improve mechanisms
for timely, reciprocal sharing of intelligence and information with key federal, state, local,
tribal, and international partners.
Objective 1.1: Exchange timely and actionable information and intelligence on
cross-border terrorism and illicit activities with federal, state, local, tribal, and
international partners.
DHS does not, and cannot, secure the Northern Border without the information and
intelligence support of other federal, state, local, tribal, and international partners. DHS
must continue to foster and expand these strategic partnerships through established
outreach efforts and further develop information and intelligence sharing agreements
and arrangements. A common understanding of information and intelligence across
agencies, borders, and levels of government enables a holistic and proactive
enforcement posture and aids in the early detection and interdiction of illicit cross-border
or terrorist activities.
Sub-Objectives:
1.1.1 Develop and maintain bilateral intelligence consultations and share finished
intelligence products on border security threats to enhance shared
understanding of the current and future threat environment.
1.1.2 Improve or expand upon intelligence and information exchange agreements
and arrangements between DHS and international intelligence and law
enforcement partners to improve the timeliness of those exchanges.
1.1.3 Expand participation in collaborative efforts such as joint fusion centers and
task forces with federal, state, local, tribal, and international partners to
promote coordinated, efficient border operations.
1.1.4 Expand private sector information-sharing partnerships to improve data
sharing of critical need-to-know information, including vulnerabilities and
emerging threats.
1.1.5 Enhance tactical information-sharing programs among federal, state, local,
tribal, and international partners.
10
Outcome: DHS, federal, state, local, tribal, and international partners are able to share
intelligence and information and have a common understanding of the threat
environment across the air, maritime, land, and cyber domains along the Northern
Border.
Objective 1.2: Improve coordination, integration, and analysis across domestic
and international domain surveillance and information-sharing systems.
Domain awareness along the Northern Border is an enduring challenge due to the wide
variance in environmental conditions and terrain. Different types of sensor technologies
provide information about the air, maritime, or land domains, with several domestic and
international law enforcement, intelligence, and open source databases providing
additional layers of information to support domain awareness. DHS must continue to
improve integration of these sensor networks and information databases to ensure a
more robust multi-domain awareness and an inclusive and accurate data picture. This
integration should also protect and safeguard data from cyber threats.
Sub-Objectives:
1.2.1 Improve air, maritime, and land domain sensor integration and analysis at and
between POEs along the Northern Border.
1.2.2 Improve database integration and analysis.
1.2.3 Establish functional evaluation processes to continually assess DHS domain
surveillance and information sharing and provide recommendations for
improvement.
1.2.4 Protect integrated sensor networks from tampering.
1.2.5 Protect integrated information databases from cyber threats.
Outcome: DHS and federal, state, local, tribal, and international partners establish and
maintain integrated and secure land, air, maritime, and cyber domain awareness of the
Northern Border.
Objective 1.3: Use intelligence, risk assessments, and capability gap
assessments to inform placement of surveillance and detection assets and
resources.
Accessibility along the Northern Border varies greatly due to changes in terrain and
seasonal weather conditions, and the areas, routes, and methods used by nefarious
actors are constantly changing. DHS utilizes a variety of surveillance, detection, and
monitoring assets such as drones, ground sensors, and fixed towers to protect and
secure the border. Intelligence products, risk assessments, and capability gap
assessments assist DHS decision-makers in optimizing and appropriately prioritizing the
mix of technology, equipment, and personnel utilized at various points along the border.
DHS must improve its process for identifying surveillance “blind spots” in order to
position the right technology, people, and assets in the right locations at the right times
to affect interdictions.
11
Sub-Objectives:
1.3.1 Quantitatively assess and prioritize the relative risks associated with areas
along the Northern Border.
1.3.2 Support efforts to jointly catalogue existing U.S.-Canadian surveillance
capabilities along the Northern Border to identify, prioritize, and mitigate
coverage gaps.
1.3.3 Enhance surveillance and detection technologies through integrated
research, development, and innovation programs.
Outcome: DHS maintains an appropriate mix of surveillance capabilities along the
Northern Border to meet mission requirements.
Objective 1.4: Promote and improve integrated operations to identify, interdict,
investigate, and disrupt terrorist and other illicit cross-border activities.
Multiple agencies from all levels of government on both sides of the border conduct
operations to disrupt terrorist and other illicit cross-border activities. DHS must continue
to promote and improve interoperable communications and expand efforts to plan and
execute integrated operations and investigations with federal, state, local, tribal, and
international partners. To further strengthen integrated operations and enable timely
and rapid responses, the Department must continue to pursue cooperative co-location
of capabilities and coordination of asset coverage with these partners. These programs
enable a more robust layered defense strategy that would deploy forces in mutually
supportive layers based on Component authorities and capabilities. Additionally, DHS
must leverage internationally-deployed assets and international information-sharing
partnerships to support interdiction or disruption of terrorist or other illicit activity at the
earliest possible juncture.
Sub-Objectives:
1.4.1 Strengthen and expand the use of joint operations and task forces with
federal, state, local, tribal, and Canadian partners.
1.4.2 Enhance joint investigation efforts for national security and transnational
criminal investigations.
1.4.3 Enhance existing joint operations programs to include counterterrorism
activities.
1.4.4 Develop intelligence-driven, targeted operations in the inbound and outbound
environment that focus on current threat analysis.
1.4.5 Enhance coordination of Component activities in the Northern Border
environment.
1.4.6 Leverage and optimize the roles of the DHS Component liaisons to provide
actionable intelligence and to support and enhance coordinated interdictions.
Outcome: DHS actively participates in and promotes integrated operations with
international, federal, state, local, and tribal partners, resulting in the identification,
interdiction, investigation, and disruption of terrorist actions and illicit cross-border
activities.
12
Objective 1.5: Use public and private-sector outreach to deter adversaries from
exploiting the Northern Border to harm the United States.
Public and private partnerships and outreach activities play a vital role in keeping
communities safe by promoting public awareness of potential indicators of terrorism and
illicit activity. DHS must promote border security and deter terrorism and illicit activity by
embedding partner education and deterrence operations into its posture at the Northern
Border.
Sub-Objectives:
1.5.1 Develop analytic and messaging capabilities that support outreach activities
with the public and other external stakeholders.)
1.5.2 Coordinate messaging efforts and content with federal, state, local, tribal, and
international partners.
1.5.3 Work with interagency partners to publicize visible operations and incorporate
deterrence concepts into communications with external DHS stakeholders.
1.5.4 Conduct or capitalize on visible activities that will demonstrate to adversaries
the obstacles they would confront when attempting to attack the United
States.
Outcome: DHS deters terrorism and illicit activity through visible and non-visible
capabilities demonstrations and coordinated messaging campaigns.
13
GOAL 2:
FACILITATE AND SAFEGUARD LAWFUL TRADE AND
TRAVEL
Security and facilitation of trade and travel are not competing goals, but rather are
mutually reinforcing. The Northern Border represents a significant element in lawful
U.S. cargo trade, finance, immigration, and travel. To preserve and uphold U.S.
economic security and prosperity, the Department must facilitate lawful trade and travel
while reducing security risks and vulnerabilities. DHS must also continue to encourage
public and private sector participation in risk assessment programs such as traveler
prescreening. Finally, DHS must remain cognizant of how identified threats and
corresponding actions may impact lawful flows of people and cargo as well as our
working relationships with U.S., Canadian, and international partners.
Objective 2.1: Enhance cross-border collaboration, capability improvements, and
continued partner engagement to safeguard and secure transportation networks.
The global transportation framework is a vast, shared system of transportation networks
that are crucial to the economic vitality of both the United States and Canada. DHS, in
coordination with other partners, is tasked with securing and safeguarding these
complex networks, including high volume railroad crossings, interconnecting passenger
rail systems, and critical infrastructure such as highway bridges, tunnels, and pipeline
crossings. In the maritime domain, DHS is responsible for securing and safeguarding
the Marine Transportation System which includes a complicated system of channels,
locks, rail, and other intermodal land-based connections that allow various conveyances
to transport people and goods across the U.S.-Canadian border. Coordination between
government and industry is vital to ensuring the security of these networks. DHS will
work with private and public sector partners to continue to develop an integrated regime
that reduces duplication of effort and enhances the safety and security of these
networks.
Sub-Objectives:
2.1.1 Develop a coordinated vision with federal, state, local, tribal, international,
and private sector partners for the continued stewardship of shared
waterways and key transportation networks.
2.1.2 Enable safe, efficient, and resilient navigation on Northern Border waterways
through the development and execution of regulatory regimes and waterways
management.
2.1.3 Develop, coordinate, and conduct small vessel and recreational boater
detection, identification, and screening programs.
2.1.4 Create a cyber-risk framework for safeguarding critical transportation network
infrastructure.
14
2.1.5 Sustain collaborative partnership and information-sharing efforts with Canada
on securing and safeguarding cross-border oil and natural gas pipeline
infrastructure.
Outcome: DHS maintains the safety and security of critical shared transportation
network elements through coordinated stewardship alongside international, federal,
state, local, tribal, and private sector partners.
Objective 2.2: Promote the utilization of trusted traveler and prescreening
programs and continue to develop and enhance inspection and screening
capabilities, processes, and technologies to enable rapid processing of travelers.
DHS must protect the border by utilizing a layered, risk-informed process for screening
travelers. Acquiring accurate and complete traveler information before, or while,
travelers are in transit provides enhanced awareness and allows the Department to
calculate risks and mitigate associated threats. These border risk assessment
processes also increase the efficiency of passenger entry into the country. The
Department must continue to evaluate and improve upon pre-vetting options, screening
technologies, and integrated enforcement practices to better identify, detect, and
interdict high-risk people without inhibiting legitimate travel. DHS must clearly
communicate the security and economic benefits of these screening and vetting
processes and continue to promote public and private sector participation in Trusted
Traveler programs. DHS must also continue to work with Canadian partners to
implement vital partnership agreements.
Sub-Objectives:
2.2.1 Expand preclearance and Trusted Traveler options for travelers crossing the
Northern Border.
2.2.2 Increase public and private sector participation in Trusted Traveler programs.
2.2.3 Perform risk-informed screening of passengers through information
exchanges with Canadian partners to efficiently verify traveler identities as
well as address concerns regarding criminal history and national security
matters.
2.2.4 Collaborate with Canada on traveler requirements, such as entry and exit
procedures, and pursue solutions for addressing policy differences that
impact travelers.
Outcome: DHS improves cross-border facilitation of travel by leveraging collaborative
partnerships with Canada and the U.S. interagency to identify, detect, and interdict highrisk individuals.
Objective 2.3: Continuously improve cargo and trade facilitation and
enforcement policies, processes, and technologies to enable a fair and
competitive trade environment.
15
Safeguarding the U.S. economy involves targeting and stopping evasive trade
practices, intellectual property rights violators, and the use of forced labor supply
chains. DHS must continue to enhance our ability to identify, document, and assess
cross-border cargo to determine risk and evaluate legitimacy without inhibiting
legitimate trade flows. The Department must also continue to develop collaborative
partnerships with the private sector, Canadian, and non-federal domestic and
international law enforcement partners to deter and detect illicit trade activities.
Sub-Objectives:
2.3.1 Enhance screening and detection technologies through integrated research,
development, and innovation programs.
2.3.2 Promote and improve interoperability to conduct integrated operations to
facilitate trade.
2.3.3 Increase private sector participation in Trusted Trader programs to expedite
the flow of cargo across the border.
2.3.4 Improve processes with Canadian partners for identifying high-risk importers
and transactions.
2.3.5 Develop bilateral vessel entry and examination requirements to expedite the
flow of commerce.
2.3.6 Improve targeting methods and procedures for identifying and screening highrisk importers and transactions.
2.3.7 Enhance enforcement of trade laws and regulations.
2.3.8 Strengthen collection of and enforce fees, duties, penalties, and tariffs.
2.3.9 Coordinate trade facilitation and security requirements with Canada and
pursue solutions for addressing policy differences that impact trade and
security as appropriate.
Outcome: DHS continuously improves cross-border trade facilitation and the
identification, detection, and interdiction of high-risk shipments through collaborative
partnerships, risk assessments, integrated enforcement operations, and intelligencedriven enforcement.
Objective 2.4: Enhance Northern Border capacity and efficiencies through
infrastructure, resource, personnel, and capability improvements to meet mission
requirements.
As the volume and frequency of border trade and travel continue to increase, DHS must
ensure that POEs and other critical Northern Border facilities are sufficiently resourced,
staffed, and that their infrastructure is capable of meeting mission requirements. Novel
technology applications, mobile screening capabilities, and innovations to screening
lane structures have significantly expedited the screening process for both goods and
people. However, much of the infrastructure on the Northern Border is nearing or
beyond its designated life cycle and lacks the structural or technological capacity to fully
maximize these innovations. The Department must continue to support infrastructure
maintenance, repair, and modernization to ensure it is operating at the required
16
capacity. Additionally, the Department must continue to ensure appropriate staffing and
other resource materiel support at the Northern Border.
Sub-Objectives:
2.4.1 Coordinate assessments of existing infrastructure and resourcing along the
Northern Border to routinely identify and prioritize capacity and/or capability
gaps.
2.4.2 Enhance Northern Border infrastructure, personnel, and other resources in
accordance with gap assessments and mission requirements.
2.4.3 Procure and deploy personnel, resources, and technology to meet Northern
Border mission requirements.
Outcome: DHS adapts and maintains Northern Border infrastructure and resources in
accordance with mission requirements.
17
GOAL 3:
PROMOTE CROSS-BORDER RESILIENCE
Border communities frequently rely on shared critical infrastructure as well as shared
resources and capabilities for responding to emergencies and disasters. Threats and
hazards can encompass large areas irrespective of borders, and may pose devastating
consequences to both the United States and Canada. Effective response to such
events requires cross-border coordination by federal, state, local, tribal, and Canadian
partners, as well as private and nonprofit sector stakeholders. DHS must continue to
strengthen cross-border cooperation with key emergency management partners and
stakeholders through improved operational coordination, situational awareness, mutual
aid agreements, collaborative training and exercise opportunities, and coordinated
community preparedness efforts. DHS must also continue to ensure safety and
resilience along the Northern Border by collaborating and cooperating with these
partners and stakeholders to prepare for, protect against, respond to, recover from, and
mitigate threats and hazards.
Objective 3.1: Enhance cross-border multi-sectoral emergency communications
to facilitate effective response and recovery operations.
In communities along the Northern Border, the closest emergency response personnel
may be located on the opposite side of the border. Effective response operations
involving personnel from multiple jurisdictions require interoperable communications
and common incident management terminology, as contained in the National Incident
Management System. 5 DHS must continue to work with federal, state, local, tribal,
Canadian, and private sector partners to establish cross-border methods of
communication, coordinated disaster communication plans, and policy agreements on
operational protocols and information sharing during disasters.
Sub-Objectives:
3.1.1 Promote the establishment and improvement of cross-border disaster
information-sharing mechanisms with multi-sectoral partners across the
emergency management, public health, medical, and critical infrastructure
communities.
3.1.2 Enhance cross-border disaster communication plans and policy agreements.
3.1.3 Sustain and enhance cross-border public alert and warning capability and
coordination.
5
Federal Emergency Management Agency, National Incident Management System (October 2017)
available at [https://www.fema.gov/media-library/assets/documents/148019].
18
Outcome: DHS rapidly exchanges information with federal, state, local, tribal,
Canadian, and private sector partners before, during, and after a disaster through
established, formalized emergency communication and information-sharing processes.
Objective 3.2: Support and enhance cross-border response and recovery
capabilities with and between federal, state, local, tribal, and Canadian partners
through mutual aid agreements, cooperative planning, and multi-sectoral
exercises.
The ability to respond effectively, recover quickly, resume essential functions, and
minimize the long-term consequences from terrorist attacks, natural disasters, or other
incidents in the Northern Border region is vital to border communities, as well as to both
countries’ governments and economies. DHS must continue to work to mitigate risks to
the Northern Border environment by supporting border community preparedness and
resiliency programs. In addition, DHS must continue to support and collaborate with
federal, state, local, tribal, international, and private sector partners to establish and
maintain coordinated response and recovery plans and procedures, conduct multisectoral training and exercise events, and develop resource and technical assistance
sharing agreements between border communities.
Sub-Objectives:
3.2.1 Promote response interoperability and integration by improving cross-border
emergency coordination mechanisms at all levels.
3.2.2 Support the operational readiness of cross-border mutual aid with federal,
state, local, tribal, international, and private sector partners.
3.2.3 Support coordinated multi-sectoral incident response and recovery planning
and procedure development with federal, state, local, tribal, and international
partners.
3.2.4 Conduct multi-sectoral incident response and recovery exercises with federal,
state, local, tribal, and international partners.
Outcome: DHS conducts rapid, integrated response and recovery activities alongside
federal, state, local, tribal, and international partners on either side of the Northern
Border.
Objective 3.3: Protect and enhance the security and resilience of critical
infrastructure through improved threat and risk awareness, vulnerability
reduction, and hazard mitigation.
Communities throughout the Northern Border region rely on shared critical
infrastructure, including power grids, water supplies, forests and rangelands, fuel
pipelines, communication networks, medical and public health facilities, and
transportation networks and hubs. DHS must continue to work with federal, state,
local, tribal, international, and private sector partners to protect critical infrastructure in
the Northern Border environment ensuring controlled access to critical facilities, and
19
emphasizing the importance of creating and abiding by shared guidelines, regulations,
and standards. DHS must also work with partners at all levels of government and the
private sector to lessen the impact of disasters through proactive hazard mitigation
planning and implementation. In addition, DHS must utilize domestic and international
governmental and industry partners to understand and mitigate the risks to our shared
critical infrastructure in the modern cyber domain.
Sub-Objectives:
3.3.1 Conduct structural and operational vulnerability assessments on Northern
Border region critical infrastructure priorities.
3.3.2 Collaborate with multi-sectoral and international partners to implement
mitigation measures to address identified vulnerabilities in critical
infrastructure.
3.3.3 Promote creation and adoption of shared guidelines, regulations, and
standards between the United States and Canada related to critical
infrastructure security and resiliency.
3.3.4 Strengthen relationships with private sector critical infrastructure industry
leaders to prevent, protect, and respond to risks to shared critical
infrastructure.
Outcome: DHS has equipped critical infrastructure stakeholders along the Northern
Border with the information and support needed to reduce vulnerabilities and mitigate the
effects of disasters and hazards.
20
APPENDIX A: Terms of Reference
Terminology used throughout the Strategy is consistent with the following definitions:
Air domain awareness: The observation of the air domain and baseline information
associated with the domain that adds meaning to what is seen, leading to the effective
understanding of information, threats, and anything associated with the air domain that
could impact the security, safety, or economy of the United States.
Assessment: Product and process of evaluating information based on a set of criteria
for the purpose of informing priorities, developing or comparing courses of action, and
informing decision-making.
Bilateral: Affecting or undertaken reciprocally between two nations or parties.
Capability: Means to accomplish a mission, function, or objective.
Cooperation: Working together to achieve the different goals of each participant.
Critical infrastructure: Systems and assets, whether physical or virtual, so vital that the
incapacity or destruction of such may have a debilitating impact on the security,
economy, public health or safety, environment, or any combination of those matters,
across any federal, state, regional, territorial, or local jurisdiction.
Deterrence: The prevention of action by the existence of a credible threat of
unacceptable counteraction and/or belief that the cost of action outweighs the perceived
benefits.
DHS screening and inspection process: Comprehensive DHS process used to detect
and assess whether persons or property pose a threat or are not in compliance with the
law.
Emergency management: Coordination and integration of all activities necessary to
build, sustain, and improve the capabilities to prepare for, respond to, recover from, or
mitigate against threatened or actual disasters or emergencies, regardless of cause.
Evaluation: Process of examining, measuring and/or judging how well an entity,
procedure, or action has met or is meeting stated objectives.
Implementation: Act of putting a procedure or course of action into effect to support
goals or achieve objectives.
Incident: Natural, technological, or human-caused occurrence that may cause harm
and that may require action.
21
Information: Data in a usable form, usually processed, organized, structured, or
presented in a meaningful way.
Information sharing: Exchange of data, information, or knowledge stored within discrete
information systems or created spontaneously between entities or individuals using
collaborative communication technologies.
Interdiction: Activities conducted in support of law enforcement to divert, disrupt, delay,
intercept, board, detain, or destroy, as appropriate, vessels, vehicles, aircraft, people,
and cargo.
Interoperability: Ability of systems, personnel, and equipment to provide and receive
functionality, data, information, and/or services to and from other systems, personnel,
and equipment, between both public and private agencies, departments, and other
organizations, in a manner enabling them to operate effectively together.
Land domain awareness: Effective understanding of information, threats, and anything
associated with the land domain that could affect the safety, security, commerce, or
environment of the United States.
Marine transportation system: Set of waterways, ports, and inter-modal connections,
vessels, vehicles, and system users, as well as federal maritime navigation systems in
which marine vessels operate.
Maritime domain awareness: Effective understanding of information, threats, and
anything associated with the global maritime domain that could impact the security,
safety, economy, or environment of the United States.
Mitigation: Ongoing and sustained action that eliminates or reduces the potential
effects of hazards.
Preparedness: Activities necessary to build, sustain, and improve readiness capabilities
to prevent, protect against, respond to, and recover from natural or man-made
incidents.
Private sector: Entities and individuals, including for-profit and non-profit, which are not
part of any government.
Recovery: Development, coordination, and execution of service- and site-restoration
plans.
Resilience: Ability to adapt to changing conditions and withstand and rapidly recover
from disruption.
22
Risk assessment: Product or process evaluating information based on a set of criteria
that assigns values to risks for the purpose of informing priorities, developing or
comparing courses of action, and informing decision-making.
Stakeholder: Individual or organization having a right, share, claim, or interest in a
system or in its possession of characteristics that meet its needs and expectations
Surveillance: Systematic observation or monitoring of areas, places, persons, or things,
by visual, aural, electronic, photographic, or other means.
Sustain: To support, supply, and maintain the necessary level and duration of activity to
achieve a given objective.
Threat assessment: Product or process of evaluating information based on a set of
criteria for entities, actions, or occurrences, whether natural or man-made, that have or
indicate the potential to harm life, information, operations, and/or property.
23
APPENDIX B: Acronyms Used
CBP
CBP/AMO
DHS
DHS/CWMD
U.S. Customs and Border Protection
U.S. Customs and Border Protection/Air and Marine Operations
Department of Homeland Security
Department of Homeland Security/Countering Weapons of Mass
Destruction
DHS/I&A
Department of Homeland Security/Office of Intelligence and Analysis
DHS/JRC
Department of Homeland Security/Joint Requirements Council
DHS/OGC Department of Homeland Security/Office of the General Counsel
DHS/OPE Department of Homeland Security/Office of Partnership and Engagement
DHS/OLA
Department of Homeland Security/Office of Legislative Affairs
DHS/PLCY Department of Homeland Security/Office of Strategy, Policy, and Plans
DHS/S&T
Department of Homeland Security/Office of Science and Technology
DHS/TSA
Department of Homeland Security/Transportation Security Administration
IBET
Integrated Border Enforcement Teams
ICE
U.S. Immigration and Customs Enforcement
ICE/HSI
U.S. Immigration and Customs Enforcement/Homeland Security
Investigations
POE
Port of entry
TCO
Transnational criminal organization
USCG
United States Coast Guard
24
Exhibit 59
Trump basically called Mexicans rapists again - CNNPolitics
Page 1 of 4
Trump basically called Mexicans rapists
again
Analysis by Z. Byron Wolf, CNN
Updated 1:38 PM ET, Fri April 6, 2018
Source: CNN
Trump mentions rape in immigration argument 02:22
Washington (CNN) — President Donald Trump wants to be a provocateur again. Why else would he bring
up his specious and repeatedly disproven claim that millions voted illegally in California, where he was
walloped by Hillary Clinton?
And why would he intentionally recall and brag about one of the single most controversial things he's
ever said (a distinction not thrown around lightly)?
https://www.cnn.com/2018/04/06/politics/trump-mexico-rapists/index.html
6/21/2018
Trump basically called Mexicans rapists again - CNNPolitics
Page 2 of 4
Trump was speaking in West Virginia on Thursday, talking about how he prefers a merit-based
immigration system like Canada's to a lottery-based system like the one in the US.
"With us, it's a lottery system — pick them out — a lottery system. You can imagine what those
countries put into the system. They're not putting their good ones.
"And remember my opening remarks at Trump Tower, when I opened. Everybody said, 'Oh, he was so
tough,' and I used the word 'rape.' And yesterday, it came out where, this journey coming up, women
are raped at levels that nobody has ever seen before. They don't want to mention that.
"So we have to change our laws. And the Democrats, what they're doing is just — it's insanity. I don't —
nobody understands what's going on."
Nobody is arguing that the trip from Central America to the US is easy or that women are not attacked
or exploited on it. That is a well-documented problem, one that Trump brought up to bolster his own
case for tougher immigration laws. CNN, however, has been following the caravan that so concerned
Trump and did not witness widespread raping. In fact, CNN has found that many of those participating
in the group feel that the caravan, organized by activists, will actually protect against violence and
exploitation.
The President did not provide a scintilla of evidence to back up his claim. And what's truly troubling is
that Trump continues to generalize such allegations against a large group of people.
Trump is correct that he mentioned rape when he announced his campaign at Trump Tower in June
2015. But it's not true that people called him tough. In fact, a lot of people -- even Republicans -- called
him racist at the time.
In case you've forgotten, here's the portion of that Trump Tower announcement speech:
Donald Trump doubles down on calling Mexicans 'rapists' 04:36
https://www.cnn.com/2018/04/06/politics/trump-mexico-rapists/index.html
6/21/2018
Trump basically called Mexicans rapists again - CNNPolitics
Page 3 of 4
The US has become a dumping ground for everybody else's problems. Thank you. It's true, and these
are the best and the finest. When Mexico sends its people, they're not sending their best. They're not
sending you. They're not sending you. They're sending people that have lots of problems, and they're
bringing those problems with us. They're bringing drugs. They're bringing crime. They're rapists. And
some, I assume, are good people.
Those comments were probably the most notorious thing to emerge from that speech. The backlash
lasted for weeks and Trump refused to back down. In particular, during an interview with CNN's Don
Lemon, in which he argued his info came from a Fusion article. And he was making a connection that
immigrants must be raping women.
Donald Trump: 'Somebody's doing the raping' 01:59
"Well, somebody's doing the raping, Don! I mean somebody's doing it! Who's doing the raping? Who's
doing the raping?" he asked.
The "rapist" comment was why Macy's dumped his branded merchandise. It's why the PGA pulled
tournaments from his golf courses. Republicans up and down the line split with his comments at the
time.
None of that ended up mattering. Trump went on to win the primary and, obviously, the general
election. But he has not been as quick to publicly besmirched an entire swath of people in the same
way (although behind closed doors, he did refer to African countries sending refugees to the US as
"shithole countries"). Fast forward a little less than two years to Trump in West Virginia and it's clear he
still very seriously believes what he said back in Trump Tower.
In June 2015, he said "they're not sending their best." In April 2018, he said, "they're not putting their
good ones."
https://www.cnn.com/2018/04/06/politics/trump-mexico-rapists/index.html
6/21/2018
Trump basically called Mexicans rapists again - CNNPolitics
Page 4 of 4
And in both cases he brought up rape.
It's clear he feels vindicated in that original claim despite the backlash at the time. Once he has said
something vile like Mexican immigrants are rapists or something specious like millions of Californians
voting illegally, he won't be dissuaded from bringing it back up in the future.
Accessories that allow you to
travel using only carry-on
luggage
CNN Underscored
Life span of an airplane: From
birth to death
2019 Pirelli calendar shot by
photographer Albert Watson
Not getting enough sleep?
Changing your sleeping habits
could help
CNN Underscored
https://www.cnn.com/2018/04/06/politics/trump-mexico-rapists/index.html
6/21/2018
Exhibit 60
At GOP debate, Trump says 'stupid' U.S. leaders are being duped by Mexico | Fox News
Page 1 of 5
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POLITICS
At GOP debate, Trump says 'stupid' U.S. leade
duped by Mexico
By Andrew O'Reilly
Published August 06, 2015
Fox News
NOW PLAYING
Donald Trump: 'We need to keep illegals out'
Speculation that Donald Trump would tone down his rhetoric on immigration and Mexico during the first prime
crumbled Thursday night when the outspoken billionaire made it clear that none of the candidates would be ta
him.
