Homeland Security

Babeu: Docs prove Obama officials treated bounties on agents as acceptable risks

As the investigation into the Oct. 4 shooting of two border patrol agents continues, an Arizona borderlands sheriff condemned President Barack Obama for treating turmoil and danger caused by his policies as acceptable risk.

“We now have further evidence that the Obama administration at every level thinks the border situation is entirely acceptable,” said Pinal County Sheriff Paul R. Babeu, whose jurisdiction is nearby Cochise County, where the agents were shot and one, Nicolas Ivie, was killed, although the shooting was actually on federal lands designated by the Interior Department as environmental sanctuaries, and thus off-limits to both federal and local law enforcement officers.

Babeu said he has read documents that contained exchanges where Obama officials acknowledge that creating environment areas will create zones of lawlessness.

“They lack full border enforcement security within designated wilderness areas that risks our border patrol agents and law enforcement deputies’ safety,” said the native of North Adams, Mass.

“The responsibility for securing this international border is the core primary responsibility of the United States government and I believe the federal government has failed to do that,” said Babeu, whose county lies outside of Phoenix, 70 miles north of the border.

“They have failed to adequately protect the citizens of my county and my state. That threat to our country is not just the volumes of illegals and drug cartels, but more importantly, the threat that is posed when people of countries of interest cross our borders,” he said.

These people harbor or sponsor terrorism and are not friendly to the United States,” the sheriff said, who as an Arizona National Guardsman, deployed to Iraq and commanded a battalion-sized border task force.

“Leadership failed and everything I’ve learned as a rank-and-file police officer, Army private and field grade officer; whoever’s in charge is responsible in the end,” he said.

Babeu said Atty. Gen Eric H. Holder Jr., must be held responsible for Justice Department failures on his watch, including the failed Fast and Furious scandal.

“Whether he knew it or whether he should have known, Eric Holder created an environment and a dynamic that resulted in the murder of not only one agent that we can prove, but also hundreds of Mexicans have been killed with Fast and Furious weapons,” he said.

“This guy was not held accountable; he has not resigned so he should be fired. I believe he, and others in the government, should be held accountable even criminally,” he said.

Documents cited by the sheriff and made available to this reporter buttress Babeu’s charges and depict administration officials as determined to leverage federal environmental regulatory authority to open up the Mexican borderlands regardless of warnings from border patrol agents assigned to the region, local law enforcement, activist groups and border region ranchers.

These warnings by personnel with ties to the borderland, made through emails, meetings and videotapes, specifically cited threat to national security breaches and homicidal violence.

The documents prove that Obama officials were aware of national security issues, agent safety issues, bounties placed on Border Patrol agents by drug cartels, and the trafficking of drugs and humans.

Heavily redacted emails acquired through a Freedom of Information Act request by the National Association of Former Border Patrol Agents, confirm that before the Dec. 14. 2010 death of Brian A. Terry, a member of the elite Border Patrol Tactical Unit, parties to the inter-agency planning for the wilderness sanctuaries, including officials from Homeland Security, Customs and Border Protection, Interior, congressional representatives were warned about national security and law enforcement concerns regarding the sanctuaries.

Some of the personnel taking part in exchanges captured in the documents: David Aguilar, deputy commissioner of Customs and Border Protection; Michael J. Fisher, chief of Border Patrol, Sen. Jesse F. “Jeff” Bingaman (D.-N.M); Alan D. Bersin, then-CBP commissioner and previously dubbed the “border czar” because of his international affairs portfolio at Interior and then-Rep. Mark E. Udall (D.-Colo.), who is now a senator and is a native of Arizona.

In one email, a border patrol agent said it was ridiculous to suggest that the human traffickers, or coyotes, would not use the wilderness areas as safe passage for their crimes.

“Do you really think that the coyotes or drug cartels are going to read a little sign in English/Spanish declaring it is unlawful to enter a federal preserve?” he said. “No. That means one thing to these banditos, Border Patrol will not be patrolling.”

