ICE

Oregon Illegal Immigrants to Protest Ahead of Trump Inauguration

Hundreds of illegal immigrants living in Oregon are expected to protest at the State Capitol against expected tighter immigration enforcement under President-Elect Donald Trump, just days before his Inaugural Address.

Over 500 Oregon residents and illegal immigrants are expected to attend the event, according to the Portland Tribune. U.S. Senator Ron Wyden (D-OR) and U.S. Rep. Kurt Schrader (D-OR) will also be in attendance at the rally.

The open borders organization One Oregon asked residents to “denounce Trump’s agenda of hate and exclusion” by joining the protest.

“We must unite to stop Trump’s first 100 days of hate,” One Oregon officials wrote in a news release. “We call on Oregonians, community organizations, and our local elected leaders to join us.”

The group objects to Trump’s immigration plans, which includes building a border wall along the U.S.-Mexico southern border, reducing legal immigration levels, and deporting criminal illegal immigrants.

During a recent news conference, Trump said the building of the border wall would “start immediately” after he takes office on January 20, Breitbart News reported.

I could wait about a year and a half until we finish our negotiations with Mexico, which will start immediately after we get into office,” Trump said during his recent news conference. “But I don’t want to wait. Mike Pence is leading an effort to get final approvals through various agencies and through Congress for the wall to begin.”

“I don’t feel like waiting a year or year and a half,” Trump continued. “We’re going to start building,”

In California, one of Oregon’s neighboring states, open border allies like Lt. Gov. Gavin Newsom have already concocted plans that attempt to halt the border wall, though the plans seem unlikely to change anything, Breitbart Texas reported.

“There are all kinds of obstructions as it relates to just getting zoning approval and getting building permits,” Newsom said of trying to stop the border wall while being interviewed on a local podcast. “All those things could be made very, very challenging for the administration.”

John Binder is a contributor for Breitbart Texas. Follow him on Twitter at @JxhnBinder. Read more about Oregon Illegal Immigrants to Protest Ahead of Trump Inauguration

ICE Deportations Hit 10-Year Low

WASHINGTON (January 12, 2017) – The Center for Immigration Studies new report analyzes the FY 2016 enforcement statistics from the Office of Immigration Statistics (OIS), released by Department of Homeland Security on the last work day of the calendar year, on the eve of a holiday weekend. The deportation numbers credited to ICE are the lowest since 2006.

Aliens removed from the interior in 2016 have declined 73 percent from 2009, the year President Obama took office; and, unfortunately for community safety, there has been a 60 percent decline from the peak in interior criminal alien removals in 2010.

Unlike in past years, the annual enforcement reports contain only a fraction of the important statistics that traditionally have been published on the work of the immigration agencies. Past numbers allowed observation of historical trends and comparisons that are more difficult to make now.

View the full report at: http://cis.org/ICE-deportations-hit-10-yr-low.

Jessica Vaughan, the Center’s director of policy studies and author or the report, lamented, “DHS discloses few actual statistics now, and even fewer trends. Instead they claim success because most of those removed were 'priorities,' not because the agencies made any headway on the illegal immigration problem. The new reports are of interest only to those who believe that enforcement should be constrained as much as possible. They are of no use to the rest of us who want to know what the DHS agencies actually did all year with taxpayer funds.”

Key Findings

  • Deportations credited to ICE in 2016 increased by two percent. All of the increase was in cases of aliens arrested by the Border Patrol, not interior enforcement.
  • Interior deportations fell from 69,478 in 2015 to 65,322 in 2016, out of a population of illegal aliens now estimated at 12 million.
  • Deportations of criminal aliens fell from 63,127 in 2015 to 60,318 in 2016, out of an estimated population of 2 million criminal aliens.
  • The number of deportations under the Obama administration is not easily comparable to prior administrations because of the number of border cases included, but it certainly is not record-breaking, as Obama has claimed. The most deportations occurred under the Clinton administration.
  • DHS maintains that CBP arrests have always been a large share of ICE deportations, but in fact this is a new development under the Obama administration. In prior administrations only one-third of deportations credited to ICE were border cases; now about two-thirds are border cases.

