Saturday, June 16, 2007

US 'prepares for a coup by arming Iraqi factions'

Basil Adas
gulfnews.com
Saturday June 16, 2007

Baghdad: The attack that destroyed the two minarets of Al Askari Imams' shrine in Samarra, strengthened fears of Sunni-Shiite sectarian civil war.

The development is in sync with the rearmament run of different factions by Iran and the United States in Iraq, say Iraqi politicians.

Abu Hamza Al Kinani, a former figure in Moqtada Al Sadr's Mahdi Army, told Gulf News: "Iran's Revolutionary Guard used to provide weapons to the Mahdi Army and train its fighters how to trap cars and make roadside explosives."

He added: "The Mahdi Army benefited from former Iraqi army elements who joined it after the overthrow of Saddam Hussain's regime."


Charges

The Shiite bloc's charges against US troops escalated by accusing them of providing weapons to Iraqi Sunni groups. Some Iraqi politicians believe that the US stance aims to counter Iran's continuous arms supply to Shiite militias.

American-Iranian rivalry has instigated anxieties among Iraqis of a possible Sunni-Shiite civil war waged on behalf of the two powers in the country.

Iraq's political and security situation is witnessing uncertain times with the play of conflicting information keeping in mind the United States' September deadline for assessing Iraq's situation.

Awad Abdul Majeed, a political researcher at the Iraqi Strategic Studies Centre, told Gulf News: "The American armament policy depends on supplying the Iraqi Army with weapons, especially the military divisions under the wide and direct supervision of the US army.

"At the same time they are cautious about arming the Interior Ministry forces due to the infiltration of Shiite militias into the office."

"As for Americans equipping Sunni groups with weapons, these are merely Shiite accusations. Yet if things reached this extent, it only indicates that Americans are preparing for a coup to rearrange the Iraqi situation, besides launching a security campaign to eliminate Shiite militias and the Iranian influence in Iraq," Abdul Majeed added.

Iraqi officials announced that there will be a second round of American-Iranian talks in Baghdad, but reality seems different since the start of the first round of talks last May.

The US Army launched more than 40 air raids on the Shiite neighbourhood of Al Sadr to track the Mahdi Army elements. Eight Shiite cells with strong ties with the Iran's Revolutionary Guards were also busted recently.

The Americans accused them of smuggling weapons into Iraq, mostly for the Shiite militias in Al Sadr and Mahmoudiya districts.

Anti-Iranian lobby

Political observers in Karbala, Najaf, Nasseriya and Basra claimed that the American and the British armies are speeding up arming Shiite former Baathist and secular groups which are known for their hostility to Iran and its influence in southern Iraq.

Iraq Contractors Face Growing Parallel War

Steve Fainaru
Washington Post

Saturday June 16, 2007

BAGHDAD -- Private security companies, funded by billions of dollars in U.S. military and State Department contracts, are fighting insurgents on a widening scale in Iraq, enduring daily attacks, returning fire and taking hundreds of casualties that have been underreported and sometimes concealed, according to U.S. and Iraqi officials and company representatives.

While the military has built up troops in an ongoing campaign to secure Baghdad, the security companies, out of public view, have been engaged in a parallel surge, boosting manpower, adding expensive armor and stepping up evasive action as attacks increase, the officials and company representatives said. One in seven supply convoys protected by private forces has come under attack this year, according to previously unreleased statistics; one security company reported nearly 300 "hostile actions" in the first four months.

The majority of the more than 100 security companies operate outside of Iraqi law, in part because of bureaucratic delays and corruption in the Iraqi government licensing process, according to U.S. officials. Blackwater USA, a prominent North Carolina firm that protects U.S. Ambassador Ryan C. Crocker, and several other companies have not applied, U.S. and Iraqi officials said. Blackwater said that it obtained a one-year license in 2005 but that shifting Iraqi government policy has impeded its attempts to renew.


The security industry's enormous growth has been facilitated by the U.S. military, which uses the 20,000 to 30,000 contractors to offset chronic troop shortages. Armed contractors protect all convoys transporting reconstruction materiel, including vehicles, weapons and ammunition for the Iraqi army and police. They guard key U.S. military installations and provide personal security for at least three commanding generals, including Air Force Maj. Gen. Darryl A. Scott, who oversees U.S. military contracting in Iraq and Afghanistan.

"I'm kind of practicing what I preach here," Scott said in an interview on the use of private security forces for such tasks. "I'm a two-star general, but I'm not the most important guy in the multinational force. If it's a lower-priority mission and it's within the capabilities of private security, this is an appropriate risk trade-off."

The military plans to outsource at least $1.5 billion in security operations this year, including the three largest security contracts in Iraq: a "theaterwide" contract to protect U.S. bases that is worth up to $480 million, according to Scott; a contract for up to $475 million to provide intelligence for the Army and personal security for the U.S. Army Corps of Engineers; and a contract for up to $450 million to protect reconstruction convoys. The Army has also tested a plan to use private security on military convoys for the first time, a shift that would significantly increase the presence of armed contractors on Iraq's dangerous roads.

"The whole face of private security changed with Iraq, and it will never go back to how it was," said Leon Sharon, a retired Special Operations officer who commands 500 private Kurdish guards at an immense warehouse transit point for weapons, ammunition and other materiel on the outskirts of Baghdad.

