illegal immigration

HB 2932, sanctuary for criminal aliens

Alert date: 
March 22, 2019
Alert body: 

A hearing on HB 2932 was held on Monday, March 18, by the House Judiciary Committee.  Several OFIR Board members attended and testified in opposition, submitting written testimony also.

OFIR has posted the testimonies at:  http://www.oregonir.org/immigration-topics/sanctuary-bill-2019-legislature.

A videotape of the Hearing can be viewed at: http://oregon.granicus.com/MediaPlayer.php?clip_id=26213

We encourage citizens to express their views of this bill to their state Representatives.  To identify your state Representative and get phone number/email address, click here:  https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html.  After entering your address in the format requested, see the address card and click the tab labelled House.

Supreme Court rules against immigrants in detention case

WASHINGTON (AP) — A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.

The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government it must arrest those people when they are released from custody and then hold them while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately... In the case before the Supreme Court, a group of mostly green card holders argued that unless they’re picked up essentially within a day of being released, they should be entitled to a hearing...  If a judge were to agree, they would not have to remain in custody while their deportation case goes forward...

But the Supreme Court disagreed with the immigrants’ interpretation of federal law in a 5-4 ruling...  Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that “neither the statute’s text nor its structure” supported the immigrants’ argument. The court’s conservative justices sided with the Trump administration. The administration argued, as the Obama administration did, that those affected by the law aren’t entitled to a hearing where they can argue for their release, regardless of whether they are arrested immediately after being released from custody or not.

Department of Justice spokeswoman Kerri Kupec said the administration was “pleased with the decision.”

Justice Stephen Breyer, in a dissent he read aloud in court, said that the larger importance of the case has to do with the power his colleagues’ ruling gives the government.

“It is a power to detain persons who have committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without any opportunity to obtain bail,” Breyer said.

He wrote that in his view the law requires immigrants who have committed crimes to be detained “within a reasonable time after their release” from custody, “presumptively no more than six months.” If the person is not detained within that time, they should get a hearing where they can argue for their release, Breyer wrote.

The American Civil Liberties Union represented the immigrants in the case before the Supreme Court. ACLU attorney Cecillia Wang, who argued the case, said after the decision that the ACLU will call on Congress to clarify the law and will continue to pursue options in court.

Tuesday’s ruling was based on the text of the statute, and Wang said the ACLU will argue that the statute, as interpreted by the justices, is unconstitutional. Wang also called the decision an “extreme waste of taxpayer money,” saying it locks up individuals who are not a danger to the community.

The case before the justices involved a class-action lawsuit brought by noncitizens in California and a similar class-action lawsuit brought in the state of Washington. In those cases, the U.S. Court of Appeals for the 9th Circuit sided with the immigrants, but other appeals courts had sided with the government in similar cases.

One of the lead plaintiffs involved in the California case, Mony Preap, has been a lawful permanent resident of the United States since 1981 and has two convictions for possession of marijuana. He was released from prison in 2006 but was not taken into immigration custody until 2013. Preap has since won his deportation case, allowing him to remain in the country.

The case is 16-1363 Nielsen v. Preap.
_

Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko Read more about Supreme Court rules against immigrants in detention case

Bad bills in Legislature – Read This

Alert date: 
March 16, 2019
Alert body: 

Two very bad bills have been introduced in the current session of the Oregon Legislature.

HB 2932 “prohibits courts from inquiring into defendant's immigration status or requiring defendant to disclose defendant's immigration status at time of plea or at any other time during criminal proceeding.  Requires court to allow defendant, upon request, additional time for plea decision after informing defendant about possible adverse immigration consequences of plea. Declares emergency, effective on passage.”

This bill to protect illegal aliens and legitimize illegal immigration, opening our borders to the world without limit, has 26 sponsors, all Democrats, and may be fast-tracked through the Legislature as certain bills were done in the previous session.

