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    Senior Member Skip's Avatar
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    NCT :Feds screening Escondido gangs with criminal history

    Federal agent screening Escondido gang members with criminal history

    By: JO MORELAND - Staff Writer
    North County Times
    January 15, 2006

    ESCONDIDO ---- A federal immigration agent is screening documented gang members with a history of criminal activity in the city, and more than 30 may qualify for deportation, police Chief Jim Maher said last week.

    The effort to deport illegal documented gang members as well as people who have resident alien status, if they are involved in criminal activity, is part of a move toward what Maher described in December as a way to better handle crime-based illegal immigration issues in the city.

    Maher said then that his department was developing, among other things, a comprehensive policy that will include ways to deal with people in this country illegally who are involved in criminal activity such as drugs and gangs.

    The proposal is expected to be considered by the City Council this month.

    Maher said the policy won't apply to people who are here illegally but who aren't committing crimes.

    "I want to emphasize that none of these policies will change anything that we do with people living in the community who aren't committing any crimes," the police chief said. "We see that as a federal issue."

    It will be up to the federal government to decide who will or won't be deported, officials said.

    In a community where illegal immigration has become a major focus because of protests, housing, crime, politics and other issues, the latest police stance is cause for concern among some residents.

    "It seems like they are collaborating with the government on immigration issues," said Consuelo Martinez, spokeswoman for the Escondido Human Rights Committee.

    However, Martinez said, she has yet to meet with police about their immigration-related policies and she wants to know more.

    "Nobody is condoning committing crimes," Martinez said. "We just want to know what the policy is. We still have some questions."

    Maher said the goal is to broaden current police policy to consistently include misdemeanor offenders, something that has been done sporadically with special enforcement projects in the past, and turn information over to federal Immigration and Customs Enforcement agents.

    "We've been doing it," the police chief said. "We just haven't been doing it consistently. We're not going to limit it to any type of crime."

    Maher said he will be meeting with community groups, City Council members, an internal committee developed within the Police Department and others as he prepares and fine tunes the formal policy.

    He said he hopes to have a preliminary draft to start sharing next week, then a final draft within a month.

    "There are no deadlines, but it's a department priority," the chief said.

    Lauren Mack, spokeswoman for the federal immigration office in San Diego, said the agency now screens felons about two-thirds of the time at San Diego County jails. The jails don't routinely accept misdemeanor offenders.

    "I know that we're very deeply involved in the North County Regional Gang Task Force, and that would be one of our roles, documenting the (citizenship) status of gang members," Mack said.

    She said any gang member who is in the United States illegally is deportable.

    "Gang membership is not what makes the person deportable," said Mack. "They're here against the law."

    Legal residents here with a visa, however, have to have a criminal conviction before they can be deported, she said.

    Federal criminal deportations are made under the title of aggravated felonies, a category that has continued to expand in recent years in federal courts to include misdemeanors, according to the Transactional Records Access Clearinghouse, a Syracuse University-based project that reports federal government enforcement activities.

    Aggravated felonies now include crimes of violence, thefts and burglaries, drug and firearms trafficking, human smuggling, fraud or deceit with a loss of more than $10,000, and murder, rape or sexual abuse of a minor as well as attempting to conspire to commit an aggravated felony.

    Of the 186,641 federal deportations in the last fiscal year ending Sept. 30, almost half ---- 86,496 ---- were criminal removals. Since Oct. 1, federal officials have made 2,305 criminal removals.

    City Councilman Sam Abed said checking into the citizenship status of about 350 gang members in the city is one way to help reduce crime, and city officials are looking for other ways as well.

    "Gangs have become an issue for us," Abed said.

    On the other hand, the councilman noted, "there is a big difference between families who are illegal but who have an honest job and play by the rules, and a gang member or anyone else who is committing crimes in the city."

    As far as any effect on the city's budget, Maher said, the Police Department tripled the size of its gang team last summer, and he doesn't anticipate any additional budget needs at this time.

    "We have such an outstanding relationship with Immigration and Customs Enforcement," the chief said. "It solves a lot of problems for us."

    Officials with the Oceanside Police Department couldn't be reached for comment Friday about its handling of criminals and illegal immigration enforcement. Traditionally, the department has tried in recent years not to mix the two.

    Jan Caldwell, a spokeswoman for the Sheriff's Department, which provides law enforcement for most of North County in addition to operating the county's jail system, said the department doesn't have any enforcement similar to what Escondido police are pursuing.

    Neither does the Carlsbad Police Department, said spokeswoman Lynn Diamond.

