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City of Berkeley will not hold illegal immigrants for minor offenses
The Daily Californian ^ | June 23, 2012 | Karran Moorer

Posted on 06/24/2012 7:01:43 AM PDT by kevcol

The Berkeley Police Department announced Tuesday that it will not honor its agreement with U.S. Immigration and Customs Enforcement to hold illegal immigrants who are being detained for minor offenses.

At a special meeting of the Berkeley City Council, Police Chief Michael Meehan clarified that a person would have to be determined suspicious — being involved in activities like item intrusion, manipulating or defacing part of an infrastructure, theft, vandalism, or cyber attack — to be detained.

The specific terms have yet to be determined. The council decided to send the policy to the city manager to review what qualifies as a criminal act, after which it will be presented to the council again at a meeting in September.

“Absolutely (the meeting) in September will determine our compliance with ICE,” said Councilmember Jesse Arreguin.

According to Berkeley Peace and Justice Commission Chair George Lippman, this policy change reflects city officials’ desire to establish one in which Berkeley puts its constitutional and human rights values first.

“I applaud the courage of the people making the decision to not comply — rather than ‘honor,’” said activist and former UC Berkeley graduate student Francisco “Pancho” Ramos Stierle. “There’s nothing honorable about kidnapping parents and hard working people — with the ICE hold.”

Stierle was arrested while meditating during a police raid of Occupy Oakland in November and detained because his student visa expired in 2008.

Through a program called Secure Communities, detainees’ fingerprints are run through the federal database, which then sends the data to ICE even if the person has not committed a criminal act. After being turned over to ICE as an undocumented immigrant, Stierle was at risk of deportation, despite having no criminal record.

Stierle’s arrest for non-violent civil disobedience is one of many cases that prompted the city council to make the changes in the department’s compliance with the ICE.

“(Implementing this policy) will address the flaws of Secure Communities to make sure that innocent people don’t get arrested,” Arreguin said.

According to the ICE website, 396,906 illegal immigrants were removed from the United States in 2011 — 54.6 percent of whom were criminal offenders. Arreguin said he considers that percentage to be flawed because of the loose definition of what is criminal.

Many community members concerned with the ICE agreement with Berkeley and other cities expressed their sentiments at the meeting.

“Unfortunately, being an immigrant is like being black in the age of slavery in the United States,” said Berkeley resident Pablo Perez. “(Illegal immigrants) have no idea what it is like to be innocent until proven guilty.”

Others expressed their sentiments about Berkeley police’s compliance with ICE.

“They are using our resources when they should be behind the real criminals, not behind people that work hard,” said Manuel de Paz, a member of the Coalition for a Safe Berkeley.

According to Lippman, although the city was not able to finalize the policies at the special meeting, a conversation about creating a human rights oriented policy was definitely started.

“Berkeley will be the first in the country to have such a policy,” Arreguin said. “This sends a message to Berkeley we should not adopt a policy in which we are giving our employees to a forced federal immigration law.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: California
KEYWORDS: aliens; liberals; openborders; sanctuarycities
Stierle was arrested while meditating during a police raid of Occupy Oakland in November and detained because his student visa expired in 2008.



The only thing surprising about this is that "Pancho" isn't actually the mayor of Berkeley...yet
1 posted on 06/24/2012 7:01:55 AM PDT by kevcol
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To: kevcol

I’d encourage all illegal aliens to move to Berkeley pronto.


2 posted on 06/24/2012 7:05:02 AM PDT by Argus
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To: kevcol
Any city,town,county or state that refuses to cooperate with the INS should lose every nickel it gets from Washington.
3 posted on 06/24/2012 7:05:14 AM PDT by Gay State Conservative (Bill Ayers Was *Not* "Just Some Guy In The Neighborhood")
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To: kevcol

“will not hold illegal immigrants for minor offenses”

...since it’s illegals, “minor” means rape, murder etc.


4 posted on 06/24/2012 7:05:27 AM PDT by albie
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To: kevcol

Minor offenses? Heck, they’re violating federal law being here in the first place. That’s not a minor offense!!!


5 posted on 06/24/2012 7:07:08 AM PDT by SkyDancer ("Ambition Without Talent Is Sad - Talent Without Ambition Is Worse")
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To: kevcol

Pancho has that Che look going on. That pulls in the babes in Berkley. Don’t cry for this wannabee Che, he is doing more than OK.


6 posted on 06/24/2012 7:12:22 AM PDT by dennisw
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To: kevcol

If KIng Edward Obama will not follow the law while making his own laws...then EVOLUTION Occurs.


7 posted on 06/24/2012 7:15:04 AM PDT by JohnD9207 (Mitt better grow a pair or this thing will be over soon.)
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To: Gay State Conservative

Not only that, they should be heavily fined. Say, $10 million per illegal in their jurisdiction.


8 posted on 06/24/2012 7:18:43 AM PDT by fieldmarshaldj (If you like lying Socialist dirtbags, you'll love Slick Willard)
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To: kevcol
Is identity theft and lying on official government documents “minor” offenses?

You try it and see how the feds react.

9 posted on 06/24/2012 7:19:20 AM PDT by Happy Rain ("You may call me a racist but I insist Obama is not God.")
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To: kevcol

54.6 of illegal invaders were criminals...so let’s change the benchmark defining criminals

What can go wrong ?


10 posted on 06/24/2012 7:20:32 AM PDT by Popman (When you elect a clown: expect a circus...)
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To: Gay State Conservative

“Any city,town,county or state that refuses to cooperate with the INS should lose every nickel it gets from Washington.”

That was SUPPOSED to happen to every college that kicked out the ROTC.