A hearing is scheduled for Monday, March 18, at 1 p.m. by the House Judiciary Committee, which has 11 members, 8 Democrats and 3 Republicans.  There seems little doubt the Committee will approve the bill and send it on to the Legislature for a vote.

Please contact your State Representative and urge him/her to oppose this bill. Whether your Representative is a Democrat, a Republican, or other, it’s worthwhile to express your view.  

You can see an Overview of the bill at:  https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB2932, and you can sign up there (in upper right corner) to receive notices of further action on the bill.

Statements by citizens on Legislative bills can be emailed to the Committee that’s hearing the bill (if a hearing has been scheduled.)  The email address for such statements is given on the Committee’s website.  Here’s an example of one filed that way:  https://olis.leg.state.or.us/liz/2019R1/Downloads/CommitteeMeetingDocument/173965. Other citizen statements on HB 2932 will appear as they are submitted.  You can check back here to follow them:  https://olis.leg.state.or.us/liz/2019R1/Committees/HJUD/2019-03-18-13-00/HB2932/Details

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

Another bad bill related to immigration which is of concern now is HB 2015It “eliminates requirement that person provide proof of legal presence before Department of Transportation issues noncommercial driver license, noncommercial driver permit or identification card.  Becomes operative January 1, 2021. Declares emergency, effective on passage.”

See Overview of the bill at:  https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB2015?pubDate=2019-03-04-16-33.  It was referred to the House Transportation Committee where a hearing has not yet been scheduled.  You can receive notices of actions on this bill by clicking the top-right link on the Overview page.

U.S. Federal Bureau of Prisons: Criminal Alien Report February 2019

The United States having a significant foreign national population residing within the nations boundaries, be they legally or illegally present in the country, unfortunately includes those who commit crimes.

The extent and impact of foreign national crime on the U.S. citizens and residents of this country is clearly revealed by a simple search on the U.S. Federal Bureau of Prisons (BOP) inmates statistics website under the heading of inmate citizenship.

Here are the countries of origin, moreover, the number and percentage of those countries citizens recently incarcerated in the U.S. BOP prison system (Note: The most recent BOP crime numbers available were from February 23, 2019.).

Inmate Citizenship:

- México 21,744 inmates, 12.1 percent;
- Colombia 1,638 inmates, 0.9 percent;
- Dominican Republic 1,444 inmates, 0.8 percent;
- Cuba 1,175 inmates, 0.7 percent;
- Other / unknown countries 8,911 inmates, 4.9 percent;
- United States 145,005 inmates, 80.6 percent;

Total Inmates: 179,917 inmates.

To explain the meaning of these preceding criminal alien inmate numbers and percentages, I will translate them into words:

Combining February 23rd BOP criminal alien inmate numbers, there were 34,912 criminal aliens in the BOP prison system. Alien inmates were 19.4 percent of the federal prison population.

With 21,744 Mexican nationals being incarcerated in the BOP prison system, at 62.3 percent, they were the vast majority of criminal aliens in federal prisons.

The U.S. Federal Bureau of Prisons breaks down the federal prison population into 13 types of offenses. One of the top five offenses, the reason inmates are serving time in federal prisons is for immigration crimes. There were 10,874 inmates in the BOP prison system incarcerated for immigration crimes; they were 6.5 percent of the federal prison population.

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to federal, state, county and city elected and non elected governmental officials to help them assess the impact of foreign national crime in the United States of America. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/. Read more about U.S. Federal Bureau of Prisons: Criminal Alien Report February 2019

Southern Poverty Law Center fires co-founder Morris Dees

The Southern Poverty Law Center fired Morris Dees, the nonprofit civil rights organization's co-founder and former chief litigator.

SPLC President Richard Cohen said in a statement Dees' dismissal over his misconduct was effective on Wednesday, March 13....

"As a civil rights organization, the SPLC is committed to ensuring that the conduct of our staff reflects the mission of the organization and the values we hope to instill in the world," Cohen said in the emailed statement. "When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action."