A peek behind the curtains at ICE

 
Dan Cadman is a retired INS/ICE official with many years’ experience enforcing immigration laws back in that distant era when there was some actual enforcement of those laws.  He now writes for the Center for Immigration Studies, exposing case after case of malfeasance in our current immigration program. 
 
He applauds candidate Donald Trump’s promise to triple the number of ICE (Immigration and Customs Enforcement) deportation officers, and offers a fascinating inside look at how the US ICE of today developed, and how it came to be functioning as it does today.  The story is as byzantine as any movie Hollywood could dream up.
 
Here are some excerpts from his article of Sept. 7, 2016, A Closer Look at Trump’s Promise to Triple the ICE Officer Corps:
 
“Trump was careful to say that he would triple the number of deportation officers in ICE. That was a measured distinction — a recognition that ICE is itself divided into two somewhat incompatible functions. The two divisions within ICE are Enforcement and Removal Operations (ERO — the 'deportation officers') and Homeland Security Investigations (HSI — the special agents). HSI probably has a bit more than half of the agent/officer corps within ICE. They are paid at a higher grade level. Once upon a time, HSI maintained the fiction that it did the ‘higher level’ immigration enforcement work while ERO was simply there to ‘pick up the bodies’. That was never really true, because when ICE was created the former U.S. Customs agents, disliking their shotgun wedding with the former Immigration and Naturalization Service (INS) officers, undertook a hostile takeover of the investigations division and ruthlessly weeded out the immigration types, forcing them into ERO. Still, it recognized the need for at least a certain amount of maintenance work in the immigration arena. Even that facade has crumbled, in no small measure because this administration would much rather that the HSI agents do no immigration enforcement:   …
 
“HSI at the outset had a robust program designed to combat alien smuggling. This was in no small measure because it had inherited a seasoned cadre of anti-smuggling investigators from the INS. They too found a hostile work environment within HSI, a general lack of appetite for their work, and either voluntarily or under pressure migrated into ERO. Now alien smuggling efforts constitute significantly less than 10 percent of HSI's agent productive hours.  …
 
“Trump may not be fully aware of this ‘inside baseball’ look at ICE's structure and dysfunction as it has developed under the Obama administration, but it is clear that someone who is giving him advice on immigration matters is extremely knowledgeable about the current lamentable state of affairs; …
 
“Whoever it is that provided the advice to Mr. Trump, let me offer a word of thanks on behalf of the many Americans who are deeply concerned over the immigration vacuum that has developed, and let us hope that the next administration takes its responsibility to enforce the immigration laws seriously.”
 

The Miscarriage of Justice Department

The constitutional challenge to President Obama’s executive action on immigration keeps getting more remarkable. A federal judge has now exposed how the Justice Department systematically deceived lower courts about the Administration’s conduct, and he has imposed unprecedented legal measures to attempt to sterilize this ethics rot.

On Thursday District Judge Andrew Hanen of Texas found that Obama Administration lawyers committed misconduct that he called “intentional, serious and material.” In 2015 he issued an injunction—now in front of the Supreme Court—blocking Mr. Obama’s 2014 order that rewrote immigration law to award legal status and federal and state benefits to nearly five million aliens.

When 26 states sued to block the order in December 2014, Justice repeatedly assured Judge Hanen that the Department of Homeland Security would not start processing applications until February 2015 at the earliest. Two weeks after the injunction came down, in March, Justice was forced to admit that DHS had already granted or renewed more than 100,000 permits.

Justice has also conceded in legal filings that all its lawyers knew all along that the DHS program was underway, despite what they said in briefs and hearings. One DOJ lawyer told Judge Hanen that “I really would not expect anything between now and the date of the hearing.” As the judge notes, “How the government can categorize the granting of over 100,000 applications as not being ‘anything’ is beyond comprehension.”

Justice’s only explanation is that its lawyers either “lost focus on the fact” or “the fact receded in memory or awareness”—the fact here being realities that the DOJ was required to disclose to the court. The states weren’t able to make certain arguments or seek certain legal remedies because the program supposedly hadn’t been implemented, leaving them in a weaker legal position.