Trump has taken a particularly tough stance on immigration this summer, drawing criticism in the Latino comm
criminals and rapists to the U.S.
http://www.foxnews.com/politics/2015/08/06/at-republican-debate-trump-says-mexico-is-s... 6/21/2018
At GOP debate, Trump says 'stupid' U.S. leaders are being duped by Mexico | Fox News
Page 2 of 5
When asked by Fox News host Chris Wallace to provide evidence for his controversial comments, Trump fire
have told him the Mexican government is sending criminals because they know the government in America is
"They say this is what's happening because our leaders are stupid, our politicians are stupid," the real estate
Cleveland's Quicken Loans Arena. "And the Mexican government is much smarter, much sharper, much mor
Trump added: "They send the bad ones over, because they don't want to pay for them, they don't want to tak
the stupid leaders of the United States will do it for 'me?"
When asked to respond to comments made by former Florida Gov. Jeb Bush that he was "hurt" by Trump's c
immigrants, the businessman-turned-presidential candidate did not turn to his left, where Bush was standing,
a wall and that he doesn't mind if it has a "big, beautiful door."
Immigration dominated a large portion of the first half of the debate, with most candidates pledging to take a t
them disagreeing on how to fix a broken system.
Bush argued that border security is key to finding a solution to the immigration problem, but stuck by his stan
come to the U.S. because they feel they have no other choice.
"I believe that the great majority of people coming here do it because they have no other option," Bush said.
Bush, whose wife was born in Mexico, added: "There's much to do. Rather than talking about this as a wedge
once and for all, as a driver for high, sustained economic growth."
While Ohio Gov. John Kasich dodged an opportunity to criticize Trump on immigration – saying instead that T
country" -- other candidates were not so reluctant to pull any punches.
A seemingly confident Florida Sen. Marco Rubio took offense to Trump's assertion that Mexico is to blame fo
Most immigrants coming illegally, Rubio said, are coming from countries such as Guatemala and El Salvador
opposed to sneaking over the border.
Rubio said his Senate office takes phone calls frequently from people who entered the country legally but are
immigration process and wonder if they should just come illegally.
"This is the most generous country in the world when it comes to immigration," he said.
But, in response to Trump, he said building a wall or fence won't solve the immigration issue.
"If (Mexican drug lord) El Chapo can build a tunnel under that fence, we need to deal with that," he said.
Texas Sen. Ted Cruz, who has not only praised Trump but even made a trip to New York to meet with him –
evening by saying that he was one of the only candidates on stage who had not supported amnesty for undoc
http://www.foxnews.com/politics/2015/08/06/at-republican-debate-trump-says-mexico-is-s... 6/21/2018
At GOP debate, Trump says 'stupid' U.S. leaders are being duped by Mexico | Fox News
Page 3 of 5
In reference to Trump's comments calling U.S. leaders stupid, Cruz said: "It's not a question of stupidity, it's th
immigration."
The debate only included the top 10 candidates based on their showing in recent polls. The remaining seven
debate forum, a low-key event in a largely empty arena, where candidates avoided debating each other and l
domestic and foreign policy issues.
The Associated Press contributed to this report.
Follow Andrew O'Reilly on Twitter @aoreilly84.
Follow us on twitter.com/foxnewslatino
Like us at facebook.com/foxnewslatino
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At GOP debate, Trump says 'stupid' U.S. leaders are being duped by Mexico | Fox News
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Exhibit 61
First, Trump booted Univision anchor Jorge Ramos out of his news conference. Then thin... Page 1 of 3
The Washington Post
Post Politics
First, Trump booted Univision anchor Jorge Ramos out of his news conference. Then things got interesting.
By Philip Rucker August 25, 2015 Email the author
This story has been updated.
DUBUQUE, Iowa — Two minutes into Donald Trump's news conference here Tuesday night came the question he
tried to silence.
"Mr. Trump, I have a question," said Jorge Ramos, the top news anchor at Univision and one of the country's most
recognizable Mexican-Americans, as he stood up in the front row of journalists.
"Excuse me," the Republican presidential front-runner told Ramos. "Sit down. You weren't called. Sit down."
Ramos, holding a piece of paper, calmly tried to ask Trump about his plan to combat illegal immigration. "I'm a
reporter, an immigrant, a senior citizen," he said. "I have the right to ask a question."
Trump interrupted him. "Go back to Univision," he said. Then the billionaire businessman motioned to one of his
bodyguards, who walked across the room and physically removed Ramos from the room.
Trump's dismissal of a major television news anchor lit up social media. Reporters asked Trump why he removed
Ramos. At first, he accused Ramos of violating his news conference protocol. "He stood up and started screaming,"
Trump said of Ramos. "He's obviously a very emotional person," Trump said.
But moments later, Ramos returned to his seat in the front row — and Trump called on him. For five minutes, they
tangled over immigration policy, an issue on which both men have passionately different views. It was one of the
more compelling moments of the 2016 campaign.
"Good to have you back," Trump told Ramos, signaling to him to begin his questioning.
"Here's the problem with your immigration plan," Ramos said. "It's full of empty promises."
Ramos pointed out it would be unconstitutional to deny citizenship to what Trump calls "anchor babies," children
born in the United States to undocumented immigrants. Trump disagreed, saying it could be done as an act of
Congress and that some legal scholars argue the 14th Amendment should be changed.
"A woman's getting ready to have a baby," Trump said. "She crosses the border for one day, has the baby, all of a
sudden for the next 80 years — we have to take care of" the child.
The next question from Ramos: How do you build a 1,900-mile wall across the U.S. border with Mexico?
"It's very easy," Trump said. "I'm a builder. ... What's more complicated is building a building that's 95 stories tall."
The questioning continued. At one point, Trump said, "I can't deal with this." A Trump aide interrupted and told
Ramos, "Is there one question — one question?"
Yet Trump let the questioning continue, seemingly determined to prove his case. "I have a bigger heart than you
do," he told Ramos. "We're going to do [deportations] in a very humane fashion."
Trump went on to assert that gang members in Baltimore, St. Louis and other cities are illegal immigrants.
"Listen, we have tremendous crime," he told Ramos. "We have some very bad ones. ... Do you mind if I send them
back to Mexico?"
Ramos replied, "No human being is illegal, Mr. Trump."
The response: "Well, when they cross the border, from a legal standpoint, they're illegal immigrants when they don't
have their papers."
When Ramos pressed Trump on polls showing his unpopularity with Latinos, Trump would not accept the premise of
the question. First, he interrupted Ramos and turned the question on him: "How much am I suing Univision for right
now? Do you know the number? I know you're part of the lawsuit."
https://www.washingtonpost.com/news/post-politics/wp/2015/08/25/first-trump-booted-un... 6/23/2018
First, Trump booted Univision anchor Jorge Ramos out of his news conference. Then thin... Page 2 of 3
Trump filed suit against the network in June, alleging defamation and breach of contract, after Univision ended its
relationship with him and canceled plans to broadcast the Miss Universe pageant he owns following his
controversial comments about Mexican immigrants.
"I'm a reporter," Ramos said.
"Five hundred million dollars," Trump replied. "And they're very concerned about it, by the way. I'm very good at
this."
1647 Comments
Philip Rucker is the White House Bureau Chief for The Washington Post. He previously has
covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns.
Rucker also is a Political Analyst for NBC News and MSNBC. He joined The Post in 2005 as a local
news reporter. Follow @PhilipRucker
A podcast from
The Post’s
politics team
Listen on Apple Podcasts.
Listen on Stitcher.
Inside 'Trump Revealed'
Read stories based on reporting for “Trump Revealed,”
a broad, comprehensive biography of the life of the
president.
• Reporting archive: Trump’s financial records,
depositions and interview transcripts
https://www.washingtonpost.com/news/post-politics/wp/2015/08/25/first-trump-booted-un... 6/23/2018
First, Trump booted Univision anchor Jorge Ramos out of his news conference. Then thin... Page 3 of 3
https://www.washingtonpost.com/news/post-politics/wp/2015/08/25/first-trump-booted-un... 6/23/2018
Exhibit 62
Donald J. Trump on Twitter: "The protesters in New Mexico were thugs who were flying the Mexican flag. The rally inside was big and beautiful, but outside, criminals!"
Search Twitter
Have an account? Log in
Donald J. Trump @realDonaldTrump
Follow
The protesters in New Mexico were thugs who
were flying the Mexican flag. The rally inside was
big and beautiful, but outside, criminals!
6:39 AM - 25 May 2016
11,620 Retweets 31,811 Likes
4.7K
12K
Tweets
32K
38K
Following
47
Followers
53M
Likes
25
Moments
6
Follow
Donald J. Trump
Raunchy (((Potato)))@ RaunchyPotato
·
25 May 2016
Tweets
Tweets & replies
Media
Replying to @Blob_Fish @realDonaldTrump @elizabethforma
@realDonaldTrump
Donald J. Trump @realDonaldTrump
·
1h
Lol. Bankrupt, you must be extremely uninformed.
My thoughts and prayers are with Representative Katie Arrington of South Carolina,
45th President of the United States of
17
including all of those involved in last nights car accident, and their families.
3
1
America
Washington, DC
Jay@ portnewsfeed
·
25 May 2016
Arrington @karringtonsc
Rep. Katie
Replying to @realDonaldTrump it is from her strong faith, the support of her family, the prayers and support
And
Instagram.com/realDonaldTrump
of our community, and those Mexican flags.
almost makes one wonder if you hired them to wavethe incredible doctors and staff at the hospital that she is
Joined March 2009
certain she will be back to work for our state soon.
2,674 Photos and videos
33
27
223
Show this thread
deez rubio nuts@ mavs_bigot
·
25 May 2016
1.9K
Replying to @realDonaldTrump
Mexicans are criminals?
94
21
4.6K
18K
Donald J. Trump @realDonaldTrump
·
2h
...everyone how much he likes me, but he will only vote with Nancy Pelosi. Keith is
225
strong on borders and tough on crime — and loves cutting taxes! #MAGA
Raunchy (((Potato)))@ RaunchyPotato
3.4K 2016
·
25 May
13K
3.2K
Ones who throw rocks & bottles at police, shoot into windows, & try to set cop cars
on fire are criminals, yes. Show this thread
203
Donald J. Trump @realDonaldTrump
·
2h
.@VP Pence is heading to Pittsburgh, Pennsylvania where we have both strongly
2 more replies
endorsed one of the finest men around, Congressman Keith @RothfusForPA. He is
running against #LambTheSham, who is telling...
mh dr@ hgiftshop
·
25 May 2016
8
28
2.6K
Replying to @realDonaldTrump
d
bl ditt
4.2K
15K
Show this thread
Donald J. Trump @realDonaldTrump
·
3h
Drudge Report “OBAMA KEPT THEM IN CAGES, WRAPPED THEM IN FOIL” We do a
much better job while at the same time maintaining a MUCH stronger Border!
Mainstream Fake Media hates this story.
15K
18K
60K
Donald J. Trump @realDonaldTrump
·
3h
https://twitter.com/realDonaldTrump/status/735465352436408320[6/23/2018 9:12:56 AM]
Donald J. Trump on Twitter: "The protesters in New Mexico were thugs who were flying the Mexican flag. The rally inside was big and beautiful, but outside, criminals!"
“Disability applications plunge as economy strengthens” Failing New York Times
4.9K
7.4K
32K
Donald J. Trump @realDonaldTrump
·
4h
The National Association of Manufacturers just announced that 95.1% of
Manufacturers “have a positive outlook for their companies.” This is the best number
in the Association’s history!
4.7K
11K
44K
Donald J. Trump @realDonaldTrump
·
5h
The Russian Witch Hunt is Rigged!
18K
11K
49K
Donald J. Trump @realDonaldTrump
·
5h
.@FoxNews Poll numbers plummet on the Democrat inspired and paid for Russian
Witch Hunt. With all of the bias, lying and hate by the investigators, people want the
investigators investigated. Much more will come out. A total scam and excuse for the
Dems losing the Election!
12K
14K
52K
Donald J. Trump Retweeted
Donald J. Trump @realDonaldTrump
·
Jun 22
Congressman Ron DeSantis, a top student at Yale and Harvard Law School, is running
for Governor of the Great State of Florida. Ron is strong on Borders, tough on Crime
& big on Cutting Taxes - Loves our Military & our Vets. He will be a Great Governor &
has my full Endorsement!
10K
23K
90K
Donald J. Trump Retweeted
Sarah Sanders @PressSec
·
Jun 22
It’s shameful that dems and the media exploited this photo of a little girl to push their
agenda. She was not separated from her mom. The separation here is from the facts.
Dems should join POTUS and fix our broken immigration system. #ChangetheLaws
13K
24K
Donald J. Trump Retweeted
https://twitter.com/realDonaldTrump/status/735465352436408320[6/23/2018 9:12:56 AM]
59K
Donald J. Trump on Twitter: "The protesters in New Mexico were thugs who were flying the Mexican flag. The rally inside was big and beautiful, but outside, criminals!"
Jesse Watters @JesseBWatters
·
Jun 22
Will be
@TPUSA
671
2.5K
12K
Donald J. Trump Retweeted
Dan Scavino Jr. @Scavino45
·
21h
Happening Now:
President Trump delivers remarks on immigration with Angel Families:
twitter.com/whitehouse/sta…
894
2.8K
12K
Donald J. Trump Retweeted
Donald J. Trump @realDonaldTrump
·
21h
We are gathered today to hear directly from the AMERICAN VICTIMS of ILLEGAL
IMMIGRATION. These are the American Citizens permanently separated from their
loved ones b/c they were killed by criminal illegal aliens. These are the families the
media ignores...
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Donald J. Trump @realDonaldTrump
·
20h
Our first duty, and our highest loyalty, is to the citizens of the United States. We will
not rest until our border is secure, our citizens are safe, and we finally end the
https://twitter.com/realDonaldTrump/status/735465352436408320[6/23/2018 9:12:56 AM]
Donald J. Trump on Twitter: "The protesters in New Mexico were thugs who were flying the Mexican flag. The rally inside was big and beautiful, but outside, criminals!"
immigration crisis once and for all.
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Donald J. Trump Retweeted
Dan Scavino Jr. @Scavino45
·
14h
REQUESTED by family members after their private meeting and visit to the Oval Office
- which took place before public remarks, as seen in the Eisenhower Executive Office
Building, below.
The Hill @thehill
Trump autographs photos of people killed by undocumented
immigrants hill.cm/W2fwuG2
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Secretary Pompeo @SecPompeo
·
21h
.@POTUS’ agenda is the most pro-business agenda from a President in history. It
been a game-changer for the American economic landscape. As a result of President
Trump’s policies, international companies & investors are already going full speed
ahead with opportunities in U.S.
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Donald J. Trump @realDonaldTrump
·
5h
Steel is coming back fast! U.S. Steel is adding great capacity also. So are others.
FOX Business @FoxBusiness
Steel maker JSW to build new plant, invest $500M after Trump tariffs
fxn.ws/2twECaC
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Donald J. Trump Retweeted
Donald J. Trump @realDonaldTrump
·
Jun 21
We have to maintain strong borders or we will no longer have a country that we can
be proud of – and if we show any weakness, millions of people will journey into our
country.
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Donald J. Trump Retweeted
Donald J. Trump @realDonaldTrump
·
Jun 22
Elect more Republicans in November and we will pass the finest, fairest and most
comprehensive Immigration Bills anywhere in the world. Right now we have the
dumbest and the worst. Dems are doing nothing but Obstructing. Remember their
motto, RESIST! Ours is PRODUCE!
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Donald J. Trump @realDonaldTrump
·
16h
Based on the Tariffs and Trade Barriers long placed on the U.S. & its great companies
https://twitter.com/realDonaldTrump/status/735465352436408320[6/23/2018 9:12:56 AM]
Donald J. Trump on Twitter: "The protesters in New Mexico were thugs who were flying the Mexican flag. The rally inside was big and beautiful, but outside, criminals!"
and workers by the European Union, if these Tariffs and Barriers are not soon broken
down and removed, we will be placing a 20% Tariff on all of their cars coming into the
U.S. Build them here!
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https://twitter.com/realDonaldTrump/status/735465352436408320[6/23/2018 9:12:56 AM]
Exhibit 63
Donald J. Trump on Twitter: "Many of the thugs that attacked the peaceful Trump supporters in San Jose were illegals. They burned the American flag and laughed ...
Search Twitter
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Donald J. Trump @realDonaldTrump
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Many of the thugs that attacked the peaceful
Trump supporters in San Jose were illegals. They
burned the American flag and laughed at police
6:04 AM - 4 Jun 2016
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4 Jun 2016
© 2018 Twitter
Donald J. TrumpReplying to @realDonaldTrump
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@KazmierskiR Trump is being blamed for the violence perpetrated by the other side.
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45th President of the United
3
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America
BEAR@ streetbear57
·
4 Jun 2016
Yeah, that's just hilarious. Like a fat person blaming the fork.
Washington, DC
Instagram.com/realDonaldTrump
Joined March 2009
2
2
6
RedeemedPatriot6@ HRClintonPrison
·
4 Jun 2016
That damn fork. & last week my car backed out of the garage all by itself, went out &
got drunk&now I have a DWI.
3
4
4
BEAR@ streetbear57
·
4 Jun 2016
indeed. I was raised to be responsible for my own actions. But, when you have a
LEADER that always blames.
2
2
3
RedeemedPatriot6@ HRClintonPrison
·
4 Jun 2016
He said "not my fault" same week TEN US servicemembers lost, then blamed a
general for his ISIS FUBAR.
2
1
3
Rhonda Kazmierski@ KazmierskiR
·
4 Jun 2016
https://twitter.com/realdonaldtrump/status/739080401747120128?lang=en[6/23/2018 9:27:28 AM]
Donald J. Trump on Twitter: "Many of the thugs that attacked the peaceful Trump supporters in San Jose were illegals. They burned the American flag and laughed ...
https://twitter.com/realdonaldtrump/status/739080401747120128?lang=en[6/23/2018 9:27:28 AM]
Donald J. Trump on Twitter: "Many of the thugs that attacked the peaceful Trump supporters in San Jose were illegals. They burned the American flag and laughed ...
https://twitter.com/realdonaldtrump/status/739080401747120128?lang=en[6/23/2018 9:27:28 AM]
Exhibit 64
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Face the Nation transcripts June 5, 2016: Trump - CBS News
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Email
JOHN DICKERSON, HOST: Today on <FACE> THE <NATION>: Donald Trump
gives no ground, as we go one on one. And we will look back at <the>life of <the>
greatest, Muhammad Ali.
As she closes in on Democratic nomination, Hillary Clinton changes course and
launches a withering round of attacks against Donald Trump.
(BEGIN VIDEO CLIP)
HILLARY RODHAM CLINTON (D), PRESIDENTIAL CANDIDATE: This is not
just another outlandish, insulting comment from Donald Trump. And it is not
normal politics. This is something much, much more dangerous.
(END VIDEO CLIP)
DICKERSON: We sat down with <the> presumptive Republican nominee in
California ahead of Tuesday`s primary and asked him about <the> growing
controversy over Trump University and <the> judge presiding over <the> case
against him.
(BEGIN VIDEO CLIP)
DICKERSON: How does -- his Mexican parents have to do with him not...
(CROSSTALK)
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: He`s member of a club or
society very strongly pro-Mexican, which is all fine. But I say he`s got bias. I want
to build a wall. I`m going to build a wall.
(END VIDEO CLIP)
DICKERSON: We will have plenty of analysis on all <the> political news.
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
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Face the Nation transcripts June 5, 2016: Trump - CBS News
Plus, we will talk about <the> legacy of Muhammad Ali, who died Friday at<the>
age of 74.
It`s all coming up on <FACE> THE <NATION>.
Good morning, and welcome <FACE> THE <NATION>. I`m John Dickerson.
Less than a month ago, we traveled to California to sit down with Democratic
front-runner Hillary Clinton and asked her about her strategy in <the> fall
campaign.
(BEGIN VIDEO CLIP)
CLINTON: I am going to run a race based on issues and what my agenda is
for<the> American people. I don`t really feel like I`m running against Donald
Trump.
(END VIDEO CLIP)
DICKERSON: Just to underscore how quickly this campaign is changing, she
reversed course against Trump late last week.
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(BEGIN VIDEO CLIP)
CLINTON: Donald Trump`s ideas aren`t just different. They are dangerously
incoherent.
(APPLAUSE)
CLINTON: He is not just unprepared. He is temperamentally unfit to hold an
office that requires knowledge, stability and immense responsibility.
(CHEERING AND APPLAUSE)
DICKERSON: We sat down with Mr. Trump at his home in Beverly Hills on
Friday. And that`s where our interview began.
(BEGIN VIDEOTAPE)
DICKERSON: Mr. Trump, on Thursday, Hillary Clinton gave a speech very tough
on you, said that you wanted to bring back water-boarding, go after <the>families
of terrorist, allow Saudi Arabia to have a nuclear weapons. She says you have said
that you know more about ISIS than <the> generals.
But what policy of yours did she mischaracterize?
TRUMP: Number one, it was a whole -- written out by professionals and just shot
after shot. It was supposed to be foreign policy, and it was really Trump policy.
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
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Face the Nation transcripts June 5, 2016: Trump - CBS News
And she got it all wrong.
First of all, she talked about that I want to nuke all of these countries. It is
ridiculous. No, I want these countries to pay for protection. We are protecting
them. We have $19 trillion in debt, very soon going to $21 trillion, John, in debt.
And I want these countries to reimburse us at least for our costs.
She made many statements that she knows were wrong.
DICKERSON: Do you still feel like you know more about ISIS than <the>generals?
TRUMP: Well, they don`t know much, because they`re not winning. That, I can
tell you.
Now, I think they`re not winning for a different reason. I think Obama is hurting
them.
DICKERSON: How so?
TRUMP: It`s being run -- well, from what I hear, it`s being run from <the>White
House. It`s all being run from <the> White House.
I have spoken to certain generals. I will keep it quiet as to who, but highly
respected people. They say we could knock them out fast.
212
PHOTOS
FTN: Behind the scenes
DICKERSON: In office now generals or retired generals?
Face on Twitter
TRUMP: In one case, in office, and, in one case, out of office.
Tweets from @FaceTheNation/team
And they said -- both of them said <the> same thing. If we had <the>leadership,
meaning <the> go-ahead, you could knock them out fast. For some reason, Obama
is not doing that.
DICKERSON: Let me ask you about Libya. You have been highly critical of Libya
and Hillary Clinton. You were also for military action to oust Gadhafi and military
action to take care of <the> humanitarian situation in Libya. You supported that.
TRUMP: When you say supported it, I supported Libya?
DICKERSON: Yes, you supported <the> intervention in Libya.
TRUMP: I did? Where do you see that?
DICKERSON: In a video blog from 2011, you said:
(BEGIN VIDEO CLIP)
TRUMP: Now, we should go in. We should stop this guy, which would be very easy
and very quick. We could do it surgically, stop him from doing it and save these
lives.
(END VIDEO CLIP)
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
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Face the Nation transcripts June 5, 2016: Trump - CBS News
TRUMP: That`s a big difference from what we`re talking about.
DICKERSON: But you were for intervention.
(CROSSTALK)
TRUMP: Again, I`m <the> only one. I made lot of money with Gadhafi. If you
remember, he came to <the> country and he had to make a deal with me because
he needed a place to stay, and he paid me a fortune, never got to stay there. And it
became sort of a big joke.
But <the> fact is that Libya was a disaster from <the> standpoint of <the>way it
was handled.
DICKERSON: But you were for intervention, just to clear that up?
TRUMP: I was for doing something, but I wasn`t for what you have right now.
And right now, ISIS has their oil, John. ISIS is selling -- that is among <the>finest
oil in <the> world. ISIS has taken over <the> Libyan oil. And we don`t do
blockades. We don`t do anything. They`re selling it. They`re making a fortune
with it.
So, we go out, we do Libya, we do it poorly, as poorly as you can do it. You can`t do
worse. And then now, if you look at what`s happened, <the> end result is, ISIS
selling <the> oil and it`s a total mess.
DICKERSON: This is one of <the> things that confuses some people about your
positions. You said you weren`t for intervention, but you were for intervention in
Libya.
TRUMP: I didn`t mind surgical. And I said surgical. You do a surgical shot and
you take them out.
But I wasn`t for what happened. Look at <the> way it`s -- look at -- with Benghazi
and with all of <the> problems that you have had. It was handled horribly.
(CROSSTALK)
DICKERSON: But you said you were never for intervention.
TRUMP: I was never for a strong intervention. I could have seen surgical, where
you take out Gadhafi and his group.
DICKERSON: You said Hillary Clinton should go to jail. If <the> FBI, which is
investigating, if there`s no indictment, will your attorney general go after her?
TRUMP: OK.
So, I have spoken to, and I have watched and I have read many, many lawyers on
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
<the> subject, so-called neutral lawyers, OK, not even on one side or <the> other,
neutral lawyers. Everyone of them, without a doubt, said that what she did is far
worse than what other people did, like General Petraeus, who essentially got a
two-year jail term.
General Petraeus and others have been treated -- their lives have been in a sense
destroyed. She keeps campaigning. What she did is a criminal situation. She
wasn`t supposed to do that with <the> server and <the> e-mails all of<the> other.
Now, I rely on <the> lawyers. These are good lawyers. These are professional
lawyers. These are lawyers that know what they`re talking about and know -- are
very well-versed on what they did. They say she`s guilty as hell.
DICKERSON: But it sounds like you were making promise for your attorney
general that, if you were elected, this is one of <the> things -- this is a
commitment you were making.
TRUMP: That`s true, yes. DICKERSON: It`s a commitment to have your attorney
general...
TRUMP: Certainly have my -- very fair, but I would have my attorney general look
at it.
DICKERSON: Even if <the> investigation...
(CROSSTALK)
TRUMP: You know you have a five and maybe even a six-year statute of limitation.
DICKERSON: But even if <the> current investigations don`t find anything, you
would have your attorney general go back at it?
TRUMP: Yes, I would, because everyone knows that she`s guilty.
Now, I would say this. She`s guilty. But I would let my attorney general make that
determination. Maybe they would disagree. And I would let that person make
<the> determination.
DICKERSON: And what for you exactly is she guilty of?
TRUMP: She`s guilty of <the> servers. She`s guilty of -- you look at confidential
information, I mean, all of <the> information that probably has gotten out all over
<the> world.
And then you know what she`s also guilty of? Stupidity and bad judgment.
DICKERSON: But that`s not a -- if that were criminal, we would all be in jail.
TRUMP: No, no, I`m not even saying that part is criminal. But she`s certainly
guilty of that.
In terms of this country, she is guilty of having just bad, bad -- how could she do a
thing like this?
DICKERSON: But what do you get -- what gets them to jail, though? This is -what`s <the> difference here between rhetoric and law?
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
TRUMP: What <the> lawyers are saying is what she did in terms of national
security, we have very strict rules and regulations -- she`s broken all of them.
DICKERSON: So, <the> classification issue?
TRUMP: She`s broken all of them. Of course it is. But she`s broken so much.
But she`s so -- if you look at this from <the> standpoint of why did she do it,
judgment, <the> word judgment. This is not criminal judgment. You make bad
judgment, although, actually, under those rules and regulations, judgment is even
criminal. You`re not supposed to do it. If you make a mistake, they don`t take that
into account.
Why would a person and how can a person with this kind of judgment
become<the> president of <the> United States? Now, think of this. We`re in a
cyber-world. It`s a cyber-world. This is a very complex -- we`re in world like we
have never been in before.
If we are in a cyber-world and she can`t even handle her e-mails, how can she be
president? And we`re being hacked all over <the> place by Russia, by China
probably. I mean, to <the> best of everyone`s knowledge, it seems to be.
But listen to this. So, we`re in a cyber-world, and she`s playing around with
servers and e-mails. How can she be running this country? She doesn`t know what
she`s doing.
DICKERSON: I want to make -- move on to another development this week.
Paul Ryan has now come out and endorsed you. You have talked to him several
times.
TRUMP: Yes.
DICKERSON: Which of his ideas, <the> famous Ryan ideas, is -- are most
appealing to you?
TRUMP: He`s most appealing. He`s a good man. He wants good things for<the>
country.
We will agree on many things. We`re not going to agree on all things. But we`re
going to agree on many things.
DICKERSON: For instance?
TRUMP: But Paul -- Paul Ryan -- well, I think we will agree on -- as an example,
he really focuses on poverty. He wants to take people out of poverty. So do I. And
we`re going to come up with a plan.
DICKERSON: Why do you think people are poor, by <the> way?
TRUMP: They`re poor because they don`t have jobs. They`re poor in many cases
because they don`t have jobs.
And I will tell you will bring jobs back to this country like nobody has ever seen
before. And people like Carrier and Ford and Nabisco leaving Chicago and moving
to Mexico, they`re all moving to Mexico. I will stop that very quickly.
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
DICKERSON: Do you see yourself as implementing Paul Ryan`s agenda as
president, or is Paul Ryan implementing <the> Donald Trump agenda?
