Jul 13, 2015

Politically Incorrect Cartoon Shows What Democrats REALLY Think of Illegal Aliens

By on Monday, July 13, 2015

Part of the sanctuary city story is how the Obama administration kneecapped the detainers that are the notices to local jurisdictions to hold arrestees until ICE can take custody of them. It, like so many other things, puts the lie to the “​deporter-in-chief”​ myth about Obama, who has done everything within his power (and beyond it) to eviscerate immigration enforcement. Ian Smith explains how the administration kowtowed to the activists on detainers in his piece on the home page today. I also found this CIS analysis of how the administration systematically undercut its own authority on detainers illuminating:

The campaign to undermine the use of detainers gained substantial momentum in February 2014, when Dan Ragsdale, then acting head of ICE, advised in response to an inquiry from a group of members of Congress on behalf of confused local law enforcement agencies, that “While immigration detainers are an important part of ICE’s effort to remove criminal aliens who are in federal, state, or local custody, they are not mandatory as a matter of law. As such, ICE relies on the cooperation of its law enforcement partners in this effort to promote public safety.”
Ragsdale’s assertion, which was backed by no legal rationale whatever, was momentous. Reportedly, staff in both the operations and legal divisions of ICE had put forth a different legal opinion, consistent with ICE’s long-established position that it expected other law enforcement agencies to honor and comply with its detainers, which Ragsdale overrode in formulating his letter. Their objections to his response were founded not just on institutional needs and policy, but also on federal regulation: 8 CFR 287.7(d), which says:
Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours … in order to permit assumption of custody by the Department.

Ragsdale’s move did not go unnoticed, including by jurists in the course of civil lawsuits filed by aliens and their pro bono attorneys at the American Civil Liberties Union (ACLU) and elsewhere, against ICE and against those state and local law enforcement agencies who honor the detainers. The federal Third Circuit Court of Appeals recently held that detainers were voluntary (overruling a district judge’s finding prior to Ragsdale’s policy change), thus permitting a civil suit against a county jail to go forward.
More telling is how ICE treated its “law enforcement partner” in this instance. It settled with the plaintiffs and deserted the jailer and sheriff’s offices, declining even to file an amicus curiae (“friend of the court”) brief, although the fundamental error in the case — filing a detainer against a citizen — originated with ICE itself. Nor was this the first time that ICE engaged in a strategy of “cut and run” from one of its erstwhile law enforcement partners. The same thing happened in Tennessee in 2012 and just recently in Oregon, where a federal magistrate ruled the Clackamas County jail’s strict compliance with an ICE detainer was unconstitutional because, it said, compliance with such detainers is voluntary.

The adverse effect of these decisions, especially when combined with ICE’s indifference toward its partner agencies, began to accumulate. Various law enforcement agencies nationwide issued statements indicating they would decline compliance with some or all immigration detainers. The number has since risen to more than 300 police and sheriff’s departments. While some of these agencies are in small jurisdictions where law enforcement agencies encounter criminal aliens less frequently, others include major metropolitan areas such as Chicago and New York, where the number of aliens held in a year’s time reaches into the thousands.
The risk — and the reality — is that arrested criminal aliens are being released into American neighborhoods before their identities can be confirmed and federal custody assumed. …
Congress should step in here, although real action will await a different president. …


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