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Immigration Reform That Will Make America Great Again

When politicians talk about “immigration reform” they mean: amnesty, cheap labor and open borders. The Schumer-Rubio immigration bill was nothing more than a giveaway to the corporate patrons who run both parties.

Real immigration reform puts the needs of working people first � nnot wealthy globetrotting donors. We are the only country in the world whose immigration system puts the needs of other nations ahead of our own. That must change. Here are the three core principles of real immigration reform:

1. A nation without borders is not a nation.
There must be a wall across the southern border.

2. A nation without laws is not a nation.
Laws passed in accordance with our Constitutional system of government must be enforced.

3. A nation that does not serve its own citizens is not a nation. Any immigration plan must improve jobs, wages and security for all Americans.

Make Mexico Pay For The Wall
For many years, Mexico’s leaders have been taking advantage of the United States by using illegal immigration to export the crime and poverty in their own country (as well as in other Latin American countries). They have even published pamphlets on how to illegally immigrate to the United States. The costs for the United States have been extraordinary: U.S. taxpayers have been asked to pick up hundreds of billions in healthcare costs, housing costs, education costs, welfare costs, etc. Indeed, the annual cost of free tax credits alone paid to illegal immigrants quadrupled to $4.2 billion in 2011. The effects on jobseekers have also been disastrous, and black Americans have been particularly harmed.

The impact in terms of crime has been tragic. In recent weeks, the headlines have been covered with cases of criminals who crossed our border illegally only to go on to commit horrific crimes against Americans. Most recently, an illegal immigrant from Mexico, with a long arrest record, is charged with breaking into a 64 year-old women’s home, crushing her skull and eye sockets with a hammer, raping her, and murdering her. The Police Chief in Santa Maria says the “blood trail” leads straight to Washington.

In 2011, the Government Accountability Office found that there were a shocking 3 million arrests attached to the incarcerated alien population, including tens of thousands of violent beatings, rapes and murders.

Meanwhile, Mexico continues to make billions on not only our bad trade deals but also relies heavily on the billions of dollars in remittances sent from illegal immigrants in the United States back to Mexico ($22 billion in 2013 alone).
In short, the Mexican government has taken the United States to the cleaners. They are responsible for this problem, and they must help pay to clean it up.

The cost of building a permanent border wall pales mightily in comparison to what American taxpayers spend every single year on dealing with the fallout of illegal immigration on their communities, schools and unemployment offices.

Mexico must pay for the wall and, until they do, the United States will, among other things: impound all remittance payments derived from illegal wages; increase fees on all temporary visas issued to Mexican CEOs and diplomats (and if necessary cancel them); increase fees on all border crossing cards � of which we issue about 1 million to Mexican nationaals each year (a major source of visa overstays); increase fees on all NAFTA worker visas from Mexico (another major source of overstays); and increase fees at ports of entry to the United States from Mexico [Tariffs and foreign aid cuts are also options]. We will not be taken advantage of anymore.

Defend The Laws And Constitution Of The United States
America will only be great as long as America remains a nation of laws that lives according to the Constitution. No one is above the law. The following steps will return to the American people the safety of their laws, which politicians have stolen from them:

Triple the number of ICE officers. 
As the President of the ICE Officers’ Council explained in Congressional testimony: “Only approximately 5,000 officers and agents within ICE perform the lion’s share of ICE’s immigration mission�Compare that to the Los Angeles Police Department at apprroximately 10,000 officers. Approximately 5,000 officers in ICE cover 50 states, Puerto Rico and Guam, and are attempting to enforce immigration law against 11 million illegal aliens already in the interior of the United States. Since 9-11, the U.S. Border Patrol has tripled in size, while ICE’s immigration enforcement arm, Enforcement and Removal Operations (ERO), has remained at relatively the same size.” This will be funded by accepting the recommendation of the Inspector General for Tax Administration and eliminating tax credit payments to illegal immigrants.

Nationwide e-verify.
This simple measure will protect jobs for unemployed Americans.

Mandatory return of all criminal aliens.
The Obama Administration has released 76,000 aliens from its custody with criminal convictions since 2013 alone. All criminal aliens must be returned to their home countries, a process which can be aided by canceling any visas to foreign countries which will not accept their own criminals, and making it a separate and additional crime to commit an offense while here illegally.

