enforcement

Oregon identified as a “sanctuary” for criminal aliens by USDOJ, the federal governments top law enforcement agency

A review of the 1,240 criminal aliens in the DOC prison population by numbers per crime and percentage (%) per crime equated to the following:

4-arsons (0.32%), 131-assaults (10.56%), 25-burglaries (2.02%), 29-driving offenses (2.34%), 171-drugs (13.79%), 4-forgeries (0.32%), 154-homicides (12.42%), 50-kidnappings (4.03%), 69-others (5.56%), 178-rapes (14.35%), 81-robberies (6.53%), 230-sex abuses (18.55%), 95-sodomies (7.66%), 12-thefts (0.97%), and 7-vehicle thefts (0.56%).
 

No member of the Oregon State Legislature should forget the uncounted crime victims and their families, no matter what their immigration status, all are victims of the 1,240 criminal aliens incarcerated in DOC prisons.

Besides the devastating human cost, the financial cost is overwhelming, as well.  Read David Olen Cross's full report.
 

The U.S. Attorney's Office has closed its long-running, abuse-of-power investigation into Maricopa County Sheriff Joe Arpaio.

Alert date: 
August 31, 2012
Alert body: 

The Feds have shut down an ongoing criminal investigation of Sheriff Arpaio.  No charges will be filed. 

President Obama and Attorney General Eric Holder have conducted a personal vendetta against the Maricopa County Sheriff Joe Arpaio and the State of Arizona because of their willingness to enforce laws against illegal immigration. The battle has often been front-page news.

On Friday, a day when politicians are prone to release unfavorable news, the Justice Department quietly announced that they are dropping the criminal investigation of Sheriff Joe Arpaio for alleged abuse-of-power charges. Unfavorable news for the Justice Department is good news for American citizens.Read the full story.

 

Feds shut down criminal investigation of Arpaio; no charges to be filed

In a 5 p.m. Friday news release, Assistant U.S. Attorney Ann Birmingham Scheel, acting on behalf of the United States Department of Justice, announced her office "is closing its investigation into allegations of criminal conduct" by current and former members of the Maricopa County Sheriff's Office and the Maricopa County Attorney's Office. Federal prosecutors have advised Maricopa County Attorney Bill Montgomery of the decision.

In a four-page letter to Montgomery, Scheel explained the reasoning for the decision.

Federal prosecutors decided to not prosecute matters tied to alleged misuse of county credit cards by sheriff's officials, alleged misspending of jail-enhancement funds and other matters. The U.S. Attorney's Office had already made public it would not pursue charges on those matters.

Scheel wrote that the agency declined to initiate any state criminal charges arising from its broader appointment to pursue state charges that may have come up in connection with the federal investigation. Several federal attorneys had been deputized to handle state crimes arising from the investigation.

"Law enforcement officials are rightfully afforded a wide swath of discretion in deciding how to conduct investigations and prosecutions," she wrote. "Unfortunately, such discretion can act as a double-edged sword: although it empowers fair-minded prosecutors and investigators to discharge their duties effectively, it also affords potential for abuse. Our limited role is to determine whether criminal charges are supportable. After careful review, we do not believe the allegations presented to us are prosecutable as crimes."

Scheel wrote that federal prosecutors reached the same conclusion on potential federal criminal violations, specifically related to the allegations involving retired Superior Court Judge Gary Donahoe. Attorneys considered whether former Maricopa County Attorney Andrew Thomas and his former Deputy County Attorney Lisa Aubuchon committed perjury in causing a complaint to be filed to avoid a court hearing, and whether their pursuit of criminal charges amounted to a violation of federal criminal civil rights laws.

Scheel wrote that the agency was mindful that a disciplinary panel had concluded Thomas, Aubuchon, Hendershott and Arpaio conspired in a criminal manner to violate Donahoe's civil rights. "However, our obligation is different from the State Bar disciplinary panel, under its rules and burdens of proof, has reached certain conclusions about the conduct of Thomas and Aubuchon," she wrote. "We must weigh the evidence and law under the far heavier burden associated with criminal prosecution. Based on this review, we have concluded that allegations of criminal misconduct under federal statutes are not prosecutable."

