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White House new obstacle to immigration enforcemnt

Discussion in 'Politics, Elections & Legislation' started by Barrelbulge(Fl), Dec 31, 2011.

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  1. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    Mor BS about the illegals. Mike.e



    ....An administration Dec. 29 memo declares that illegal immigrants may have to be held until they’re convicted in local courts before the federal government will begin deportation proceedings.

    The declaration “means lots of criminal aliens will be released if the locals don’t have the resources or inclination to prosecute, or if the [suspect] is found not guilty because of a technicality,” said Mark Krikorian, director of the Center for Immigration Studies.

    Many absconders already settle in other states, and some commit additional crimes against Americans. In October, for example, an illegal immigrant from Bolivia was convicted or murdering a nun in a drunk-driving crash in Virginia.

    Under long-standing laws, state officials are allowed to hold illegal immigrants for an extra 48 hours if federal immigration officers offer to take them into custody for subsequent deportation.

    The new rule shows “the administration wants to give up one of the most important tools in preserving public safety,” said Krikorian. “We’ll have more and more instances of illegals released by police because [federal immigration officials] wouldn’t take them [and] who then go on to commit some heinous crime,” he said.

    The U.S. hosts perhaps 9 million illegal immigrants, of which roughly 1.5 million illegals have committed major or minor crimes while staying in the country, said Jessica Vaughan, director of policy studies at the CIS.
     
  2. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Utter stupidity, and complete and utter lawlessness by Obama.

    Obama has killed the rule of law in this country. He is acting as a king, not a president.

    Why should any citizen obey the law when our government will not?
     
  3. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    You know what the White House porch monkey is going to do! He'll wait til sometime close to the election and if he is trailing Amnesty with executive order. Mike.
     
  4. Catpower

    Catpower Molon Labe TS Supporters

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    This administration is lower than whale shit, and will do anything to keep the free housing and AF 1
     
  5. Oscar Ray

    Oscar Ray TS Member

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    .45 acp to the head will cure that problem quick

    Oscar
     
  6. WS-1

    WS-1 Banned User Banned

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    I am truly AMAZED that it hasn't already been done.
     
  7. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    I was reading a book about the Secret Service that SBJ recommended and it stated there have been more threats against Obama than any President ever. Mike.
     
  8. WS-1

    WS-1 Banned User Banned

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    Kinda like the weather...everybody's talking about it but nobody is doing anything about it.

    Where's ol' Lee Harvey when you need him?
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    You guys are treading on very thin ice with comments like that.
     
  10. J.Woolsey

    J.Woolsey Member

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    Absolutely what Brian said!
     
  11. WS-1

    WS-1 Banned User Banned

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    Messrs. Brian and Woolsey,

    Perhaps you would be kind enough to explain.

    Respectfully,

    Kit Thomas
     
  12. noknock1

    noknock1 Active Member

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    I do not care for Obama or his political agenda, however there is much more to this story. This is a long read and I apologize in advance. There are some misconceptions about the enforcement of immigration laws in the U.S. I will try to lay out the basics. I am not an attorney; however, I slept in a Holiday Inn last night… HAHA

    First off being an illegal in the U.S. is punishable up to 180 days in jail, which is it. It is the equivalent of a class B misdemeanor in many states.

    Most U.S. citizens do not go to jail for class B misdemeanor offenses. DOJ with the exception of a few districts on the border will not prosecute for 8 USC 1325.

    That leaves the federal LEO with only an administrative option, which is to initiate removal proceedings... The Executive Office for Immigration Review (EOIR) is a DOJ entity that handles administrative immigration hearings. DHS/CBP nor ICE controls the hearings.

    Right, wrong, or indifferent, the illegal alien with no criminal convictions is entitled to an administrative immigration hearing before an EOIR judge.

    Like all court systems, EOIR is backed up for months and in some cases over a year.