Detention�not catch-and-release.
Illegal aliens apprehended crossing the border must be detained until they are sent home, no more catch-and-release.

Defund sanctuary cities.
Cut-off federal grants to any city which refuses to cooperate with federal law enforcement.

Enhanced penalties for overstaying a visa.
Millions of people come to the United States on temporary visas but refuse to leave, without consequence. This is a threat to national security. Individuals who refuse to leave at the time their visa expires should be subject to criminal penalties; this will also help give local jurisdictions the power to hold visa overstays until federal authorities arrive. Completion of a visa tracking system � required by law but blocked by loobbyists � will be necessary as well.

Cooperate with local gang task forces.
ICE officers should accompany local police departments conducting raids of violent street gangs like MS-13 and the 18th street gang, which have terrorized the country. All illegal aliens in gangs should be apprehended and deported. Again, quoting Chris Crane: “ICE Officers and Agents are forced to apply the Deferred Action for Childhood Arrivals (DACA) Directive, not to children in schools, but to adult inmates in jails. If an illegal-alien inmate simply claims eligibility, ICE is forced to release the alien back into the community. This includes serious criminals who have committed felonies, who have assaulted officers, and who prey on children�ICE officers should be required to place detainers on everyy illegal alien they encounter in jails and prisons, since these aliens not only violated immigration laws, but then went on to engage in activities that led to their arrest by police; ICE officers should be required to issue Notices to Appear to all illegal aliens with criminal convictions, DUI convictions, or a gang affiliation; ICE should be working with any state or local drug or gang task force that asks for such assistance.”

End birthright citizenship.
This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said “no sane country” would give automatic citizenship to the children of illegal immigrants.

Put American Workers First
Decades of disastrous trade deals and immigration policies have destroyed our middle class. Today, nearly 40% of black teenagers are unemployed. Nearly 30% of Hispanic teenagers are unemployed. For black Americans without high school diplomas, the bottom has fallen out: more than 70% were employed in 1960, compared to less than 40% in 2000. Across the economy, the percentage of adults in the labor force has collapsed to a level not experienced in generations. As CBS news wrote in a piece entitled “America’s incredible shrinking middle class”: “If the middle-class is the economic backbone of America, then the country is developing osteoporosis.”

The influx of foreign workers holds down salaries, keeps unemployment high, and makes it difficult for poor and working class Americans – including immigrants themselves and their children � to earn aa middle class wage. Nearly half of all immigrants and their US-born children currently live in or near poverty, including more than 60 percent of Hispanic immigrants.

Every year, we voluntarily admit another 2 million new immigrants, guest workers, refugees, and dependents, growing our existing all-time historic record population of 42 million immigrants. We need to control the admission of new low-earning workers in order to: help wages grow, get teenagers back to work, aid minorities’ rise into the middle class, help schools and communities falling behind, and to ensure our immigrant members of the national family become part of the American dream.

Additionally, we need to stop giving legal immigrant visas to people bent on causing us harm. From the 9/11 hijackers, to the Boston Bombers, and many others, our immigration system is being used to attack us. The President of the immigration caseworkers union declared in a statement on ISIS: “We've become the visa clearinghouse for the world.”
Here are some additional specific policy proposals for long-term reform:

Increase prevailing wage for H-1Bs.
We graduate two times more Americans with STEM degrees each year than find STEM jobs, yet as much as two-thirds of entry-level hiring for IT jobs is accomplished through the H-1B program. More than half of H-1B visas are issued for the program's lowest allowable wage level, and more than eighty percent for its bottom two. Raising the prevailing wage paid to H-1Bs will force companies to give these coveted entry-level jobs to the existing domestic pool of unemployed native and immigrant workers in the U.S., instead of flying in cheaper workers from overseas. This will improve the number of black, Hispanic and female workers in Silicon Valley who have been passed over in favor of the H-1B program. Mark Zuckerberg’s personal Senator, Marco Rubio, has a bill to triple H-1Bs that would decimate women and minorities.

Requirement to hire American workers first.
Too many visas, like the H-1B, have no such requirement. In the year 2015, with 92 million Americans outside the workforce and incomes collapsing, we need to companies to hire from the domestic pool of unemployed. Petitions for workers should be mailed to the unemployment office, not USCIS.

End welfare abuse.
Applicants for entry to the United States should be required to certify that they can pay for their own housing, healthcare and other needs before coming to the U.S.

