ICE Agents Are Losing Patience with Trump’s Chaotic Immigration Policy

Last Monday, when President Trump tweeted that his Administration would stage nationwide immigration raids the following week, with the goal of deporting “millions of illegal aliens,” agents at Immigration and Customs Enforcement were suddenly forced to scramble. The agency was not ready to carry out such a large operation. Preparations that would typically take field officers six to eight weeks were compressed into a few days, and, because of Trump’s tweet, the officers would be entering communities that now knew they were coming. “It was a dumb-shit political move that will only hurt the agents,” John Amaya, a former deputy chief of staff at ice, told me. On Saturday, hours before the operation was supposed to start in ten major cities across the country, the President changed course, delaying it for another two weeks.

On Sunday, I spoke to an ice officer about the week’s events. “Almost nobody was looking forward to this operation,” the officer said. “It was a boondoggle, a nightmare.” Even on the eve of the operation, many of the most important details remained unresolved. “This was a family op. So where are we going to put the families? There’s no room to detain them, so are we going to put them in hotels?” the officer said. On Friday, an answer came down from ice leadership: the families would be placed in hotels while ice figured out what to do with them. That, in turn, raised other questions. “So the families are in hotels, but who’s going to watch them?” the officer continued. “What happens if the person we arrest has a U.S.-citizen child? What do we do with the children? Do we need to get booster seats for the vans? Should we get the kids toys to play with?” Trump’s tweet broadcasting the operation had also created a safety issue for the officers involved. “No police agency goes out and says, ‘Tomorrow, between four and eight, we’re going to be in these neighborhoods,’ ” the officer said.

The idea for the operation took hold in the White House last September, two months after a federal judge had ordered the government to stop separating parents and children at the border. At the time, the number of families seeking asylum was rising steadily, and Administration officials were determined to toughen enforcement. A D.H.S. official told me that, in the months before the operation was proposed, “a major focus” of department meetings “was concern about the fact that people on the non-detained docket”—asylum seekers released into the U.S. with a future court date—“are almost never deported.” By January, a tentative plan had materialized. The Department of Justice developed a “rocket docket” to prioritize the cases of asylum seekers who’d just arrived in the country and missed a court date—in their absence, the government could swiftly secure deportation orders against them. D.H.S. then created a “target list” of roughly twenty-five hundred immigrant family members across the country for deportation; eventually, the Administration aimed to arrest ten thousand people using these methods.

From the start, however, the plan faced resistance. The Secretary of D.H.S., Kirstjen Nielsen, argued that the arrests would be complicated to carry out, in part because American children would be involved. (Many were born in the U.S. to parents on the “target list.”) Resources were already limited, and an operation on this scale would divert attention from the border, where a humanitarian crisis was worsening by the day. The acting head of ice, Ron Vitiello, a tough-minded former Border Patrol officer, shared Nielsen’s concerns. According to the Washington Post, these reservations weren’t “ethical” so much as logistical: executing such a vast operation would be extremely difficult, with multiple moving pieces, and the optics could be devastating. Four months later, Trump effectively fired them. Vitiello’s replacement at ice, an official named Mark Morgan—who’s already been fired once by Trump and regained the President’s support after making a series of appearances on Fox News—subsequently announced that ice would proceed with the operation.

Late last week, factions within the Administration clashed over what to do. The acting secretary of D.H.S., Kevin McAleenan, urged caution, claiming that the operation was a distraction and a waste of manpower. Among other things, a $4.5 billion funding bill to supply further humanitarian aid at the border has been held up because Democrats worried that the Administration would use the money for enforcement operations. McAleenan had been meeting with members of both parties on the Hill, and there appeared to be signs of progress, before the President announced the ice crackdown. According to an Administration official, McAleenan argued that the operation would also threaten a string of recent gains made by the President. The Trump Administration had just secured a deal with the Mexican government to increase enforcement at the Guatemalan border, and it expanded a massive new program called Remain in Mexico, which has forced some ten thousand asylum seekers to wait indefinitely in northern Mexico. “Momentum was moving in the right direction,” the official said.

