Wednesday, August 5, 2009

We've moved!

In case you've been looking for the website, we've moved to
http://sites.google.com/site/aflaelgin/

It is a work in progress.

If you have any suggestions please send an e-mail to
afla.heaton@sbcglobal.net

If you would like any of the material from the old website, drop me a line and I'll see if I can get you a copy.

Thanks for your patience while we get unpacked.

Monday, July 27, 2009

Testing the system

Maricopa County Arizona has been a 287g agency since February of 2007. They are authorized to do both jail screening and participate in task force operations. And they are a busy place since Arizona is a border state and Maricopa County has a population of 3.7 million people.

Recently Janet Napolitano, former Arizona governor and now Obama's Secretary of Homeland Security, declared that the 287g program was only to be invoked for major crimes the agency was willing to prosecute. Translation: It would not be used for removing illegal aliens from the country.

Sheriff Arpaio has been accused of racial profiling simply for arresting illegal aliens in the course of his police work.

Under the new rules (which weren't suppose to impact his agency for 90 days) the federal government has ordered the release of illegal aliens rather than take custody of them. ICE told the media that Sheriff Arpaio let them go.

But the Sheriff has audio tapes that tell a different story. His deputies are speaking with ICE agents who order them released. The option is to give them a letter to return at a later date and show proof of lawful presence to the sheriff. In one tape, the ICE agent and deputy both have a good laugh about the effectiveness of that letter.

So, ten known illegal aliens were put back on the street as a direct result of policy changes by the executive branch.

This administration is very proactive in dismantling the effectiveness of 287g.

Why do I say that? Well, if ICE only wants people who have been convicted of major crimes, you don't need any local screening or enforcement. All you need is to screen inmates before they are released from state prisons and maybe county jails.

Any illusion of enforcement is gone. There is no deterrent effect.

Then again, here in Elgin we don't have 287g or ICE ACCESS so all of our illegal aliens are put back on the street, approximately one a day.

Saturday, July 11, 2009

Deportation just got harder

In a move by Homeland Security yesterday, teeth have been removed from the 287g program. And not one member of Congress had to take a vote on it.

Link here: http://www.dhs.gov/ynews/releases/pr_1247246453625.shtm

Secretary of Homeland Security, Janet Napolitano, just established new rules for law enforcement agencies who want to become 287g partners.

Typical of this administration, they tell us they are doing one thing and yet mean just the opposite. Napolitano says in her press release the change was made to improve “public safety by removing criminal aliens who are a threat to local communities…” and “This new agreement supports local efforts to protect public safety by giving law enforcement the tools to identify and remove dangerous criminal aliens.”

That’s what she said, but the change forbids deportation proceedings for “minor crimes.” Translation: You have to be REALLY BAD before you get deported.

Exactly how does that improve public safety?

So, why is this important? Well, let me give you an example. There was a case in the local papers the other day about a fellow who was arrested for dealing drugs.
Man charged with trying to sell coke to Elgin cop
By Harry Hitzeman Daily Herald Staff
Published: 7/8/2009 10:40 AM

A 25-year-old Elgin man faces prison time after being accused of planning to sell cocaine to an undercover officer.

Bond for Julio G. Zarate of the 500 block of Cleveland Avenue was set at 10 percent of $250,000 this morning.

He faces several charges of possession of a controlled substance with intent to deliver. That is a Class X felony that carries a prison of six to 30 years. Probation is not an option.

What the article doesn’t tell you is that this SAME MAN was arrested by Elgin Police in February for a Drivers License violation and identified then as an illegal alien.

It doesn’t take a genius to understand that IF he had been deported in February as the law requires, he would not have been selling drugs on the streets of Elgin. How many people bought from him in the last five months? How many new customers did he introduce to cocaine?

You might say that he would have just snuck back into the country if deported. Maybe. But do you think he would have come back to Elgin?

Then you get out the calculator and determine what this added arrest costs Elgin, Kane County, and the state. You've got the arrest, the trial (most likely we'll be paying to both prosecute and defend him), and the incarceration for the next six to 30 years.

Washington doesn't care about it because all these costs are local.

It seems clear to me that this administration has no intention of getting tough on illegal aliens. Six years in office Bush finally realized the need for enforcement before amnesty. Obama seems doomed to repeat the mistake.