Jobs program for inner city youth.
The J-1 visa jobs program for foreign youth will be terminated and replaced with a resume bank for inner city youth provided to all corporate subscribers to the J-1 visa program.

Refugee program for American children.
Increase standards for the admission of refugees and asylum-seekers to crack down on abuses. Use the monies saved on expensive refugee programs to help place American children without parents in safer homes and communities, and to improve community safety in high crime neighborhoods in the United States.

Immigration moderation.
Before any new green cards are issued to foreign workers abroad, there will be a pause where employers will have to hire from the domestic pool of unemployed immigrant and native workers. This will help reverse women's plummeting workplace participation rate, grow wages, and allow record immigration levels to subside to more moderate historical averages.
  Read more about Immigration Reform That Will Make America Great Again

Weaken the magnet of jobs: Opposing view

Border enforcement isn’t just about the Mexican border.

The frontier with our southern neighbor really is better controlled than it used to be, though that’s not saying much, considering how laughably inadequate enforcement was in the past.

But it’s immigration security overall that we need to worry about, both at the border and the interior. Better border fencing is indeed necessary, but our efforts in non-border areas haven’t even risen yet to the level of “laughably inadequate.” Until they’re addressed, we shouldn’t even be discussing what to do about illegal aliens already here.

The three biggest weaknesses are worksite enforcement, visa tracking, and state and local partnerships with federal authorities.

Weakening the magnet of jobs is key to deterring illegal immigration. The online E-Verify system enables employers to check whether new hires are telling the truth about who they are — but it’s only voluntary. Only by making E-Verify a universal part of the hiring process can we even begin to claim to be serious about enforcement.

People who come here legally on visitor visas but never leave are now the main source of new illegal immigration, accounting for nearly 60% of the 1,000 new illegal aliens a day settling here. We do a better job of checking people in as they arrive, but we don’t track departures. That means we don’t know which visa holders have remained illegally — despite the fact that Congress has mandated such a visa-tracking system eight times since 1996.

It should go without saying that any illegal alien arrested for local crimes should be deported. Yet the Obama administration has dismantled the infrastructure for cooperation between the feds and local law enforcement. Rebuilding these relationships, and protecting cities from predatory lawsuits by anti-borders groups such as the ACLU, is imperative.

Politicians who want legalization of the illegals now, while promising to get around to improving enforcement in the future, are offering the same bad deal as the infamous 1986 amnesty. “Enforcement first” is the only acceptable approach.
  Read more about Weaken the magnet of jobs: Opposing view

Illegal immigration top GOP talking point at New Hampshire presidential forum

MANCHESTER, N.H. (AP) — The Republican Party's presidential class called for aggressive steps to curb illegal immigration, seizing on a delicate political issue as more than a dozen White House hopefuls faced off in New Hampshire on Monday night for a pointed preview of the first full-fledged debate of the 2016 primary season...

The candidates focused their criticism at Democrats instead of each other.. They addressed several contentious issues, immigration topping a list that included abortion, climate change and foreign policy.

Former Texas Gov. Rick Perry, who may not qualify for the upcoming formal debate, called the flow of immigrants crossing the border illegally "a serious wound."

"You want to stanch the flow," he said as his Republican rivals watched from the front row of the crowded St. Anselm College auditorium. On those immigrants who have overstayed visas, Perry charged, "You go find 'em, you pick 'em up and you send 'em back where they're from."

Former Pennsylvania Sen. Rick Santorum went further, calling for a 25 percent reduction of low-skilled immigrants coming into the country legally.

"Everyone else is dancing around it. I'm going to stand for the American worker," Santorum declared...

Trump, who launched his presidential bid by calling Mexican immigrants rapists and criminals, declined to attend the New Hampshire event. He cited criticism from the local newspaper host, yet he is expected to play a prominent role in Thursday's formal debate, where only the GOP's top 10 candidates — as determined by national polls — will be allowed on stage.

Monday's event was broadcast live on C-SPAN and local television stations in Iowa and South Carolina — states that, along with New Hampshire, will host the first contests in the presidential primary calendar next February...

Just one woman was featured on stage Monday night: former Hewlett-Packard CEO Carly Fiorina, who is unlikely to qualify for Thursday's higher-profile debate.

Democrats are also eager to debate Republicans on immigration.