U.S. officials and security company representatives emphasized that contractors are strictly limited to defensive operations. But company representatives in the field said insurgents rarely distinguish between the military and private forces, drawing the contractors into a bloody and escalating campaign.

The U.S. military has never released complete statistics on contractor casualties or the number of attacks on privately guarded convoys. The military deleted casualty figures from reports issued by the Reconstruction Logistics Directorate of the Corps of Engineers, according to Victoria Wayne, who served as deputy director for logistics until 2006 and spent 2 1/2 years in Iraq.

Wayne described security contractors as "the unsung heroes of the war." She said she believed the military wanted to hide information showing that private guards were fighting and dying in large numbers because it would be perceived as bad news.

"It was like there was a major war being fought out there, but we were the only ones who knew about it," Wayne said.

After a year of protests by Wayne and logistics director Jack Holly, a retired Marine colonel, the casualty figures were included. In an operational overview updated last month, the logistics directorate reported that 132 security contractors and truck drivers had been killed and 416 wounded since fall 2004. Four security contractors and a truck driver remained missing, and 208 vehicles were destroyed. Only convoys registered with the logistics directorate are counted in the statistics, and the total number of casualties is believed to be higher.

"When you see the number of my people who have been killed, the American public should recognize that every one of them represents an American soldier or Marine or sailor who didn't have to go in harm's way," Holly said in an interview.

According to the logistics directorate, attacks against registered supply convoys rose from 5.4 percent in 2005, to 9.1 percent in 2006, to 14.7 percent through May 10. The directorate has tracked 12,860 convoys, a fraction of the total number of private supply convoys on Iraqi roads.

"The military are very conscious that we're in their battle space," said Cameron Simpson, country operations manager for ArmorGroup International, a British firm that protects 32 percent of all nonmilitary supply convoys in Iraq. "We would never launch into an offensive operation, but when you're co-located, you're all one team, really."

ArmorGroup, which started in Iraq with 20 employees and a handful of SUVs, has grown to a force of 1,200 -- the equivalent of nearly two battalions -- with 240 armored trucks; nearly half of the publicly traded company's $273.5 million in revenue last year came from Iraq. Globally, ArmorGroup employs 9,000 people in 38 countries.

The company, with headquarters at a complex of sandstone villas near Baghdad's Green Zone, is acquiring a fleet of $200,000 tactical armored vehicles equipped with two gun hatches and able to withstand armor-piercing bullets and some of the largest roadside bombs.

The U.S. Labor Department reported that ArmorGroup has lost 26 employees in Iraq, based on insurance claims. Sources close to the company said the figure is nearly 30. Only three countries in the 25-nation coalition -- the United States, Britain and Italy -- have sustained more combat-related deaths.

A Turning Point

In spring 2004, Holly built the logistics network for Iraq's reconstruction from scratch. The network delivered 31,100 vehicles, 451,000 weapons and 410 million rounds of ammunition to the new Iraqi security forces, and items as varied as computers, baby incubators, school desks and mattresses for every Iraqi government ministry. The network came to rival the military's own logistics operation.

Holly also discovered he was at the center of an undeclared war.

He assembled a small private army to protect materiel as it flowed from border crossings and a southern port at Umm Qasr to the 650,000-square-foot warehouse complex at Abu Ghraib and on to its final destination.

"The only way anything gets to you here is if somebody bets their life on its delivery," said Holly, a burly civilian with a trimmed gray beard who strikes a commanding presence even in khakis, multicolored checked shirts and tennis shoes. "That's the fundamental issue: Nothing moves anywhere in Iraq without betting your life."

The most dangerous link in Holly's supply chain is shipping. It requires the slow-moving convoys to navigate Iraq's dangerous roads. Holly erected a ground-traffic control center in a low-slung trailer near his office in Baghdad's Green Zone. The security companies monitor their convoys in air-conditioned silence, which is shattered by a jarring klaxon each time a contractor pushes a dashboard "panic button," signaling a possible attack.

On May 8, 2005, after dropping off a load that included T-shirts, plastic whistles and 250,000 rounds of ammunition for Iraqi police, one of Holly's convoys was attacked. Of 20 security contractors and truck drivers, 13 were killed or listed as missing; five of the seven survivors were wounded. Insurgents booby-trapped four of the bodies. To eliminate the threat, a military recovery team fired a tank round into a pile of corpses, according to an after-action report.

The convoy had been protected by Hart Security, a British firm that used unarmored vehicles. Within a month, another Hart-led convoy was hit. The team leader informed the ground-control center by cellphone that he was running out of ammunition. He left the cellphone on as his convoy was overrun.

"We listened to the bad guys for almost an hour after they finished everybody off," Holly said.

The attacks represented a turning point in the private war.

Holly vowed he would never again use unarmored vehicles for convoy protection. He went to his primary shipper, Public Warehousing Co. of Kuwait, and ordered a change. PWC hired ArmorGroup, which had armed Ford F-350 pickups with steel-reinforced gun turrets and belt-fed machine guns.

Other companies followed suit, ramping up production of an array of armored and semi-armored trucks of various styles and colors, until Iraq's supply routes resembled the post-apocalyptic world of the "Mad Max" movies.

