Criminal Illegal Alien Deportees Blamed For Caribbean Crime Wave

By MIKE MELIA

Associated Press Writer

SAN JUAN, Puerto Rico — The crime was horrifying enough – a nightclub owner, hacked to death with a machete, was found buried in pieces. But what really outraged people was that the accused killer had been deported from the U.S. to his native Grenada as a convicted felon.

As a foreign-bred criminal, the suspect never should have returned to the close-knit tropical nation, relatives of the victim and others said. Islanders called for more vigilance over deportees by the government, which says it needs help from Washington to handle the return of hardened convicts.

“I hope that my brother did not die in vain and something can be done to monitor these criminal deportees,” said Gemma Raeburn-Baynes, a sister of the nightclub owner, Michael Raeburn-Delfish.

The United States has deported thousands of convicted criminals to the Caribbean annually since 1996, when Congress mandated that every non-citizen sentenced to a year or more in prison be kicked out of the country upon release. In all, the U.S. is responsible for about three-quarters of the region’s returning criminal deportees, with the United Kingdom and Canada accounting for most of the other ex-cons arriving in the islands.

It’s a phenomenon that also afflicts many parts of Central America, where street gangs that grew out of Los Angeles spread to the region through massive deportations. Brutal and powerful, the “Maras” are blamed for rampant violent crime, extortion and more recently acting as enforcers for drug cartels.

In the Caribbean, governments say deportees are exacerbating crime in nations with high levels of violence such as Jamaica. On the smaller islands such as Grenada, once considered idyllic havens from gang violence, officials say the returning deportees are partly to blame for increasingly bold and sophisticated crimes and homicide rates soaring to record levels.

The United States is attempting to defuse tensions with island governments by exploring programs to help them reintegrate deportees. During a visit to Barbados in June, Secretary of State Hillary Rodham Clinton said the U.S. is no longer ignoring complaints that have topped the Caribbean’s diplomatic agenda for more than a decade.

U.S. officials say privately that the deportations cannot be blamed for the increase in violent crime, but declined to discuss the issue on the record, saying the U.S. does not want to hurt relations with Caribbean governments with which it cooperates on other issues.

The man accused in the machete attack in Grenada, Ronald Michael Phillip, 55, was deported from the United States on July 6, 2000, the day after leaving a state prison in Uncasville, Connecticut, where he had spent more than six years.

Island police know only the rough outline of his life abroad: Phillip moved overseas in 1986 and lived in Canada and Brooklyn, New York, before moving to New London, Connecticut. He was arrested in December 1993 on assault and drug charges.

But the officer who found Raeburn-Delfish’s severed head and limbs in three shallow pits on Sept. 5 said the nature of the murder led him to believe the suspect was a practiced killer.

“He had a level of experience with dealing with dead people or animals,” forensics expert Trevor Modeste said. “We don’t usually have crime like that. We don’t usually have planned and executed murders.”

Modeste said his suspicions were confirmed when Phillip, known locally as Ronald de Ally, boasted to police that he killed and buried two people in the United States who were never found.

Grenada police spokesman Troy Garvey said that claim has not been verified. Garvey said investigators’ focus is on solving Raeburn-Delfish’s slaying, but they will pass anything they learn about crimes in the U.S. to the appropriate jurisdiction.

Raeburn-Delfish was Phillip’s landlord, but no motive has been established in the slaying. Phillip, who is charged with murder, did not have an attorney at his first court appearance.

At the heart of the problem is the disparity of wealth between the United States, where migrants often learn their criminal ways, and their poor homelands, where jobs are scarce and police resources are limited. Moreover, islanders who often left their native lands as children return to countries they barely recognize, with no remaining family.

Jean Nemorin, 47, who returned to Haiti in 2008, more than three decades after he arrived in the United States with his family at age 11, said there is a stigma attached to people like him when locals learn of their criminal past, making it tough to find work or a place to live.

“I struggled to feed myself for the first six months,” Nemorin said. He declined to describe his conviction in the United States but said he is crime-free today, operating a moto-taxi in Port-au-Prince that he bought with money from relatives overseas.

The biggest impact has been in heavily populated countries like Jamaica, where deportees are suspected in several violent crimes each week, according to Leslie Green, an assistant police commissioner.

But smaller islands are increasingly leading the calls for help from Washington. A Grenada government spokesman, Richard Simon, said they lack the counseling, monitoring and housing services needed to absorb deportees with serious criminal records.

In Dominica, at least one criminal deportee is suspected in a recent pair of brazen, daylight robberies by masked men, Security Minister Charles Savarin said.

In St. Lucia, an island of 170,000 people that received 18 criminal deportees from the U.S. last year, Security Minister Guy Mayers said some of the convicts were apparently recruited into local drug rings that exploit their contacts from overseas prisons.

“We are not responsible for them becoming monsters,” Mayers said. “We need support to be able to rehabilitate these people.”

In 2007, the U.S. launched a pilot program managed by the United Nations’ International Organization for Migration to help reintegrate deportees. The $3 million project provided services including career counseling and housing assistance in Haiti, Guyana and the Bahamas.

U.S. officials say they hope that effort will be the starting point for a regional discussion, but no money has been assigned so far to keep the program going.

Island governments say the deportee issue will remain a sticking point with Washington until they see more action.

“I raise this with U.S. authorities every chance I get,” Mayers said.

http://www.miamiherald.com/2010/09/25/1841717_p2/caribbean-crime-wave-linked-to.html#ixzz10XkKpA1l

McAuley’s World Comment:

Under what theory are American taxpayers obligated to pay for the incarceration of a foreign national who commits a crime in his nation of origin … First, the individual enters the U.S. illegally, then they commit are caught and convicted of criminal activity in the United States. Then they serve the sentence prescribed by American Courts at the expense of American taxpayers before being returned to their Country of origin when they return to criminal activities …. Isn’t this a basic prerequisite of a civilized nation or government? To protect it’s citizens from the criminal element, foreign or domestic, within it’s borders?