TRUMP: I think it`s going to be a compromise, honestly. I can see a compromise.
DICKERSON: Because, on issues of trade, entitlements, you and he -- immigration
-- so, trade, entitlements, immigration, those are no small issues. You are on
exactly <the> opposite end of <the> -- those aren`t differences. You are on <the>
opposite end of <the>...
(CROSSTALK)
TRUMP: Well, I don`t know. To be honest, we have spoken about it very briefly.
They are big subjects.
You know what my deal is on trade? I want good deals. That`s what I`m going to
do. Somebody said, what is your position on trade? I said, I want good deals.
Whether it`s free trade, not free trade, I don`t care what kind of trade it is. I want
good deals for our country.
We don`t make good deals. We have a trade deficit with China that is
through<the> roof. We have a trade deficit with Mexico. We have a trade deficit
with Japan. We make bad deals, whether it`s <the> military, whether it`s trade.
We only make bad deals.
DICKERSON: Let me ask you about Mitch McConnell on <the> Senate side.
He was asked by CNN two things, one about deporting <the> 11 million
undocumented immigrants, which <the> president, by <the> way, called a
fantasy. He said, if you asked him to do that, he would say, no, don`t do it. He also
said about <the> temporary ban on Muslim integration, no, don`t do it.
These are two big promises.
(CROSSTALK)
DICKERSON: You got millions of votes based on these promises. How are you
going to get past <the> establishment to keep those promises?
TRUMP: You are going to have to watch and are going to have to see.
I have done a lot of things that nobody thought I could do.
(CROSSTALK)
DICKERSON: But you`re not backing down on those promises, based on a no
from <the> Senate?
TRUMP: No, I`m not backing down. We have to do something.
We have a problem in this country. We have a radical Islamic terrorism problem in
this country, and, by <the> way, throughout <the> world, throughout <the>
world. It`s a problem. And it`s a temporary ban. I`m not talking permanent. It`s a
temporary ban. We have to find out what is going on.
DICKERSON: Let me ask you about, what does <the> Mexican heritage of<the>
judge in <the> Trump University case have to do with anything?
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
TRUMP: I think it has a lot to do with it.
First of all, I have had terrible rulings forever. I had a judge previous to him, and it
would have been a very quick case. This is a case I should have won on summary
judgment. This is a case -- and nobody writes this, and they all know it, but they
don`t like to write it -- <the> plaintiff in <the> case was a woman.
She was so bad that, under deposition, it was over. She couldn`t have been<the>
plaintiff. It was a disaster. They went before <the> judge. They said, we don`t
want her to be <the> plaintiff. We want to put somebody else in. So, we said, well,
that`s fine. Dismiss <the> case. You have to dismiss <the>case.
Wait a minute. She gave letters, <the> most incredible reviews of <the>college
you have ever seen, of <the> university. She gave <the> most incredible. Then, on
top of it, we have a tape where she`s talking about it in<the> most glowing terms.
You wouldn`t speak about your college...
DICKERSON: Mr. Trump, what does this have to do with his parents before from
Mexico? How is that...
(CROSSTALK)
TRUMP: No, no, excuse me, excuse me. I`m just saying, we`re getting terrible
rulings.
We go to <the> judge, we say to <the> judge, hey, you can`t let her out of<the>
case. He let her out of <the> case. We said, well, if you`re going to let her out of
<the> case, she`s <the> plaintiff. If you`re going to let her out of<the> case,
<the> case is over. No, <the> case isn`t over. OK?
Now, give me...
(CROSSTALK)
DICKERSON: No, no, for him, how does -- his Mexican parents have to do with
him not...
(CROSSTALK)
TRUMP: He`s member of a club or society very strongly pro- Mexican, which is all
fine. But I say he`s got bias. I want to build a wall. I`m going to build a wall.
I`m doing very well with <the> Latinos, with Hispanics, with <the> Mexicans.
I`m doing very well with them, in my opinion. And we`re going to see, you`re
going to see, because you know what? I`m providing jobs. Nobody else is giving
jobs.
But just so you understand, this judge has treated me very unfairly. He`s treated
me in a hostile manner. And there`s something going on. When a woman can be a
plaintiff in a case and then say, I don`t want to be -- and you know why they don`t
want to be a plaintiff? They didn`t want her. <The>lawyers asked that she not be a
plaintiff because they would have lost <the>case immediately.
DICKERSON: So, I`m trying to figure out your thinking here, though.
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
If his Mexican heritage, <the> fact that his parents were Mexican immigrants, is a
barrier to him doing his job, why would any Mexican voter vote for you? Wouldn`t
they be -- <the> same barrier, <the> same problem?
TRUMP: No, no, that`s a whole different thing. No, they`re going to vote for me
because I`m going to bring jobs into <the> country.
DICKERSON: But isn`t it <the> same problem, because you want to build a wall
and all <the> ?
TRUMP: No.
(CROSSTALK)
DICKERSON: So, what if it was a Muslim judge?
TRUMP: By <the> way, I have so many Hispanics.
I made a speech last night. I saw hundreds of signs, Latinos for Trump, Latinos for
Trump all over <the> place. And you know what? They are here legally. They
don`t want their homes taken away. They don`t want their job taken away. They
like what I`m doing.
Now, people can come in, but they have to come in legally.
DICKERSON: You have -- on <the> Muslim -- but what if he was a Muslim,
though? You have had -- been very tough on temporary Muslim immigration ban.
Would a Muslim judge be also out of <the> question here?
(CROSSTALK)
TRUMP: We are allowing tremendous numbers of people coming into this country
that we know nothing about.
We are -- we have a problem in this country. We`re going to have big problems. I
have been pretty good at predicting things, John. We are going to have big
problems. We have people coming into this country totally undocumented. They
don`t know anything about them.
They don`t have paperwork. I interviewed and talked to <the> best law
enforcement people in <the> business. There`s no way of knowing where they
come from. And we`re taking them in from <the> so-called migration. They are
being sent all over <the> country. We have people that don`t know what they`re
doing. And we have to stop it.
DICKERSON: My question is, if it were a Muslim judge, would you also feel like
they wouldn`t be able to treat you fairly because of that policy of yours? TRUMP:
It`s possible, yes. Yes. That would be possible, absolutely.
DICKERSON: Isn`t there sort of a tradition, though, in America that we don`t
judge people by who their parents were and where they came from?
TRUMP: I`m not talking about tradition. I`m talking about common sense. OK?
He`s somebody -- he is proud of his heritage. And I think that`s great that he`s
proud of his heritage.
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DICKERSON: But you`re saying it`s a barrier to him doing his job.
TRUMP: He`s not treating me fair. He`s not treating me fairly.
DICKERSON: And you think it`s not because -- you think it`s because of where
his parents came from?
TRUMP: I have had numerous lawyers.
Look, I have a case where thousands of people have said it was a great school. They
have written reviews where they say it`s a great school. Not a good school, like
great. They gave it <the> highest marks. I have thousands of these papers.
It should have been a summary judgment case, meaning <the> case should have
been dismissed. And I had a judge who was very fair. I have a lawyer that came in
when he came in. <The> lawyer on other side sort of entered <the>case when
entered <the> case. And we`re trying to figure out what that is all about.
DICKERSON: Would you have your lawyers say, hey, throw this out because<the>
judge...
(CROSSTALK)
TRUMP: Well, I may do that now. Look, we`re finding things out now that we
didn`t know before.
(CROSSTALK)
DICKERSON: Because of his Mexican heritage, though?
(CROSSTALK)
TRUMP: No, because of other things, I mean, because of other things.
DICKERSON: You have said you want to reopen...
TRUMP: How do you allow a case to proceed when <the> plaintiff asks to be
dismissed from <the> case?
<The> plaintiff, <the> one that brought <the> suit, said, I don`t want to sue
anymore. I don`t want to sue anymore. They didn`t want to sue.
You know why they didn`t want to? Because she can`t win <the> case, because
she was a disaster.
DICKERSON: Yes.
TRUMP: So, <the> lawyers want her dismissed from <the> case. They go before
<the> judge and he lets her out?
Well, he can let her out, but you have to dismiss <the> case.
DICKERSON: Yes, I guess I`m just confused how that -- what his Mexican parents
have to do with that.
Let me...
TRUMP: Excuse me. I want to build a wall. I can -- I don`t think it`s very
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confusing.
DICKERSON: Well...
TRUMP: It has nothing to do with anything except common sense.
We have to stop being so politically correct in this country. And we need a little
more common sense, John. And I`m not blaming. I`m proud of my heritage.
We`re all proud of our heritage. And I want to build a wall.
Now, <the> Hispanics, many of them like what I`m saying. They`re here legally.
They don`t want people coming and taking their jobs and taking their house and
everything else. They don`t want that.
DICKERSON: Let me ask you about Trump University. You`re going to reopen it.
Anything you would do differently when you reopen it?
TRUMP: Look, I guess, in life, you always do things differently.
I`ll tell you, <the> thing that we did very well is, we had evaluation reports done
by all of <the> students. Without that, it would be my word against their word, I
guess, or somebody`s word against their word.
We have evaluation reports where we have thousands of them, thousands of them.
And these reports, they`re very detailed reports. What did you think of<the>
instructors? What do you think of this? What do you think of <the>questions?
One to five. Mostly five, five being excellent, right? It`s from one to five, five being
<the> best.
And people circled. I`m being sued by people that have given these tremendous
reports. Now, they`re going to say, oh, but they were forced. Who forced them?
Nobody forced them. You mean they forced thousands of people to sign reports?
Nobody forced them to sign <the> report.
And many, it says remarks on them. Many have been -- handwriting, beautiful
statements about <the> school. Look, it`s very simple. It`s called, if I have chance
to get my money back, let me get my money back.
DICKERSON: Last question. Should <the> U.S. go to <the> Olympics still
with<the> threat of Zika in Brazil?
TRUMP: <The> answer is, yes, but certainly, if an athlete wouldn`t want to do it,
they should <the> right not to do it, but I would say yes.
DICKERSON: All right, Mr. Trump, thank you very much.
TRUMP: Thank you very much.
(END VIDEOTAPE)
DICKERSON: We will be back in one minute with a look back at <the> life of
Muhammad Ali.
(COMMERCIAL BREAK)
DICKERSON: We lost Muhammad Ali on Friday, a man whose impact went far
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beyond his sport.
(BEGIN VIDEOTAPE)
DICKERSON (voice-over): Ali was a boxer and, as he let <the> world know, so
much more.
MUHAMMAD ALI, BOXING HEAVYWEIGHT CHAMPION: That`s why I say
I`m<the> greatest. I`m a poet. I`m a movie star. I`m an actor. I`m a fighter. And
most of all, I`m pretty.
DICKERSON: A three-time heavyweight champion of <the> world, Ali was known
for his unorthodox style, rolling along <the> ropes to avoid a flurry of blows.
ALI: I`m going to float like a butterfly and sting like a bee. His hands can`t hit
what his eyes can`t see.
DICKERSON: But for a man who made his living dancing around <the> ring, he
became a legend when he took a stand. In 1964, he announced he was giving up
what he called his slave name of Cassius Clay and converting to Islam.
QUESTION: Cassius Clay is a name no more. Is that?
ALI: Yes, sir. It`s Muhammad Ali. Muhammad means worthy of all praise, and Ali
means most high.
DICKERSON: Ali was a militant in <the> debate over what it meant to be black
and live in America.
He asserted his greatness when in some parts of <the> country a black man who
did that could be killed for it. By 1967, Ali became a pariah, refusing to join<the>
Army on religious grounds during <the> Vietnam War. At <the> height of his
talent, he sacrificed his fame, title and liberty for his beliefs, marking a new era in
political activism by a star athlete. His comeback bouts with George Foreman and
Joe Frazier in <the> 1970s made him a global celebrity. And, in 1981, he even put
his fame to use.
UNIDENTIFIED MALE: <The> former heavyweight champion went to a window
and reportedly yelled, "I`m your brother, I want to help you."
DICKERSON: By talking a suicidal man back from <the> brink.
For <the> last half of his life, Ali battled Parkinson`s disease, rallying in 1996 to
carry <the> Olympic torch. Once scorned, he was now a hero.
Ali hadn`t changed. <The> times had. Writing in his autobiography, Ali said he
wanted to be remembered -- quote -- "as a man who stood up for his beliefs no
matter what, as a man who tried to unite all humankind through faith and love. I
wouldn`t even mind," he wrote, "if folks forgot how pretty I was."
Muhammad Ali was 74.
(END VIDEOTAPE)
DICKERSON: Joining us now is "New York Times" sports columnist William
Rhoden and, in New York, Muhammad Ali biographer Thomas Hauser, author of
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"His Life and Times" and a new book out today, "Muhammad Ali: A Tribute
to<the> Greatest."
Bill, I want to start with you.
Explain for people who may not have seen <the> whole course of Muhammad
Ali`s life where do you put your finger on <the> greatness of Muhammad Ali? Was
it boxer, civil rights, humanitarian, what?
WILLIAM C. RHODEN, "<THE> NEW YORK TIMES": So much, John, because
you covered every one.
For me, <the> first thing was -- I never thought I would feel this sad. I knew this
was coming. And I find myself feeling sadder than I thought I would. But
remember <the> first -- this guy has been in my life since I was like 13 years old.
And it was through boxing. I was <the> only black kid in my -- in Harvey, Illinois,
Catholic school. I was <the> only black guy. Leading up to it, everybody was
talking all this trash about Ali and Ali.
So, I remember getting ready to watch <the> fight. My father was a Joe Louis guy,
which means he was kind of a Sonny Liston guy. Remember, it was February. And
so, just before <the> fight went on, my dad put on his coat, his overcoat. And he
was going. I said, where are you going? He said, I`m going out to catch Clay.
And so -- and that was <the> first time we find ourselves competitively on sort of
<the> opposite ends of sort of <the> fence, but...
DICKERSON: Catch him, meaning he`s going to get knocked out.
RHODEN: Oh, no, no. He thought -- yes, he thought that Liston was going to
knock him in <the> middle, so he was going to <the> yard and catch him. That
was my dad`s humor.
And so -- but for every phase of my life, when I`m 16, 17, and <the> war was real.
As you know, I`m like -- this is `67. <The> war is real. And we`re thinking, what
are we going to do about -- so, at every phase of my life, including now, Ali sort of
was there as this...
DICKERSON: Thomas, tell me about -- let`s -- about Muhammad Ali as a boxer.
Why was he so good?
THOMAS HAUSER, AUTHOR, "MUHAMMAD ALI: HIS LIFE AND TIMES":
Well, let me just get one thing off my chest.
I was listening to Donald Trump at <the> top of this telecast. And it brought back
a memory of a dinner I had attended at <the> Taj Mahal, <the> Trump Taj Mahal,
as it was called then, in <the> mid-1990s. It was one of those dinners where
Muhammad was given an award, one of these big gala events.
Donald Trump was sitting at <the> same table as Muhammad. And at one point in
<the> evening, Muhammad leaned over and whispered to me, "He`s not as big as
he thinks he is."
That was one of many times when Muhammad was right.
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Now, in terms of Muhammad, why he was great, he was arguably <the>greatest
fighter of all time. He was a beacon of hope for oppressed people all over <the>
world. Every time he looked in <the> mirror and said, "I`m so pretty," what he
was saying, before it became fashionable was, black is beautiful.
When he refused induction into <the> United States Army, he stood up for<the>
proposition that, unless you have a very good reason for killing people, war is
wrong. That`s a lesson we still haven`t learned. People all over <the>world
haven`t learned it.
But I think in <the> end his greatest contribution might have been that there was
an aura of pure goodwill and love about him. He taught us how to love.
DICKERSON: All right.
And we`re going to take a quick break right here, be back with more of our
conversation. So, stay with us.
(COMMERCIAL BREAK)
DICKERSON: Don`t go away. We will be right back.
And be sure to tune in next week, when we sit down with Speaker Paul Ryan in his
first interview since his decision to endorse Donald Trump.
(COMMERCIAL BREAK)
DICKERSON: Some of our CBS stations are leaving us now, but, for most of you,
we will be right back with a lot more <FACE> THE <NATION>, including a look
back at <the> legendary life of Muhammad Ali, a conversation with Democratic
consultant David Axelrod, and our panel, plus a look at surprises in<the> news.
Stay with us.
(COMMERCIAL BREAK)
DICKERSON: Welcome back to <FACE> THE <NATION>.
We want to continue our conversation with "New York Times" columnist William
Rhoden and Muhammad Ali biography Thomas Hauser.
Bill, I want to ask you about Muhammad Ali`s famous poetry, his mouth, his
taunting. Was that an act or was that a part of his character?
WILLIAM RHODEN, "NEW YORK TIMES": Well, you know, part of it was an act.
You know, gorgeous George was sort of his - his model. But it - it was - it became
part of him. I mean, you know, one of <the> famous things, even in<the> street,
you know, and, you know, he was talking about early Torell (ph), and, you know, a
lot of people not calling him by his name and he really gave him a hard time. And,
actually, when he was on <the> mat he was - what`s my name? What`s my name?
And so that almost became, you know, in<the> - in <the> street where we were
playing around and wrestling people and throwing them down, that became sort of
<the> thing like, what`s my name? What`s my name?
Now, that went completely against <the> - sort of <the> orthodoxy of what was
supposed to be sportsmanship at that time. You know, so I think it was - it was an
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act to <the> extent that it was show business, but it was - also came out of <the>
(INAUDIBLE) of style which really, to me, helped define sort of<the> young, black
community.
DICKERSON: Thomas, when Muhammad Ali is - has <the> clash over Vietnam,
how did he come back to become <the> boxing hero, <the> - <the> legend he was
at <the> end of his boxing career?
THOMAS HAUSER, "MUHAMMAD ALI: A TRIBUTE TO <THE> GREATEST":
People began to root for Muhammad very early on in <the> liberal community
and also segments of <the> black community. After he came back from
<the>exile, a number of people looked at Muhammad and said, well, we don`t
necessarily agree with his principles, but he lived up for them, he sacrificed a lot
for them. Also, <the> nation turned against <the> war in Vietnam. People began
to think, well, maybe Muhammad was right about this one. And it`s also worth
noting that while Muhammad sacrificed a lot, he said many times, look, there were
young men who believe that this war is right. They went to Vietnam, they fought
and they were killed and they sacrificed a lot more than I did.
DICKERSON: William, when you - when you think of Ali, you think of Ali and
Frazier, like <the> twin people together.
RHODEN: Right.
DICKERSON: But Joe Frazier returned to his boxing club by <the> railroad
tracks. I mean two very different courses in life.
RHODEN: Yes. You know, and again, that was - that was very interesting too
because, again, you know, <the> black community is complex. There are a lot of
ways to be black. Well, actually, <the> range isn`t that great. There are a lot of
ways to be black, but at <the> end of <the> day I think what Ali stood for is that at
<the> end of <the> day it`s about - it`s about defending black people, caring for
black people, fighting for black people. And - and I think<the> thing that`s going
to live on for me in <the> spirit of Ali lives, is that early on, when I was 17, he said,
listen, you live in a country of trinkets and they`re going to throw a lot of trinkets
at you. There`s so much wealth here. You choose between wealth and principle.
And to have somebody you admire so much at an early age tell you about <the>
essence of this country, and that as you grow up they`re going to throw a lot of
wealth at you and you`ve got to make a choice, it`s going to be <the> belt or
principle.
DICKERSON: Thomas, let me ask you, as a final question, about Muhammad Ali
after - with Parkinson`s, <the> final stage of his life. Tell us about that stage.
HAUSER: It was sad to watch, this long, sad goodbye. I can`t think of a parallel,
really, for 30 years <the> whole world watched this man become more and more
debilitated. He did it very publicly. What`s happening now is a time of mourning
is moving into a time of celebration. So to everybody who loved Ali, I would say,
don`t cry because he`s gone, smile because we had him.
DICKERSON: All right, Thomas Hauser, on that note, thanks so much.
We`ll be back in a moment with our new battleground tracker polls in Tuesday`s
Democratic primary states. Stay with us.
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(COMMERCIAL BREAK)
DICKERSON: Turning now to <the> Democratic race ahead of Tuesday`s
primaries. CBS News battleground tracker polls show a lopsided lead for Hillary
Clinton in New Jersey. She has 61 percent to Bernie Sanders at 34 percent. In
California, there is a much closer race. Bernie Sanders has closed <the> gap and is
now only two points down with Clinton at 49 and Sanders at 47 percent.
We turn now to Democratic strategist and CNN`s senior political consultant David
Axelrod.
David, it looks like on Tuesday Hillary Clinton is going to lock things up, but
Bernie Sanders says there is going to be a contested convention. Explain how those
two things can happen and what that means? DAVID AXELROD, CNN SENIOR
POLITICAL CONSULTANT: Yes, I think we need a little reality check here. <The>
fact is, she needs about 60 delegates to clinch <the>nomination. There are 781 at
stake in <the> next few days. And so she will probably - she will almost certainly
clinch <the> nomination before <the> polls close in California. She will have led
<the> primary season in delegates by pledged delegates, elected delegates, by
about 300 delegates or more. And<the> popular vote by three million. And now
Bernie Sanders is in <the>ironic position of turning to these super delegates, these
party officials, these -<the> party elite, to overturn <the> verdict of voters. And I
think that that`s a very awkward position to be if you`re trying to lead a political
revolution.
DICKERSON: Let me ask you about Hillary Clinton`s speech this week, <the>very
tough attack on Donald Trump. We talked to her a month ago and she said, I`m
not going to bother with Donald Trump. I`m going to talk about my campaign.
Then she gave a kind of Trump-like, sustained, long speech with attack after attack
on policy but also calling him a whole series of names. What do you make of that
switch?
AXELROD: Well, I thought it was imprudent when she made <the> first comment
because, obviously, you can`t - you can`t deal with Donald Trump by ignoring
him. He insists that you not ignore him. And, you know, one of<the> mistakes
Republicans made in <the> primaries was, they didn`t take him on vigorously
from <the> start. She clearly can`t make that mistake. And I think Thursday was
probably her best day in <the> whole campaign.
First of all, that`s her event, standing in front of those flags, giving a very sober
speech, as she did, is what she feels comfortable with. But, secondly, it was a very
lacerating speech and it provoked <the> kind of response that almost - almost
reinforced <the> point she was trying to make, which is, temperamentally, Donald
Trump isn`t suited for <the> presidency.
And for Trump <the> challenge is, can he change in any way and - and - and
demonstrate to people that he has that element of discipline that`s necessary
when you`re in a job that involves mortal power.
DICKERSON: She also suggested Donald Trump likes to throw up shiny objects
when he doesn`t want to talk about something else, but she`s, obviously, got
something she doesn`t want to talk about, that inspector general`s reports,<the>
bad reviews she`s gotten in terms of <the> answers to <the>inspector general`s
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report. So should we read anything into that, that this was her own shiny object?
AXELROD: Well, I think this is her core case and I think anybody who would be
running against Donald Trump would be making <the> same case. There`s no
doubt that <the> e-mail situation continues to nag at her. I think it was very
damaging and I think it - it was poor judgment, as -as she and others have
acknowledged. She hasn`t handled it particularly well. But her hope is, and
expectation I assume, is that it will pass. But for her setting up this stark contrast
is absolutely essential in part because she wants to make that case for voters, but
in part because every time she does it, she draws a response from Trump that only
reinforces her case. DICKERSON: Is this a shot in <the> arm for Democrats too?
There were some people worried about kind of <the>Clinton campaign.
AXELROD: Oh, I absolutely - you know, my - my soundings around <the>country
were such that, you know, Democrats were dispirited by <the>campaign that she
had run to date. It seemed a little flaccid. She seemed more restrained.
This was - this - this speech was a shot of adrenaline for her. My - my - my guess is
it may help her Tuesday in <the> California primary. This is what a lot of
Democrats were hoping to see.
DICKERSON: All right, David Axelrod, thanks so much for being with us.
AXELROD: Good to see you, John.
DICKERSON: And we`ll be right back with our panel.
(COMMERCIAL BREAK)
DICKERSON: Joining us now for some political analysis is "USA Today`s"
Washington bureau chief Susan page, chief Washington correspondent for "<The>
Washington Post," Dan Balz, plus national editor of <the> "Cook Political Report,"
Amy Walter, and executive editor of "<The> National Review, Reihan Salam.
Reihan, let me start with you. How much of a big deal are Donald Trump`s
comments and his - you know, he`s not backing down on this question of Judge
Gonzalo Curiel. Newt Gingrich said it was a huge mistake for him to hold this
position. Does it matter?
REIHAN SALAM, NATIONAL REVIEW INSTITUTE: It`s hard to say because
what Donald Trump does, and as he did in his interview with you is, he will take
one of your questions, he won`t exactly answer it. He will take words that you
brought up in your question and he will say them again and again without actually
addressing <the> substance of your question. And <the> reason he does that is to
make it appear as though he`s responding. And, frankly, that`s been decently
effective so far. He doesn`t address <the> actual charge. and<the> question is, do
people actually believe that he`s bigoted or not? If they believe he`s bigoted, and,
of course, much of <the> country already does, they`ll accept that this reinforces
that view. If they simply don`t believe it, if they believe he`s basically a decent guy
who`s being hounded by <the>media in unfair way, they`ll believe that. And he
recognizes that uncertainty and he plays to it.
DICKERSON: Dan, what do you make of - I mean Speaker Paul Ryan also spoke
out about - in opposition after having just endorsed Donald Trump. So you`ve got
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Speaker Paul Ryan, Newt Gingrich, Senator Flake. Where does this leave things?
DAN BALZ, "WASHINGTON POST": John, it`s almost <the> classic example of
what we`ve seen throughout <the> entire year. Things he does and says give
terrible heart burn to Republican establishment people. And over <the> last
month since he effectively became <the> nominee, more and more of them have in
one way or another said, I will be for him in November and yet he does these
things and they react. Their concern is that it`s going to cost him <the>presidency
and that it`s going to cost <the> party, both short term and long term. But we`ve
also seen there is another audience out there that responds in a different way to
that. And so I think you always have to be careful about predicting just how bad
something that seems bad is going to be.
DICKERSON: That`s right.
Amy, <the> audience Dan is talking about is <the> common sense
audience.<The> one that looks at all of <the> things AMY WALTER, "COOK POLITICAL REPORT": Right.
DICKERSON: We get all wound up about.
WALTER: Right.
DICKERSON: And that elites get, you know, spun up about. And, you know, just
let`s have some common sense in Washington, that`s <the> pitch Donald Trump
is making.
WALTER: That`s right. It`s hard to make that pitch, though. I mean this is<the>
whole point, which is, what we should really be talking about today, if you were
<the> Republicans, if you were <the> Trump campaign, is <the>terrible jobs
report that came out on Friday. That should be <the> entire focus of this. We have
an economy that has not recovered for a whole lot of people who are attracted to
Donald Trump, who`s saying I`m going to bring jobs back. That would have been
a message that would break through, I think, to a whole bunch of people. Instead,
what we`re talking about are all of these things that seem to have nothing to do
with whether or not jobs are going to come back or <the> economy is going to
recover.
<The> other thing that`s remarkable, I went back and went through <the>2013
autopsy that <the> Republican Party did after their loss in 2012. And literally
everything he`s doing right now is <the> opposite of what Republicans thought
<the> next presidential candidate needed to do, specifically on tone. It wasn`t
just, he needs to come out and support immigration, or do better with these
groups. It said, if we have a tone that suggests that we don`t like these people, it
doesn`t matter who our policies are. So when Trump says, I`m going to bring jobs
back, it doesn`t matter what I say about walls or about Mexicans not being able to
take my case, that`s exactly <the> opposite of what they learned from <the> last
time.
DICKERSON: And yet, Susan, Republicans are lining up smartly behind Donald
Trump, despite <the> tone. I mean, you know, it`s not just Paul Ryan. It`s Marco
Rubio. And you look at <the> distance some of them have travel. I mean Rick
Perry called him a cancer. Now he`s saying he`s wonderful. He is - they are, in a
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sense, and people have written this, they are basically affirming everything he said
about them and how quickly politicians will fishtail to get to<the> - to <the> right
place. So <the> Republican Party is - is getting behind this candidate.
SUSAN PAGE, "USA TODAY": I think senior Republicans decided they didn`t
have an alternative. He had won <the> nomination. He`s going to be nominated
at <the> - at <the> convention. I think one thing we`re seeing is a battle for <the>
post Trump GOP. I mean I think that`s why you see them come out and say, I`m
going to - Paul Ryan among - among them saying, I`m going to vote for him, I`m
endorsing him. But I have a totally different vision on all these issues, like
immigration or <the> Muslim judge or <the> Mexican judge or <the> Muslim
ban, because they want to define - they want to have an alternative vision of <the>
Republican Party to offer once this election is over and that is on <the>
assumption that Trump is going to lose.