More to the point, an attorney’s first and most basic judicial obligation is to tell the truth. Judge Hanen concludes that the misrepresentations “were made in bad faith” and “it is hard to imagine a more serious, more calculated plan of unethical conduct.” Many a lawyer has been disbarred for less.

As a result, Judge Hanen ordered that any Washington-based Justice lawyer who “appears or seeks to appear” in any state or federal court in the 26 states must first attend a remedial ethics seminar on “candor to the court.” He also ordered Attorney General Loretta Lynch to prepare a “comprehensive plan” to prevent such falsification. Such extraordinary judicial oversight is usually reserved for companies with a pattern of corruption or racially biased police departments. Justice is sure to appeal, and whether Judge Hanen has the jurisdiction to impose his plan is uncharted legal territory.

Yet the misconduct he has unmasked should trouble Americans of all political persuasions. Prosecutors often abuse their powers in run-of-the-mill cases. But this is a constitutional challenge with major consequences for the separation of powers, and the deceit must have required the participation and coordination of dozens of political appointees and career lawyers. That suggests a serious institutional failure, not mere rogue actors.

Main Justice may have figured that the state challenge would be tossed for lack of standing, and thus its dissembling wouldn’t matter. This would mean that President Obama’s refusal to recognize the legal limits of his executive power has spread a culture of lawlessness among his lawyers too.

AG Lynch could salvage the credibility of the Justice Department by explaining how this breakdown happened. Whether you worry about how Hillary Clinton or Donald Trump would wield government powers, everyone has an interest in an honest accounting of the facts that were denied to Judge Hanen. Read more about The Miscarriage of Justice Department

President Obama: Accessory to the Crimes Committed By Illegal Aliens?

On Tuesday, April 19, 2016, the House Subcommittee on Immigration and Border Security conducted a hearing on the topic, “The Real Victims of a Reckless and Lawless Immigration Policy: Families and Survivors Speak Out on the Real Cost of This Administration’s Policies.”

I urge you to watch the entire video of that important hearing...

The witnesses at this hearing were: Sheriff Charles Jenkins of Frederick County, Maryland; Michelle Root, the mother of Sarah Root; Laura Wilkerson,  the mother of Joshua Wilkerson; and Bishop Minerva Carcaño of the United Methodist Church.

The timing of the hearing could not have been better because the day before, on Monday, April 18th, the Supreme Court heard oral arguments on the administration's implementation of the DAPA program (Deferred Action for Parents of Americans and Lawful Permanent Residents)...

...President Obama stood in the White House Rose Garden to proclaim that “since Congress failed to act” he was going to take action. Of course to Obama, his concept of a "failure of Congress to act” was the refusal of Congress to pass bad legislation. When Congress votes down bad legislation, they most certainly are acting.

Obama also deceptively said that this was about children, kids and young people, even though illegal aliens as old as 31 years of age could apply for this program...

...Incidentally, I cannot pass up the opportunity to note that while the term “alien” has come under attack by Obama and his supporters, the open borders anarchists, the term “DREAMers” is derived from the acronym for the “Development, Relief, and Education for Alien Minors” Act. 

The “a” in DREAMers stands for “aliens.” ...

The congressional hearing that was conducted on the heels of oral arguments at the Supreme Court illuminated the level of carnage that Obama's executive orders, policy decisions and misuse of prosecutorial discretion has unleashed on America and Americans.

Rep. Trey Gowdy, the Chairman of the House Immigration Subcommittee, opened the hearing with his statement that set the stage and the tone for what would follow. Breitbart.com used one of Rep. Gowdy's statements as the title for the article “Trey Gowdy: More Illegal Immigrants Convicted of Crimes At Large in the U.S. Than The Population of Pittsburgh.” Gowdy noted that simply stating that there are more than 350,000 known criminal aliens at large throughout the United States is a statistic and statistics are often not persuasive, so he thought he needed to put that huge number in perspective. And, indeed, he did....

Congressman Lamar Smith of Texas had previously chaired the House Immigration Subcommittee and the House Judiciary Committee...