GOP leaders have acknowledged the need to improve the party's standing among the surging group of Hispanic voters. Yet while many Democrats favor a more forgiving policy that would allow immigrants in the country illegally a pathway to citizenship in many cases, many Republicans focus on border security.

Florida Sen. Marco Rubio, once a lead salesman for a comprehensive immigration overhaul, said Americans want the border fence completed and more border security agents before there's any discussion of what to do with those 11 million immigrants in the country illegally.

Others offered a softer tone on the divisive issue Monday night.

Ohio Gov. John Kasich said "law-abiding, God-fearing" immigrants in the country illegally should be allowed to stay. Those who break the law, he said, "have to be deported or put in prison."

Bush said fixing the nation's immigration system is a key part of his plan to help the economy grow 4 percent each year. He also called for reducing legal immigration, particularly the number of people allowed to enter the country on family petitions...

Wisconsin Gov. Scott Walker called the move "a buzz saw to the nation's economy."

"I want to balance a sustainable environment with a sustainable economy," Walker said.

Several candidates involved Monday night won't make the cut for Thursday's debate...

Fiorina charged that Clinton has repeatedly lied during investigations into her use of a private email server and an attack on an American embassy in Libya while she was secretary of state.

"These go to the core of her character," Fiorina said.

"We have to have a nominee on our side who's going to throw every punch," she continued. "This is a fight.".. Read more about Illegal immigration top GOP talking point at New Hampshire presidential forum

Fraud crackdown sends illegal immigrant licenses plummeting in NM

A crackdown on document fraud has sent the number of driver's licenses issued to illegal aliens in New Mexico plunging by 70 percent, while revealing that the state likely issued tens of thousands of bogus licenses after becoming the first state to adopt the controversial policy a dozen years ago.

Last year, New Mexico issued 4,577 licenses to foreign nationals, down sharply from the 2010 high of about 15,000. ...the huge drop came as soon as new procedures were implemented to identify fraudulent documents that had been submitted to obtain licenses.

“While this is encouraging news, Gov. Martinez still sides with an overwhelming majority of New Mexicans who believe we must repeal the dangerous law of giving driver’s licenses to illegal immigrants, which has turned our state into a magnet for criminal activity,” said Mike Lonergan, spokesman for the governor.

New Mexico became the first of 10 states to issue driver's licenses to illegal aliens in 2003, under then-Gov. Bill Richardson, who claimed it would cut down on uninsured drivers in the state. But while the policy's effect on public safety has been inconclusive, critics say it launched a cottage industry for criminals to sell fraudulent documents.

Last year, federal officials broke up a five-year operation -- which extended from New Mexico to New York -- that saw illegal immigrants from Georgia paying as much as $2,000 to obtain documents to secure a New Mexico driver’s license.

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A high-profile case in 2012 saw five Albuquerque residents federally indicted in a multi-state license distribution scheme...

"New Mexico's driver's license policy has once again attracted criminal elements to our state in pursuit of a government-issued identification card," Martinez said at the time. "Our current system jeopardizes the safety and security of all New Mexicans and it is abundantly clear that the only way to solve this problem is to repeal the law that gives driver's licenses to illegal immigrants."

... Republican State Rep. Bill Rehm, a retired county sheriff's officer, said more than 100,000 driver’s licenses have been issued to illegal immigrants, but only about 17,000 have filed a state income tax.

“These people enter the country illegally, then obtain a driver’s license through fraud and lies,” Rehm said. “We sparked a whole criminal industry by allowing this.”

Rehm is among a large number of opponents who have been unable to get the law repealed, despite Martinez's support. The critics say the policy has penalized legal residents of the state, because of a 2005  federal law aimed at preventing terrorists from getting fraudulent IDs. Because the federal REAL ID Act sets forth standards stricter than New Mexico's for federal recognition of identification documents, the Department of Homeland Security will not recognize licenses from states including New Mexico as ID for getting on a plane or entering federal buildings, for example...

Vivian Juarez, director of the Mexican Consulate in Albuquerque, declined to comment on the drop in licenses issued to Mexican nationals in New Mexico.

Joseph J. Kolb is a freelance journalist based in New Mexico.


