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REGULATORY ACTIVISM: A CLEAR AND PRESENT DANGER TO THE CITIZENS OF NEW YORK AND THE UNITED STATES

We are facing an unprecedented danger in our cities, states and federal government. The hyper-politicization of legislation relating to law enforcement. Corrupt legislators seeking to put forth legislation designed to attract campaign funding, media face-time and voter support.

A demonstration of this clear and present danger can be found in the currently proposed New York legislation known as “Int 0656-2011” and legislatively described as “A Local Law to amend the administrative code of the city of New York, in relation to persons not to be detained.”

Misreading and Misinterpreting the law?

Section 1. Legislative findings and intent.

The Council finds that although there is no agreement obligating them to do so, the New York City Department of Correction (“DOC”) cooperates with the federal Immigration and Customs Enforcement’s (“ICE”) Criminal Alien Program (“CAP”) by:

(i) allowing ICE agents to maintain a presence at DOC’s facilities,

(ii) allowing ICE agents to interview DOC inmates at DOC’s facilities,

(iii) sharing DOC inmate database information with ICE, including place of birth, and

(iv) honoring immigration detainers issued by ICE for up to 48 hours.

There are two major flaws with this section.

One, there is an absolute requirement for the City of New York and all of its entities to obey the Constitution of the United States in as much as it requires the government to provide for the safety and security of American citizens and to protect the sovereignty of the United States.

Two, there is no mechanism by which federal laws can be selectively bypassed by local or state legislative fiat.

Are the jails half-full of “innocent people?”

Additionally, the Council finds that in calendar year 2009, of the inmates in DOC custody with immigration detainers, 22.4% had a felony and 20.2% had a misdemeanor as their highest prior conviction. This means more than 50% of the inmates in DOC custody with immigration detainers had no prior convictions at all.

Of the inmates discharged to ICE from City jails in 2009, 20.7% had been previously convicted of a felony, 20.9% had a misdemeanor conviction as their highest prior conviction, and 49.3% had no prior convictions.

The Council further finds that the percentages were just as troubling in calendar year 2010. From January through November 2010, of the inmates in DOC custody with immigration detainers, 20.8% had a felony and 20.6% had a misdemeanor as their highest prior conviction. Of the inmates discharged to ICE from City jails during that time period, 18% had been previously convicted of a felony, 22.3% had had a misdemeanor conviction as their
highest prior conviction
, and 49.5% had no prior convictions.

In both 2009 and 2010, roughly half of the people at
Rikers on whom ICE issued detainers had no criminal convictions. The Council finds this is at odds with ICE’s stated goal for the CAP program, which is to”screen inmates and place detainers on criminal aliens to process them for removal before they are released to the general public.”

Due to budgetary constraints and generally lax jail identification procedures, one must question how many of these people “with no prior convictions” really have criminal backgrounds which are hidden behind false identification papers or the inability to obtain fingerprint and name matches. Common sense would tell you that foreign-born citizens are unlikely to have their fingerprints in the American database and because of the complexity of foreign names and forged or stolen credentials, the assurances to the citizens of New York and the United States that these people are not terrorists or repeat criminal offenders rings hollow.

Protecting criminals from lawful law enforcement?

In light of the fact that a significant percentage of the individuals at Rikers in 2009 and 2010 on whom ICE issued detainers through CAP appear not, in fact, to have any criminal record, the Council finds it is appropriate to take action to protect certain individuals from discharge to ICE from City jails.

The Council finds that the current level of cooperation between law enforcement and ICE facilitates the deportation of as many immigrants as possible, without regard to their criminal records or whether or not they actually pose a threat to society.

This is bureaucratic nonsense from politicians pandering to illegal aliens and criminals – in spite of their sworn oath to uphold the law and to protect the population. The thought that a municipality would protect criminals – yes, criminals who have violated federal and international law by breaching a nation’s sovereignty and who have most likely engaged in falsifying government documents or engaged in identity theft – over their citizens is and should be intolerable to law-abiding citizens who rely on their government for protection.

As for posing a threat to society – how many of the actual terrorist/hijackers appeared to “pose a threat to society” before that fateful day on 9/11? A day which should be burned into the hearts of New Yorkers.

The bullshitake justification …

The Council further finds that because cooperation between DOC and ICE is smoothing and expediting
the deportation process, such cooperation is eroding trust between immigrants and local law enforcement.

