ICE

New immigration bill has more waivers and exceptions per page than Obamacare

“The revised [Gang of Eight] 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week. The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page… NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.”

The Senate’s “Gang of Eight” has released a new version of the immigration bill that contains 999 references to waivers, exemptions and political discretion.

The revised 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week.

The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page.

The Obamacare law contains 1,882 mentions of “unless,” “notwithstanding,” “except,” “exempt,” “waivers,” “discretion” and “may.” “Waiver” is mention 209 times in the law.

The new draft of the immigration bill — which will allow officials much control over the supply and cost of labor needed by American companies — has 85 mentions of “unless,” 150 uses of “except,” 18 inclusions of “exempt,” 92 mentions of “waiver,” 42 offers of “discretion,” 47 use of “notwithstanding” and 618 uses of “may” in the 876-page bill.

The Daily Caller subtracted mentions of “may not” from both bills’ final tally of exemptions and options.

President Barack Obama backs the bill, and told reporters Tuesday that it “is going to be a historic achievement.”

The bill has been crafted by eight senators, led by New York Sen. Chuck Schumer, the third-ranked Democrat in the Senate.

Alex Conant, a spokesman for Sen. Marco Rubio, the leading GOP supporter of the pending immigration bill, did not respond when asked by email if Rubio will ask for a delay to let his fellow GOP senators and their staffers read and understand the new version.

Since January, Rubio has declared that senators and outside opponents of the bill will have plenty of time to review the bill’s contents and to urge changes.

“Senator Rubio has said from the outset that we will not rush this process, and that begins at the committee level,” Conant told The Washington Post April 12.

“The Judiciary Committee must have plenty of time to debate and improve the bipartisan group’s proposal. … We believe that the more public scrutiny this legislation receives, the better it will become,” Conant said.

“We don’t see anything really coming to the [Senate] floor before, at the earliest, sometime in May,” McCain told Fox News’ Greta Van Susteren April 11.

“We want to give it plenty of time.”

Jessica Brady, a spokeswoman for the Judiciary Committee, declined Wednesday to say if the Democratic-run committee would delay the bill’s review.

Instead, she forwarded April 25 remarks by committee chairman Vermont Sen. Patrick Leahy.

“When we next meet, the bill will have been publicly available for three weeks. So before we vote on any aspect of it we and the public will have had the bill for some time,” he said.  The bill is extremely complex.

For example, there are 47 mentions of the term “notwithstanding,” each of which creates an exemption to the bill or to existing law. On page 339 of the new bill, a paragraph requires the amnesty be extended to illegals who voluntarily left the United States or were deported.

“Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act,” says the paragraph.

Another section allows the families of deported illegals, including family members who never visited the United States, to apply for the amnesty.

The limited-immigration group NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.

The group — which wants to reduce the current annual immigration rate of 1 million — has not released an estimate of how many people could arrive under the new draft.

Advocates for the bill have highlighted at least one change in the new version, which is the addition of language that is said to plug a gap created by the bill’s immediate elimination of the current E-Verify system and its projected creation of a new E-Verify system. E-verify is used by employers to gauge whether a job applicant has the right to work in the United States.

 

  Read more about New immigration bill has more waivers and exceptions per page than Obamacare

Keizer man arrested in DUII crash identified, has ICE hold

The man who allegedly caused a power outage for more than 1,000 Pacific Power users after he crashed into a light pole south of Aumsville Saturday night has been identified by the Marion County Sheriff’s Office.

Juan Carlos Bravo-Fernandez, 24, of Keizer, was arrested on DUII charges and criminal mischief. His bail on those charges was set at $15,000 but because he has an ICE hold, he will not be released on bail, said Sheriff’s Office spokesperson Don Thomson.

Bravo-Fernandez is scheduled to appear in Marion County Court at 3 p.m. today.

The Sheriff’s Office received a report about the crash at Shaff and West Stayton roads SE just before 11 p.m. Saturday.

Officials said the driver hit a sign giving directions to Aumsville and Stayton before crashing into the power pole.

Most customers reportedly had their power back by 8:30 a.m. Sunday, and the rest were restored a few hours later.

  Read more about Keizer man arrested in DUII crash identified, has ICE hold

Cops bust two drug mules on the same bus

In what police are calling a startling coincidence, two men with no connection to each other were arrested in Jackson County last week on the same northbound bus, both allegedly hauling pounds of heroin and methamphetamine.