    If an illegal, out of status, or permanent resident alien is convicted of certain criminal offenses they then fall into a mandatory detention class, which means they are held until they see a judge and are ordered removed or are administratively removed.

    Not judging here... just explaining what happens... Illegal alien who should not be here in first place... is busted by local drug task force for selling meth. The county jail is overcrowded and the local court docket is jammed. Therefore, the deputy prosecutor makes a judgment call and drops charges once he finds out that ICE has a hold on the alien. Now ICE takes the alien into custody but the alien is NOT CONVICTED of dealing meth. Therefore, his custody status is that of an illegal with no criminal history.

    This means that since there is not enough jail space to hold non-criminal aliens pending their immigration hearing, ICE will release the alien on his/her own recognizance pending the immigration hearing which is 6-16 months out. No surprise the no show rate is in the ninety percentile.

    So what has happened? The alien who should not be here in the first place is caught dealing meth, he is not held for being a flight risk (obviously has the ability to illegally cross international borders without capture...), he is not convicted and does not serve any prison time.

    He skips his immigration hearing and goes into NCIC as a fugitive with an outstanding administrative, warrant of deportation/removal.

    Where is the justice? Even if the federal government had the ability to hold in custody every alien released from a local jail with pending CRIMINAL charges, pending their deportation, do we really want that?

    Child molesters, rapists, violent criminals have bonded out from jails with pending state charges and are deported! Some courts issue a warrant, some just close the case. The alien never served a jail/prison sentence.

    Now fast forward, the alien who molested a kid, or dealt meth and bonded out of the local court at some point is deported back to whatever country. Our border is still not sealed, the alien returns to the U.S. and is caught by some DHS Officer/Agent, guess what we have, well we have an illegal who was previously deported and has no criminal history. He will not be prosecuted for illegal re-entry into the U.S. He will be deported again.

    First he will molest more kids, deal more meth etc.. before being caught by ICE.

    Again it sucks our borders are not completely sealed. It sucks that congress will not make it a mandatory 5 year felony for illegally being present in the U.S.

    However, it also sucks that the local judicial systems will not hold illegals in jail through the entire judicial process. An alien should be required to serve the same criminal sentence that a U.S. citizen would be required to serve and only then be deported!

    Deportation is not punitive in nature, it is 100% administrative, my goodness they are being sent to their HOME!

    Now the good news, when an illegal gets CONVICTED for an offense like dealing weed and is subsequently deported, should that alien come back into the U.S. and get caught, DOJ will typically prosecute this alien for 8 USC 1326 and fall under section (b)(2) of the statue for penalties. This drug dealer will serve 85% of say an 8-year sentence and then be deported again.

    The dirt bag is out of circulation for 7 + years, then he gets deported again, when he comes back again, he will do an honest 15+ years for another 8USC1326 conviction.

    Point is, the federal prosecution hinges on the dirt bag criminal actually going through the entire judicial process at the local level first, otherwise he is just a plain old illegal alien for custody classification purposes. There are no federal sentence enhancements, etc.

    Have aliens been convicted and then still hit the street after being released by ICE? Yes, a recent incident being when the convicted drunk driver ran over a nun while driving drunk.

    Unfortunately, again, ICE is enforcing federal laws enacted by congress over the past 100 years. INS considered drunken driving be an aggravated felony for immigration purposes. The alien convicted of multi-drunk driving offenses who received a felony was detained until deportation and then deported for life meaning even if there is another amnesty program, etc. The alien will not be eligible for that benefit.

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    Drunk Driving Alien Kills Nun


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    In this case, the Bolivian alien case in which he ran over a nun, was not convicted of misdemeanor drunken driving charges. We assume that he obtained legal counsel to try to prevent his removal back to Bolivia, some people say Bolivia is a bad place to live, so he drags out his due process rights and kept delaying his removal by filing more paperwork with the EOIR. In the meantime, while on the streets, he runs over a nun.
    However, INS at the time was sued in multiple federal districts and ultimately various federal courts held that a state drunk driving/ habitual offender felony conviction IS NOT an aggravated felony for immigration purposes and therefore the alien is not mandatory detention throughout the administrative removal process.