WALTER: Right.
PAGE: Because winning <the> nomination is a different electorate WALTER: Yes.
PAGE: Than they <face> now in <the> - in <the> general election. This is a much
more diverse electorate. It`s a much younger electorate. It`s people who are going
to be, I think, quite concerned, voters, not just elites, voters concerned about
<the> positions that he`s taking.
DICKERSON: Reihan.
SALAM: There`s a version of what Trump is saying. Even actually when he`s
talking about nuclear proliferation, there`s actually a version of what he`s saying
that is, in my view, defensible. He does not make that case. Time and again rather
than making, you know, an affirmative case for his use on immigration and trade,
he actually keeps getting drawn in to talking about his personal business affairs
rather than talking about <the> unemployment rate. So when you`re looking at
Republicans, as Susan is saying, there is this jockeying for position, what do we do
now that we know <the> Republican Party has changed in this meaningful,
material way? And you see some smart people, like Tom Cotton, <the> senator
from Arkansas, he is looking around<the> bend and he`s actually trying to be very
cautious. Being a good solder for Trump, but also recognizing there is this national
constituency in <the>country, how do I speak to it in a coherent and defensible
way? But that`s all going to happen - that`s all going to happen after Trump
because, frankly, Trump, because of his obsession with his own personal business
affairs, rather than really laying out a distinctive ideological direction for <the>
Republican Party, he`s actually not making that case.
BALZ: John, I wanted to pick up on something that Amy said about <the> -<the>
economic situation. If you look what Donald Trump has done since he became
<the> presumptive nominee, it has almost entirely been backward looking. It is
not forward looking.
WALTER: Yes.
BALZ: He`s settling old scores. He can`t let go of things that still bother him from
his successful campaign for <the> nomination. He needs to be reaching to a
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
different audience. That message on jobs is something that would reach people
who might not necessarily have been for him, or were still on <the>fence. But,
instead, he`s ignoring that part of <the> electorate that he really would need to
become president. DICKERSON: Amy, what do you make of Hillary Clinton`s
speech this week? Is this a change in strategy? Is this what we`re in for, for <the>
next many months?
WALTERS: Well, campaigns are pretty simple, right? It`s - their choice is between
this or that. And it`s also a referendum. Now, this, again, this is an election that,
on its <face>, should be an election that Republicans should win, if it is a choice
between going in <the> same direction that this president has been going in for
<the> last eight years, many Americans saying we want to take a different
direction.
However, what she`s saying is, that direction is going to be led by Donald Trump,
who`s unstable and is going to lead us into more trouble. So <the>change is too
dangerous. It`s better to be stable than it is to have change. And that is really
<the> only way I think that she wins an election in a time when people are saying
they want change more than anything.
SALAM: One opportunity that Trump has in a funny way is that, in theory at least,
he could run to Hillary Clinton`s right, as well as to his left. And so if you`re a
Democrat, <the> campaign you`re used to running is a grind it out, this person is
a right wing extremist, and, you know, there`s certainly some reason to believe
that with Donald Trump. <The> trouble is that he wears those positions so lightly.
He abandons them one after another.
Whereas, when you go in <the> route that she`s taking now, in <the>speech that
she made on Thursday, by saying that he is dangerous, and actually by saying that,
look, this guy attacked Ronald Reagan in <the> `80s. It`s very interesting because
it kind of lowers <the> temperature on that left-right ideological contest and it`s
saying to a lot of independents who have lots of doubts about her, have lots of
doubts about Barack Obama, to say that, look, this is very simple. You might
actually find one thing or another that he says interesting or appealing, but then
there`s seven other things that he said that are less so.
And I`ve got to say, I wonder if she`s going to stick with this overtime. And I
wonder if Donald Trump will maybe be able to reach out to some of that Sanders`
vote. But I think that that`s <the> danger. But at this point, right now, Donald
Trump`s obsession with himself and with his own business affairs, with his own
past, makes it very hard to see him breaking out of that dynamic and actually
reaching out to those left wing voters that maybe could deliver him <the> election
in some strange world.
PAGE: But pity <the> voter.
WALTER: That`s right.
PAGE: Pity - pity Americans. You`ve got <the> - he`s saying she should go to jail
for stupidity, which is a hard standard. That`s - that`s too low a bar, I think,
(INAUDIBLE).
DICKERSON: Yes. Right, as he does also <the> classification. PAGE: As you - as
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
you pointed out. Yes. And she says he`s unstable and - and - she`d leave it
to<the> psychiatrists to talk about why he`s so drawn to tyrants.
And one thing he said in your interview I thought was interesting, he said, she was
supposed to give a foreign policy speech and she gave a Trump speech. And that is
true. She gave a speech that was really devoted to savaging Trump in a really
effective way. But are we going to have a campaign that`s - that turns totally on
other person is even more unacceptable than I am with - with no serious
discussion about some of <the> big challenges that are in American`s own lives?
DICKERSON: I think - well, I think that`s right.
PAGE: I think <the> answer is yes.
DICKERSON: I see no other reason. Also because she was trying not to talk about
<the> e-mails WALTER: That`s right.
DICKERSON: Which is another topic.
WALTER: And she was trying not to talk, too, about - I mean, again, his response
to her speech should have been, her decisions that she`s made and that <the>
Obama administration has made on foreign policy have not made us safer.
DICKERSON: Right.
WALTER: And went through <the> litany of issues. And instead it was back on all
these other things that we just have been talking about.
DICKERSON: Let`s switch to <the> Democrats here at <the> end.
Dan, Bernie Sanders says there`s going to be a contested convention. What does
that really mean, do you think?
BALZ: I don`t know what that means, John, and I think we`re going to have to
wait until we get through Tuesday night to see how Senator Sanders actually
responds to a conclusion in this. There is a D.C. primary <the> week after that.
But for all practical purposes, it`s over Tuesday night. She will have, as David
Axelrod said, more votes, more pledged delegates, more superdelegates, more
states won. She will have won across <the> board. He`s going to try to make an
argument. <The> questions is, does he persist in that? Does he carry that fight
forward? If he does, it`s going to be messy in Philadelphia.
WALTER: I`m looking for President Obama and what he does right after this
primary is over. I mean I think it`s not going to necessarily happen on Tuesday or
on Wednesday, but when all <the> votes are tallied, when all <the>delegates
comes out, does President Obama come out and say, this has been great, good job,
everybody, Hillary Clinton`s our nominee and that I think helps move <the> <the> dialogue in a different direction. BALZ: But does Senator Sanders respond
to that? That`s <the> question.
WALTER: Well, that`s <the> question.
PAGE: And <the> results in California matter. Your poll shows it`s just a twohttps://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
point race. We know it`s really close. But it may - it matters not in terms of who
gets <the> nomination, it matters on kind of <the> tone at <the> end of these
contests and what <the> context is for trying to get Bernie Sanders to endorse
Hillary Clinton.
SALAM: I say Bernie Sanders has already won because Barack Obama came out
and said that we should increase Social Security payments for everybody and this
is a good and sensible policy. He would not have said that a year ago, two years
ago. Certainly not, you know, seven years ago. That is a very big deal.
DICKERSON: Why a big deal? That Obama came out or <the> position on social
security?
SALAM: It`s a big deal that Barack Obama has come out and repudiated some of
<the> kind of centrist, goo-goo, Social Security reforms that he had before and
embraced a central plank of <the> Bernie Sanders` campaign. He sees where
<the> future is for <the> Democratic Party. You know, whether or not he could
defend that position to <the> Barack Obama of three or four years ago, I can`t say,
but he sees where <the> window is blowing and it`s blowing in Bernie Sanders`
direction.
DICKERSON: Goo-goo being a term for good government, not - not what your
toddler says in <the> morning. That`s it for all of us. We`ll be back in a moment.
(COMMERCIAL BREAK)
DICKERSON: When we started a new chapter of <FACE> THE <NATION>, only
half of <the> 17 Republican presidential candidates had officially joined
<the>campaign. And it was two weeks later that Donald Trump took that escalator
ride into <the> race.
Weeks before he did, House Speaker John Boehner told us that Trump could
surprise everyone. He sure did. And Boehner would <face> his own surprise, his
career, a casualty of <the> forces that elevated Trump.
In our first meeting last spring, Bernie Sanders was concerned his campaign
message wouldn`t get much coverage. News is what surprises us, but this year
some of <the> surprises have felt more suited to fiction. And some of<the> news
has felt too real. <The> terrorism in Charleston, Paris, San Bernardino and
Brussels. Awful news to report, but also stories of courage and grit and amazing
grace.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF <THE> UNITED STATES (singing): Amazing
grace, how sweet <the> sound.
(END VIDEO CLIP)
DICKERSON: A host has a license to ask questions, but it`s your questions in
airports or diners or wherever we`re rushing that renew that license. Your
thoughts, your concerns about <the> world and even <the> stories of how and
where you watch <FACE> THE <NATION> remind us of <the> place you give us
in your life and of our obligation. We are grateful. To my CBS colleagues who let
https://www.cbsnews.com/news/face-the-nation-transcripts-june-5-2016-trump/[6/21/2018 9:04:02 PM]
Face the Nation transcripts June 5, 2016: Trump - CBS News
me be <the> public <face> of <the> show, I am grateful for all of your hard work,
though I`m not surprised.
And with that, we`ll see you next week. For <FACE> THE <NATION, I`m John
Dickerson.
END
© 2016 CBS Interactive Inc. All Rights Reserved.
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Exhibit 67
Trump supporters’ false claim that Trump U judge is a member of a pro-immigrant group ... Page 1 of 4
The Washington Post
Fact Checker
Trump supporters’ false claim that Trump U judge is a member of a pro-immigrant group
By Michelle Ye Hee Lee June 7, 2016
Email the author
“Trump’s complaints about the judge and the law firm in the Trump University case are valid and reflect a growing
pattern of politicized ‘justice.’ Criticizing the judge for his membership in a radical La Raza San Diego group would
have been legitimate. Focusing on ethnicity was not.”
— Former House speaker Newt Gingrich (R-Ga.), interview with The Washington Post, June 6
Gingrich, a Donald Trump supporter, has been critical of the Republican presidential candidate’s racially charged
remarks about the federal judge presiding over the Trump University case. Trump continues to say that U.S. District
Judge Gonzalo Curiel, who was born in Indiana, is biased against him because of Curiel’s Mexican heritage and
Trump’s border security proposals, including building a wall. Gingrich has called such claims “inexcusable” and
“one of the worst mistakes Trump has made.”
In an interview with The Post, the former House speaker repeated a widely debunked claim perpetrated by Trump’s
supporters and surrogates to argue that Curiel is a liberal judge playing identity politics through the Trump
University case. Gingrich described Curiel’s membership in a “radical” La Raza group in San Diego, suggesting that
the group is affiliated with a well-known pro-immigrant group with a similar name.
So let’s debunk this once and for all — and along the way, check out some of the new claims about this group’s
alleged connections to illegal immigration advocacy.
The Facts
As The Post and other media outlets have pointed out repeatedly, Curiel is a member of the San Diego La Raza
Lawyers Association, which is a professional organization for Latino lawyers. The group is the San Diego local
affiliate of the California La Raza Lawyers Association, whose membership comprises lawyers practicing in
California, and is a 501(c)(6) nonprofit trade organization. It has an affiliated 501(c)(3) scholarship fund that
awarded 22 scholarships totaling $34,000 in 2014. More on that later.
This group is not the National Council of La Raza, the Hispanic civil rights nonprofit organization that has pushed for
comprehensive immigration reform in Congress with a pathway to citizenship and legalization for undocumented
immigrants. It’s often referred to as simply “La Raza,” especially in the context of the immigration debate.
To recap this simple fact: San Diego La Raza Lawyers Association ≠ National Council of La Raza.
When Trump began his public tirade against Curiel, Trump campaign spokeswoman Katrina Pierson and other
supporters conflated the two groups, which both use “La Raza.” But now, even conservative groups have
acknowledged that they are separate organizations.
A literal translation for “La Raza” is “the race,” but it’s interpreted as a broader term describing the Latino
community. Opponents of immigration note that the term has roots in the Chicano nationalization movement of the
1960s. But “La Raza” is a common name incorporated throughout the community and often used by Latino
organizations and businesses, including restaurants and medical clinics. A search for “la raza” on yellowpages.com
turned up more than 3,000 results in California alone.
“The only tie that we have is that we serve the Latino community, and they do as well,” said Luis Osuna, president of
the lawyers association. “But they’re a politically driven advocacy group, and we’re just a local diversity Bar
association that focuses on both diversity and equality in the legal field, but particularly among Latinos.”
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Trump supporters’ false claim that Trump U judge is a member of a pro-immigrant group ... Page 2 of 4
Lisa Navarette, a spokeswoman for the National Council of La Raza, confirmed this, saying: “The two organizations
know of each other but are two completely separate organizations, and nothing wrong with either organization. The
judge is not a member of NCLR, but there wouldn’t be any issue if he was.”
Still, Trump’s supporters and surrogates continue to draw misleading ties between the lawyers organization and the
National Council of La Raza and advocacy for legalizing undocumented immigrants.
The latest criticism is that the group considers the National Council of La Raza and other pro-immigrant
organizations a part of its “community,” as evidenced by a list of organizations on its website under the heading
“Community.” But that’s a real stretch. Another misleading claim is that the organization gave a scholarship to an
undocumented student in 2014, when Curiel served on the scholarship selection committee. In reality, the student
identified himself as undocumented only after he was selected for a scholarship.
The list of Web links is a resource to people who visit the website looking for information and services the
organization doesn’t provide, Osuna said. It includes links to groups, such as the San Diego Latino Film Festival, a
domestic violence program, legal aid society, the San Diego Superior Court and resources for victims of human
trafficking.
As for the scholarship, one of the recipients of a 2014 scholarship from the San Diego La Raza Lawyers Association
Scholarship Fund was a part-time law student who identified himself as undocumented — after he received the
award. The student received a $1,500 scholarship and wrote in his bio that he emigrated to America at age 11, and
that he “wishes to someday tell any student struggling with higher education, ‘Look, a boy from Oaxaca, who did not
know English and is undocumented has now graduated from law school and is an attorney.’” Curiel was one of 10
people on the scholarship selection committee.
The California Supreme Court has ruled that undocumented immigrants can be admitted to the state bar as long as
they have fulfilled requirements to practice law in the state, effective January 2014. The organization does not ask
applicants for their citizenship status, and the student identified as undocumented when he wrote his bio for an
event program, Osuna said.
“We give [scholarships] to Latino students. It’s not as if being undocumented is a prerequisite or a question asked
in the application,” he said.
[Update: After the fact-check published, a spokesman for Gingrich responded to our request for explanation, saying
Gingrich did not conflate National Council of La Raza with the San Diego La Raza Lawyers Association “because
there is no need,” as both groups are “radical.”
We asked what constituted “radical” activities, and the spokesman said the lawyer group was affiliated with two
groups that have advocated for pro-immigrant policies (Hispanic National Bar Association and the Mexican
American Legal Defense), as shown by their names appearing on the “Community” section online. The lawyer group
also linked to those two organization’s news releases and hosted events featuring their leaders, he said.
Neither the Hispanic National Bar Association nor the Mexican American Legal Defense has an official affiliation
directly with the San Diego La Raza Lawyers Association. However, the lawyers group has paid to be an affiliate
member of the Hispanic National Bar Association in the past. Still, as we noted, listing other pro-immigrant
organizations under the San Diego lawyers association’s “Community” section as a resource doesn’t prove that the
lawyers group itself is “radical.”
In a statement released June 7, Trump called Curiel’s professional memberships into question but also announced
he does not “intend to comment on this matter any further”: “Due to what I believe are unfair and mistaken rulings
in this case and the Judge’s reported associations with certain professional organizations, questions were raised
regarding the Obama appointed Judge’s impartiality. It is a fair question. I hope it is not the case.”]
The Pinocchio Test
https://www.washingtonpost.com/news/fact-checker/wp/2016/06/07/trump-supporters-fals... 6/23/2018
Trump supporters’ false claim that Trump U judge is a member of a pro-immigrant group ... Page 3 of 4
It’s time to drop this false accusation that Curiel is a member of a “radical” group that advocates for immigrant
rights, or for legalization of undocumented immigrants. Trump’s supporters continue to mischaracterize this group
as either the same, or comparable, to a Hispanic civil rights group.
Yet Curiel is a member of the San Diego La Raza Lawyers Association, which is a professional organization for
Latino lawyers. There’s no evidence the organization is advocating for giving law scholarships to undocumented
immigrants. And the new attack that the group lists the National Council of La Raza as a member of its
“community” on its website is just a red herring that says nothing substantive about the lawyers group’s activities or
merits as a professional organization.
Four Pinocchios
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Trump supporters’ false claim that Trump U judge is a member of a pro-immigrant group ... Page 4 of 4
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Michelle Ye Hee Lee is a reporter on The Washington Post's national political enterprise and
accountability team, covering money and influence in politics. Follow @myhlee
Inside 'Trump Revealed'
Read stories based on reporting for “Trump Revealed,”
a broad, comprehensive biography of the life of the
president.
• Reporting archive: Trump’s financial records,
depositions and interview transcripts
https://www.washingtonpost.com/news/fact-checker/wp/2016/06/07/trump-supporters-fals... 6/23/2018
Exhibit 68
Exhibit 69
Exhibit 70
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 1 of 96
‘This deal will make me look
terrible’: Full transcripts of
Trump’s calls with Mexico and
Australia
Read related: ‘You cannot say that to the press’: Trump urged Mexican
president to end his public defiance on border wall, transcript reveals
By Greg Miller, Julie Vitkovskaya and Reuben Fischer-Baum
Aug. 3, 2017
The Washington Post has obtained transcripts of two conversations
President Trump had with foreign leaders: one with Mexican President
Enrique Peña Nieto and another with Australian Prime Minister Malcolm
Turnbull.
Four big takeaways from Trump's calls to Mexican and
Australian counterparts
https://www.washingtonpost.com/graphics/2017/politics/australia-mexico-transcripts/?utm... 6/23/2018
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 2 of 96
The transcripts were prepared by the White House but have not been
released. The Post is publishing reproductions rather than original
documents in order to protect sources. The reproductions below also
include minor spelling and grammatical mistakes that appeared in the
documents.
The story must be told.
Your subscription supports journalism that matters.
Try 1 month for 99¢
Conversation with Mexican
President Peña Nieto
https://www.washingtonpost.com/graphics/2017/politics/australia-mexico-transcripts/?utm... 6/23/2018
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 3 of 96
Peña Nieto was elected in 2012, leading the centrist Institutional
Revolutionary Party. A series of scandals has left the president with an
approval rating lower than Trump’s.
Timeline
Friday
Jan. 20
Donald Trump is inaugurated.
Wednesday
Jan. 25
Trump signs an executive order to begin construction of a southern border
wall. Jared Kushner meets with Mexican Foreign Minister Luis Videgaray to
craft the language for the announcement, which is “well received” in
Mexico and doesn’t discuss payment.
Thursday
Jan. 26
Trump tweets, once again, that Mexico will pay for the wall. Facing political
pressure at home, Peña Nieto cancels his Jan. 31 trip to Washington.
Friday
Jan. 27
Call with Peña Nieto.
Trump hosts Britain’s Prime Minister Theresa May.
The two leaders discussed the political optics of funding the border wall,
and potential taxes and tariffs on Mexican goods.
Highlights
1. Trump threatens potential tariffs on Mexican goods. ○
2. Trump vows to help fight the “tough hombres” driving the Mexican
drug trade. ○
3. Trump seems to acknowledge that his threats to make Mexico pay
had left him cornered politically. ○
https://www.washingtonpost.com/graphics/2017/politics/australia-mexico-transcripts/?utm... 6/23/2018
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 4 of 96
4. Trump asks that they avoid publicly disagreeing over how the wall
will be funded. ○
5. Trump describes the wall as “the least important thing we are
talking about.” ○
6. Trump tells Peña Nieto to stop saying publicly that his government
would never pay for the wall. ○
JANUARY 27, 2017, FROM 9:35 TO 10:28 A.M. EST.
Hello, good morning.
TRUMP
Mr. President, good
PEÑA NIETO
morning.
How are you, Mr.
TRUMP
President?
Peña Nieto is a fluent English speaker
but switches to Spanish in formal
settings.
I am good. How are
PEÑA NIETO
you? It is good to speak
with you. Let me switch
to Spanish so I will be
Trump continues to use Peña Nieto’s
first name throughout the
conversation — a total of 13 times.
more comfortable.
https://www.washingtonpost.com/graphics/2017/politics/australia-mexico-transcripts/?utm... 6/23/2018
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 5 of 96
Yes, that would be fine,
TRUMP
Enrique .
President Trump, I am
PEÑA NIETO
very glad to hear from
you and I know we have
had a point of
difference that has
complicated the
situation. Let me tell
you clearly what I think
is now happening in the
route of reaching an
agreement between our
two nations. The first
While announcing his border wall
executive order, Trump said, “We also
understand that a strong and healthy
economy in Mexico is very good for
the United States — very, very good.”
Peña Nieto could be referring to
Trump’s visit to Mexico on Aug. 31.
Trump, then the Republican
presidential candidate, held a joint
news conference with Pena Nieto and
said the two didn’t discuss who would
pay for the proposed border wall.
thing I want to say is
that I highly appreciate
the openness of your
team and the
willingness of your
team to work to open a
new framework
between our two
countries.
https://www.washingtonpost.com/graphics/2017/politics/australia-mexico-transcripts/?utm... 6/23/2018
Transcripts of Trump’s calls with Mexico and Australia - Washington Post
Page 6 of 96
Thank you.
TRUMP
Yes, and I want to also
PEÑA NIETO
thank you personally
for what you said last
Wednesday on the
importance of Mexico
to have a strong
economy, and also the
responsibility our
administration has
accepted to stop illegal
trafficking of weapons
and money coming into
Mexico. However, we
Luis Videgaray is Mexico’s foreign
minister.
have found an issue
here that marks
differences and this is
nothing new, Mr.
President. I think that
since your visit we
have spoken about this
and this is what I want
Videgaray and Kushner worked
together to soften Trump’s words
during his border wall speech.
This figure is out of context. The deficit
is high because of increasing U.S.
trade with Mexico. Economists
generally agree that a high trade
deficit coupled with high numbers of
imports and exports is a good thing.
to talk about, this
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difference. Let me tell
you, Mr. President, this
is not a personal
difference. It has
nothing to do with you
personally, Mr.
President. But it is an
unthinkable that I
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As a result of the North American Free
Trade Agreement, the United States,
Canada and Mexico constitute an
economically integrated market,
especially for the auto industry. Auto
parts and vehicles produced in each
country freely flow over the borders,
without tariffs or other restrictions, as
thousands of part suppliers serve the
automakers that build the vehicles.
Factories built in Mexico may actually
free up production in the United
States, so it’s not a zero-sum game.
cannot ignore this
because we find this
completely
unacceptable for
Mexicans to pay for the
This is a false claim. Trump did as well
as Mitt Romney and worse than John
McCain; Hillary Clinton lost some
votes to third-party candidates, and
therefore she did worse than Barack
Obama.
wall that you are
thinking of building. I
understand, Mr.
President, the small
political margin that
you have now in terms
of everything you said
that you established
throughout your
campaign. But I would
also like to make you
understand, President
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Trump, the lack of
margin I have as
President of Mexico to
accept this situation.
And this has been,
unfortunately, the
critical point that has
not allowed us to move
forward in the building
of the relationship
between our two
countries. I propose,
Mr. President, for you
to allow us to look for
ways to save these
differences. For both
our governments, this
could constitute a winwin situation. I
understand the position
of your government on
Ohio and Michigan actually have lost
many auto industry jobs to other
states, not countries. Factories have
also closed because of automation
and because American workers have
become more productive, so fewer
workers are needed to make the same
number of goods. Trump swept Ohio
with the help of white middle-class
voters but won by a razor-thin 0.2
percentage points in Michigan. In
2015, Trump called Mexico “the new
China” during a visit to Flint, Mich.
“They’re taking our factories, and
they’re rebuilding these massive
plants in Mexico,” Trump said.
this issue, and I respect
it. But I also ask for full
consideration and
respect for the position
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of my administration,
and the position of the
Mexican society at
Peña Nieto is probably saying this
because trade was not discussed in
any formal settings and Trump was
referencing campaign promises.
large. Let us look for
ways to save this
political issue so that
we can remove this
difficulty and so that we
can also be creative on
this, Mr. President. I
am certain that other
conversations and
discussions that we
have had – this route of
the dialogue that we are
having, especially
Trump often boasted of the crowd size
at his rallies but has also inflated
these numbers. The highest turnout
would have probably been in Mobile,
Ala., where an estimated 30,000
people attended. Other candidates
also had large turnouts. The campaign
of Sen. Bernie Sanders (I-Vt.) said its
rally in Portland attacted 28,000
people, and the next day 27,500
came to an event in Los Angeles.
related to the economy
and trade and security
– are highly promising
in our relationship. I
believe we are on the
path of overcoming the
differences that we
have, if this is what we
decide to agree on. And
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I think we can continue
in this attitude, the way
I think of it, which is a
constructive attitude to
continue moving
forward in a positive
manner with friendship
as well. That is my
The U.S. has a smaller trade deficit
with Canada than it does with Mexico,
although Trump has also clashed with
with Canada over softwood lumber
tariffs. In April, Trump said that
“Canada’s been very rough on the
United States.”
position, Mr. President.
Thank you very much,
TRUMP
Enrique. I appreciate
that. I thought that was
beautifully stated. And
certainly, as to the
relationship and
friendship, I consider
you a friend. I met you
the one time and I
studied you. You are a
very hard person to
Even before Trump was elected, a Pew
research study found that more
Mexicans are leaving the United
States than migrating to America.
study, because you are
sending out messages
that are important to
the Mexican people. I
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consider you a friend
and I consider Luis, the
person working with
you , a very smart man.
To be very honest with
you, I did not want to
have a meeting. I did
not want to meet with
Luis, I did not want to
meet with Mexico, I did
not want to meet with
anybody. It was only
because of a very good
Trump tapped retired Gen. John F.
Kelly in December to head DHS. Kelly
was picked in part because of his
border expertise as the former head of
U.S. Southern Command.
relationship that Jared
Kushner has with Luis
that these two decided
to meet and discuss,
but I was not really in
favor for that meeting.
I felt that we should do
a much simpler
solution, and that
solution was tariffs at
New Hampshire has been particularly
hard hit by heroin and prescription
drug abuse. The state also has the
highest synthetic opioid death rate in
the country. Trump has previously said
the state has an “unbelievable” heroin
problem, adding: “You know where
that stuff comes from.” Trump won the
New Hampshire Republican primary,
but it was actually Clinton who was
declared the winner of New
Hampshire in the presidential race —
six days after she lost the election.
the border , because the
United States has a
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trade deficit with
Mexico of $60 billion .
And the United States
will not have those
deficits anymore. We
Congress delegated some tariff and
trade powers to the president, but the
president’s actions may be challenged
in court.
do not mind a small
deficit, and we do not
mind a little time to get
there. But we cannot do
this and we cannot
sustain like this. We
will not be the United
Billionaire investor Wilbur Ross was
confirmed as the commerce secretary
on Feb. 27. Investment banker Gary
Cohn is Trump’s chief economic
adviser and director of the National
Economic Council.
States anymore. And we
cannot listen to this. I
was voted on the basis
that we are losing so
much money to Mexico
in terms of jobs,
factories, and plants
moving to Mexico. We
cannot do this anymore
and I have to tell you it
is not sustainable. And
interpreter, I think
Enrique understands
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everything I said,
unless you, Enrique,
feel you want an
interpretation for this,
please continue to go
forward, is that okay?
Yes, I will be okay.
PEÑA NIETO
Because I have been
TRUMP
with him – he speaks
better English than me
– so we will just go on.
What I want is fair
tariffs at the border,
and I want to be fair
because I want a great
relationship with
Mexico. In the latest
election, I won with a
large percentage of
Hispanic voters . I do
not know if you heard,
Trump previously said the wall would
cost $8 billion, but the Department of
Homeland Security estimates it would
cost $21.6 billion.
but with Cuba, I had 84
percent, with the
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Cuban-American vote.
But overall generally, I
had well over 30
percent and everyone
was shocked to see this.
I understand the
Bibi is the nickname of Israeli Prime
Minister Benjamin Netanyahu. Only
one-tenth (33 miles) of the Israeli
barrier with Palestinian territories is a
25-foot-tall concrete wall. The other
90 percent is a six-foot-high electronic
fence.
community and they
understand me, and I
have a great respect for
the Mexican people.
But I did not want
Trump had to inform Congress first on
his intention of negotiating any trade
deal, including NAFTA. The process
requires a 90-day consultation period.