Medford Drug and Gang Enforcement officials said the men were not working with each other. They just happened to get on the same bus in California with bags full of drugs, MADGE Lt. Brett Johnson said.

"We have no reason to believe these two were working with each other because the packaging was totally different and so were the drugs," Johnson said. "It's clear their drugs did not come from the same batch."

MADGE received a tip from federal agents who said Vincente Gomez-Chavez had 4.5 pounds of heroin and 1 pound of meth with him on a bus.

MADGE stopped the bus on April 9 near Phoenix and found Gomez-Chavez's stash, which Johnson said was some of the purest heroin local officers have seen in some time.

"This looked like it was poured directly from the lab and into the bags," Johnson said. "It would be too pure for anyone to use."

Usually heroin is mixed with several other materials to expand its volume and therefore its value, Johnson said.

Johnson said the meth found in Gomez-Chavez's luggage was a potent type of crystal most likely brewed in a super lab in Mexico. Gomez-Chavez would not provide a hometown, but police said they believe he lives in California.

As MADGE was checking the luggage officers learned that another man on the bus also was believed to be moving a load of drugs through the area.

Officers approached Jaime Joel Ruiz-Perez, 27, of Salem, and said they found that he had several plastic containers filled with meth stored on the bus.

The meth was from a different batch than that found on Gomez-Chavez, though it, too, was high quality, Johnson said.

"He had them broken into 11 containers, which equaled about a pound each," Johnson said.

Between the two of them, police figure about $700,000 in drugs was on the bus.

"It just happened that they were two guys on the same bus line with a large amount of drugs," Johnson said. "Whoever was their supplier is not going to be happy to lose that amount of drugs."

Both men remain lodged in the Jackson County Jail without bail.

Throughout the year, MADGE periodically stops buses rolling up and down the interstate.

"In this case, we had separate tips and worked them at the same stop," Johnson said. Read more about Cops bust two drug mules on the same bus

Man gets 3 years for sex crimes

An Albany man was sentenced to nearly three years in prison for sex crimes on Thursday in Linn County Circuit Court.

Miguel Lopez-Garcia, 36, pleaded no contest to attempted first-degree unlawful sexual penetration and attempted first-degree sexual abuse.

He will face deportation after he serves his sentence.

According to prosecutor Coleen Cerda, the adolescent victim was a family friend and staying at Lopez-Garcia’s house at the time of the crimes, in March 2010.

Cerda said the victim went into Lopez-Garcia’s room to get a treat, and he grabbed her, threw her down on the bed and sexually assaulted her.

The victim disclosed the abuse about a year and a half later.

The girl said the incident has helped tear her family apart. “My own mother does not believe me,” she wrote in a letter to Judge Thomas McHill.

“I hope no more kids get hurt by Miguel,” she added.

Lopez-Garcia was initially charged with two counts of first-degree sexual abuse and first-degree unlawful sexual penetration.

Defense attorney Forrest Reid said his client took a plea deal because he was facing up to 25 years in prison on one of the accusations.

“He continues to deny his culpability regarding these charges,” Reid said.

Several family members of Lopez-Garcia were present during the hearing.

His wife, Renee Lopez, said the report was the result of a family feud, and her husband pleaded to avoid the possibility of decades in jail if the case went to trial.

“I just don’t want everybody to think he was guilty,” she said.

  Read more about Man gets 3 years for sex crimes

Who's REALLY in charge?

A recent letter sent to Causa supporters:

On behalf of all of us here at Causa Oregon, we want to thank you for all your work and support. While there are still some big fights to win this year, we have accomplished so much in the first three months of 2013.

With your help, we have forged new alliances with our sisters and brothers in the LGBT, labor, faith, business and education communities. Together, we've harnessed the political power to pass the ten-year-long struggle for tuition equity in Oregon and gained national recognition for our collaborative work in registering new Americans to vote. And, just this week it was announced that Causa, the Act Network and our allies were successful in forcing the Multnomah County Sheriff to end his policy of detaining undocumented immigrants for low-level crimes and non-violent misdemeanors.

It's only three months in to 2013 and together we're already making historyThank you for being a tireless ally in our mission to promote the rights of Latinos and immigrants in Oregon. Together, we are ensuring a healthy, vibrant American democracy.

In Solidarity,

Francisco Lopez
Executive Director

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I would like to take a moment to address the "successes" listed in the letter:

1.) Causa appears to be a group whose mission is to cause the ruling bodies of our state to CAVE IN to their demands.