Smith's understandable outrage at the April 19th hearing became readily apparent when he stated rhetorically that he wondered if President Obama might be an accessory to the crimes committed by illegal aliens since he has implemented policies that he knows are going to result in the loss of life to innocent Americans, noting that the administration had released from custody some 100,000 aliens who had been convicted of committing serious crimes. He also noted that although it has been estimated that illegal aliens account for about 3% of the U.S. population, they account for 30% of all murders -- making illegal aliens 10 times more likely to commit murder than anyone else.

Congressman Smith came up with some additional staggering and infuriating statistics. He noted that of the 100,000 aliens that Obama had released from custody, 473 had been previously convicted of committing homicides, 375 of these criminal aliens had been convicted of kidnapping, 890 of these released criminal aliens had been previously convicted for committing sexual assaults and others of this stellar group of “pre-citizens” (the term I decided to use when, during the Carter administration all INS personnel were told to stop using the term “illegal alien” to describe aliens illegally present in the United States) had been previously convicted of committing 10,731 assaults...

As bad as these statistics are, Smith went on to report that since the release of these criminal aliens, many have gone on to further their criminal careers by committing 124 additional (known) homicides from 2010 until 2014 and an additional 1,423 sexual assaults.

Trey Gowdy noted that people tend to not pay attention to statistics so he decided to compare the number of criminal aliens currently at large with the population of a major U.S. city.

...two of the witnesses who testified at the congressional hearing, as I noted at the beginning of this article, were Michelle Root, the mother of Sarah Root, and Laura Wilkerson, the mother of Joshua Wilkerson.

Ms. Root and Ms. Wilkerson both lost their children to illegal aliens.

The title of a Breitbart.com news article posted on the day of the hearing was based on Michelle Root's poignant and heart-breaking prepared testimony at the hearing: “Mother of Daughter Killed by Illegal: His Bail Was ‘Less Than it Cost to Bury My Baby.’

The illegal alien in this case was released on bail and it is believed he fled to his native Honduras, availing himself use of the “escape hatch” foreign criminals and terrorists frequently avail themselves of: the ability to flee our nation to escape the long reach of the law.

The day after the hearing CNS News posted a report about the compelling testimony of Laura Wilkerson at that hearing in an article that summed up the anguished mother's demands of our elected “representatives.”

The title of that article was, “Mother of Teen Murdered by Illegal Immigrant Tells Congress: ‘Do Something – It Is Your Job.’

Wilkerson’s prepared testimony provided horrific details about the torture and murder of her high school student son by Hermilo Vildo Moralez, an illegal alien.

Sheriff Charles Jenkins of Frederick County, Maryland discussed how since the “surge” of “unaccompanied minors” the high schools and even lower grade schools have witnessed a massive increase in gang activity by those aliens who flooded across our southwest border. Sheriff Jenkins noted that the majority of those gang members who have been arrested arrived across that border after 2013...

Rep. Bob Goodlatte is the Chairman of the House Judiciary Committee and participated in this hearing. His final statement in his prepared testimony will serve as the conclusion for my commentary today:

By releasing known criminal aliens and refusing to secure our border, the Administration has sent a clear message to the American people that their safety and security are far less important than ensuring that these individuals remain here. I want to see these dangerous policies stopped, and I will continue working to stand in the way of President Obama’s pen and phone. The real costs of illegal immigration are something no family should be forced to pay.

Two arrested in Medford slaying

Medford police on Wednesday arrested both the suspected shooter in a downtown Medford homicide and the man they believe egged him on.

Shane Anthony "Scarface" Zornes, 25, of Spokane, who is suspected of fatally shooting 27-year-old Isaac Deleon early Sunday morning on Bartlett Street, was arrested by Medford police detectives and other law enforcement in the small town of Rosalia, Wash., near Spokane.

Medford police Lt. Mike Budreau said two Medford detectives, Whitman County sheriff's deputies and Spokane police officers surrounded the home of an associate of Zornes Wednesday.

"He came out with his hands up and complied with officers' orders," Budreau said.

Zornes will be extradicted to Jackson County to face a charge of murder and conspiracy to commit murder, he said.

