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Tuesday, August 31, 2010

Obama Amnesty Is Here

Tom Fitton, President, Judicial Watch: Concerned about the Obama administration’s plan to grant amnesty to illegal aliens? Guess what. It’s already happening. According to The Houston Chronicle:
The Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts.

Culling the immigration court system dockets of noncriminals started in earnest in Houston about a month ago and has stunned local immigration attorneys, who have reported coming to court anticipating clients' deportations only to learn that the government was dismissing their cases.
In some instances, the article notes, illegal aliens who have been convicted of crimes will be allowed to stay in the country as long as these crimes do not involve a DWI, family violence or sexual assault. But other than those specific circumstances, right now it appears the other deportation candidates are in the clear. (Most of these folks are in the system because they were arrested for committing crimes, so to release those who have only been “convicted” means that illegal alien violent criminals are being set free.)The court "was terminating all of the cases that came up," said one immigration attorney who was notified that the government requested dismissals in three of his deportation cases. "It was absolutely fantastic."

According to an Immigration and Customs Enforcement (ICE) memo, this new policy could impact up to 17,000 cases.

And what is the justification for this lawlessness? The Obama administration is pretending it does not have enough money to do its job of deporting all aliens living in the United States illegally.

So there you have it folks. The Obama administration has decided that neither the will of the American people nor the rule of law matter at all. Obama is implementing illegal alien amnesty by hook and by crook. But are we really all that surprised?

Remember, it was just a few weeks ago that an Obama administration memo surfaced outlining a comprehensive strategy to grant amnesty without approval by Congress. The two-faced Obama administration vehemently downplayed the significance of the memo. (Administration officials called it “brainstorming.”) But all the while the administration continued to push forward with its backdoor amnesty plan.

Following the memo’s disclosure, on August 23 Judicial Watch joined a number of other conservative organizations and sent a letter to the president expressing our extreme dissatisfaction with the Obama administration’s unlawful strategy as outlined in the memo:
“There have been reports that your administration is considering usage of its administrative authority to effectively legalize significant numbers of illegal aliens. We strongly urge that you refrain from pursuing that tactic. We believe that such an abuse of power would further polarize the immigration issue, which already is so controversial that reasonable discussion is confounded.”
The letter (and a related press conference that included Judicial Watch’s Chris Farrell) earned widespread press coverage: “A group of conservative activists slammed the Obama administration Monday for allegedly planning to use its administrative authority to undercut immigration restrictions in the wake of congressional inaction on a comprehensive reform bill,” CNN’s Paul Courson wrote. “In a letter sent to the White House, leaders of 17 conservative grass-roots organizations cited reports that the administration is considering using its executive power ‘to effectively legalize significant numbers of illegal aliens.’”

But nonetheless, President Obama has failed to alter his administration’s reprehensible and unlawful behavior one single bit. And it is causing a revolt in the Immigration and Customs Enforcement bureaucracy. Even the liberals at The Washington Post have noticed that ICE’s front-line immigration enforcement personnel are opposing the non-enforcement program being implemented by Obama political appointees. In a rare action, a major ICE union announced a unanimous vote of “no confidence” in the Obama leadership team at ICE. The detail of the union's complaint is devastating and documents a crisis of law enforcement at ICE. The union notes, for instance, that:
Criminal aliens incarcerated in local jails seek out ICE officers and volunteer for deportation to avoid prosecution, conviction and serving prison sentences. Criminal aliens openly brag to ICE officers that they are taking advantage of the broken immigration system and will be back in the United States within days to commit crimes, while United States citizens arrested for the same offenses serve prison sentences. State and local law enforcement, prosecutors and jails are equally overwhelmed by the criminal alien problem and lack the resources to prosecute and house these prisoners, resulting in the release of criminal aliens back into local communities before making contact with ICE. Thousands of other criminal aliens are released to ICE without being tried for their criminal charges. ICE senior leadership is aware that the system is broken, yet refuses to alert Congress to the severity of the situation and request additional resources to provide better enforcement and support of local agencies.
What an ugly mess caused by the Obama administration’s radical hostility to the rule of law! And U.S. citizens and legal alien residents suffer as a result.
Judicial Watch’s investigations team is on top of this burgeoning scandal, trying to uncover the details behind this de facto amnesty. More to come…

Judicial Watch Counters Obama Legal Assault on SB 1070 in New Court Brief
While the Obama White House continues with its stealth illegal alien amnesty strategy, the administration’s legal assault against SB 1070, Arizona’s tough new illegal immigration law, continues. Just this week, Judicial Watch filed a brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of our client Arizona State Senator Russell Pearce, the author of the SB 1070. (You’ll recall Judicial Watch filed a motion to intervene on behalf of State Senator Pearce in the Obama administration’s lawsuit seeking to invalidate the law altogether.)
On July 28, 2010, just hours before the law was to take effect, a federal court judge put a hold on several of the legislation’s key provisions to determine if they are constitutionally sound. The court filing asks the appellate court to reverse the partial preliminary injunction granted by the lower court and to allow all of the provisions of the law to be enforced immediately.

Here’s how we summarize Senator Pearce’s argument in our brief: “Even though the Arizona Legislature has done nothing more than enact a series of law enforcement provisions under its well-recognized police powers to protect its citizens from serious public safety concerns, the district court has denied Arizona law enforcement officials the opportunity to reasonably interpret and apply the provisions in a constitutionally valid manner.”
In other words, SB 1070 is completely consistent with federal law.

With respect to the four specific provisions the court prevented from taking effect, here’s a summary of how we addressed each of them. (You can read the brief in its entirety here):
  • Section 2(B) [reasonable attempt to determine a person’s immigration status] imposes no “new” burden on lawfully present aliens because Arizona law enforcement officials have the discretion to inquire about a person’s immigration status regardless of Section 2(B). Section 2(B) also does not place any undue burden on federal resources because Congress has mandated that the federal government respond to requests from state and local law enforcement officers about persons’ immigration status.
  • Section 3 [willful failure to complete or carry an alien registration document] does not regulate the conditions under which a lawfully present alien may remain in the country. Instead, Section 3 utilizes ordinary state police powers to create criminal penalties for the failure to comply with a federal registration scheme.
  • Invoking Arizona’s broad authority to regulate employment under its police powers, Section 5 [unlawful employment of illegal aliens] seeks to strengthen Arizona’s economy by protecting the state’s fiscal interests and lawfully resident labor force from the harmful effects resulting from the employment of unlawfully present aliens.
  • Section 6 [warrantless arrest] does not grant Arizona law enforcement officers the authority to determine whether an individual has committed a public offense that makes him removable. Section 6 only authorizes Arizona law enforcement officers to make a warrantless arrest of an individual who has already been determined to have committed a public offense that makes him removable.
We conclude by asking the appellate court to lift the preliminary injunction and to allow all of the provisions of SB 1070 to be enforced immediately. State Senator Pearce specifically crafted SB 1070 to be entirely consistent with federal law. The district court jumped the gun by invalidating components of the law on a purely speculative basis. It is shameful that the Obama administration has chosen to mount a legal assault against the State of Arizona for simply trying to protect its citizens. It is little wonder that the situation at the border continues to deteriorate given the Obama administration’s unwillingness to secure the border and enforce the law. We hope the appellate court respects the rule of law and allows SB 1070 to be put into full force.
State Senator Pierce agrees, saying:
This ought to be a no-brainer for the courts. I hope the appeals court allows our state to enforce the rule of law because the Obama administration doesn’t seem to care one whit for the safety of the citizens of Arizona. SB 1070 simply reflects federal immigration law. This Obama team doesn’t want immigration laws enforced — but that doesn’t mean that Arizona can’t take common sense steps to protect its own citizens.
According to the Phoenix Journal, 22 states are currently considering legislation modeled after Arizona’s SB 1070. So this battle, which began in Arizona, has gone national. And you can be sure that Judicial Watch will be right in the middle of it fighting on the side of the rule of law.

