The Immigration Debate: Arizona’s Immigration Law – It is past time to call out the AP on their Inaccurate Reporting –

The Immigration Debate: Arizona’s Immigration Law – It is past time to call out the AP on their Inaccurate Reporting; 

AP Claim #1: Arizona helped deport thousands without new law –

AP Claim #2: 10.8 Million or 26% of California Population Illegal

McAuleys World Comments In Blue

It is well pass time that the Associated Press be held accountable for its shoddy reporting and worse, its outright mischaracterizations of the Arizona Law.

By SUZANNE GAMBOA, Associated Press Writer Suzanne Gamboa, Associated Press Writer – Wed Jul 28, 3:12 am ET

WASHINGTON – Without the benefit of their state’s strict new immigration law, officers from a single Arizona county helped deport more than 26,000 immigrants from the U.S. through a federal-local partnership program that has been roundly criticized as fraught with problems.

I wonder what makes this law “strict”?  That it calls on State Law Enforcement to actually enforce the Federal Immigration Laws. The article doesn’t mention that at least 38 States, including the State of California, you know California, the State that has called for “boycotts” of Arizona, have the same laws or substantially the same laws on their “books”.

Statistics obtained by The Associated Press show that the Maricopa County Sheriff’s Office was responsible for deportations or forced departure of 26,146 immigrants since 2007.

This claim is not a “mischaracterization, it is a lie. Simply put, this AP claim is an outright lie. Neither the State of Arizona nor the Maricopa County Sheriff’s Office deported a single individual in 2007. Not one single individual. Zero, nada.

The Maricopa County Sheriff’s Department assisted the Federal Government in deporting 26,146 individuals in 2007. Neither the Maricopa County’s Sheriff’s Department nor the State of Arizona are authorized to deport anyone.

Deportation powers are reserved for the Federal Government, apprehension powers are not. The States and the Federal Government have concurrent jurisdiction for “apprehending” immigration violators. Concurrent jurisdiction for apprehension.  However, only the Federal Government can deport an individual.

Before an individual can be “deported” a “deportation order” must be signed. (The “term” deportation is no longer factual as the Government substituted “removal” and “removal order” for  the terms “deportation” and “deportation order” in 1997, 13 years ago …

The AP article is far from a professional piece of writing.

From U.S. Immigration Support:   

Prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA – 1996), the legal process of deporting a foreign national was called “deportation” and concerned individuals already present in the United States…  Following the enactment of IIRAIRA, both deportation and exclusion are now referred to as “removal” proceedings. If someone is determined to be removable, they are subject to receiving a removal order and must leave the United States. Any person who is not a U.S. citizen can be deported from the United States.

Generally deportation is removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997 , aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

Deportation of immigrants and other individuals may result as a consequence for entering the United States illegally. You can also be deported if you are not a citizen and have committed a serious crime.

Deportations must be “ordered” by a Federal Immigration Judge and the physical Act of “removal” is undertaken by ICE or Immigration and Custom Enforcement. [ICE may delegate the “physical activities” involved in “removing” an individual to State and Local Law enforcement.]

 If you have been deported, you cannot gain re-entry into the United States for at least five years. It is a felony if you re-enter before the end of the five years. You must also receive permission from the CIS before you re-enter.

Reasons for Deportation or Exclusion

Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as:

  • Committing fraud or misrepresenting a material fact in order to get a visa, green card, etc.
  • Conviction of a drug offense (except for possession of a very small amount of marijuana).
  • Conviction of other crime.

Once an illegal alien is apprehended, a Federal Immigration Judge must approve any action taken against or on behalf of that alien;

Voluntary departure is usually granted by an immigration judge after an order of deportation for an individual who seeks to leave voluntarily in lieu of forced deportation.

That’s about a quarter of the national total of 115,841 sent out of the U.S. by officers in 64 law enforcement agencies deputized to help enforce immigration laws, some since 2006, under the so-called 287(g) program.

The Department of Homeland Security Annual Report for 2007, the year discussed in this article states the following:

1). The Department of Homeland Security apprehended 961,000 foreign Nationals in 2007.

2). ICE “detained” 311,000 illegal aliens in 2007.

3). A total of 319,000 aliens were “removed” from the United States in 2007, 244,000 of the removals were affected by ICE with the remaining removals, 75,000 being affected by the CBP (Border Patrol).

4). 891,000 foreign nationals accepted the opportunity to “voluntarily leave” the United States prior to a Federal Judge issuing a formal “removal order”.