Monday, June 29, 2009

"Hold for outside agency"

What's going on at the Kane County Jail?
Well, Sheriff Pat Perez has refused to tell us so we continue to piece things together without him.
Inmate information can be found at the Kane County Jail website using a national system called VINE, intended to give victims the ability to find out if their attacker is out on the street or behind bars.
VINE lists the amount of bail and where the prisoner is located as well as the charges filed.
Kane County isn't 100% with filling in the blanks. For example, there is a spot for the name of the arresting police department. It is usually blank.
Of particular interest to AFLA is the designation, "Hold for outside agency." This means that before the prisoner can be released the jail must notify an outside agency that the perp is leaving.
The outside agency could be another county, or state, or IDOC, or the FBI. But usually it means that ICE wants him after the county is done with him.
In some parts of the country the county actually designates "Hold for ICE." But not here. Sheriff Perez wouldn't want to give the impression that we have a problem with illegal aliens in Kane County. That would be "borderline insulting," to use his own words.
So, here's the best we can do. We will list all the inmates at the Kane County Jail who have a "Hold for outside agency" designation in their profile. You figure it out.
Total inmates as of June 14, 2009: 622 (Yes, we are STILL renting space from other jails, despite the new jail that opened a few months ago!)
Total inmates with Holds: 241 (or almost 39%)
So, the burning question is whether or not Kane County has more illegal aliens in jail (that we are paying for) than Lake County with their 21.5%. Based on this list, I'm thinking yes.
The next question is whether or not ICE is sending them home at the end of their sentence in Kane County. And are we diligent in identifying those who are deportable?
List of inmates with Holds:
Acosta, Madeleno
Aguiniga, Jose Antonio
Aguiniga, Ramon
Aguirre, Alfonso
Aguirre, Pablo Ochoa
Alba-Sanchez, Ramon
Albaran-Corona, Eduardo
Alvarez, Lorenzo Ivan
Ambriz, Omar
Aragon, Fabian
Arenas, Oscar Ivan
Avila, Sergio Alejandro
Ayala, Mitchell Dominguez
Ayala-Cortez, Magali
Bahena-Navarro, Santos J
Balderas-Nieves, Martin
Banderas, Artemio
Barraza, Francisco Javier
Becerra, Rafael
Bedoya, Juan Carlos
Bello-Garcia, Manuel
Bernal, Fabian Adame
Biurquiz, Juan
Blanco, Jose Evelio
Bolado, Juan Antonio
Cardoza, Hector Manuel
Carranza, Manuel Leiva
Casillas, Juan Javier
Castellanos-Ortiz, Udith
Castillo, Oscar Javier
Castillo Arrazada, Jesus
Cepeda, Arnoldo
Cervantes, Jose Luis
Chagala-Villseca, Daniel
Chaparro, Cosme Damien
Chavez, Edgar Arturo
Chilapa, Andres
Cisneros, Plutarco Valles
Cristobal, Felipe Andres
Cruz, Ivan Ariel
Delacruz, Pomposo
Diaz, Jorge
Escobar, Daniel
Espinosa, Martin
Faz, Juan Manuel
Flores, Martin
Flores, Roel
Flores-Ramirez, Juan
Franco, Leonardo Daniel
Franco-Avales, Luis Fernando
Fuentes, Silvestre
Fuentes-Almaguer, Mauricio
Galarza, Jesus Samuel
Gallardo, Jesus
Gallardo, Julio
Garcia, Agustin
Garcia, Eduardo
Garcia, Esteban
Garcia, Victor A
Garcia-Pantoja, Juan
Gardea-Rojas, Jose Alfredo
Garnica, Juan Carlos
Garza, Socorro
Gonzales, John Thomas
Gonzalez, David Ulises
Gonzalez-Pastrana, Ricardo
Guerrero, Alberto
Guerrero, Alfredo
Guerrero, Guillermo Severiano
Guerrero, Javier Gomez
Guerrero, Reynaldo
Hernandez, Francisco Javier
Hernandez, Martin
Hernandez-Vazquez, Jose Manuel
Herrera, Jose Luis
Herrera, Juan Roberto
Herrera, Martin Alfaro
Huante, Jose Javier
Huerta, Michael
Hurtado, Cipriano
Jaimes, Juan Carlos
Jaimes, Juan Eberto
Lagunes-Rodriquez, Mario
Lara, Nasario
Lemuz-Mora, Miguel
Lopez, Christian
Lopez, Juan Jose
Lopez, Melissa Noemi
Lopez, Miguel Angel
Luna, Mauricio
Madera, Alvaro
Maldonado, Norma
Marrufo-Duran, Ricardo
Martinez, Ismael
Martinez-Prado, Omar
Medina-Martinez, Jesus
Melero, Jose Flavio
Memije, Leonardo Hernandez
Mendoza-Macias, Hector
Merlin-Cruz, Andres
Millet, Luis Enrique
Miranda, Jorge Arturo
Molina, Cristian Reyna
Montellano, Luis Alfonso
Montoya-Martinez, Manuel De Jesus
Mora-Cortez, Antonio
Morales-Inclan, Jaquelino
Moreno, Joel
Mujica, Heriberto
Munoz, Miguel Angel
Navarro-Hernandez, Rogelio
Olmedo-Avila, Lazaro
Parra, Felipe Dejesus
Perea-Alanis, Jose DeJesus
Perez, Emmanuel Epifanio
Perez, Nestor
Perez, Reynaldo
Petrona, Elias Bebolla
Pina, Diego Armando
Ponce, Ernesto
Prieto, Angel
Ramirez, Alan Romero
Ramirez-Placido, Estela
Ramos, Atilano
Rangel, Juan Carlos
Reyes-Acosta, Sergio
Reyes-Labrada, Jose Fernando
Rios, Rose Mary
Rivas, Luis Manuel
Rivera, Mauro
Rodriguez, Eduardo
Rodriguez, Esteban
Rodriguez, Luis Carlos
Rodriguez, Michael Adam
Rodriguez, Ramon
Rodriguez-Elvira, Ernesto
Rodriguez-Flores, Leobardo
Rodriguez-Ramos, Cesar
Rodriguez-Renteria, Gonzalo
Rojano-Gomez, Juan Jose
Rosales, Mario Adrian
Ruiz-Martinez, Fernando
Ruiz-Tagle, Maria Jose
Salcedo-Vazquez, Teodolfo
Salinas, Timothy Matthew
Sanchez, Efren Eloy
Sanchez, Javier Leon
Sanchez, Jose Luis
Sarmiento-Parra, Miguel
Saucedo-Cervantes, Raul
Solis, Adam Matthew
Soto, Juvenal
Soto-Castro, Uriel
Tamayo, Benjamin
Terrones-Alcantara, Emanuel Valente
Torres, Enrique Leonel
Tovar, Luis Alberto
Valenzo, Julio
Vazquez-Munoz, Felipe
Vazquez-Plancarte, Jose Juan
Vega, Luis
Velazquez, Alejandro
Vences, Roberto
Vera, Roberto JR
Verdugo, Juan Carlos
Yepez-Gutierrez, Erick