    "And we're not developing any new plans with regard to that," Diamond said.

    Contact staff writer Jo Moreland at (760) 740-3524 or jmoreland@nctimes.com. Comment at nctimes.com.

    http://www.nctimes.com/articles/2007/01 ... 182300.txt

    Comments On This Story

    Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

    Someone notify Oceanside wrote on January 14, 2007 9:33 PM:"Finally a city is taking positive action with regard to gang activity. Oceanside's do nothing Mayor is going to hold community meetings to find out if Oceanside has a gang problem and our Public Defender Council Memeber is going to be working hard to keep these punks out of jail."

    About time wrote on January 14, 2007 9:53 PM:"Round them up and ship them out."

    escondido citizen wrote on January 14, 2007 10:01 PM:"correct me if im wrong but if your illegally here from the start your already a criminal, so shouldnt we be deporting all illegals alieans who live in escondido to begin with? last time i checked the word illegal is defined as something that is criminal or against the law, why are we avoiding the fact that all illegals who broke into the usa are criminals and should be sent back to there own countries. escondido is creating another immigration plan to clean up our town and there going after the problem and thats illegals. i hope they figure out a way to get it done because the citizens who live here are all backing the law. "

    B wrote on January 14, 2007 10:17 PM:"This is a great idea and I can't for the life of me figure out why it's not routine for all law enforcement agencies here in North Tijuana (I mean North County). Oh wait, I think I figured it out...economics. Consuelo Martinez, what's your beef? Are you looking to become an administrator for the ACLU? You say "It seems like they are collaborating with the government on immigration issues;" I certainly hope so! All law enforcement should work together, that's called communication and cooperation. Illegal aliens committing crimes should be sent as far from the USA as legally possible...If you disagree, you should be the first to go."

    Foreign Aggressors wrote on January 14, 2007 10:25 PM:"Being in the US illegally is a crime! All aliens in the United States who are required to be registered under the law (INA § 261 and 262 [8 USC § 1301 and 1302]) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263). A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime (INA § 265 and 266)."

    Finally Some Sanity wrote on January 14, 2007 10:40 PM:"Glad to see that the council has found something sane and legal to work on. Maybe they can accomplish something productive this time"

    Esco Local wrote on January 14, 2007 11:04 PM:"While I'm happy to get rid of criminal gang members, exporting a problem person to another country where they are going to continue criminal behavior isn't a positive for mankind. Putting them in jail is a positive. Also, exporting a person to a country where they don't even speak the language is setting them up for failure...and more crime."

    Muneca wrote on January 15, 2007 12:10 AM:"All deportation means for the legal resident is that they will be sent to El Centro in East County where they could stay for years before they are taken back to Mexico (Ching ching $$!) If they even do get sent back. I have a better idea. Let's send all the sex offenders to El Centro. It's far from schools and the general public. I can't tell you the last time I feared being a victim of gang violence. I can tell you the last time I feared being a victim of sexual assault. It was about an hour ago when I had to walk to my car in a dark parking lot."

    Skip wrote on January 15, 2007 12:13 AM:"YES YES YES Just like I have been saying all along. Deport the Illegal Alien gang members, and then deport the Illegal Alien parents of gang members, and then deal with who is left!"

    Adam wrote on January 15, 2007 12:19 AM:"RE : Maher said the policy won't apply to people who are here illegally but who aren't committing crimes. >>>> Let me think about that? I guess violating federal laws is not considered a crime? How can you use the word "Illegally" and "who have an honest job and play by the rules", in the same sentenence is beyond me. "

    Jimbo wrote on January 15, 2007 12:22 AM:"Hey Conseuleo Martinez, instead of worrying about our police enforcing our laws in this country, why not take your human rights movement down to Mexico where the Mexican government is creating an environment that forces people to live in poverty? Or appeal to our gov to create sanctions against them until they improve their condiitons? I might even support that."

    fed up wrote on January 15, 2007 1:16 AM:""policy won't apply to people who are here illegally but who aren't committing crimes" Isn't being here illegally committing a crime? What is wrong with this picture. "

    Greg in Oceanside wrote on January 15, 2007 1:51 AM:"It's time to take the kid gloves off and hammer gang members. If they want to think they're tough, the cops and feds need to show them how tough they really are and put them all behind bars and/or deport them if they're ILLEGAL ALIENS. It's high-time we all look at the gang problem facing our communities and get these punks off our streets. The punks have been doing their thing way too long and I for one am sick of it."

    escondido resident wrote on January 15, 2007 2:45 AM:"It's about time that something is going to get done with the gangs and illegals. The gang problem is getting way out of control. Maybe now the officials involved can reduce some of the crimes being commited and send the people involved back where they came from. hopefully this will help, because I feel escondido has gone down the toilet in the past 20 years. Lets get it back to being a nice place to raise our children!"

