Emails show Stephen Miller pressed hard to limit green cards

White House senior adviser Stephen Miller wasn’t getting an immigration regulation he wanted. So he sent a series of scorching emails to top immigration officials, calling the department an “embarrassment” for not acting faster, according to emails obtained by POLITICO.

The regulation in question would allow the Department of Homeland Security to bar legal immigrants from obtaining green cards if they receive certain government benefits. The rule will likely be released in the coming days, according to a pair of current and former Trump officials briefed on the timeline.

The emails, which POLITICO obtained through the Freedom of Information Act, shed new light on how aggressively Miller has pressured the Department of Homeland Security to move faster on regulations to limit immigration. Critics say the new rule will be used to shore up Trump’s political base in the coming election year, and that it’s an illegitimate tool to reduce legal immigration. 

One former Trump official said Miller has maintained a “singular obsession” with the public charge rule, which he’s argued would bring about a transformative change to U.S. immigration.

At the receiving end of Miller’s pressure campaign was U.S. Citizenship and Immigration Service Director Francis Cissna, an immigration hawk with strong support from restrictionist groups who resigned in May amid a broader Homeland Security Department shakeup that also saw the exit of former Secretary Kirstjen Nielsen and other top officials.

In an email sent on June 8, 2018, Miller lambasted Cissna for the pace of his efforts to implement the public charge rule. “Francis — The timeline on public charge is unacceptable,” Miller wrote. “The public charge reg has been in the works for a year and a half. This is time we don’t have. I don’t care what you need to do to finish it on time. You run an agency of 20,000 people.”

In the message, Miller derided Cissna’s overall performance at USCIS, the agency charged with screening visa applicants and processing immigration paperwork. Cissna was known for his deliberate approach to the regulatory process.

“It’s an embarrassment that we’ve been here for 18 months and USCIS hasn’t published a single major reg,” Miller barked.

According to a version of the rule proposed in October 2018, the regulation would allow federal immigration officials to deny green cards to legal immigrants who’ve received food stamps, welfare, Medicaid, prescription drug subsidies or Section 8 housing vouchers. It could also deny green cards to immigrants deemed likely to receive such government benefits in the future.

With Trump poised to make immigration a centerpiece of his 2020 reelection campaign, a new crackdown on legal immigrants who receive government assistance could energize voters who view immigration — even when done legally — as a fiscal drain and cultural danger.

“This is something that will play well going into the next election, especially considering the prevailing view among the Democratic candidates who are talking about admitting more immigrants and offering more benefits,” said Jessica Vaughan, a director with the Center for Immigration Studies, which pushes for lower levels of both legal and illegal immigration. 

But Miller’s previously undisclosed emails could raise legal questions about whether the public charge rule was rushed to completion. The regulatory process will almost certainly be challenged in court, according to opponents bracing for the change.

In addition, the emails could reinvigorate Democratic efforts to compel Miller to testify before Congress. The White House in April denieda voluntary invitation to testify before the House Oversight Committee, which is chaired by Rep. Elijah Cummings (D-Md.). The committee chairman had pressed Miller to explain his role in the development of what he called “troubling” immigration policies.

Acting USCIS Director Ken Cuccinelli — Cissna’s replacement at the agency and another immigration hawk — said the public charge regulation will demonstrate that Trump remains committed to his immigration agenda.

According to a version of the rule proposed in October 2018, the regulation would allow federal immigration officials to deny green cards to legal immigrants who’ve received food stamps, welfare, Medicaid, prescription drug subsidies or Section 8 housing vouchers. It could also deny green cards to immigrants deemed likely to receive such government benefits in the future.

With Trump poised to make immigration a centerpiece of his 2020 reelection campaign, a new crackdown on legal immigrants who receive government assistance could energize voters who view immigration — even when done legally — as a fiscal drain and cultural danger.

