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    Senior Member JohnDoe2's Avatar
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    8,500 Illegal aliens deported from California, Jan. to May 2013. YEA

    Viewpoints: Bill would help California limit deportations

    By Cruz Reynoso
    Special to The Bee
    By Cruz Reynoso The Sacramento Bee
    Last modified: 2013-09-04T03:23:59Z
    Published: Wednesday, Sep. 4, 2013 - 12:00 am

    From the time of Solomon up to the present day, balance - the art of finding an equitable middle ground - has been a central principle of justice.

    To uphold that principle,I believe that Gov. Jerry Brown needs to champion the current version of the TRUST Act - Assembly Bill 4 - and resist misguided efforts by some to gut the bill.

    The measure by Assemblyman Tom Ammiano, D-San Francisco, would restore balance to unreasonable immigration "holds" in local jails that have wasted local resources, hurt families and sabotaged trust between law enforcement and immigrant communities.

    And the bill now represents a delicate compromise from last year's bolder version, incorporating the great majority of a framework proposed by the Governor's Office.

    Last year, Brown regrettably vetoed TRUST, but he embraced the bill's goals and pledged to immediately work on a modified version. Meanwhile, thousands more Californians have been unfairly deported.

    I've been anxiously waiting for progress, because the stakes are higher than ever for California to take decisive action to limit deportations.

    A federal immigration overhaul with a road map to citizenship has the best chance in decades. This could transform the lives of millions of contributing Californians who are Americans in all but paperwork. But these aspiring citizens are still at risk of being deported over trivial or discriminatory arrests.

    For example, Bakersfield resident Ruth Montaño was spared deportation this spring only after a public campaign challenged the unfairness of her arrest over barking dogs, which triggered a week-long immigration "hold" in the local jail. In fact, from January to May of this year, some 8,500 Californians were deported under holds issued through the dysfunctional "Secure Communities" deportation program. Most cases were not in ICE's most serious category.

    The TRUST Act would set a minimum standard for local law enforcement across the state, limiting when people may be held for extra time - beyond the point they would otherwise be released -solely at immigration authorities' request.

    The question is exactly which types of crimes "holds" should be allowed for. Bear in mind, the whole enterprise of holding people for extra time, at local expense, merely because ICE thinks it may be able to deport them is constitutionally suspicious.

    Based on my experience as an attorney and jurist, I believe the current version of the bill represents a reasonable middle ground and should be approved without delay.

    First of all, the TRUST Act which the governor vetoed last year allowed holds only for serious and violent felonies under California law, the same tight standard that triggers the first strike in our state's"three strikes"sentencing law. But Brown said in his veto he wanted immigration holds allowed for more crimes. And the present version does exactly that, listing many crimes that would authorize a hold.

    Second, an important feature of the bill as written is that holds would not be allowed solely on the basis of federal immigration violations like prior deportation orders or"re-entry"offenses. As 53 legal experts noted in a recent letter to the governor, these result from broken policies that tie immigration judges' hands and deprive many deportees of fundamental due process. People return after unfair deportations to be with their families and to work.

    In fact, our immigration system is so dysfunctional that the federal government considers many trivial, nonviolent misdemeanors to be serious, "deportable offenses," even for legal permanent residents.

    We need to the lead the nation out of this policy quagmire, not deepen it. So our local police and sheriffs should have nothing to do with enforcing these immigration violations, yet some within the California State Sheriffs' Association are apparently urging the governor to the contrary.

    The governor should respectfully decline that course of action. It would unacceptably blur the lines between local law enforcement and the immigration system, with negative consequences for public safety. In May, a scientific survey of Latinos in four cities, including Los Angeles, found police-ICE collaboration made 70 percent of undocumented immigrants less likely to contact law enforcement even if they were a crime victim.

    Finally, from my time as an attorney as well as on the bench, I know charges are sometimes overblown. We should uphold the principle of innocent until proven guilty - especially since ICE now gets fingerprint data of every single person at the point of arrest, anyway.

    Unfortunately, the TRUST Act now allows many immigration holds before someone has been convicted. But at least the hold is tied to a point relatively far along in the process. This key legal principle must not be eroded any further. For the sake of balance - and equity - I hope California will enact the TRUST Act as written.