Tags: Judicial Watch, Obama administration, amnesty, illegal aliens, Arizona, SB 1070 To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Monday, August 30, 2010

Brewer condemns report to UN mentioning Arizona law

NewsMax: Arizona Gov. Jan Brewer is demanding that a reference to the state's controversial immigration law be removed from a State Department report on human rights. The United States lists its legal challenge to Arizona's immigration enforcement measure on a list of ways the government is protecting human rights. It's part of a report to the United Nations High Commissioner on Human Rights. In a letter Friday to Secretary of State Hillary Clinton, Brewer says it is "downright offensive" that a state law would be included in the report.[Full Article]

Tags: Jan Brewer, Governor, Arizona, U.S. UN, State Department, immigration law, border security, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Sunday, August 29, 2010

New Immigration Policy Halts Some Illegal Immigrant Deportations

Fox News: Federal authorities have issued a new policy aimed at stopping deportation proceedings for some illegal immigrants, according to a memo issued by U.S. Immigration and Customs Enforcement. The memo, which ICE released on Aug. 20, could affect up to tens of thousands of illegal immigrants who are married or related to a U.S. citizen or a legal resident who has filed a petition on their behalf. Illegal immigrants with criminal convictions will not qualify under the plan. ICE Assistant Secretary John Morton wrote the memo to Peter Vincent, principal legal adviser and head of the agency's removal operations.

The memo directs ICE attorneys to check cases of detained illegal immigrants for any "serious" or "adverse" factors weighing against dismissal, including criminal convictions, fraud, national security and public safety considerations. "If no investigations … or serious adverse factors exist, the offices of chief counsel should promptly move to dismiss proceedings," the memo reads. "Once the Field Office Director is notified, the FOD must release the alien."

The change in policy could affect thousands of the estimated 17,000 pending removal cases. According to ICE data, nearly 40,000 immigrants obtained U.S residency status due to sponsorship of relatives who were legal residents in fiscal year 2009. By comparison, more than 393,000 illegal immigrants were deported during that same span.

Sen. Chuck Grassley, R-Iowa, likened the change to a "free pass" for illegal immigrants, a characterization federal authorities denied. “Actions like this demoralize ICE agents who are trying to do their job and enforce the law,” Grassley told The New York Times. “Unfortunately, it appears this is more evidence that the Obama administration would rather circumvent Congress and give

A Department of Homeland Security official told Fox News that the new policy was designed in July 2009 to improve docket efficiency. Richard Rocha, ICE's deputy press secretary, said the agency remains focused on removing foreign nationals who have criminal convictions. "This administration is committed to smart, effective immigration reform, prioritizing the arrest and removal of criminal aliens and those who pose a danger to national security,'' Rocha said in a statement. "In 2010 to date, ICE has removed more than 150,000 convicted criminals -- a record number. "ICE is not engaged in a 'backdoor' amnesty and has placed more people in immigration proceedings this year than ever before.  ICE has implemented a new policy to expedite the removal of criminal aliens and those who pose a danger to national security by ensuring these cases are heard."

Tags: Fox News, ICE, Sen. Chuck Grassley, R-IA, border security, immigration policy, deportation, illegal aliens, backdoor amnesty To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Thursday, August 26, 2010

Gaming the Border: a Report from Cochise County, Arizona

Te below 10-minute report that exposes the weaknesses of the federal government's efforts to secure the Tucson Sector. The report also goes into the political motivation of the DHS strategy to "secure" the border and features an interview with an illegal alien holding multiple jobs with fast food chains in Maryland who successfully made his way, undetected, across the border in Arizona.

WASHINGTON -- Federal officials routinely assure the public that they are gaining control over the Arizona border. Despite these assurances, "Gaming the Border: a Report from Cochise County, Arizona," shows why the border there remains porous, as illegal immigrants avoid the Border Patrol and walk around checkpoints on highways north of the border.

The video opens at the Cochise County ranch of John Ladd, whose family homesteaded the land in 1896. Ladd describes repeated sightings of illegal immigrants from his kitchen window. The report shows video of illegal immigrants running across his property to rendezvous with smugglers driving on nearby Highway 92.

The video also includes multiple scenes recorded by cameras hidden alongside trails through the 14,000-acre ranch. It shows not only dozens of illegal immigrants hiking northward, but also a group of three drug smugglers carrying bundles wrapped in burlap. That is the method smugglers commonly use to move marijuana to points where they rendezvous with vehicles that carry the load northward.

The illegal activity continues despite the fence that marks the border at the southern edge of the Ladd ranch. The report makes the point that the fence isn't much of an obstacle, especially when the Border Patrol is not around.

The video shows that one of the most active smuggling corridors lies just west of the Ladd Ranch, through the Huachuca Mountains. It features excerpts from an interview with an illegal immigrant from Mexico who was part of a group of 11 persons that hiked over the Huachucas in November. After descending into the outskirts of Sierra Vista, the group was met by two vehicles that took them a short distance before dropping them off south of a Border Patrol checkpoint. They then walked around the checkpoint, meeting vehicles farther north that took them to Tucson. The illegal immigrant paid $2,800 to be smuggled from the border to Maryland, where he is now working in two fast food restaurants.

Brandon Judd, president of the union that represents non-supervisory Border Patrol agents in the Tucson sector, also appears in the video. He talks about the Border Patrol's lack of manpower to control the trails through the Huachucas and the flanks of the highway checkpoints.

Tags: Hidden Cameras, Illegal Immigration, Illegal Immigrant, llegal Entrant, Illegal Alien, Arizona, Border Fence, Smuggling, Border Patrol, Barack Obama, alien smuggling, aliens, immigration, DHS, National Parks, federal lands, environmental damage,dru Mexico, CIS, Center for Studies, SB1070, Federal Bureau of Land Management, drug cartels, drugs, violence, Huchucas, ranchers, ranch, video To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Wednesday, August 25, 2010

Confused? Do Arizona Republican Voters Prefer Amnesty

Editor's Comment: At Blogs For Borders, we clearly understand that all elections are local and that it it is  up to the people of that State, County, etc. to make their choices to represent them.  But what happened yesterday in Arizona's Republican Primary election has clearly confused others outside of Arizona who have supported Arizona's efforts to confront  problems created by illegals invading the United States.

Since the primary was a Republican primary which involved Sen. John McCain, we are sharing the following article from a republican / conservative website, GOPUSA, which shares the frustration over Arizonans  re-electing McCain in the primary.  Arizona clearly are willing to once again rely on McCain to nationally address border security and illegal immigration issues. 

However, others who are concerned about "American sovereignty, border security and a sane immigration policy" have their doubts.  They question if the future Sen. John McCain will be any different than the past compromising Sen. John McCain as a credible voice in addressing border security and stopping the invitation of America.  After all, it was presidential candidate John McCain who said the Barack Obama was "a person you do not have to be scared of as president of the United States."  How is that working out for McCain every time, Obama insults or dismisses him?