A 4th Mexican Mayor Slain By Drug Cartels this Fall as the Cartel violence escalates …

State Attorney General Alejandro Garza y Garza

MONTERREY, Mexico – Gunmen killed a town mayor near the drug-plagued industrial city of Monterrey, authorities said Friday, the fourth mayor in northern Mexico to be murdered in little more than a month.

Prisciliano Rodriguez Salinas was gunned down late Thursday along with one of his personal employees in the town of Doctor Gonzalez, about 30 miles (50 kilometers) east of Monterrey, the Nuevo Leon state Attorney General’s Office said.

Eliseo Lopez Riojas was killed as he was picking up equipment from the mayor’s house, and a white car waiting outside started firing. Investigators found 19 shells from two different weapons at the scene.

Drug gangs warring for territory and smuggling routes in northern Mexico have increasingly targeted political figures in the region, though the attorney general said there were aspects of the crime uncharacteristic of gangs.

“The act, in terms of waiting for the mayor outside his house … is not a very common tactic for organized crime,” state Attorney General Alejandro Garza y Garza. “So we’re not ruling out any line of investigation.”

Garza Y Garza said he was unaware of any threats against the mayor.

Two police officers had been taken in for questioning about the killings, though Garza y Garza said they were not under arrest.

Nuevo Leon Gov. Rodrigo Medina

In a short press conference Friday, Nuevo Leon Gov. Rodrigo Medina said soldiers stationed in his state had achieved some successes combating organized crime.

“We will not give up this fight,” Medina said.

President Felipe Calderon condemned the attack and sent his condolences to the family as his government reiterated its commitment to the security of all Mexicans. The government has attributed the spike in violence in the border states of Nuevo Leon and Tamaulipas to a breakup between the Gulf Cartel and the Zetas.

Monterrey-area mayor Edelmiro Cavazos

Monterrey-area mayor Edelmiro Cavazos was kidnapped in August and his body dumped three days later. Seven police officers who authorities said were paid monthly salaries by the Zetas gang were arrested in connection with that killing.

It was followed two weeks later by a fatal attack on Mayor Marco Antonio Leal Garcia in Hidalgo, a town in violence-plagued Tamaulipas.

Hooded gunmen shot to death Mayor Alexander Lopez Garcia in the town of El Naranjo in San Luis Potosi state on Sept. 8. The methods used in all three slayings were similar to those used by Mexico’s drug cartels.

In June, gunmen killed the leading gubernatorial candidate in Tamaulipas state.Mayor Marco Antonio Leal Garcia in Hidalgo

More than 28,000 people have been killed by drug-related violence since Calderon launched his attack on drug cartels in late 2006.

http://abcnews.go.com/International/wireStory?id=11715222

Nuevo Leon, Mexico: 8 Hours, 13 Executed, 6 Kidnapped from Hotels, and 18 Injured

Despite the unanimous demand of citizen leaders urging the Governor of Nuevo Leon to act after Wednesday’s wave of narco violence left a record of 13 dead, six people kidnapped from two downtown hotels and 18 people injured, the State Government of Nuevo Leon recommended: Carry on, Go about with life as Normal. Perhaps he should have added: And try not getting shot while doing it.

http://jacqui.instablogs.com/entry/nuevo-leon-mexico-8-hours-13-executed-6-kidnapped-from-hotels-and-18-injured/#ixzz10SfVePlr

Army soldiers walk by the body of a man lying in the street in Acapulco, Mexico, Thursday Sept. 23, 2010. Authorities say seven people were killed in a shootout between rival drug gangs. (AP Photo/Bernandino Hernandez)

Cartel Shootout Leaves 7 Dead in Acapulco

Mexican authorities say seven people were killed in a shootout between rival drug gangs in the Pacific resort city of Acapulco.

Guerrero state investigative police director Fernando Monreal says gunmen used grenades and automatic rifles to attack a house in a residential area of Acapulco on Thursday.

The state of Guerrero, where Acapulco is located, has become a drug cartel battleground.

Authorities on Wednesday found the decapitated bodies of two men inside a car abandoned in the community of Kilometro 30, near Acapulco.

Nationwide, more than 28,000 people have died in drug violence since December 2006, when President Felipe Calderon launched a crackdown against drug traffickers.

Mexican Drug Cartel Violence: Mexican Marines arrest presumed leader of Beltran Leyva Cartel – Sergio Villarreal Barragan taken into custody

Sergio Villarreal Barragan captured in Sunday raid officials say

Mexican marines captured Sergio Villarreal Barragan, a presumed leader of the embattled Beltran Leyva cartel who appears on a list of the country’s most-wanted fugitives, in a raid Sunday in the central state of Puebla, officials said.

The presumed capo known as “El Grande” did not put up any resistance when he was arrested along with two alleged accomplices, a Navy official told The Associated Press. The official, who spoke on condition of anonymity in line with department policy, said federal officials would announce the capture shortly.

Mr. Villarreal appears on a 2009 Attorney General’s Office list of Mexico’s most-wanted drug traffickers and has a reward of just over $2-million for his capture.

He is listed as one of the remaining leaders of the Beltran Leyva cartel, whose top capo, Arturo Beltran Leyva, was killed in December in a raid by marines outside Mexico City.

Drug Cratel Violence. Young Woman Murdered & Mutilated By Cartel

Mr. Villarreal’s capture comes about two weeks after the arrest of Edgar Valdez Villarreal, or “The Barbie,” another alleged capo linked to the Beltran Leyvas.