Jared to meet with
Luis. I just wanted to
very simply – and with
a high level of precision
– we put on a border
tariff so that products
coming in from Mexico
to the United States
would be taxed at a rate
to be determined. But
you know, it could be 10
percent or 15 percent or
it could be 35 percent
for some products that,
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for example, are jobs
ripped from their
foundation and moved
to Mexico. Most would
be in the 10 to 15
percent range. That
would make us very
even with Mexico and it
would make a lot of
sense. Now, Mexico
may in turn try to do
something like that to
us. Since we have such
a deficit, it gives us the
advantage. In addition,
I was going to very
strongly say this to
Mexico and other
countries – that
everything is reciprocal.
So if Mexico adds a tax,
we will add a tax.
We have a country that
has been led by people
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who have no business
understanding. We are
living off the success of
the past – off the fat of
the past – and we
cannot continue to do
this. So anything
another country
imposes on us, we
would automatically
impose a tax on them,
so it would not be very
wise for them to do the
taxing. So I did not
want to have the
meeting, I just wanted
to go along with the
very reasonable tax
plan we were drawing
up for Mexico, and that
is honestly where I am
right now. When I
heard about the
meeting, I was happy
about it, beyond the
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fact that I hoped we
would remain friendly
with you. I was not at
all disappointed in the
meeting, because
Mexico, honestly,
through smarter
leadership, more
cunning leadership —
and you are in that
category very much so
– the very smart
leadership in Mexico
has taken advantage of
the United States. The
In May, the administration negotiated
a deal with China softening trade
barriers on beef, poultry and natural
gas, among other industries. More
recently, the administration has been
threatening to investigate Chinese
trade practices.
people of the United
States know this. In
Ohio, they are having
rallies for Trump right
now because Trump
has taken a hard stance
on Mexico. We lost a
lot of factories in Ohio
and Michigan and I
won these states –
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some of these states
have not been won in
38 years by a
Republican and I won
them very easily. So
they are dancing in the
streets. You probably
have the same thing
where they are dancing
in your streets also, but
in reverse. I just want
to put a border tax on,
relax, and then we do
not have to have
meetings. That being
said, if you want to have
meetings and you
continue to have
meetings, I am willing
to wait. Jared feels so
Trump hosted British Prime Minister
Theresa May at the White House on
the same day as his conversation with
Peña Nieto.
strongly that you and
he will be able to work
out a deal – meeting
with Luis and his team
– but I am very happy
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to not to have any more
meetings and just put a
border tax on, like
everybody else does.
Right now, every nation
in the world is charging
us what we are not
The president of Mexico is limited to a
single term in office for six years. Peña
Nieto's approval rating is lower than
Trump's.
putting on anyone. We
have been led by people
who really hurt our
country. We will not let
it go on anymore. With
that being said, if you
guys want to continue
the talks or if you do
not want to continue
the talks, it is okay, but
I would only like to
know your thinking on
it because I am willing
to go either way.
Yes, Mr. President. The
PEÑA NIETO
proposal that you are
making is completely
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new , vis-à-vis the
conversations our two
teams have been
having. But I have
gathered this from the
position that you have
taken in terms of trade.
I think we have the
route to continue
having balanced trade
between both nations.
And frankly, to tell you
the truth Mr. President,
I feel quite surprised
about this new proposal
that you are making
because it is different
from the discussion
that both of our teams
have been holding —
Enrique, if I can
TRUMP
interrupt – this is not a
new proposal. This is
what I have been saying
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for a year and a half on
the campaign trail. I
have been telling this to
every group of 50,000
people or 25,000
people – because no
one got people in their
rallies as big as I did.
But I have been saying I
wanted to tax people
that treated us unfairly
at the border, and
Mexico is treating us
unfairly. Now, this is
different from what
Luis and Jared have
been talking about. But
this was not a new
proposal – this is the
old proposal. This was
the proposal I wanted.
But they say they can
come up with some
other idea, and that is
fine if they want to try it
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out. But I got elected on
this proposal – this won
me the election, along
with military and
healthcare. So this is
not a new proposal this
is been here for a year
and half.
Yes, I do understand
PEÑA NIETO
what you are saying,
Mr. President. On this
public proposal, I
understand it is not
new but what I am
getting at is that it is
new in terms of the type
of dialogue we have
been having. I would
insist very specifically,
Mr. President, for us to
find a route towards the
dialogue to find a
balance in our trade. I
think that what you
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have said has
weaknesses, as you
said, regarding the lack
of modernization. I
think we can continue
working towards
building the
construction of a new
framework to continue
our trade relationship
among the three
countries that are part
of NAFTA.
Well, Canada is no
TRUMP
problem – do not worry
about Canada, do not
even think about them.
That is a separate thing
and they are fine and
we have had a very fair
relationship with
Canada. It has been
much more balanced
and much more fair . So
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we do not have to worry
about Canada, we do
not even think about
them.
I am saying this
PEÑA NIETO
because it is an asset to
have the three partners
of NAFTA. Mr.
President, let us talk
about the MexicoUnited States
relationship. We can
still build a very fair
agreement so that we
can increase and
strengthen
competitiveness
between our two
nations. Let me be
precise, Mr. President –
I appreciate the attitude
of friendship that you
have towards me and
towards Mexico. And I
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am not at all trying to
take advantage based
on this friendship. I am
sure we can have the
dialogue and the
agreement that is the
best route to build a
more robust and fairer
agreement between
both nations.
I would appeal to you,
Mr. President, for us to
allow room to look for a
new solution between
our two countries. Let
me be very specific on
one matter – any issue
that alters the economic
situation in Mexico, I
think, it also constitutes
a potential risk for the
United States,
especially in terms of
migration issues , Mr.
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President. Let me tell
you that the best virtual
wall that I think we can
build between our two
countries is to make
sure that both countries
have economic
development. And it is
exactly on this issue
that we have been
talking about a more
fair trade relationship
between our two
countries, so we can
build this type of
framework for that
relationship. I leave this
for your consideration,
Mr. President. The will
of my government is
not to have points of
difference with you, but
rather points of
agreement and for the
good relationship
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between our two
nations to be translated
into economic trade
migration and security
benefits for both of our
countries, our societies,
and our
administrations. And
this is for your
consideration,
President Trump, if you
truly think we can stay
on this path and I
believe this is more
promising for our
nations.
Okay, well thank you
TRUMP
very much, Enrique. I
just wanted to mention
that when you talk
about people coming
across the border –
because times will be
tough and times will be
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good – that when times
are tough, that is why
we have a wall, because
we do not want people
to come across the
border. We do not want
them coming across.
We have enough people
coming across, we want
to stop it cold. General
Kelly is one of the most
respected generals in
the entire military
system and he is a very
fair man, but he is a
very tough man. And
we have the drug lords
in Mexico that are
knocking the hell out of
our country. They are
sending drugs to
Chicago, Los Angeles,
and to New York. Up in
New Hampshire – I
won New Hampshire
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because New
Hampshire is a druginfested den – is
coming from the
southern border. So we
have a lot of problems
with Mexico farther
than the economic
problem. We are
becoming a drugaddicted nation and
most the drugs are
coming from Mexico or
certainly from the
southern border. But I
will say this – you have
that problem too. You
have some pretty tough
hombres in Mexico that
you may need help
with, and we are willing
to help you with that
big-league. But they
have to be knocked out
and you have not done
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a good job of knocking
them out . We have a
massive drug problem
where kids are
becoming addicted to
drugs because drugs are
being sold for less
money than candy
because there is so
much of it. So we have
to work together to
knock that out. And I
know this is a tough
group of people, and
maybe your military is
afraid of them, but our
military is not afraid of
them, and we will help
you with that 100
percent because it is out
of control – totally out
of control.
Now getting back to the
taxes for second, I have
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been given as President
tremendous taxation
powers for trade and
for other reasons – far
greater than anybody
understands. The
powers of taxation are
tremendous for the
President of the United
States and if you study
that you will see what I
mean. That is why I did
not want to have the
meeting, I just wanted
to tax the border. With
all that being said, I
would love if you want
to reinstitute the
meetings between Luis
and a staff that I will
assemble in the United
States. Our Secretary of
Commerce, Mr. Ross,
will be approved very
soon and we have a
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great team of people –
Gary Cohen and lots of
others – we have lots of
great talent . And talent
that wants things to
happen. They are
dealmakers, they are
not obstructionist. We
have some of them, but
so do you of course.
With that being said, if
you would like to try
and work a deal, that is
okay. But if we cannot
work a deal, I want to
tell you we are going to
put a very substantial
tax on the border
coming into the United
States because,
honestly, we will not
want your products
unless your products
are going to be taxed. I
do not want the
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products and lesser tax.
And what that will
mean is factories and
plants will start to be
built in the United
States because the taxes
will be too high in
Mexico. I do not want
to do that if we can
work out a deal, so
Jared Kushner and Luis
can have the teams
work out the deal. The
only thing I will ask you
though is on the wall,
you and I both have a
political problem. My
people stand up and
say, “Mexico will pay
for the wall” and your
people probably say
something in a similar
but slightly different
language. But the fact
is we are both in a little
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bit of a political bind
because I have to have
Mexico pay for the wall
– I have to. I have been
talking about it for a
two year period, and
the reason I say they
are going to pay for the
wall is because Mexico
has made a fortune out
of the stupidity of U.S.
trade representatives.
They are beating us at
trade and they are
beating us at the
border, and they are
killing us with drugs.
Now I know you are not
involved with that, but
regardless of who is
making all the money,
billions and billions and
billions – some people
say more – is being
made on drug
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trafficking that is
coming through
Mexico. Some people
say that the business of
drug trafficking is
bigger than the
business of taking our
factory jobs. So what I
would like to
recommend is – if we
are going to have
continued dialogue –
we will work out the
wall. They are going to
say, “who is going to
pay for the wall, Mr.
President?” to both of
us, and we should both
say, “we will work it
out.” It will work out in
the formula somehow.
As opposed to you
saying, “we will not
pay” and me saying,
“we will not pay.”
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Because you and I are
both at a point now
where we are both
saying we are not to pay
for the wall. From a
political standpoint,
that is what we will say.
We cannot say that
anymore because if you
are going to say that
Mexico is not going to
pay for the wall, then I
do not want to meet
with you guys anymore
because I cannot live
with that. I am willing
to say that we will work
it out, but that means it
will come out in the
wash and that is okay.
But you cannot say
anymore that the
United States is going
to pay for the wall. I am
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just going to say that we
are working it out.
Believe it or not, this is
the least important
thing that we are
talking about, but
politically this might be
the most important talk
about. But in terms of
dollars – or pesos – it is
the least important
thing. I know how to
build very
inexpensively, so it will
be much lower than
these numbers I am
being presented with ,
and it will be a better
wall and it will look
nice. And it will do the
job.
You know, you look at
Israel – Israel has a
wall and everyone said
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do not build a wall,
walls do not work —
99.9 percent of people
trying to come across
that wall cannot get
across and more. Bibi
Netanyahu told me the
wall works . We have
also hired at least
15,000 more men and
women on the border –
patrolling the border
very carefully. We just
cannot play the game of
stupidity anymore. I
would love to continue
talking. When Jared
said, “the deal is off,” I
was glad. Jared has a
great feeling for the
plan, though I know it
would be politically
much more popular in
Mexico and, I think, it
will be much less
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popular for me, to be
honest. I think the most
popular thing for me
would just to put a
tariff on the border. But
I am willing to see if
they can finish up a
plan. From what I hear,
they have great
discussions and it looks
good. I guess they have
to wait 90 days – there
might be a statutory
period or something
like that and that might
be too bad. But that is
okay, so we will get
Congress involved and
let them work through
the statutory period. If
you want to do that,
Enrique, I am good
with doing that. And I
want to reiterate, you
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and I will always be
friends do not worry.
In terms of security,
PEÑA NIETO
Mr. President, it is clear
that organized crime is
just as much our enemy
as it is the enemy of
your administration.
Enrique, you and I have
TRUMP
to knock it out – you
and I have to knock the
hell out of them. Listen,
I know how tough these
guys are – our military
will knock them out like
you never thought of,
we will work to help
you knock them out
because your country
does not want that.
Your citizens are being
killed all over the place,
your police officers are
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being shot in the head,
and your children are
being killed. And we
will knock them out.
I fully agree that we
PEÑA NIETO
should work together.
And let me tell you that
a lot of what is
happening in terms of
traffickers in Mexico is
being largely supported
by the illegal amounts
of money and weapons
coming from the United
States. And this has led
Mexico to fight against
criminal gangs with the
participation of the
military and the entire
army of Mexico. And
this has taken many
lives within the military
and all the elements
that are committed in
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this fight. But they are
criminal groups that
are well-armed,
especially with weapons
coming from the United
States illegally into
Mexico. I fully agree
that both governments
can work together to
knock out and to do
away fully with these
criminal gangs.
And on the other issue,
Mr. President, on trade
I think we are moving
forward in a very
positive fashion,
especially through the
dialogue both of our
teams are holding. You
have a very big mark on
our back, Mr.
President, regarding
who pays for the wall.
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This is what I suggest,
Mr. President – let us
stop talking about the
wall. I have recognized
the right of any
government to protect
its borders as it deems
necessary and
convenient. But my
position has been and
will continue to be very
firm saying that Mexico
cannot pay for that
wall.
But you cannot say that
TRUMP
to the press. The press
is going to go with that
and I cannot live with
that. You cannot say
that to the press
because I cannot
negotiate under those
circumstances.
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I understand you well,
PEÑA NIETO
Mr. President. I
understand this critical
point and I understand
the critical political
position that this
constitutes for your
country and for you,
Mr. President. Let us
look for a creative way
to jump over this
obstacle. It does not
mean that this is not an
important issue – this
is an important issue.
However, this is why we
should walk on the path
that we began, because
when we start talking
about the wall it
prevents us from
talking about other
important issues that
we must discuss. I
clearly understand
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what this issue
constitutes for you in
the United States. And
for Mexico, it is also an
issue that goes beyond
the economic situation
because this is an issue
related to the dignity of
Mexico and goes to the
national pride of my
country. Let us for now
stop talking about the
wall. Let us look for a
creative way to solve
this issue, for this to
serve both are your
government, my
government, and both
of our societies. Let us
leave this topic – let us
put it aside and let us
find a creative way of
looking into this issue.
And let us move
forward on other issues
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that I think are positive
for both of our
countries. That would
be my position, Mr.
President.
Okay, Enrique, that is
TRUMP
fine and I think it is
fair. I do not bring up
the wall but when the
press brings up the
wall, I will say, “let us
see how it is going – let
us see how it is working
out with Mexico.”
Because from an
economic issue, it is the
least important thing
we were talking about,
but psychologically, it
means something so let
us just say “we will
work it out.” And if you
want to do that, then
we will go back to the
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negotiation table with
Jared and Luis. And I
am sure they can work
something out that is
good for both nations,
and obviously that
would be a positive
thing. And I am sort of
in this bad position
because the deal that
they are making is not
nearly as good as the
deal I could impose
tomorrow – in fact this
afternoon. I do not have
to go back to Congress
or to the Senate. I do
not need the vote of
400 people. I have the
powers to do all of this,
and I came to the office
this morning and I met
with a group of people
– we had a plan to just
go into what I wanted
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to do for two years. But
I know what you are
saying, it is something
that is good for you. It
is very important for
you to understand this
– I want the best
solution also for
Mexico. I do not just
want a great solution
for the United States.
And what I am talking
about is not a good
solution for Mexico – it
is a great solution for
the United States,
which is a tariff on
everything coming into
our country. Now, that
is the best solution
economically for the
United States, but I feel
very strongly that it is
important that as our
neighbor, we have a
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strong relationship –
the stronger the better.
Now, the reason I do
like an agreement is I
want Mexico to be a
strong and happy
country. I think I can
do that. And we can get
close enough to have a
decent deal for the
United States but at the
same time have a good
deal for Mexico. So I
am okay with that. The
thing I need you to
understand is that right
now we have a $60
billion trade deficit.
That is unsustainable.
And do not feel lonely
because we are going to
be having talks with
China also . China is
beyond what is
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happened with that
whole thing, and you
will be very happy
because that will be
good for you – believe
me. We are going to
treat them fairly and we
want a good
relationship with
China. But with Mexico,
you are our neighbor
and I want to do what is
good for Mexico. That
is very important [to]
me. With that being
said, if you think it is
appropriate, I will let
Jared Kushner, Wilbur
Ross, and all the
different people that
are involved – Wilbur
will be confirmed as
Secretary of Commerce
any moment now – to
get with your team and
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they can knock
something out that will
be a fabulous
agreement. It will look
good for both of us. I
will say with you
representing Mexico
and me representing
the United States we
will have a good
agreement and we will
almost become the
fathers of our country –
almost not quite okay?
Please go away from
this conversation
understanding it is not
my first choice, but
what I want is to have a
good and strong
neighbor in Mexico.
And we have to
PEÑA NIETO
generate jobs, and we
have to be stronger and
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we have to be growing.
I share that position
with you.
It is you and I against
TRUMP
the world, Enrique, do
not forget.
The spirit of my
PEÑA NIETO
government, in the
position of my
administration, is for
things to go well for the
United States and for
things to go well for
your government,
because this is the only
way that we can
continue working
together, and that is
really my honest
position. Let us stop
talking about who pays
for the wall, talking
about the wall in
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general, because I think
there is a more creative
way we can start
looking for a solution.
And it is the way we can
remove the big block in
our path. And let us
now start talking about
creative ways on how
this wall is going to be
paid because I fully
understand that it is
your sovereign right to
talk about this, because
you are protecting your
southern border. But
this cannot be the
strongest thing in our
path that keeps us from
having a dialogue, and
keeps us from having
economic development.
That is very good, I
TRUMP
agree with you 100
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percent. Enrique, if you
want, I have the Prime
Minister of Great
Britain coming in in a
little while. If you want,
you can put out a
statement saying that
we had a great
conversation and our
teams are going to
continue to talk and
just say we will not
discuss the wall. We
will discuss other things
but we had a
conversation. Now,
there are some time
delays that are
imposed. I guess the
90-day period or a
similar timeframe. Let
me confirm with some
of my people here.
Well, Jared and Luis
know what the
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timelines are, so why
don’t they work out a
mutual statement? So,
Enrique, if it is okay
with you, Jared and
Luis will work out a
mutual statement that
we can put out
together.
Yes, Mr. President. I
PEÑA NIETO
fully agree with you on
Jared and Luis working
together on this.
Good. I want you to be
TRUMP
so popular that your
people will call for a
constitutional
amendment in Mexico
so that you can run
again for another six
years.
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You are very kind, Mr.
PEÑA NIETO
President. And really,
the only thing I am
interested in for both of
our nations to do well –
for your government,
for you, and for us to
truly have a
relationship with
friendship and a very
constructive
relationship, Mr.
Trump.
You know, we should
TRUMP
put that in the
statement. Your words
are so beautiful. Those
are beautiful words and
I do not think I can
speak that beautifully,
okay? It would be great
to put those words at
the end of the
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statement. Really nice
though.
We will do so, Mr.
PEÑA NIETO
President, and we will
let Jared and Luis
define the statement
with a positive and
constructive view that
we both have. I know
that we want to build a
friendship between
both of us and to work
for the betterment of
our societies. So, let us
move on that position
and let us look twice at
what is obstructing us
and move forward on a
path to build together.
Let us have Luis and
Jared work on a
statement. Thank you
for your time and your
views. I know this is a
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long conversation,
which I appreciate.
Well, it is my honor and
TRUMP
we will have a great
success. I will explain to
Jared everything and
they should talk soon. I
appreciate all of your
time, too, Enrique, and
I look forward to seeing
you soon. I feel
confident with those
two, plus their teams,
will get something done
that will be great for
both countries.
I am sure that will
PEÑA NIETO
happen, Mr. President.
Thank you so much. I
look forward also to see
you very soon. Thank
you.
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Thank you. Goodbye.
TRUMP
END OF CALL
Conversation with Australian Prime
Minister Turnbull
Turnbull, a member of Australia’s conservative Liberal Party, took over as
prime minister in 2015. During the phone call, Trump and Turnbull discuss
an Obama-era agreement in which the United States will vet and take
refugees who have been imprisoned after trying to enter Australia by boat.
Timeline
Friday
Jan. 20
Donald Trump is inaugurated.
Friday
Jan. 27
Call with Peña Nieto.
Trump hosts Britain’s Prime Minister Theresa May. Trump issues entry ban.
Saturday
Jan. 28
Call with Turnbull.
Trump also holds calls with Japan Prime Minister Shinzo Abe, French
President François Hollande, Russian President Vladimir Putin and German
Chancellor Angela Merkel.
The two-sentence readout of the conversation from the White House states
both leaders “emphasized the enduring strength and closeness of the
U.S.-Australia relationship,” but the full transcript below shows a heated
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24-minute conversation in which Trump vents about his accepting refugees
a day after he signed an entry ban.
Highlights
1. Trump tells Turnbull that accepting the refugees “will make us look
awfully bad.”
2. Turnbull tries to explain to Trump that the refugee deal is consistent
with the travel ban
3. Turnbull tells Trump that the deal is “really, really important” to
Australia.
4. Trump says the refugee deal is “going to kill me.”
5. Trump calls the agreement a “stupid deal” that will make him “look
terrible.”
6. Trump tells Turnbull “I have had it” and ends the call.
JANUARY 28, 2017 FROM 5:05 TO 5:29 P.M. EST.
Good evening.
TURNBULL
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Mr. Prime Minister,
TRUMP
how are you?
I am doing very well.
TURNBULL
And I guess our friend
TRUMP
Greg Norman , he is
Greg Norman is an Australian pro
golfer, formerly No. 1 in the world.
Norman, who is the president’s friend,
passed Trump’s cellphone number to
Turnbull.
doing very well?
He is a great mutual
TURNBULL
friend yes.
Well you say hello to
TRUMP
him. He is a very good
friend. By the way
thank you very much
for taking the call. I
really appreciate it. It is
really nice.
Thank you very much.
TURNBULL
Turnbull was a successful
businessman before becoming prime
minister. In 2015 his estimated net
worth was over $200 million.
Everything is going very
well. I want to
congratulate you and
One of Trump’s campaign promises
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Mike Pence on being
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was to develop a plan to defeat the
Islamic State in 30 days.
sworn in now. I have
spoken to you both now
as you know. I know we
are both looking to
make our relationship
which is very strong
and intimate, stronger
than ever – which I
believe we can do.
Good.
TRUMP
I believe you and I have
TURNBULL
similar backgrounds,
While a relatively small percentage of
Syrian Christian refugees have been
admitted to the United States, The
Post’s Fact Checker found that
Trump’s suggestion that they face
discrimination is false. Christians from
Iraq make up a disproportionate share
of the refugees from that country,
while Syrian Christians appear to
prefer to settle with relatives in
Lebanon.
unusual for politicians,
more businessman but
I look forward to
working together.
That is exactly right.
TRUMP
We do have similar
backgrounds and it
seems to be working in
this climate – it is a
While it’s accurate to say that a small
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crazy climate. Let me
tell you this, it is an evil
time but it is a complex
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percentage of Syrian Christian
refugees have been admitted to the
United States, The Post’s Fact
Checker found that the reason for this
disparity is unclear.
time because we do not
have uniforms standing
in front of us. Instead,
we have people in
disguise. It is brutal.
This ISIS thing – it is
Thousands of refugees trying to reach
Australia have been sent to camps on
Nauru and Manus, both remote Pacific
islands. Human rights groups consider
the conditions in the camps to be
inhumane. The detention center on
Manus Island is scheduled to be shut
down Oct. 31.
something we are going
to devote a lot of energy
to it. I think we are
going to be very
successful.
The call with Turnbull came the day
after Trump signed the first version of
the entry ban, an executive order that
blocked citizens from seven
predominantly Muslim countries from
entering the United States for 90 days.
Absolutely. We have, as
TURNBULL
you know, taken a very
strong line on national
security and border
protection here and
when I was speaking
with Jared Kushner just
the other day and one
The Mariel boatlift was an exodus of
hundreds of thousands of Cuban
refugees starting in 1980 under
President Jimmy Carter, who called
them Freedom Flotillas. Cuban leader
Fidel Castro let more than 2,500
criminals and mentally ill people leave
the country in an effort to embarrass
Carter.
of your immigration
advisors in the White
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House we reflected on
how our policies have
helped to inform your
approach. We are very
much of the same mind.
It is very interesting to
know how you
prioritize the minorities
in your Executive
Order. This is exactly
what we have done with
the program to bring in
12,000 Syrian refugees,
90% of which will be
Christians . It will be
quite deliberate and the
position I have taken –
I have been very open
about it – is that it is a
tragic fact of life that
when the situation in
the Middle East settles
down – the people that
are going to be most
unlikely to have a
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continuing home are
those Christian
minorities. We have
seen that in Iraq and so
from our point of view,
as a final destination
for refugees, that is why
we prioritize. It is not a
sectarian thing. It is
recognition of the
practical political
realities. We have a
similar perspective in
Australia bans entry to refugees who
arrive by boat. Opponents of the policy
consider it harsh and xenophobic,
while proponents claim that it is
necessary to deter smugglers and
dangerous boat crossings for
refugees.
that respect.
Do you know four years
TRUMP
ago Malcom, I was with
a man who does this for
a living. He was telling
me, before the
migration, that if you
were a Christian from
Syria, you had no
Hundreds of thousands of Syrian
refugees fled to Germany in the past
several years to escape the Syrian civil
war. German Chancellor Angela
Merkel boldly declared in 2015 that
Germany would welcome more than a
million migrants. The open-door policy,
though praised for helping to ease a
humanitarian crisis, strengthened farright parties that fanned fears of
threats to security and Germany’s
national identity.
chance of coming to the
United States. Zero.
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They were the ones
being persecuted. When
I say persecuted, I
mean their heads were
Facing scrutiny from human rights
groups, Turnbull defended Australia’s
strict border policy at a U.N. summit.
being chopped off. If
you were a Muslim we
have nothing against
Muslims, but if you
were a Muslim you
were not persecuted at
least to the extent – but
if you were a Muslim
from Syria that was the
number one place to get
into the United States
from. That was the
easiest thing. But if you
were a Christian from
Syria you have no
chance of getting into
the United States . I just
thought it was an
incredible statistic.
Totally true – and you
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have seen the same
thing. It is incredible.
Well, yes. Mr.
TURNBULL
President, can I return
to the issue of the
resettlement agreement
that we had with the
Obama administration
with respect to some
Trump held a marathon of phone calls
with foreign leaders during his first
eight days in office.
people on Nauru and
Manus Island . I have
written to you about
this and Mike Pence
and General Flynn
spoke with Julie Bishop
and my National
Security Advisor
yesterday. This is a very
big issue for us,
particularly
In addition to blocking visitation from
seven countries, Trump’s original
entry ban also suspended all refugee
programs for 120 days.
domestically, and I do
understand you are
inclined to a different
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point of view than the
Vice President.
Well, actually I just
TRUMP
called for a total ban on
Syria and from many
different countries from
where there is terror,
and extreme vetting for
everyone else – and
somebody told me
yesterday that close to
2,000 people are
coming who are really
probably troublesome.
And I am saying, boy
that will make us look
awfully bad. Here I am
calling for a ban where
I am not letting
anybody in and we take
2,000 people. Really it
looks like 2,000 people
that Australia does not
want and I do not
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blame you by the way,
but the United States
has become like a
dumping ground . You
know Malcom, anybody
that has a problem –
you remember the
Mariel boat lift , where
Castro let everyone out
Tamerlan Tsarnaev was born in
Russia, while Dzhokhar, the younger
brother, was born in Kyrgyzstan. The
family moved back to Russia when
both were children. Their family visited
the U.S. on tourist visas in 2002 and
claimed asylym.
of prison and Jimmy
Carter accepted them
with open arms. These
were brutal people.
Nobody said Castro was
stupid, but now what
are we talking about is
2,000 people that are
actually imprisoned
and that would actually
come into the United
States. I heard about
this – I have to say I
love Australia; I love
the people of Australia.
I have so many friends
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from Australia, but I
said – geez that is a big
ask, especially in light
of the fact that we are
so heavily in favor, not
in favor, but we have no
choice but to stop
things. We have to stop.
We have allowed so
many people into our
country that should not
be here. We have our
San Bernardino’s, we
have had the World
As part of the original agreement,
Australia agreed to accept more
refugees from Central America trying
to gain entry into the United States.
Trade Center come
down because of people
that should not have
been in our country,
and now we are
supposed to take 2,000.
It sends such a bad
signal. You have no
idea. It is such a bad
thing.
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Can you hear me out
TURNBULL
Mr. President?