2.) Causa appears to be a group that, by hooking up with legitimate minorities with issues, they hope that the public won't notice that they are advocating for the RIGHTS(?) of those in our country illegally. 

3.) Illegal aliens perpetrate crimes in far greater numbers than their 'legal' peers.  Yet, they seem to feel they shouldn't be in jail and that they deserve special treatment from the Multnomah County Sheriff....and he obliged their demand.

4.) The last line was the worst:  Thank you for being a tireless ally in our mission to promote the rights of Latinos and immigrants in Oregon. Together, we are ensuring a healthy, vibrant American democracy.

First of all, Latino's and legal immigrants have rights.  Do Latino's have special rights?  Causa simply chooses to drop the word ILLEGAL from their immigrant vocabulary and hopes that no one will notice.  After all, who doesn't want to help an 'immigrant'?  And, to make matters worse, claiming they are ensuring a healthy, vibrant American democracy is just a LIE!  Here in Oregon, the cost of services to illegal aliens tipped the BILLION dollar mark.

Since when do any of us get to pick and choose which laws we obey and which laws we ignore?  People who come here illegally are breaking immigration laws.   If they work, they are breaking labor laws. If they steal, buy, or borrow a social security number, they are committing identity theft. But, shhhh...don't say anything about that....that's not nice.  They are bringing the culture of corruption from their homeland, right to our front door.

But, all that aside, the thing that bothers me the most, are the lawmakers that are bending over backwards to work with groups like Causa.  That's the most disappointing of all!  Elections are a great opportunity to clear the decks! Read more about Who's REALLY in charge?

DHS plans to release 5,000 illegal immigrants due to sequestration

House investigators learned Immigration and Customs Enforcement officials developed plans to release about 5,000 illegal immigrant detainees, although Department of Homeland Security Secretary Janet Napolitano has denied responsibility for the decision.

“An internal document obtained by the House Judiciary Committee shows that Administration officials at ICE prepared cold calculations to release thousands of criminal aliens onto the streets and did not demonstrate any consideration of the impact this decision would have on the safety of Americans,” committee chairman Bob Goodlatte, R-Va., announced.

The ICE document contains a table that proposes “reduc[ing] invoiced daily population by 1,000 weekly.” Between February 22 and March 31st, this plan would drop the number of detainees from 30,748 to 25,748.

“The decision to release detained aliens undermines the Department of Homeland Security’s mission to keep our homeland secure and instead makes our communities less safe and more vulnerable to crime,” Goodlatte said. “[R]egardless of sequestration, DHS actually has plenty of funding to pay for the detention of criminal aliens. Unfortunately, it seems Administration officials are more interested in using sequestration to promote their political agenda than as an opportunity to get our nation’s fiscal house in order.”

Napolitano said that it wasn’t her decision, even though ICE is part of DHS. “Detainee populations and how that is managed back and forth is really handled by career officials in the field,” she told ABC.

She also confirmed that the releases would continue. “We are going to manage our way through this by identifying the lowest risk detainees, and putting them into some kind of alternative to release,” Napolitano said at a Politico event, per The Daily Caller.

The New York Times profiled a “low risk” detainee released by ICE. The detainee was taken into custody “when it was discovered that he had violated probation for a conviction in 2005 of simple assault, simple battery and child abuse, charges that sprung from a domestic dispute with his wife at the time.” NRO’s Jim Geraghty asked, “If convictions for ‘simple assault, simple battery and child abuse’ make you ‘low-risk,’ what do you have to do for Janet Napolitano to consider you ‘high-risk’?” Read more about DHS plans to release 5,000 illegal immigrants due to sequestration

Man stopped on I-5 after driving 120 mph

Oregon State Police and Linn County deputies pursued and then stopped an 18-year old Springfield man going south on Interstate 5 after getting a driving complaint early Sunday evening south of Albany.

Angel Gamaliel Gallo, 18, was taken to the Linn County Jail and charged with felony attempt to elude, reckless driving, recklessly endangering another person, and he was cited for possession of less than an ounce of marijuana.

An 18-year-old male passenger was not arrested, and a trooper took that man to his residence in Eugene.

Oregon State Police described the stop this way:

A trooper attempted to pull Gallo over in his Volkswagen Golf with California plates near milepost 231 but Gallo did not stop and instead sped up to 120 miles an hour trying to get away. Another trooper set up spike strips near milepost 219. Gallo drove over the strips, deflating his left, front tire. The vehicle stopped near milepost 218 about 6:20 p.m.