    And the Supreme Court upheld the lower court rulings...
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    ACLU hails Supreme Court for ruling drunken driving does not mean automatic deportation/detention


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    The convicted drunk driver is the same detention classification as a plain old illegal alien who has not been convicted of anything! Is it absurd?

    Absolutely, but if the local deportation office only has beds for 1000 aliens at any given time, then only mandatory detention aliens will fill those beds! All others are released pending their hearings.

    But again, states don’t really think of drunken driving as being that big of a deal or the states would pass laws making drunken driving, first offense a felony!


    Regardless, even if ICE held him, thanks to a Supreme Court ruling, aliens can only be held in custody for six months pending their deportation. Example, a citizen of Nigeria is ordered removed and is being held in custody pending his removal back to his home country. For example, the Nigerian government for whatever reason fails to issue a travel document within the six-month period, well the alien is released on an order of supervision until Nigeria issues travel documents.

    Why did this come about, well remember the Mariel Cubans? That Supreme Court ruling is why the federal government cannot indefinitely hold aliens…

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    ACLU IMMIGRATION LAWSUIT


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    So back to this memo issued by the white house, one part of this school of thought is to focus on convicted criminals first. Again, not saying yea or nay, just a different viewpoint.

    The whole system needs to be streamlined. Our judicial system to include local, state, and federal could be much more effective if punishment was swift and severe.

    The feds try to enforce immigration laws and are constantly being sued! Just another reason we need a President appointing conservative federal judges across the country as well as the Supreme Court.

    The current immigration laws on the books were not brought about by the current congress or administration.

    However, the very first thing... SEAL THE BORDER!!! Deportation for the alien then becomes an issue, as of now, the feds are merely inconveniencing some...

    Also, it is criminal and wrong to threaten the life of the President. The use of racial slurs by a few paint a picture of all gun owners as being bigots. I suggest you delete your posts.
     
  13. johnboy

    johnboy Member

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    Thank you very much noknock1 for your response to some very ugly posts.
     
  14. slic lee

    slic lee Active Member

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    EXCEPT when your in the left, such as Kerry, his group, hollywood, we must assassinate Bush and so on. How many times did they all say that, on the air,in print, all over the world and the "secret service" did what, how many investigations, I dont remember reading or hearing about any when bush was pres all of a sudden because the kenyan is a dumbocrat hes protected.Bah humbug.lee
     
  15. WS-1

    WS-1 Banned User Banned

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    The colossal failures of Barack Hussein Ubama and the entire Ubama administration represent an existential threat to millions of Americans. There are people who will not eat tonight because of that scurrilous poltroon. If an aging parent dies tonight because of his wonderful new socialized medicine mandate, I could actually see a grieving loved one become angry enough to take matters into his or her own hands. Crazier things have happened.

    Making fun of Ubama is a pleasurable pastime. He is a gangly, big eared, bean pole mulatto who throws a baseball like a girl. Nobody is even willing to come out and say they used to know him. If he has any friends at all, they are communists. Jeez, don't you get it?

    Oh, and while I'm thinking about it, I am of the opinion that there are a few lads around here who have their heads rammed so far up the 2nd Amendment's rectum that they are blind to the rest of the U.S. Constitution. Nowhere in the 1st Amendment does it say that I, as an American Citizen, am not allowed to engage in jovial banter about the untimely, but improbable demise of an un-named character. Further, the ice that was mentioned in an earlier post on this very thread is on MY lake and I don't remember asking anybody to post "thin ice" signs. Point is, MY LAKE, MY ICE. Mind your own business.

    B.H. Ubama is a lying halfbreed and he is not fit to be the president of the Dog Catcher's Union, much less the president of the U.S.A.

    Respectfully,

    Kit Thomas
     
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