Posted by "The Scribe" at GOPUSA: What is any good Tea Party patriot to think about Arizona voters after they have just returned John McCain to office? This is the state that leads the country with immigration enforcement efforts and then turns around and sends a pro-amnesty senator back to D.C. Do conservatives still want the status quo? Excuse me if I am confused.
Sen. John McCain (R-Ariz.) spent more than $20 million on his way to victory over primary rival J.D. Hayworth (R). McCain captured 59 percent of the vote Tuesday to 29 for Hayworth. Navy veteran Jim Deakin took 11 percent. The Associated Press called the race for McCain shortly after the early returns were in.
Arizona voters fight illegal immigration by supporting Gov. Brewer and their legislature's ground breaking law on the one hand, but on the other they return the biggest amnesty seeking senator to DC. What are they thinking?
To shore up his right flank, McCain drifted away from some of the issues he championed years ago. He gave a muted response to the recent Supreme Court decision that lifted restrictions he helped pass on campaign spending. He also stopped pushing for immigration reform and instead touted his support for increased security along the border -- including a fence he once opposed. [Read the rest]
Don't voters in Arizona realize that McCain will again support amnesty? Don't they know that he will again cross the aisle to make nice with radical Obama Democrats? Tea Party conservatives have worked hard in the last two years to change America. It must be very disheartening to see the Beltway's biggest RINO returned to the Senate by the voters of Arizona.

Here is a bit of what Sen. McCain had to say last night.
I'm convinced that Republicans will win in November and we will regain the majorities in both the Senate and the House. And we will win House seats here in Arizona. And when we do, we will stop the out of control spending and tax increases and repeal and replace Obamacare. We will keep families in their homes, we will create new jobs and we will allow our businesses to grow without Washington interference. We will secure our borders, defend our nation and bring our troops home from Afghanistan with honor and victory.
Maybe you have to live in Arizona to believe that. It doesn't seem to be working here.

Tags: GOPUSA, Arizona, primary, 2010 election, John McCain, Us Senate, RINO, amnesty, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Tuesday, August 24, 2010

In 2004 Illegal Alien Votes Illegally, in 2010 Feds Making Him A Citizen

In 2004 an illegal immigrant in Cooksville, Tennessee voted illegally. In 2010 the federal government wanted Tennessee to allow this illegal to become a citizen! [Video]

H/T Kenneth Wallis, Little Rock Immigration Examiner, for the lead on this news story

Tags: illegals voting, illegal, voting, voting illegally, Cooksville, TN, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Monday, August 23, 2010

22 States Considering Arizona Style Immigration Legislation

By Fred Lucas, CNSNEWS.COM — Twenty-two states are now in the process of drafting or seeking to pass legislation similar to Arizona’s law against illegal immigration. This is occurring despite the fact that the Obama administration has filed a lawsuit against the Arizona law and a federal judge has ruled against portions of that law – a ruling that is now being appealed.

Next month, two Rhode Island state lawmakers, a Democrat and a Republican, will travel to Arizona to speak with Republican Gov. Jan Brewer, local sheriffs, and other officials about how to better craft their own bipartisan immigration bill for Rhode Island, which already has been enforcing some federal immigration laws.

Meanwhile, 11 Republican state lawmakers from Colorado traveled to Arizona this week to meet with officials there on how to craft legislation for the Mile High state.

In addition, Alabama House Republicans announced this week that they would seek to “push an illegal immigration bill similar to the recently approved Arizona law.” This law would “create a new criminal trespass statute that allows local law enforcement to arrest illegal immigrants for simply setting foot in Alabama,” said Alabama’s House Minority Leader Mike Hubbard.

In Florida, proposed legislation against illegal immigration has been retooled to address some concerns raised by a federal judge who blocked the proposed bill, though it would still allow Florida state police to enforce immigration law.

In all, there are 22 states considering copycat legislation from the Arizona law against illegal immigration . . . . [Full Article]

Tags: Arizona, other states, immigration laws, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Sunday, August 22, 2010

Despite Record Spending, Congress Failed to Fund Detention Space to Hold Captured Illegals From Terror-Sponsoring Countries

By Penny Starr,(CNSNews.com) - Even as Congress increased overall federal spending from a then-record ;$2.6 trillion in fiscal 2006 to $3.6 trillion in fiscal 2010, it only appropriated enough funds for the Department of Homeland Security to provide a fraction of the additional 40,000 detention spaces for illegal aliens that had been authorized by an immigration law approved in 2004.

Because it lacked adequate detention space, DHS says it was forced over the last three years to release hundreds of thousands of illegal aliens it had caught and were being processed for deportation. Among these, as CNSNews.com recently reported, were 481 illegal aliens from state sponsors of terror and other "countries of interest" that DHS caught and released in fiscal years 2007-2009 and who are now fugitives whose wherabouts is unknown.

These 481 caught-and-released fugitive illegal aliens from terror sponsors and "countries of interest" include 97 citizens of Nigeria, the country from which Northwest Flight 253 hijacker Umar Farouk Abdulmutallab hailed. They also include 8 citizens of Yemen, the country where Abdulmutallab was recruited by al Qaeda, as well as 87 Pakistanis, 34 Lebanese, 29 Iranians, 22 Somalians, 14 Sudanese, 13 Syrians, 8 Algerians, 4 Afghans, and 2 Saudia Arabians.

Syria, Iran and Sudan (along with Cuba) are designated by the U.S. State Department as sponsors of terrorism. Nationals of the other countries were singled out by DHS for enhanced security scrutiny when boarding U.S.-bound flights after the attempted Christmas Day bombing of Northwest Flight 253.

Yet in recent years when nationals of these countries were found to be illegally in the United States, they were not automatically detained while undergoing the deportation process--allowing some of them to become fugitives.

Congress has been uncharacteristically frugal in funding detention spaces for illegal aliens despite a 2004 law that specifically authorized and directed DHS to increase the number of detention beds by 8,000 per year--for a total of 40,000--in the fiscal years from 2006 to 2010. Had the 2004 authorization been followed up with the necessary annual appropriations, it would have increased the number of detention beds available for illegal aliens from roughly 20,000 to 60,000.

Congress, however, did not make all the necessary appropriations.

In 2006, Congress did provide a special appropriation of $3 billion to DHS to enhance border security. This included a provision for increasing the detention beds to 45,000, but those beds were not added. Currently, there are only 33,400 beds available for detaining illegal aliens--and some critics charge not all of those are being used.

As reported earlier by CNSNews.com, Immigration and Customs Enforcement (ICE), a division of DHS, cited the lack of bed space as the reason it released the 481 illegal aliens in fiscal years 2007-09 from state sponsors of terroris and countries of interest who went on to become fugitives. CNSNews.com was able to determine that these aliens became fugitives by filing a Freedom of Information Act request for DHS data on aliens apprehended by DHS in fiscal years 2007-2009.

As ICE spokeswoman Gillian Brigham told CNSNews.com: “On any given day, the immigration detention system has about 32,000 beds available for people going through immigration proceedings. There are 1.6 million people going through some kind of immigration court proceeding. So you can’t detain everyone.”

“We have to prioritize who we put in detention,” she said.