“This is something that will play well going into the next election, especially considering the prevailing view among the Democratic candidates who are talking about admitting more immigrants and offering more benefits,” said Jessica Vaughan, a director with the Center for Immigration Studies, which pushes for lower levels of both legal and illegal immigration. 

But Miller’s previously undisclosed emails could raise legal questions about whether the public charge rule was rushed to completion. The regulatory process will almost certainly be challenged in court, according to opponents bracing for the change.

In addition, the emails could reinvigorate Democratic efforts to compel Miller to testify before Congress. The White House in April denieda voluntary invitation to testify before the House Oversight Committee, which is chaired by Rep. Elijah Cummings (D-Md.). The committee chairman had pressed Miller to explain his role in the development of what he called “troubling” immigration policies.

Acting USCIS Director Ken Cuccinelli — Cissna’s replacement at the agency and another immigration hawk — said the public charge regulation will demonstrate that Trump remains committed to his immigration agenda.

[Politico]

Trump’s Homeland Security purge claims another victim, head of citizenship agency

The latest head to roll in President Trump’s continued purge of top Homeland Security officials is that of Lee Francis Cissna, the director of U.S. Citizenship and Immigration Services.

Trump asked for Cissna’s resignation, which he submitted Friday, according to an email Cissna sent to agency personnel. He’ll leave the agency on June 1.

While not known as a flamethrower, Cissna courted controversy as he sought to implement Trump’s policies during his tenure at Citizenship and Immigration Services. He pursued the administration’s stated goal of reducing immigration, both legal and illegal. Citizenship and Immigration Services is tasked with processing immigration benefits, citizenship and, in a new focus under the Trump administration, denaturalization.

Cissna had a brief moment in headlines last year when he edited the beginning of Citizenship and Immigration Services’ mission statement, “USCIS secures America’s promise as a nation of immigrants,” to eliminate the phrase “nation of immigrants.” He told his staff the change clarified the agency’s role in “lawful immigration.” The change was seen by some as forecasting an inward turn.

But he apparently lacked enough zeal to please some of Trump’s hard-line advisors on immigration issues, leading to his ouster.

In his exit announcement, Cissna repeatedly emphasized the “rule of law,” writing that his 20-month tenure “laid the groundwork for many more, much-needed, lawful reforms to come in the near future.” He also hinted at the current upheaval at Homeland Security, describing his tenure as a “challenging time.”

“We are the government servants charged with lawfully, efficiently and fairly adjudicating requests for immigration benefits, while protecting Americans, securing the homeland, and honoring our nation’s values,” he wrote Friday in his email, obtained by The Times.

Underscoring the uncertainty at Homeland Security, the federal government’s third-largest department with roughly 240,000 employees, Cissna reportedly will be replaced by Ken Cuccinelli II — an immigration hardliner and cable news fixture whose name administration officials just days ago floated as a new “immigration czar.” Cuccinelli, however, has a strong enemy in Senate Majority Leader Mitch McConnell of Kentucky. Neither McConnell’s office nor the White House responded to requests for comment.

In April, Trump forced out then-Homeland Security Secretary Kirstjen Nielsen, naming Customs and Border Protection Commissioner Kevin McAleenan as her replacement. Nielsen spent her last days at the department announcing a cascade of exits for top officials, including U.S. Secret Service Director Randolph “Tex” Alles; Claire Grady, the acting deputy Homeland Security secretary; and acting Immigration and Customs Enforcement Director Ronald D. Vitiello.

The purge at Homeland Security began a few days before Nielsen’s removal, when Trump blindsided her and many other officials by abruptly pulling Vitiello’s nomination to lead ICE on a permanent basis. At first, White House aides told congressional staffers the withdrawal notification had been sent in error. Then Trump told reporters he wanted to go in a “tougher” direction on immigration enforcement. The president also surprised officials when he announced in early May his pick to replace Vitiello, Mark Morgan, a Border Patrol chief under President Obama.