Dees, 82, co-founded the Montgomery-based organization in 1971. 

"It was not my decision, what they did," Dees said when reached by phone. "I wish the center the absolute best. Whatever reasons they had of theirs, I don't know."...

Dees' termination is one of several steps taken by the organization this week, Cohen said. 

"Today we announced a number of immediate, concrete next steps we’re taking, including bringing in an outside organization to conduct a comprehensive assessment of our internal climate and workplace practices, to ensure that our talented staff is working in the environment that they deserve — one in which all voices are heard and all staff members are respected," Cohen said. 

What the SPLC wants the "next steps" to address or correct remains unclear. An SPLC spokesperson said the organization was "in the process of hiring" the firm for the workplace climate assessment, and no other leadership changes had been announced. 

A message seeking further comment was left on Cohen’s cell phone Thursday afternoon.

"I’ve read the statement they issued," Dees said when asked if he knew why he was fired. "I feel like some of the things in the statement were unfortunate. But I refuse to say anything negative about the center or its employees. I’ll let my life’s work and reputation speak for itself."

When asked if he was offered the chance to resign or retire, the 82-year-old said, "I've told you all I can tell you."

Dees' biography appeared scrubbed from the SPLC's website as news broke of his termination on Thursday afternoon. 

Morris Dees, SPLC funding and civil rights cases

A Montgomery native, Dees attended Sidney Lanier High School. He burnished his marketing chops by managing a direct sale book publishing company while attending the University of Alabama, where he also earned a law degree. 

After returning home to establish a law practice in 1960, Dees won a series of civil rights cases before establishing the SPLC with lawyer Joseph J. Levin Jr. and civil rights activist Julian Bond a decade later.

Southern Poverty Law Center President Emeritus Julian Bond, left, and founder Morris Dees at the SPLC's 40th Anniversary Celebration on Saturday April 30, 2011 at the Civil Rights Memorial Center in Montgomery, Ala.(Montgomery Advertiser, Mickey Welsh) (Photo: Montgomery Advertiser)

The legal partnership netted significant civil rights triumphs. Dees challenged systemic discrimination and segregation in Alabama state trooper ranks in a case won in the U.S. Supreme Court. SPLC litigation challenging Alabama's legislative districts forced the state to redraw its districts in the early 1970s, leading to the election of more than a dozen black legislators in 1974.

Morris Dees is a co-founder of the Southern Poverty Law Center in Montgomery.

Early SPLC lawsuits also fought for better conditions for cotton mill workers in Kentucky, women in the workplace and poor defendants on death row. The organization bankrupted a Ku Klux Klan Organization, the United Klans of America, in a 1987 civil case. 

Dees has been a fixture in politics since the group's ascension, though his organization has faced scrutiny in the past.

A 1994 Montgomery Advertiser series provided a deep look into the organization controlled by the multimillionaire Dees, illustrating his near-singular control over the organization and its mammoth budget.

The series, a Pulitzer Prize finalist, revealed a figure seen as heroic by some and single-minded by others. Dees' critics said he was more concerned with fundraising than litigating. 

The series also alleged discriminatory treatment of black employees within the advocacy group, despite its outward efforts to improve the treatment of minorities in the country. Staffers at the time “accused Morris Dees, the center’s driving force, of being a racist and black employees have ‘felt threatened and banded together.’” The organization denied the accusations raised in the series.

"I would hope the IRS and the Justice Department would take this as [an] opportunity to come in and take a close look at The Center, it's finances and it's day-to-day operations," said Jim Tharpe, managing editor of the Advertiser in the mid-1990s, who oversaw the Advertiser series. "It's long overdue."

Dees' central role in the organization has also led to numerous threats against him, and the Advertiser previously reported that he has 24-hour protection at his home.

SPLC a war chest of funds that dwarfs over NAACP and Equal Justice Initiative

Over the years, the SPLC has continued to amass massive funds from donors amid differing levels of scrutiny. The nonprofit has hundreds of employees and offices in four states. The organization had nearly $450 million in net assets, according to publicly available tax documents filed for 2017.