Alexander, Jeremiah Davon
Banbury, Brian James
Barragan, Jaime
Belton, Charles Ervin
Birden, Denata Titus
Bonner, Raymond Hirrom
Bray, Kelly Jordan
Brooks, Christopher Dante
Brown, James Reno
Bryant, Kevin Robert
Byrnes, Ricky Leroy
Cain, Paula Rae
Carpenter, Valerie Anne
Collalti, Timothy Alan
Covington, Anthony
Davis, Anthony Lamar
Davis, Larry Jake
Davis, Ronnie
Denson, Darren
Farrell, Rhonda Lynn
Fowler, Glen Terrell
Frazier, Michael Jerome
Glass, Ethan Ray
Graves, Sylvester Ken
Greenwell, Todd Robert
Grimes, Jeremy
Haley, Eugene Juven
Hamilton, Hezekiah
Hans, Joseph Mulrey
Haznar, Tomasz
Hrehorwicz, Dariusz Dominck
Ingram, Brian Lakeithin
Johnson, Jimmie Lee
Jones, Kenneth Kevon
Kelly, Darryl Eugene
King, Christopher Shane
Kingcade, Forest Conan
Kuhn, Michael Douglas
Lagunes, Gary Francisco
Lamendola, Cheryl Lynn
Leflore, Keith Wayne
Lugo, Wilfredo Enrique
Manning, Arthur
Martin, Jeremy Kyle
Meeks, Chavis Tyree
Moore, Theodore Andrew
Myers, Billy Byford
Neal, Frederick Joseph
Njoroge, Stephen
Peery, Travis D
Phillips, Deidrick Jerome
Poczatek, Jeffrey Joseph
Richter, Steven Anthony
Robinson, Jessica May
Ross, Michael Conrad
Saulsberry, Chavez Keith
Schaibley, Jeffrey Todd
Schue, Matthew Joseph
Shelton, Christopher Paul
Shipp, Dwayne
Spears, Dion
Stafford, Joseph Walter
Starks, Leville
Steagall, Terry Lee
Stewart, Corey Lashon
Stewart, Eddie Jermaine
Thompson, Cecilia Aquanetta
Tobolt, Kami Lynn
Tucker, Jonathan Cecil
Turner, Anthony Pirrie
Washington, Darren Andre
Washington, Devarl Andre
Welch, Timothy Patrick
Wilbur, Shanda Nicole
Zinke, Jonathan Lee

