Driving liberals, dhimmis and illegal alien apologists absolutely insane since 2005...

Some Double Standard, Huh?

By Greg L | 20 October 2010 | Illegal Aliens, Crime, Prince William County | 9 Comments

So maybe, someday, we’re going to find out something about the criminal illegal aliens the federal government has set free in our community, but Washington won’t actually share with law enforcement who these criminal illegal aliens are.

So the federal agency whose main mission is to enforce federal immigration law is not only releasing convicted criminals who entered the U.S. illegally and victimized American citizens back into local communities, it’s now in the business of protecting the “privacy rights” of these felons and refusing to share “personally identifiable information” with duly elected local officials and law enforcement.

Funny, if you’re an American citizen and you commit a crime, your “personally identifying information” gets released to the press within hours.  If you’re an illegal alien convicted of a crime and referred to ICE for deportation, well, not so much.  Ah, the benefits of American citizenship!

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  1. BristowBristling said on 21 Oct 2010 at 5:49 am:
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    I’m unclear how that works. If there can be a Sexual Offender website open to the public, why can there not be an Illegal Alien Offender website?

  2. Citizen12 said on 21 Oct 2010 at 10:39 am:
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    Far too many of our elected representatives have failed to honor their commitment.

    And there are those who never intended to.

    Do you solemnly swear that you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of the office on which you are about to enter: So help you God?

    BristowBristling, Here is how it works.

    The powers that be in the federal government have done what they want regardless of the legality of it, for quite some time. The obligation to the American citizenry is far down the list that puts these people and their respective governments and the deals our government has made with them first.

    Add to that the criminal actions of the elected representatives of the sanctuary cities who, for many reasons, keep these illegal criminals out of the federal system. In addition, they, just like the feds, turn these criminals lose back into the communities to continue to prey on the very citizens they have sworn to protect.



  3. VA_Magoo said on 21 Oct 2010 at 12:25 pm:
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    Virginia should take the lead in enforcement of existing law, both local and Federal. Let us join Arizona in the fight against illegal aliens from all countries. The STATES have the RIGHT and AUTHORITY to enforce Federal law.

    Blogs DillyD55’s
    States Right to Enforce Immigration Laws
    States Right to Enforce Immigration Laws

    * Posted 07/11/10
    * Read all 2 opinions

    I think that States do have a right to enforce immigration laws. They have been given the rights in prior legislature and Court Cases. Federal Government is going to have a very hard battle in their case against Arizona.

    These are just a few excerpts from a document I found from 2003 talking about State rights concerning Immigration.

    A shift in policy towards increasing the role and authority of local law
    enforcement officers in the field of immigration enforcement came following the
    terrorist attacks in September 2001. In December 2001 the INS reportedly began sending the names of thousands of noncitizens to the NCIC databases as part of the Absconder Apprehension Initiative. At a 2002 press conference, Attorney General Ashcroft confirmed the existence of a new Department of Justice, Office of Legal Council opinion that, among other things, expressed the Department’s view that state and local officials have “inherent authority” to enforce federal immigration law, including the civil enforcement provisions. According to the Attorney General: When federal, state and local law enforcement officers encounter an alien of national security concern who has been listed on the NCIC for violating immigration law, federal law permits them to arrest that person and transfer him to the custody of the INS. The Justice Department’s Office of Legal Counsel has concluded that this narrow, limited mission that we are asking state and local police to undertake voluntarily — arresting aliens who have violated criminal provisions of the Immigration and Nationality Act or civil provisions that render an alien deportable, and who are listed on the NCIC — is within the inherent authority of states.

    In the Tenth Circuit case of United States v. Salinas-Calderon, a state trooper pulled over the defendant for driving erratically but soon found six individuals in the back of the defendant’s truck. Because the defendant, who was eventually charged with the crime of illegally transporting aliens did not speak English, the state trooper questioned the passenger (the defendant’s wife) and learned that the driver and the other six individuals were in the country illegally. From this line of questioning, the court determined that the trooper had probable cause to detain and arrest all the individuals.
    In addition to the probable cause conclusion, the Tenth Circuit determined that
    a “state trooper has general investigatory authority to inquire into possible immigration violations.”