Had the 40,000 additional detention beds authorized by the 2004 law been funded by the Congresses in power since 2006, the number of beds available would have risen from 20,800 in 2006 to 60,800 this year. Currently, at peak capacity, DHS now has 33,400 available.

Furthermore, critics charge that ICE is not making sufficient use of those 33,400 beds.

In his opening statement at a Mar. 11, 2010 hearing on ICE’s 2011 budget, for example, Rep. Harold Rogers (R-Ky.), the ranking member on the Homeland Security Appropriations Subcommittee, said DHS is not utilizing its current detention capacity.
U.S. Immigration and Customs Enforcement Director John Morton speaks about immigration enforcement at a news conference in Phoenix on Thursday, Aug. 12, 2010 as U.S. Marshal David Gonzales (left) and Patrick Cunningham with the U.S. Attorney's Office look on.

“The stats don’t lie,” he said. “From FY08 to FY09, ICE’s non-criminal, administrative arrests during worksite enforcement operations declined by more than 68 percent and trickled down to just 24 administrative arrests in the month of January.  Furthermore, current detention bed space capacity is not being fully utilized.” 

“Out of the 33,400 detention beds ICE is currently funded to use in FY10, only 29,192 beds are filled,” Rogers said.

“What these facts tell me is that ICE is not vigorously enforcing our immigration laws or fully using all the tools at its disposal to deter illegal aliens,” he said.

Rep. Lamar Smith (R-Texas), the ranking member of the House Judiciary Committee and a Homeland Security Committee member, told CNSNews.com: “Illegal immigrants who are not detained are released. So the fact that the Obama administration is not increasing the number of detention beds indicates that they are not serious about enforcing our immigration laws or reducing illegal immigration.”

“Even now, when there are millions of illegal immigrants in the United States, the Obama administration is not even using all of the detention beds available to them,” Smith said.

Repeated requests from CNSNews.com to ICE for confirmation of the number, on average, of empty beds in ICE detention spaces was not answered by deadline.

New Breed of Illegals The political battle over securing additional detention space for captured illegal aliens began in earnest following the 9/11 terrorist attacks that killed 2,819 people in New York, Washington, D.C., and Pennsylvania. Sen. Susan Collins (R-Maine) sponsored the Intelligence Reform and Terrorism Prevention Act of 2004, which authorized the DHS secretary to increase the number of detention beds for illegal aliens by 8,000 annually between fiscal years 2006 and 2010.

In 2006, Democrats became the majority party in Congress, and because the actual funding for the beds was not part of the 2004 authorization law, the 40,000 additional detention spaces that law envisioned never became reality because Congress did not approve the money to pay for them.   Between 2006 and 2010, Congress did incrementally increase the number of beds, but only by 12,600.

Also, at least some of the money allocated by Congress to DHS in 2008 for border security and detention beds (see below) was not spent for the spaces. An amendment to that appropriations bill called for bringing the number of bed-slots up to 45,000--11,600 more than today’s bed count of 33,400.

Over the course of the six years since Collins’ bill became law, ICE’s role in apprehending and deporting illegal aliens has met with mixed reviews.
An employee waits at the front gate of the Stewart Detention Facility, a Corrections Corporation of America immigration facility in Lumpkin, Ga. CCA, the largest contractor for U.S. ICE, reached a preliminary agreement in May, 2010, to soften confinement, free of charge, at nine immigrant facilities covering more than 7,100 beds

An April 2006 report by DHS’ Office of Inspector General revealed that“of the 774,112 illegal aliens apprehended in the past three years, 280,987 (36%) were released largely due to a lack of personnel, bed space, and funding needed to detain illegal aliens while their immigration status is being adjudicated.”
Further, the report said that “historical trends indicate that 62 percent of the aliens released will eventually be issued final orders of removal by the U.S. Department of Justice Executive Office of Immigration Review (EOIR) and later fail to surrender for removal or abscond.”

The same report said that as of Dec. 30, 2005, more than 544,000 aliens that were released had absconded.

Bed Count Down, Despite Funding In July 2007, Sen. Lindsay Graham (R-S.C.) offered an amendment to the Department of Homeland Security Appropriations Act of 2008 for $3 billion in emergency spending for border security, including increasing the number detention beds.

“This is an emergency kind of manufactured by Washington,” Graham said. “It is something that should have been done 20 years ago. Now we have taken up immigration in a serious way. We had an extensive debate not long ago, and we were not able to get comprehensive immigration reform. But I think most Americans believe losing operational control of the U.S.-Mexican border is a national security issue of a serious nature, and they applaud our efforts to put money into securing the border between the United States and Mexico.”

“That is exactly what this amendment does,” Graham said. The amendment, which was passed and became part of the law, called for increasing the number of detention beds to 45,000. This, Graham said, would work towards the goal of ending the “catch and release” policy at DHS and ICE.

In 2009, Rep. Marsha Blackburn (R-Tenn.) introduced a bill that called for building or acquiring of 20 new detention centers around the country to hold illegal aliens. The bill has languished in the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, where it was referred.

Rep. Smith told CNSNews.com that the failure to detain illegal aliens once they have been caught puts Americans unnecessarily at risk. “The consequences of this lack of enforcement are serious,” Smith said. “Just two examples: in recent weeks, illegal immigrants killed two Americans: a nun killed by a released illegal immigrant in a DUI accident, and a 14-year-old girl shot during a robbery by a twice-deported illegal immigrant.”

Tags: Arizona, ICE, illegals, crime, detention, illegal aliens, CNS News To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Friday, August 20, 2010

La Raza: Deporting 12 Million Illegal Aliens ‘Not a Realistic Solution’

By Adam Cassandra(CNSNews.com) – The United States cannot deport all 12 million illegal aliens in the United States and should stop trying, a spokeswoman for the National Council of La Raza (NCLR) told CNSNews.com last week.

“We have to recognize that our immigration system has been broken for 20 years and there are now 12 million people living and working and praying among us who are here without documents. Many have spouses who are citizens or children fighting for our country,” NCLR Immigration Field Coordinator A. Elena Lacayo said in an e-mail response to a question from CNSNews.com.

“Deporting 12 million people is not a realistic solution,” she wrote. “It’s time we create a rational immigration system, take these people out of the shadows and restore the rule of law.”

CNSNews.com had asked Lacayo: “Should law enforcement officers strive to prosecute and deport known illegal immigrants whenever they are apprehended or stopped for any reason since they are breaking U.S. law by being inside U.S. borders without legal documentation?”

La Raza released a report last week calling for the termination of a federal program that allows Immigration and Customs Enforcement (ICE) to work with local law enforcement to target illegal aliens for deportation.

Lacayo, the author of the report, said that the federal 287(g) program had failed in its mission to target aliens considered to pose the greatest public risk, and routinely led to the apprehension and deportation proceedings of illegal aliens for “minor offenses.”

“Although the stated priority of the program is to apprehend those who pose the greatest threat to our society, in other words, serious criminals and terrorists, the program has been shown to apprehend large numbers of individuals who pose no credible threat to our community or country,” Lacayo said during a telephone news conference last Thursday announcing the report.

The report said that a majority of immigrants detained under 287(g) authority, “have been apprehended for minor offenses such as driving with a broken taillight, fishing without a permit, or ‘conspiracy to smuggle oneself,’” referring to instances when illegal immigrants conspire with human smugglers to enter the United States.