That figure easily dwarfs other civil rights groups — such as the Equal Justice Initiative and the NAACP — during the same time frame. The Montgomery-based EJI had about $57 million in net assets at that time and the NAACP had about $3.8 million.

SPLC still fell behind other groups, like the American Civil Liberties Union, which pulled in more than $526 million between its main nonprofit and foundation in 2017 filings, with several local groups collecting additional millions of dollars not included in that figure.

In recent years, the organization has become nationally known and scrutinized for its Hatewatch work tracking the rise of hate groups, particularly white supremacists.

It produces research and advocacy work on a variety of topics, including payday lending, civil asset forfeiture and immigration rights. The SPLC also continues day-to-day civil rights litigation, including an ongoing lawsuit to address prison conditions in Alabama.

“The SPLC is deeply committed to having a workplace that reflects the values it espouses — truth, justice, equity and inclusion, and we believe the steps we have taken today reaffirm that commitment," Cohen said.

Brian Lyman contributed to this report.

Contact Montgomery Advertiser reporter Melissa Brown at 334-240-0132 or mabrown@gannett.com.

  Read more about Southern Poverty Law Center fires co-founder Morris Dees

Oregon Department of Corrections: Criminal Alien Report February 2019

The Oregon Department of Corrections (DOC) February 1, 2019 Inmate Population Profile indicated there were 14,756 inmates incarcerated in the DOC’s 14 prisons.

Data obtained from the DOC indicated that on February 1st there were 913 foreign nationals (criminal aliens) incarcerated in the state’s prison system; criminal aliens were 6.19 percent of the total prison population.

Some background information, all the criminal aliens incarcerated in the DOC prison system were identified by U.S. Immigration and Customs Enforcement (ICE) and have ICE detainers placed on them.

Using DOC Inmate Population Profiles and ICE detainer numbers, the following table reveals the total number inmates, the number of domestic and criminal alien inmates along with the percentage of inmates with ICE detainers incarcerated on February 1st in the state’s prisons.

OREGON DEPARTMENT OF CORRECTIONS

Month/Day/Year

DOC Total Number Inmates

DOC Total Number Domestic Inmates

DOC Total Number Inmates W/ICE Detainers

DOC Percent Inmates W/ICE Detainers

February 1, 2019

14,756

13,843

913

6.19%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19 and Inmate Population Profile 01 February 19.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on February 1st that were sent  to prison from the state’s 36 counties.

OREGON DEPARTMENT OF CORRECTIONS

County

DOC Total Number Inmates W/ ICE Detainers by County

DOC Percent Inmates W/ICE Detainers by County

Marion

226

24.75%

Washington

189

20.70%

Multnomah

171

18.73%

Clackamas

78

8.54%

Lane

41

4.49%

Jackson

36

3.94%

Umatilla

26

2.85%

Yamhill

21

2.30%

Linn

18

1.97%

Polk

13

1.42%

Benton

12

1.31%

Deschutes

12

1.31%

Klamath

11

1.20%

Malheur

9

0.99%

Jefferson

7

0.77%

Lincoln

7

0.77%

Clatsop

4

0.44%

Douglas

4

0.44%

Josephine

4

0.44%

Tillamook

4

0.44%

Wasco

4

0.44%

Coos

3

0.33%

Hood River

3

0.33%

Columbia

2

0.22%

Morrow

2

0.22%

Union

2

0.22%

Crook

1

0.11%

Gilliam

1

0.11%

Lake

1

0.11%

OOS (Not a County)

1

0.11%

Baker

0

0.00%

Curry

0

0.00%

Grant

0

0.00%

Harney

0

0.00%

Sherman

0

0.00%

Wallowa

0

0.00%

Wheeler

0

0.00%

Total

913

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Here are the ways Oregon residents were victimized by the 913 criminal aliens.