Medford police also added murder charges against Ruben Escareno Marmolejo, 30, of Spokane, Wash., whom they believe told Zornes to shoot Deleon, a Central Point resident.

Marmolejo was arrested on a Washington warrant listing drug charges about 30 minutes after the shooting in the area of Crater Lake Avenue and Bennett Street in Medford. Marmolejo was questioned about possible involvement in the homicide at the time, but was jailed Sunday on the drug charges, police said, and has been held in the Jackson County Jail since then.

A Jackson County grand jury indicted Zornes and Marmolejo on murder charges late Wednesday afternoon. The indictment charged Zornes with murder and criminal conspiracy to commit murder, and Marmolejo on murder, criminal conspiracy to commit murder and solicitation to commit murder.

The grand jury heard from six witnesses Wednesday, including Medford police detectives Justin Ivens and William Ford and three civilian witnesses. Testimony took about 50 minutes, according to a release from prosecutors, Chief Deputy District Attorney Jeremy Markiewicz and Deputy District Attorney Zori Cook. The grand jury deliberated for about five minutes before announcing that an indictment had been issued.

Budreau said detectives have yet to interview Zornes, and couldn't say how well Deleon knew Marmolejo and Zornes.

"We don't believe they were strangers," Budreau said.

Budreau said investigators don't believe gang activity was involved.

According to police reports, Deleon was walking near Bartlett and Main streets with friends at 2:15 a.m. Sunday when Zornes, Marmolejo and a third male approached them. After they talked for a short period, Zornes allegedly pulled a handgun out and shot Deleon in the chest and fled east.

The investigation so far has found no criminal culpability for a third person of interest who was with Zornes and Marmolejo. The third person of interest was later interviewed and released.

"Although he fled on foot, that doesn't constitute a criminal charge of murder," Budreau said. "He didn't have any criminal liability."

Police had tracked Zornes to the Motel 6 on Biddle Road in Medford at noon Monday, but just missed him. While they were canvassing the area, a witness claimed that a man matching Zornes' description reportedly tried to sell him two handguns in the parking lot of Witham Truck Stop Restaurant.

Budreau said that with the two suspects in the shooting captured, investigators will be better able to determine the reason behind Deleon's death. He added the cause of the shooting is still under investigation, and likely won't be divulged until Zornes' and Marmolejo's trials.

"As far as all of the stuff leading up to this, that's still under investigation," Budreau said.

NOTE:  MARMOLEJO, RUBEN ESCARENO - ICE HOLD

34 Oregon drug offenders join early release exodus of 6,000 U.S. prisoners

The U.S. Bureau of Prisons began to free the first of about 6,000 drug offenders in its custody on Friday, including dozens convicted in Oregon. All were convicted of serious drug crimes...

Federal judges in Oregon have ordered 34 prisoners cut loose under an amendment to federal sentencing guidelines, although 21 of them are heading into custody of U.S. immigration officials because they are not American citizens, said Thomas H. Edmonds, Oregon's top federal drug prosecutor.

The foreigners are expected to be held in U.S. Immigration and Customs Enforcement detention centers.

"In total, ICE anticipates taking into custody approximately 1,789 non-citizens on October 30 and November 2," ...  "Seven hundred sixty-three of these individuals have already been issued final orders of removal, while the others are in varying stages of processing and removal proceedings."

...eight of those prisoners are from Oregon and another five are Americans from outside the state. They will be supervised by U.S. Probation and Pretrial Services...

The sentence reductions were approved last year by the U.S. Sentencing Commission, which cut about two years off the sentences of many drug offenders.
  Read more about 34 Oregon drug offenders join early release exodus of 6,000 U.S. prisoners

Canada's fugitive turns up in Oregon prison, now faces extradition as suspected child rapist

Canadian authorities sent out a fugitive alert last year in the hunt for a man suspected of raping a teenage girl in Alberta – apparently unaware that he was already behind bars in a federal prison in Oregon...

Raed Arook's travels in and out of custody – including three illegal entries into the U.S. – is documented in U.S. court papers...

Canadian authorities now want to get the 39-year-old Arook back into custody on their side of the border, and U.S. officials want to comply under a long-standing extradition treaty between the two North American neighbors.