She wrote it was "not enough to show that Judge Donahoe was subjected to conduct that was abusive or even unconstitutional. While Judge Donahoe suffered severe turmoil resulting from the criminal charges, as evidenced by the record in the Bar proceedings, we don't believe there is sufficient evidence to meet our burden that he suffered the sort of complete job depreciation contemplated by existing precedent."

"I'm just pissed," said Maricopa County Supervisor Andy Kunasek. "If (former Deputy County Attorney) Lisa Aubuchon and (former Sheriff's Chief Deputy) David Hendershott are not prosecuted for perjury, then this is all about politics. This is about a Justice Department that is afraid to do their jobs."

Maricopa County Supervisor Mary Rose Wilcox, one of those who has sued Arpaio alleging she was improperly investigated, said she was shocked when contacted by The Republic. "I can't imagine why they would do that when there's so much evidence there, particularly from the Thomas case and all the testimony that came out. I just am floored," Wilcox said.

Sheriff's Deputy Chief Jack MacIntyre commended federal prosecutors for their handling of the investigation that began in 2008. MacIntyre also said the U.S. Attorney's Office recognized that many of the allegations related to the anti-corruption enforcement unit Arpaio started with former County Attorney Andrew Thomas were handled in the State Bar proceeding that resulted in Thomas being stripped of his license.

"The U.S. Attorney's Office and its investigators recognized what Sheriff's Office has said all along: we did not make any prosecutorial decisions, even through things were referred to the then-county attorney," MacIntyre said. "The sheriff and the Sheriff's Office commend the U.S. Attorney's office for having the honesty, the integrity and the strength of character to make the statement that they do today: clearing this office and dispelling the shadow that's been lingering over it for over three years."

Thomas, a onetime Arpaio ally, was disbarred earlier this year. During the disbarment proceedings, testimony was given that Arpaio or his subordinates had abused the power the office. The investigation began in December 2008.

Bill Solomon, a spokesman for the U.S. Attorney's Office, said he could not comment any further on the agency's decision. He said the agency would not immediately release records pertaining to the closed investigations.

Albany man charged with sex crimes

An Albany man has been arrested on sex crime charges.

Miguel Lopez-Garcia, 35, faces charges of two counts of first-degree sexual abuse, and first degree unlawful sexual penetration.

He was being held at the Linn County Jail and his initial bail was set at $150,000.

Lopez-Garcia also has a federal immigration hold.

On Aug. 22, Albany Police Department received a report from a 12-year-old female that Lopez-Garcia, whom she knew, had abused her about a year-and-a-half ago.

Detectives obtained a search warrant for Lopez-Garcia’s residence in the 400 block of 38th Avenue S.E. At 7:30 p.m. Tuesday, the search warrant was served and Lopez-Garcia was arrested.

 

Lopez-Garcia is under an INS HOLD

On deporting illegal aliens - Thoughts of a retired Border Patrol agent

One of the original intentions of immigration law, and the effort to locate and remove those illegally in our country, was the concern for displacement of American employees. It was considered somewhat the acid test. If American employees were being set aside, the offending illegals were arrested and deported. At some juncture in the recent past, that concept was apparently pitched out the window. The big conundrum is not so much that it happened, but rather why did it happen. It's the product of a frightening political shift that is totally incomprehensible to anyone other than those who seek reelection. It's also bi-partisan. It has to stop, and we have to return to rational thinking.

Depending on whose estimates one uses, we have nearly as many illegals employed as we do legal residents and citizens out of work. Certainly more than 50 percent. That quite simply has to stop.

That we cannot deport such huge numbers, and therefore must create a method through which illegals can remain, is pure political bunk. How do we deport them? In earnest. We start with number one, and we work our way up the ladder. We streamline the processing, and remove administrative road-blocks. When I was first in the Border Patrol, we were led to believe that there was a time when processing an illegal was nothing more than a 3x5 hand written card; probably during Operation Wet Back. Today, the same thing can be done, but on a computerized system. Prints can be digitally checked, and repeat offenders can get their due. Yes, it can be done, and it must be done. All, however, is contingent on a relatively well-sealed border. That's the first order of the day.