The NCLR also directly attacked Sheriff Joe Arpaio of Maricopa County, Ariz. Sheriff Arpaio is internationally known for his strict enforcement of immigration laws in Arizona.

“Perhaps no jurisdiction has shown greater misuse of the 287(g) program than Maricopa County, where Sheriff Joe Arpaio has effectively converted the police department into an immigration enforcement agency,” the report stated.

“More than 2,200 lawsuits have been filed against Sheriff Arpaio’s broad use of the 287(g) program for ‘crime suppression/anti-illegal immigration’ sweeps that have been conducted ‘without any evidence of criminal activity violating federal regulations intended to prevent racial profiling,'" stated the report.

Arpaio did not respond to attempts by CNSNews.com to seek his response to the allegations. He is being threatened with a lawsuit by the Justice Department over his “crimesweeps,” and a federal grand jury in Phoenix is currently probing the sheriff on other charges.

The 287(g) program, added to the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is described by ICE as “one of ICE's top partnership initiatives” that has “emerged as one of the agency's most successful and popular partnership initiatives as more state and local leaders have come to understand how a shared approach to immigration enforcement can benefit their communities.”

According to ICE, since January of 2006, the 287(g) program is credited with identifying more than 173,000 potentially removable aliens, mostly at local jails.

ICE spokesman Richard Rocha told CNSNews.com: “Consistent with ICE’s continued focus on criminal aliens, in the past two years ICE has removed more than 35,000 convicted criminal aliens identified through the 287(g) program.”

Jessica Vaughan, director of policy studies at the Center for Immigration Studies, told CNSNews.com that the criticism of the 287(g) program for apprehending illegal aliens for minor violations has become very common but is “silly.”

“Every person who is an illegal alien here is potentially subject to deportation because they are in violation of immigration law and they don’t have permission to be here,” Vaughan said.

“If the way they get discovered is because they commit another crime, I think most Americans understand the logic there that that’s simply how they came into the attention of law enforcement,” she said.

Vaughan said that the program should be expanded by several fold because local officers are the ones who know where the criminal aliens are and it is important to have their involvement in immigration law enforcement.

“What it boils down to is that this organization, National Council of La Raza, (apparently does not) think any illegal alien should be subject to immigration law enforcement,” Vaughan told CNSNews.com.

“If we can’t even remove criminals, even if they’re (arrested for) minor crimes, who can we remove?” Vaughn said.

“This program works, and that’s why they have devoted so much attention to trying to end it, even though it is really not particularly controversial, especially in the law enforcement community, and definitely not among members of the public,” Vaughan added


Tags: La Raza, The Race, deportation, amnesty, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Thursday, August 19, 2010

House Republicans Highlight Dangers on the U.S. Border

Republicans on the US House Natural Resources Committee released a new web video today highlighting the crime, violence and environmental damage taking place on federal lands along the U.S. border. Environmental regulations, enforced by the Department of the Interior, are hindering U.S. Border Patrol’s efforts to effectively secure these areas. As a result, these public lands have become unpatrolled highways for drug smugglers, murderers, rapists, human traffickers, and potential terrorists. To address this issue, House Republicans, led by National Parks, Forests and Public Lands Subcommittee Ranking Member Rob Bishop (UT-01), have introduced legislation (H.R. 5016) to ensure that U.S. Border Patrol is permitted to assert operational control over the border. This commonsense bill would simply give Border Patrol both the authority and access to effectively monitor and protect our federal lands on the border.

Click for more information on federal lands along the border.

Tags: natural resources, border security, border patrol, federal land, violence, crime, park service, national forest, Republican, video, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Arizona Sheriff’s Challenge to Obama: I'll Show You How to Secure Border

Pinal County (Ariz.) Sheriff Paul Babeu
By Terence P. Jeffrey, Editor-in-Chief (CNSNews.com) - Sheriff Paul Babeu of Pinal County, Ariz., is issuing an invitation to President Barack Obama: If the president will come and spend a half hour with Babeu in Arizona, the sheriff says, he will convince the president he can succeed in securing the border and thus make himself a hero who transcends partisan politics.

Babeu’s southern Arizona county, while not contiguous with the border, has been designated by the Justice Department as part of a High Intensity Drug Trafficking region that is a major route for drug and alien smugglers bringing narcotics and illegal aliens into the United States from Mexico. Babeu has joined with Sheriff Larry Dever of neighboring Cochise County, Ariz.—which does sit on the border—as well as with Arizona’s two senators, John McCain and Jon Kyl, in endorsing a ten-point plan for securing the border. 

Noting that President Obama has visited Afghanistan to assess the security situation there, CNSNews.com asked Babeu in a videotaped interview whether he would like the president visit with him in Arizona so he can have the opportunity to persuade the president that his plan to secure the border will work.

“If the president gave me a half hour, I am confident that I could convince him and to show him the way that he can personally secure the border, and he would be the hero of everybody that truly transcends bipartisan politics and secures that border,” said Babeu. “I believe that if a leader truly wanted to do that we have the means and the resources necessary to secure our border and to protect America once and for all, and then we can get to the point in the future, only after the border is secure, that there is some type of discussion about what do we do with the approximate 13 million people who are here illegally.”

The ten-point border security plan backed by Sheriffs Babeu and Dever and Senators McCain and Kyl includes provisions to complete 700 miles of double - and triple-layered border fending, significantly increase the number of drone surveillance aircraft patrolling the border, and deploy 3,000 National Guardsmen to the Arizona section of the Mexico border alone until the governor of Arizona in consultation with local law enforcement officials certifies that the border is secure.

In addition to serving as sheriff of Pinal County, Ariz., Babeu has served 18 years in the Army National Guard, where he is now a major. Babeu did a tour in Iraq and also commanded Task Force Yuma, a group of 700 Army and Air National Guard troops who worked with the Border Patrol on securing the U.S.-Mexico border in Arizona.

Tags: Sheriff, Paul Babeu, Pinal County, Arizona, border security, National Guard, crime, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Wednesday, August 18, 2010

Arizona Sheriff: Border Patrol Has Retreated from Parts of Border Because It’s ‘Too Dangerous’

Sheriff Larry Dever of Cochise Co., Ariz.
By Terence P. Jeffrey, Editor-in-Chief (CNSNews.com) - Sheriff Larry Dever of Cochise County, Ariz., one of four Arizona counties contiguous with the U.S-Mexico border, said Friday that the U.S. Border Patrol has pulled back from parts of the border in his and neighboring counties because manning those areas has become too dangerous.

“And you frankly have Border Patrolmen--and I know this from talking to Border Patrol agents—who will not allow their agents to work on the border because it is too dangerous,” Dever told CNSNews.com in a videotaped interview. “Now what kind of message is that for crying out loud?”

Dever, a native of Cochise County, has been in local law enforcement in the county for three decades. He was elected the county sheriff in 1996. Dever stressed that the Border Patrolmen are ready and willing to perform their mission of securing the border, but that Border Patrol managers had determined that in “some places” the danger was too great and they wanted to avoid the risk of an international incident such as a cross-border firefight.

“Now, I am telling you, the agents, you give them a mission, you tell them what you want them to do, they will go do it,” said Dever. “I mean, these guys for the most part are warriors, they are soldiers. “Then you have middle management and upper management that says: No, it’s too dangerous right there and we’re going to cause an international incident if there’s shooting across the line, back and forth,” said Dever.