The Department of Homeland Security Annual Report notes that:

DHS made a total of 960,756 apprehensions in 2007

The Border Patrol reported 876,787 or 91 percent of all apprehensions.

Ninety-eight percent of Border Patrol apprehensions were along the southwest border

ICE Office of Investigations made 53,562 administrative arrests

ICE’s National Fugitive Operations Program (NFOP) made 30,407 arrests of fugitive and non-fugitive aliens.

The most complete picture of adverse actions involving individual aliens includes aliens who are removed with consequent penalties (319,382) and those who voluntarily return (891,390) – to their Country of origin.  


The AP Reporter did not note that in 2008 the last year for which the DHS has reported statistics, apprehensions dropped for the 3rd straight year, to an approximate total of 750,000. A reduction of nearly 600,000 from the record 1.3 million apprehended by the DHS in 2005,

The tens of thousands of immigrant arrests show local officials already have a significant amount of authority to enforce immigration laws and help remove illegal immigrants from the country.

Yes, there is a mandated concurrent jurisdiction shared by the States and the Federal Government for apprehending those who violate the Federal Immigration Laws. The Department of Homeland Security states that 98% of the Federal arrests for immigration violations take place on the Southern Border and that between 2005 and the end of 2009 the Department of Homeland Security’s own statistics reflect that the total number of apprehensions dropped by nearly 500,000, from a high of  1,300,000 (1.3 million) in 2005 to  a low of 792,000 (792 thousand) in 2008 a  40% reduction in apprehensions over a 3 year period. In January 2006 the Democrats took control of both Houses of Congress. 2005, the year before they took control there were 1.3 million apprehensions, by the end of 2008 when the Obama Administration  was elected, 500,000 fewer apprehensions, a 40% reduction took place …    

But with Maricopa County Sheriff Joe Arpaio the top law officer among all those deputized, questions remain about what’s in store when Arizona gives more officers the power to enforce immigration laws. The federal government already is under fire for doing a poor job of keeping watch on local officers enforcing immigration laws and ensuring safeguards for protecting civil rights are in place.

I’m sorry, if I were the AP editor, this writer would be fired. The Arizona Law does not transfer power, it does not “create” additional power for State Law enforcement officers, it affirms the rights and obligations that already exist. The law confirms the fact that “ordinances” adopted by “Sanctuary Cities” are in fact unconstitutional and that Federal Immigration Law and Arizona State criminal laws supersede “Sanctuary City” ordinances.  Publications that allow writers to fabricate facts, should face the consequences of doing so. Where is the “proof” of the claim this writer is making ,

                                                                        “and ensuring safeguards for protecting civil rights are in place”.

Excuse my language, but what “bullshit”. When you lack the facts, misstate the facts you’ve got. When reason isn’t on your side, “play the race card”.  

Arpaio is under federal investigation on allegations of civil rights allegations, which he denies.

If Arizona’s new law takes effect Thursday, many more of the state’s officers will be asking people to prove they are legally in the U.S. The state law requires officers to ask for a driver’s license, passport or other identity document if they reasonably suspect a person is not allowed to be in the U.S. They must do so while enforcing other laws or ordinances.

Yes, Sheriff Joe has had charges filed against him multiple times over the last 10 years … and Sheriff Joe has been exonerated on each and every claim presented against him  … claims presented by unbiased political groups like the ACLU…  wait a minute, the ACLU isn’t unbiased are they …. Why doesn’t this author identify the accuser by name? After 10 years of “false and unsubstantaited charges” isn’t it about time to refer to the “false and unsubstantiated charges” as false and unsubstantiated charges … This is not about “the law” this is about politics … and failing to enforce the existing laws … about removing and reversing laws passed by Congress and implemented by prior Administrations.

The federal government is trying to block the Arizona law, arguing it usurps its authority. The Justice Department said in its suit challenging the law that the 287(g) federal-local partnerships are one way Congress allowed states to assist in enforcing immigration laws.

Yes, this is what the Obama Administration and the Holder Department of Justice state, however, what the main Stream Media has refused to report is this, the Justice Department issued a memo in 2002 which states the exact opposite…

That 2002 DOJ memo states, “We summarize our conclusions: 1) States have inherent power, subject to Federal preemption, to make arrests for violation of Federal Law. 2). Because it is ordinarily unreasonable to assume that Congress intended to deprive the Federal Government of whatever assistance States may provide in indentifying and detaining those who may have violated Federal Law, Federal Statutes should be presumed not to have preempted this authority. This Office’s 1996 advice that Federal Law precludes State Police from arresting aliens on the basis of civil deportability was mistaken. 3). Section 1252 C does not preempt state authority to arrest for Federal violation”

2002 DOJ Memo

“At the pragmatic level, if local police are already allowed to do this and are allowed to do this with federal cooperation with the state, then why do they need the (new Arizona) law?” said Muzaffar Chishti, director of the New York office of the Migration Policy Institute, an immigration think tank.