Hasta La Vista,

Gary Fossen,

Jacksonville, Oregon


 

Federal immigration agents just now filed a suit against Janet Napolitano's DREAM amnesty

All summer, citizens have been crying out, 'Why doesn't somebody take this to court!' over Janet Napolitano's Dream amnesty directive.

THIS MORNING, ICE AGENTS DID . . . with the promise of help from NumbersUSA members!

In the last hour, a group of 10 federal immigration-enforcement agents -- including the president of the agents' union -- filed suit against Department of Homeland Security (DHS) Secretary Janet Napolitano and ICE Director John Morton.

The suit seeks an injunction against Napolitano's June 15 directive that includes issuing work permits to a whole class of illegal aliens, estimated at 1.7 million, under the age of 31. The 10 agents of the Immigration and Customs Enforcement (ICE) section of DHS contend that the directive for the amnesty that DHS began to hand out on Aug. 15 is "unlawful and unconstitutional."

Kris Kobach, the nation's best-known immigration litigator, is leading the agents' legal team.

Chris Crane, president of the ICE Agents' Union, AGFE Council #119, is the public spokesman for the plaintiffs.

NumbersUSA, the nation's largest pro-enforcement grassroots organization, is underwriting the suit, based on the expectation of raising the necessary funds from our 1.3 million on-line activists.

Nebraska Follows Arizona: No Benefits for 'Deferred' Immigrants

Illegal immigrants sheltered from deportation under a new federal program still won't be eligible for state services such as driver's licenses in Nebraska, the state's Republican governor said on Friday.

Governor Dave Heineman, in making the announcement, joined Arizona Governor Jan Brewer in challenging the federal government on immigration policy. Two days ago, Brewer issued an executive order barring illegal immigrants from getting state benefits.

"President Obama's deferred action program to issue employment authorization documents to illegal immigrants does not make them legal citizens," Heineman said in a statement.

"The State of Nebraska will continue its practice of not issuing driver's licenses, welfare benefits or other public benefits to illegal immigrants unless specifically authorized by Nebraska statute," he added.

The Obama administration's new policy, dubbed "deferred action for childhood arrivals," took effect this week. It grants temporary legal status to many young illegal immigrants, ending the threat of deportation for at least two years. But the policy does not entitle the immigrants to state services.

In Texas, Republican Governor Rick Perry, who earlier this year dropped his bid for the party's presidential nomination, criticized the Obama policy but appeared to stop short of barring deferred action immigrants from obtaining licenses in his state.

Most states, with California and Texas the notable exceptions, deny in-state tuition rates at public universities to illegal immigrants and that won't change for those getting deferrals, unless states take action on their own.

The Pew Hispanic Center estimated as many as 1.7 million people could qualify for the federal program. In Texas, an estimated 170,000 people could benefit, according to the Migration Policy Institute, a Washington, D.C.-based think tank.


 

How do you feel about it?

The Statesman Journal had an online poll yesterday.  While it isn't a scientific poll, it does speak volumes, doesn't it?

The question:

What should happen to adult children of illegal immigrants that were brought to the U.S. as minors?

They should be deported -  64.7%

They should be given amnesty -  9.4%

They should be allowed to apply for a deferral from deportation - 24.6%

Don't know - 1.3%

Don't care -  0.0%

It's important to let your elected officials know how YOU feel about the President's recent "deferred action" move.

Write, call or visit your Legislators today.  Be specific in your comments, be polite and thank them for their time.

 

Jan Brewer orders denial of benefits to illegal immigrants Obama is allowing to stay

Saying they still will not be here legally, Gov. Jan Brewer on Wednesday told state agencies to deny benefits and even driver's licenses to those illegal immigrants the Obama administration will allow to remain in the country.

In an executive order, the governor said the "deferred action'' program for those who arrived as children does not actually grant them any legal status. And that, she said, makes those in this category ineligible for public benefits under the terms of a 2004 voter-enacted measure.