    Randy wrote on January 15, 2007 3:08 AM:"Are there any statistics regarding the percentage of those deported who subsequently re-enter the United States? If the re-entry rate is high, perhaps deportation does not really solve anything. Perhaps deportation is a panacea."

    El Guero wrote on January 15, 2007 4:15 AM:"Consuelo Martinez has some questions. I've got a question too. Will the families of illegal immigrant gang members also be eligible for deportation? I would think that they qualify under an expanded interpretation of the aggravated felonies category since they are guilty of harboring documented gang members. Deporting whole family units would clean up Escondido in a hurry."

    To Sam Abed wrote on January 15, 2007 4:21 AM:"there IS NOT DIFFERENCE between illegals who play by the rules and gang members who commit crimes. THEY ALL COMMITED A CRIME by breaking and entering our Country illegally. WHEN ARE YOU GOING TO GET IT??? The fact that they broke one law leads the breaking of others (fake documents for working status, free social welfare, driving without a license and insurance) The list goes on. The illegals children have to live with the stigma that their parents are lawbreakers for the rest of their lives. It is an never ending circle of lies. "

    RjM wrote on January 15, 2007 5:29 AM:"Just one federal agent? This is where our tax money should be spent instead on of the so called war on terror in Iraq. Do the math: One (documented GangMember + undocumented Alien) = Adios mofo. It would be a tax savings in the short run, getting rid of the scum in north county instead of baby sitting them with 'task forces'. "

    dave from oceanside wrote on January 15, 2007 5:40 AM:"Until we close the border, deporting these illegal gang bangers means nothing. They will be back in a week or two. For now lock them up in a cage in the desert until the border fence is built then boot their butts over."

    jim wrote on January 15, 2007 6:36 AM:"its about time....."

    Al wrote on January 15, 2007 7:04 AM:"Good job Sam Abed! Keep it up. Hopefuully, we'll have a safe city once these gang-bang losers are out of here."

    Paul
    wrote on January 15, 2007 7:13 AM:"Illegal and not committing crimes, sounds like an oxymoron! I love the NCT, better humor here in the news than on the comics page."

    On Mr. Abed's Comment wrote on January 15, 2007 7:30 AM:"It is an oxymoron to suggest that illegal aliens "who have honost jobs and play by the rules" are exempt from the crime they committed which is illegal entry to our country. Duh??? Honest jobs? What with forged papers and SS numbers? Geeezz. They are just living the "lie" and it will be with them and their families for the rest of their lives. They are not any better than the illegal criminal element. Crime is crime. Illegal whatever it is, is still illegal. "

    Ridgerunner wrote on January 15, 2007 7:47 AM:"Why is this news? Citizenship validation should be part of the process for the arrested and incarcerated. Law enforement procedures should enforce the law. If not we should stop calling it law enforcement. "

    Ray wrote on January 15, 2007 7:49 AM:"Now that is more like a step towards the right solution, not Waldron's political moves."

    morty wrote on January 15, 2007 7:51 AM:"At least somebody is trying to clean house. I will give them a chance.N.C.T.trys to put a paper out."

    Patriot wrote on January 15, 2007 8:13 AM:"Does anyone else see the humor in the Sam Abed quote, "families who are illegal but who have an honest job and play by the rules"? How is cutting into line ahead of other legal immigrants, securing a false identity and posing as a legal immigrant to fraudulently obtain employment playing by the rules? We should have sympathy for people abroad who wait patiently for years to immigrate in accordance with our laws, and arrive with the goal to learn English, learn U.S. history, assimilate, and become Americans. Legal immigrants strong in moral character are who built this nation. Truly we are a nation of LEGAL immigrants."

    Give me a break wrote on January 15, 2007 8:14 AM:"Shouldn't they have been doing this all along. Now all of a sudden this is going to be done. I hope that they don't just start to single out the Latino community. After all gang members come all different colors, and ages. A good example of this are the minutemen gangmembers. They are terrorist and should be treated no differently than any other gang out there."

    Starting point wrote on January 15, 2007 8:14 AM:"I Think even the open boeders activist can't argue that this is not a bad thing. We have enough Legal Criminals. Do we really need more illegal criminals. No, we don't. I think most can agree that a lot of the illegals are not committing violent crimes, but a handful are. Deport the murders and Rapist now. Deport the legal murders and rapist too."