The once-powerful Beltran Leyva cartel split following the death of Arturo — known as the “Boss of Bosses” — which launched a brutal war for control of the gang involving mass execution and beheadings in once-peaceful parts of central Mexico. The fight pitted brother Hector Beltran Leyva and Villarreal against a faction led by Edgar Valdez Villarreal. Hector Beltran Leyva remains at large.

Mr. Villarreal’s capture is the fourth major blow delivered to drug cartels by Mexico’s government in the past year. First came the death of Arturo Beltran Leyva on Dec. 16, 2009, then soldiers killed the Sinaloa cartel’s No. 3 capo, Ignacio “Nacho” Coronel, on July 29. And on Aug. 30 federal police announced the capture of “The Barbie.”

Drug Cartel Victims - Decapitated Bodies Dumped in Plaza

More than 28,000 people have been killed in Mexico since December 2006, when President Felipe Calderon launched a military offensive against the cartels soon after taking office.

In the central state of Morelos, police discovered nine bodies in clandestine graves Saturday in the same area where four more were recently found.

The Public Safety Department said in a separate statement that all 13 victims were believed to have been killed on the orders of “The Barbie” in his battle for control of the cartel.

Also Sunday, the military announced that it filed charges against four troops for the Sept. 5 shooting deaths of a man and his 15-year-old son along the highway linking the northern city of Monterrey to Laredo, Texas.

Authorities have said soldiers opened fire on the family vehicle when it failed to stop at a checkpoint, though relatives who were also in the car say they were shot at after they passed a military convoy.

The mother and wife of the two victims was also wounded in the shooting.

Cartel Violence - Decapitated Head Left in Plaza

A captain, a corporal and two infantrymen are in custody in military prison and have been charged with homicide, the Defence Department said in a statement.

Mexico’s military was already under scrutiny for this year’s killings of two brothers, ages 5 and 9, on a highway in Tamaulipas, a state bordering Nuevo Leon.

The National Human Rights Commission has accused soldiers of shooting the children and altering the scene to try to pin the deaths on drug cartel gunmen.

The army denies the allegations and says the boys were killed in the crossfire of a shootout between soldiers and suspected traffickers.

The scandal renewed demands from activists that civilian authorities, not the army, investigate human rights cases involving the military.

http://www.theglobeandmail.com/news/world/americas/mexican-marines-arrest-presumed-leader-of-beltran-leyva-cartel/article1704715/?cmpid=rss1

3rd Mexican Mayor Slain by Hit Men This Month – Bodies of Police Detectives Investigating Slaughter of 72 Migrants Found

3rd Mexican Mayor Slain by Hit Men This Month

Another Mexican mayor slain; Clinton angers Mexico by comparing it to Colombia decades ago

The third Mexican mayor in a month was slain by suspected drug gang hitmen on the same day the U.S. secretary of state raised hackles in Mexico by saying the country is “looking more and more like Colombia looked 20 years ago.”

Hillary Rodham Clinton and other U.S. officials pointed to Mexican drug cartels’ use of three car bombs, a tool once favored by cartel-allied rebels in Colombia, as evidence that the gangs “are now showing more and more indices of insurgency.”

While the Mexican government quickly condemned the killing of the mayor of the northern town of El Naranjo, it rejected the comparison with Colombia, where the Medellin drug cartel waged a full frontal assault on the state, endangering its very integrity with attacks on police, politicians and judges and terror attacks against civilians.

More worrisome to Mexican legislators, Clinton suggested the United States was looking to implement some type of Plan Colombia for Mexico and Central America, referring to a U.S. anti-drug program in which American special forces teams trained Colombian troops and U.S. advisers are attached to Colombian military units.

 
 
 

Edelmiro Cavazo Mayor of Santiago, Mexico - Kidnapped from Home & Assassinated By Cartel

McAuley’s World: As in Columbia, hundreds of Politicians and Police are in the pay of the Mexican Cartels.

The reaction was swift.

Mexico — which has suffered at least three U.S. invasions — has always rejected allowing American troops on its soil, except for a single symbolic presence: Mexico’s Senate has authorized a U.S. detachment to march in next week’s Bicentennial parade.

“Starting right now, we have to say this clearly. We are not going to permit any version of a Plan Colombia,” said Sen. Santiago Creel, a member of President Felipe Calderon’s National Action Party. “We cannot permit a Plan Colombia in Mexico.”

Sen. Ricardo Monreal of the leftist Labor Party said U.S. aid to Colombia hadn’t stopped drug trafficking there. “Whoever thinks Colombia is a cure-all, and if the United States thinks it is necessary to apply the same model to us they applied to Colombia, they are mistaken,” he said.

Plan Colombia has been widely credited for helping Colombia diminish the rebel threat…

Clinton made her statements Wednesday in Washington at the Council on Foreign Relations, where she said drug cartels are “morphing into, or making common cause with, what we would consider an insurgency in Mexico and in Central America.”

Clinton also suggested that “we need to figure out what are the equivalents” for Mexico and Central America of Plan Colombia, acknowledging “there were problems and there were mistakes, but it worked.”

Edgar Valdez Villarreal, alias the "Barbie"

Mexican cartels are becoming increasingly violent — federal police reported Wednesday they had found four bodies in a clandestine grave linked to arrested U.S.-born drug hitman Edgar Valdez Villarreal, alias “La Barbie” — and are carrying out more attacks on government officials in Mexico.

Hooded gunmen burst into Mayor Alexander Lopez Garcia’s office in the northern Mexico state of San Luis Potosi on Wednesday and shot him to death.

President Felipe Calderon’s office issued a statement condemning the killing — the third mayor slain in less than a month — calling it a “cowardly and criminal” act.

There was no immediate information on the motive in the attack, but the style of the slaying resembles methods used by Mexico’s drug cartels.