“Well, I say: Come, bring it on. Let’s cause the international incident,” he said. Dever said there were places where the Border Patrol had pulled back from the border in his county and in neighboring areas both in Arizona and New Mexico.

He pointed out that in Pinal County, 70 miles north of the border, the Bureau of Land Management has put up a sign along a drug smuggling corridor to warn American citizens away from the region because it is too dangerous.

CNSNews.com provided Customs and Border Protection with a transcript of Sheriff Dever's statement about the Border Patrol pulling back from parts of the border in his area because it is too dangerous. "There are areas down there in the Tucson Sector where for officer safety reasons, officers aren’t up on the line. For whatever reason --it may be a remote area," said a CBP spokesperson. "We still have the means to detect entry, whether it is a sensor or a scoped vehicle. So the entry is detected, but the apprehension of the undocumented migrant isn’t affected until they reach a safe area.”

Tags: border security, Cochise County, Arizona, Violence, crime, Border Patrol, drug cartels, illegal aliens, video To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Tuesday, August 17, 2010

Plug The Hole!

By Lisa Benson
Plug the hole in border security and keep politics out of it.  Border security is not political, but the duty of each administration in Washington. Failing that the states along the border must defend themselves against the increasing violence coming from the south.
H/T to Townhall  - - - More Conservative Cartoons

Tags: Lisa Benson, cartoon, border security, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Monday, August 16, 2010

DHS Released 481 Illegals from States of Terror & Countries of Interest

by Rich Hilts (Dr Scoundrels): According to the oaths of office taken by almost any government official that is sworn in, these people are supposed to be defending us from enemies foreign and domestic.

According to CNS News*, this isn’t even remotely happening. 481 people are now fugitives from countries that are either state sponsors of terrorism or countries of interest.

These are people that, now get this, WERE IN CUSTODY. These are people that are now fugitives in THIS COUNTRY because the ICE people don’t have enough beds for the people being processed through the system.  What in the world is going on?

Are you telling me that these people who are supposed to be on the other side of the border are being routed through a system that, according to officials, have only 32,000 beds in the entire country? They KNOW they have a problem. They KNOW there are millions of illegals of every race, religion, size, age and gender. This isn’t a Mexican problem. This is a problem.

The Mexicans and the people trading on those poor unfortunates for political gain don’t want it to be stated this way, but it’s true. Americans don’t hate illegals, they don’t hate Mexicans. They just want them on the other side of the border.

This is a fiscal issue. This is an issue where people who are supposed to be on this side of the border are not getting the help or the volume of the help they should due to the drain from the illegals.

This is a security issue.
The total number of active fugitive cases involving citizens from the four state sponsors and the 10 countries of interest include:
Cuba-137
Nigeria-97
Pakistan-87
Lebanon-34
Iran-29
Iraq-26
Somalia-22
Sudan-14
Syria-13
Yemen-8
Algeria-8
Afghanistan-4
Saudi Arabia-2
This is an issue of people who are dangerous, from enemies of this nation and known criminals being released into our general population with no sentence, punishment, rehabilitation and no effort to track them.
I am declaring that this leadership is criminally negligent. Any deaths resulting from these releases should be laid at the feet of these leaders.

Any leader who comes out and distances themselves from the administration and the disastrous attack on national security from the inside can not only help us know what is going on, maybe make a difference, but also clear their name before the worst occurs.

The fact of the matter is, while we have an incompetent Secretary of Defense shutting down bases and hampering our defense on one side, we have an administration that is, in our opinion, encouraging another attack from the inside of our own nation by looking the other way in such an aggressive manner.

This isn’t just bad policy. Frankly this is behavior that if people should die from one of these fugitives, the people who made the choices to not only look the other way but encouraged officers to do so and put leaders in charge to ensure the looking the other way attitude is enforced should be tried for any and all deaths as accomplices.

People all around the country have asked for something to be done. This administration has not only done NOTHING, but they have done it while trying to fool people by sending 1200 National Guard troops to the border to do admin work instead of doing the right thing and protecting us.

Mr. President? Ms. Napolitano? There are thousands of warehouses you could spend some of the stimulus money to rent and house these illegals under guard until they could be shipped out. Put some old army cots, a couple of field kitchens, some big fans due to the heat and men with guns in the warehouses and speed up the deportation instead of trying to figure out how to get 12 million more votes at the cost of the people you are supposed to be taking care of.

Quit spending every dime we have on enslaving people to the government through handouts, especially to non citizens, quit cutting the one thing the Constitution calls for you to do (have a strong national defense) and build the damn wall to keep the people out. But you can’t just manage to do the right thing can you? Not when you think there’s power to be had.

Shame on you for endangering the children and families of good American citizens.
Maybe you don’t care about them as long as you have that office in DC.  When the next catastrophe hits in this country because you’ve just looked the other way, that blood will be hard to wash off your hands.

*CNSNews.com – EXCLUSIVE: DHS Caught and Released 481 ‘Fugitive’ Illegals from State Sponsors of Terror and ‘Countries of Interest’.

Tags: Illegals, Political Commentary, DHS, ICE, State Sponsors of Terror, countries of interest, Obama administration, Janet Napolitano, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Saturday, August 14, 2010

Mexican woman granted asylum for domestic abuse

The TexasFred Blog Reports:
SAN FRANCISCO — A Mexican woman who claimed she was beaten and raped for decades by her common-law husband has won the right to stay in the United States in a case that experts say makes clear that domestic violence is valid grounds for asylum.

The Department of Homeland Security found that the case of the woman known only as L.R. met the stringent standard necessary to win asylum. An immigration judge found in her favor on Aug. 4, and the decision was announced this week by her attorneys.

“The point has been made, very loud and clear, that cases such as these involving domestic violence, and even more broadly, gender-based violence against women, are valid cases,” said Karen Musalo, L.R.’s attorney and the head of Hastings Law School’s Center for Gender and Refugee Studies at the University of California. The name of the applicant was withheld to protect her privacy.

What makes this case remarkable is that traditionally asylum has been given to individuals being persecuted by a government; applicants had to show they suffered persecution because of their religion, political beliefs, race, nationality or membership in a particular social group.

Full Story Here: Mexican woman granted asylum for domestic abuse
TexasFred Comments:  I sincerely hope an appeals court overturns this ridiculous decision. It is an affront to ALL that have legitimately sought and been granted asylum.

I sympathize with her claims that she was beaten and raped for decades by her common-law husband, that’s a bad situation, it really is, but if we start granting asylum to ALL that are the victims of domestic abuse world wide, our nation will never sustain the influx of even more migrants.
Asylum because of DOMESTIC ABUSE? Seriously?
Cases such as L.R.’s increase the scope of who may qualify for asylum by expanding the definition of “particular social group.” Women who have suffered genital mutilation, or in L.R.’s case, domestic abuse, have been recently deemed “social groups” and granted asylum.
Aren’t these issues that need to be addressed by the authorities in the nation(s) these women live in? Are we going to take in every person in the world that has been abused?

We can’t solve the ills of the world, we can’t, if recent happenings are any indication, solve the ills of our own nation.


Tags: TexasFred, asylum, domestic abuse, Mexican, woman, DHS, Department of Homeland Security, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Friday, August 13, 2010

62% of Americans Disapprove of Pres. Obama's Handling of Immigration

Pres. Obama
Pres. Obama
NumbersUSA: A new Gallup Poll reveals that only 29% of Americans approve of Pres. Obama's handling of the immigration issue. Sixty-two percent of Americans disapprove of the President's handling of the issue.