The driver was arrested without incident.

One southbound lane was closed for about an hour so Gallo’s vehicle could be towed. 

ANGEL GAMALIEL GALLO - ICE HOLD
  Read more about Man stopped on I-5 after driving 120 mph

Meth traffickers aren't able to dodge federal penalties

A pair of large-scale methamphetamine traffickers arrested in Jackson County last year could not escape steep federal prison sentences after attempting to rush plea deals through state court that carry shorter incarceration terms, officials said.

The suspects were arrested while driving on Interstate 5 in March of 2011. The two were arrested by the Oregon State Police in unrelated incidents, according to the U.S. Attorney's Office.

On March 16, an OSP trooper stopped Jamie Eugene Muniz, 28, from Sacramento, on the freeway near Ashland. A search of his car turned up 10 pounds of meth wrapped in eight packages and hidden in a secret compartment in the center console. The estimated street value of the meth was $600,700.

The meth was destined for sale in the Portland area, officials said.

Four days later, an OSP trooper stopped a car driven by Francisco Hernandez-Figueroa, 29, of San Rafael, Mexico, on the freeway near Medford.

A search of the car found that it had been wired with an electronic activation system leading to two hidden compartments located behind the side panels in the rear passenger compartment. A switch hidden in the steering column opened the secret compartments, revealing 16 packages wrapped in black duct tape.

A total of 15 pounds of high-quality meth, with a street value of $870,000, was packed in the compartments.

Troopers also found $4,500 in $100 bills, believed to be proceeds from drug trafficking. The meth was bound for Seattle, officials said.

Law enforcement found that Hernandez-Figueroa had illegally entered the country with the intent of selling the large haul of meth.

Within a few days of their arrest both men demanded to plead guilty to the drug charges in state court. Their defense attorney advised them to do so to avoid a possible longer federal sentence, officials said.

The U.S. Attorney's Office had not reviewed the cases by the time each entered guilty pleas in state court, officials said.

Both were sentenced to nearly five years in Oregon prison, officials said.

However, this did not stop federal prosecutors from pursuing drug-trafficking crimes against the men. U.S. District Judge Owen Panner then sentenced Hernandez-Figueroa to 10 years in federal prison, while Muniz received five years of federal time.

The sentences will be served concurrently with the state convictions, officials said.

"These were some of the largest seizures of nearly 100 percent pure methamphetamine in Southern Oregon," said Amanda Marshall, U.S. Attorney for Oregon, in a news release. "The Department of Justice authorized our prosecution because the state convictions and sentences did not adequately vindicate the interest the United States has in prosecuting major drug traffickers." Read more about Meth traffickers aren't able to dodge federal penalties

Talent man faces attempted kidnapping charge

A Talent man arrested Saturday for allegedly attempting to drag a woman into his vehicle in east Medford Jan. 13 also attempted to lure at least two other women into his vehicle in the week before his capture, authorities say.

Fidel Flores-Avalos, 39, was taken into custody on one count of attempted second-degree kidnapping for allegedly trying to force a 22-year-old Medford women into his vehicle on the morning of Jan. 13 while she was walking through a Medford Center parking lot near Safeway, according to Medford police.

After repeatedly attempting to coax the woman into his Jeep, Flores-Avalos allegedly got out and grabbed the victim's body and purse and tried to force her into the vehicle's passenger seat before she escaped and fled, Medford police Lt. Mike Budreau said.

He also was suspected of trying to talk a 38-year-old woman into entering his car Thursday morning in the area of East Main and Almond streets, but his efforts were reportedly thwarted when he was interrupted by an unknown man, Budreau said.

A similar incident occurred Saturday along East Main and Genessee streets, and the 51-year-old woman escaped untouched but was able to provide investigators with a license plate number and description of the man and vehicle that matched the Jan. 13 incident, police said.

Medford police identified Flores-Avalos, of the 200 block of Talent Avenue, as the owner of that vehicle, police said. He then agreed to be interviewed at the Medford Police Department, where he told investigators he talked to the victims but insisted it was them asking him for rides, Budreau said.

"Obviously, he had a different version of the events," Budreau said.

Flores-Avalos was lodged in the Jackson County Jail on the single count of attempted second-degree kidnapping, which is a Class C felony in Oregon.