"Allowing more than an estimated 80,000 deferred action recipients improper access to state or local benefits ... will have significant and lasting impacts on the Arizona budget, its health care system and additional public benefits that Arizona taxpayers fund,'' the order reads.

So she directed all state agencies to change their operations, policies and rules -- and statutes if necessary -- to prevent those in this category from getting benefits.

Brewer also said driver's licenses will be off limits to those in the deferred action program because state law prohibits the Department of Transportation from issuing licenses "unless an applicant submits proof satisfactory to ADOT that the applicant's presence in the United States is authorized under federal law.''

But that directive flies in the face of current ADOT policies which say that licenses are available to anyone with an Employment Authorization Document issued by the federal government without further documentation.

Potentially more significant, an attorney who specializes in immigration law says the governor's action is illegal.

Regina Jefferies acknowledged that those who will be part of the deferred action program will not have legal status. What they have, however, is "lawful presence.''

"They've got permission to be here,'' she said.

In fact, Jefferies said the whole concept of deferred action, while vastly expanded under the president's announcement, is not new. She said federal immigration officials have similarly classified others in the past, such as victims of domestic violence, and made their presence legal.

Jefferies said that classification will not entitle those in the new program to things like food stamps. But she said anyone who is granted deferred action can sue -- she believes successfully -- if the state denies any of these people a driver's license.

Gubernatorial press aide Matthew Benson said his boss disagrees -- and will not back down.

"What President Obama has done confers neither lawful status nor authorized presence,'' he said. "All they've done is defer these individuals' prosecution and deportation.''

He acknowledged MVD has accepted federally issued work permits in the past as proof of legal presence to get a driver's license. But he said that will no longer be the case, at least not without other documentation the Brewer administration believes is proof of legal presence.

And those work cards, by themselves, will not be enough.

"As DHS has told us repeatedly, these individuals who are granted deferred action do not have lawful status,'' Benson said.

Brewer's move comes the same day the Department of Homeland Security began accepting applications from what some organizations have said are a potential 1.7 million individuals who the Obama administration has decided not to try to deport.

In general, those eligible arrived in this country before they turned 16 and are not yet 30. They also need to currently be in school, have graduated from high school or obtained an equivalency diploma, or are honorably discharged veterans.

Under the terms of the program, individuals can seek what amounts to a two-year deferment of any prosecution for being in this country illegally, a deferment that is infinitely renewable -- at least under the current administration.

More to the point, they also will gain permission to work legally in the United States. And it is the issuance of those work documents, Brewer fears, which might otherwise open the door for those in this group to get benefits otherwise reserved for citizens and legal residents.

Benson acknowledged the order also would result in a situation where those who would now be entitled to work will be unable to get the driver's licenses they need to get to their jobs. But he said that is irrelevant.

"This problem was created not by the governor,'' he said. "This problem was created by the president's action to allow these individuals to remain in this country indefinitely and to be provided work permits while they're here.''

Benson said nothing in Brewer's order affects the tuition that those not in this country legally have to pay to attend community colleges and universities. He said it is long settled state law that only those who are citizens or legal residents of the United States, or have "lawful immigration status,'' are entitled to pay the lower rates residents pay.

But Jefferies said she believes that those in the deferred action program may have some claim to the lower tuition.

Benson sidestepped questions of what Brewer thinks should happen, long term, to those who were brought here as children and currently have no legal status.

"That's not what this is about,'' he said.

"President Obama created this problem by picking and choosing what individuals can remain in this country and picking and choosing what parts of federal law he intends to enforce,'' Benson said.

"And it's up to states to try to do all they can to enforce their existing laws'' he continued. "The governor's going to do everything she can to minimize the damage from the president's deferred action move and to limit the cost to taxpayers.''
 

Rep raises alarm after murders by illegals blocked from deportation by home countries

Long after they were ordered out of the country, thousands of criminal aliens from places like China, Cuba, Vietnam and Pakistan remain free in the United States to commit new crimes because their home countries refuse to take them back.

