Guest Post by LEO Watcher
I wonder if anyone else who read the article in the Washington Post titled “Immigrant database failed to catch suspect before rape” Thursday, January 27, 2011, page A1/A11 thought that it was one of the sloppiest pieces of journalism that they have ever read. I cannot believe it appeared on the front page it – it belonged in the comics section. I wonder who actually wrote the article: Tom Jackman or the anti-ICE, pro-illegal coalition? I can’t believe Sheriff Simpson allowed himself and the Loudoun County Sheriff’s Office to be used by these groups. I guess since he’s been run out of the Republican Party and has become an independent, he runs around with a different crowd.
I would like to point out how factually inaccurate and uninformed are the cited sources are.
The information I will point out is factual and can be verified through open documents. If someone wanted to FOIA documents they would uncover more facts.
First, let me talk about the uninformed and misleading comments made by Sheriff Simpson. Sheriff Simpson said he was frustrated by Hales response (a spokesman for ICE) that Loudoun should have done a manual check. Simpson says “No one ever heard of calling a manual check.” “The point of the program was it replaced the need to do what they now say we should have done”. The facts are: apparently Simpson never read the Immigration and Customs Enforcement (ICE) Secure Communities (SC) Standard Operating Procedures (SOP). It was distributed for adoption by participating county and local law enforcement agencies. The agency was given a copy! If he had read the manual he would have known about the required manual check.
3.1.4 IAFIS and IDENT search results are processed:
If there is a positive fingerprint match in IDENT, FBI CJIS generates an IAQ that is sent to the LESC. In states where the SIB has implemented message routing to local LEAs, a “no match” in IDENT will result in FBI CJIS sending of a “No Match” IDR message to the originating local LEA through its SIB. No IAQ will be generated or sent to the LESC in the case of an IDENT “no match” response. Please refer to Section 2.2.7 to initiate an IAQ if a “no match” IDR response is received.
Sheriff Simpson said that they got the “no match.” If he would have read the manual, it instructs him as to what needs to be done.
2.2.7 If authorized, discontinue automated IAQ transmissions:
However, if a “no match” IDR is received, the LEA has the option of initiating a name-based query to the LESC through the National Law Enforcement Telecommunications System (NLETS)
If Simpson read this section he would have known about the “no match” manual check. As the section points out it is the LEA option to do it. If Simpson has his agency not performing it than he should just say it is his choice not to do it. The SOP’S clearly tell the LEA what to do.
Simpson’s second ridiculous statement “If deputies investigate after a “no match” that’s when we start getting ourselves in trouble by raising the issues of racial profiling.” Apparently he needs to read the manual before he speaks. See above section 3.1.4 if there is a “positive hit” in IDENT, it automatically generates an IAQ so when everyone is fingerprinted by the Loudoun Sheriffs Office, the procedure is done automatically. The manual IAQ is only done when it returns a “no match” finding, meaning there are no prints on file to compare. So where is the racial profiling? It sounds like when you don’t have the facts on your side, you resort to the hideous and scurrilous implication of racism. I know the men and women of the Loudoun County Sheriffs Office and they are professionals are you are demeaning there service. Shame on you Simpson!!!!!!!
Now for the most uneducated, uninformed, and disingenuous statement Sheriff Simpson makes in the article. “We did everything we were supposed to do”. I guess Simpson is confused about his reasonability’s as Sheriff of Loudoun County. He is saying that he complied with the Secure Communities program. The operative word there is “program” and it has no statutory authority. Sheriffs’ in Virginia derive their powers and authority from the Virginia constitution and Code of Virginia. Apparently Simpson neglected to follow and insure his office is in compliance with 19.2-83.2 of the code of Virginia.
19.2-83.2. Jail officer to ascertain citizenship of inmate.
Whenever any person is taken into custody at any jail, the sheriff or other officer in charge of such facility shall inquire as to whether the person (i) was born in a country other than the United States, and (ii) is a citizen of a country other than the United States. The sheriff or other officer in charge of such facility shall make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement for any person who (i) was born in a country other than the United States, and (ii) is a citizen of a country other than the United States, or for whom the answer to (i) or (ii) is unknown. The sheriff or other officer in charge shall communicate the results of any immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any immigration alien query that results in a confirmation that the person is illegally present in the United States to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Central Criminal Records Exchange concerning the person’s immigration status shall be recorded in the person’s criminal history record.
The code states “immigration alien query”. These are the same words used in sections 3.1.4 and 2.2.7 of the Immigration and Customs Enforcement (ICE) Secure Communities (SC) Standard Operating Procedures (SOP) Distributed for adoption by participating county and local law enforcement agencies. Simpson said “Nobody’s ever heard of calling for a manual check.” Apparently he forgot about the Code of Virginia which requires him to do just what he said he never heard of. Maybe he should read the Code of Virginia.
The Secure Communities program only complies with the Code of Virginia 19.2-83.2 when the Fingerprints are run through and the returned reply comes back other than a “no match” finding. When a “no match” response is returned, it is incumbent upon the Sheriffs Office to do a manual “immigration alien query” to be in compliance with the Code of Virginia. Sheriff Simpson admits his failure to comply.
In order to accommodate this change, you will be recording the information in a secured web-based system, similar to the website used to record DNA Sampling Information. The website will be available for testing purposes only during the month of June. You will need to access the LIDS-ICE website twice for each individual, once to record an Immigration Alien Query (IAQ) has been made and then again when the response is received from the Law Enforcement Support Center. Documentation and process steps will be available on June 1, 2008. Please ensure your management is aware of this new reporting requirement.
I guess Sheriff Simpson doesn’t read the State Compensation Board newsletters either.
The most ironic part of Sheriff Simpson’s remarks is his agency once fully complied with state code when they were doing the manual IAQ requests through the LIDS-ICE prior to entry into the Secure Communities Program. It is clear that his agency made a mistake on this case but it is not the fault of the classification deputies who physically handle the suspect. It is Sheriffs Simpsons fault for not exercising proper leadership and fully understanding the program he entered into. Maybe he should spend more time in his office doing the job he was elected to do and less time working on his retirement job selling sport drinks.
There were several other people cited in the article, none of which is the elected Sheriff and is responsible for the Loudoun County Sheriffs Office compliance with the law. There is no purpose to address the uninformed remarks unless they wish to seek the position of Sheriff of Loudoun County. They all seem to have their own agenda and it is not the safety of the citizens of Loudoun County.
I don’t know how ICE can make it any easier for Sheriff Simpson to understand the program. Maybe a cartoon style booklet would help him so he does not have to read, he just looks at the pictures. I attached the links to web sites that contain the facts, maybe Sheriff Simpsons can have someone in his office, click on them and read it to him.
The most disgusting thing about the article is Sheriff Simpsons only concern for his image and the lack of concern of how a system in his office allowed an 8 year girl to be victimized. Sheriff Simpson failed to fulfill the duty he is charged with in article III of the Virginia Constitution “That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety,…”
Sheriff Simpson your lack of leadership and understanding of your duties let down an 8 year old citizen of this great Commonwealth.
The opinions expressed here are solely the views of the author, and not representative of the position of any organization, political party, doughnut shop, knitting guild, or waste recycling facility, but may be correctly attributed to the Vast Right-Wing Conspiracy. If anything in the above article has offended you, please click here to receive an immediate apology.
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