On Aug. 29, the mayor of a town just across the state line in

Hidalogo Mayor Mayor Marco Antonio Leal Assassinated by Cartels 08.30.2010

Tamaulipas was shot to death and his daughter wounded. [Marco Antonio Leal Garcia, 46, was shot dead while he was driving his car, the source said. His four-year-old daughter was seriously wounded in the attack, the source said.] The mayor of Santiago, a town in the neighboring state of Nuevo Leon, was found murdered Aug. 18, a crime for local police officers allied with a drug gang are suspected.

The San Luis Potosi state prosecutors’ office said Lopez Garcia was killed by a squad of four hitmen. The rural township of about 20,000 people borders the violent-wracked state of Tamaulipas, where 72 migrants were massacred by drug gunmen in August.

On Wednesday, the Mexican government announced that marines had arrested seven gunmen suspected of killing 72 Central and South American migrants last month in the worst drug cartel massacre to date.

Four of the suspects were arrested after a Sept. 3 gunbattle with marines, and the other three were captured days later, spokesman Alejandro Poire said at a news conference.

Poire alleged the seven belong to the Zetas drug gang, but he gave no further details on their identities or what led to their arrests.

Investigators believe the migrants were kidnapped by the Zetas and killed after refusing to work for the cartel.

San Luis Potosi Central Square - City Hall in Background

The arrests “will help determine exactly what happened in San Fernando, Tamaulipas, and it’s a significant step toward ending the impunity surrounding assaults on migrants by organized crime,” Poire said.

An eighth suspect already was in custody. Marines arrested a teenager after a shootout with gunmen at the ranch the day they discovered the bodies. Three gunmen were killed during that battle.

A Twitter account linked to Calderon’s website said two youths aged 14 and 17 had also been detained for allegedly participating in the massacre, but offered no details. The president’s office was not immediately available to clarify the report.

In addition, marines last week found the bodies of three other men suspected of participating in the massacre after an anonymous caller told authorities where to find them. Officials say they have no information on who made the call, but in the past drug gangs have handed over suspects in especially brutal killings that draw too much attention.

Zetas Dump 12 Bodies Outside San Louis Petosi

A Honduran man who also survived the slaughter and is under police protection in Mexico later identified the three dead men as having been among the killers.

The latest arrests were announced one day after authorities found the bodies of two men believed to be those of a state detective and a local police chief who participated in the initial investigation of the massacre. [Prosecutor Roberto Jaime Suarez]

http://abcnews.go.com/International/wirestory?id=11589288&page=1

 

New Immigration Policy to Restrict Illegal Immigrant Deportations

ICE Assistant Secretary John Morton, seen here, wrote the Aug. 20 memo to Peter Vincent

Federal authorities have issued a new policy aimed at stopping deportation proceedings for some illegal immigrants, according to a memo issued by U.S. Immigration and Customs Enforcement.

The memo, which ICE released on Aug. 20, could affect up to tens of thousands of illegal immigrants who are married or related to a U.S. citizen or a legal resident who has filed a petition on their behalf. Illegal immigrants with criminal convictions will not qualify under the plan. ICE Assistant Secretary John Morton wrote the memo to Peter Vincent, principal legal adviser and head of the agency’s removal operations.

The memo directs ICE attorneys to check cases of detained illegal immigrants for any “serious” or “adverse” factors weighing against dismissal, including criminal convictions, fraud, national security and public safety considerations.

“If no investigations … or serious adverse factors exist, the offices of chief counsel should promptly move to dismiss proceedings,” the memo reads. “Once the Field Office Director is notified, the FOD must release the alien.”

The change in policy could affect thousands of the estimated 17,000 pending removal cases. According to ICE data, nearly 40,000 immigrants obtained U.S residency status due to sponsorship of relatives who were legal residents in fiscal year 2009. By comparison, more than 393,000 illegal immigrants were deported during that same span.

Debris Left Along Cartel Controlled "Coyote" Trail

Sen. Chuck Grassley, R-Iowa, likened the change to a “free pass” for illegal immigrants, a characterization federal authorities denied.

 “Actions like this demoralize ICE agents who are trying to do their job and enforce the law,” Grassley told The New York Times. “Unfortunately, it appears this is more evidence that the Obama administration would rather circumvent Congress and give a free pass to illegal immigrants who have already broken our law.”

A Department of Homeland Security official told Fox News that the new policy was designed in July 2009 to improve docket efficiency.

Richard Rocha, ICE’s deputy press secretary, said the agency remains focused on removing foreign nationals who have criminal convictions.

Border Patrol Officer Wades Through Debris Left Behind On Coyote Trail

“This administration is committed to smart, effective immigration reform, prioritizing the arrest and removal of criminal aliens and those who pose a danger to national security,” Rocha said in a statement. “In 2010 to date, ICE has removed more than 150,000 convicted criminals — a record number. [McAuleys’ World: It is estimated that there are between 4 million and 6 million illegals present in the Unites States with criminal conviction histories] 

“ICE is not engaged in a ‘backdoor’ amnesty and has placed more people in immigration proceedings this year than ever before.  ICE has implemented a new policy to expedite the removal of criminal aliens and those who pose a danger to national security by ensuring these cases are heard.”

http://www.foxnews.com/politics/2010/08/27/new-immigration-policy-halt-illegal-immigrant-deportations/

The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 3)

The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 3)

Even if the Government’s allegation that, “It will result in the harassment of lawfully present aliens,” is true, and it is not, the allegation fails to state a claim subject to  one of the three areas of “preemption”. A claim of harassment may lend itself to a “civil rights claim”, it is not a within the “class of claims” to be considerd under the Federal preemption doctrine.

Example: A suspect is arrested and it is alleged that the suspect had 10 tons of cocaine in his possession. After the suspect is placed under arrest he is charged with bank robbery. Even if the Judge assumes the suspect had 10 tons of cocaine in his possession, the Judge must dismiss the bank robbery charges, because those charges do not apply to the facts alleged.