    Cruz Reynoso is a former justice of the California Supreme Court


    http://www.sacbee.com/2013/09/04/5705089/bill-would-help-california-limit.html
    Last edited by JohnDoe2; 09-05-2013 at 04:17 PM.
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    Senior Member JohnDoe2's Avatar
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    In fact, from January to May of this year, some 8,500 Californians were deported
    They weren't CALIFORNIANS, they were ILLEGAL ALIENS who were caught in CA.
    Ratbstard likes this.
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    NO AMNESTY

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    16 mins ago - 8,500 Illegal aliens deported from California, Jan. to May 2013. YEA. Started by JohnDoe2, 09-05-2013 04:06 PM. california, criminal aliens ...
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    Sonoma County Sheriff Steve Freitas won't fight proposed state law on immigration cooperation

    By MARTIN ESPINOZA
    THE PRESS DEMOCRAT

    September 5, 2013, 5:46 PM

    Sonoma County Sheriff Steve Freitas, a strong opponent of a state bill that would limit cooperation between local law enforcement and federal immigration officials, said this week that he would not oppose the new law if Gov. Jerry Brown signs it.
    In a statement to a Latino community advisory group, Freitas said he would comply with the TRUST Act if it becomes law, even though he does not support it.
    The TRUST Act, by Assemblyman Tom Ammiano, D-San Francisco, would prohibit local police agencies from holding individuals on federal immigration detainers, or holds, unless they are charged or convicted of a serious felony or certain misdemeanors.
    Such holds are a crucial tool used by federal Immigration and Customs Enforcement agents to apprehend and deport undocumented immigrants who have committed serious crimes, the primary goal of ICE's jail-based enforcement policy known as Secure Communities.
    But immigration advocates have for years argued that Secure Communities casts a wide net that sometimes ensnares U.S. citizens, legal immigrants and undocumented immigrants jailed for minor offenses or charges that later are dropped. The immigration hold — which can last up to 48 hours beyond the time when an individual otherwise would be released from jail — gives ICE agents enough time to take custody of immigrants who are suspected of being in the country illegally.
    Immigration attorneys and advocates have called on local law enforcement to deny immigration holds in cases where no serious crime is involved. A number of legal experts, including California Attorney General Kamala Harris, have said that immigration holds are requests and that local law enforcement can use discretion in some cases.
    But Freitas has stated that immigration holds are mandatory. Not enforcing them would be a violation of federal law, he said.
    Jesus Guzman, chairman of the North Bay Organizing Project's immigration task force, said Freitas told him and other immigration advocates last year — when a previous version of the TRUST Act reached the governor's desk — that he would be “seeking relief from the courts” if the bill was signed by the governor. Brown vetoed the measure.

    On Thursday, Freitas said that he still opposes the TRUST Act because it conflicts with a federal mandate. But the sheriff said he would not challenge the law in court, announcing his decision in a statement to a Latino advisory group he created before becoming sheriff three years ago.
    “Since I am a California Constitutional Officer, I feel compelled to follow California law, even if I don't like it. County Counsel tells me that the risk to the County, the Sheriff's Office and to me as Sheriff would be minimal in this situation,” Freitas wrote.
    The statement ends with Freitas saying that “based on the risk being low, and the fact that I will be following a State law, I do not think we should use County money or resources to fight this. If the Feds want to enforce it, they can do that on their own.”
    Immigration advocates, who had been asking Freitas to back off what they viewed as threats to challenge the law in court, applauded his statement.
    “We really want to thank Sheriff Freitas for doing the right thing here,” Guzman said. “We're ecstatic. Sheriff Freitas was really that last voice in the State of California saying he would fight the TRUST Act if it passed.”
    Under Secure Communities, fingerprints and other biometric data of every person booked into county jails are checked against federal law enforcement databases and those of the Department of Homeland Security. Federal immigration officials are alerted in cases where an individual has a possible immigration violation.
    If the TRUST Act becomes law, an immigrant arrested on suspicion of a “straight misdemeanor” or a prior federal deportation order would not be subject to an immigration hold.
    Carlos Alcalá, a spokesman for Assemblyman Ammiano, said this year's version of the TRUST Act has a much better chance of passing than the old bill. He said a number of changes have been made to the legislation that satisfy concerns of both law enforcement and the governor.
    “Many of the amendments that were made were things that law enforcement wanted,” Alcalá said. “Essentially, they expanded the list of crimes for which somebody could be held. That was something the governor had requested.”
    Last month, 28 members of California's congressional delegation, including North Coast Representatives Jared Huffman and Mike Thompson, as well as Democratic Leader Nancy Pelosi, wrote to Brown asking him to sign the law.
    Evan Westrup, a spokesman for Brown, said in an email Thursday that the governor's office is “continuing to work constructively with the author and other stakeholders on this important bill.”
    Alcalá said the bill could go up for a vote on the Senate floor as early as today or next week. If passed by the Senate, it would return to the Assembly for approval of changes.

