ILLEGAL ALIENS BEING SET FREE (THANKS TO I.C. E. AND ITS DERILICTION OF DUTY)

Arizona Newspaper ^ | July 20, 2006 | Self

[seasoned traditionalist]

Inmates convicted or cleared of human-smuggling charges and presumed to be Illegal were allowed to walk out of jail without being removed from the country because of a disagreement over jurisdiction between the Sheriff's Office and ICE.

At least 17 have walked right out of the jail and into the community - including six who pleaded guilty to human-smuggling felonies - because the ICE refused to transport out of the country the Illegals who were under the controversial coyote law.

"Why would they refuse to pick up the felons?" Sheriff Joe Arpaio asked.

The reason, according to an ICE spokesman, only federal agents with ICE, the Border Patrol and other U.S. Department of Homeland Security officials are legally empowered to determine who is a citizen and who is in the country legally.

[seasoned traditionalist]

As we are not allowed to Post and link Arizona Republic the above and herein is a synopsis.

As someone posted the following from WND (“Bush worried about border-hopping terrorists. Tony Snow says president 'already very concerned about it'”) I believe this hypocritical statement needed to be rebutted.

CONTINUING WITH STORY:

According to a letter by ICE Special Agent in Charge Roberto Medina dated July 6 to Sherriff Arpaio, Medina stated: "Furthermore, only federal officers . . . can place detainers pursuant to the (Immigration and Nationality Act)."

He added: "State and county law enforcement can't make such determinations about 'alienage'."

Maricopa County Attorney Andrew Thomas stated:

"ICE's refusal to pick up and deport acknowledged illegal immigrants arrested by local law enforcement shows that the federal policy of 'catch and release' is still the order of the day," he said. "The federal government's continued unwillingness to perform its basic duty of securing our border makes Arizona's human-smuggling law all the more important."

According to ICE spokesman Russell Ahr, ICE’s decisions are based on priorities: prior criminal history, immigration status, nationality and the nature of the crime they're accused of.

"The purpose of a detainer is NOT TO HAVE AN ILLEGAL ALIEN REMOVED; the purpose is to have A CRIMINAL ALIEN REMOVED, " he said.

RIDICULOUS? IDIOTIC? HOLD ON, IT GETS EVEN BETTER:

”The reasoning for dropping the holds, according to Medina's letter, was that even though the suspects were being held on suspicion of human smuggling, which presupposes they are here illegally, ICE officials determined their interviews had not been conducted by qualified ICE personnel.

QUALIFIED PERSONNEL?

Let's see if I understand this?

A duly appointed Sheriff/Deputy, arrests a person on a suspected criminal activity. Said LEA, discovers that the suspect has no ID and believes suspect is an Illegal Alien.

However, as this Sheriff is NOT an ICE Agent, they are thus disqualified to ascertain if a peson is here illegally or not?

Well, taking that logic to its ridiculous conclusion, therefore, a State or Local LEA, should no longer be able to arrest a person on suspicions of a narcotic violation as he/she is not a Drug Enforcement Agent.

Likewise, a Local/State LEA, should no longer be able to determine whether a person is a "bank robber," or "kidnapper," as they are not the FBI.

ABSOLUTELY, INCREDULOUS, BUT NOT THE LEAST SURPRISING!!!

Well, for all of you who continue to believe that Bush is serious about his claims that he wants to secure the borders, this example should dispel those “myths.”

The buck stops at the Oval Office.

“Stuff” runs downhill.

Chertoff, serves at the pleasure of the President.

Miers, head of ICE, reports to Chertoff.

The ICE idiots who went on record in this article, work for Miers.

My opinion: Some heads should roll over this.

For the complete article, simply go to Drudge http://www.drudgereport.com and click “Sheriff, federal agency at odds on caught immigrants; Undocumented being set free.”

[DumpsterDiver]

ping

[NormsRevenge]

Thanks for the thread, I saw that article.

Pretty sad affair , letting known coyotes walk away,, just so they can be caught again and again down the road..

[Knitting A Conundrum]

ICE is currently horribly underfunded. Tell congress to give them enough funds to deal with both terrorists (which they are funded to deal with) and illegals.

Congress does this too often. An agency gets up with responsibilites, then Congress underfunds it, then Congress does an investigation about why it's not doing its job, then congress chastises it for not fulfilling its mandate, and then goes on to not fund it enough to do its mandate.

ICE does not have the resources to deal with illegals. Tell congress to give them the resources!

[Edgerunner]

Working for ANY government causes neurons to shut down. The longer you work for them, the more neurons shut down. These ICE people must be long term employees of the government!

[seasoned traditionalist]

"ICE is currently horribly underfunded. Tell congress to give them enough funds to deal with both terrorists (which they are funded to deal with) and illegals"

I can appreciate that rationale and even, accept it.

HOWEVER, if that were the case, then all the idiot ICE people quoted in article could as easily had used that excuse, and legitimately, I might add.

You need to read the article and examine their reply as to why they refuse to accommodate or support local LEA when it comes to illegal aliens.

Manpower or lack thereof, does not enter into this equation.

The lack of willingness to cooperate with local/state LEA due to a "perceived" law (which is NOT accurate, by the way)leads to this situation which simply shows the hypocrisy of the entire securing the border issue.