Wednesday, June 24, 2009

Quality of Life in Elgin

A member of the Elgin City Council (thanks, Dave!) has sent me this information on the ordinances the city has to enhance and protect the quality of life here.

I applaud the effort.

Some are new; others are not.

But the proof is in the enforcement. Please review the list and don't hesitate to call something to the attention of the city if it is in violation of these ordinances. We need to give them an opportunity to take action on these matters. Let me know how it works out for you.

Here's the memo from the city:
Date: June 23, 2009

To: Mayor and Members of the City Council
Olufemi Folarin, City Manager

From: William A. Cogley, Corporation Counsel

Subject: Quality of Life Programs and Ordinances


This memorandum is in response to a request from the City Council for a listing of various so-called quality of life programs or ordinances adopted with the aim of improving the quality of life in the city’s neighborhoods. The following is a listing of a number of city programs and ordinances:

1. The Residential Conversion Grant Program provided for in Chapter 2.29 of the Elgin Municipal Code. Such program provides grants to owners of multi-family residential properties to convert these properties into their original conforming residential use.

2. The Residential Rehabilitation Program provided for in Chapter 2.30 of the Elgin Municipal Code. Such program provides grant funds for exterior repairs or rehabilitation of owner occupied lawful single family dwellings.

3. The Neighborhood Improvement Grant Program provided for in Chapter 2.31 of the Elgin Municipal Code. Such program provides financial assistance incentives for neighborhood groups and organizations in the development and implementation of projects benefitting the respective neighborhoods.

4. The rental licensing ordinance provided for in Chapter 6.37 of the Elgin Municipal Code. Such ordinance provides for the licensing and inspection of rental residential property and requires rental residential properties be code compliant in order to obtain a license therefore.

5. A graffiti ordinance providing for regulations prohibiting graffiti and providing penalties therefore as provided for in Chapter 9.17 of the Elgin Municipal Code. A comprehensive amendment to these regulations providing for additional regulations and providing for significantly enhanced penalties has been prepared and will be presented to the City Council in the immediate future.

6. The city’s noise regulations have been amended to address the problem of loud stereos being utilized on residential properties. Section 10.30.025 of the Elgin Municipal Code prohibits the operation of any sound amplification device or system from any residential property which can be heard from a distance of 75 feet or more from any property line of such residential property during nighttime hours or which can be heard from 150 feet or more from the property line of any residential property during daytime hours.

7. Title 10 of the Elgin Municipal Code has recently been amended by adding new Chapters 10.33, 10.34 and 10.35 to prohibit public intoxication, panhandling and sitting or lying down on a public sidewalk. The city’s liquor code at Section 6.06.140K has also recently been amended to prohibit the sale by single container of a specified listing of low cost/high alcohol content beer and malt products.

8. The chronic nuisance property ordinance provided for in Chapter 10.44 of the Elgin Municipal Code. Such ordinance provides an additional tool to combat unlawful nuisance behavior in the neighborhoods. A chronic nuisance property is a property upon which three or more instances of specified illegal behavior have occurred during any 120 day period. In addition to other remedies available such as fines, a court may order a chronic nuisance property to be closed and it secured against all use and occupancy for a period of not less than one month and not more than six months. My office recently utilized this chronic nuisance property ordinance against a problem property resulting in the property owner beginning eviction proceedings against the problem tenants.

9. Section 11.40.095 of the Elgin Municipal Code provides for the towing of automobiles used in connection with a variety of offenses including driving with a suspended or revoked driver’s licenses, driving under the influence of alcohol or drugs, driving without a driver’s licenses, or operating any car stereo system which can be heard outside the motor vehicle from 75 feet or more.

