Help Save Maryland – While Citizens Enjoyed Holidays Obama Gutted More Laws Against Illegals – Call to Arms?
NEED FOR MORE PROTECTION?
It’s one thing to push for In-State Tuition for illegal aliens or to change procedures for illegal alien family members to “keep families together. I’m opposed to both for these alien lawbreakers primarily on the grounds of fairness for all citizens and legal immigrants and of course the tremendous financial, economic and social costs to the citizens of Maryland.
But the White House is now taking the amnesty push to new levels. The two blurbs below are from the Federation for American Immigration Reform (www.fairus.org).
Seems that during the Xmas break the Administration took strong action to limit the ability of ICE agents and local law enforcement to detain and remove major categories of illegal aliens from our communities. Clearly our priorities to arrest and deport all illegal aliens from our streets in the name of public safety and the rule of law is getting in the way of a massive amnesty for the predominately Hispanic illegal alien community.
This is a frightening move and will no doubt put more and more Maryland citizens in harm’s way! Gaithersburg, a haven for illegals and not far from the Casa of Maryland’s Shady Grove Day Laborer Illegal Alien Worker site, has already experienced a massive increase in robberies and assaults. Germantown, Langley Park and other illegal alien havens are not far behind.
So while Governor O’Malley, his buddies in Annapolis and the Montgomery County Police are busy playing peek-a-boo with Speed Cameras and Montgomery County Administrators are cracking down hard on 6-year olds in our schools system for pointing their fingers at fellow students in play and saying “pow-pow”, illegal alien criminals are walking our streets, attending our public schools and using our social services with impunity from the law.
I for one am rethinking my need for additional protection for my family and home. Our Maryland Political leaders, through their creation of a safe haven for illegal aliens across this once great state, are seemingly forcing me to consider actions I never thought necessary. Is handgun ownership and a concealed carry permit becoming as necessary as a drivers’ license in today’s lawless Maryland?
Obama Administration Restricts ICE Agents’ Ability to Take Custody of Illegal Aliens
In the latest move by the Obama Administration to thwart immigration enforcement, U.S. Immigration and Customs Enforcement (ICE) Director John Morton issued a new policy memo limiting the circumstances under which ICE agents can issue detainers and take custody of illegal aliens in the hands of local law enforcement officials. (See ICEPolicy Memo, Dec. 21, 2012; see also ICE Press Release, Dec. 21, 2012)
Under federal regulation, detainers allow ICE agents to request that jail officials maintain custody of an alien for up to 48-hours to allow ICE to pick up the alien for arrest and removal. (See 8 C.F.R. 287.7; see also INA § 287)
Issued just days before Christmas, the new detainer policy limits the instances in which ICE can lodge detainers against aliens to only those meeting the Administration’s narrow enforcement priorities. As a result, ICE agents can no longer take an alien into custody if the alien’s only violation of the law is being in the country unlawfully—they must now have committed an offense independent of their illegal status.
Specifically, the policy instructs that ICE agents should issue a detainer against an alien only where they have reason to believe the alien is subject to removal and if one or more of the following conditions apply:
- the alien has previously been convicted of or charged with a felony;
- the alien has three or more prior misdemeanor convictions;
- the alien has a prior misdemeanor conviction or has been charged with a misdemeanor offense that involves—
- violence, threats, or assault;
- sexual abuse or exploitation;
- driving under the influence of alcohol or a controlled substance;
- unlawful flight from the scene of an accident;
- unlawful possession or use of a firearm or other deadly weapon;
- the distribution or trafficking of a controlled substance, or
- other significant threat to public safety;
- the alien has been convicted of unlawful entry or has illegally reentered the U.S. after a previous removal or return;
- the alien has an outstanding order of removal;
- the alien has been found by an immigration officer or an immigration judge to have knowingly committed fraud;
- the alien otherwise poses a significant risk to national security, border security, or public safety.
(See ICEPolicy Memo, Dec. 21, 2012; see also Detainer Form I-247, Dec. 2012)
Although the list appears expansive, the Administration makes a point to protect aliens with multiple misdemeanor convictions. In a footnote, Director Morton clarifies that, “three or more convictions for minor traffic misdemeanors or other relatively minor misdemeanors alone should not trigger a detainer unless the convictions reflect a clear and continuing danger to others or disregard for the law.” (Id.) (emphasis added)
The previous detainer guidance replaced by the new policy was less restrictive and granted ICE agents more flexibility in determining when to issue detainers. Under that guidance, agents could issue a detainer so long as: 1) they had reason to believe the alien was subject to removal; and 2) issuing the detainer otherwise appeared to advance the priorities of the agency. (See ICE Detainer Policy 10074.1 § 4.2, Aug. 2, 2010)
The new detainer policy further illustrates the Obama Administration’s refusal to enforce immigration law as written by Congress, opting only to enforce the law against aliens deemed a “priority.” “Smart and effective immigration enforcement relies on setting priorities for removal and executing on those priorities,” said Director Morton. “In order to further enhance our ability to focus enforcement efforts on serious offenders, we are changing who ICE will issue detainers against.” (See ICE Press Release, Dec. 21, 2012)
The Administration pulled a similar move between Christmas and New Year’s last year, changing its detention policy to allow detainers to become effective only upon an alien’s conviction. (See ICE Press Release, Dec. 29, 2011; see also FAIR Legislative Update, Jan. 3, 2012)
Obama Administration Cuts 287(g) in Half
The Obama Administration effectively dismantled the 287(g) immigration enforcement program when it declared just before the holidays that it would not be renewing any task force model agreements with local law enforcement agencies in 2013. (ABC News, Dec. 27, 2012; CNS News, Dec. 26, 2012)
The 287(g) program allows U.S. Immigration and Customs Enforcement (ICE) to enter into agreements with local law enforcement agencies to “deputize” or cross-designate law enforcement officers to act as immigration agents within their jurisdictions. There are two primary types of 287(g) agreements, task force and jail. The task force model— the type of agreement the Administration now refuses to renew—allows officers participating in criminal task forces (such as drug or gang) to proactively respond to, identify, and remove illegal aliens anywhere within their jurisdiction.