Lets face it, W and this entire administration is NOT serious about steming--much less stopping--the flow of illegals into this country.

Like the Dims, don't you know, its all about (possible) votes.

[Jameison]

The president has really gone to sleep on illegal immigration.
It's one great big blind spot he has.

[machogirl]

you would think with the disaster of readership over at the RAG, they would be happy with anyone reading their garbage and would be happy to have a link.

you can lead a horse to water (a RAG to readers) but you can not make it drink (a RAG trying to save any readers they have left)

[upchuck]

FWIW, and just to set the record straight, you could have posted a link. From JimRob's no-no list [emphasis mine]:

05/06/04 -

Received another letter from Gannett Publications, publisher of USAToday, and several other newspapers. Due to contractual arrangements they have with third-party content providers, they have denied our request to allow posting of excerpts. They will only allow the posting of titles and links.

Please do not post full text or even excerpts from the following Gannett Web sites:

GANNETT NEWSPAPERS ON THE WEB:

Arizona
The Arizona Republic, Phoenix
etc.

To my knowledge, no organization bans the posting of a link on Free Republic.

FWIW, I cannot find the link on Drudge you referenced. Nor can I find a link at the Arizona Republic web site for this article. Do you have a link?

[PsyOp]

Ping.

[MarcusTulliusCicero]

Gee, maybe this is why the unqualified Julie Myers was appointed by the President to head ICE.

[seasoned traditionalist]

Thanks for heads up and info.

Sort of a newbie and don't want to create any unnecessary problems for anyone by doing anything unto-wards or inappropriate.

[hosepipe]

National Security is a Chinese Fire Drill, immigration is just a symptom.. with Keystone Cops thrown in to further confuse the issue(s)...

I am not amused... Can you hear the laugher coming from the Mexican Government?.. Which are Drug Cartels, you know.. The Mexican government has always been mobsters, from day one.. They must own many american politicians.. Hosepipe is gettin very very, mad!...

[Marine Inspector]

If you don't like the law, get Congress to change it.

[PsyOp]

I can tell you that this crap comes from the top. The rank and file Immigration/ICE agents would happily transport them to the nearest border, but are being issued directives not to. Failure to toe that line is pretty much a carreer ender.

As you said. Chertoff serves at Bush's pleasure. He's doing what Bush wants him to do. Bush has no desire to close the border. The token noises he has made recently are oly a result of massive pressure from the party base.

"Jurisdiction" is just the latest stall tactic from the White House.

[Brian Allen]

<< ICE is currently horribly underfunded. >>

One brass Razoo would be too much.

Give that ICE, (as is every other of the feral gummint's unlawful, illegal, frequently criminal and invariably un-Constitutional departments and "agencies") is top to bottom filled with activist-DNC operatives and is currently, as ever, but an un-and-anti-American component part of the vast corporative criminal enterprises also known as the "Democratic" party.

BUMPping

[ncountylee]

And these are the fools that we are asked to trust to implement "comprehensive immigration" reform? No thank you, Mr.President. Can we please stem the invasion before any discussion of guest workers is considered? A wall is the reasonable first step, is it not?

[Marine Inspector]

Congress, when it voted not to fund the border fence, also decided not to fund the hiring of 800 more ICE Agents.

Don't blame ICE, because Congress won't give them money or manpower.

[seasoned traditionalist]

"If you don't like the law, get Congress to change it."

And just WHICH law might that be?

HOW ABOUT THIS ONE:

Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or * knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

ENFORCEMENT

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

THIS IS THE SECTION YOU AND ALL OTHERS NEED TO READ OVER AND OVER AND OVER AS IT DOES NOT APPEAR MOST ARE AWARE OF THIS STATUTE

"State and local law enforcement officials HAVE THE GENERAL POWER to investigate AND ARREST VIOLATORS OF FEDERAL IMMIGRATION STATUTES WITHOUT PRIOR INS KNOWLEDGE OR APROVAL OF FEDRAL AS LONG AS THEY ARE AUTHORIZED BY STATE LAW."

"There is NO extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws."

"Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S."

"Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S."

ICE

"United States Immigration and Customs Enforcement (ICE) is the largest investigative arm of the United States Department of Homeland Security (DHS) and is responsible for identifying and dismantling vulnerabilities regarding the nation's border, economic, transportation and infrastructure security. Employing approximately 15,000 people, ICE is charged with the enforcement of over 400 federal statutes within the United States and maintains attaches at major U.S. embassies oversees. As such, ICE Special Agents arguably possesses the broadest investigative authority within the United States Government. The mission of ICE is to protect America and uphold public safety by targeting the people, money and materials that support terrorist and criminal activities. ICE is led by an Assistant Secretary who is appointed by the President of the United States and confirmed by the U.S. Senate. The Assistant Secretary reports directly to the Secretary of Homeland Security"

OKAY, FRIEND. NOW, WHAT SAY, YOU?

[mysterio]

Immigration laws won't ever be enforced. The immigrants work cheap. We only need one law if we want the problem solved. $10,000 fine per day per illegal employed, whether you know they are illegal or not. Strictly policed. That would solve the problem overnight.