Page 71 of 96
Australia’s population is made up of a
large number of recent immigrants. As
of 2017, only 51 percent of Australians
were born to two Australian-born
parents.
Yeah, go ahead.
TRUMP
Yes, the agreement,
TURNBULL
which the Vice
President just called the
Foreign Minister about
less than 24 hours ago
and said your
Administration would
be continuing, does not
require you to take
2,000 people. It does
The START Treaty is a nuclear
disarmament agreement between the
United States and Russia. The original
treaty was first proposed by former
President Ronald Reagan and was
signed in 1991. Its replacement, which
Trump is probably referring to, was
signed by Obama in 2010. The Iran
deal is also a nuclear disarmament
pact that Trump has often vowed to
dismantle.
not require you to take
any. It requires, in
return, for us to do a
number of things for
the United States – this
is a big deal, I think we
should respect deals.
Who made the deal?
TRUMP
Obama?
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Yes, but let me describe
TURNBULL
what it is. I think it is
quite consistent. I think
you can comply with it.
It is absolutely
consistent with your
Executive Order so
please just hear me out.
The obligation is for the
United States to look
and examine and take
up to and only if they so
choose – 1,250 to
2,000. Every individual
is subject to your
vetting. You can decide
to take them or to not
take them after vetting.
You can decide to take
1,000 or 100. It is
entirely up to you. The
obligation is to only go
through the process. So
that is the first thing.
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Secondly, the people —
none of these people
are from the conflict
zone. They are basically
economic refugees from
Iran, Pakistan, and
Afghanistan. That is the
vast bulk of them. They
have been under our
supervision for over
three years now and we
know exactly everything
about them.
Why haven’t you let
TRUMP
them out? Why have
you not let them into
your society?
Okay, I will explain
TURNBULL
why. It is not because
they are bad people. It
is because in order to
stop people smugglers,
we had to deprive them
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of the product. So we
said if you try to come
to Australia by boat,
even if we think you are
the best person in the
world, even if you are a
Noble [sic] Prize
winning genius, we will
not let you in . Because
the problem with the
people —
That is a good idea. We
TRUMP
should do that too. You
are worse than I am.
This is our experience.
TURNBULL
Because you do not
TRUMP
want to destroy your
country. Look at what
has happened in
Germany . Look at what
is happening in these
countries. These people
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are crazy to let this
happen. I spoke to
Merkel today, and
believe me, she wishes
she did not do it.
Germany is a mess
because of what
happened.
I agree with you, letting
TURNBULL
one million Syrians
walk into their country.
It was one of the big
factors in the Brexit
vote, frankly.
Well, there could be
TRUMP
two million people
coming in Germany.
Two million people.
Can you believe it? It
will never be the same.
I stood up at the UN in
TURNBULL
September and set up
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what our immigration
policy was. I said that
you cannot maintain
popular support for
immigration policy,
multiculturalism,
unless you can control
your borders. The
bottom line is that we
got here. I am asking
you as a very good
friend. This is a big
deal. It is really, really
important to us that we
maintain it. It does not
oblige you to take one
person that you do not
want. As I have said,
your homeland officials
have visited and they
have already
interviewed these
people. You can decide.
It is at your discretion.
So you have the
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wording in the
Executive Order that
enables the Secretary of
Homeland Security and
the Secretary of State to
admit people on a case
by case basis in order to
conform with an
existing agreement. I do
believe that you will
never find a better
friend to the United
States than Australia. I
say this to you sincerely
that it is in the mutual
interest of the United
States to say, “yes, we
can conform with that
deal – we are not
obliged to take anybody
we do not want, we will
go through extreme
vetting” and that way
you are seen to show
the respect that a
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trusted ally wants and
deserves. We will then
hold up our end of the
bargain by taking in our
country 31 [inaudible]
that you need to move
on from.
Malcom [sic], why is
TRUMP
this so important? I do
not understand. This is
going to kill me. I am
the world’s greatest
person that does not
want to let people into
the country. And now I
am agreeing to take
2,000 people and I
agree I can vet them,
but that puts me in a
bad position. It makes
me look so bad and I
have only been here a
week.
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With great respect, that
TURNBULL
is not right – It is not
2,000.
Well, it is close. I have
TRUMP
also heard like 5,000 as
well.
The given number in
TURNBULL
the agreement is 1,250
and it is entirely a
matter of your vetting. I
think that what you
could say is that the
Australian government
is consistent with the
principles set out in the
Executive Order.
No, I do not want say
TRUMP
that. I will just have to
say that unfortunately I
will have to live with
what was said by
Obama. I will say I hate
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it. Look, I spoke to
Putin, Merkel, Abe of
Japan, to France today ,
and this was my most
unpleasant call because
I will be honest with
you. I hate taking these
people. I guarantee you
they are bad. That is
why they are in prison
right now. They are not
going to be wonderful
people who go on to
work for the local milk
people.
I would not be so sure
TURNBULL
about that. They are
basically —
Well, maybe you should
TRUMP
let them out of prison. I
am doing this because
Obama made a bad
deal. I am not doing
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this because it fits into
my Executive Order. I
am taking 2,000 people
from Australia who are
in prison and the day
before I signed an
Executive Order saying
that we are not taking
anybody in . We are not
taking anybody in,
those days are over.
But can I say to you,
TURNBULL
there is nothing more
important in business
or politics than a deal is
a deal. Look, you and I
have a lot of mutual
friends.
Look, I do not know
TRUMP
how you got them to
sign a deal like this, but
that is how they lost the
election. They said I
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had no way to 270 and I
got 306. That is why
they lost the election,
because of stupid deals
like this. You have
brokered many a stupid
deal in business and I
respect you, but I
guarantee that you
broke many a stupid
deal. This is a stupid
deal. This deal will
make me look terrible.
Mr. President, I think
TURNBULL
this will make you look
like a man who stands
by the commitments of
the United States. It
shows that you are a
committed —
Okay, this shows me to
TRUMP
be a dope. I am not like
this but, if I have to do
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it, I will do it but I do
not like this at all. I will
be honest with you. Not
even a little bit. I think
it is ridiculous and
Obama should have
never signed it. The
only reason I will take
them is because I have
to honor a deal signed
by my predecessor and
it was a rotten deal. I
say that it was a stupid
deal like all the other
deals that this country
signed. You have to see
what I am doing. I am
unlocking deals that
were made by people,
these people were
incompetent. I am not
going to say that it fits
within the realm of my
Executive Order. We
are going to allow
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2,000 prisoners to
come into our country
and it is within the
realm of my Executive
Order? If that is the
case my Executive
Order does not mean
anything Malcom [sic].
I look like a dope. The
only way that I can do
this is to say that my
predecessor made a
deal and I have no
option then to honor
the deal. I hate having
to do it, but I am still
going to vet them very
closely. Suppose I vet
them closely and I do
not take any?
That is the point I have
TURNBULL
been trying to make.
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TRUMP
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How does that help
you?
Well, we assume that
TURNBULL
we will act in good
faith.
Does anybody know
TRUMP
who these people are?
Who are they? Where
do they come from? Are
they going to become
the Boston bomber in
five years? Or two
years? Who are these
people?
Let me explain. We
TURNBULL
know exactly who they
are. They have been on
Nauru or Manus for
over three years and the
only reason we cannot
let them into Australia
is because of our
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commitment to not
allow people to come by
boat. Otherwise we
would have let them in.
If they had arrived by
airplane and with a
tourist visa then they
would be here.
Malcom [sic], but they
TRUMP
are arrived on a boat?
Correct, we have
TURNBULL
stopped the boats.
Give them to the United
TRUMP
States. We are like a
dumping ground for the
rest of the world. I have
been here for a period
of time, I just want this
to stop. I look so foolish
doing this. It [sic] know
it is good for you but it
is bad for me. It is
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horrible for me. This is
what I am trying to
stop. I do not want to
have more San
Bernardino’s or World
Trade Centers. I could
name 30 others, but I
do not have enough
time.
These guys are not in
TURNBULL
that league. They are
economic refugees.
Okay, good. Can
TRUMP
Australia give me a
guarantee that if we
have any problems –
you know that is what
they said about the
Boston bombers. They
said they were
wonderful young men.
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They were Russians.
TURNBULL
They were not from any
of these countries.
They were from
TRUMP
wherever they were.
Please, if we can agree
TURNBULL
to stick to the deal, you
have complete
discretion in terms of a
security assessment.
The numbers are not
2,000 but 1,250 to
start. Basically, we are
taking people from the
previous administration
that they were very
keen on getting out of
the United States . We
will take more. We will
take anyone that you
want us to take. The
only people that we do
not take are people who
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come by boat. So we
would rather take a not
very attractive guy that
help you out then to
take a Noble [sic] Peace
Prize winner that comes
by boat. That is the
point.
What is the thing with
TRUMP
boats? Why do you
discriminate against
boats? No, I know, they
come from certain
regions. I get it.
No, let me explain why.
TURNBULL
The problem with the
boats it that you are
basically outsourcing
your immigration
program to people
smugglers and also you
get thousands of people
drowning at sea. So
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what we say is, we will
decide which people get
to come to Australia
who are refugees,
economic migrants,
businessmen, whatever.
We decide. That is our
decision. We are a
generous multicultural
immigration nation like
the United States but
the government
decides, the people’s
representatives decides.
So that is the point. I
am a highly
transactional
businessman like you
and I know the deal has
to work for both sides.
Now Obama thought
this deal worked for
him and he drove a
hard bargain with us –
that it was agreed with
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Obama more than a
year ago in the Oval
Office, long before the
election. The principles
of the deal were agreed
to.
I do not know what he
TRUMP
got out of it. We never
get anything out of it –
START Treaty , the Iran
deal. I do not know
where they find these
people to make these
stupid deals. I am going
to get killed on this
thing.
You will not.
TURNBULL
Yes, I will be seen as a
TRUMP
weak and ineffective
leader in my first week
by these people. This is
a killer.
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You can certainly say
TURNBULL
that it was not a deal
that you would have
done, but you are going
to stick with it.
I have no choice to say
TRUMP
that about it. Malcom
[sic], I am going to say
that I have no choice
but to honor my
predecessor’s deal. I
think it is a horrible
deal, a disgusting deal
that I would have never
made. It is an
embarrassment to the
United States of
America and you can
say it just the way I said
it. I will say it just that
way. As far as I am
concerned that is
enough Malcom [sic]. I
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have had it. I have been
making these calls all
day and this is the most
unpleasant call all day.
Putin was a pleasant
call. This is ridiculous .
Do you want to talk
TURNBULL
about Syria and DPRK?
[inaudible] this is crazy.
TRUMP
Thank you for your
TURNBULL
commitment. It is very
important to us.
It is important to you
TRUMP
and it is embarrassing
to me. It is an
embarrassment to me,
but at least I got you off
the hook. So you put
me back on the hook.
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You can count on me. I
TURNBULL
will be there again and
again.
I hope so. Okay, thank
TRUMP
you Malcolm.
Okay, thank you.
TURNBULL
END OF CALL
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CLARIFICATION (Aug. 3, 2017): A previous version of this graphic
referenced a report from the International Institute of Strategic Studies
stating Mexico had the second-highest murder rate among countries at
war. The institute has since retracted its study, and the reference to the
report has been removed.
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Source: Staff reports. Top photo of Donald Trump talking to Australian Prime Minister
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Exhibit 71
Assistant Attorney General
Washinx/on, D,C. 20530
December 15,2011
Mr. Bill Montgomery
County Attorney
Maricopa County
301 West Jefferson Street
Phoenix, AZ 85003
Re:
United States' Investigation of the Maricopa County Sheriffs Office
Dear Mr. Montgomery:
We write to report the findings of the Civil Rights Division's investigation into civil
rights violations by the Maricopa County Sheriffs Office ("MCSO"). Our initial inquiry began
in June 2008, and the investigation has focused on MCSO's compliance with the Violent Crime
Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"), and Title VI
of the Civil Rights Act of 1964,42 U.S.C. §§ 2000d to 2000d-7 and its implementing regulations
at 28 C.F.R. § 42.101 et seq. ("Title VI"). Section 14141 prohibits law enforcement agencies,
such as MCSO, from engaging in activities that amount to a pattern or practice of violating the
Constitution or laws of the United States. Title VI and its implementing regulations provide that
recipients of federal financial assistance, such as MCSO, may not discriminate on the basis of
race, color, or national origin. These laws give the United States the authority to file legal action
and obtain the necessary relief to ensure compliance with the Constitution and laws of the United
States.
We notified MCSO of our formal investigation in March 2009. I During our
investigation, aided by four leading police practice experts, one jail expert, and an expert on
statistical analysis, we reviewed tens of thousands of pages of documentary evidence; toured
MCSO'sjails; and interviewed over 400 individuals, including approximately 150 former and
current MCSO jail inmates, and more than 75 former and current MCSO personnel, including the
Sheriff, the Chief of Enforcement, the Chief of Patrol, the Administrative Investigative
Commander, the Sergeant heading MCSO's Criminal Employment Squad, and the Lieutenant
heading MCSO's Human Smuggling Unit.
lOur investigation was delayed when MeSO repeatedly refused to provide the United States with access to
pertinent material and personnel. After repeated attempts to resolve the dispute short of litigation, the United States
filed a lawsuit in September 2010 to secure MeSO's compliance with its legal obligations to provide information
pertinent to our investigation. The United States and Meso eventually resolved this lawsuit in June 2011 after
MeSO agreed to provide us with the information and access we had been seeking.
-2
Based upon our extensive investigation, we find reasonable cause to believe that MCSO
engages in a pattern or practice of unconstitutional policing. Specifically, we find that MCSO,
through the actions of its deputies, supervisory staff, and command staff, engages in racial
profiling of Latinos; unlawfully stops, detains, and arrests Latinos; and unlawfully retaliates
against individuals who complain about or criticize MCSO's policies or practices, all in violation
of Section 14141. MCSO's discriminatory police conduct additionally violates Title VI and its
implementing regulations.
We also find reasonable cause to believe that MCSO operates its jails in a manner that
discriminates against its limited English proficient ("LEP") Latino inmates. Specifically, we find
that MCSO, through the actions of its deputies, detention officers, supervisory staff, and
command staff, routinely punishes Latino LEP inmates for failing to understand commands
given in English and denies them critical services provided to the other inmates, all in violation
of Title VI and its implementing regulations.
The absence of clear policies and procedures to ensure effective and constitutional
policing, along with the deviations from widely accepted policing and correctional practices, and
the failure to implement meaningful oversight and accountability structures, have contributed to
a chronic culture of disregard for basic legal and constitutional obligations.
In addition to the formal findings noted above, we have identified three additional areas
of serious concern that, while not warranting a formal pattern or practice finding at this time,
require further investigation. First, our investigation revealed a number of troubling incidents
involving MCSO deputies using excessive force against Latinos. Second, we observed that
MCSO has implemented its immigration enforcement program in a way that has created a "wall
of distrust" between MCSO officers and Maricopa County's Latino residents-a wall of distrust
that has significantly compromised MCSO's ability to provide police protection to Maricopa
County's Latino residents? Third, we have expanded our investigation to encompass a review of
serious allegations that MCSO failed to investigate a large number of sex crimes.
Given the systemic nature ofMCSO's constitutional violations, effective resolution of
this matter will require the development of a comprehensive written agreement along with
federal judicial oversight. We prefer to resolve this matter without resort to further litigation,
although we will not hesitate to file suit, if necessary. We would like to immediately begin a
constructive dialogue about comprehensive and sustainable ways to remedy the identified
violations of the Constitution and federal law. Please let us know by close of business on
January 4,2012, ifMCSO is interested in having this dialogue. IfMCSO is not interested or if
we deem that MCSO is not engaged in good-faith efforts to achieve compliance by voluntary
means, we are prepared to file a civil action to compel compliance.
In the remainder of this letter, we highlight our factual and legal findings, broadly
describe our investigation ofMCSO's practices, provide an outline of our factual findings in
sufficient detail to give you fair notice of the violations committed, briefly discuss how those
During one of our interviews, an MeSO deputy used the term "wall of distrust" to describe the adverse effect of
MeSO's immigration law enforcement policies on the relationship between Meso and the Latino community.
2
-3
factual findings relate to MCSO's violations of federal law, and outline the remedial measures
MCSO must undertake to comply with the law.
SUMMARY OF FINDINGS
Discriminatory Policing
Our factual findings relating to MCSO's discriminatory police practices include, but are not
limited to, the following:
• Based upon a recent statistical study, commissioned by the Department of Justice
("Department"), of MCSO traffic stop activities on Maricopa County roadways,
Latino drivers are four to nine times more likely to be stopped than similarly situated
non-Latino drivers.
• Our review (which was conducted with the assistance of our expert law enforcement
consultants) of all of the traffic-related incident reports generated by MCSO's Human
Smuggling Unit ("HSU") over a three-year period showed that roughly one-fifth of
the reports, almost all of which involved Latino drivers, contained information
indicating that the stops were conducted in violation of the Fourth Amendment's
prohibition against unreasonable seizures.
• Individual accounts regarding MCSO deputies stopping Latinos on the basis of their
appearance corroborate the use of discriminatory policing practices.
• Our investigation uncovered a number of instances in which immigration-related
crime suppression activities were initiated in the community after MCSO received
complaints that described no criminal activity, put rather referred, for instance, to
individuals with "dark skin" congregating in one area, or individuals speaking
Spanish at a local business. The use of these types of bias-infected indicators as a
basis for conducting enforcement activity contributes to the high number of stops and
detentions lacking in legal justification.
Discriminatory Jail Practices
With respect to MCSO's jail practices, MCSO sent us a 53-page letter acknowledging its
obligations to treat inmates who are limited English proficient ("LEP inmates") in accordance
with its obligations under federal law and provided examples of how it allegedly complies with
those obligations. However, our investigation uncovered the following:
• MCSO detention officers discriminatorily punish Latino LEP inmates who fail to
understand commands given in English by, for example, locking down their pods
(which increases the risk of inmate-on-inmate violence), or imposing disciplinary
segregation (solitary confinement).
• MCSO detention officers refuse to accept forms completed by Latino LEP inmates in
Spanish. Such forms include tank orders, which enable inmates to request basic daily
services, and grievance forms, which enable inmates to identify and address alleged
-4
mistreatment. Even in instances when Spanish language requests are accepted,
Latino LEP inmates face delays in services for not submitting requests and grievance
forms in English.
• MCSO pressures Latino LEP inmates to sign voluntary return forms that implicate
constitutional and statutory rights without language assistance.
• Latino LEP inmates are limited in their ability to access important services, such as
services enabling early release, and are denied access to basic information about
programs and services, since most announcements are made in English only.
Findings Pertaining to Both Police and Jail Practices
• MCSO retaliates against individuals who criticize its police practices, including
practices relating to its discriminatory treatment of Latinos, by subjecting its critics to
retaliatory detentions and arrests without cause, unfounded civil lawsuits, and other
baseless complaints.
• MCSO fosters and perpetuates discriminatory police and jail practices by failing to
operate in accordance with basic policing and correctional practices and by failing to
develop and implement policing and correctional safeguards against discrimination in
such areas as training, supervision, and accountability systems.
• The pervasive nature ofMCSO's discriminatory treatment of Latinos reflects a
general culture of bias within MCSO.
Legal Findings Under Section 14141 & Title VI and its Implementing Regulations
The evidence uncovered during our investigation supports the following legal
conclusions/determinations:
• MCSO discriminates against Latinos by engaging in police practices that violate the
Equal Protection Clause of the Fourteenth Amendment to the United States
Constitution, Section 14141, Title VI, and the Department's Title VI implementing
regulations.
• MCSO discriminates against its Latino LEP inmates onthe basis of their national
origin in violation of Title VI and the Department's Title VI implementing
regulations.
• MCSO engages in a pattern or practice of unlawful seizures, including unjustified
stops, detentions, and arrests, of Latinos in violation of the Fourth Amendment to the
United States Constitution and Section 14141.
•
MCSO engages in a pattern or practice of retaliatory actions against individuals who
complain about MCSO's conduct or criticize MCSO's operations and policies,
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especially its immigration-related policies, in violation of the First Amendment to the
United States Constitution and Section 14141.
INVESTIGATIVE BACKGROUND
In June 2008, after considering publicly available information, the Civil Rights Division
opened a preliminary inquiry into allegations that MCSO was engaged in a pattern or practice of
unlawful conduct. The inquiry was unrelated to a previous investigation of Maricopa County
jails concerning the excessive use of force against inmates and MCSO's deliberate indifference
towards their medical needs. 3 On March 10,2009, we notified MCSO and Sheriff Joseph Arpaio
that we were investigating allegations of discriminatory police practices, unlawful search and
seizures, and discriminatory treatment' of Latino LEP inmates. Shortly thereafter, MCSO refused
to provide the Department with access to pertinent documents, facilities, and personnel. For over
eighteen months, MCSO consistently refused to cooperate with our investigation. As a result,
we had to assert our right to access pertinent sources of information. On September 2, 2010, the
United States filed suit against MCSO under Title VI, its implementing regulations, and the
contractual assurances MCSO had entered into with the United States, all of which require
MCSO, as a recipient of federal financial assistance, to cooperate with investigations relating to
Title VI compliance. During this period, we continued our investigation without the cooperation
of MCSO, gathering and reviewing documents from various sources external to MCSO and
interviewing numerous Maricopa County residents who provided accounts of being victims of
MCSO's discriminatory police practices.
After we filed our Title VI lawsuit, MCSO reversed course, and provided us with the
cooperation we had been seeking. MCSO permitted the Department's attorneys and experts to
interview Sheriff Arpaio; conduct dozens of interviews, including interviews of command staff,
deputies, detention officers, first-line supervisors, and jail inmates. MCSO also allowed tours of
its six facilities and responded to our original document requests. Moreover, under the terms of a
court-enforceable agreement entered into on June 2, 2011, MCSO committed itself to providing
the Department with any remaining access the Department needed in order to complete its
investigation.
Our findings are based on the information we received prior to and as a result of our
Title VI suit and subsequent agreement, including reviewing official documents and interviewing
numerous MCSO officials and Maricopa County residents. In addition, our findings incorporate
the analysis of experts, including four current and former police executives with extensive
knowledge of policing standards and practices, a correctional expert with substantial experience
as a correctional administrator and a jail and prison auditor, and a statistician with extensive
experience reviewing police practices.
In August 1995, the Civil Rights Division initiated an investigation to determine whether conditions at MCSO jails
violated inmates' constitutional rights, pursuant to the Civil Rights ofInstitutionalized Persons Act, 42 U.S.c.
§ 1997 et seq. We concluded that unconstitutional conditions existed at the jails with respect to (1) the use of
excessive force against inmates and (2) deliberate indifference to inmates' serious medical needs. An agreement
between the United States and MCSO was reached in October 1997.
3
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FACTUAL FINDINGS
We find that MCSO deputies, detention officers, supervisory staff, and command staff,
including Sheriff Arpaio, have engaged in a widespread pattern or practice of law enforcement
and jail activities that discriminate against Latinos. This discrimination flows directly from a
culture of bias and institutional deficiencies that result in the discriminatory treatment of Latinos.
A.
Discriminatory Police Practices
Both the Constitution and Title VI prohibit intentional discrimination on the basis of race,
color, or national origin. In addition, Title VI's implementing regulations ban recipients of
federal funds from engaging in activities that have a discriminatory effect on the basis of race,
color, or national origin.
It is MCSO's prerogative to establish enforcement priorities. At the same time, in the
course of implementing its enforcement priorities, MCSO must comply with the Constitution and
laws of the United States. Since roughly 2007, in the course of establishing its immigration
enforcement program, MCSO has implemented practices that treat Latinos as if they are all
undocumented, regardless of whether a legitimate factual basis exists to suspect that a person is
undocumented. By emphasizing its immigration enforcement efforts without following basic
policing protocols and without implementing any meaningful safeguards against discriminatory
police practices, MCSO has engaged in a series of practices that have adversely and
disproportionately impacted Latinos. While MCSO has undergone some recent changes in its
command staff, these problems have continued, and we have observed no substantive changes in
MCSO's policies, protocols, or policing practices.
First, MCSO deputies target Latino drivers. A statistical analysis ofMCSO's traffic
stops made since the initiation ofMCSO's immigration enforcement program-which is
dominated by the use of pretextual stops-shows that MCSO's enforcement practices have a
discriminatory impact on Latino drivers. We had a leading expert on measuring racial profiling
through statistical analysis examine MCSO traffic stops. The expert found that Latino drivers
were between four to nine times more likely to be stopped than similarly situated non-Latino
drivers. Overall, the expert concluded that this case involves the most egregious racial profiling
in the United States that he has ever personally seen in the course of his work, observed in
litigation, or reviewed in professional literature.
Second, MCSO's HSU, which purportedly focuses on interdicting both human smugglers
and their victims, engages in unlawful conduct in its attempts to enforce immigration-related
laws. HSU deputies stop, detain, and/or arrest Latino drivers without adequate cause. When we
reviewed all of the traffic-related incident reports generated by HSU from March 2006 to March
2009, we found that roughly 20% of the reports contained information indicating that the stops,
almost all of which involved Latino drivers, were conducted without reasonable suspicion or
probable cause. Further, HSU's enforcement actions rarely result in human smuggling arrests.
During our interviews, an HSU deputy stressed that his unit conducts a "ton of stops" and he
estimated the "hit rate" (success rate as measured by frequency of smuggling arrests) to be at
10% to 15%. Accordingly, 85% to 90% of the vehicles HSU stops purportedly based on
suspicion of immigration violations have, at most, committed a traffic violation. Pretextual stops
-7
motivated by racial bias, or that are the result of a policy targeting a protected group, are
impermissible. The typical characteristic ofHSU's enforcement efforts is, therefore, the
targeting and harassment of Latino drivers rather than the effective enforcement of immigration
law, an element ofMCSO's overall pattern of discrimination against Latinos in Maricopa
County.
Third, witness accounts are consistent with the data: MCSO's immigration enforcement
practices are unconstitutional and are harming innocent Latinos. Below are just two of the many
examples we discovered during our investigation:
• AA, a legal resident of the United States who is Latino, was pulled over by an
MCSO deputy in June 2008, during a crime suppression operation in Mesa, due to an
alleged failure to use his turn-signal. The deputy requested that AA provide a driver
license and other documents. AA did not produce a driver license, but did provide
the deputy with an Arizona identification card, a valid work visa, a Social Security
card, and a Mexican passport. Without any evidence that AA had engaged in
criminal activity, the deputy instructed him to sit on the curb of the street for 15
minutes. The deputy then placed AA under arrest for failing to provide any type of
proper identification, even though AA had provided him with multiple documents in
satisfaction of the Arizona law regarding unlicensed drivers. AA was incarcerated
for 13 days before his citation was dismissed.
• B.B., a legal resident of the United States, and his 12 year-old son, a U.S. citizen, are
both Latino. In May 2009, a group ofMCSO deputies conducted a raid of a house
neighboring B.B.' s home that the deputies suspected of being a "drop house" for
human smuggling. At some point during the raid, two of the MCSO deputies
involved entered AA's home after obtaining consent to enter. Without obtaining
consent to search, the deputies searched the home without a warrant. Although they
found no evidence of criminal activity in the house, the MCSO deputies proceeded to
handcuff both B.B. and his son with plastic zip-ties and remove them from their
'
home. The deputies directed both to sit on the sidewalk next to approximately ten
other individuals who had been removed from the neighboring house. MCSO
released B.B. and his son without any citation after detaining them with restraints for
more than an hour.
Fourth, we find that MCSO's regular and highly publicized "crime suppression"
operations adversely impact Latinos. During these operations, which often use vast numbers of
personnel for many hours and which one MCSO lieutenant referred to as "round-ups of illegal
aliens," deputies are encouraged to make high-volume pretextual traffic stops in targeted
locations. We have identified and interviewed Latinos who, though legally present in the United
States, were arrested or detained without cause as a consequence of these operations.
Fifth, MCSO's Criminal Employment Squad ("CES") deputies, tasked with interdicting
undocumented persons by enforcing state forgery and identity theft statutes, routinely raid
businesses in a manner that harms innocent Latino workers. Specifically, CES's deputies
typically detain and investigate the immigration status of all employees at a raided worksite,
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whether or not the employees are listed in the warrant authorizing the raid. The CES targets
worksites where most, if not all, of the employees are Latino.