But Arook is contesting Canada's push to extradite him to Alberta, where the Crown Prosecutors Office wants to put him on trial for the alleged sexual assault of a 15-year-old girl in his Edmonton hotel room.

Agents discovered that Arook had first entered the U.S. illegally on April 7, 2007, tripping a Customs and Border Patrol surveillance camera five miles west of the Sweet Grass, Montana...

The U.S. apparently sent Arook back to Canada that June. But a few months later, on Oct. 17, 2007, he was convicted of drug possession in Houston...

U.S. authorities deported Arook to Israel on April 22, 2008.

More than five years later, according to government court papers, a 15-year-old girl in Edmonton, identified as "C.S.," gave authorities an account of her encounter with Arook on Sept. 10, 2013:

The two met outside the Strathcona Hotel, where Arook invited the girl up to his suite to do some methamphetamine. She agreed and entered the hotel lobby with the Israeli....

A desk clerk later told police that hotel workers discovered a fire escape ladder had been pulled down, a common way for hotel guests to sneak people in.

The girl told investigators that she entered the hotel room, where she and Arook and two other males smoked and snorted meth. She recalled waking about 2 p.m. the following day in Arook's bed, both of them naked, and found that she had difficulty walking. She went to Stollery Children's Hospital, where a sexual assault examination showed she had suffered abrasions to her genitalia.

Edmonton police arrested Arook and on Sept. 24, 2013, charged him with sexual assault and sexual interference. Both charges carry maximum sentences of up to 10 years in prison. But a little more than four months later, on Feb. 12, 2014, he posted a $5,000 recognizance bond and was released, according to Canadian authorities.

Arook was supposed to appear for trial last September, but failed to appear at the Court of Queens Bench of Alberta. Canadian authorities issued an arrest warrant the following day. But he was nowhere to be found.

At 12:35 p.m. that very day, a sheriff's deputy in Toole County, Montana, spotted Arook walking south on Interstate 15, about seven miles south of the U.S.-Canada border station at Sweet Grass...

The deputy took Arook to the sheriff's office, where he was questioned by U.S. Border Patrol agents. Arook gave them a phony name...

Arook later gave them his true name, and he was charged in federal court with illegally re-entering the U.S.

Last December, U.S. authorities sentenced Arook to one year and one day behind bars and sent him to the government prison complex in Sheridan, 50 miles from Portland.

Somehow, police and court officials in Canada never got the word.

Early last March, the Edmonton Police Service put out a bulletin that listed Arook as a fugitive....

"Arook's current whereabouts are not known," according to the police bulletin, which urged anyone with information about him to contact police or the Crime Stoppers tip line.

But U.S. authorities knew where he was. Arook was serving the last five months of his prison term in Sheridan. On Aug. 11, he completed his federal time and deputy U.S. Marshals transferred him from the prison to a downtown Portland jail.

Arook is now locked up in the Inverness Jail in Northeast Portland, where he's being held on a provisional arrest warrant out of Canada.

U.S. Magistrate Judge Stacie F. Beckerman is scheduled to hold an extradition hearing on Oct. 30.

Gorder filed a provisional arrest warrant in August that seeks to extradite Arook to Canada, rather than deport him to Israel.

Lawyers in the Oregon Federal Public Defender's Office, representing Arook in his fight to avoid extradition, pointed out in a recent court motion that his heritage is Palestinian, religion is Muslim and citizenship is Israeli. Therefore they seek U.S. documents that might indicate Arook would suffer political or religious persecution in Canada.

Raed Arook was booked into multiple police agencies in Canada and the U.S. after his 2013 arrest in Edmonton, Alberta, Canada. The 39-year-old Palestinian Muslim, who holds Israeli citizenship, is now fighting extradition to Canada, where he faces rape charges. His lawyers suggest he might be persecuted for his political or religious views.
  Read more about Canada's fugitive turns up in Oregon prison, now faces extradition as suspected child rapist

Police chiefs, sheriffs blast ICE over policy they say frees violent illegal immigrants

A California toddler fighting for her life Thursday after a brutal beating at the hands of an illegal immigrant with a long criminal record is the latest case to rile California sheriffs and police against a U.S. immigration policy they say is forcing them to release dangerous criminals out on the street.