For years, this unique problem percolated under the political radar. But recent crimes by immigrant felons have lawmakers scrambling to punish nations that refuse to repatriate their own citizens. The Obama administration and many Democrats in Congress, however, are blocking punitive legislation, preferring to let the State Department handle the issue diplomatically.

Rep. Ted Poe, R-Texas, is leading the charge in Congress to change the law, pushing to withhold visas to nations that refuse to take back their own.

"I don't know why the State Department seems to take the side of foreign countries over our own American interest in the United States," Poe said, urging the U.S. to tell those countries: "Look, you take these people back or the consequence is going to be no visas for your nation."

Under a 2001 Supreme Court decision, U.S. immigration officials are only permitted to hold someone for six months after their incarceration. So when a home nation refuses to take back their national, the U.S. is required to release them -- no matter what they've done.

The issue recently came to Poe's attention after three especially heinous crimes were committed by men ordered deported years ago.

In June, a judge sentenced 22-year-old Shafiqul Islam, a Bangladeshi national, for the murder of 73-year-old Lois Decker.

"This man was a dangerous criminal," said Hudson New York District Attorney Paul Czajka. "He should not have been in the United States. At the very least, he should have been in detention."

Islam murdered Decker after serving a year for sexually assaulting a child. After his release from prison, a judge ordered Islam deported.

Bangladesh, however, refused to take him back. Because of the 2001 high court ruling, Islam stayed in the country.

"Lois had so much more living to do. She'll never see her grandchildren marry. Or see them have children. She loved her family, her friends and her church," lamented Decker's daughter Sue Call at Islam's sentencing hearing.

Police say Decker was at home when Islam broke in and strangled her to death in March. Decker taught Sunday school, volunteered at church and supported veterans' groups. Her case ignited a storm of criticism in tiny Hudson, N.Y., but it is hardly isolated. More than 50,000 criminal alien immigrants ordered deported remain in the U.S.

Those nations with the highest numbers, in order, are: Cuba, China, India, Pakistan and Vietnam.

Another example is 35-year-old Binh Thai Luc. Luc was a career thief who served an eight-year term in California state prison. A judge kicked him out of the U.S. but when Vietnam refused to take him back, he was released onto the streets of San Francisco. In March, Luc allegedly bludgeoned to death a family of five.

In Boston, a Cambodian gang member stabbed and beat 16-year-old Ashton Cline-McMurray to death with a golf club. The boy, disabled with cerebral palsy, was attacked while walking home from a football game. Originally, prosecutors charged Loeun Heng with murder, which carried a life sentence. However, in 2003 they agreed to a plea bargain, believing Heng could be deported. Last year, when he was released from prison, Cambodia refused to take him back, putting him back on the streets.

"They said he would never set foot basically on American soil again," said the boy's mother Sandra Hutchinson. "It's crazy. They're just letting him back out there to do it to somebody else." Eventually, Cambodia relented and took him back.

But these cases caught Poe's attention. His first bill introduced last year refused any visas -- student, business or tourist -- to any country that refused to repatriate their criminals. That bill went nowhere, opposed by the travel industry, the administration and Democrats in Congress

Back again in the House Immigration Subcommittee, Poe is trying again. This year, his bill only applies to visas for diplomatic staff from countries that refuse deported nationals. But many Democrats believe even that is too aggressive.

"What Poe's bill will do is throw a monkey wrench into diplomatic relations. It is a nonstarter for that reason," says immigration attorney Dave Leopold. "It makes it extremely difficult, if not impossible, for the secretary of State and the secretary of Homeland Security to make intelligent decisions about when to stop issuing visas to countries that refuse to take their criminal alien deportees."

Poe says the State Department already has the discretion to withhold visas from offending nations, but used it only once in 2005 against Guyana. The country immediately took back its 100 citizens. His bill currently in committee would make the sanctions mandatory.

"These people don't go back. They stay here. They commit crimes. And the countries that are responsible for them don't do anything about it. It's time the United States do something about it and hold these countries accountable," said Poe. "They aren't going to have any choice if we pass this law.'

Fox News contacted Democratic members of the immigration subcommittee, but they declined interviews on the topic.

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