10. The 2006 edition of the International Property Maintenance Code was adopted by the city with local amendments in January of 2009. The local amendments adopted by the city in Section 16.12.020 of the Elgin Municipal Code include local amendments regarding occupancy limitations and overcrowding of residential properties. The local amendments adopted by the city resulted in more stringent occupancy limitations and represent an approximate 20% average decrease in the occupancy levels of residential properties permitted under the previous edition of the International Property Maintenance Code.

11. The definition of a family in Section 19.90.015 of the city’s zoning ordinance was amended to provide for a legally defensible definition of a family unit so as to allow enforcement of single family residential zoning to further reduce overcrowding in the city’s neighborhoods.

12. The 50/50 Historic/Architectural Rehabilitation Grant Program provided for in Chapter 20.15 of the Elgin Municipal Code. Such program provides grants to owners for the exterior rehabilitation and restoration of historically/architectural significant residential structures located in designated historic districts or designated as a landmark.

13. The 75/25 Historic/Architectural Rehabilitation Grant Program provided for in Chapter 20.16 of the Elgin Municipal Code. Such program provides grants to owners meeting certain income requirements for the exterior rehabilitation and restoration of historically/architecturally significant residential structures located in designated historic districts or designated as a landmark.

14. The odd/even off street parking program was established on a trial basis in four city neighborhoods.

15. The Department of Code Administration has implemented a zero tolerance code enforcement policy for a specified number of nuisance code violations including junk and debris, outdoor storage of household items, unpaved parking, excessive weeds, temporary signs in yards, major auto repair in resident districts and construction without building permits.

16. The city has implemented a problem property acquisition program. Such program provides for the acquisition by the city and subsequent demolition or renovation of particularly blighted or problematic properties in neighborhoods.

17. The city has implemented a number of other home improvement grant programs including the exterior painting program, substitute siding removal program and chain link fence removal program. Such programs provide grant funds for exterior painting, substitute siding removal and chain link fence removal for residential dwellings.

Please contact me if you have any questions or require any additional information on these matters.

Sunday, June 21, 2009

Peaceful enjoyment of property

Common law (and modern statutes) have created the expectation that we can have peaceful enjoyment of our own property. I claim that right and extend it to those around me.

In my case we bought this home on a busy street next to Little League baseball field.

To be sure, things have changed since 1988. The road was widened in 1989 and traffic has increased dramatically.

As for the baseball fields, the lights were added, as was a sound system. A higher fence was installed and games are played until 11:00 pm now. And, of course, the lightning alarms were added to further encroach on my peaceful enjoyment.

All these gradual additions were made without my approval. But I just accept it for what it is.

Now, the case at hand. My neighbors next door have never been particularly noisy, even when they had four families crammed into the house. Sure, there was a party last summer with loud music, but they shut it down at 11:00 pm and I didn’t have to call it in.

And earlier this year they had a DJ and a loud sound system going for a party of some sort. But it was in the afternoon and I just let it go. They should be able to enjoy their property as well.

Last night was different. Two Hispanic men, sitting in front of an open garage, playing the car stereo (thump-thump-thump) and having some beers. That was the scene when I went to bed at 10:30.

At 1:20 am they were still at it, so I made my first call to the Elgin Police non-emergency number. About five minutes later two black-and-white squad cars arrive, shining a spotlight on the house number. Of course, they immediately turn off the music.

But the police never got out of the cars. Nor did they even make any contact with the two men. The police just drove away. (I don’t think those two noise-makers even saw more than a passing look at the officers.)

You guessed it, the music came back on a couple of minutes later and the volume gradually went back up to the original level.

So, I called the police again, at 1:35 am. I explained what had happened to Heidi the dispatcher and she said she’d send someone by again.

It was 2:05 am when the second officer arrived. Again, they saw the spotlight and turned the music way down low. But he pulled in the driveway anyway and told them to turn it off. He didn’t check IDs or take down names. He just told them to turn it off.

That seemed to do the trick. They two drinkers hung around for another half hour, then one of them got in a car and drove away with six beers in his system.

I have greater sympathy for those of you who deal with noisy neighbors on a regular basis. But don’t apologize for calling in noise complaints. You have every right to expect that you can sleep with the windows open and not have to listen to the thumping bass of loud music.

As for the two cops who first arrived at the scene, they were a waste of resources. Their little stop yielded nothing.

You can ask the dispatcher to have the officers report in with you after they speak with the neighbors. I think I’ll do that next time.