Even if the Government’s allegation is true, that the Arizona Law will “result in the harassment” of lawfully present aliens”, such action does not give rise to a claim of preemption.

Claim 2:  “it will burden federal resources and impede federal enforcement and policy priorities.”

Does this allegation state a basis for a “preemption claim” or is this claim one of “administrative inconvenience”. One type of claim is protected by the Constitution, one is not.

Is this a claim of Express Preemption? No, the DOJ doesn’t allege that Congress “reserved” enforcement for the Federal Government, such a claim would be unsustainable.

Is this a claim of Field Preemption? No, the DOJ has not alleged that the Congress intended to preclude the States from supplementing the enforcement of our Immigration Laws.

Is this a claim of Conflict Preemption? No, the allegation fails to state a claim which, even if it were true, would fall within the criteria of “conflict preemption”. The allegation is one of “administrative inconvenience” not of “conflict preemption”. The Holder DOJ has not alleged that the Arizona Law creates the situation where “compliance with both federal and state regulations is a physical impossibility”… the Holder DOJ just states that compliance will be difficult … the DOJ does not state that it is impossible.

What was the Congressional Intent?

Despite being instructed by both the Federal Appellate Courts and the U.S.  Supreme Court to, “look to the intent of Congress” prior to interpreting Immigration Law, this Judge failed to do so.

Title 8, Chapter 12, § 1252c, (b) Cooperation

We know what Congress intended  when Congress passed Title 8, Chapter 12, § 1252c, (b) Cooperation; because Congressional expressly stated what Congress wanted the Attorney General, the Department of Justice and the Department of Homeland Security to do; Congress instructed, “The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.”

This Congressional statement is the exact opposite of an “express preemption” of Federal Law, the statement is, in fact, an “express invitation” to the States. Congress’ language evidences an “express invitation” by Congress to the States, an invitation for the States to assist in the enforcement of Federal Immigration Law. The language also “orders” the Attorney General and his DOJ and the DHS to supply the necessary information.

Title 8 U.S.C. § 1373(c),

Title 8 U.S.C. § 1373(c), This Court makes reference to this section of Title 8 later in this opinion. The Court states. “DHS is required to “respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status …

Who placed this obligation on the Department of Justice and the Department of Homeland Security? The Congress imposed this requirement, this obligation. Unequivocal evidence of Congressional intent.

The LESC – “The Law Enforcement Support Center”

Later in this opinion Judge Bolton will discusses the LESC, however, Judge Bolton does not discuss the Congressional intent behind the LESC, what the LESC does nor will she acknowledge the accomplishments of the LESC.

From the LESC Website:  http://www.ice.gov/partners/lesc/index.htm   

The Law Enforcement Support Center (LESC) serves as a national enforcement operations center by providing timely immigration status and identity information to local, state and federal law enforcement agencies on aliens suspected, arrested or convicted of criminal activity. The LESC operates 24 hours a day, 7 days a week assisting law enforcement agencies with information gathered from 8 DHS databases, the National Crime Information Center (NCIC), the Interstate Identification Index (III) and other state criminal history indices.

So, the LESC was created to comply with Congressional mandates and the specific mission of the LESC is to provide the exact information to be requested under the Arizona Law by Arizona Law Enforcement Officers.

In addition to providing real time assistance to law enforcement agencies that are investigating, or have arrested, foreign-born individuals involved in criminal activity, the LESC also performs the following investigative functions:

The LESC is “chartered” to assist assists law enforcement officers in completing the exact law enforcement duties anticipated under the Arizona Law.

National Crime Information Center (NCIC) – The LESC administers and controls immigration related cases in this nationwide law enforcement consortium and criminal database for Immigration and Customs Enforcement (ICE).

The LESC Communications Center serves the law enforcement community with NCIC hit confirmation information. (As is required under Title 8, Chapter 12, § 1252c, (b) Cooperation.)

You can read the August 1, 1995 GAO report to Congress on the LESC here:  http://www.gao.gov/archive/1995/ai95147.pdf

The LESC defines its mission this way:

The mission of the Law Enforcement Support Center (LESC) is to protect the United States and its people by providing timely, accurate information and assistance to the federal, state and local law enforcement community—365 days a year, 24 hours a day.

The Law Enforcement Support Center (LESC), administered by U.S. Immigration and Customs Enforcement (ICE), is a critical point of contact for the national law enforcement community, providing a wide range of informational services to officers and investigators at the local, state and federal levels.

The primary users of the LESC are state and local law enforcement officers in the field who need information about foreign nationals they encounter in the course of their daily duties.

LESC technicians have ready access to a wide range of databases and intelligence resources, including the following:

ICE immigration databases;

National Crime Information Center (NCIC);

Interstate Identification Index (III);

Student and Exchange Visitor Information System (SEVIS);

U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) system; and

National Security Entry-Exit Registration System (NSEERS).

http://www.ice.gov/partners/lesc/lesc_factsheet.htm

The LESC has devised a “computerized contact screen” accessible by State and Local Law enforcement from their squad cars. The LESC “contact screen” has been incorporated into “State” computerized criminal investigation systems.

Over the last 6 years. LESC has processed nearly 10,000,000 (10 million) information requests from State and Local Law Enforcement Officers.