Bolstered Tactics, Armor

ArmorGroup started in Iraq in 2003 with four security teams and 20 employees. It now has 30 mechanics to support its ground operation. "It's a monster," said Simpson, the country operations manager, strolling past a truck blown apart by a roadside bomb.

ArmorGroup operates 10 convoy security teams in support of Holly's logistics operation. The company runs another 10 to 15 under a half-dozen contracts, as well as for clients who request security on a case-by-case basis, Simpson said.

The company charges $8,000 to $12,000 a day, according to sources familiar with the pricing, although the cost can vary depending on convoy size and the risk. For security reasons, the convoys are limited to 10 tractor-trailers protected by at least four armored trucks filled with 20 guards: four Western vehicle commanders with M-21 assault rifles and 9mm Glock pistols, and 16 Iraqis with AK-47s.

The Western contractors, most with at least 10 years' experience, are paid about $135,000, the same as a U.S. Army two-star general. The Iraqis receive about a tenth of that.

"Every time I think about how it was at the beginning, arriving here with a suitcase and $1,000, and there was no one else around, it's just incredible," Simpson said. "Nobody envisioned that private security companies would be openly targeted by insurgents."

ArmorGroup prides itself on a low-key approach to security. Its well-groomed guards travel in khakis and dark blue shirts. The company's armored trucks are adorned with stickers issued by the Interior Ministry, where the company is fully licensed. Holly's former deputy, Victoria Wayne, said ArmorGroup turned down an opportunity to use more powerful weaponry as the insurgent threat increased.

"As a publicly traded company, they didn't want to be perceived as a mercenary force," she said.

But the company is under constant attack. ArmorGroup ran 1,184 convoys in Iraq in 2006; it reported 450 hostile actions, mostly roadside bombs, small-arms fire and mortar attacks. The company was attacked 293 times in the first four months of 2007, according to ArmorGroup statistics. On the dangerous roads north of Baghdad, "you generally attract at least one incident every mission," Simpson said.

Allan Campion, 36, who joined ArmorGroup after 18 years in the British infantry, said one of his convoys was recently attacked three times on a two-mile stretch outside Baghdad. One bomb exploded near the team leader's vehicle, but the convoy managed to continue, he said. Within minutes, another bomb exploded, followed by small-arms fire.

A firefight ensued as the convoy continued through the "kill zone," Campion said.

"We were still moving, so whether you've hit anybody or not, it's very hard to say," he said.

With the insurgents employing more-lethal roadside bombs, ArmorGroup has responded by changing tactics and spending $6.8 million to bolster its armor. Its new armored "Rock" vehicles are built on Ford F-550 chassis and are favored by ArmorGroup because of a V-shaped hull that provides better protection against roadside bombs.

Chris Berman, a former Navy SEAL who helped design the Rock for North Carolina-based Granite Tactical Vehicles, said its main deterrent is its twin gun hatches. "That gives you twice as much firepower," Berman said. "With two belt-fed machine guns in there, that's enough to chew up most people."

'Caught Up in the Mix'

Built on the site of a former Iraqi tank factory, the Abu Ghraib warehouse complex is known variously as Fort Apache, the Isle of Abu and Rocket City, a reference to when rockets and mortars frequently rained down on the compound.

The bleak, windswept facility consists of 64 buildings spread over a 1 1/2 -mile-long and half-mile-wide area; employees of Public Warehousing (now Agility) -- barricaded inside the fortress -- installed a driving range and a small fishing pond for entertainment. The perimeter is protected by double blast walls, guard towers equipped with belt-fed Dushka machine guns and uniformed Kurdish guards who answer to a military-style rank structure and carry AK-47 assault rifles.

Over the past two years, warehouse personnel "probably average four to six KIA a month and six to eight wounded a month," said Leon Sharon, the Falcon Security representative, dressed in a khaki military uniform with a "Falcon 6" patch identifying him as a field commander for the company.

"It's not a game," Sharon said. "People get killed here trying to go home. People trying to come here get killed because they work here. People on convoy escort get killed because of the materiel that we're shipping out of here. Truck drivers get killed because they get caught up in these ambushes. And you have security personnel who end up caught up in the mix. And the work has to go on as normal."

Attacks on Iraqi employees became so common that a trauma center was set up inside the main warehouse. Dozens of Iraqis, fearful of going home after work, live in barracks-style housing in the compound.

Sharon, 61, of Fort Lauderdale, Fla., is rail thin with a weathered, intelligent face shaped by chain-smoking and four decades of military work. He works out of a small office that is also his bedroom. A humidor sits on his desk. A U.S. flag covers his window. Cartons of Marlboro Reds are stacked behind him near a leather-bound copy of the Koran.

Sharon called Falcon Security a "private military company."

"When you have this many men, you don't manage it as you do a corporation. You manage it very much in the military style," he said. "My men aren't carrying potatoes; they're carrying AK-47s. It's not pilferage we're worried about. It's people storming the walls."

Falcon performs "a military-like role" in Iraq, he said, "with one key exception: We do not, and have no desire to, conduct offensive operations."

But even behind the blast walls, the private and public wars collide, Sharon said. Last year, insurgents attacked a passing U.S. military convoy on a highway outside the gates. Kurdish guards in one of the towers opened fire, killing two insurgents. "The Americans were thrilled," he said.