Using DOC ICE detainer numbers, the following table reveals the number and percentage of criminal alien prisoners incarcerated on February 1st by type of crime.

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Number Inmates W/ ICE Detainers by Type of Crime

DOC Percent Inmates W/ICE Detainers by Type of Crime

Sex Abuse

190

20.81%

Rape

170

18.62%

Homicide

132

14.46%

Sodomy

98

10.73%

Assault

79

8.65%

Drugs

77

8.43%

Robbery

43

4.71%

Kidnapping

27

2.96%

Burglary

22

2.41%

Theft

15

1.64%

Vehicle Theft

4

0.44%

Driving Offense

4

0.44%

Arson

1

0.11%

Escape

0

0.00%

Forgery

0

0.00%

Other / Comb. Crimes

51

5.59%

Total

913

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Using the DOC Inmate Population Profile and ICE detainer numbers from February 1st, the following table reveals the total number inmates by crime type, the number of domestic and criminal alien prisoners incarcerated by type of crime and the percentage of those crimes committed by criminal aliens.

OREGON DEPARTMENT OF CORRECTIONS

Crime

DOC Total Number Inmates by Type of Crime

DOC Total Number Domestic Inmates by Type of Crime

DOC Total Number Inmates W/ICE Detainers by Type of Crime

DOC Inmates W/ICE Detainers as a Percent of Total Inmates by Type of Crime

Sex Abuse

1,775

1,585

190

10.70%

Rape

982

812

170

17.31%

Homicide

1,786

1,654

132

7.39%

Sodomy

1,045

947

98

9.38%

Assault

2,026

1,947

79

3.90%

Drugs

903

826

77

8.53%

Robbery

1,452

1,409

43

2.96%

Kidnapping

270

243

27

10.00%

Burglary

1,266

1,244

22

1.74%

Theft

968

953

15

1.55%

Vehicle Theft

547

543

4

0.73%

Driving Offense

250

246

4

1.60%

Arson

85

84

1

1.18%

Escape

39

39

0

0.00%

Forgery

46

46

0

0.00%

Other / Comb. Crimes

1,316

1,265

51

3.88%

Total

14,756

13,843

913

 

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19 and Inmate Population Profile 01 February 19.

Using DOC ICE detainer numbers, the following table reveals the self-declared countries of origin of the 913 criminal alien prisoners by number and percentage incarcerated on February 1st in the state’s prisons.

OREGON DEPARTMENT OF CORRECTIONS

Country

DOC Total Number Inmates W/ ICE Detainers by Self-Declared Country of Origin

DOC Percent Inmates W/ICE Detainers by Self-Declared Country of Origin

Mexico

730

79.96%

Guatemala

23

2.52%

Cuba

14

1.53%

El Salvador

13

1.42%

Vietnam

13

1.42%

Honduras

11

1.20%

Laos

8

0.88%

Federated States of Micronesia

6

0.66%

Russia

6

0.66%

Ukraine

6

0.66%

Canada

5

0.55%

Cambodia

4

0.44%

China

3

0.33%

Ecuador

3

0.33%

Marshall Islands

3

0.33%

Peru

3

0.33%

South Korea

3

0.33%

Other / Unknown Countries

59

6.46%

Total

913

100.00%

Source: Research and Evaluation DOC Report ICE inmates list 01 February 19.

Beyond the DOC criminal alien incarceration numbers and incarceration percentages, per county and per crime type, or even country of origin, criminal aliens place a substantial economic burden on Oregonians.

An individual prisoner incarcerated in the DOC prison system costs the state approximately ($108.26) per day.

The DOC’s incarceration cost for its 913 criminal alien prison population is approximately ($98,841.38) per day, ($691,889.66) per week, and ($36,077,103.70) per year.

None of preceding cost estimates for the DOC to incarcerate the 913 criminal aliens includes the dollar amount for legal services (indigent defense), language interpreters, court costs, or victim assistance.