    Hey Consuelo wrote on January 15, 2007 8:21 AM:"Take your homieclowns and go south! Take some of the rest of the freeloaders too! I have "human rights," including the right to not have to financially support lawbreakers who are in this country illegally!"

    Dickey wrote on January 15, 2007 8:23 AM:"Way to go, once again E.P.D. You're stepping up the plate where other departments won't. You're doing the job our tax money is paying for! Everyday - I'm proud of our E.P.D. Keep up the great work!"

    Look Martinez wrote on January 15, 2007 8:35 AM:"We live in the gang terrority, we see the crime, we see the illegals being shaken down for their pay. We see the graffiti we see the intimidation of the latinos, so my recommendation is that you invite all the gang bangers into your house. Oh and did I mention M13 is now in town! Nice people from El Salavador, use machettes on their victims. "

    Ali wrote on January 15, 2007 8:36 AM:"All deportation means for legal residents is that they will be taken to the immigration detention center in El Centro where they could stay for years before possible conviction and possible deportation. I got a better idea. Let's send all the sex offenders to El Centro away from schools and the general public. I can't remember the last time I feared being a victim of gang violence but I can remember the last time I feared being a victim of sexual assault. It was last night when I walked to my car in a mall parking lot. "

    Being here illegally .. wrote on January 15, 2007 8:40 AM:"IS A CRIME. Are the writers for NCT just stupid or ignorant?"

    Concerned
    wrote on January 15, 2007 8:41 AM:"My concern is how far we've slipped because of Latino activists like Conseulo Martinez. We need to get back to basics and enforce the laws and not worry about what people think. I don't care if gang members or illegal aliens are white, black, brown or green, they are breaking laws everyday and need to be jailed, deported, or both. No race has a free pass to committ crimes Conseulo!"

    Cal wrote on January 15, 2007 8:52 AM:"30 qualify to be deported, what a propaganda move. Try 30 million!"

    Fallbrook Ray wrote on January 15, 2007 8:58 AM:"Sorry to disagree with you Ray, I think Waldron's plan was sound, minors can't enter into a legally binding agreement or contract neither can illegal aliens. Thanks for taking my handle."

    Molly wrote on January 15, 2007 9:09 AM:"Being here illegally .. wrote on January 15, 2007 8:40 AM:"... Are the writers for NCT just stupid or ignorant?" And by so writing, he or she, proved that they qualify for both of the descriptors. Stupid: Limited cognitive capacity and Ignorant: uneducated and unaware. "

    Susie wrote on January 15, 2007 9:21 AM:"I don't understand how consideration for deportation only occurs after a serious crime has been committed or gang affiliation. Isn't it already a crime to be here illegally? Why does it have to take extreme measures to get a resolution in this country?"

    Randy wrote on January 15, 2007 9:22 AM:"What constitutes "criminal activity?" Outstanding parking tickets? Possession of cigarettes by a minor?"

    So is wrote on January 15, 2007 9:34 AM:"Maher saying he won't enforce any laws other than Escondido laws. Using his logic he should not enforce State laws, County laws or any laws that are not Escondido laws. Since when do sworn police get to determine what laws they feel like enforcing. Last time I looked United States Federal laws apply to everyone. Would someone tell Maher he lives in the US and thereby needs to follow the laws of the US and enforce the laws of the US. Or maybe he will let us ordinary citizens obey only those laws we like or want to obey. Chief, do your job and quit pandering!!! "

    What The ... wrote on January 15, 2007 9:43 AM:"Who is running things around here? Like it's not bad enough that these spineless punks are in this country illegally, breaking other laws on a daily basis, but a tax payer supported employee has to find other laws to charge them with so they can be sent back to their country of origin. I'll pay for a U-haul truck today to ship every one of these lowlifes back to the border, and for a whole lot less than it is costing to have a Federal agent find reasons to send them back."

    Add Your Comments or Letter to the Editor

    http://www.nctimes.com/articles/2007/01 ... 182300.txt

  2. #2
    Senior Member Skip's Avatar
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    To Randy wrote on January 15, 2007 9:53 AM:"A good question by "Randy". If one is committing a crime, they are conducting "criminal activity". If there are outstanding parking tickets, there may be a "bench warrant" issued. It is my understanding that such a warrant is not usually "high priority" but, if stopped for some other reason, can lead to arrest. Yes, a minor possessing cigs is committing a crime and someone with unpaid, overdue parking tickets is committing a crime and can be hauled in. The idea is to use all legal methods to rid us of gang-types and illegals. Note the phrase - all legal methods."