Attempting to hide the significance of its actions, the Administration slipped its announcement that it will eliminate the agreements into a small paragraph of an ICE press release announcing year-end removal numbers. (See ICE Press Release, Dec. 21, 2012) The release stated: “In addition, ICE has also decided not to renew any of its agreements with state and local law enforcement agencies that operate task forces under the 287(g) program.” (Id.)
The Administration justified its decision to end the task force agreements by claiming other programs achieve the same purpose as 287(g) but cost less money. “ICE has concluded that other enforcement programs, including Secure Communities, are a more efficient use of resources for focusing on priority cases.” (Id.)
However, the Administration’s decision to use Secure Communities in lieu of renewing the 287(g) task force agreements ignores the fact that the two programs are fundamentally different. The 287(g) program trains local officers to determine whether an individual is lawfully present, including those with no prior contact with immigration services. Secure Communities, while critical, can only call attention to aliens after they have been booked into jail and if their fingerprints are already in immigration databases.
For Secure Communities to identify an illegal alien, that alien must have already come into contact with law enforcement. Moreover, the contact must have resulted in the taking of fingerprints, the fingerprints must have been taken digitally (a process which became only commonplace in the last several years), and then the fingerprints must have been placed into the appropriate federal immigration database. In contrast, the 287(g) program trains officers to obtain all data relevant to determining an individual’s immigration status, often through personal interviews. This training, which occurs at the Federal Law Enforcement Training Center, allows 287(g) officers to identify illegal aliens who have no preexisting criminal record. As a result, 287(g) officers can identify illegal aliens that Secure Communities simply cannot, making the programs complementary rather than a replacement for one another.
Despite the effectiveness and popularity of the 287(g) program, the Obama Administration has from the beginning been working to dismantle it. Just months after taking office, President Obama restricted the 287(g) program to ensure participating law enforcement agencies enforced immigration laws only against “dangerous criminal aliens.” (See DHS Press Release, July 10, 2009) More recently, the Administration has refused to enter into new task force agreements with local departments, suspended those it deems “least productive,” and proposed cutting funding for the program by 25 percent. (See DHS FY2013 Budget in Brief at p.25)
Currently, 25 law enforcement agencies around the country employ the task force model. (See ICE Fact Sheet, Oct. 16, 2012) Of the remaining jail agreements, 33 are also set to expire Dec. 31. According to ICE officials, the agency has notified these law enforcement agencies that their contracts will continue until June 30, while ICE continues to review agreements to see which ones, if any, to continue. (89.3KPCCSouthern California, Dec. 27, 2012)
REMINDER – LAST WEEK TO SIGN UP
ANNUAL STATE-WIDE MEETING ON A NUMBER OF KEY ISSUES IMPACTING MARYLAND AND THE NATION.
HELP SAVE MARYLAND’S PAUL MENDEZ WILL BE A SPEAKER & WILL HOST A TABLE AT THE EVENT.
GREAT OPPORTUNITY TO MEET AND HAVE HAVE INPUT WITH KEY LEADERS AND FELLOW CITIZENS.
250+ EXPECTED TO ATTEND SO REGISTER NOW!!
PAMELA GELLER OF THE AMERICAN FREEDOM DEFENSE INITIATIVE. PAMELA, A WELL KNOWN BLOGGER WHO WILL SPEAK ON THE ISSUE OF FREEDOM OF SPEECH IN AMERICA, HAS SUCCESSFULLY SPEARHEADED CITIZEN ACTIONS AGAINST THE VICTORY MOSQUE IN MANHATTAN AND CENSORSHIP REGARDING PUBLIC TRANSPORTATION ADVERTISING AGAINST JIHAD.
TOM FITTON OF JUDICIAL WATCH. TOM PLAYS AN IMPORTANT ROLE IN DEFENDING THE RIGHTS OF CITIZENS FROM BIG BROTHER GOVERNMENT.
STATE DELEGATE NEIL PARROTT AND MANY OTHERS!
Turning the Tides 2013
Saturday, January 12, 2013, 9AM – 6PM, LUNCH INCLUDED
DoubleTree Hotel, Annapolis 210 HOLIDAY COURT, ANNAPOLIS, MD 21401
Registration is $75; walk-in registration on January 12 will be $100.
A student rate of $25 is available for anyone with a current high school or college ID!
For registration and more information see: HTTP://MDCONSERVATIVES.COM/
WE NEED YOUR INPUT!! KEEP THOSE IDEAS COMING!!
HELP SAVE MARYLAND’S BOARD OF DIRECTORS AND A NUMBER OF SELECT ACTIVISTS WILL BE HOLDING AN OFFSITE MEETING IN LATE JANUARY 2013 TO DISCUSS TOPICS AND STRATEGY FOR THE COMING YEAR.
WE NEED YOUR INPUT ON IMMIGRATION RELATED ISSUES THAT ARE AFFECTING YOU AND OTHER MARYLAND CITIZENS.
PLEASE SEND YOUR THOUGHTS AND IDEAS TO BB67CHEV@AOL.COM 240-447-1884
BRAD BOTWIN, DIRECTOR, HELP SAVE MARYLAND
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