In his confirmation hearings, Cissna — whose mother immigrated to the U.S. from Peru — told lawmakers that he spoke Spanish exclusively at home with his children, explaining, “the immigrant experience has always been a fundamental part of my family life.”

Under his tenure, Citizenship and Immigration Services has directed more resources to reducing a ballooning immigration-case backlog — more than 890,000 pending immigration cases, with an average wait of more than two years — sometimes at the expense of other missions.

At the border and across the country, agency officers interview asylum seekers to help determine whether their cases will proceed or whether they will be removed from the U.S. Cissna took officers who conduct citizenship interviews and reassigned them to the southern border to interview asylum seekers. In the last two years, wait times for citizenship have doubled.

In recent weeks, Citizenship and Immigration Services also has begun to train Border Patrol agents to conduct initial interviews that asylum seekers go through to determine whether they have what U.S. law defines as a “credible fear” of being persecuted in their home country. The moves gave new power to the Border Patrol and took some discretion away from Citizenship and Immigration Services asylum officers, part of an effort to toughen the process for people seeking asylum.

In March, Cissna announced that his agency would close all of its international offices and prepare to shift its foreign operations to the State Department in order to focus on the backlog. Citizenship and Immigration Services had worked abroad to reunite families, oversee international adoptions, and process requests for U.S. travel for humanitarian emergencies, military members serving overseas and permanent residents seeking to return.

Cissna has also overseen new “public charge” rules penalizing immigrants who use public benefits — and their U.S.-citizen children. Those proposed changes drew hundreds of thousands of public comments, which the agency is required by law to review. Stephen Miller, Trump’s domestic policy advisor and an immigration hardliner, has been frustrated with Cissna for what he viewed as foot-dragging on implementing the public charge rule and other proposals.

As near-record numbers of asylum seekers and Central American families continue to arrive at the U.S.-Mexico border, Trump critics and supporters alike fear that Miller may not yet be through with a kind of hit list to “clean house” at Homeland Security. The department, created to ensure domestic security, has dozens of leadership vacancies, in addition to the handful of top officials serving in an acting capacity.

Cissna avoided the first round of firings after key Republican senators came to his defense.

McConnell has made clear he will block Cuccinelli from any position requiring Senate confirmation.

In 2014, Cuccinelli, a former Virginia attorney general, backed an effort to defeat GOP Senate incumbents and called for McConnell to step down. He also sought to peel delegates away from Trump at the Republican National Convention in 2016, even throwing his ID badge on the convention floor to protest Trump’s nomination. At the time, he was working on behalf of Republican Sen. Ted Cruz of Texas.

In announcing in March that USCIS would close its international offices, Cissna wrote in a memo to agency staffers obtained by The Times: “Change can be difficult and can cause consternation.”

[Los Angeles Times]

Former DHS officials blocked Trump plan to arrest thousands of migrants before being ousted

Former leaders at the Department of Homeland Security, including then-Homeland Security Secretary Kirstjen Nielsen, pushed back on a White House plan for mass arrests of migrants shortly before their ouster, according to The Washington Post.

The Trump administration had planned to arrest thousands of parents and children in 10 major U.S. cities to deter further migrants, the Post reported, citing seven current and former DHS officials. The plan involved fast-tracking immigration court cases and expanding the government’s authority to deport migrants who did not show for their hearings. Arrests of the no-shows would involve coordinated raids of the homes and neighborhoods of parents with children, according to the Post.

Nielsen and then-acting Director of Immigration and Customs Enforcement (ICE) Ronald Vitiello put a stop to the plan, citing lack of preparation by ICE personnel and public relations concerns, according to the Post.

“There was concern that it was being hastily put together, would be ineffective, and might actually backfire by misdirecting resources away from critical border emergency response operations,” one DHS official told the Post.

Major boosters of the plan within the administration included senior Trump adviser Stephen Miller and Immigration and Customs Enforcement Deputy Director Matthew Albence. The plan, which is reportedly still under consideration, incorporated cities including New York, Chicago and Los Angeles, according to the Post.