Sixth, MCSO makes use of unverified tips and/or constituent complaints about the
presence of Latinos that are infected with bias against Latino persons, but contain no credible
information concerning criminal activity or immigration violations, in selecting sites for
immigration enforcement operations. This practice too has had a disparate and adverse impact
on Maricopa County's Latino residents. For example:
• Sheriff Arpaio received a letter in August 2008 expressing dismay that the employees
of a Sun City McDonald's did not speak English and suggesting that Sheriff Arpaio
should "check this out" and "check out Sun City." Because the letter only alleged
that a business had Spanish-speaking employees, the only basis it provided for a
police response was the biased assumption that speaking Spanish was indicative of
undocumented status. Though the letter did not describe unlawful conduct of any
kind, Sheriff Arpaio wrote a note on the letter directing a response thanking the writer
"for the info" and stating that he would "look into it." Sheriff Arpaio also forwarded
the letter to MCSO Enforcement Chief Brian Sands with the handwritten instruction
"for our operation." Two weeks later, MCSO conducted an immigration operation in
Sun City.
• Sheriff Arpaio also received a letter in May 2008 complaining that police had not
stopped day laborers in Mesa "in order to determine whether these day laborers are
here under legitimate circumstances" although the writer of the letter "believe[d] that
they were in the country illegally." Sheriff Arpaio marked the quoted sections ofthe
letter, believing them to be "intelligence," and forwarded the letter to Chief Sands.
Sheriff Arpaio later testified that being a day laborer is not a crime. Sheriff Arpaio
then received a similar letter later that month stating that Mesa needed "a sweep ...
terribly" and accusing specifically Latino members of MCSO and the Mesa Police
Department of negligence in pursuing "illegals." Sheriff Arpaio directed that a thank
you letter be written, noted that "I will be going into Mesa," and forwarded the letter
to Chief Sands. Chief Sands later testified that he assumed that the letter's author
correlated undocumented persons with "dark-complected people." Despite the bias
evident in both letters, MCSO conducted crime suppression operations in Mesa on
June 26-27, 2008, and on July 14,2008.
Seventh, we note that MCSO's prioritization of immigration enforcement may have
compromised its ability to secure the safety and security of Maricopa County residents. Since
MCSO shifted its focus toward combating illegal immigration, violent crime rates in the county
have increased significantly as compared to similarly situated jurisdictions. 4 From 2004 to the
4 Clint Bolick, Mission Unaccomplished: The Misplaced Priorities o/the Maricopa County Sheriff's Office, 229
Goldwater Institute Policy Report, Dec. 2, 2008, at 1 (citing FBI Uniform Crime Reporting Statistics); See also
Ryan Gabrielson & Paul Giblin, Reasonable Doubt, East Valley Tribune (July 9-13, 2008),
http://www.eastvalleytribune.com/specia.-reports/reasonable_doubt/;JacquesBilleaud.Critics: 'Tough' Sheriff
Botched Sex-Crime Cases, Associated Press (Dec. 4,2011), http://abcnews.go.com/US/wireStorylcritics-tough
sheriffbotched-sex-crime-cases (reporting that MCSO failed to adequately investigate approximately 70 in EI
-9
end of2007, reported violent crimes grew by over 69 percent, including a 166 percent increase in
homicides over the three-year period. 5 Since 2008, violent crime rates have remained at roughly
the same level in Maricopa County, while dropping by over 10 percent in similarly situated
jurisdictions. 6
B.
Discriminatory Language Access Jail Practices
The national origin discrimination prohibited by Title VI and its implementing
regulations includes practices and procedures that deny meaningful access to linguistic
minorities subject to the jurisdiction of a federally funded recipient. MCSO, through its
correctional officers, supervisory staff, and command staff, implements language access
practices that have a discriminatory impact on Latinos (who make up the vast majority of
MCSO's LEP inmates). In its June 2010 Position Statement, MCSO acknowledged the
importance of communicating with Spanish-speaking inmates in Spanish: "Because of the large
number of Spanish speaking inmates, the use of Spanish is not only important to everyday
communication, it is essential to the overall operation of the jails and the safety of the inmates
and officers." Nonetheless, MCSO's language access practices fall far short of what is required
and disproportionately harm Latinos in a number of ways.
First, our investigation revealed that officers have refused to accept forms completed by
LEP inmates in Spanish, including tank orders, which contain requests for the most basic daily
jail services, and grievance forms, which enable inmates to identify and address alleged
mistreatment. In one incident, an inmate reported that a detention officer told him: "This is
America. You have to fill [your tank order] out in English." Detention officers confirmed that
comments like these were made by fellow officers. In addition, four detention officers admitted
that they do not accept inmate requests written in Spanish. One detention officer recounted that
she returns tank orders submitted to her in Spanish and instructs the inmate to obtain an English
translation.
Second, Latino LEP inmates are told to sign important forms written in English without
the aid of appropriate language assistance. For example, witnesses report that MCSO officials
pressure Latino LEP inmates to sign English language voluntary return forms by yelling at them,
routinely failing to advise them of their rights, and confining them in uncomfortably cold cells
for extended periods of time. Although signing a voluntary return form may allow an individual
to avoid a formal order of removal-a type of expulsion from the United States that carries more
severe immigration consequences for the expelled individual-a person who signs a voluntary
return form has agreed, in effect, to leave the United States without attempting to (or working
with an attorney to attempt to) assert any rights he or she may have to stay.
Mirage and more than 400 countywide, respectively, sex-crimes-including dozens of child molestations-during a
three-year period ending in 2007).
5
Bolick, supra note 4, at 4.
6 FBI Uniform Crime RepOiting Statistics for MCSO, Mesa Police Department, and Phoenix Police Department,
http://www.ucrdatatool.gov/.
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Third, detention officers punish, directly and indirectly, Latino LEP inmates for their
inability to fully understand or fluently speak English. For instance, the inability of one Latino
LEP inmate to understand a command given in English can result in the confinement
("lockdown") of an entire house or pod. Lockdowns are sometimes in effect for as long as 72
hours. When a lockdown is ordered, inmates must return to their cells and are denied access to
the visitor area, canteen recreation area, television, non-legal telephone calls, and inmate
programs. Punishing other inmates for a Latino LEP inmate's inability to understand English
commands endangers the LEP inmate. A Latino LEP inmate's inability to understand a
detention officer's English language instructions also can result in the detention officer sending
the inmate into disciplinary segregation, commonly referred to as being sent to the "hole."
Inmates sent to the hole are confined 23 hours each day, and are denied non-legal telephone use,
regular visits, television, program participation (including church services), and access to the
canteen (except hygiene items). Such disciplinary actions are especially troubling when
considering that many Latino LEP inmates reported that they never received a copy of the
Inmate Rules and Regulations, or did not receive a copy in a language they could comprehend,
denying them a basic understanding ofjail policies.
Fourth, MCSO discriminates against Latino LEP inmates by failing to provide them with
equal access to a range of services, opportunities, and benefits available to other inmates. For
example:
• Detention officers have denied requests for new clothes or sheets when items are
soiled because the inmates made the request in Spanish. One Latino LEP inmate
attempted to use a fellow inmate as an interpreter to explain that her sheets were
soiled. The detention officer refused the request, insisting that the inmate had to
make the request herself in English.
• Latino LEP inmates are frequently denied access to basic information about programs
and services as most announcements are made in English only, including
announcements about recreation and the collection of grievances.
• Latino LEP inmates have been denied the opportunity to serve in trustee-type
positions whereby certain inmates assist with daily tasks in the jails, which adversely
impacts the LEP inmates because inmates selected to perform these chores typically
receive preferential treatment, such as additional food, a change of clothes, and
greater freedom of movement.
• Latino LEP inmates are denied access to important activities, including access to a
program that enables inmates to obtain early release by performing community
serVIce.
C.
Direct Evidence of Discriminatory Bias
We find a pervasive culture of discriminatory bias against Latinos at MCSO that reaches
the highest levels of the agency. Supervisors ofMCSO's police operations, including at least
one directly involved in supervising the HSU, have sent emails that demean and express derision
for Latinos to fellow command staff members, deputies, and posse volunteers, often using county
-11
email accounts. One email mocks individuals of Mexican national origin by including as an
attachment a faux driver license issued to an individual caricatured to be Mexican and designated
as originating from "Mexifornia," with a driver class of "illegal alien." Yet another email
contains two pictures purporting to illustrate the difference between "Indian Yoga" and
"Mexican Yoga," contrasting a picture of a man in a yoga pose and an apparently inebriated man
prone on the ground.
In MCSO's jails, detention officers direct racial slurs at Latino inmates. Detention
officers also insult or ignore Latino inmates when they attempt to communicate in Spanish. A
detention officer confirmed that officers on her shift frequently tell Latino LEP inmates to speak
in English. Other detention officers observed similar hostility: detention officers learn curse
words in Spanish, enabling them to swear at Latino inmates, and report hearing staff using slurs
when referring to Latino persons. Our investigation also found that MCSO detention officers
call Latinos "wetbacks," "Mexican bitches," "fucking Mexicans," and "stupid Mexicans" when
either talking among themselves or addressing Latino inmates.
Sheriff Arpaio's own actions have helped nurture MCSO's culture of bias. For example,
Sheriff Arpaio has frequently distributed racially charged constituent letters, annotating the
letters with handwritten notes that appear to endorse the content of the letter, circulating the
letters to others on the command staff, and/or saving the letters in his personal file. Many of
these letters contain no meaningful descriptions of criminal activity-just crude, ethnically
derogatory language about Latinos. For example, Sheriff Arpaio received a letter asking him to
do a "round-up" at 29th Street and Greenway in Phoenix. The letter justified the requested police
action by asserting that "[i]fyou have dark skin, then you have dark skin. Unfortunately, that is
the look of the Mexican illegals who are here illegally." Instead of ignoring the request to focus
on "dark-skin[ ned]" people, Sheriff Arpaio, believing that the letter was relevant "intelligence,"
passed it on to a member of his command staff with a note instructing him to "[h]ave someone
handle this." Labeling as "intelligence" a letter explicitly equating skin color with law-breaking
and instructing a subordinate to address it are striking examples of how Sheriff Arpaio has
promoted a culture of bias in his organization and clearly communicated to his officers that
biased policing would not only be tolerated, but encouraged.
D.
Departures from Policing and Correctional Standards and Procedures
MCSO has adopted and maintained deficient policies and procedures that depart from
policing and correctional standards and lead to violations of constitutional and federal rights.
We find that MCSO's oversight and accountability, training in non-biased policing, and policies
for deputy conduct substantially depart from generally accepted policing standards. MCSO's
practices are often most egregiously deficient where they directly relate to MCSO's immigration
enforcement program.
Contrary to standard policing practices throughout the country, MCSO supervisors have
made a variety of statements undervaluing the us'efulness of statistics and data collection for
effective law enforcement. MCSO does not require deputies on patrol to keep a log of their
activities, but instead requires them only to enter a highly limited amount of data into the
Computer Aided Dispatch system and to produce records only for their citations and arrests.
Consequently, whenever one of its deputies stops a motorist without issuing a citation, MCSO
-12
cannot review the basis for the stop, nor can it directly track the ethnicity of the stopped driver.
MCSO's decision to allow its deputies to go about their traffic work without having to report
many of their stops ensures that MCSO will be unable to properly monitor its deputies' traffic
work or identify officers engaged in racial profiling. In the jails, MCSO has no reliable practice
of documenting which inmates are LEP, leaving detention officers to guess at the language needs
of the inmates.
MCSO has failed to put in place meaningful oversight and accountability structures.
Such structures include systems for documenting deputy or detention officer activity and for
handling complaints. MCSO departs significantly from generally accepted policing standards in
its implementation of these systems. With respect to complaints, MCSO has a policy of routing
all misconduct complaints to the immediate supervisor of the deputy involved. The first-line
supervisor then has discretion to close the investigation without any further involvement from
the command structure or Internal Affairs and without further documenting the complaint in any
way. Consequently, MCSO does not track complaints directed at deputies or units within the
organization. Further, because deputy misconduct often reflects poorly on the actions or
inactions of the first-line supervisor, MCSO's system of relying on first-line supervisors places
the critical determination of whether to go forward with an investigation in the hands of someone
who has an inherent conflict of interest in having a matter thoroughly investigated.
The complaint process is also substandard in the jails. When inmates file grievances
against detention officers, it is common practice for the detention officer named in the complaint
to resolve the grievance by pressuring the inmate to sign a release, resulting in no further review
of the complained-of activity.
Contrary to standard law enforcement practices, MCSO neither offered nor required
training on how to avoid engaging in biased policing until as recently as 2010 (well over a year
after we notified MCSO of the commencement of our investigation into biased police practices).
While MCSO provided us with rosters showing that most of its deputies have now completed the
training, most of the deputies and supervisors we interviewed in January 2011, including those
routinely engaged in immigration enforcement policing, either stated that they had never
received the training or that they had little to no recollection of what the training was about.
Just as MCSO failed to provide training on how to avoid biased policing, MCSO's
training on how to work with LEP inmates has been inadequate. Although there is one reference
to language barriers in the MCSO Jail Diversity curriculum, the material is so scant that a
detention officer who completed the training just several months prior to his interview did not
recall any instruction on the subject. 7
In a July 28, 2011, submission to the Civil Rights Division, MCSO counsel provided a draft copy of a June 20 II
PowerPoint entitled "Limited English Proficiency" and an undated nine-page draft "Lesson Plan: Limited English
Proficiency." This revised curriculum fails to address many of the deficiencies in MCSO's language service
provisions identified in this letter, including, for example, the failure to instruct non-Spanish speaking detention
officers on how to make announcements in Spanish, translate inmate forms filled out in Spanish, and communicate
with inmates in housing units where the Language Line is unavailable.
7
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The most egregious deviations from policing norms relate to the way in which MCSO
operates the two units most directly involved in its immigration enforcement activities, HSU and
CES. Standard police procedures require MCSO to provide additional oversight over the
activities of these two units because of the sensitive nature of their work. But MCSO has
provided deputies in these units with little in the way of policy guidance, training, or oversight.
For example, HSU relies heavily on pretextual stops, but has no meaningful policies discussing
when pretextual stops are appropriate, their legality, or any other aspect of their conduct. As
such, MCSO has failed to appreciate the need to develop critical protocols to ensure compliance
with important constitutional and statutory requirements.
With regard to correctional standards, MCSO has failed to meet its LEP obligations under
Title VI, the regulations implementing Title VI, or the standards that MCSO set for itself to
satisfy these obligations. On June 14, 2010, over a year after we had informed MCSO of our
investigation into its treatment of Latino LEP inmates, MCSO issued a Position Statement in
which it represented to the United States that it had taken a number of measures to ensure
language access for its LEP inmates. However, when we toured MCSO's jail facilities in
January 2011, we discovered that the Statement was inconsistent with the actual state of affairs at
the jails. For example, contrary to the Statement's representations, detention officers refused to
accept written requests by inmates in Spanish, failed to use or rely upon a Foreign Language
Skills Roster, and continued to rely on inmates to provide other inmates with language
assistance. They also failed to use an available telephonic interpretation service or to request
bilingual colleagues to assist them in communicating with LEP inmates. We find that MCSO's
practice of relying on inmates to interpret or translate is dangerous for both inmates and
detention officers and is a departure from generally accepted correctional practices.
E.
Retaliatory Actions
We find that MCSO command staff and deputies have engaged in a pattern or practice of
retaliating against individuals for exercising their First Amendment right to free speech. Under
the direction of Sheriff Arpaio and other command staff, MCSO deputies have sought to silence
individuals who have publicly spoken out and participated in protected demonstrations against
the policies and practices of MCSO-often over its immigration policies. MCSO command staff
and deputies have arrested individuals without cause, filed meritless complaints against the
political adversaries of Sheriff Arpaio, and initiated unfounded civil lawsuits and investigations
against individuals critical of MCSO policies and practices.
• One of the victims ofMCSO's retaliatory practices is C.C., an organizer with an
immigration rights community organization who for several years has engaged in
public speech critical of MCSO' s practices and its treatment of Latinos. On July 29,
2010, C.C. participated in a peaceful protest against MCSO. During the course of the
protest, MCSO arrested him and charged him with failure to obey a police officer and
blocking a public thoroughfare. C.C. was released that night. On July 30, 2010, C.C.
stood across the street from the Lower Buckeye Jail watching another protest. A
video recording of the incident shows six or more MCSO deputies approaching and
then arresting C.c., who was simply standing with his hands by his side at the time.
Chief Sands stated that C.C. was arrested for violating his order of release. As the
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incident unfolded, Sheriff Arpaio posted a series of approving messages on a social
networking site.
C.c. was detained at the Fourth Avenue Jail, pending his initial court appearance, and
not allowed to speak to his attorney while there. MCSO deputies charged him with
obstructing a judicial proceeding, but on August 3, 2010, then-Maricopa County
Attorney Rick Romley dropped the charge, admitting that there was no probable
cause for the arrest.
MCSO deputies also retaliated against members of Maricopa Citizens for Safety and
Accountability ("MCSA"), an organization highly critical of what they called MCSO's
discriminatory treatment of Latinos. In December 2008, during two separate public meetings of
the County Board of Supervisors, MCSO deputies arrested members of MCSA when the MCSA
members attempted to express their opposition to certain MCSO actions. The individuals
arrested were all charged with criminal trespassing, and some were also charged with disorderly
conduct. None of the charges re~ulted in convictions, and those charged subsequently filed a
lawsuit against Maricopa County and MCSO for wrongful arrest, malicious prosecution, and
civil rights violations. On July 6,2010, the parties reached a mediated settlement.
Finally, MCSO officials have resorted to using official harassment to silence MCSO's
critics. Between October 2007 and November 2009, former Chief Deputy David Hendershott
filed, in his official capacity, unfounded complaints with the Arizona State Bar against five
attorneys, alleging that they had engaged in ethical violations. Each of the complaints was filed
against individuals who made public statements critical ofMCSO'sjail policies, investigatory
tactics, and/or police practices.
Similarly, on November 30,2009, Hendershott, acting in his official capacity, filed four
complaints with the Arizona Commission on Judicial Conduct against judges who had made
critical public comments about MCSO and Sheriff Arpaio or had rendered decisions detrimental
to MCSO's interests. All of these bar and judicial complaints were dismissed as insufficient to
warrant even an investigation.
In a related action, Sheriff Arpaio participated as a named plaintiff in a civil federal
racketeering suit filed against the same judges targeted by Hendershott, as well as a number of
other County officials. The claims against the judges echoed those claims in the complaints filed
by Hendershott. The suit was eventually abandoned.
The arrests and harassment undertaken by MCSO have been authorized at the highest
levels of the agency and constitute a pattern of retaliatory actions intended to silence MCSO's
critics.
F.
Additional Areas of Serious Concern
In addition to the violations of the Constitution and federal law described above, there are
three additional areas of serious concern where, at the moment, we do not make a formal pattern
or practice finding, but our review continues. These areas of concern are:
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• Use of excessive force against Latinos;
• Reduction of policing services to the Latino community; and
• Gender and/or national origin bias by failing to adequately investigate sex crimes.
These three issues are of concern standing alone and may also relate to our ultimate
findings concerning MCSO's discriminatory police practices. A deliberate failure to provide
policing services, or a deliberate indifference to public safety needs of certain communities,
implicates important constitutional protections and can compromise public safety and undermine
public confidence in MCSO. It does not matter for the purposes of the Constitution and federal
laws whether it is an act of commission or omission.
With regard to use of force, our investigation revealed multiple instances of MCSO
deputies using excessive force, a troubling trend made more problematic by MCSO's failure to
have in place meaningful systems of accountability and supervision. Such systems are also
crucial components in deterring and addressing the use of excessive force, and their absence is a
glaring flaw in MCSO's institutional practices relating to the use of force. MCSO's use of
excessive force may constitute a pattern or practice of Fourth Amendment violations under
Section 14141, and our investigation into this conduct is ongoing.
• In February 2009, D.D., a Latino U.S. citizen, was driving home when a trailing MCSO
deputy turned on his emergency lights to signal a traffic stop, allegedly for a failed brake
light on D.D.'s vehicle. The MCSO deputy did not activate his siren, and D.D. drove the
remaining short distance to his house because he feared how the MCSO deputy would
treat him because of his Latino ethnicity. When D.D. exited his car, the MCSO deputy
purposefully struck D.D. with his patrol car, pinning D.D. under the vehicle and dragging
him for more than ten feet. The MCSO deputy did not attempt to remove D.D., and
instructed other arriving deputies to "leave him there." D.D. was eventually extracted by
the local fire department. The deputy's actions caused serious injury, including broken
bones, burns, and other injuries. D.D. sued MCSO for his injuries; the lawsuit was
eventually settled for $600,000. The MCSO deputy claimed that the incident was an
accident arising from D.D. attempting to flee his vehicle. MCSO arrested the deputy, and
he was charged with aggravated assault.
• In May 2009, an MCSO deputy stopped E.E., a Latino U.S. citizen, after E.E. picked up a
Latino day laborer. The deputy told E.E. that he had pulled him over for speeding, but
E.B. suspected that he had been pulled over because of his and his passenger's Latino
ethnicity. E.B. questioned the deputy's reason for pulling him over. The deputy, along
with other MCSO deputies who had arrived on the scen~, responded by forcibly
removing B.B. from his vehicle, twisting his arm, head, and neck and causing E.E. to fall
and hit his face on the pavement. The MCSO deputies kept E.B. on the ground,
handcuffed him, and searched him. E.E. was bleeding from multiple lacerations to his
face, and experienced neck and back pain from the holds the MCSO deputies had used to
remove him from his vehicle. E.B. was ultimately taken to a medical facility where he
received treatment for injuries to his face, neck, shoulder, and back. E.B. was never
charged with any offense that might explain the officers' use of force. Instead, E.B. was
charged with criminal speeding and failure to produce identification. Both of these
charges were eventually dropped.
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We continue to investigate whether MCSO has implemented its immigration enforcement
program with deliberate indifference to the way in which the program compromises MCSO's
ability to provide effective policing services to Maricopa County's Latino population. There are
indicators that MCSO has undermined its own ability to engage in effective policing in the
Latino community. Much of a modern-day police agency's effectiveness is predicated on
building a relationship of trust with all segments of the community. MCSO has done almost
nothing to build such a relationship with Maricopa County's Latino residents. The absence of
trust has substantially compromised effective policing by limiting the willingness of witnesses
and victims to report crimes and speak to the police about criminal activity.
MCSO deputies we interviewed admitted that the immigration enforcement program,
which lacks basic accountability and quality control measures and is characterized by wide
ranging and poorly planned "crime suppression" operations, has adversely affected their ability
to obtain information and cooperation from the County's Latinos. One deputy informed us that
MCSO's "aggressive" immigration interdiction efforts create a "wall of distrust" that divides the
Latino community and MCSO. Another deputy was told by his supervisors to expect that he
would encounter hostility from people who believed they were being stopped because of their
ethnicity. A different MCSO deputy bemoaned the impact ofMCSO's immigration-related
operations, stressing that they "affect our ability to work in a community that hates you." The
Police Executive Research Forum, an independent, national organization made up of police
executives, interviewed a number of law enforcement officers in Maricopa County who believe
that MCSO has enforced immigration laws in a way that has poisoned the relationship between
law enforcement and Latinos, hindering general law enforcement efforts within the Latino
community.8 Our investigation further found no evidence that MCSO has acted to improve its
relationship with the Latino community, preferring instead to simply continue the practices that
have compromised its effectiveness in the Latino community.
Finally, we are continuing our review of allegations that MCSO has failed to investigate a
large number of sex crimes. 9 The Sheriffs office has acknowledged that 432 cases of sexual
assault and child molestation were not properly investigated over a three-year period ending in
2007. 10 These cases only came to light after a review by the EI Mirage Police Department of a
period in which MCSO was under contract to provide policing services to that community. It
appears that many of the victims may have been Latino. If established, this may constitute a
failure to provide police services in a manner that constitutes gender and/or national origin
discrimination in violation of the Equal Protection guarantee of the United States Constitution. 11
Our review will not be limited to the pre-2007 cases, but include any allegations that the practice
continued after that time.
Debra A. Hoffmaster, et al., Police and Immigration: How Chieft are leading their communities through the
challenges, Police Executive Research Forum 39 (2010).
8
9
Gabrielson, supra note 4; Billeaud, supra note 4.
10 SheriffJoe Arpaio apologizes/or botched El Mirage sex-crime cases, Associated Press, Dec. 5,2011,
http://www.azcentral.com/news/articles/20 11/12/05/20 111205arpaio-apologizes-botched-cases. html.
11 See Investigation of the New Orleans Police Depmtment, U.S. Department of Justice, Civil Rights Division.,
pp.43-49. March 16,2011, http://www.justice.gov/crt/about/spl/nopdphp.
-17
LEGAL DISCUSSION
A.
Discriminatory Policing
Section 14141, a provision of the Violent Crime Control and Law Enforcement Act
of 1994, grants the United States a cause of action to sue a state or local government for
equitable and declaratory relief when a "governmental authority ... engage[s] in a pattern or
practice of conduct by law enforcement officers ... that deprives persons of rights, privileges, or
immunities secured or protected by the Constitution or laws of the United States."
An agency such as MCSO violates the Equal Protection Clause when its decision-maker
adopts a facially neutral policy or practice with a discriminatory intent, and that policy or
practice has a discriminatory effect. Washington v. Davis, 426 U.S. 229, 239-40 (1976). While
discriminatory intent need not be the only motive, an Equal Protection violation occurs when the
circumstantial evidence shows that a policy at issue was adopted "because of, not merely in spite
of, its adverse effects upon an identifiable group." Personnel Adm 'r ofMass. v. Feeney, 442
U.S. 256, 279 (1979). To assess whether intentional discrimination infected the decision-making
process, courts look to the totality of the circumstances with particular attention to factors that
the SupreIl1 e Court has identified as most probative of discriminatory intent. Village ofArlington
Heights v. Metro. Hous. Redev. Corp., 429 U.S. 252 (1977). Those factors include: evidence of
discriminatory effect; evidence of departures from normal procedures; the specific sequence of
events that led to the discriminatory practices at issue; and contemporaneous statements from a
decision-maker that reveal a discriminatory intent. Id. at 266-68.
As described above, our investigation uncovered substantial evidence of the kind
identified by the Supreme Court in Arlington Heights, showing that Sheriff Arpaio has
intentionally decided to implement his immigration program in a manner that discriminates
against Latinos. Our evidence further shows that discrimination against Latino persons exists in
a wide range ofMCSO practices. We have obtained compelling statistical evidence showing
that MCSO deputies routinely stop Latinos at much higher rates than similarly situated non
Latinos on Maricopa County roadways. This evidence speaks directly to both the discriminatory
effects and discriminatory motives of MCSO deputies engaged in traffic enforcement. It is
difficult to conceive of any valid, non-discriminatory explanation for stopping Latino drivers at a
rate that is four to nine times higher than the rate for similarly situated non-Latino drivers. In
addition to this statistical evidence, other data and witness statements show that MCSO deputies,
particularly members of the HSU or the CES, frequently detain and/or arrest Latino drivers
without cause. Additionally, the evidence of a culture of bias at MCSO discussed above directly
relates to the impermissible motives behind the actions ofMCSO's deputies. For these and other
reasons, the evidence establishes that MCSO is engaged in a pattern or practice of Equal
Protection violations.
Discriminatory law enforcement activities are likewise prohibited by Title VI. Title VI
provides that "[n]o person in the United States shall, on the ground ofrace, color, or national
origin, be excluded from participating in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving [fJederal financial assistance." 42 U.S.C.
§ 2000d. In addition, Title VI's implementing regulations proscribe "criteria or methods of
administration" that exert a discriminatory effect on the basis of race, color, or national origin.
-18
28 C.F.R. § 42.1 04(b)(2). For the reasons detailed in the findings section above, the evidence
obtained to date establishes that MCSO has violated the aforementioned regulation.
B.
Unreasonable Seizures
We conclude that MCSO has engaged in a pattern or practice of conduct by its law
enforcement officers that has deprived many of Maricopa County's Latino residents of their
right, under the Constitution's Fourth Amendment, to be "secure in their persons, houses, papers,
and effects, against unreasonable ... seizures." u.s. Const. amend. IV. "The 'general Fourth
Amendment approach' requires courts to examine the totality of the circumstances to determine
whether a ... seizure is reasonable." United States v. Guzman-Padilla, 573 F.3d 865, 876 (9th
Cir. 2009) (quoting United States v. Knights, 534 U.S. 112,118 (2001)). To qualify as
"reasonable," arrests must be based on probable cause to believe that an arrestee has or is
committing a crime, and even brief detentions, such as traffic stops, must be based on reasonable
suspicion of criminal activity. See Terry v. Ohio, 392 U.S. 1, 20-21 (1968). Reasonable
suspicion, at a minimum, means "a particularized and objective basis for suspecting the
particular person stopped of criminal activity." United States v. King, 244 F.3d 736, 738 (9th
Cir. 2001).