Only Pres. Obama's handling of the federal budget deficit had a higher disapproval rating, but his approval rating on immigration is the lowest of the 13 issues polled during the survey.

The President's low poll numbers on his handling of immigration are likely due to his criticism of Arizona's immigration enforcement law. In a Gallup poll taken in July, 50% of Americans opposed the government's decision to sue Arizona over its immigration law. An April Gallup poll, taken days after Arizona Governor Jan Brewer signed SB1070 into law, 51% of Americans who had heard of the bill approved of it.
For more information, see Gallup.com.

Tags: Gallup, Poll, disapproval, President Obama, illegal aliens, NumbersUSA To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Wednesday, August 11, 2010

Unauthorized Immigrants and Their U.S.-Born Children

Pew Hispanic Center: An estimated 340,000 of the 4.3 million babies born in the United States in 2008 were the offspring of unauthorized immigrants, according to a new analysis of Census Bureau data by the Pew Hispanic Center.

Unauthorized immigrants comprise slightly more than 4% of the adult population of the U.S., but because they are relatively young and have high birthrates, their children make up a much larger share of both the newborn population (8%) and the child population (7% of those younger than age 18) in this country.

These figures are based on data from the U.S. Census Bureau’s March 2009 Current Population Survey, augmented with the Pew Hispanic Center’s analysis of the demographic characteristics of the unauthorized immigrant population using a "residual estimation methodology" it has employed for the past five years.

The new Pew Hispanic analysis finds that nearly four-in-five (79%) of the 5.1 million children (younger than age 18) of unauthorized immigrants were born in this country and therefore are U.S. citizens. In total, 4 million U.S.-born children of unauthorized immigrant parents resided in this country in 2009, alongside 1.1 million foreign-born children of unauthorized immigrant parents.<

Tags: births, US Births, Pew Research, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

ICYMI: Prof. Lovell Addressing Obama and Holder taking on Arizona's SB1070

Watch this video to the end. This effect of Obama and Holders actions reach far beyond Arizona and the enforcement of law regarding illegals. Professor Terry J. Lovell on Obama and Holder suing the state of Arizona and its immigration law SB1070. [Video]


Tags: Terry Lovell, arizona immigration law, Barack Obama, Eric Holder, suing Arizona, Arizona, immigration law, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Tuesday, August 10, 2010

Amnesty by Obama Administration Policy

ARRA News Service - Curtis Coleman, Contributing Author: A couple of weeks ago, a draft memo surfaced from the bowels of the Citizenship and Immigration Services (USCIS) division of the Department of Homeland Security proposing ways to circumvent federal law to allow illegal immigrants to avoid deportation and, in some cases, to even be granted permanent resident status.  “We will not comment on notional, pre-decisional memos,” the USCIS responded in a prepared statement. “Nobody should mistake deliberation and exchange of ideas for final decisions.”

The Country’s front line immigration agents seem to disagree that the USCIS proposals were only internal ruminations. According to a statement from members of the National Immigration and Customs Enforcement Council, “acting on behalf of approximately 7,000 U.S. Immigration and Customs Enforcement (ICE) officers and employees from the Office of Enforcement and Removal Operations (ERO),” the Agency is already circumventing existing law and practicing amnesty by policy.

In their public statement, these federal immigration officers and employees claimed that ICE Director John Morton and Assistant Director Phyllis Coven “have abandoned the Agency’s core mission of enforcing United States Immigration laws and providing for public safety, and have instead directed their attention to campaigning for programs and policies related to amnesty.”

Their statement listed these grievances with the Administration’s policies:
  1. “Senior ICE leadership dedicates more time to campaign for immigration reforms aimed at large scale amnesty legislation, than advising the American people and Federal lawmakers on the severity of the illegal immigration problem.”
  2. “Criminal aliens openly brag to ICE officers that they are taking advantage of the broken immigration system and will be back in the United States within days to commit crimes.”
  3. “While ICE reports internally that more than 90 percent of ICE detainees are first encountered by ICE in jails after they are arrested by local police for criminal charges, ICE senior leadership misrepresents this information publicly in order to portray ICE detainees as being non-criminal in nature to support the Administration’s position on amnesty.”
  4. “The majority of ICE ERO Officers are prohibited from making street arrests or enforcing United States Immigration laws outside of the institutional (jail) setting”, “effectively creating ‘amnesty through policy.’”
  5. “Hundreds of ICE officers nationwide perform no law enforcement duties whatsoever.”
  6. Under new ICE Detention Reforms, “ICE officers will be prevented from searching detainees housed in ICE facilities allowing weapons, drugs, and other contraband into detention centers.”
  7. “ICE has virtually no consistent national policies.
If these grievances are accurate, it’s easy to understand Arizona Governor Jan Brewer’s position that President Obama is not enforcing the nation’s immigration laws nor protecting the citizens of Arizona as is his sworn duty. And these complaints shed a lot of Southwestern sunshine on the federal government’s otherwise inexplicable lawsuit against the Sovereign State of Arizona for its adoption of a state statue that mirrors federal law.

“Border enforcement is not something to be manipulated in return for legislative favors,” wrote Charles Krauthammer on August 6. “It is, as the administration vociferously argued in court in the Arizona case, the federal executive’s constitutional responsibility. Its job is to faithfully execute the laws. Non-execution is a dereliction of duty.”

While liberals label as xenophobes [1] and racists those Americans who demand the nation’s citizens be protected by enforcement of immigration laws, it becomes even clearer that the United States cannot afford to long tolerate an Administration that only selectively enforces the laws of the land to its own political advantage.

[1] It’s easy to know when you’re winning the debate on the issue. The opposition resorts to personal attacks.
--------------------
Curtis Coleman is President of The Curtis Coleman Institute for Constitutional Policy, headquartered in North Little Rock, Arkansas. He submitted this article to the ARRA News Service Editor. Coleman is also the Co-founder and former President and Chief Executive Officer of Safe Foods Corporation. He lectures on team building and servant leadership in the Emerging Leaders program at the Center for Management and Executive Development, University of Arkansas Sam M. Walton School of Business.

Tags: Amnesty, policy, Obama administration, ICE, illegal aliens, criminals, illegal immigration, Arizona, Jan Brewer, Curtis Coleman, Institute for Constitutional Policy To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