On the other side of the argument were Stephen Miller, at the White House, and Mark Morgan, at ice. In the days before and after Trump’s Twitter announcement, Morgan spoke regularly with the President, who was circumventing McAleenan, Morgan’s boss. In meetings with staff, Morgan boasted that he had a direct line to the President, according to the ice officer, who told me it was highly unusual for there to be such direct contact between the agency head and the White House. “It should be going to the Secretary, which I find hilarious, actually, because Morgan was already fired once by this Administration,” the officer said.

Over the weekend, the President agreed to halt the operation. But it’s far from certain whether McAleenan actually got the upper hand. Officials in the White House authorized ice to issue a press release insinuating that someone had leaked important details about the operation and therefore compromised it. “Any leak telegraphing sensitive law-enforcement operations is egregious and puts our officers’ safety in danger,” an ice spokesperson said late Saturday afternoon. This was a puzzling statement given that it was Trump who first publicized the information about the operation. But the White House’s line followed a different script: some members of the Administration, as well as the former head of ice, Thomas Homan, were publicly accusing McAleenan of sharing information with reporters in an attempt to undermine the operation.

For Homan, his involvement in the Administration’s internal fight marked an unexpected return to the main stage. Last year, he resigned as acting head of ice after the Senate refused to confirm him to the post. Earlier this month, Trump announced, on Fox News, that Homan would be returning to the Administration as the President’s new border tsar, but Homan, who hadn’t been informed of the decision, has remained noncommittal. Still, according to the Administration official, Homan and the President talk by phone regularly. Over the weekend, Homan, who has since become an on-air contributor to Fox News, appeared on television to attack McAleenan personally. “You’ve got the acting Secretary of Homeland Security resisting what ice is trying to do,” he said.

 

 

Meanwhile, the President spent the weekend trying to leverage the delayed operation to pressure congressional Democrats. If they did not agree to a complete overhaul of the asylum system at the border, Trump said, he’d greenlight the ice operation once more. “Two weeks,” he tweeted, “and big Deportation begins.” At the same time, his Administration was under fire for holding immigrant children at a Border Patrol facility in Clint, Texas. Two hundred and fifty infants, children, and teen-agers have spent weeks in squalid conditions; they have been denied food, water, soap, and toothbrushes, and there’s limited access to medicine in the wake of flu and lice outbreaks. “If the Democrats would change the asylum laws and the loopholes,” Trump said, “everything would be solved immediately.” And yet, last week, when an Administration lawyer appeared before the Ninth Circuit to answer for the conditions at the facility, which were in clear violation of a federal agreement on the treatment of children in detention, she said that addressing them was not the government’s responsibility. Michelle Brané, of the Women’s Refugee Commission, told me, “The Administration is intentionally creating chaos at the border and detaining children in abusive conditions for political gain.” (On Monday, Customs and Border Protection transferred all but thirty children from the Clint facility; it isn’t yet clear where, exactly, they’ll go.)

President Obama was never popular among ice’s rank and file, but the detailed list of enforcement priorities he instituted, in 2014, which many in the agency initially resented as micromanagement, now seemed more sensible—and even preferable to the current state of affairs. The ice officer said, “One person told me, ‘I never thought I’d say this, but I miss the Obama rules. We removed more people with the rules we had in place than with all this. It was much easier when we had the priorities. It was cleaner.’ ” Since the creation of ice, in 2003, enforcement was premised on the idea that officers would primarily go after criminals for deportation; Trump, who views ice as a political tool to showcase his toughness, has abandoned that framework entirely. “I don’t even know what we’re doing now,” the officer said. “A lot of us see the photos of the kids at the border, and we’re wondering, ‘What the hell is going on?’ ” The influx of Central American migrants, the officer noted, has been an issue for more than a decade now, spanning three Presidential administrations. “No one built up the infrastructure to handle this, and now people are suffering at the border for it. They keep saying they were caught flat footed. That’s a bald-faced fucking lie.”