    This from a later dated document (Mar 2009) on Enforcing Immigration Law the role of State and Local Law Enforcement

    8 U.S.C. §1252c
    Section 1252c originated in the House of Representatives as a floor amendment to the
    Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA §439).Section 1252c
    authorizes the arrest of aliens by state and local officers who have presumably violated §276 of
    the INA (Reentry of Removed Alien). Section 1252c(a) states in part:
    [T]o the extent permitted by relevant State and local law, State and local law enforcement
    officials are authorized to arrest and detain an individual who—
    (1) is an alien illegally present in the United States; and
    (2) has previously been convicted of a felony in the United States and deported or left the
    United States after such conviction, but only after the State or local law enforcement
    officials obtain appropriate confirmation from the Immigration and Naturalization
    Service of the status of such individual and only for such period of time as may be
    required for the Service to take the individual into Federal custody for purposes of
    deporting or removing the alien from the United States.
    The purpose of §1252c was to overcome a perceived federal limitation on the ability of state and local officers to arrest an alien known by them to be dangerous because of past crimes committed in their jurisdiction. The court in United States v. Vasquez-Alvarez, however, found that neither the defendant, the government, or the court could identify any pre-§1252c limitations on the powers of state and local officers to enforce federal law.Section 1252c(b) also mandates cooperation between the AG and the states to assure that information in the control of the AG, including information in the NCIC, that would assist state and local law enforcement officials in carrying out the duties of §1252c is made available to the states.

    8 U.S.C. 1324(c)
    Congress appears to have delegated arrest authority to local law enforcement officers in 8 U.S.C. §1324 (INA §274), which establishes a number of criminal penalties for the smuggling,
    transporting, concealing, and harboring of illegal aliens. Subsection (c) of §1324, entitled
    “Authority to Arrest” states that: [n]o officer or person shall have authority to make any arrest for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws. (emphasis added)
    The plain language in this subsection seems to indicate that local law enforcement officers—that is, officers authorized to enforce criminal laws—are empowered to make arrests for the smuggling, transporting, and harboring offenses described in §1324. The legislative history of §1324 confirms this understanding. The Senate-passed version of this provision stated that arrests for violations only could be made by INS agents and “other officers of the United States whose duty it is to enforce criminal laws.” The House, however, struck the words “of the United States,” so that local officials could enforce this specific provision. The elimination of the limiting phrase “of the United States,” appears to make Congress’s intent clear that all criminal law enforcement officers, federal or otherwise, are authorized to enforce §1324.68.


  4. VA_Magoo said on 21 Oct 2010 at 12:42 pm:
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    Another great source of States rights to enforce immigration law.


  5. BristowBristling said on 21 Oct 2010 at 3:38 pm:
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    Ahhhh yes, Citizen12. You are right. Those of us who are legal citizens of this country are way down on the list. You know, I’ve always been one of those who
    have been in the “silent majority.” Working hard every day to make ends meet and provide for my family while paying taxes and obeying the law. Too bad that those we elect cannot do the same. Yes, the “silent majority” will no longer sit by
    silently. The government can count on that. Its time to take a stand and I am
    one who has been making my voice heard through our representatives and will do
    so again election day.

    Thank you all (and you Greg in particular) for giving us a local voice.

  6. anklenipper said on 21 Oct 2010 at 6:34 pm:
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    Seems like with all the illegal alien crimes committed there are a whole lot of victims and those that have suffered losses at their hands.

    I find it funny that as a citizen if I ignored my legal and moral responsibilities and left my weapon loaded laying on the sidewalk and some kid shot himself I would rightfully be criminally charged and anything I owned or even thought about owning would belong to the victims family.

    Maybe it’s a bad analogy but how is it the federal government seems to get a free pass with the liability as a result of their neglect in protecting our borders?