The two officials’ pushback was a major factor in their ouster, according to the Post, citing administration officials. When Trump announced the withdrawal of Vitiello’s nomination as ICE director in April, he expressed a desire to go in a “tougher” direction without further elaborating.

“Both he and Nielsen instinctively thought it was bad policy and that the proposal was less than half-baked,” a DHS official told the Post.

The White House did not immediately respond to a request for comment from The Hill.

[The Hill]

Senior Trump adviser Stephen Miller appears to fall asleep during White House meet on school safety

Stephen Miller apparently finds school safety exhausting.

Photographers caught the senior White House adviser rubbing his eyes, yawning and nodding off during an hour-long Monday meeting called in response to the Florida high school shooting that left 17 people dead.

Miller, who has become one of President Trump’s most trusted advisers, appeared to be fully asleep in one of the photos.

The White House did not respond to a request for comment from the Daily News.

The 32-year-old adviser’s hard-right stance on immigration has landed him in trouble with both Democrats and Republicans, many of whom blame him for blocking bipartisan policy proposals.

Trump hosted the White House meet with 35 governors from across the country to discuss how the nation’s schools can become safer and less susceptible to gun violence.

Echoing talking points from the National Rifle Association, Trump has proposed arming teachers as a way to deter school shooters. Trump’s proposal has drawn condemnation from politicians on both sides of the aisle, who say more weapons in schools will exacerbate the problem.

During Monday’s sit-down, Trump lambasted a sheriff’s deputy who didn’t enter the Marjory Stoneman Douglas High School as 19-year-old gunman Nikolas Cruz walked through the corridors, methodically killing his former classmates and teachers with an AR-15 assault rifle. Contrary to the deputy, Trump said he would have rushed into the school even if he was unarmed.

“You don’t know until you test it, but I really believe I’d run in there even if I didn’t have a weapon,” Trump said. “And I think most of the people in this room would have done that, too.”

[New York Daily News]

Stephen Miller Melts Down at CNN’s Jim Acosta with Bonkers Argument Statue of Liberty Isn’t About Immigrants

Trump adviser Stephen Miller blew up at CNN White House Correspondent Jim Acosta on Wednesday over a question about the administration’s new immigration policy.

“What you’re proposing here or what the president is proposing does not sound like it’s in keeping with American tradition when it comes to immigration,” Acosta pointed out. “The Statue of Liberty says ‘Give me your tired, your poor, your huddled masses.’ It doesn’t say anything about speaking English or being able to be a computer programmer. Aren’t you trying to change what it means to be an immigrant if you are telling them they have to speak English. Can’t they learn to speak English when they get here?”

Miller took offense to Acosta’s mention of the Statue of Liberty.

“I don’t want to go off on a whole thing about history here,” Miller said. “The Statue of Liberty is a symbol of light in the world. It’s a symbol of American liberty light in the world. The poem you are referring to is not part of the original Statue of Liberty. It was added later.”

The debate only heated up from there.

Reality

Stephen Miller is correct to say the poem “The New Colossus” was physically added later to the statue, but is incorrect to say it wasn’t part of the original Statue of Liberty.

The poem was created specifically for the fundraising effort for the statue by American poet Emma Lazarus and was the first entry read at its dedication ceremony in 1886.

Miller was also correct to say the Status of Liberty was not originally about immigrants, it was created in 1865 by French abolitionist Edouard de Laboulaye to mark the end of the US civil war and institutionalized slavery, which he saw was the last step in the US becoming a beacon of democracy to the world. But, Miller is also completely ignoring what the statue had become just a few short years after its unveiling, which was a welcoming symbol to the millions of refugees and immigrants who came to America.

Originally Americans didn’t know what to think of the Statue of Liberty, but the statue became really famous among immigrants. And it was really immigrants that lifted her up to a sort of a glory before America really fully embraced her.