Over 90 percent of the “information requests” submitted to the LESC are submitted electronically. (Just like the NCIC System). Over 90 percent of the requests are processed in under 10 minutes … under 10 minutes. In the last 4 years the LESC has processed over 4,000,000 electronic queries. Electronic inquires are system based and system responded … they require no human contact. The NCIC system relies on electronic inquiries/responses.

http://www.ice.gov/pi/news/factsheets/lesc.htm    

NSEERS

From the Official NEERS web site:

The National Security Entry-Exit Registration System (NSEERS) also known as Special Registration, put in place after September 11, 200 , to keep track of those entering and leaving our country in order to safeguard U.S. citizens and America’s borders. NSEERS was the first step taken by the Department of Justice (DOJ)  and then by the Department of Homeland Security (DHS) in order to comply with the development of the Congressionally- mandated requirement for a comprehensive entry-exit program.

Through the Special Registration system, the U.S. government can keep track of the more than 35 million nonimmigrant visitors who enter the United States as well as some nonimmigrant visitors already in the United States. These individuals are required to register with immigration authorities either at a port of entry or a designated ICE office in accordance with the special registration procedures.

Nonimmigrant visitors who do not comply with special registration requirements or other terms of their admission to the United States during their stay will be considered out of status and may be subject to arrest, detention, fines and/or removal from the country.

http://www.ice.gov/pi/specialregistration/index.htm

Brief summary of preemption:

There are there “classifications” of preemption;

1). Express

2). Implied: Field

3). Implied Conflict.

The Department of Justice alleged that the Arizona Law, A.R.S. § 11-1051(B). Section 2(B), was prohibited because, “this section is preempted because (1) it will result in the harassment of lawfully present aliens and (2) will burden federal resources and impede federal enforcement and policy priorities.” Neither DOJ claim qualifies for protection under the Federal Preemption Doctrine. 

“Harassment” claims don’t qulaify for consideration under the “preemption doctine”.

The claim that the Arizona Law will “burden federal resources and impede federal enforcement and policy priorities.” fails to State an allowable  claim under the Federal preemption doctrine. When the alleged “burden” is created by an “act” or “acts” invited by Congress and anticipated  in the Congressional Legislation that created the “complaining”  Executive Agency, a claim of “preemption” cannot be sustained. In non-legal terms, an Executive Agency cannot escape the responsibilities and obligation specifically placed on the Executive Agency by Congress  by claiming, “but if we do our job, we will be too busy to do our job Congress, even if it is the job Congress gave us to do.”

The Congressional intent, manifested in: Title 8, Chapter 12, § 1252c, (b) Cooperation; Title 8 U.S.C. § 1373(c); the creation of LESC and NSEERS, (a creation “mandated” by Congress) gives clear and unequivocal evidence that Congress intends for State Law Enforcement Officers to routinely make inquiry concerning immigration status and that State Law Enforcement Officers  were expected by Congress to make routine contacts with the “Federal Executive Agencies” and obtain immigration status information as part of their daily law enforcement duties. Information that is to be obtained by State and Local Law Enforcement Officers form LESC.

Preliminary Conclusion:

The preliminary allegations of the DOJ do not state a cause of action under the “federal preemption doctrine”. The facts complained of in this case and discussed to this point, do not violate any law of the United States nor are they in vio;ation of the U.S> Constitution. The clear intent of Congress is that State Law Enforcement Officers are to make immigration inquiries and that the Federal Executive Agencies are “required by” Congressional “mandate”  to respond to the requests and that the Executive Agencies are “required” by Congress to provide the requested information. The Congressional intent is clear, expressed and specific. The Congressional intent is unequivocal.

Back to the Bolton opinion.

a. Mandatory Immigration Status Determination Upon Arrest

The Court first addresses the second sentence of Section 2(B): “Any person who is arrested shall have the person’s immigration status determined before the person is released.” Arizona advances that the proper interpretation of this sentence is “that only where a reasonable suspicion exists that a person arrested is an alien and is unlawfully present in the United States must the person’s immigration status be determined before the person is released.” (Defs.’ Resp. to Pl.’s Mot. (“Defs.’ Resp.”) at 10.)5  Arizona goes on to state, “[T]he Arizona Legislature could not have intended to compel Arizona’s law enforcement officers to determine and verify the immigration status of every single person arrested – even for United States citizens and when there is absolutely no reason to believe the person is unlawfully present in the country.” (Id.) The Court cannot interpret this provision as Arizona suggests. Before the passage of H.B. 2162, the first sentence of Section 2(B) of the original S.B. 1070 began, “For any lawful contact” rather than “For any lawful stop, detention or arrest.” (Compare original S.B. 1070 § 2(B) with H.B. 2162 § 3(B).) The second sentence was identical in the original version and as modified by H.B. 2162. It is not a logical interpretation of the Arizona Legislature’s intent to state that it originally intended the first two sentences of Section 2(B) to be read as … (Page 15, lines 9 to 25)

FOOT NOTE 5: Arizona acknowledges that this sentence of Section 2(B) “might well have been more artfully worded.” (Id.) (Page 15, line 27 & 28).

dependent on one another. As initially written, the first sentence of Section 2(B) did not contain the word “arrest,” such that the second sentence could be read as modifying or explicating the first sentence. In S.B. 1070 as originally enacted, the first two sentences of Section 2(B) are clearly independent of one another. Therefore, it does not follow logically that by changing “any lawful contact” to “any lawful stop, detention or arrest” in the first sentence, the Arizona Legislature intended to alter the meaning of the second sentence in any way. If that had been the Legislature’s intent, it could easily have modified the second sentence accordingly. As a result of this conclusion, the Court reads the second sentence of Section 2(B) independently from the first sentence. The Court also concludes that the list of forms of identification that could provide a presumption that a person is not an unlawfully present alien applies only to the first sentence of Section 2(B) because the second sentence makes no mention of unlawful presence: the second sentence states plainly that “[a]ny person who is arrested” must have his or her immigration status determined before release. A presumption against unlawful presence would not dispose of the requirement that immigration status be checked because a legal permanent resident might have a valid Arizona driver’s license, but an inquiry would still need to be made to satisfy the requirement that the person’s “immigration status” be determined prior to release. The United States asserts that mandatory determination of immigration status for all arrestees “conflicts with federal law because it necessarily imposes substantial burdens on lawful immigrants in a way that frustrates the concern of Congress for nationally-uniform rules governing the treatment of aliens throughout the country – rules designed to ensure ‘our traditional policy of not treating aliens as a thing apart.’” (Pl.’s Mot. at 26 (quoting Hines v. Davidowitz, 312 U.S. 52, 73 (1941)).) Finding a state law related to alien registration to be preempted, the Supreme Court in Hines observed that Congress “manifested a purpose to [regulate immigration] in such a way as to protect the personal liberties of law-abiding aliens through one uniform national . . . system[] and to leave them free from the possibility of inquisitorial practices and police surveillance.” 312 U.S. at 74. (Page 16, lines 1 to 28).