    I guess it would be taxpayer money anyway but it would make a great class action lawsuit TV advertisement. Not to mention a tad bit of pressure on elected officials.

  7. Doug Brown said on 22 Oct 2010 at 9:15 am:
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    You are mixing criminal vs. civil liability, though a criminal conviction would undoubtedly raise the ante for a class action lawsuit. You know a lot of senior level gov’t officials now have to carry insurance.

    You analogy is better than you think. What has happened is that we as citizens have left out our gov’t agency USCIS, which is in charge of determining who is an American citizen, ‘laying on the sidewalk’ so to be speak, for pretty much anyone: corrupt bureaucrats, corrupt congressmen and staff, corrupt lawyers, foreign intelligence services , organized crime and not so organized criminals, altruistic and self-righteous religious leaders and community non-profits, political parties, greedy businessmen and unions , (have I left out anyone?) to use and exploit as they wish. The effect? We have lost our citizenship and our country.

  8. Doug Brown said on 22 Oct 2010 at 11:38 am:
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    I did leave out that great, vast national sewer system some people refer to as the American educational system.

  9. Anonymous said on 23 Oct 2010 at 9:09 pm:
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    For a Waynesboro illegal immigrant suspected of murdering another man, the difference between accidental freedom and deportation depended on the journey of a single fax.

    David Luna Sanchez, 21, of Waynesboro, apparently got lucky.

    Immigration and Customs Enforcement officials planned to deport Sanchez in January 2009 following the beating of Eduardo “Piku” Herrera, of Waynesboro. Sanchez and two others pleaded guilty in the attack. The others were deported. Sanchez was released.

    A year later, police charged Sanchez with stabbing Herrera to death in a Waynesboro alley.

    ICE officials said they faxed what’s known as a detainer request for Sanchez to authorities at Middle River Regional Jail in Verona. The documents identify inmates targeted for deportation. Jail officials later alert ICE of pending release dates.

    Officials at the lockup said they never received the fax for Sanchez. ICE officials insist they sent it.

    ICE officials said that once agents fax detainer requests for incarcerated illegal immigrants, they wash their hands of the matter until jail officers call. So ICE officials did not follow up to ensure that the fax for Sanchez had, in fact, arrived.

    “We don’t routinely make checks on those detainers,” an ICE official told The News Virginian, citing agency procedures used across the country.

    Sanchez’ release and subsequent murder arrest ignited finger-pointing between jail and ICE officials in September after The News Virginian probed the issue.

    According to ICE spokeswoman Cori Bassett, agency records showed ICE faxed three detainer requests — including the one for Sanchez — from a Harrisonburg field office to Middle River.

    ICE officials bring their own forms when they arrive at jails to pick up illegal immigrants, Middle River Deputy Superintendent Vernon Reynolds said. Nobody showed up for Sanchez, he said.

    Reynolds said the jail finally received a detainer fax for Sanchez on Aug. 20, dated a year too late. The document arrived a few days after The News Virginian made initial inquiries into the matter.

    The Aug. 20 detainer request was unsigned, rendering it invalid, Reynolds said. The printed case date on that document was Jan. 7, 2009, almost a year-and-a-half before it was delivered to the jail, Reynolds said.

    That request included the typed name of ICE Agent Marlan Holland. His signature appeared on the detainer requests for Sanchez’ two accomplices.

    At about the same time the Sanchez case was sparking a local furor, a national uproar stretching all the way to the White House was building over another case in which a nun was killed in a crash involving an illegal immigrant who was a repeat driving offender targeted for deportation.

    Carlos Martinelly-Montano, 23, had two drunken-driving convictions when he smashed his car into one carrying nuns in Prince William County. ICE planned to send the Bolivian out of the country, but he went almost two years without a deportation hearing.

    Department of Homeland Security Secretary Janet Napolitano ordered an investigation, but when news agencies requested the results of the probe, the Obama administration earlier this month refused to release them.

    Sanchez awaits a Nov. 30 preliminary hearing in Waynesboro General District Court.

    More hope and change !!

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