There are several other ways local officials can assist, including Secure Communities, a more widely used program that allows local officials to check the fingerprints of anyone they book into their jails against FBI and Homeland Security Department databases.

Lets try not to get stupid in this discussion. A suspect needs to be “placed under arrest” before they can be “booked and finger printed”.  Once a suspect is “arrested and booked” State Law Enforcemnet officers can then access the “Secure Communities Database”.  

The Arizona Law addresses the activities undertaken prior to “arrest and booking” … the activities associated with a “preliminary investigation” … the investigation prior to contacting ICE or other immigration authorities … the basics of the investigation … asking a criminal suspect, under investigation for the commission of a crime, to identify themselves … got it … it really isn’t that difficult … If you can’t identify the “suspect” or complete a basic criminal investigation, how do you ever get to the point of an arrest, finger printing and the utilization of the Secure Communities data base … gee, I guess Congree intended for the Feds to set up the Secure Communities data base – just so long as no state or local police used it … 

But the 287(g) program gives officers the most direct authority to stop people on the street, in their cars or in their communities and check whether they are in the country illegally. Federal watchdogs have been critical of the job the Homeland Security Department has been doing in running the program…

This claim is what I would call a bald face lie … that is as direct a condemnation as I can make … this statement is a bald face lie. The following is taken directly from the Department of Homeland Securities Web Page:

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions

The Arizona Law addresses criminal investigations prior to the determination that an immigration violation has taken place and applies to all law enforcement officers in the State not a samll group of “designated officers”. A States right to investigate and arrest is not dependent on the delegation of authority from the Federal Government … so says the United States Supreme Court. The State cannot, however, “remove” or “deport”… 

I love how the Government, the ACLU and this AP reporter is arguing that the Arizona Law both usurps Federal Authority and that the Law isn’t needed because 287G already grants the powers requested …  can’t have it both ways can you … that the law interferes with Federal powers and that the law isn’t needed because the Feds have already given the power away …

The department’s inspector general (287G) reported in March that the 287(g) program was poorly supervised and provided insufficient training to officers, including on civil rights law.

Local officers have operated outside their agreements dictating the limits of their authority, the report said. In all, the inspector general made 33 recommendations for overhauling the program, some of which have not yet been resolved. It was the second critical report for the program. The Government Accountability Office had criticized the program in July 2009.

Complaints about Arpaio’s immigration enforcement tactics led the federal government last October to yank his authority to enforce immigration laws during patrols. That month, the Obama administration rewrote all agreements with local partners in attempt to address complaints of racial profiling and civil rights violations.

Yes, this is accurate, as far as it goes. The “287G Program” was in operation for over 13 years before the Obama Administration unilaterally decided to rewrite it’s provisions, to “rewrite” the programs guidelines, something that should have been left to Congress. Is there really any need to point out that the Obama Administration looks at this issue in a manner completely divorced from the rest of the Country … that the Obama Adminstration is on the extereme left and is ignoring American’s “mainstream” on many of these issues; “trying terrorist suspects in New York Courts rather that Military Tribunals, releasing New Black Panthers guilty of voter intimidation, renaming terror attacks as “man caused events” , claiming that the “Boston Police acted stupidly” … and now … even before they read the Arizona Law, claiming that it profiled.

Yes, the Federal Government acted, based on unsubstantiated complaints from groups like the ACLU. The fact is this … the Executive Branch is trying to block enforcement of our immigration laws, laws passed by Congress … the Obama Adminstration is trying to establish a “de-facto” open borders …. see below


Even so, the federal government continues to allow the sheriff and deputies to check their jails for deportable inmates.

Allows? Allows? The Federal Government is required to do so … by acts of Congress … This is, simply, the Federal Government’s Job… when the Fedral Government fulfuills this OBLIGATION … it is simply doing it’s job. 

First there is the Secure Communities Initiative discussed above. Then there is NSEERS (National Security Entry-Exit Registration) a system established by Congress in compliance with the findings of the 911 Commission Report. The NEERS System is a system for registration of certain non-citizens within the United States, initiated in September 2002 as part of the War on Terrorism. This system has two separate portions: port-of-entry registration and domestic registration. In each case, the registree is required to be fingerprinted, photographed, and interrogated. In addition, they are required to provide detailed information about their plans and updates to the US Immigration and Customs Enforcement (ICE) in case of changes in plans. They are also able to travel to and from the US via certain ports only.