  Read more about Fraud crackdown sends illegal immigrant licenses plummeting in NM

7 Ways Jerry Brown and California Democrats Embraced Illegal Aliens

In case you are wondering exactly how aggressive Governor Jerry Brown and his Democratic colleagues in the California legislature have been in trying to erase the distinction between people residing in California legally versus those here in violation of U.S. immigration law, here are seven startling but very real ways that they have done so.

1. SANCTUARY STATE AND CITIES

The State of California and literally dozens of cities around the state, including Los Angeles, San Francisco, San Jose, and San Diego, have adopted policies providing “sanctuary” for illegal aliens who come into contact with law enforcement. These policies prohibit even inquiring about a person’s immigration status, and do not allow for state or municipal funds to be used to enforce federal immigration laws.

Governor Brown and state legislators have gone a step further by actually passing a state law–the “Trust Act”–that impedes the ability of local law enforcement in cities which do not have a “sanctuary” policy.

San Francisco’s policy has put the city in the epicenter of a media maelstrom with the recent murder of 32-year-old Kathryn Steine. The accused killer, Juan Francisco Lopez-Sanchez, had been deported several times, was in the country illegally, and was in the custody of the police, but was let go.

2. THE “ILLEGAL ALIEN” DRIVER’S LICENSE

Democrats pushed through a new law that requires the California Department of Motor Vehicles to issue a separate driver’s licenses for people who are here illegally. These individuals can actually use a “matricula consular” identification card issued by the Mexican government as valid ID to obtain the driver’s license....

3. GOVERNMENT-FUNDED HEALTHCARE FOR ILLEGALS

In the recently-passed California budget there are $40 million dollars set aside for a program that begins to extend health coverage to children of illegal aliens beginning in May 2016, with the program set to ramp up to a whopping $132 million for the 2016-17 budget year.

4. CIVIL RIGHTS PROTECTIONS FOR ILLEGAL ALIEN DRIVERS

Now that illegal aliens have the privilege of legally driving on California roads, the governor and legislature have followed up with another law expanding the anti-discrimination measures of the first bill. These illegal alien drivers now are protected under the Unruh Civil Rights Act and the Fair Employment and Housing Act....

5. TAXPAYER SUBSIDIES FOR ILLEGALS TO ATTEND PUBLIC UNIVERSITIES

It is now the law in California that if you are an undocumented alien, a citizen of a foreign country, but you have been residing in California, you qualify for lower “in state” tuition and fees at the University of California, California State University and California Community College campuses....

Two more laws recently enacted also make it clear that illegal aliens who are attending both pubic and private universities can apply for publicly-funded CalGrants, and can legally pursue private school loans as well. The estimated annual cost to California taxpayers for the public aid for these people in the country illegally? Closing in on $40 million per budget year.

6. GRANTING OF PROFESSIONAL LICENSES TO ILLEGALS

Yet another California law passed by Democrats prohibits about 40 state licensing boards that confer legal status to professional occupations from “denying licensure to an individual based on his or her citizenship or immigration status.”

These professions range from doctors, pharmacists and psychologists to real estate agents and security guards, to just name some of the dozens. State law now also allows an illegal alien to sit for the California Bar exam and be given a license to practice law in California.

7. UNEMPLOYMENT BENEFITS FOR ILLEGALS “DEFERRED” UNDER OBAMA’S EXECUTIVE ORDER

President Obama decreed that illegal immigrants who entered the United States before 2010 who were 16 years or younger when they crossed into the U.S. can obtain renewable work permits, staying in the country indefinitely. It is estimated that close to two million people could be eligible nationally. Now, under California law any of these individuals are also eligible to receive unemployment benefits. That law also requires the California DMV to issue official state ID cards to any such individuals.
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Jon Fleischman is the Politics Editor of Breitbart California. A longtime participant, observer and chronicler of California politics, Jon is also the publisher at www.flashreport.org. His column appears weekly on this page. You can reach Jon at jfleischman@breitbart.com.


  Read more about 7 Ways Jerry Brown and California Democrats Embraced Illegal Aliens

Oregon judge’s connection to illegal immigrant’s murder of Kate Steinle

Tragedy on San Francisco's Pier 14

On Wednesday, July 1st, 32-year-old Kate Steinle was shot and killed on San Francisco’s Pier 14, “one of the city’s most scenic tourist spots.” The ABC affiliate in San Francisco reported San Francisco police said she “was walking along Pier 14 when a man came up and shot her in the upper torso.”