And what substantial burden does this activity place on those who are arrested … what is the substantial burden on those taken into custody … the DOJ is required to actually demonstrate a burden .. the DOJ is the moving party here … simply claiming a “substantial burden” does not “cut mustard”. 

The clear and unequivocal intent of Congress is for State and Local Law Enforcement Officers to make such inquiry during their daily routines. After all, the proof is in the fact that the LESC has processed over 10,000,000 requests for information over the last 6 years and that the LESC notes, in its mission statement, that Congress created the LESC specifically to reply to the requests from State and Local Law Enforcement Officials and that these Officials are expected to make such inquiry as a part of their normal law enforcement duties.

“Congress “manifested a purpose to [regulate immigration] in such a way as to protect the personal liberties of law-abiding aliens”…

Yes, the operative term in the Hines case is “law abiding”. The Arizona Law is not an “alien registration program”, to suggest that it is silly. An investigation of Immigration status is being conducted not on “law abiding aliens” but on those who have been arrested, before the arrested party is released.

Do you remember how many of the 911 terrorists were encountered by Law Enforcement Officers prior to flying the planes into the World Trade Center? Prior to 911 we lacked the systems to identify those terrorists and the fact that they were in this Country illegally. Today we do not.

The Hines case is not on point. What does a State registration system of those who have not been arrested, have to do with confirming an arrested suspect’s immigration status with the Executive Agencies chartered to provide local law enforcement personal with that specific information.      

Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked. Given the large number of people who are technically “arrested” but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification. (See Escobar, et al. v. City of Tucson, et al., No. CV 10-249-TUC-SRB, Doc. 9, City of Tucson’s Answer & Cross-cl., ¶ 38 (stating that during fiscal year 2009,

(Page 17, Lines 1 to 9)

I’m so disappointed in this Judge. I expected her to at least try to appear impartial and attempt to hide her political bias.

First: No State Law Enforcement Officer in any State is empowered to determine the “immigration status” of any individual. The DOJ and the DHS are charged by Congress to make that determination. The State Law Enforcement personal are charged with investigation, apprehension and inquiry … to make an immigration status inquiry to the appropriate Executive Agencies cretaed to handle such requests.

“burdens lawfully-present aliens because their liberty will be restricted while their status is checked”.

Truthfully, I’ve never read an argument with less merit or less insight. The Law Enforcement Officer is making an “inquiry” concerning an arrested suspect, so while the person may or may not be “lawfully present” they have been “arrested”.  As a “criminal violator” the individual’s criminal background will be checked through the NCIC data base regardless of immigration status. The NCIC, the National Crime Information Center is administered by the FBI and as previously noted, is linked to the LESC.  The LESC inquiry and the NCIC inquiry will be done electronically and over 95% of those inquiries are completed within 10 minutes. Only those who cannot “identify themselves”, “present appropriate identification” or “refuse to identify themselves” are burdened further.

From the Official NCIC web site: 

The National Crime Information Center, or NCIC, was launched on January 27, 1967 with five files and 356,784 records. By the end of 2009, NCIC contained more than 15 million active records in 19 files. NCIC averages 7.5 million transactions per day.

NCIC helps criminal justice professionals apprehend fugitives, locate missing persons, recover stolen property, and identify terrorists. It also assists law enforcement officers in performing their official duties more safely and provides them with information necessary to aid in protecting the general public.  

http://www.fbi.gov/hq/cjisd/ncic.htm

Even if the DOJ’s laughable argument were true, that the Arizona law “burdens lawfully-present aliens”, the burden cannot be removed by a claim of Federal preemption … Congress, after all, established the system creating the burden … remember the “burden” on the “suspect” is created by making an inquiry to an “Executive Agency” chartered to receive the inquiry in the first place … and the Executivew Agency has been instructed by Congress to respond to the inquiry …

Tucson used the cite-and-release procedure provided by A.R.S. § 13-3903 to “arrest” and immediately release 36,821 people).) Under Section 2(B) of S.B. 1070, all arrestees will be required to prove their immigration status to the satisfaction of state authorities, thus increasing the intrusion of police presence into the lives of legally-present aliens (and even United States citizens), who will necessarily be swept up by this requirement.6  The United States argues that the influx of requests for immigration status determination directed to the federal government or federally-qualified officials would “impermissibly shift the allocation of federal resources away from federal priorities.” (Pl.’s Mot. at 30.) (Page 17, Lines 8 to 17)

What a bizarre argument. “The influx of requests for immigration status determination directed to the federal government or federally-qualified officials would “impermissibly shift the allocation of federal resources away from federal priorities.”

As if the executive agencies are allowed to set their own priorities. As if the Executive Agencies are not “tasked” with specific “responsibilities”, specific “duties and specific “obligations” by Congress.

Never mind that fact that the DOJ is asking the Judge to accept the “hypothetical” argument that the Arizona Law would result in an “influx of requests” … so what if the law did create an “influx of requests” … the Executive Agencies receiving the requests were chartered to do just that in the first place …. receive immigration inquiry requests from the State and Local Law enforcement officers.