Federal officials were also told that the creation of wilderness reserves in the Mexican borderlands would facilitate the “bounty program,” where Mexican crime organizations incentivized smugglers to kill agents and other law enforcement officers.

Babeu said the bounties should have been a top priority for the Obama administration.

“The primary concern for agents is, of course, the bounties placed on their lives for patrolling the border. Justice for murdered agents is extraordinarily slow; the Terry family is still waiting for his murder to reach a trial and government officials to be held accountable,” he said.

“When it was discovered that the New Orleans Saints football team coaches put bounties on the heads of opposing players, the league held the coaches responsible and they were rightly disciplined,” he said.

Babeu said in his dealings with Bersin, it was clear he favored environmental considerations over national security and public safety.

In a July 2010 video watched by this reporter, Bersin said to a questioner that he was aware of the bounty program, including a $250,000 prize for a law enforcement officer kidnapped or killed along the southern border.

The sheriff said Bersin, who left office when the Senate refused to confirm his recess appointment to his post, should have done more.

“Bersin and other high level cabinet members acknowledged that there are bounties placed on federal and even local law enforcement members by the drug cartels and what we have seen in Pinal County, which is 70 miles north of the border,” he said.

“This continuation is proof of the threat that illegal immigration and drug smuggling have not subsided,” he said.

“It should not be a surprise that that we have had four Arizona border patrol agents murdered in the last two years and the Obama administration, even some members of the media, do not want us to talk about this and say we make this political,” Babeu said. “These are deaths of our heroes!”

The sheriff said he rejects claims by administration officials, such as Homeland Security Secretary Janet Napolitano, that the border is more secure and he thinks Washington meddling has made the borderlands more dangerous.

“The four border states risk their lives to a more significant degree than we need to because of the failures of this administration and bureaucrats who make decisions thousands of miles away without our safety and security in mind,” he said.

“Contrary to Janet Napolitano’s proclamations that the border is more secure than ever, last year in October we had the largest drug bust in Arizona history with “operation pipeline express” that netted nearly $3 billion in product, money and weapons that we seized from the Sinaloa drug traffickers,” he said.

Officers’ recovered 108 weapons, including two came tagged as from the Operation Fast and Furious program, he said.

“These were not handguns that our police and sheriffs carry, these were scoped rifles and AK-47s, semi automatic weapons. These are all prohibited processors for violent criminals from a foreign country and they think they own the place,” he said.
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Border Patrol agent shot, killed on patrol in Ariz

A U.S. Border Patrol agent was killed and another wounded in a shooting early Tuesday in Arizona near the U.S.-Mexico line, according to the Border Patrol.

The agents were shot while patrolling on horseback in Naco, Ariz., at about 1:50 a.m. MST Tuesday, the Border Patrol said in a statement.

The agents who were shot were on patrol with a third agent, who was not harmed, according to George McCubbin, president of the National Border Patrol Council, a union representing about 17,000 border patrol agents.

The shooting occurred after an alarm was triggered on one of the many sensors along the border and the three agents went to investigate, said Cochise County Sheriff's spokeswoman Carol Capas.

Authorities have not identified any suspects, Capas said. It is not known whether the agents returned fire, she said.

The wounded agent was airlifted to a hospital after being shot in the ankle and buttocks, the Border Patrol said. He is in surgery and expected to recover, McCubbin said.

Authorities have not identified the agents who were assigned to the Naco station, about 100 miles southeast of Tucson.

The last U.S. Border Patrol agent fatally shot on duty was Brian Terry, who was killed in a shootout with Mexican bandits near the border in December 2010. The shooting was later linked to the Fast and Furious gun smuggling operation.

The border patrol station in Naco was recently named after Terry.

The FBI, which also is investigating the shooting, did not immediately return calls Tuesday.
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What happens on the border...