Instead, the freaks have been emboldened by the cowardice.


11 posted on 06/24/2012 7:22:12 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: Gay State Conservative

Why bother? Does the INS do anything with them under this administration anyway?


12 posted on 06/24/2012 7:29:38 AM PDT by Dan Nunn (Support the NRA!)
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To: kevcol
Hell, they shouldn't even CITE illegal immigrants for ANY offense.

Geaux Berkeley Geaux!

13 posted on 06/24/2012 8:00:37 AM PDT by Lazamataz (People who resort to Godwin's Law are just like Hitler.)
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To: kevcol

Romney’s second act should be to ensure all Federal funds to Berkeley are immediately stopped.


14 posted on 06/24/2012 8:47:05 AM PDT by freedumb2003 (Guns Walked -- People Died -- Holder Lied -- Obama Golfed (thanks, Secret Agent Man))
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To: kevcol

“...being involved in activities like item intrusion, manipulating or defacing part of an infrastructure, theft, vandalism, or cyber attack...”

Or other common illegal alien activities like insider trading, fine art forgery, and divulging classified State Department documents to the press.


15 posted on 06/24/2012 9:18:45 AM PDT by yefragetuwrabrumuy
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To: kevcol

So basically, if you get arrested for anything in Berkley, just say in broken english you are here illegally and you’re good to go! Just don’t give them reason to think you are a citizen or you’ll get the book thrown at you


16 posted on 06/24/2012 9:26:47 AM PDT by apillar
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To: Argus
I’d encourage all illegal aliens to move to Berkeley pronto.

Yeah, let the students know how safe they'll be now that this has passed.

http://www.securityoncampus.org/index.php?option=com_content&view=article&id=271&Itemid=60

17 posted on 06/24/2012 9:32:28 AM PDT by thecodont
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To: kevcol
City of Berkeley will not hold illegal immigrants for minor offenses

CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 7. (a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or official any obligations or responsibilities which exceed those imposed by the Equal Protection Clause of the 14th Amendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. In enforcing this subdivision or any other provision of this Constitution, no court of this State may impose upon the State of California or any public entity, board, or official any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation, (1) except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, and (2) unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause of the 14th Amendment of the United States Constitution.

Except as may be precluded by the Constitution of the United States, every existing judgment, decree, writ, or other order of a court of this State, whenever rendered, which includes provisions regarding pupil school assignment or pupil transportation, or which requires a plan including any such provisions shall, upon application to a court having jurisdiction by any interested person, be modified to conform to the provisions of this subdivision as amended, as applied to the facts which exist at the time of such modification.

In all actions or proceedings arising under or seeking application of the amendments to this subdivision proposed by the Legislature at its 1979-80 Regular Session, all courts, wherein such actions or proceedings are or may hereafter be pending, shall give such actions or proceedings first precedence over all other civil actions therein.

18 posted on 06/24/2012 9:37:05 AM PDT by Carry_Okie (The Slave Party Switcheroo: Economic crisis! Zero's eligibility Trumped!! Hillary 2012!!!)
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To: Carry_Okie

Thank you for posting this. This ridiculous, dangerous resolution violates the Constitutional rights of Californians.


19 posted on 06/24/2012 9:47:50 AM PDT by thecodont
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To: kevcol

Excellent news!
Any city across the country from me that wants to make itself a magnet for illegal alien thugs and criminals is a-okay in my book.


20 posted on 06/24/2012 9:48:19 AM PDT by Lancey Howard
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To: kevcol

being an illegal seems to be pretty sweet

no taxes
no health insurance
free health care at every emergency room
free school
free cell phone and minutes
‘in-state’ tuition to any college in the country
no penalty for committing any crime, up to murder and drug dealing

and the best part? you get to spit on those paying for everything you’re stealing.. and the media / whitehouse will back you up

(please explain to me again why i’m paying for this? oh yea... the threat of violence. gotcha. how’s this different from a normal mugging? i mean, besides the fact that a mugging ENDS eventually...)


21 posted on 06/24/2012 10:12:28 AM PDT by sten (fighting tyranny never goes out of style)
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To: SkyDancer

“Minor offenses? Heck, they’re violating federal law being here in the first place. That’s not a minor offense!!!”

This just KILLS me on this issue. Because our governments seem to be picking and choosing what laws they should follow and/or enforce, It seems to be reasonable to think that EVERYONE should follow this great example by exercising their new-found freedoms!

This is, of course, is basically the way that the Roman Empire and USSR fell. People simply stopped believing in them, including the leaders themselves.


22 posted on 06/24/2012 10:19:17 AM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: SkyDancer

“Minor offenses? Heck, they’re violating federal law being here in the first place. That’s not a minor offense!!!”

This just KILLS me on this issue. Because our governments seem to be picking and choosing what laws they should follow and/or enforce, It seems to be reasonable to think that EVERYONE should follow this great example by exercising their new-found freedoms!

This is, of course, is basically the way that the Roman Empire and USSR fell. People simply stopped believing in them, including the leaders themselves.


23 posted on 06/24/2012 10:19:40 AM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: kevcol

Wow! Truly a get out of jail free, non card! Illegal aliens don’t have to hold to any standard of decency in berserkly!


24 posted on 06/24/2012 10:24:08 AM PDT by vpintheak (Occupy your Brain!)
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To: kevcol

May all crimes committed by any illegals be directed at the The Berkeley Police Department and their families.


25 posted on 06/24/2012 5:00:38 PM PDT by NoLibZone (I trust Sarah Palin, Dick Cheney, Cain, Perry, Bachman : I trust their judgment on their 2012 pick.)
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