Such mistrust may make immigrant crime victims less willing to come forward and make the communities of New York City less safe. In particular, immigrant victims of domestic violence and trafficking must feel safe in reporting acts of domestic violence and trafficking to government authorities.

The Council notes that such victims often do not feel
safe contacting authorities because of their fears of retaliation
by abusers and traffickers who may attempt to use criminal justice systems to have them detained and deported, subjecting these victims to harm upon return to their home countries and leaving these victims’ children in the hands of abusers and traffickers.

Those who break the law should fear both law enforcement and the judiciary. It serves as a societal reminder that violating the law is unacceptable and is an affront to society.

Immigrant crime victims can come forward to report crime without the fear of prosecution. They are not incarcerated in local jails and subject to ICE scrutiny. This is a bogus argument which is intellectually dishonest.

How their abusers and attackers, being criminals themselves, can abuse the process and subject victims to deportation is unexplained. Unless these people have perjured themselves or reveal themselves to have committed a serious crime, there is absolutely no linkage between incarceration and ICE scrutiny.

And it is a simple fact of life that children follow their parents. If the parents are deported, their custodial children should also be deported along with them. As for relatives of deportees, that is an individual matter whether or not they are willing to self-deport to maintain familial ties.

Since when do politicians care about taxpayer dollars or anything other than themselves?

For all of these reasons, the Council finds that cooperation between DOC and ICE cannot be supported by the Council and should not be supported by tax-payer dollars. New York City -- home to millions of immigrants -- should not be a willing participant in a program that separates thousands of immigrant families each year without a concomitant benefit to public safety.

It is therefore the intent of the Council to limit the
cooperation between DOC and ICE by creating a category of persons who shall not be detained.

Tax dollars are extracted from tax payers on the premise that such funding will allow the governmental entity to protect and serve them – not circumvent the law to confer some special privilege on a criminal class of illegal aliens.

Law enforcement is a two-edged sword …

In promoting legislation of the Council to create a category of super-criminals, immune from the scrutiny and possible punishment of those who have violated federal law, I respectfully suggest that:

Melissa Mark-Viverito, Christine C. Quinn, Daniel Dromm, Helen D. Foster, Gale A. Brewer, Margaret S. Chin, Robert Jackson, Karen Koslowitz, Jessica S. Lappin, Rosie Mendez, Annabel Palma, Ydanis A. Rodriguez, Deborah L. Rose, Charles Barron, Sara M. Gonzalez, Julissa Ferreras, Stephen T. Levin, Leroy G. Comrie, Jr., Albert Vann, Fernando Cabrera, Inez E. Dickens, Maria Del Carmen
Arroyo, Letitia James, James G. Van Bramer, Mathieu Eugene, Diana Reyna, Larry B. Seabrook, James Sanders, Jr., Joel Rivera, Elizabeth S. Crowley, G. Oliver Koppell, Jumaane D. Williams, Brad S. Lander, Daniel R. Garodnick, Ruben Wills, Darlene Mealy, James Vacca, Mark S. Weprin, Peter A. Koo

as sponsors of this legislation be charged with the crime of aiding and abetting criminal activity and violating federal law upon the bill’s passage.

Bottom line …

We are a nation of laws. Any breakdown in the general application of the law for political purposes that disadvantages citizens or places them at further risk should be strongly resisted and those who legislatively aid and abet others in knowingly evading law enforcement should be themselves punished.

How many people remember that one of the reasons that 9/11 was not detected and prevented is because another democrat political hack, Jaime Gorelick, erected a wall between law enforcement agencies which so hampered the investigation of potential terrorism, that 9/11 because a scar on New York’s body politic.

Most terrorists are extremely careful to blend in and not break the law. In fact, the laws that they break – identity theft, forged documents, speeding – are the very laws that the Council wants local law enforcement to ignore when such behavior – especially if it is noted in multiple states – could raise red flags to prevent the next 9/11.

Therefore, fellow citizens and patriots, I suggest to you that there is a clear and present danger to ourselves and our nation from corrupt politicians who are pandering to illegal aliens and other criminals. A situation which demands that we vote these people out of office in 2012 and replace them with honest brokers who serve “We the People.”

-- steve

Reference Links:

Int 0656-2011


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