"All of the work that's being conducted here in Iraq by private security companies would have to be conducted by somebody, and that somebody is U.S. military personnel," he said. "If you had 500 soldiers here, that's 500 less soldiers that you have on the battlefield. And this isn't the only site. There are hundreds of sites around Iraq where you have private security. Where are you going to get this personnel?"

Sharon turns 62 in October. Asked when he planned to leave Iraq, he smiled.

"Last man here, please put the key under the door," he said.

UK becoming a 'police state', UN warns

Press Esc
Saturday June 16, 2007

Counter-terrorism laws are rapidly turning the United Kingdom into a police state, a United Nations independent expert warned today and added that targeting Muslims through religious profiling was counterproductive.

Asma Jahangir, the Special Rapporteur on freedom of religion or belief, was particularly concerned about the new stop and search rules allowing the police to to stop and search an individual without having to show ‘reasonable grounds’ for the action, which the British police themselves have deemed unnecessary.

Such laws are widely believed to target the UK’s Muslim population and “undermine the human rights of all,” Ms. Jahangir said in a statement issued in London after wrapping up an 11-day visit to the country.

“A discriminatory application of stop-and-search powers and religious profiling may ultimately prove to be counterproductive,” she said, but added.


While she understood that States were obliged to adopt measures to thwart terrorism, Ms. Jahangir also noted that she has heard allegations of abuses of counter-terrorism laws, particularly of the provisions which criminalize the failure to disclose information about terrorist acts.

Home Office figures show that although more than 1100 people have arrested on the suspicion of terrorism, only 40 of them have ever been convicted of terrorism related offences.

Civil liberties groups told Ms. Jahangir that, given the media circus that attracts arrests carried out under terrorism legislation, terrorism legislation has blighted the lives of more than a thousand innocent individuals and their families.

Opposition politicians and rights groups also expressed concern to the Special Rapporteur about the mammoth DNA database that the government was building, which now includes genetic records of eight percent of all Britons.

During her visit to the UK, Ms. Jahangir met with Prime Minister Tony Blair, senior Government officials, politicians, non-governmental organizations (NGOs) and academics, while she also toured a school, a prison and an immigration removal centre.

Bin bag 'spy camera' to enforce refuse rules

London Telegraph
Saturday June 16, 2007

A council is to hide a camera in a bin bag to catch residents who do not follow new rules about putting out the rubbish.

Householders in a seaside town have been told to put their bins out at the front of their homes and not in an alleyway to the rear.

They must also leave their rubbish out between set times to ensure it does not attract pests or miss the dust cart.

To enforce the new rules, a camera will be placed in a rubbish bag and left in an alleyway to blend in with the surroundings to catch offenders. Those filmed breaking the rules will be given a ticking off.

Repeat offenders could be handed a fixed penalty notice or even be taken to court and fined up to £1,000.


The tiny covert camera, which has cost Weymouth and Portland Council, Dorset, up to £10,000, will also help catch householders who put their rubbish out too early or too late.

The initiative has shocked local taxpayers. The spy camera is being introduced in the Park district in Weymouth, an area that suffers from fly-tipping. Residents in the area will have to follow strict rules which come into force on June 22.

advertisementThey will only be allowed to put out their rubbish between 8pm and 6am the night before collection and it will have to be at the front of their homes.

Peter Bury, the council environmental health officer, said the camera will help enforce the new rules but also catch fly-tippers, graffiti artists and drug dealers.

He said: "As well as the alleyways we will also place the camera in bushes or a brick wall to catch fly tippers, and drug dealers."

Mr Bury said the device will not be hooked up to a control room and staff will study the footage after a few hours filming.

He said refuse collectors will be alerted as to when and where it will placed in bin bags to stop them carting it off as rubbish. In March, a London borough announced plans to hide cameras in tin cans and bricks to catch out offenders.

Ealing council in west London said the hidden cameras would catch people committing "major envirocrimes".

More than 30 councils have already secretly fitted microchips to wheelie bins as the Government comes under increasing pressure to increase recycling rates.

Iran Strategy Stirs Debate at White House

HELENE COOPER and DAVID E. SANGER
NY Times
Saturday June 16, 2007

A year after President Bush and Secretary of State Condoleezza Rice announced a new strategy toward Iran, a behind-the-scenes debate has broken out within the administration over whether the approach has any hope of reining in Iran’s nuclear program, according to senior administration officials.

The debate has pitted Ms. Rice and her deputies, who appear to be winning so far, against the few remaining hawks inside the administration, especially those in Vice President Dick Cheney’s office who, according to some people familiar with the discussions, are pressing for greater consideration of military strikes against Iranian nuclear facilities.

In the year since Ms. Rice announced the new strategy for the United States to join forces with Europe, Russia and China to press Iran to suspend its uranium enrichment activities, Iran has installed more than a thousand centrifuges to enrich uranium. The International Atomic Energy Agency predicts that 8,000 or so could be spinning by the end of the year, if Iran surmounts its technical problems.


Those hard numbers are at the core of the debate within the administration over whether Mr. Bush should warn Iran’s leaders that he will not allow them to get beyond some yet-undefined milestones, leaving the implication that a military strike on the country’s facilities is still an option.