Francisco Javier Chavez, the live-in boyfriend of the unidentified two-year-old's mother, is out on bail after being charged in the late July attack, which left the San Luis Obispo County girl with two broken arms, a broken femur, a compressed spine, a urinary tract infection and a fever of 107 degrees. Chavez's criminal record includes assault and drug convictions and arrests for violent acts including kidnapping, car jacking and cruelty to a child.

A disgusted San Luis Obispo Sheriff Ian Parkinson told FoxNews.com Chavez should have been locked away or deported long before he had the chance to inflict "horrific injuries" on the little girl, but said conflicting federal policies leave his department handcuffed. Instead, Chavez is now free, awaiting a court date for which he may not even show up.

"The law actually does not give us the right to place an ICE hold, unless there is a warrant for them. That is why we are united in California and asking that this be fixed and changed, because at end of the day, we are the ones who have to let them out the door.”

- San Luis Obispo Sheriff Ian Parkinson

“The truth is, if we had any legal right to hold him, we would, because of the concern that, not being a U.S. citizen, he will bail out and flee the country and flee prosecution,” said Parkinson, who suspects Chavez may have already fled the county.

The issue, says Parkinson and dozens of other sheriffs and police chiefs across California and Arizona, is that, while Immigration and Customs Enforcement routinely asks departments to hold prisoners like Chavez until they can take custody of them for deportation, the local law enforcement officials believe doing so will expose them to lawsuits. They cite court cases including the March, 2014, U.S. Court of Appeals for the Third Circuit ruling in Galrza v. Szalczyk that held states and localities are not required to imprison people based on ICE "detainer" requests, and that states and localities may be held liable if they participate in wrongful immigration detentions.

“I am not aware of any County in California that is honoring detainers, simply because we can’t,” Parkinson said. “We have to follow the law or the threat of violating the law ourselves,” Parkinson said, citing a Court decision issued approximately one year ago. “The law actually does not give us the right to place an ICE hold, unless there is a warrant for them. That is why we (local law enforcement) are united in California and asking that this be fixed and changed, because at end of the day, we are the ones who have to let them out the door.”

The Arizona Sheriffs’ Association agrees, noting every day ICE asks local sheriffs to ‘detain’ an inmate, yet don’t provide “rational, legal authority to do so,” putting sheriffs at enormous risk for legal liability. When the local authorities let an illegal immigrant criminal free on bail, they do so reluctantly - and they blame ICE.

ICE maintains there is no requirement that it obtain a judicial warrant to compel law enforcement agencies to hold suspects and that a detainer is sufficient. A spokesperson for ICE said the agency continues to work “cooperatively” with local law enforcement partners and is implementing a new plan, the Priority Enforcement Program – PEP, to place the focus on criminals and individuals who threaten the public safety and ensure they are not released from prisons or jails before they can be taken into ICE custody.

Martin Mayer, legal counsel to sheriffs and chiefs of police in 70 law enforcement agencies throughout California for the last 25 years, and general counsel to the California State Sheriffs’ Association, told FoxNews.com the U.S. Department of Justice, the California Office of the Attorney General, and ICE all take the position that the detainer is only a request and the law does not give sheriffs authorization to hold illegal immigrant suspects ordered released by a judge. 

If ICE agents are present when suspects are ordered released, and if they have the legal basis to take custody of them, they can, but local law enforcement does not have the authority to hold them in the absence of ICE, the California Sheriffs Association recently said in letter to Congress.

The American Civil Liberties Union's California chapter has been vocal in pressuring city police chiefs to honor the court rulings that said ICE detainers are mere requests, not mandates, and that honoring them would violate suspects' Constitutional rights.

“This (ACLU) letter to the cities states that ‘Your police department should immediately cease complying with immigration detainers, or else risk legal liability for detaining individuals in violation of the Fourth Amendment,’” Mayer said.

The ACLU did not respond to Fox News’ request for comment.