Trump administration will hire Cuccinelli for senior DHS border role

The Trump administration will hire conservative firebrand and former Virginia attorney general Ken Cuccinelli II to coordinate immigration policy at the Department of Homeland Security, three administration officials said Tuesday.

Cuccinelli will work at DHS in a senior role and will report to acting DHS secretary Kevin ­McAleenan, while also providing regular briefings to President Trump at the White House, according two officials briefed on the appointment.

.. Cuccinelli, who has been hawkish on immigration policy during television appearances that also praise Trump, appears to fulfill the president’s desire to have a forceful personality and a loyalist at the highest levels of DHS. But his arrival risks new instability at the agency, coming six weeks after Trump ousted Secretary Kirstjen Nielsen and replaced her with McAleenan, a long-serving official who was confirmed by the Senate last year as commissioner of U.S. Customs and Border Protection, and who is one of the few administration figures who retains a favorable reputation with lawmakers from both parties.

Mark Krikorian, director of the Center for Immigration Studies, a Washington think tank whose immigration-reduction agenda has had significant influence in the White House, called Cuccinelli “an unusual choice.”

He doesn’t have any immigration experience, but he does have law enforcement experience,” said Krikorian, who said he was “cautiously optimistic” that the appointment would make a difference. The crucial factor, he predicted, would be access to the White House.

“If he does not answer directly to the president, he’s not likely to be able to get much done,” he said.

.. The White House offered the job to Cuccinelli after it was turned down by Tom Homan, the former acting director of U.S. Immigration and Customs Enforcement, according to two officials. Trump also soured weeks ago on Kris Kobach, the Kansas Republican favored by immigration restrictionist groups, according to one senior administration official.

.. “It is bad news for [McAleenan],” said one senior administration official, speaking on the condition of anonymity to provide candid views. “You have someone at the agency that the White House might have in mind to be the next DHS secretary.”

Another former department official predicted Cuccinelli’s lack of authority at the agency and distance from the White House would leave him in a weak position from the outset.

“Putting an immigration czar at DHS is a total waste,” the person said.

The Department of Homeland Security did not respond to inquiries about Cuccinelli’s role. Cuccinelli, who was at the White House on Monday, could not be reached for comment. His expected hiring was first reported by the New York Times.

If the White House is grooming him as a possible replacement for McAleenan, he would face a difficult path to confirmation.

Cuccinelli is deeply disliked by Senate Majority Leader Mitch McConnell (R-Ky.), who has vowed to block Cuccinelli from any Senate-confirmed post for leading efforts in 2014 backing insurgent candidates that hurt the Senate GOP majority, McConnell advisers said.

Two years ago, Cuccinelli signed a letter drafted by GOP activists calling on McConnell to step down.

When Cuccinelli’s name surfaced last month as a potential Nielsen replacement, McConnell told reporters he’d conveyed his unease to the White House. “I have expressed my, shall I say, lack of enthusiasm for one of them . . . Ken Cuccinelli,” McConnell said.

The Virginia conservative, who has a long record of combative television appearances, is even less popular with Democrats. “This is absurd and outrageous,” Sen. Jeff Merkley (D-Ore.) wrote on Twitter. “He doesn’t deserve a taxpayer-funded salary.”

Others more supportive of the move noted that the DHS secretary’s role is challenging enough when there isn’t a migration crisis — and with hurricane season approaching, McAleenan could benefit from a strong personality fully devoted to the border.

In April, more than 100,000 migrants were taken into custody along the U.S.-Mexico border for the second consecutive month, and the numbers in May are on pace to go even higher. McAleenan warned in late March that U.S. agents and infrastructure at the border had hit a “breaking point,” and since then the situation has worsened, leaving holding cells so overcrowded that DHS officials have been transferring migrants out of South Texas by aircraft simply to make room for ever-growing numbers of new arrivals.

Cuccinelli has been a vocal advocate for Trump’s proposed border wall and other measures popular with hard-liners. He has backed constitutional changes to restrict birthright citizenship, urged lawsuits against employers who hire undocumented immigrants and at one point supported denying immigrant workers — including those in the country lawfully — from collecting unemployment benefits if they are fired for not speaking English on the job.