    Sonoma County Sheriff Steve Freitas, a strong opponent of a state bill that would limit cooperation between local law enforcement and federal immigration officials, said this week that he would not oppose the new law if Gov. Jerry Brown signs it.
    In a statement to a Latino community advisory group, Freitas said he would comply with the TRUST Act if it becomes law, even though he does not support it.
    The TRUST Act, by Assemblyman Tom Ammiano, D-San Francisco, would prohibit local police agencies from holding individuals on federal immigration detainers, or holds, unless they are charged or convicted of a serious felony or certain misdemeanors.
    Such holds are a crucial tool used by federal Immigration and Customs Enforcement agents to apprehend and deport undocumented immigrants who have committed serious crimes, the primary goal of ICE's jail-based enforcement policy known as Secure Communities.
    But immigration advocates have for years argued that Secure Communities casts a wide net that sometimes ensnares U.S. citizens, legal immigrants and undocumented immigrants jailed for minor offenses or charges that later are dropped. The immigration hold — which can last up to 48 hours beyond the time when an individual otherwise would be released from jail — gives ICE agents enough time to take custody of immigrants who are suspected of being in the country illegally.
    Immigration attorneys and advocates have called on local law enforcement to deny immigration holds in cases where no serious crime is involved. A number of legal experts, including California Attorney General Kamala Harris, have said that immigration holds are requests and that local law enforcement can use discretion in some cases.

    But Freitas has stated that immigration holds are mandatory. Not enforcing them would be a violation of federal law, he said.

    Jesus Guzman, chairman of the North Bay Organizing Project's immigration task force, said Freitas told him and other immigration advocates last year — when a previous version of the TRUST Act reached the governor's desk — that he would be “seeking relief from the courts” if the bill was signed by the governor. Brown vetoed the measure.
    On Thursday, Freitas said that he still opposes the TRUST Act because it conflicts with a federal mandate. But the sheriff said he would not challenge the law in court, announcing his decision in a statement to a Latino advisory group he created before becoming sheriff three years ago.
    “Since I am a California Constitutional Officer, I feel compelled to follow California law, even if I don't like it. County Counsel tells me that the risk to the County, the Sheriff's Office and to me as Sheriff would be minimal in this situation,” Freitas wrote.
    The statement ends with Freitas saying that “based on the risk being low, and the fact that I will be following a State law, I do not think we should use County money or resources to fight this. If the Feds want to enforce it, they can do that on their own.”
    Immigration advocates, who had been asking Freitas to back off what they viewed as threats to challenge the law in court, applauded his statement.
    “We really want to thank Sheriff Freitas for doing the right thing here,” Guzman said. “We're ecstatic. Sheriff Freitas was really that last voice in the State of California saying he would fight the TRUST Act if it passed.”
    Under Secure Communities, fingerprints and other biometric data of every person booked into county jails are checked against federal law enforcement databases and those of the Department of Homeland Security. Federal immigration officials are alerted in cases where an individual has a possible immigration violation.
    If the TRUST Act becomes law, an immigrant arrested on suspicion of a “straight misdemeanor” or a prior federal deportation order would not be subject to an immigration hold.
    Carlos Alcalá, a spokesman for Assemblyman Ammiano, said this year's version of the TRUST Act has a much better chance of passing than the old bill. He said a number of changes have been made to the legislation that satisfy concerns of both law enforcement and the governor.
    “Many of the amendments that were made were things that law enforcement wanted,” Alcalá said. “Essentially, they expanded the list of crimes for which somebody could be held. That was something the governor had requested.”
    Last month, 28 members of California's congressional delegation, including North Coast Representatives Jared Huffman and Mike Thompson, as well as Democratic Leader Nancy Pelosi, wrote to Brown asking him to sign the law.
    Evan Westrup, a spokesman for Brown, said in an email Thursday that the governor's office is “continuing to work constructively with the author and other stakeholders on this important bill.”
    Alcalá said the bill could go up for a vote on the Senate floor as early as today or next week. If passed by the Senate, it would return to the Assembly for approval of changes.

    http://www.pressdemocrat.com/article/20130905/articles/130909728#page=0
    Last edited by JohnDoe2; 09-05-2013 at 11:32 PM.
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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