A recent trip to "Border School and Tour" in El Paso, Texas by two sheriff's from Oregon has created quite a stir in the media.
Groups that support the illegal alien population in our state are attempting to divert attention from the real issues and danger of the cartel presence and the related crimes, drug use, murder and violence. Does that mean that these groups, such as CAUSA, support the drug cartels foothold in Oregon?

Pro-illegal alien groups are attempting to put the focus on the cost of sending two sheriffs to Border School but avoid talking about the incredible cost to our state caused by the presence of Mexican drug cartel traffickers. Where is their outrage about that?

Oregon citizens should be proud that two sheriff's from Oregon attended, learned and can share what they learned with other law enforcement agents.

Read the Oregonians report here.

Read the Willamette Week's report here.

 


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Cleric accused of planning Oregon al-Qaida camp can be sent to U.S., court says

LONDON — A European court ruled today that radical Muslim cleric Abu Hamza al-Masri can be extradited to the United States to face terrorism charges, including allegedly trying to set up an al-Qaida training camp in rural Oregon.

The decision means that al-Masri, considered one of Britain's most notorious extremists, could be deported within weeks.

Al-Masri and four other terrorism suspects in Britain had argued before the European Court of Human Rights that they could face prison conditions and jail terms in the U.S. that would expose them to "torture or inhuman or degrading treatment or punishment" in breach of the European human rights code.

In April, the Strasbourg, France-based court rejected those claims. Al-Masri and the others lodged an appeal, but the court refused to hear it. "Today the Grand Chamber Panel decided to reject the request," the court said in a brief statement. It did not give a reason for refusing the appeal.

Britain's Home Office and the U.S. Department of Justice welcomed the decision. "We will work to ensure that the individuals are handed over to the U.S. authorities as quickly as possible," said the Home Office.

The suspects, who are accused of crimes such as raising funds for terrorists, could face life sentences in a maximum-security prison.

The U.S. accuses Al-Masri, who is blind in one eye and wears a hook for a hand, of assisting the taking of 16 hostages in Yemen in 1998 and of conspiring to set up a terrorist training camp in Bly, Ore., between 2000 and 2001.

He is also accused of preaching jihad — holy war — in Afghanistan.

The cleric, who is known for his fiery anti-Western and anti-Semitic outbursts, claims he has lost his Egyptian nationality, but Britain considers him an Egyptian citizen. He is currently serving a seven-year prison term in Britain for inciting hatred.

In Washington, Dean Boyd, spokesman for the National Security Division of the U.S. justice department, said: "We are pleased that the litigation before the European Court of Human Rights in these cases has come to an end, and we will be working with the U.K. authorities on the arrangements to bring these subjects to the United States for prosecution."

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OFIR President attends National Sheriff's Border School and Tour

El Paso, Texas hosted the Border School event that brought 60 Sheriff's from across the country to learn "What happens on the border, doesn't stay on the border".  Two sheriff's from Oregon attended.  OFIR salutes Morrow County Sheriff Kenneth Matlack and Multnomah County Under Sheriff Tim Morrow. 

Photos posted in the OFIR photo gallery. Read more about OFIR President attends National Sheriff's Border School and Tour

A step in the right direction

Alert date: 
September 19, 2012
Alert body: 

The Obama administration announced that illegal aliens who take advantage of the “Deferred Action” rule, (DACA), will not be eligible for heath insurance under Obama Care.

The reason given for the denial is that illegal aliens applying for Deferred Action do not meet the definition of “lawfully present.”

In that Oregon’s driver license law, (SB 1080) requires “legal presence in the United States” it appears that Governor Kitzhaber's plan to grant driver licenses to DACA beneficiaries cannot proceed.  The Oregon Department of Justice is reviewing that decision now.

Read the New York Times article.

What happens on the border, doesn't stay on the border

Alert date: 
September 17, 2012
Alert body: 

In a continuing effort to be well educated about the complexities of the issues surrounding illegal immigration, OFIR's President will travel to El Paso, Texas to attend the National Sheriff's Border School and Border Tour. The program is a rigorous and in-depth look at the issues faced each and every day by Law Enforcement officials not just on the border, but throughout the country.  Check back for updates.