His appointment to DHS has others in the administration worried there will be too many players fighting to establish control over an immigration agenda, with White House adviser Stephen Miller already chafing officials at DHS.

.. One White House adviser said Cuccinelli would advocate for the White House’s aggressive position at the agency. Miller has argued to Trump that others within DHS are trying to stall him.

Jared Kushner, a Confident Negotiator, Finds Immigration Deal to Be Elusive

Jared Kushner, the president’s son-in-law, was confident in his ability as a good-faith negotiator who could find a compromise to end the government shutdown.

His pitch to Democratic lawmakers was simple: He told them he was the person who could “land this plane.”

Buoyed by his success in helping pass a criminal justice bill, Mr. Kushner, a senior White House adviser, agreed to take the lead when the president asked him to find a way to end the monthlong stalemate. He hoped his experience winning over Democrats skeptical of the Trump administration during negotiations for that measure would produce a similarly successful conclusion.

But negotiating a broad immigration deal that would satisfy a president committed to a border wall as well as Democrats who have cast it as immoral proved to be more like Mr. Kushner’s elusive goal of solving Middle East peace than passing a criminal justice overhaul that already had bipartisan support.

For one, Mr. Kushner inaccurately believed that moderate rank-and-file Democrats were open to a compromise and had no issue funding a wall as part of a broader deal.

“If Jared Kushner thinks there is any daylight between House Democratic leadership and rank-and-file members on this issue, then the extent that he lands this plane it will land in the Alamo,” said Representative Hakeem Jeffries, Democrat of New York.

And Democratic leaders like Senator Chuck Schumer, party officials said, did not believe that Mr. Kushner had the power to circumvent Stephen Millera senior policy adviser to the president. In meetings, they also noticed, Mr. Kushner appeared to prop up Mr. Miller as an expert on immigration, noting that Mr. Miller’s reputation as a hard-liner was out of sync with his reasonable nature.

On Friday, President Trump did what Mr. Kushner had privately insisted was not an option on the table: He folded.

A Shutdown Over Something

Legalizing Dreamers for border money would be worth the effort.

The country is yawning as Washington wrangles over another possible government shutdown this weekend, and no wonder. The fight is over a difference of merely $3.4 billion in funding for border security. If Donald Trump really wants a political fight worth having, and a chance to retrieve his public standing, he’d go much bigger and offer legalization for the Dreamers in return for his money.

At this late stage such a trade isn’t likely. Republicans who lost in November want to get out of town, and Democrats figure they’ll be in a stronger position in January when they run the House. We are left with one of those shutdown spectacles in which the rhetoric is so bitter because the stakes are so small.

.. Another possibility is to pass a continuing resolution through the new year and delay the fight until the next Congress convenes. The gambit is that the politics will be cleaner for Republicans when they can blame Democrats who will then be running the House. Yet President Trump is even less likely to prevail on border funding next year without making even larger concessions.

All of which is a reminder of Mr. Trump’s immigration lost opportunity. With his restrictionist campaign credentials, he was perfectly positioned to strike a deal that settled at least some of our immigration dilemmas.

He had leverage with Democrats on the Dreamers

.. The GOP “compromise” bill in June had $23 billion for border security, but it lost in a rout when Mr. Trump offered only diffident support. Mr. Trump was given bad advice by White House aide Stephen Miller and cable-TV scolds that immigration would be the GOP’s killer issue in the fall.

It killed Republicans all right. The summer brought the family separation fiasco, and no amount of last-minute campaign hype about the caravan from Central America could save Republicans in the suburbs. As Minnesota Rep. Erik Paulsen told us early last year, an immigration deal would have given him another accomplishment to tout and removed a vote-mobilizer for Democrats. Mr. Paulsen was among the 30 or so House GOP incumbents who lost.

.. Mr. Trump is in far more re-election trouble than he realizes. He has alienated suburban Republicans with the crude way he behaves, and the many legal and political investigations won’t stop until he has left office, if then. He needs to change voter perceptions. A deal on immigration would show he can solve problems that other Presidents couldn’t.