So the poem’s history and the Statue of Liberty’s history are both intertwined and it just shows Miller’s complete lack of understanding of that “whole history thing.”

Media

Stephen Miller Admits the New Executive Order on Immigration Ban is Same as the Old

During a town hall hosted by Fox News Tuesday night, White House adviser Stephen Miller confirmed that President Donal Trump’s new executive order — which will replace the immigration ban on seven majority-Muslim countries — will effectively have the same policy outcome.

As one of the architects of the first executive order, Miller insisted that “nothing was wrong with the first executive order” — although the 9th U.S. Circuit Court of Appeals refused to reinstate the ban earlier this month. Miller admitted that a new order was necessary to avoid the judicial rulings from the appellate courts.

Although there will be changes in the language of the upcoming executive order, Miller said the policy outcome will remain the same.

“One of the big differences that you are going to see in the executive order is that it is going to be responsive to the judicial ruling which didn’t exist previously,” Miller said. “And so these are mostly minor, technical differences. Fundamentally, you are still going to have the same, basic policy outcome for the country.”

Critics were quick to point out that Miller had involuntarily provided civil rights organizations the material needed to challenge the order once it’s signed by the president.

Lawyers that challenged the first executive order cited former New York mayor Rudy Giuliani’s remarks on Fox News, when he said that Trump sought advice for a legal way to carry out a “Muslim ban.” Civil rights activists argued that Giuliani’s statement was evidence that the Trump administration wanted to discriminate against people of a certain religion.

Miller still believes the appellate courts’ rulings were wrong.

“The rulings from those courts were flawed, erroneous and false,” he said. “The president’s actions were clearly legal and constitutional and consistent with the longstanding tradition of presidents of the past.”

(h/t Salon)

Media

 

 

 

Non-Lawyer Stephen Miller Told US Attorney How to Defend Travel Ban, Report Says

White House aide Stephen Miller, who does not have a law degree, told a federal attorney how his office should defend the president’s controversial travel ban on seven Muslim-majority nations, The New York Daily News reports.

The executive order, signed Jan. 27, quickly faced legal challenge from non-citizens who already had visas. This included two detained Iraq men, Haider Sameer Abdulkhaleq and Hameed Khalid Darweesh, and their case landed in a Brooklyn federal court. A federal law enforcement official reportedly told the Daily News that on Jan. 28, Miller called up Robert Capers, the US Attorney for the Eastern District of New York, and told him how he had to defend the policy.

The Eastern District declined to comment on this report when the Daily News reached out to them. We reached out to a White House spokesperson for comment.

The federal attorneys faced a setback. In court on Jan. 28, Assistant U.S. Attorney Susan Riley argued that the hearing was scheduled too soon.

“This has unfolded with such speed, we haven’t had an opportunity to address any of the important legal issues,” she said.

The judge issued a temporary stay of the order. The policy has also gotten tied up in other federal courts nationwide, so Trump has promised a new EO.

Harry Siegel, the Daily News columnist who wrote the report, wasn’t sanguine about all this.

“That’s not how it works, since the legal issues the ongoing suits raise won’t all just disappear when Trump issues a new order,” he wrote. “But it shows how hard it is to distinguish sloppiness from nastiness, clumsiness from willful disruption, in this terribly new, terribly different administration led by a President with no prior governing experience.”

His article echoes other reports that claim the Trump administration failed to inform Congress and relevant federal agencies before releasing the EO, leading to disorganization. The president has denied these reports.

“The media is trying to attack our administration because they know we are following through on pledges that we made, and they’re not happy about it, for whatever reason,” he said at a Thursday press conference. “I turn on the news and I see stories of chaos. And yet it is the exact opposite. The administration is running like a fine-tuned machine.”

(h/t LawNewz)

Update

“Stephen Miller did not speak to Robert Capers,” White House Deputy Press Secretary Lindsay Walters said Tuesday, two days after this story was published. “They have never spoken to one another.”