The charge stems from his allegedly grabbing the victim and trying to force her into the Jeep near Safeway, police said. In the other incidents, there was no force or touching involved, reports state.

"In some of the other cases, the behavior was concerning, but not criminal," Budreau said. "It didn't quite rise to the level of attempted kidnapping."

A fourth victim of a suspected attempted kidnapping came forward after news reports of the case surfaced Sunday, Budreau said. The 40-year-old woman, who lives on Royal Avenue, told police she believed Flores-Avalos was the man who has attempted to get her to ride in his Jeep several times since June, Budreau said.

Flores-Avalos has a history of misdemeanor arrests and traffic violations in Jackson County dating back to 1991 but no previous felony arrests here, court records show.

Flores-Avalos was being held Monday in jail on $5,000 bail, jail records show.

ICE HOLD - Fidel Flores-Avalos Read more about Talent man faces attempted kidnapping charge

Missing the point on immigration

A recent report on immigration enforcement from the Migration Policy Institute, touted in these pages by one of its authors Beyond secure borders, op-ed, Jan 7, was both mistaken and missed the point. The news release about the report announced: "The U.S. government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined."

This finding was the basis of widespread media coverage and will, as intended, be cited in the coming congressional debate over President Obama's plans to legalize the illegal-immigrant population and increase legal immigration beyond the level of 1 million people each year. The political purpose of the report is to enable supporters of the president's approach, both Democrats and Republicans, to claim that the "enforcement first" demand that sank President George W. Bush's amnesty effort in 2007 has finally been satisfied, so no legitimate objection remains to "moving beyond" enforcement.

The first problem with this is that the report's central claim is false. As the names of the relevant agencies suggest — Immigration and Customs Enforcement (ICE); Customs and Border Protection (CBP) — much of what they do has nothing to do with immigration. Recent ICE news releases, for instance, highlight a drug seizure, the sentencing of a child pornographer and a guilty plea by someone trying to smuggle dinosaur fossils. Important activities, no doubt, but ones clearly unrelated to immigration enforcement.

Beyond that, the report focuses on the wrong thing. In typical Washington bureaucratic fashion, it confuses resource inputs with policy results. There has indeed been a significant increase in funding for immigration enforcement, and this increase was desperately needed after decades of neglect — something that became undeniable after 9/11. But to claim, as Doris Meissner wrote in The Post, that a certain percentage increase in appropriated funds has allowed the nation to build "a formidable immigration enforcement machinery" is incorrect.

The report suggests that the billions spent on immigration enforcement have reached a point of diminishing returns. But take the example of the U.S. Border Patrol, a CBP agency. The number of agents has doubled over the past decade, to more than 21,000. That seems impressive until you consider that the Border Patrol is still smaller than the New York Police Department — and has 8,000 miles to monitor. It's certainly possible that the Border Patrol doesn't need more agents, but that's not evident merely by doubling the previously small number of agents.

Something similar can be said of deportations: As the report and administration spokesmen have pointed out, the number of people deported (technically, "removed") is at a record level: about 400,000 per year. But the steady growth in the number of deportations, starting in the Clinton administration, came to a halt with Obama's inauguration. Perhaps 400,000 deportations a year, out of 11 million to 12 million illegal immigrants, is enough but not just because it's a record.

And although one might be able to argue that the U.S. immigration enforcement machinery is adequate at the border or for deportations, fundamental pieces are still not in place despite the money that has been spent. For instance, the online E-Verify screening system is still not used for all new hires. The Social Security Administration and the IRS know the identities and locations of millions of people who are in this country illegally but shield them based on a fanciful interpretation of privacy law. The United States has only the most rudimentary system for tracking the departures of foreign visitors — and if you don't know who has left the country, you can't know who is still here. This is important because nearly half of the illegal-immigrant population came here legally but then didn't leave.

These are not trivial, last-minute agenda items designed to postpone consideration of an amnesty. An immigration enforcement machinery that lacks these elements is simply incomplete.

And any law enforcement infrastructure is only as effective as the use to which it is put. The Obama administration has made clear that it views immigration violations as secondary matters, like not wearing a seat belt, which can lead to a citation only if some other, "real" law is violated. The most lavishly funded, gold-plated enforcement system in the world can't make up for systematic nullification of the immigration law through prosecutorial discretion, deferred action and other means used by this administration to protect illegal immigrants.

Mark Krikorian is executive director of the Center for Immigration Studies.
  Read more about Missing the point on immigration

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