Bibliography:

Oregon Department of Corrections Inmate Population Profile February 1, 2019:

Oregon Department of Corrections Population Profile (unpublished MS Excel workbook) titled Incarcerated Criminal Aliens Report dated February 1, 2019.

Oregon Department of Corrections Issue Brief Quick Facts IB-53, September 2018:
https://www.oregon.gov/doc/Documents/agency-quick-facts.pdf

David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to Oregon state, county and city governmental officials to help them assess the impact of foreign national crime in the state. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

https://docfnc.wordpress.com/2019/03/13/oregon-department-of-corrections-criminal-alien-report-february-2019/ Read more about Oregon Department of Corrections: Criminal Alien Report February 2019

Illegal immigration problem bursting at the seams

An investigation by the Immigration Reform Law Institute found that over 1.7 million illegal aliens from Central America and Mexico living in the United States have been ordered removed or have pending final orders of removal, but are still living here.

  “Among the roughly 12 to 22 million illegal aliens living in the United States, we have a population greater than the City of Philadelphia’s that has been ordered removed or has pending final removal orders—from Central America and Mexico alone. Instead of taking on more aliens from caravans, our country should expedite the removal of those who have already received due process and been given removal orders.” 

At the southern border thousands of migrants continue to appear, claiming asylum.

“Once released, asylum seekers receive work permits while their often-meritless claims go through the backlogged immigration court system, which often delays hearings for years. Last year, nearly half of the completed asylum cases that involved aliens who claimed credible fear resulted in the alien failing to appear in court or file an application for asylum. Before 2013, around 1 in every 100 arriving aliens claimed credible fear and sought asylum, but today, that number has spiked to 1 in 10 as a result of encouragement and coaching by unscrupulous anti-borders groups.”

Read the full release here:  https://www.irli.org/single-post/2019/03/12/America-‘Bursting-at-the-Seams’-from-Illegal-Immigration Read more about Illegal immigration problem bursting at the seams

Good News from the Immigration Reform Law Institute

Alert date: 
March 7, 2019
Alert body: 

Finally, the 11th circuit court accurately defined what a so called "DACA" recipient really is - an ILLEGAL ALIEN!

Read the IRLI Press Release.


 

A real national emergency: U.S. besieged by persons defying immigration law

Why do we send our military to protect countries half way around the world while neglecting the safety and well-being of our own citizens by allowing millions of persons to enter and remain here in disregard of our immigration laws?  Their character and purposes are unknown, and events of recent decades show that many have committed terrible crimes against citizens.

President Trump’s declaration of a national immigration emergency has brought high-decibel cries of alarm from open-borders advocates, whose views are generally reflected in the complicit media.  Critics attack the declaration as something unheard of, a grossly inappropriate action.  They want to deflect attention away from the reasons for the declaration, so they claim procedural impropriety and talk about that instead.

Actually, declarations of national emergency are not as exceptional as alarmists claim.  Several reports give background.  Kris Kobach, former Kansas Secretary of State and an expert on immigration law, has spoken clearly on the subject recently. 

Here are excerpts from an article about the National Emergencies Act by Ken Klukowski, senior legal editor for Breitbart News:

              “… Congress enacted the National Emergencies Act on September 14, 1976, two months before Jimmy Carter was elected president. Since that time and beginning with Carter, presidents have declared 58 states of emergency. …

              “…, the longest-running state of national emergency was the first one ever declared under the National Emergencies Act. On November 14, 1979, President Carter signed Executive Order 12170, declaring a national emergency responding to Iran-sponsored terrorism.

              “That emergency is 39 years old, with no end in sight.