ICE Union Takes Unanimous Vote of No Confidence in Leadership

Documents surfaced last week showing that AFGE Council 118 ICE, the union that represents over 7,000 detention and removal agents within Immigration and Customs Enforcement (ICE), issued a vote of no-confidence in ICE Director John Morton and Assistant Director of the ICE Office of Detention and Policy and Planning, Phyllis Coven.  According to a statement issued by the Union, the action reflects “the growing dissatisfaction among ICE employees and Union Leaders that Director Morton and Assistant Director Phyllis Coven have abandoned the Agency’s core mission of enforcing United States immigration laws and enforcing public safety, and have instead directed their attention to campaigning for programs and policies relating to amnesty…”  (AFGE National Council 118 Letter, June 25, 2010). 
In the scathing release, the ICE union also accuses Director Morton and Assistant Director Coven of:
  • Dedicating “more time to immigration reforms aimed at large-scale amnesty legislation, than advising the public and Federal lawmakers of the severity of the illegal immigration problem;
  •  Misleading the public regarding the effectiveness of the Secure Communities program and using it as a selling point to move forward with amnesty legislation;
  • Refusing to alert Congress as to the severity of the problem regarding criminal aliens and to request additional resources to provide better enforcement and support of local agencies;
  • Prohibiting the majority of ERO agents from making arrests or enforcing United States immigration laws outside of the institutional (i.e. jail) setting; and
  •  Implementing detention reforms that have created a “resort like living conditions to criminal aliens.”
When asked about criticism of him and his agency, Morton was dismissive. "You develop a thick skin in a job like this," said Morton.  "I'd imagine that for some other senior leaders in government, the day when someone calls for their resignation would be the day they'd remember throughout their career. That's just part of the territory here.'' (Washington Post, July 19, 2010).  However, Janice Kephart, Director of National Security Policy at the Center for Immigration Studies, noted that a unanimous rebuke from one’s entire workforce of agents is under no circumstances a typical critique of a government official. Morton, she states, cannot do his job unless the agents can do theirs. But then again, she notes, maybe this is the point. (CIS blog, August 4, 2010)

Tags: ICE, employees, union vote of no confidence, rebuke of Obama administration, amnesty, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Monday, August 09, 2010

ICE Unable to Handle Illegals? Administration Issues Nonenforcement Memo

Fox News: New report cites memo revealing Immigration and Customs Enforcement only has resources to remove 4 percent of illegal immigrants from U.S. Most illegals to get a free pass; Obama administration memo: ignore illegals who are no hardened criminals.


Tags: ICE, Border Chief, order agents, illegals, catch and release, Fox News, nonenforcement of laws, illegal aliens, CTRI, Steve CAMAROTA, Megan Kelly To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!

Sunday, August 08, 2010

Congress Already Passed A Law Allowing State and Local Law Enforcement to Enforce Immigration

Chris Battle
By Chris Battle: I published a piece in US News & World Report about the controversy over Arizona’s immigration law and the fight between the federal and state governments. The federal government asserts that Arizona is usurping the exclusive authority of the federal government to enforce immigration law.

To me, what has been curiously missing from the debate is that back in 1996 Congress passed a federal law giving state and local governments (and their law enforcement organizations) the right to enforce immigration law.

On the one hand the federal government is suing Arizona for authorizing local law enforcement to coordinate with federal authorities regarding illegal immigration; on the other hand, the federal government is simultaneously requesting such assistance from local governments.

Below is a brief excerpt.
Back in 1996 it was time to get tough on immigration, and an interesting little law known as 287g was passed. This federal law deemed it appropriate for state and local law enforcement to enforce immigration law.
Want to know what 287g says? Well, just read the law in Arizona. Yes, that law. The one causing protests in the streets of Phoenix, hysteria on cable talk shows and confusion in the courts. The one that empowers state and local law enforcement to enforce immigration law.
--------------
Below is Chris Battles article written for US News:
Congress is always looking to get tough on something. It plays well on the campaign trail. Get tough on crime. Get tough on corporate ethics. Get tough on fanny packs and man purses. Just this year Congress got tough on Ford Motor Company by giving the administration millions of dollars to subsidize General Motors. [See which industries give the most to members of Congress.]

Back in 1996 (when fanny packs were still cool, in some circles) it was time to get tough on immigration, and an interesting little law was passed. Congress deemed it appropriate for state and local law enforcement to enforce immigration law. In the inscrutable manners of Washington (where all legislation seems to be named with insufferably cute acronyms or indecipherable legislative codes that read like security passwords), this law came to be known as 287g.

Want to know what 287g says? Well, just read the law in Arizona. Yes, that law. The one causing protests in the streets of Phoenix, hysteria on cable talk shows and confusion in the courts. The one that empowers state and local law enforcement to enforce immigration law.

The federal law that has been on the books for more than decade … empowers state and local law enforcement to impose immigration law. According to U.S. Immigration and Customs Enforcement, more than 60 jurisdictions in states across the country have taken advantage of this law.

Florida, Virginia, Oklahoma, Ohio, New Hampshire, California, and even Massachusetts are among the states in which local police are enforcing immigration law. Seems we’re missing out on the chance for a lot more street theater and cable news shouting from both sides of the partisan divide. Why stop at the Arizona border?

There are differences in the federal and Arizona law but the primary gist of each--the aspect that has caused most of the ruckus--is the provision that allows a local law enforcement officer, who in the course of his or her regular duties has reasonable suspicion that an individual is in the country illegally, to request identification and, if none is provided, to detain that individual for potential deportation.

The federal version of the law requires the Department of Homeland Security to approve state and local requests to enroll in the program; then ICE is to provide training and assume supervision of cross-designated officers when they are engaged in immigration enforcement. The Arizona law, on the other hand, actually requires all law enforcement to enforce immigration laws regardless of whether DHS has given its blessing. If the federal law is gingerly tip-toeing into the shallow end of the immigration pool, the Arizona law is a cannonball dive into the crowded deep end.

The practical result of both laws is that the local law enforcement officer must coordinate with federal immigration agents to determine the status of those detained and request that federal agents pick up the individual for deportation. Which the ICE agents will likely ignore--the dirty little not-so-secret secret of immigration enforcement.

The reality is that ICE has nowhere near the manpower or resources to start picking up detained aliens in localities around the country. There are 10 to 12 million illegal immigrants in the country but only about 5,000 to 6,000 ICE agents. To give this figure some context, New York City alone has more than 35,000 cops. It’s just one more example of Congress passing laws with no intention of providing the resources to ensure they’re enforced.

Which makes this controversy as much a legal debate as an enforcement matter. In her injunction blocking the key provisions of the Arizona law, Judge Susan Bolton asserts that Arizona’s law intrudes upon the powers of the federal government’s role in enforcing immigration law. However, 287g is an actual federal statute asking for such intrusion. Consider this: On its website, ICE refers to 287g as “one of the Agency's most successful and popular partnership initiatives as more state and local leaders have come to understand how a shared approach to immigration enforcement can benefit their communities.”

In Bolton’s judgment, though, “requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked.”

Not quite. The Arizona law doesn’t require that every individual have his or her immigration status checked; only those who present law enforcement officers with “reasonable suspicion” in the normal course of duty--which is what the federal law also requires. In any case, by Judge Bolton’s logic, both the federal and state laws will unavoidably restrict the liberty of lawfully present aliens “while their status is checked.”

So if it is unconstitutional in Arizona, why is it not unconstitutional in the 60-plus other jurisdictions that have signed agreements with DHS, some of which have been in operation since at least 2002?

Which begs another question: Since Attorney General Eric Holder is in a litigating mood, now that he has sued the people of Arizona will he sue Congress and the Department of Homeland Security? Come to think of it, since the Justice Department was responsible for enforcing immigration when this law was first passed, would Holder sue himself?

And would he stand for the prosecution or the defense?
Chris Battle is partner at Adfero Group, a public relations firm in Washington, DC. He is also the editor of Security Debrief, a blog focused on homeland and national security issues. Previously, Battle served as chief of staff at U.S. Immigration and Customs Enforcement and director of congressional and public affairs for the U.S. Drug Enforcement Administration.

Tags: Chris Battle, Arizona, illegal immigration law, law enforcement, 287g, federal law, empowers local law enforcement, enforcement of immigration law, illegal aliens, To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!