The NEERS system is used to communicate with State and Local Law Enforcement officals as the conduct their daily activities  … much like the Secure Communities Initiative …

Then there is the LESC Program, the Law Enforcement Support Center (LESC) is a national enforcement operations facility administered by U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security (DHS). LESC is a single national point of contact that provides timely customs information and immigration status and identity information and real-time assistance to local, state and federal law enforcement agencies on aliens suspected, arrested or convicted of criminal activity. Located in Williston, Vt., LESC operates 24 hours a day, 7 days a week, 365 days a year. The primary users of LESC are state and local law enforcement officers seeking information about aliens encountered in the course of their daily enforcement activities. LESC also receives queries from federal, state and local correctional and court systems seeking information about individuals in custody or encountered elsewhere in the criminal justice system. Law enforcement officers have immediate access to alien records entered with the National Crime Information Center (NCIC) and immigration information from every alien file maintained by DHS— approximately 100 million records—by using the formatted Immigration Alien Query (IAQ) screen incorporated within each state’s law enforcement communications system.  LESC offers other vital services, including: National Crime Information Center (NCIC)—LESC administers and controls all ICE criminal and administrative records in this nationwide law enforcement consortium and criminal database. There are now over 250,000 ICE records in NCIC.

Even so, the federal government continues to allow the sheriff and deputies to check their jails for deportable inmates.

I think not, the Obama Executive Branch has been “instructed by Congress” to do so … prior “Executive Branches” accepted and received the Congressional funding to do so and prior to the arrival of the Obama Administration and this “Executive Branch” the Federal Government has acknowledged the powers both inherent in the States and those additional powers granted to the States by Congress, not the Executive Branch, to assist in the enforcement of our immigration laws.

Consider these words spoken by a former Attorney General, John Ashcroft when he attended the opening of the   NSEERS system, the Attorney General  announced the unequivocal conclusion of the Department of Justice’s Office of Legal Counsel (DOJOLC): “Arresting aliens who have violated criminal provisions of [the INA] or civil provisions that render an alien deportable . . . is within the inherent authority of the states.”

Joanne Lin, legislative counsel for the American Civil Liberties Union, said it is alarming that one Arizona county is responsible for a disproportionate share of deportations.

After referring indirectly to the ACLU 4 times in this article, the author has finally mentioned them by name … why is it alarming Joanne … you might consider that more illegal aliens cross through Maricopa County than any other County in the Country … A fact confirmed by the DHS and DHS Secretary Napolitano. If you have 500,000 illegal aliens cross through a County, I’m sure the law enforcement officers and citizens of Arizona are disappointed to only have 26,000 of them “intercepted”, “apprehended” and “removed”.   The 26,000 represents only 5% of those who gain entry “illegally” to our Country through that County.

By the way Lin, I love your (the ACLU’s) new commercial. You know the one where a man falsely claims the Arizona Law will allow police to harass him while he is gardening … Lin as an Attorney you are required to abide by the “Code of Conduct” … this commercial is a blatant violation of the Code of Conduct Lin, an intentional misrepresentation of a law …

The Los Angeles County’s Sheriff’s Office, a distant second to Maricopa, helped find 13,784 immigrants who were later deported or left the country. The Sheriff’s Office’s agreement with the federal government allows it to check its jails for deportable immigrants, but not to enforce immigration laws during street patrols. A renewal of the agreement is under negotiation.

Yet another bald faced lie. The City of Los Angeles is a “Sanctuary City” and prohibits it officers, illegally and unconstitutionally prohibits its law enforcement officers, from enforcing Federal immigration laws … the City of Los Angeles does this despite the fact that the City is inundated with violent street gangs populated with illegal alien members of the Mexican Drug Cartels,  gangs such as MS-13, Sureno-13,  … 2 prisoners out of every  5 prisoners in the California penal or jail system, are criminal illegal aliens …

An estimated 10.8 million people, about 26 percent of the state’s population, are living illegally in California, compared with 460,000, about 12 percent, in Arizona.

And the point is? I believe the point is that with an estimated 10.8 million illegal aliens living in California … 26 percent of the State population … it is high time we secure the Country’s borders … and that until California secures its borders and addresses the illegal immigration issue seriously … that all Federal Funds … not just bailout funds … be withheld …  and another 460,000 illegals are reported to be living  in Arizona, yet it is reported, by the Obama Administration that there are only 12 million illegal aliens living in the entire United States… what about Florida, where 1 million illegal aliens reside … and then we would only have an 47 additional states to addd to the count … just as a quick count 10.8 million in California and 460,000 in Arizona equals 11.4 million out of the Obama Administration’s estimated 12 million …

“These statistics bear out that you have rogue sheriffs in certain counties that are bent on targeting immigrants,” Lin said.