Even beyond its nuclear program, Iran is emerging as an increasing source of trouble for the Bush administration by inflaming the insurgencies in Iraq, Afghanistan, Lebanon and in Gaza, where it has provided military and financial support to the militant Islamic group Hamas, which now controls the Gaza Strip.

Even so, friends and associates of Ms. Rice who have talked with her recently say she has increasingly moved toward the European position that the diplomatic path she has laid out is the only real option for Mr. Bush, even though it has so far failed to deter Iran from enriching uranium, and that a military strike would be disastrous.

The accounts were provided by officials at the State Department, White House and the Pentagon who are on both sides of the debate, as well as people who have spoken with members of Mr. Cheney’s staff and with Ms. Rice. The officials said they were willing to explain the thinking behind their positions, but would do so only on condition of anonymity.

Mr. Bush has publicly vowed that he would never “tolerate” a nuclear Iran, and the question at the core of the debate within the administration is when and whether it makes sense to shift course.

The issue was raised at a closed-door White House meeting recently when the departing deputy national security adviser, J. D. Crouch, told senior officials that President Bush needed an assessment of how the stalemate over Iran’s nuclear program was likely to play out over the next 18 months, said officials briefed on the meeting.

In response, R. Nicholas Burns, an under secretary of state who is the chief American strategist on Iran, told the group that negotiations with Tehran could still be going on when Mr. Bush leaves office in January 2009. The hawks in the room reported later that they were deeply unhappy — but not surprised — by Mr. Burns’s assessment, which they interpreted as a tacit acknowledgment that the Bush administration had no “red line” beyond which Iran would not be permitted to step.

But conservatives inside the administration have continued in private to press for a tougher line, making arguments that their allies outside government are voicing publicly. “Regime change or the use of force are the only available options to prevent Iran from getting a nuclear weapons capability, if they want it,” said John R. Bolton, the former United States ambassador to the United Nations.

Only a few weeks ago, one of Mr. Cheney’s top aides, David Wurmser, told conservative research groups and consulting firms in Washington that Mr. Cheney believed that Ms. Rice’s diplomatic strategy was failing, and that by next spring Mr. Bush might have to decide whether to take military action.

The vice president’s office has declined to talk about Mr. Wurmser’s statements, and says Mr. Cheney is fully on board with the president’s strategy. In a June 1 article for Commentary magazine, the neoconservative editor Norman Podhoretz laid out what a headline described as “The Case for Bombing Iran.”

“In short, the plain and brutal truth is that if Iran is to be prevented from developing a nuclear arsenal, there is no alternative to the actual use of military force — any more than there was an alternative to force if Hitler was to be stopped in 1938,” Mr. Podhoretz wrote.

Mr. Burns and officials from the Treasury Department have been trying to use the mounting conservative calls for a military strike to press Europe and Russia to expand economic sanctions against Iran. Just last week, Israel’s transportation minister and former defense minister, Shaul Mofaz, visited Washington and told Ms. Rice that sanctions must be strong enough to get the Iranians to stop enriching uranium by the end of 2007.

While Mr. Mofaz did not threaten a military strike, Israeli officials said he told Ms. Rice that by the end of the year, Israel “would have to reassess where we are.”

The State Department and Treasury officials are pushing for a stronger set of United Nations Security Council sanctions against members of Iran’s government, including an extensive travel ban and further moves to restrict the ability of Iran’s financial institutions to do business outside of Iran. Beyond that, American officials have been trying to get European and Asian banks to take additional steps, outside of the Security Council, against Iran.

“We’re saying to them, ‘Look, you need to help us make the diplomacy succeed, and you guys need to stop business as usual with Iran,’ ” an administration official said. “We’re not just sitting here ignoring reality.”

But the fallout from the Iraq war has severely limited the Bush administration’s ability to maneuver on the Iran nuclear issue and has left many in the administration, and certainly America’s allies and critics in Europe, firmly against military strikes on Iran. On Thursday, Mohamed ElBaradei, the head of the international nuclear watchdog agency, warned anew that military action against Iran would “be an act of madness.”

The debate over “red lines” is a familiar one inside the Bush White House that last arose in 2002 over North Korea. When the North Koreans threw out international inspectors on the last day of that year and soon declared that they planned to reprocess 8,000 rods of spent fuel into weapons-grade plutonium, President Bush had to decide whether to declare that if North Korea moved toward weapons, it could face a military strike on its facilities.

The Pentagon had drawn up an extensive plan for taking out those facilities, though with little enthusiasm, because it feared it could not control North Korea’s response, and the administration chose not to delivery any ultimatum. North Korea tested a nuclear weapon last October, and American intelligence officials estimate it now has the fuel for eight or more weapons.

Iran is far behind the North Koreans; it is believed to be three to eight years away from its first weapon, American intelligence officials have told Congress. Conservatives argue that if the administration fails to establish a line over which Iran must not step, the enrichment of uranium will go ahead, eventually giving the Iranians fuel that, with additional enrichment out of the sight of inspectors, it could use for weapons.

To date, however, the administration has been hesitant about saying that it will not permit Iran to produce more than a given amount of fuel, out of concern that Iran’s hard-liners would simply see that figure as a goal.