In this instance, we have both data and witness statements showing that MCSO deputies,
in the course of engaging in immigration-related enforcement activities, frequently stop or arrest
Latinos without either probable cause or reasonable suspicion. As discussed above, the HSU
arrest reports we analyzed provide us with reasonable cause to believe that HSU officers
routinely stop Latino motorists without appropriate cause. Moreover, there are a number of other
practices related to MCSO's immigration enforcement program that frequently result in Fourth
Amendment violations. For example, our investigation revealed that CES deputies typically
detain all those present within the vicinity of the business they are raiding. In certain instances,
these mass detentions of innocent individuals have lasted for extended periods of time, and, in at
least one case, lasted for roughly two hours. These types of prolonged detentions of innocent
individuals without specific evidence of criminal activity constitute Fourth Amendment
violations. See Ganwich v. Knapp, 319 F.3d 1115, 1121 (9th Cir. 2003).
C.
Discriminatory Jail Practices
Title VI authorizes the United States to initiate civil litigation in federal court for
injunctive relief against a recipient of federal financial assistance whose program or activity
violates Title VI or its implementing regulations. 42 U.S.C. § 2000d-1; 28 C.F.R. § 42.1 08.
MCSO's language access procedures violate Title VI ifMCSO maintains those procedures to
intentionally discriminate against Latinos on the basis of their national origin or if the procedures
have a discriminatory effect on Latinos. 28 C.F.R. § 42.104(b)(2); NY Urban League, Inc. v.
New York, 71 F.3d 1031, 1036 (2d Cir. 1995). In this instance, MCSO's language access
procedures and practices are intentionally discriminatory and have a discriminatory effect.
Our investigation demonstrates that MCSO's language access procedures intentionally
discriminate against Latinos. There is substantial evidence that biases against Latinos have
played a role in MCSO's decision to maintain its current language access practices and
procedures. MCSO has been on notice for many years of its legal obligation to treat LEP
-19
inmates in a non-discriminatory manner. In 2002, the Department of Justice issued non
discriminationiLEP language access standards applicable to the correctional functions of law
enforcement agencies receiving federal financial assistance, Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (June 18,2002). When
accepting grants from the Department, MCSO officials signed assurances promising to abide by
Title VI, including an assurance in which MCSO agreed that, "[p]ursuant to Department of
Justice guidelines (June 18,2002 Federal Register (Volume 67, Number 117, pages 41455-72)),
under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs
and activities by persons with limited English proficiency." In March 2009, we informed MCSO
that we were investigating allegations that its language assistance program in its jails
discriminated against Latino LEP inmates, thereby putting MCSO on notice that the United
States had received complaints articulating serious concerns relating to its language access
program. Finally, grievances filed by Latino LEP inmates, particularly regarding the lack of
access to church services, also have placed MCSO on notice as to the absence of services for
Latino LEP inmates. Although MCSO has ample reason to know that its policies are denying
Latino LEP inmates access, MCSO persists in maintaining many of its discriminatory practices.
MCSO's language access procedures and practices have a discriminatory effect upon
MCSO's LEP inmates. As detailed above, MCSO's LEP inmates, who are overwhelmingly
Latino, do not receive the same services and benefits as non-LEP inmates, are pressured to sign
important immigration-related documents without language assistance, and are singled out for
punishments, such as being subjected to lockdowns and disciplinary segregation for failing to
understand English commands. In all of these ways and more, MCSO's language access
practices disproportionately and adversely impact the Latino inmates in MCSO's jails. See Lau
v. Nichols, 414 U.S. 563, 568 (1974) (noting that "[i]t seems obvious that the Chinese-speaking
minority receive fewer benefits than the English-speaking majority from respondents' school
system which denies them a meaningful opportunity to participate in the educational program
all earmarks of the discrimination banned by" Title VI and applicable regulations); Yniguez v.
Arizonans/or Official English, 69 FJd 920,947-48 (9th Cir. 1995), vacated on other grounds,
520 U.S. 43 (1997) (striking down the English-only amendment to the Arizona Constitution,
stating that the amendment's impact "is especially egregious because it is not uniformly spread
over the population, but falls almost entirely upon Hispanics and other national origin
minorities").
D.
Retaliatory Practices
We find that MCSO has violated Section 14141 by engaging in a pattern or practice of
conduct by its law enforcement officers that has deprived a number of Maricopa County
residents of their First Amendment rights. The First Amendment prohibits government actors
from "abridging the freedom of speech," U.S. Const. amend. I, and prohibits a government
official from subjecting an individual to retaliatory actions for speech that falls under the
protections of the First Amendment. Hartman v. Moore, 547 U.S. 250, 251 (2006). The Ninth
Circuit has held that to prove a First Amendment retaliation claim, a plaintiff must show "that by
his actions [the defendant] deterred or chilled [the plaintiffs] political speech and such
deterrence was a substantial or motivating factor in [the defendant's] conduct." Mendocino'
Envtl. Ctr. v. Mendocino County, 192 F.3d 1283, 1300 (9th Cir. 1999). To succeed in bringing a
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First Amendment retaliation claim, courts have held that plaintiffs must show only that "an
official's acts would chill or silence a person of ordinary firmness from future First Amendment
activities." Id. The plaintiff must also show that the "chilling effect was a but-for cause of the
defendant's action." Skoog v. County o/Clackamas, 469 F.3d 1221,1232 (9th Cir. 2006).
In this case, we have identified instances of retaliatory actions by MCSO officials. Some
of the most serious incidents involve MCSO deputies, at times apparently acting at the direction
ofMCSO's leadership, bringing false criminal charges against MCSO's critics. The fact that all
of the charges are subsequently dismissed strongly suggests that the "chilling effect was [the]
but-for cause" of the police action. Moreover, such maliciously motivated charges would have
the effect of silencing a person of ordinary firmness from engaging in future protected speech.
Based on our review of the evidence, there is reasonable cause to believe that MCSO officials
have committed a series of retaliatory actions directed at perceived critics of MCSO that are
designed to chill the exercise of protected First Amendment activities.
REMEDIAL MEASURES
The factual findings detailed above provide reasonable cause to believe that MCSO has
committed violations of the First, Fourth, and Fourteenth Amendments to the United States
Constitution, Section 14141, and Title VI. The Civil Rights Division accordingly notifies you
that, absent MCSO taking clear steps toward reaching an agreement with the Division to correct
these violations in the next 60 days, the United States will conclude that voluntary compliance is
not possible and will initiate civil litigation to compel compliance with Section 14141 and Title
VI. Should MCSO indicate within those 60 days that it does not intend to work with the
Division, we may initiate suit in fewer than 60 days. MCSO is further cautioned not to
intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he
or she has either taken action or participated in an action to secure rights protected by the civil
rights laws we enforce.
The constitutional violations and institutional deficiencies highlighted above are the
product of an ingrained culture that encourages and tolerates the discriminatory treatment of
Latino persons and an agency that lacks the requisite policies and practices to ensure effective
and constitutional law enforcement. Reform will require sustained commitment to long-term
structural, cultural, and institutional change, including, but not limited to, the following:
• Training for Deputies: MCSO must develop effective and meaningful training for
deputies in constitutional policing, including how to perform stops, searches, seizures,
and arrests consistent with the requirements of the Fourth and Fourteenth
Amendments.
• Special Operations and Specialized Units: MCSO must develop and implement
detailed policies, procedures, and training regarding (1) special operations, including,
but not limited to, crime suppression sweeps or saturation patrols, worksite raids,
drop house raids, and roving smuggling patrols, and (2) specialized units, including,
but not limited to, SWAT, HSU, and CES.
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• Data Collection and Risk Management: MCSO must develop and implement a data
collection system regarding all law enforcement activity in order to enable MCSO to
supervise, manage, and intervene, when appropriate. Such a program requires
detailed auditable reports for traffic and pedestrian stops; immigration-related stops,
raids, or inquiries; searches and seizures; and worksite raids.
• Complaint System and Internal Affairs: MCSO must develop and implement a
comprehensive complaint, investigation, and disciplinary system to enable it to hold
officers accountable when they violate policy and/or the law. The complaint system
must be accessible to all community members and allow the public to make
complaints against MCSO staff and deputies without fear of retaliation. The internal
investigative process should include clear avenues for adjudication, discipline, and
criminal prosecution, if necessary, as well as access for LEP individuals.
• Language Access: MCSO must develop and implement a comprehensive language
access program for its deputies and officers who encounter LEP individuals in the
jails and for its enforcement activity in the community. Training on this program
must be routine and detailed, such that all staff are aware of their language access
obligations and are held accountable for failure to implement appropriate measures.
• Community Outreach: MCSO must meet the law enforcement needs of all its
residents, regardless of their race or ethnicity. To that end, MCSO must engage with
and reach out to Maricopa County's Latino residents to ensure that it is fairly and
effectively providing them with law enforcement services.
We strongly believe that effective policing and constitutional policing go hand in hand.
In recent years, we have worked productively and collaboratively with law enforcement agencies
across the country, increasingly at their request, to address serious concerns that threaten to
undermine public confidence and hinder operational effectiveness. Our goal in every case is to
work collaboratively to obtain a detailed understanding of the precise challenges and their root
causes, and to develop and implement sustainable reform measures that will reduce crime, ensure
respect for the Constitution, and increase public confidence in law enforcement. We stand ready
to work cooperatively with you to address the concerns outlined in this letter, and we remain
prepared to take prompt, appropriate legal action if you choose to forego collaboration.
The violations we have identified are serious, and voluntary compliance with the
Constitution and federal law will require a detailed agreement incorporating the foregoing
remedial measures. Given the systemic nature of the constitutional violations, effective
compliance in this case will require federal judicial oversight; a court-enforceable agreement will
provide the structure, transparency, and accountability necessary to achieve sustained success.
-22
Please note that this letter is a public document. It will be posted on the Civil Rights
Division's website. We look forward to hearing from you soon. If you have any questions,
please contact Jonathan Smith, Chief of the Special Litigation Section, at (202) 514-6255.
Sincerely,
Thomas E. Perez
Assistant Attorney General
cc:
William R. Jones, Jr.
Counsel for Maricopa County Sheriffs Office
Jones, Skelton & Hochuli, P.L.C.
2901 North Central Ave, Suite 800
Phoenix, Arizona 85012
Exhibit 72
Exhibit 73
Exhibit 74
Exhibit 75
Exhibit 76
‘We’re Sending Them the Hell Back,’ Trump Says of Securing the Country’s Borders - T... Page 1 of 4
ʻWeʼre Sending Them the Hell Back,ʼ
Trump Says of Securing the Countryʼs
Borders
By Katie Rogers and Jonathan Martin
June 20, 2018
DULUTH, Minn. — Shortly after caving to political pressure and signing an executive
order that ends the separation of families by detaining parents and children together at
the border, President Trump vowed at a rally here on Wednesday that his
administration would be “just as tough” on immigration as before.
The president was here in part to support Pete Stauber, a Republican candidate for a
House seat. But, as he usually does on the campaign trail, Mr. Trump focused more on
his agenda — and his enemies, at one point declaring that he had “a much better
apartment” than his critics.
Turning to immigration, Mr. Trump castigated the Democrats.
“The Democrats want open borders: ʻLet everybody pour in, we don’t care,’” he said, as
the crowd erupted into a chant of “Build the Wall,” and mocked a handful of people who
tried to protest his policy. (“Go home to your mom,” the president told at least one
demonstrator.)
He said of other countries: “They’re not sending their finest. We’re sending them the hell
back. That’s what we’re doing.”
Mr. Trump traveled to Duluth, a shipping town on the shores of Lake Superior, after a
week in Washington in which criticism over his child-separation policy had reached a
fever pitch.
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https://www.nytimes.com/2018/06/20/us/politics/trump-minnesota-rally.html
6/25/2018
‘We’re Sending Them the Hell Back,’ Trump Says of Securing the Country’s Borders - T... Page 2 of 4
Fleeing a dizzying debate back home, Mr. Trump relished in a friendly crowd and turned
his attention to the midterm battle that awaits Republicans here: Minnesota is perhaps
one of the most important states in the fight for control of Congress, and the president is
arriving in what is one of the few House districts in the country that Republicans have a
chance to flip.
“I hate to bring this up, but we came this close to winning the state of Minnesota,” Mr.
Trump said of the 2016 election, which he mentioned repeatedly. He promised that, if his
supporters could help tip the political balance in his favor in the fall, “we will have the
greatest borders, the greatest walls.”
“We’ve already started,” Mr. Trump said, “but it’s a lot tougher than it needs to be.”
The state has two Senate races, including one to fill the seat vacated by Senator Al
Franken; a highly competitive governor’s contest featuring a former presidential
candidate, Tim Pawlenty; and four hotly contested House races.
Mr. Trump’s trip was his first as president to Minnesota, a state he lost by just 44,000
votes in the 2016 election despite barely campaigning here. No Republican presidential
candidate has carried the state since Richard M. Nixon’s landslide re-election in 1972,
and Mr. Trump is eager to compete here in 2020.
And the midterm elections could go a long way toward demonstrating how realistic Mr.
Trump’s 2020 prospects are; the Republican Party has not won a statewide election here
in 12 years.
In the 9,000-capacity arena, which was nearly filled, supporters got the midterm and
2020 message loud and clear — it was repeated by candidates, lawmakers and Trump
family members.
“The Democrats are desperate,” Lara Trump, the president’s daughter-in-law, said as
she riled up the crowd. “They sure as heck don’t know what to do in 2020, do they?”
https://www.nytimes.com/2018/06/20/us/politics/trump-minnesota-rally.html
6/25/2018
‘We’re Sending Them the Hell Back,’ Trump Says of Securing the Country’s Borders - T... Page 3 of 4
Ann Marie Cosgrove, a 60-year-old who works in education, traveled here from the
Minneapolis area with over a dozen friends. A onetime Democrat, Ms. Cosgrove said
they were fixated on helping “turn Minnesota red” because the president had promised
to secure the borders and was tamping down on abortion rights.
“I didn’t leave the Democratic Party,” she said, “the Democratic Party left me.”
“I’d rather be with a man like Trump,” Ms. Cosgrove said.
But there may have been nobody more excited about Mr. Trump’s visit than Mr.
Stauber, who unexpectedly received a call on his cellphone from the president this year.
“He said, ʻWhat can I do to help you win?’ And I said, ʻMr. President, it would be helpful
if you came up to the district to see the treasure we have here,’” Mr. Stauber recalled.
A former Duluth police officer, Mr. Stauber said Democrats were increasingly out of
favor in an area with a rich mining tradition. “The intensity and support for President
Trump is as good, if not better than it was on election night,” he said.
That intensity was present on Wednesday night, as the crowd joined the president in
jeering the news media, Hillary Clinton and Democrats. They supported his efforts on
North Korea — “You know what I gave away? A meeting!” Mr. Trump yelled — and his
order this week to build a space-focused branch of the military.
“Space Force!” Mr. Trump shouted, after declaring that he was reopening NASA, which
is not closed.
But in an indication of how Mr. Trump’s mélange of policies can complicate the lives of
Midwestern Republicans, Mr. Stauber said that while voters connected to the mines
applauded the president’s steel tariffs, the farm-heavy half of the district was uneasy
about the fate of their agricultural exports.
Mr. Trump’s decision to visit Duluth speaks to the divergent nature of his standing in the
state.
https://www.nytimes.com/2018/06/20/us/politics/trump-minnesota-rally.html
6/25/2018
‘We’re Sending Them the Hell Back,’ Trump Says of Securing the Country’s Borders - T... Page 4 of 4
Even as Republicans make gains with blue-collar voters, they face considerable
headwinds in the suburbs, where voters recoil at Mr. Trump’s incendiary style. That is
partly why the president came here rather than the more populous Twin Cities, where
Republicans are defending a pair of seats in the Minneapolis suburbs, where Mr. Trump
is far less popular.
But on Wednesday, people came from that area of the state to hear the president speak.
Wearing a shirt with the word “winning” in capital letters, Kari Wiessner, who works
part time, drove from the suburb of Eden Prairie.
She was among several Trump supporters who questioned whether the footage,
photographs and audio of families separated at the border were doctored or disproved.
“They’re able to vote and turn our state against us,” Ms. Wiessner said of the state’s
immigrant population, “and wash our state away.”
Correction: June 19, 2018
An earlier version of this article misstated the given name of a Republican candidate
running for a House seat in Minnesota. He is Pete Stauber, not Rick.
Katie Rogers reported from Duluth, Minn., and Jonathan Martin from Washington.
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Exhibit 77
U.N. rights boss calls for end to Trump's policy of family separation | Reuters
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WORLD NEWS
JUNE 18, 2018 / 1:05 AM / 8 DAYS AGO
U.N. rights boss calls for end to
Trump's policy of family
separation
Stephanie Nebehay
4 MIN READ
GENEVA (Reuters) - The top U.N. human rights official called on the Trump
administration on Monday to halt its “unconscionable” policy of forcibly
separating children from migrant parents irregularly entering the country via
Mexico.
https://www.reuters.com/article/us-un-rights/un-rights-boss-calls-for-end-to-trumps-policy... 6/25/2018
U.N. rights boss calls for end to Trump's policy of family separation | Reuters
Page 2 of 5
Zeid Ra'ad al-Hussein, outgoing United Nations High Commissioner for
Human Rights attends the Human Rights Council at the United Nations
in Geneva, Switzerland June 18, 2018. REUTERS/Denis Balibouse
U.S. officials said on Friday that nearly 2,000 children were separated from
adults at the border between mid-April and the end of May as the Trump
administration implements stricter border enforcement policies.
Administration officials say the tactic is necessary to secure the border and
suggest it will act as a deterrent to illegal immigration.
But Zeid Ra’ad al-Hussein, U.N. High Commissioner for Human Rights, said the
policies “punish children for their parents’ actions”.
“The thought that any state would seek to deter parents by inflicting such abuse
on children is unconscionable. I call on the United States to immediately end
the practice of forcible separation of these children,” Zeid said in his final
speech to the U.N. Human Rights Council before his term in office ends.
https://www.reuters.com/article/us-un-rights/un-rights-boss-calls-for-end-to-trumps-policy... 6/25/2018
U.N. rights boss calls for end to Trump's policy of family separation | Reuters
Page 3 of 5
Zeid Ra'ad al-Hussein, outgoing United Nations High Commissioner for
Human Rights attends the Human Rights Council at the United Nations
in Geneva, Switzerland June 18, 2018. REUTERS/Denis Balibouse
The U.S. delegation, led by Geneva-based diplomat Jason Mack, did not refer to
migration issues in its subsequent speech upholding LGBTi rights and
denouncing violence and discrimination against homosexual and transgender
people.
Reuters quoted activists and diplomats on Thursday as saying that talks with the
United States over how to reform the main U.N. rights body have failed to meet
Washington’s demands, especially over its treatment of Israel, suggesting that
the Trump administration will quit the forum.
STANDING OVATION
https://www.reuters.com/article/us-un-rights/un-rights-boss-calls-for-end-to-trumps-policy... 6/25/2018
U.N. rights boss calls for end to Trump's policy of family separation | Reuters
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Britain’s foreign secretary Boris Johnson praised the council for shining a light
on appalling violations worldwide, saying it was part of the rules-based
international system.
But Britain shared the view with the United States that maintaining a
permanent agenda item focusing solely on Israel and the Palestinian territories
was “damaging”, Johnson said.
Zeid said that “longstanding, grave and systematic” human rights violations
continued in North Korea and urged Pyongyang to cooperate with the U.N.
investigator on the isolated country whose mandate it does not recognise.
He cited clear indications of “wellorganised, widespread and systematic
attacks” continuing against Muslim
Rohingya in Myanmar, “amounting
possibly to acts of genocide”, while
conflict has escalated in Kachin and
Shan states.
Slideshow (2 Images)
The Myanmar government’s efforts
to prosecute perpetrators have lacked
credibility and human rights monitors must be on the ground before Rohingya
refugees return from Bangladesh, he said.
Myanmar has denied nearly all of the allegations, saying its security forces have
been waging a legitimate counter-insurgency operation against what it calls
Rohingya terrorists.
https://www.reuters.com/article/us-un-rights/un-rights-boss-calls-for-end-to-trumps-policy... 6/25/2018
U.N. rights boss calls for end to Trump's policy of family separation | Reuters
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Zeid accused China of preventing independent activists from testifying before
U.N. rights bodies and voiced concern that conditions were “fast deteriorating”
in the autonomous regions of Tibet and Xinjiang.
Yang Zhilun, of China’s Foreign Ministry, did not directly address his remarks,
but said that all citizens exercising their right to assembly and demonstration
must abide by the law and not harm “national, social and collective rights”.
Zeid urged the 47-member forum to set up international commissions on
alleged violations in Venezuela and Nicaragua.
Zeid, whose four-year term finishes at the end of August, received a standing
ovation at the end of his remarks.
Reporting by Stephanie Nebehay; Editing by Toby Chopra and Alison Williams
Our Standards: The Thomson Reuters Trust Principles.
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© 2018 Reuters. All Rights Reserved.
https://www.reuters.com/article/us-un-rights/un-rights-boss-calls-for-end-to-trumps-policy... 6/25/2018
Exhibit 78
Exhibit 79
June 12, 2018
The Honorable Jeff Sessions
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
The Honorable Kirstjen Nielsen
Secretary
U.S. Department of Homeland Security
3801 Nebraska Avenue, N.W.
Washington, D.C. 20528
Dear Attorney General Sessions and Secretary Nielsen:
On behalf of the American Bar Association and its more than 400,000 members, I write to
express our strong opposition to recent actions by the Department of Justice and the Department
of Homeland Security that have resulted in a drastic increase in the separation of children from
their parents when arriving at the southern border.
While separation of parents and children has taken place on an incidental basis in the past, it has
never been applied uniformly as a strategy to deter migration. Reports had indicated that nearly
700 children – more than 100 of them under the age of four – were separated from adults
between October 2017 and April 2018. (“Hundreds of Immigrant Children Have Been Taken
from Parents at U.S. Border,” NY Times, April 20, 2018, available at
https://www.nytimes.com/2018/04/20/us/immigrant-children-separation-ice.html.) In the wake of
the implementation of the “zero tolerance” policy, requiring referral for criminal prosecution all
those apprehended crossing the border between ports of entry, these numbers increased
exponentially. Deputy Chief Richard Hudson of the U.S. Border Patrol testified at a recent
hearing that, between May 6 and May 19, 2018, 638 parents were separated from 658 children to
allow for the prosecution of the adult parents. We are aware of reports from the field that many
hundreds more have been separated in recent weeks.
It is apparent from the public comments of several high-ranking Administration officials that a
primary purpose of the “zero tolerance” policy is to serve as a deterrent for migrant parents who
enter the United States without authorization accompanied by their children. These statements
make clear that family separation is not a collateral consequence of regular law enforcement
under this policy; it is an explicitly intentional goal. Although the Supreme Court has never
addressed a case involving the exact facts presented by the current practice of family separation,
existing law suggests the policy violates rights to family integrity and due process. Moreover, the
policy appears particularly unfair, inhumane, and, in the end, ineffective.
Intentional interference with parental rights. A long line of Supreme Court precedent
underscores the fundamental relationship between children and their parents and makes clear that
intentional government intrusion into this relationship is only permissible in very limited
circumstances. In Troxel v. Granville, the Supreme Court cited nearly 80 years of precedent and
June 12, 2018
Page 2 of 3
described parents’ rights “in the care, custody, and control of their children” to be “perhaps the
oldest of the fundamental liberty interests recognized by this Court.” 530 U.S. 57, 66 (2000). The
Court has explained that government action may only intentionally infringe on this liberty
interest when necessary for the child’s welfare and safety. Even in those circumstances,
government action is limited, and the parent is constitutionally entitled to a hearing on her fitness
before her child is taken from her custody. Stanley v. Illinois, 405 U.S. 645 (1972). These federal
constitutional rights and protections have been applied equally to immigrant and citizen parents
in child welfare cases. See, e.g., In re Doe, 281 P.3d 95 (Idaho 2012); In re E.N.C., 384 S.W.3d
796 (Tex. 2010); and In re Interest of Angelica L., 767 N.W.2d 74 (Neb. 2009).
Enforcement actions cannot be used as justification to affect intentional family separation.
The U.S. Court of Appeals for the First Circuit concluded in 2007 that Immigration and Customs
Enforcement (ICE) officers had not interfered with parental rights when they arrested parents
during a workplace raid and, as a collateral consequence, caused their separation from their
children. Aguilar v. U.S. Immig. and Customs Enforcement, 510 F.3d 1 (1st Cir. 2007). As the
court explained, “every lawful arrest of a parent[] runs the risk of interfering in some way with
the parent’s ability to care for his or her children,” and parents subject to immigration
enforcement actions are no different than those subject to criminal enforcement. The court’s
decision, however, hinged on the fact that ICE had not deliberately sought to interfere with the
parents’ rights, and any separation that occurred was merely incidental to the enforcement action.
By contrast, the court explained that a violation of the right to family integrity could be found in
government conduct that intends to interfere with rights to family integrity in some way. Indeed,
the First Circuit went so far as to state that “it is easy to imagine how viable claims might lie” if
by government action “a substantial number of young children [were] knowingly placed in
harm’s way.” In a decision last week in the Southern District of California, a federal judge relied
on exactly that statement to identify a constitutional concern with the way the government’s
family separation policy is playing out at the border today. Ms. L. v. ICE, No.18-cv-0428 (June
6, 2018). We share those concerns.
Separating families is detrimental to children’s well-being, burdens the immigration court
process, and increases costs to the government. Aside from the potential legal issues,
separation of families is unwise from a policy perspective. Intentionally rendering children
unaccompanied has negative consequences to the children and parents, as well as to the
adjudication system. Separating a child from a parent is traumatic for both parties, and this
practice has been proven to be detrimental to the well-being of children. Medical professionals,
including the American Academy of Pediatrics, have condemned the practice of family
separation, explaining that “[f]ear and stress, particularly prolonged exposure to serious stress
without the buffering protection afforded by stable, responsible relationship . . . can harm the
developing brain and harm short-and long-term health.” (Letter from Colleen A. Kraft, MD,
FAAP, President of the American Academy of Pediatrics, March 1, 2018, available at
https://downloads.aap.org/DOFA/AAP%20Letter%20to%20DHS%20Secretary%2003-0118.pdf).
Once children are taken from their parents, they are designated as unaccompanied, requiring that
they be placed in the custody of the Office of Refugee Resettlement, which must provide a wide
array of services related to their care. Children who are rendered unaccompanied also are placed
June 12, 2018
Page 3 of 3
in separate removal proceedings before an immigration judge. (8 U.S.C. § 1229a.) Family
separation thus transforms a single case into multiple immigration court cases. Children
proceeding in court alone often will not be competent to present their claims for relief or have
access to vital evidence held by their parents. This necessitates additional time and attention by
the immigration judge, causing increased inefficiencies in the already significantly backlogged
immigration courts.
We recognize that these are challenging issues and that immigration involving children is, in
general, a complicated matter with no easy solutions. We confidently believe, however, that the
present approach will create greater problems than it alleviates. While the Supreme Court has
never addressed the legality of an intentional family separation policy, dealing with family
immigration is not new for this Administration or any other. See, e.g., R.I.L.-R v. Johnson, 80 F.
Supp. 3d 164 (D.D.C. 2015) (enjoining the Obama Administration’s policy of deterring family
immigration through civil detention). In 1993 Justice Scalia in Reno v. Flores (507 U.S. 292)
explained that ensuring that minors will be cared for during the pendency of removal
proceedings is “easily done when the juvenile’s parents have also been detained and the family
can be released together.” Invoking Justice Scalia’s reasoning, we ask the question now: Why are
we rejecting the easy path in favor of the more difficult one?
It is an especially baffling question given that experience has shown that punitive measures are
not likely to deter desperate parents from seeking protection for their children. As you know,
most of this population comes from three countries – El Salvador, Guatemala, and Honduras –
that are among the most dangerous in the world. Credible fear passage rates for those who are
screened have remained high, a strong indicator that this population presents valid claims to
asylum. So long as the conditions of extreme violence and endemic corruption in these countries
of origin exist, families will seek refuge in the United States.
The systemic practice of separating parents and children is antithetical to our values as a country,
appears to violate longstanding precedent protecting rights to family integrity, burdens the
federal criminal justice and immigration adjudication systems, and increases costs to the
government. We urge you to rescind the “zero tolerance” policy and refrain from criminally
prosecuting those who are seeking asylum in the United States. When families are apprehended
and placed in removal proceedings, parents and children should be kept together in the least
restrictive environment necessary or released on an appropriate alternative to detention.
We understand that the number of families arriving at the southern border in recent years has
created challenges for the government. Nonetheless, we should address these challenges by
means that are humane, fair, and effective – and that uphold the law and our values as a country.
Thank you for your consideration of our views.
Sincerely,
Hilarie Bass
Exhibit 80
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