              “There are currently 31 national emergencies. These include President Bill Clinton’s declaration of emergency on October 21, 1995, dealing with narcotics traffickers, to President George W. Bush’s declaration of emergency on September 14, 2001, dealing with the 9/11 terrorist attacks, to President Barack Obama’s declaration of emergency on March 9, 2015, blocking property and suspending entry from certain people causing trouble in Venezuela. …

              “Under the National Emergencies Act, President Trump has full authority to declare an emergency regarding the crisis on the U.S. border for many reasons, such an drug trafficking. For example, most of one of the deadliest drugs killing Americans right now, fentanyl, is made in China, but fully 85 percent of that lethal drug enters the United States through the Mexican border. Such a declaration would be consistent in scope and effect with many of the 31 current emergencies.” Read more about A real national emergency: U.S. besieged by persons defying immigration law

Despite threats, ‘sanctuary’ cities are getting their grants -- except Oregon

MONTPELIER, Vt. — About 18 months after the Trump administration threatened to withhold law enforcement grants from nearly 30 places around the country it felt weren’t doing enough to work with federal immigration agents, all but one have received or been cleared to get the money, the Justice Department said.

In most cases, courts chipped away at the crackdown that escalated in November 2017...saying those policies may violate federal law.

Of those 29 jurisdictions ... only Oregon has yet to be cleared to receive the grants from 2017, a Justice Department spokesman told The Associated Press this week....

"State and local law enforcement agencies already are stretched thin, and withholding these federal grants only makes their work more difficult," Leahy said in an email to the AP. "It's unthinkable that the Trump Justice Department would hold these funds hostage over an unrelated dispute on immigration policy."

Last summer, the U.S. Conference of Mayors sued in Illinois on behalf of its member cities focusing on the issue. In September, a federal court temporarily blocked the Justice Department from withholding the funds for the jurisdictions represented by the conference.

...Similar cases are being litigated across the country, and the Justice Department is considering appealing some unfavorable rulings.

The Trump administration has long argued that places that don't cooperate with federal immigration authorities, often called "sanctuary cities," pose a threat to public safety.

"I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk," Sessions said in a statement in January 2018. "Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law."

The details differ by jurisdiction, but the Justice Department felt law enforcement agencies in those communities weren't sufficiently committing themselves to cooperating with federal immigration agents when officers came in contact with people who might not be in the country legally...

Some, but not all, of the 28 jurisdictions were cleared for the grants without changing the policies that triggered the original concern from the Justice Department, now led by Attorney General William Barr. And not all of the places actually have the money in hand yet, or have been told they've been cleared to get it....

"So no funds (were) lost on our end," said police Sgt. David Lefont, noting the total was less than $100,000.

That some of the threatened cities ended up changing their policies amounts to at least a partial victory for the Trump administration, said Jessica Vaughan, the director of policy studies for the Center For Immigration Studies, which advocates for tight restrictions on immigration.

"What it looks like to me, the Trump Administration is not able to fully enforce cooperation with ICE (Immigration and Customs Enforcement) to the extent they would like to, but it is able to fully enforce compliance with existing federal law that some sanctuary jurisdictions have had to change their policies in order to get their money," Vaughan said.

...Even before the 2017 letters were sent, federal courts across the country had begun to rule against the Trump administration's efforts. And they continue.

A federal judge in Los Angeles ruled Feb. 15 that the Justice Department exceeded its authority and ordered a permanent, nationwide injunction against requiring police departments to cooperate with immigration authorities in order to receive the grants.

Oregon, the only one of the 29 jurisdictions not yet cleared for the 2017 grants, last fall filed its own lawsuit against the Justice Department. The lawsuit, which also covers grants for 2018, accused Trump and Matthew Whitaker, acting attorney general at the time, of trying to "impermissibly commandeer the resources" of Oregon and its largest city, Portland.

"For years, these grants have provided millions of dollars to law enforcement in Oregon," Rosenblum said in November. "But, suddenly these public safety funds have been withdrawn because Oregon will not submit to U.S. DOJ's demand that Oregon participate in its immigration enforcement efforts."

-- The Associated Press

  Read more about Despite threats, ‘sanctuary’ cities are getting their grants -- except Oregon

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