In the year since the United States made its last offer to Iran, the Iranians have gone from having a few dozen centrifuges in operation to building a facility that at last count, a month ago, had more than 1,300. “The pace of negotiations have lagged behind the pace of the Iranian nuclear program,” said Robert Joseph, the former under secretary of state for international security, who left his post partly over his opposition to the administration’s recent deal with North Korea.

Sen. Sessions Releases List of 20 Loopholes in the Senate Immigration Bill

Sen. Sessions senate.gov

Monday, June 4, 2007


WASHINGTON – U.S. Sen. Jeff Sessions (R-AL) released a list of 20 loopholes in the comprehensive immigration bill today which reveals that the bill is fatally flawed and will not establish a functioning immigration system in the future.

The list of loopholes includes flaws effecting border security, chain-migration and assimilation policies. The list exposes the lack of serious attention given to ensuring that the legislation fixes America’s failed immigration system.
“I am deeply concerned about the numerous loopholes we have found in this legislation. They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system,” Sessions said. “Many of the loopholes are indicative of a desire not to have the system work.”
For example, one loophole in the “enforcement trigger” fails to require the U.S. VISIT system – the biometric border check-in/check-out system established by Congress in 1996, but never implemented – to be fully functioning before new worker or amnesty programs begin. Without the system in place, the U.S. has no method of ensuring that workers and their families do not overstay their visas.
Another flaw in the legislation prevents the benefits of merit-based immigration from taking full effect until 2016. Until then, chain migration into the U.S. will actually triple, compared to a disproportionately low increase in skill-based immigration. As a result, the merit-based system in the bill is only a shell of what it should have been.
A third loophole in the bill allows immigrants to avoid demonstrating a proficiency in English for more than a decade. Illegal aliens are not required to learn English to receive full “probationary benefits” of citizenship. Passing a basic English test is only required for the third Z-visa renewal, twelve years after amnesty is granted.
Sessions will highlight many of the loopholes contained in the list this week during Senate debate on the immigration bill.
A full list of the 20 loopholes is attached.
20 Loopholes in the Senate Immigration Bill
  • Loophole 1 – Legal Status Before Enforcement:
Amnesty benefits do not wait for the “enforcement trigger.” After filing an application and waiting 24 hours, illegal aliens will receive full “probationary benefits,” complete with the ability to legally live and work in the U.S., travel outside of the U.S. and return, and their own social security card. Astonishingly, if the trigger is never met and amnesty applications are therefore never “approved,” the probationary benefits granted to the illegal alien population never expire, and the new social security cards issued to the illegal alien population are not revoked. [See pp. 1, 290-291, & 315].
  • Loophole 2 – U.S. VISIT Exit Not In Trigger:
The “enforcement trigger,” required to be met before the new temporary worker program begins, does not require that the exit portion of U.S. VISIT system – the biometric border check-in/check-out system first required by Congress in 1996 that is already well past its already postponed 2005 implementation due date – to be in place before new worker or amnesty programs begin. Without the U.S. VISIT exit portion, the U.S. has no method to ensure that workers (or their visiting families) do not overstay their visas. Our current illegal population contains 4 to 5.5 million visa overstays, therefore, we know that the U.S. VISIT exit component is key to a successful new temporary worker program. [See pp. 1-2].
  • Loophole 3 – Trigger Requires No More Agents, Beds, or Fencing Than Current Law:
The “enforcement trigger” does not require the Department of Homeland Security to have detention space sufficient to end “catch and release” at the border and in the interior. Even after the adoption of amendment 1172, the trigger merely requires the addition of 4,000 detention beds, bringing DHS to a 31,500 bed capacity. This is far short of the 43,000 beds required under current law to be in place by the end of 2007, or the additional 20,000 beds required later in the bill. Additionally, the bill establishes a “catch, pay, and release” program. This policy will benefit illegal aliens from countries other than Mexico that are caught at the border, then can post a $5,000 bond, be released and never show up for deportation hearings. Annual failure to appear rates for 2005 and 2006, caused in part by lack of detention space, doubled the 2004 rate (106,000 – 110,000 compared with 54,000). Claims that the bill “expands fencing” are inaccurate. The bill only requires 370 miles of fencing to be completed, while current law already mandates that more than 700 miles be constructed [See pp. 1-2, & 10-11, and EOIR’s FY2006 Statistical Yearbook, p. H2, and The Secure Fence Act of 2004].
  • Loophole 4 -- Three Additional Years Worth of Illegal Aliens Granted Status, Treated Preferentially To Legal Filers:
Aliens who broke into the country illegally a mere 5 months ago, are treated better than foreign nationals who legally applied to come to the U.S. more than two years ago. Aliens who can prove they were illegally in the U.S. on January 1, 2007, are immediately eligible to apply from inside the U.S. for amnesty benefits, while foreign nationals that filed applications to come to the U.S. after May 1, 2005 must start the application process over again from their home countries. Last year’s bill required illegal aliens to have been here before January 7, 2004 to qualify for permanent legal status. [See pp. 263, 282, & 306].
  • Loophole 5 – Completion of Background Checks Not Required For Probationary Legal Status:
Legal status must be granted to illegal aliens 24 hours after they file an application, even if the aliens have not yet “passed all appropriate background checks.” (Last year’s bill gave DHS 90 days to check an alien’s background before any status was granted). No legal status should be given to any illegal alien until all appropriate background checks are complete. [See pp. 290].
  • Loophole 6 – Some Child Molesters Are Still Eligible:
Some aggravated felons – those who have sexually abused a minor – are eligible for amnesty. A child molester who committed the crime before the bill is enacted is not barred from getting amnesty if their conviction document omitted the age of the victim. The bill corrects this loophole for future child molesters, but does not close the loophole for current or past convictions. [See p. 47: 30-33, & p. 48: 1-2]
  • Loophole 7 – Terrorism Connections Allowed, Good Moral Character Not Required:
Illegal aliens with terrorism connections are not barred from getting amnesty. An illegal alien seeking most immigration benefits must show “good moral character.” Last year’s bill specifically barred aliens with terrorism connections from having “good moral character” and being eligible for amnesty. This year’s bill does neither. Additionally, bill drafters ignored the Administration’s request that changes be made to the asylum, cancellation of removal, and withholding of removal statutes in order to prevent aliens with terrorist connections from receiving relief. [Compare §204 in S. 2611 from the 109th Congress with missing §204 on p. 48 of S.A. 1150, & see missing subsection (5) on p. 287 of S.A. 1150].
  • Loophole 8 – Gang Members Are Eligible:
Instead of ensuring that members of violent gangs such as MS 13 are deported after coming out of the shadows to apply for amnesty, the bill will allow violent gang members to get amnesty as long as they “renounce” their gang membership on their application. [See p. 289: 34-36].
  • Loophole 9 – Absconders Are Eligible:
Aliens who have already had their day in court – those subject to final orders of removal, voluntary departure orders, or reinstatement of their final orders of removal – are eligible for amnesty under the bill. The same is true for aliens who have made a false claim to citizenship or engaged in document fraud. More than 636,000 alien fugitives could be covered by this loophole. [See p. 285:19-22 which waives the following inadmissibility grounds: failure to attend a removal proceeding; final orders of removal for alien smuggling; aliens unlawfully present after previous immigration violations or deportation orders; and aliens previously removed. This appears to conflict with language on p. 283:40-41. When a direct conflict appears in a statute, the statue is interpreted by the courts to the benefit of the alien.].
  • Loophole 10 – Learning English Not Required For A Decade:
Illegal aliens are not required to demonstrate any proficiency in English for more than a decade after they are granted amnesty. Learning English is not required for an illegal alien to receive probationary benefits, the first 4-year Z visa, or the second 4-year Z visa. The first Z visa renewal (the second 4-year Z visa) requires only that the alien demonstrate an “attempt” to learn English by being “on a waiting list for English classes.” Passing a basic English test is required only for a second Z visa renewal (the third 4-year Z visa), and even then the alien only has to pass the test “prior to the expiration of the second extension of Z status” (12 years down the road). [See pp. 295-296].
  • Loophole 11 – Earned Income Tax Credit Will Cost Taxpayers Billions In Just 10 Years:
Current illegal aliens and new guest workers will be eligible for the Earned Income Tax Credit, a refundable tax credit designed to encourage American citizens and legal permanent residents to work. The Congressional Budget Office estimates that this loophole will cost the U.S. taxpayer up to $20 billion dollars in just the first 10 years after the bill’s enactment. To be consistent with the intent of the 1996 welfare reforms – which limited new immigrants from receiving public benefits until they had been legal permanent residents for five years – the bill should withhold EITC eligibility from amnestied aliens until they become legal permanent residents. Closing this loophole will save the taxpayers billions of dollars. [See p. 293 after S.A. 1190 was adopted, p. 307, p. 315, §606. All that is required for EITC eligibility is a social security number and resident alien status. Nothing in the bill’s tax provisions limit EITC eligibility. The issuance of social security numbers to aliens as soon as they apply for amnesty will ensure they are able to qualify for the EITC.]
  • Loophole 12 – Affidavits From Friends Accepted As Evidence:
Records from day-labor centers, labor unions, and “sworn declarations” from any non-relative (acquaintances, friends, coworkers, etc) are to be accepted as evidence that the illegal alien has satisfied the bill’s amnesty requirements. This low burden of proof will invite fraud and more illegal immigration – even aliens who are not yet in the U.S. will likely meet this burden of proof. DHS will not have the resources to examine whether the claims contained in the “sworn declarations” of the alien’s friends (that the alien was here prior to January 1, 2007 and is currently employed) are actually valid. [See p. 293: 13-16].
  • Loophole 13 – Taxpayer Funded Legal Counsel and Arbitration:
Free legal counsel and the fees and expenses of arbitrators will be provided to aliens that have been working illegally in agriculture. The U.S. taxpayer will fund the attorneys that help these individuals fill out their amnesty applications. Additionally, if these individuals have a dispute with their employer over whether they were fired for “just cause,” DHS will “pay the fee and expenses of the arbitrator.” [See p. 339:37-41, & p. 332: 37-38.]
  • Loophole 14 – In-State Tuition and Student Loans:
In-state tuition and other higher education benefits, such as Stafford Loans, will be made available to current illegal aliens that are granted initial “probationary” status, even if the same in-state tuition rates are not offered to all U.S. citizens. This would normally violate current law (8 U.S.C. §1623) which mandates that educational institutions give citizens the same postsecondary education benefits they offer to illegal aliens. [See p. 321: 8-31].