Can you imagine the DOJ arguing that a state law was unconstitutional because the law resulted in more letters being delivered to the Post Office …. The post office is the “Federal Agency” chartered to receive and deliver mail … can you imagine a claim that a state law is “unconstitutional” because “the influx of” mail to be sorted and delivered by the Post Office or federally-qualified Postal Officials would “impermissibly shift the allocation of federal resources away from federal priorities for mail delivery”.  

If this were not such a serious issue, this argument would be worthy of a good hard laugh.   

State laws have been found to be preempted where they imposed a burden on a federal agency’s resources that impeded the agency’s function. See Buckman Co. v. Plaintiffs’ Legal Comm., 531 U.S. 341, 351 (2001) (finding a state law preempted in part because it would create an incentive for individuals to “submit a deluge of information that the [federal agency] neither wants nor needs, resulting in additional burdens on the FDA’s evaluation of an application”); cf. Garrett v. City of Escondido, 465 F. Supp. 2d 1043, 1057 (S.D. Cal. 2006) (expressing concern in preemption analysis for preliminary injunction purposes that burden on DOJ and DHS as a result of immigration status checks could “impede the functions of those federal agencies”). (Page 17, Lines  18 to 28)

The major case cited by the DOJ and Judge Bolton,Buckman Co. v. Plaintiffs’ Legal Comm,  is clearly not on point. In citing Buckman the Court noted, “would create an incentive for individuals to submit a deluge of information that the [federal agency] neither wants nor needs”.

Under the Arizona Law information is not being submitted to the an Executive Agency, it is being sought from it … information the Executive Agency has been instructed, instructed by Congress, to provide …

The information being requested by Arizona Law Enforcement is the very information the Executive Agency is chartered to provide … it is the “reason” for the Executive Agency’s existence and answering the request and supplying the information is an “obligation” imposed on the Agency by Congress … answering the request is not optional … it is the job the Executive Agency was created to complete.

Foot Note 6:  The Court is also cognizant of the potentially serious Fourth Amendment problems with the inevitable increase in length of detention while immigration status is determined, as raised by the plaintiffs in Friendly House, et al. v. Whiting, et al., No. CV 10-1061-PHX-SRB. (Page 17, Lines 26 to 28)

The Judge’s Liberal activist leanings are showing again. The Plaintiff DOJ has not raised the issue of Fourth Amendment problems in this section of their pleadings and as this is a request for a preliminary injunction, it isn’t proper for the Court to consider this issue on its own accord.

Let us return, briefly to Title 8, Chapter 12, § 1252c, (b) Cooperation, for an examination “Congressional intent”.

“The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.” 

Congress did not qualify the duties of the Attorney General or the DOJ. The Congress stated that the Attorney General shall cooperate. Congress did not state that the Attorney General could cooperate when the Department of Justice felt like cooperating, that the DOJ could pick and choose when it wanted to cooperate, that the DOJ could selectively following this “instruction’. That the DOJ was excused from following this Congressional mandate if it were difficult or would strain resources.

Congress was unequivocal –  the DOJ shall respond. The word “shall” is an instruction, a directive, an order to cooperate, not a suggestion that the DOJ might want to cooperate. The Congressional intent is clear and unambiguous.

Read Part 1 here: https://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-1/

Read Part 2 here:  https://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-2/

Read Part 4 Here: https://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-4/

Mexican Drug Cartel Uses Car Bomb To Attact Police Patrol – 3 Dead, 9 Wounded

3 killed in drug gang attack on police in Mexico

CIUDAD JUAREZ, Mexico — Members of a northern Mexico drug gang rammed a car bomb into two police patrol trucks Thursday in the border city of Ciudad Juarez on Thursday, killing two officers and a medical technician, and wounding nine people.

Federal police said the attack — which may be one of the first uses of an explosive-packed car in Mexico — was in retaliation for the arrest of a top leader of the La Linea drug gang, Jesus Acosta Guerrero, earlier in the day.

Seven officers and two civilians were wounded in the attack, said a state police source who was not authorized to be quoted by name. He said the compact passenger car had apparently been carrying some kind of explosive or inflammable device when it rammed the police pickup trucks.

Federal police confirmed in a statement that the car rammed the patrol vehicles, but were not immediately available to confirm what, if anything the car was carrying.

Police said the man arrested Thursday, Acosta Guerrero, 35, was the “operations leader” of the la Linea gang, which works for the Juarez drug cartel.

It said he was responsible for at least 25 executions, mainly of rival gang members, and also ordered attacks on police.

Drug gangs have previously attacked Mexican soldiers and law enforcement officers with grenades and powerful rifles, but seldom have been known to use explosives.

http://www.chron.com/disp/story.mpl/ap/latinamerica/7110849.html

Update:

Mexico blames explosion in border city on car bomb

CIUDAD JUAREZ, Mexico (Reuters) – An explosion that killed at least three people in Ciudad Juarez was a car bomb set off by a cell phone, a Mexican military spokesman said on Friday.

The blast tore through an intersection in Ciudad Juarez across the border from El Paso, Texas, late on Thursday in what the security ministry said was retaliation for the arrest of a drug cartel boss.

“There were 10 kilos (22-pounds) of explosives, activated from a distance by a cell phone,” Enrique Torres, spokesman for the army in Ciudad Juarez, told Reuters.

It was not immediately clear what kind of explosive was used in the blast, or who was responsible.

It is the first attack of its kind since Mexican President Felipe Calderon took office in 2006, launching a war to crush powerful drug cartels that are vying for lucrative smuggling routes to U.S. markets.

http://au.news.yahoo.com/a/-/world/7598103/mexico-blames-explosion-in-border-city-on-car-bomb/

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