A string of murders across the country by criminal aliens has spotlighted the conflict between ICE and local law enforcement, and in recent days, caught the attention of lawmakers on Capitol Hill. After one of the cases, the July 24 murder of Marilyn Pharis, a 64-year-old Air Force veteran, Santa Maria Police Chief Ralph Martin blamed the state and federal governments for a convoluted policy that leaves local law enforcement holding the bag.

“I am not remiss to say that from Washington D.C. to Sacramento, there is a blood trail to Marilyn Pharis’ bedroom,” Martin said.
  Read more about Police chiefs, sheriffs blast ICE over policy they say frees violent illegal immigrants

Sanctuary Cities: No Peace And No Justice

by Michael Cutler - former INS Special Agent                                                                                                           Published in the Daily Caller July 10, 2015

The mere idea of providing illegal aliens with “protection” from federal law enforcement agents flies in the face of reason and commonsense.

Immigration enforcement personnel are charged with enforcing our immigration laws that were enacted to prevent the entry and continued presence of aliens whose presence in our country would be harmful or dangerous to America and Americans.  Shielding such aliens from detection by law enforcement officers turns logic on its head and makes it crystal clear that for all too many politicians on the local, state and federal level, that Americans who are injured or killed are simply to be written off as “collateral damage!”
 
This is the issue that I have focused on for my commentary today.
 
That the horrific death of Kathryn Steinle could have been prevented if a number of "public servants” had taken their oaths of office and their responsibilities seriously and worked to make certain that a convicted felon who not only had no lawful right to be in the United States, but whose presence in the United States represented a felony, is unfathomable.
 
Additionally, while this specific crime has captured the attention of the media- largely because one presidential candidate, Donald Trump, had the chutzpah to dare speak openly and unequivocally about the impact of the failure of our nation’s leaders to enforce our immigration laws, this sort of crime occurs virtually each and every day and, indeed, often many times each day.
 
While Trump’s use of language was not nuanced and was not artful, it certainly grabbed everyone’s attention.
 
Now that the topic has landed on the front page of just about every newspaper in the United States and has become the lead story in the mainstream media, we must not allow this issue to fade into the background as, undoubtedly new issues percolate in the realm of journalism.  We must seize the opportunities this provides to have an honest and candid conversation and not allow our politicians to attempt to offer the usual solutions that are not really solutions to simply create illusions that this issue is being dealt with so that the true dangers inherent in the failures of the immigration system will be put aside and quickly forgotten. 
 
What is now needed, more than new laws is more agents, more resources and a mandate that our federal government actually enforce the laws that are on the books right now!
 
Within the past few days, Hillary Clinton stated that there are those who don’t want to provide a "pathway to citizenship for immigrants.”  
 
That pathway to U.S. citizenship is already a part and parcel of our already existing Immigration and Nationality Act and, each year, well over one-half million lawful immigrants are granted United States citizenship via the naturalization process.  What Clinton is really advocating through her deceptive and intentionally misleading claim is that illegal aliens should be provided with United States citizenship.  These are foreign national who have no inherent right to be present in the United States.  They either evaded the vital inspections process conducted by Customs and Border Protection Inspectors at ports of entry or violated the terms of their admission after they were admitted into the United States.  Yet Clinton and other politicians are adamant that these aliens should be granted the highest honor and, indeed, the “Keys to the Kingdom” to such foreign nationals.
 
While criticizing any American who would oppose such lunacy she is attempting to vilify anyone who would express opposition to her plan to violate commonsense and the 9/11 Commission.  
 
In her parallel universe, those of us who want our immigration laws enforced don’t want to provide illegal aliens with a pathway to United States citizenship are unfair and xenophobic.  I would love her to find any country on this planet that would provide citizenship to illegal aliens.  This is the equivalent of providing a burglar with the key to the front door of the house he had broken into!
 
Politicians from both sides of the political aisle- “Demoncrats” and “Repugnantcans” alike, who want to provide illegal aliens with lawful status which is only one notch lower than citizenship.  For them, it would certainly seem that our immigration laws, which were enacted to protect American lives and the livelihoods of American are an impediment to their political goals.


  Read more about Sanctuary Cities: No Peace And No Justice

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