The ABC affiliate reported “Wednesday was supposed to be fun for Kate and her family. She met her father on Pier 14 that night. He was there to take her to Pleasanton, to learn if her brother and his wife were expecting a boy or girl. But tragedy struck instead.” The San Jose Mercury News reported “A bullet pierced Steinle’s aorta and she collapsed to the ground in front of her father, who desperately tried to save her life.”

April 2014 Oregon court ruling

Janice M. Stewart was appointed as a U.S. Magistrate Judge on October 13, 1993. She was the first woman to be appointed to serve as a federal magistrate judge in Oregon.

Judge Stewart ruled on April 11, 2014 that holding Maria Miranda-Olivares for an immigration hold violated her constitutional rights. Miranda-Olivares had been held for 19 hours after completing a two-day jail sentence in Clackamas County for a domestic violence charge. According to the Oregonian “jail officials detained her until the next day, giving US Immigration and Customs Enforcement (ICE) officials time to pick her up.” As part of the ruling, the judge found that cities, counties and states could be held liable for unlawful detention for immigration detentions.

In the wake of the ruling, 30 of Oregon’s 36 counties quickly became “sanctuary counties,” according to the Center for Immigration Studies. One Oregon city, Springfield, became a “sanctuary city.”

A Portland immigration lawyer called Judge Stewart’s ruling a game changer and a Lewis and Clark College law professor said “Oregon may actually be one of the leading areas of the country in basically rejecting the idea that state and local law enforcement officers should pay attention to the detainers.”

The April 2014 ruling was followed by a coordinated campaign by immigrant rights’ groups and the ACLU to push other counties to defy federal immigration hold requests (“ICE detainers”) – which are part of the Secure Communities program. They sent letters to counties throughout the U.S.

On May 29, 2014 the San Francisco Sheriff’s Department announced that they would “no longer honor U.S. Immigration and Customs Enforcement (ICE) detainers unless they are supported by judicial determination of probable cause or with a warrant of arrest” – expanding San Francisco’s “sanctuary” status.

Accused murderer a felon illegal immigrant exploiting “sanctuary” status of San Francisco

The accused murderer of Kate Steinle, Francisco Sanchez, is a convicted felon who has been deported 5 times and was only recently released from prison. Sanchez used a gun that had been stolen from a federal agent’s car while the agent was in San Francisco on business.

USA Today reported “Federal officials say he should have never been walking the streets a free man. Federal officials released Sanchez in March from federal prison where he had served nearly four years for previous immigration violations. They delivered Sanchez to the San Francisco sheriff’s office, where he was wanted on felony marijuana distribution charges. Local officials dropped those charges a few days later and released Sanchez onto the street despite a request from U.S. Immigration and Customs Enforcement to detain him for deportation.”

U.S. News & World Report reported “The San Francisco sheriff, citing the city’s ‘sanctuary city’ policy, released Sanchez in April after prosecutors dropped the drug charge, despite an Immigration and Customs Enforcement request to hold him for federal authorities so deportation proceedings could begin.”

A federal immigration spokeswoman said “As a result, an individual with a lengthy criminal history, who is now the suspect in a tragic murder case, was released onto the street rather than being turned over to ICE for deportation.”

U.S. News & World Report reported “Democratic presidential candidate Hillary Clinton told CNN that San Francisco was wrong to ignore the ICE detainer request and release Sanchez from custody.” They also quote Hillary Clinton saying “The city made a mistake not to deport someone that the federal government strongly felt should be deported.”

USA Today also reported that the accused murderer told a TV reporter he came to San Francisco to look for a job because he knew they offered sanctuary to people unlawfully in the country. Read more about Oregon judge’s connection to illegal immigrant’s murder of Kate Steinle

Portland labor activist Francisco Aguirre-Velasquez wants U.S. immigration charge dismissed

Portland labor activist Juan Francisco Aguirre-Velasquez asked a federal judge Monday to dismiss charges that he illegally re-entered the United States after he was convicted of drug delivery charges and deported in 1999.

Aguirre-Velasquez, who twice escaped the brutal regime of his native El Salvador, claimed in court papers that the immigration judge who handled his 1999 deportation proceedings violated his due process by failing to correctly explain the range of options available to him.