1,240 foreign nationals (criminal aliens) incarcerated in DOC prison system

According to the Oregon Department of Corrections (DOC) Inmate Population Profile dated August 1, 2012 DOC indicated there were 14,215 prisoners incarcerated in DOC’s 14 prisons (See attachment).

Not included in DOC’s August 1st Inmate Population Profile was DOC data indicating there were 1,240 foreign nationals (criminal aliens) incarcerated in its prison system (See attachment).

All 1,240 criminal aliens incarcerated on August 1st by DOC had United States (U.S.) Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), detainers. The U.S. DHS–ICE is responsible for identifying whether a DOC inmate is a criminal alien or a domestic inmate. If an inmate is identified as being a criminal alien, at U.S. DHS–ICE’s request, the DOC places an “ICE detainer” on the inmate that directs DOC officials to transfer custody to ICE following completion of the inmate’s state sanction.

Criminal aliens made up approximately 8.72% of the DOC August 1st prison population (See table).

 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates

DOC Domestic Inmates

DOC Inmates W/ICE detainers

DOC % Inmates W/ICE detainers

August 1, 2008

13,595

12,518

1,077

7.92%

August 1, 2009

13,903

12,687

1,216

8.75%

August 1, 2010

14,054

12,809

1,245

8.86%

August 1, 2011

14,027

12,810

1,217

8.68%

August 1, 2012

14,215

12,975

1,240

8.72%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08rtf – 01 AUGUST 12.rtf and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

Comparing DOC criminal alien incarceration numbers from August 1, 2008 (1,077 criminal aliens) and August 1, 2012 (1,240 criminal aliens), the DOC prison system incarcerated 163 criminal aliens more than it did on August 1, 2008, a 15.13% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Inmates W/ICE detainers

DOC Inmates W/ICE detainers # Increase or (Decrease) from Previous Year

DOC Inmates W/ICE detainers % Increase or (Decrease) from Previous Year

August 1, 2008

1,077

————

————

August 1, 2009

1,216

139

12.91%

August 1, 2010

1,245

29

2.38%

August 1, 2011

1,217

(28)

(2.25%)

August 1, 2012

1,240

23

1.89%

Total

163

15.13%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08 – 01 AUGUST 12 and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

When comparing DOC domestic criminal incarceration numbers from August 1, 2008 (12,518 domestic criminals) and August 1, 2012 (12,975 domestic criminals), the DOC prison system incarcerated 457 domestic criminals more than it did on August 1, 2008, a 3.65%% increase (See table).
 

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Domestic Inmates

DOC Domestic Inmates # Increase or (Decrease) from Previous Year

DOC Domestic Inmates % Increase or (Decrease) from Previous Year

August 1, 2008

12,518

————

————

August 1, 2009

12,687

169

1.35%

August 1, 2010

12,809

122

0.96%

August 1, 2011

12,810

1

0.01%

August 1, 2012

12,975

165

1.29%

Total

457

3.65%

Source: Research and Evaluation DOC Unit-ICE inmates lists 01 AUGUST 08 – 01 AUGUST 12 and Inmate Population Profile 01 AUGUST 08 – 01 AUGUST 12.

A review of the 1,240 criminal aliens in DOC prisons by number per county and percentage (%) per county equated to the following: 0-Baker (0.00%), 14-Benton (1.13%), 86-Clackamas (6.93%), 8-Clatsop (0.64%), 1-Columbia (0.08%), 9-Coos (0.72%), 3-Crook (0.24%), 1-Curry (0.08%), 17-Deschutes (1.37%), 5-Douglas (0.40%), 1-Gilliam (0.08%), 1-Grant (0.08%), 3-Harney (0.24%), 6-Hood River (0.48%), 47-Jackson (3.79%), 13-Jefferson (1.05%), 11-Josephine (0.89%), 10-Klamath (0.81%), 0-Lake (0.00), 68-Lane (5.48%), 8-Lincoln (0.64%), 28-Linn (2.26%), 10-Malheur (0.81%), 279-Marion (22.50%), 7-Morrow (0.56%), 280-Multnomah (22.58%), 1-OOS (0.08%), 19-Polk (1.53%), 0-Sherman (0.00%), 3-Tillamook (0.24%), 23-Umatilla (1.85%), 2-Union (0.16), 0-Wallowa (0.00%), 4-Wasco (0.32%), 238-Washington (19.19%), 0-Wheeler (0.00%), and 34-Yamhill (2.74%).

