Friday, March 6, 2009

Sorry, we don't do that

Imagine this scenario. You look out the kitchen window and your car is gone. You call 911 and the conversation goes like this:
Operator: “This is 911. What is the nature of your emergency?”
You: “My car has been stolen.”
Operator: “I’m sorry sir. We aren’t taking calls for auto theft these days. We are so busy with violent crime. Our jails are full. Call back in a month or two. Perhaps we can handle your case then. (Click.)”

Now I ask you, would you accept that? Of course you wouldn’t. But that is exactly what the federal government is telling us. An illegal alien’s crime has to rise to a certain level before they will even consider picking him up for deportation.

And that level is extremely high. Fewer than 10% of criminal illegal aliens arrested in Elgin were picked up for deportation. They were known criminals. They were reported to ICE. ICE refused to pick them up.

Some say the undocumented are a peace-loving bunch so that isn’t a problem. Well, the public safety concerns are HUGE. There have been efforts by a few in Congress to mandate deportation for illegals who are picked up for DUI, but those efforts have been defeated despite reports that a dozen people nationwide die at the hands of illegal aliens driving drunk EACH DAY. And that's just the DUI's. Another dozen are killed by illegal alien violence. (Compare that to the troops killed in Iraq.)

The federal 287(g) program was passed by Congress back in 1996. It gives trained local police enhanced authority to arrest and process illegal aliens. The text is at the bottom of this blog. I defy you to find anything about minimum crime requirements or even guidelines about felonies or misdemeanors.

Operationally, ICE is granting amnesty every day and illegal aliens know this. They are well aware that the risks of being deported are negligible. In other words, crime pays.

We won’t fix that by waiting for Congress to do something. Their "Comprehensive Immigration Reform" means a blanket amnesty program to let off pressure. No wonder the public screams every time they try to pass it.

We fix it by taking local action- demanding that Homeland Security gets its act together so it can enforce the laws on the books.

Here's the text of 287(g):

110 STAT. 3009–563 PUBLIC LAW 104–208—SEPT. 30, 1996
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
‘‘(g)(1) Notwithstanding section 1342 of title 31, United States
Code, the Attorney General may enter into a written agreement
with a State, or any political subdivision of a State, pursuant
to which an officer or employee of the State or subdivision, who
is determined by the Attorney General to be qualified to perform
a function of an immigration officer in relation to the investigation,
apprehension, or detention of aliens in the United States (including
the transportation of such aliens across State lines to detention
centers), may carry out such function at the expense of the State
or political subdivision and to the extent consistent with State
and local law.
‘‘(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of a State
performing a function under the agreement shall have knowledge
of, and adhere to, Federal law relating to the function, and shall
contain a written certification that the officers or employees
performing the function under the agreement have received adequate
training regarding the enforcement of relevant Federal
immigration laws.
‘‘(3) In performing a function under this subsection, an officer
or employee of a State or political subdivision of a State shall
be subject to the direction and supervision of the Attorney General.
‘‘(4) In performing a function under this subsection, an officer
or employee of a State or political subdivision of a State may
use Federal property or facilities, as provided in a written agreement
between the Attorney General and the State or subdivision.
‘‘(5) With respect to each officer or employee of a State or
political subdivision who is authorized to perform a function under
this subsection, the specific powers and duties that may be, or
are required to be, exercised or performed by the individual, the
duration of the authority of the individual, and the position of
the agency of the Attorney General who is required to supervise
and direct the individual, shall be set forth in a written agreement
between the Attorney General and the State or political subdivision.
PUBLIC LAW 104–208—SEPT. 30, 1996 110 STAT. 3009–564
‘‘(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any Federal
employee.
‘‘(7) Except as provided in paragraph (8), an officer or employee
of a State or political subdivision of a State performing functions
under this subsection shall not be treated as a Federal employee
for any purpose other than for purposes of chapter 81 of title
5, United States Code, (relating to compensation for injury) and
sections 2671 through 2680 of title 28, United States Code (relating
to tort claims).
‘‘(8) An officer or employee of a State or political subdivision
of a State acting under color of authority under this subsection,
or any agreement entered into under this subsection, shall be
considered to be acting under color of Federal authority for purposes
of determining the liability, and immunity from suit, of the officer
or employee in a civil action brought under Federal or State law.
‘‘(9) Nothing in this subsection shall be construed to require
any State or political subdivision of a State to enter into an agreement
with the Attorney General under this subsection.
‘‘(10) Nothing in this subsection shall be construed to require
an agreement under this subsection in order for any officer or
employee of a State or political subdivision of a State—
‘‘(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in
the United States; or
‘‘(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of aliens
not lawfully present in the United States.’’.

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