Illegal immigrants Lin, dear, illegal immigrants … can’t you tell the difference. Well if you can’t tell the difference Lin, the Federal Immigration Judges have no problem doing so … the problem Lin, is with the authorities in crime ridden LA County, with an estimated 10.8 million illegal aliens, only identifying  13, 784 for “removal” out of the state wide pool of pool of 10,800,000, or the 2.5 million illegals living in the L.A. Tri-County Area. The 13,784  represents an apprehension rate of   6 hundereths of 1% (.006). I’ll suggest that any Sheriff’s Department in the Country can match that “apprehension rate” by sitting in their office eating eating donuts and waiting for the “suspects” to walk in and voluntarily surrender …

Since the merger of L.A. Public Safety with the L.A. Sheriff’s Department, the combined groups have a total of nearly 9,000 police officers, and this number does not include civilian employees or private “security” personal. A total of approximately 9,000 officers to patrol roughly 7.600 square miles and they apprehended 13, 784 illegal aliens over a 52 week period. That works out to 1.5 illegal alien arrests per officer over the 52 week year span. 1.5 per officcer per year. Did all that work cause the L.A. Sheriff’s to break into a sweat … No wonder Calfornia has 10,800,000 million illegals …’s_Department

Maricopa County has a total of 4,000 employees and an additional 3,00o volunteer posse members. The County has approximately 3,000 full time Sheriffs, roughly 1/3 of the number employed in L.A. County. The Sheriff’s office “patrols” 9200 hundred square miles. an area rughly the size of the state of Vermont or New Hampshire or New Jersey…. an area 1 1/3 times larger than L.A. County. The Maricopa County Sheriff’s apprehended 26,146 “illegal aliens” in the year in question, for an average of 8.7 per Sheriff for the year … about one apprehension per officer every 6 weeks … not bad considering it isn’t their primary focus …. but this AP writer would have you think what?  That the Maricopa County Sheriff is out there arresting dozens of Hispanics at the local Dairy Queen … yeah, 8.7 apprehensions per year per Sheriff – about 1 every 6 weeks per Sheriff … sounds like a lot of profiling going on to me …  I guess we can tell one thing … The Maricopa County Sheriff is out their working … Do the L.A. County Sheriffs even leave their offices … 1.5 apprehensions per officer per year … 

One thing is certain from these stats … the L.A. County Sheriff is not checking to determine if those arrested are , in fact, here illegally. With 10.800.000 illegal aliens living in California  and a total of 136,288 criminal arrests in 2009 (19,168 Part 1 arrests and 117,120 Part 2 arrests) the L.A. County Sheriff’s office only identified 13,784 illegals, one for every 10 individuals arrested. I for one don’t beleive that any “racial group” is more prone to crime, however, those who are willing to commit a crime to get here may, in fact, be more willing to commit a crime after they arrive. Even if that is not the case, lets just assume that illegal aliens are just as likely as any other “group” in California to commit a crime and be arrested … I’m not willing to believe illegal aliens are more “law abiding” … if this is a fair assumtpion then at least 1/4 of those arrested in L.A, County would be illegal … the same percentage that they represent in California’s population at large …. (I’m not even arguing that the rate should be much higher becasue L.A. County has so many more illegals) … 25% of 136,288  equals 34,072 a tad more than 13,784 that were apprehended … nearly 3 times more …. and nearly 1.5 times more than the number apprehended by Sheriff Joe and his group in Maricopa County … These stats don’t support the slightest hint of profiling … they clearly state what is happening, the L.A. County Sheriff’s department is not enfoircing the immigration law, by choice or by directive

Yes, Lin the problem is obvious and the problem is not in Arizona … Watch the election in November Lin, American is going to send you a loud message …

Post Script:

The AP is such a critical part of the 5th estate, a leader in worldwide reporting, an organization with writers risking their lives in places like Afghanistan, Iraq and yes, in Mexico where they report on the Mexican Civil War with the Drug Cartels… why does the AP allow shoddy pieces like the dribble above be published and detract from the hard won reputation garnered through the efforts of  so many other serious reporters …  won by the hard work of true journalists … AP lose your “political hacks” they diminish the reputation of your true journalists …


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