"Only because (Immigration Judge Michael) Bennett incorrectly informed Mr. Aguirre-Velasquez that he would be detained indefinitely if his request for suspension of deportation was granted, did Mr. Aguirre-Velasquez withdraw his request for relief and acquiesce to be removed (from the U.S)," his lawyer, Ellen C. Pitcher, wrote in court papers.

"Because there is no other basis for the prosecution," Pitcher wrote, "the indictment must be dismissed."

Assistant U.S. Attorney Gregory R. Nyhus, representing federal immigration officials, disagreed with Pitcher's argument. In legal papers, he asked Senior District Judge Robert E. Jones to deny Pitcher's motion.

"Simply put," Nyhus wrote, "as an aggravated felon, the defendant was not entitled to the relief requested and had no other plausible method of relief available to him. Therefore, his removal would still have occurred even if the immigration judge had provided correct information."

Jones took the matter under advisement and is expected to file a written opinion.

Aguirre-Velasquez, who received three years of probation on the drug charges, faced new travails last summer, after he was stopped for drunken driving. He blew .12 on the blood-alcohol test, higher than the legal limit in Oregon of .08.

He took refuge last September in Augustana Lutheran Church in Northeast Portland, where congregants took him in as part of the sanctuary movement. Later that month, a federal grand jury indicted him for illegally re-entering the U.S. after his deportation.

The sanctuary movement protects immigrants such as Aguirre-Velasquez, who made a name for himself standing up for oppressed workers after facing the horrors of war as a youth in El Salvador...

The nation's sanctuary movement came under criticism after Francisco Sanchez, a 45-year-old repeat drug offender from Mexico, was arrested in San Francisco following last Wednesday's shooting death of Kathryn Steinle.

News accounts suggested that Sanchez, deported five times, came to the city because of its status as a sanctuary, opening criticism of the movement by the U.S. immigration officials and others.
  Read more about Portland labor activist Francisco Aguirre-Velasquez wants U.S. immigration charge dismissed

Francisco Sanchez admits shooting woman, knew San Francisco would not detain him

Francisco Sanchez had been deported to Mexico five times before he says he shot and killed a woman last week on Pier 14, but he knew San Francisco was a sanctuary city where immigration authorities would not detain him.

In a jailhouse interview Sunday with KGO-TV, Sanchez admitted that he shot 32-year-old Kate Steinle, but said it was an accident. He said he found the gun on the ground wrapped in a T-shirt and that it went off three times as he unwrapped it.

Sanchez, 56, who spoke in limited, heavily accented English and also through a translator, said he kicked the gun into the bay and didn't realize he had shot someone until he was picked up later that day by police.

He said he has been living in San Francisco for about four months. He kept crossing the border illegally to seek jobs in the restaurant and construction industry, and that he had searched for work in California as well as Oregon.

Sanchez also said that he didn't remember the shooting...

The San Francisco sheriff's office released Sanchez in March...

San Francisco, which has one of the most lenient "sanctuary city" policies in the nation, does not hold those identified as illegal immigrants by ICE without a judicial determination or arrest warrant.

"We followed both the city ordinance and our policy, which is that we don't honor ICE detainers — which are a request, not a legal basis," Freya Horne, spokeswoman for the San Francisco Sheriff's Department, told the San Francisco Chronicle.
  Read more about Francisco Sanchez admits shooting woman, knew San Francisco would not detain him

San Francisco Killing Sparks Illegal Immigrant Detention Debate

The fatal shooting of a woman in San Francisco last week, allegedly by an illegal immigrant man convicted of seven felonies and previously deported to Mexico, has sparked a debate about the extent to which local law enforcement and federal immigration authorities should cooperate.

At issue is the Department of Homeland Security’s practice of seeking to identify potentially deportable individuals in jails or prisons nationwide by issuing a “detainer,” a request rather than an order to extend the individual’s detention.

Kathryn Steinle, 32 years old, was walking with her father along Pier 14 on the evening of July 1 when she was shot in her upper torso, police said. She later died at a hospital.

With the help of people who had snapped photos of him on their phones, police tracked down the suspect, Francisco Sanchez, 45, a few blocks away. Mr. Sanchez was booked into San Francisco County Jail on suspicion of homicide.

...“Our officers lodged an immigration detainer asking to be notified before his release; that detainer was not honored,” said ICE spokeswoman Virginia Kice. “As a result, an individual with a lengthy criminal history, who is now the suspect in a tragic murder case, was released onto the street rather than being turned over to ICE for deportation.”