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

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%).

Oregon State Legislators should not overlook the source of the preceding crimes, the country of origin of the 1,240 criminal aliens in DOC prisons.

The self-declared counties of origin of the 1,240 criminal aliens in the DOC prison population by numbers and percentage (%) per country equated to the following: 9-Canada (0.72%), 12-Cuba (0.97%), 17-El Salvador (1.37%), 32-Guatemala (2.58%), 12-Honduras (0.97%), 7-Laos (0.56%), 1,017-Mexico (82.02%), 89-others (7.18%), 6-Philippines (0.48% ), 8-Russia (0.64%), 13-Ukraine (1.05%), and 18-Vietnam (1.45%).

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens pose high economic cost on Oregonians.

An individual prisoner in the DOC prison system costs approximately ($82.48) per day to incarcerate (See link).

http://www.oregon.gov/DOC/PUBAFF/docs/pdf/IB_53_quick_facts.pdf

The DOC’s incarceration cost for its 1,240 criminal alien prison population is approximately ($102,275.20) per day, ($715,926.40) per week, and ($37,330,448.00) per year.

Even taking into account fiscal year 2011 United States Federal Government State Criminal Alien Assistance Program (SCAAP) award of $2,669,738.00 if the State of Oregon receives the same amount of SCAAP funding for fiscal year 2012, the cost to incarcerate 1,240 criminal aliens to the DOC will be at least ($34,660,710.00) (See link).

http://www.ojp.usdoj.gov/BJA/grant/11SCAAPAwards.pdf

None of my preceding cost estimates for the DOC to incarcerate the 1,240 criminal aliens include the dollar amount for legal services (indigent defense), court costs, nor cost estimates to cover victim assistance.


An unfortunate fact, the State of Oregon is not fully cooperating with the U.S. DHS–ICE to fight crime committed by criminal aliens who reside in Oregon.

In year 2007, a United States Department of Justice (USDOJ) report titled “Cooperation of SCAAP (State Criminal Alien Assistance Program) Recipients in the Removal of Criminal Aliens from the United States, U.S. Department of Justice, Office of Inspector General Audit Division, Audit Report 07-07, August 2007, Redacted-Public Version” identified the State of Oregon as having an official “state sanctuary statute,” ORS 181.850 Enforcement of federal immigration laws (See link).

http://www.usdoj.gov/oig/reports/OJP/a0707/final.pdf

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

An Oregon law, Oregon Revised Statue 181.850 (ORS 181.850), Section (1), prohibits Oregon law enforcement (Oregon State Police (OSP), county sheriffs, city police departments) from asking immigration status of anyone residing in the State of Oregon “for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws.” Under ORS 181.850, Section (2), Oregon law enforcement may exchange information with U.S. DHS–ICE . . . “in order to: Subsection (a), “Verify the immigration status of a person if the person is arrested for any criminal offense;” or, Subsection (b), “Request criminal investigation information with reference to persons named in records of the” U.S. DHS–ICE . . . (See link).

http://www.leg.state.or.us/ors/181.html

The State of Oregon should no longer be classified by U.S. federal government law enforcement as having an official “state sanctuary statute” for criminal aliens, nor should Oregon be a sanctuary for criminal aliens to kill, rape, or maim Oregonians.

I ask the Oregon Legislature to please introduce, support, and pass legislation to fight foreign national crime in the next Oregon State Legislature legislative session.
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