  • Loophole 15 – Inadequacy of the Merit System:
The “merit system,” designed to shift the U.S. green card distribution system to attract higher skilled workers that benefit the national interest, is only a shell of what it should have been. Though the merit system begins immediately, it will not increase the percentage of high skilled immigrants coming to the United States until 2016, 8 years after enactment. Of the 247,000 green cards dedicated to the merit based system each year for the first 5 years, 100,000 green cards will be reserved for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). From 2013 to 2015, the number of merit based green cards drops to 140,000, and of that number, 100,000 green cards are still reserved each year for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). Even after 2015, when the merit system really begins (in 2016) by having 380,000 green cards annually, 10,00 green cards will be reserved specifically for low skilled workers, and points will be given for many characteristics that are not considered “high-skilled.” For example, 16 points will be given for aliens in “high demand occupations” which includes janitors, maids, food preparation workers, and groundskeepers. [See p.260: 25 – p. 261: 20, p. 262, & The Department of Labor’s list of “occupations with the largest job growth” available at www.bls.gov/emp/emptab3.htm].
  • Loophole 16 – Visas For Individuals That Plan To Overstay:
The new “parent” visa contained in the bill which allows parents of citizens, and the spouses and children of new temporary workers, to visit a worker in the United States is not only a misnomer, but also an invitation for high rates of visa overstays. This new visa specifically allows the spouse and children of new temporary workers who intend to abandon their residence in a foreign country, to qualify to come to the U.S. to “visit.” The visa requires only a $1,000 bond, which will be forfeited when, not if, family members of new temporary workers decide to overstay their 30 day visit. Workers should travel to their home countries to visit their families, not the other way around. [See p. 277:1 – 33, and p. 276: 38-43].
  • Loophole 17 – Chain Migration Tippled Before Being Eliminated:
Though the bill will eventually eliminate chain migration (relatives other than spouses and children of citizens and legal permanent residents), it will not have full effect until 2016. Until then, chain migration into the U.S. will actually triple, from approximately 138,000 chain migrants a year (equal to 14% of the 1 million green cards the U.S. currently distributes on an annual basis) to approximately 440,000 chain migrants a year (equal to 45% of the 1 million green cards the U.S. currently distributes on an annual basis). [See pp. 260:13, p. 270: 29 – pp. 271: 17]
  • Loophole 18 – Back Taxes Not Required:
Last year’s bill required illegal aliens to prove they had paid three of their last five years of taxes to get amnesty. This year, payment of back taxes is not required for amnesty. The bill requires taxes to be paid at the time of application for a green card, but at that time, only proof of payment of Federal taxes (not state and local) is required for the years the alien worked on a Z visa, not the years the alien has already worked illegally in the United States. Though Senator McCain’s S.A. 1190, adopted by voice vote, claimed to “require undocumented immigrants receiving legal status to pay owed back taxes,” the amendment actually only required proof of payment of taxes for “any year during the period of employment required by subparagraph (D)(i).” Since the bill does not contain a subparagraph (D)(i), nor require any past years of employment as a prerequisite for amnesty, the amendment essentially only requires proof of payment of taxes for future work in the U.S., not payment of “back taxes.” [See p. 307, and p. 293 as altered by S.A. 1190, amendment p. 2: 19-20.]
  • Loophole 19 – Social Security Credits Allowed For Some Illegal Work Histories:
Aliens who came to the U.S. on legal visas, but overstayed their visas and have been working in the U.S. for years, as well as illegal aliens who apply for Z visa status but do not qualify, will be able to collect social security credits for the years they worked illegally. Under the bill, if an alien was ever issued a social security account number – all work-authorized aliens who originally came on legal visas receive these – the alien will receive Social Security credits for any “quarters of coverage” the alien worked after receiving their social security account number. Because the bill requires social security account numbers to be issued “promptly” to illegal aliens as soon as they are granted “any probationary benefits based upon application [for Z status]” (these benefits are granted 24 hours after the application is filed), an illegal alien who is denied Z visa status but continues to work illegally in the U.S. will accumulate Social Security credits. [See pp. 316:8 – 16, and pp. 315: 32-39]
  • Loophole 20 – Criminal Fines Not Proportional To Conduct:
The criminal fines an illegal alien is required to pay to receive amnesty are less than the bill’s criminal fines for paperwork violations committed by U.S. citizens, and can be paid by installment. Under the bill, an illegal alien must pay a $1,000 criminal fine to apply for a Z visa, and a $4,000 fine to apply for a green card. Eighty percent of those fines can be paid on an installment plan. Under the bill’s confidentiality provisions, someone who improperly handles or uses information on an alien’s amnesty application can be fined $10,000. Administration officials suggest that the bill’s “criminal fines are proportionate to the criminal conduct.” Why, then, is the fine for illegally entering, using false documents to work, and live one-tenth the fine for a paperwork violation committed by a government official? [See p. 287: 34, p. 317: 9, p. 315:6-8, & remarks made by Secretary Gutierrez on Your World with Neil Cavuto, 4:00 May 31, 2007]