A San Francisco ordinance adopted in October 2013 “deemed him ineligible for extended detention” after the local charges were dismissed, the sheriff’s department said, adding that “detainers are requests and not a legal basis to hold an individual.”

San Francisco Mayor Ed Lee called Ms. Steinle’s death “tragic and senseless,” while defending the city’s policies...

At least 300 localities, including San Francisco, in recent years have stopped honoring detainer requests due to concerns that individuals are remaining jailed without probable cause.

In April 2014, in what is considered a landmark case, a federal judge ruled that an Oregon county had violated an immigrant’s Fourth Amendment rights by holding her without probable cause.

Between Jan. 1, 2014, and June 19, 2015, there were 10,516 detainer requests declined in California and 17,193 declined nationwide, ICE said...

“What happened in San Francisco is tragic,” said Jennie Pasquarella, an attorney with the American Civil Liberties Union of California. “But to the extent there is any question about whether a person should have been held, it was simply a form and there was no warrant signed off by a judge.”

San Francisco’s sheriff department said there was no active ICE warrant or judicial order of removal for Mr. Sanchez, “only a request for his detention.”

Last month, ICE announced that it would use detainers only in “special circumstances.”...

Republican presidential contender Donald Trump, who has been criticized for making derogatory remarks about Mexican immigrants, described Ms. Steinle’s death as “a senseless and totally preventable violent act committed by an illegal immigrant.”

Civil rights groups and critics of the detainer policy counter that immigration hard-liners are trying to capitalize on the slaying.

“During a time of unspeakable tragedy, there is something fundamentally wrong about demagogues who quickly seek to exploit tragedy for political gain,” said Chris Newman, legal director for the National Day Laborer Organizing Network. Read more about San Francisco Killing Sparks Illegal Immigrant Detention Debate

Accused San Francisco Pier Shooter Should Have Been Deported: Immigration Officials

The man accused of gunning down a 32-year-old Pleasanton woman while she was out strolling San Francisco's Embarcadero with her father was in a Bay Area jail less than four months ago and should have been turned over to federal immigration officials upon his release, instead of being set free, according to the Department of Homeland Security.

But that's not the way the San Francisco County Sheriff's Legal Counsel Freya Horne sees it. In an interview Friday with NBC Bay Area, she said the city and county of San Francisco are sanctuaries for immigrants, and they do not turn over undocumented people – if they don't have active warrants out for them – simply because immigration officials want them to.

Meanwhile, San Francisco Police Chief Greg Suhr said Francisco Sanchez, who was arrested following the Wednesday evening shooting of Kathryn Steidle, along Pier 14 has "made an admission" with regards to the seemingly random death in the middle of a populated part of town....

Sanchez, who law enforcement say is either 45 or 46 and has about a dozen aliases, was taken into custody after witnesses described him to police. According to Immigration and Customs Enforcement, he is an undocumented immigrant with a long criminal history who has previously been deported to Mexico five times, the last time in 2008...

Kice told NBC Bay Area on Friday that Sanchez should have been returned to her agency's custody, because he had a "detainer" on his status in jail.
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Federal records show Sanchez has seven prior felony convictions, four of which were for drug charges. Records indicate his convictions took place in states including Texas, Oregon and Arizona. And a law enforcement source said the case that landed Sanchez in San Francisco jail most recently was for a marijuana case that was about 20 years old.

Police have described the shooting as random, as she was not robbed and never even exchanged words with the man who killed her. Kathryn Steinle's father, Jim Steinle, said she was taken in the prime of her life. "She had so much to live for and died so senselessly,” he said Thursday. “It’s terrible.”...

San Francisco Police Officer Grace Gatpandan Gatpandan added that San Francisco is a "sanctuary city, so we do not hand over people to ICE." She also said that the police are "not responsible" for Sanchez once he is booked into county jail, "meaning we do not have control over his release."

Sanctuary cities, which are dotted throughout the United States, don't inquire about an immigrant's status for the federal government. It has no legal meaning, but is a de facto practice of a particular city.

San Francisco's particular ordinance is called the "Due Process Ordinance for All on Civil Immigration Detainers." Read more about Accused San Francisco Pier Shooter Should Have Been Deported: Immigration Officials

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