    Law Un-Enforcement wrote on January 15, 2007 9:56 AM:"So a person who broke the law to enter the country, drives a car without a license or insurance (3 crimes already), has to commit another crime causing a loss of $10,000 or more. Would that be hitting a legal resident, with the proper license, registration and insurance causing them a loss of $10,000 or more as a direct result of fraud or deceit? So the law obiding citizen suffers the loss while the illegal commits a total of 4 crimes before any legal action is taken? Wow, that is justice!"

    Randy wrote on January 15, 2007 10:08 AM:"The American Indians should round up everyone who is not American Indian, because they are all here illegally. Ship them all back to their continent of origin, then let them apply to the American Indians for readmittance. I hope you enjoy Europe in the winter!"

    Ramona wrote on January 15, 2007 10:11 AM:"How can families who are illegal "have an honest job and play by the rules", Mr. Abed? If a family is here illegally, they have already shown contempt for our rules and they aren't legally entitled to work. That being said, the illegal aliens that are killing others must be the first to be deported, followed by the violent offenders, DUIs, and then the rest."

    My thanks to the Escondido wrote on January 15, 2007 10:20 AM:"City Council. The National publicity had to have helped kick a few more people in the butt about the HUGE problems with ILLEGAL Immigrants that we have."

    Fed vs Local wrote on January 15, 2007 10:38 AM:"Local law enforcement like EPD, Sheriff's deps, Carlsbad PD, and other local police agencies cannot enforce federal laws like immigration. So don't go after the chief and other local law enforcement. They are only enforcing laws that they can legally enforce. I agree, there needs to be a better system in place. "

    John wrote on January 15, 2007 10:39 AM:"Citizenship? what if ther parents were illeagel and they were born here?Something to ponder.Deport the whole family."

    RSO wrote on January 15, 2007 10:41 AM:"RIVERSIDE SHERIFF'S WON'T ARREST CRIMINALS NO LESS ILLEGAL ALIENS. JUST LIKE NO ENFORCEMENT OF ARMED CRIMINALS DOWN TO PARKING ENFORCEMENT."

    Come on Sam Abed wrote on January 15, 2007 10:56 AM:"I can't believe you are comparing illegal immigrantation, a civil misdemeanor, to felony gang violence. You are the one creating the stigma. "

    HERE TO STAY wrote on January 15, 2007 11:04 AM:"One more time to all you angry white people, non-Latinos and white simpathizers. Latino/Mexicans aren't going anywhere. You can't get rid of us for good. Even if you deport us, we'll be back. We always come back. So let's be friends already. "

    Gang members should be treated as terrorists! wrote on January 15, 2007 11:22 AM:"Finally we are seeing the federal government get involved with the gang issues that have plaqued many communitites. Where have they been all these years? Thousands of people have died. Any documented gang member should immediately qualify to be shipped to quantanamo for a few years. When the government goes after gangs like they have with smoking we will see major changes and society will be better for it."

    Frida wrote on January 15, 2007 11:27 AM:"The phobies are back I see. I think police should NOT collaborate with immigration officials. It's out of their job roles. I have questions myself! Wasn't the police supposed to have a meeting with the public on this issue. Does anyone know when this will happen?"

    Frida wrote on January 15, 2007 11:28 AM:"I just heard the Encinitas Mayor on TV. He is one smart man, he even said municipal governments and entities should not do the work of the federal government! Right on mister!"

    Jeff wrote on January 15, 2007 12:05 PM:"""It seems like they are collaborating with the government on immigration issues," said Consuelo Martinez" But if Escondido can't pass local immigration-related ordinances because it is the federal government's domain, as was claimed in the lawsuits against the rental ordinance, then isn't that exactly what they are doing, deferring to the federal prerogatives on the issue? By the way, I suspect that the recent push in enforcement against criminal illegal immigrants is designed to enable amnesty for the masses of other illegal immigrants in the country by creating an "enforcement cover." What do you think?"

    Cal wrote on January 15, 2007 12:15 PM:"Americans, listen to HERE TO STAY, this is the invasionary force's mindset. Wake up from the Sl$$p, turn off the HD TV and get smart before its too late. The invaders are smarter then you."

    Quote from L.A. Mayor (Sanctuary City) wrote on January 15, 2007 12:16 PM:""We agreed that Los Angeles is the epicenter of the nation's gang crisis and an effective assault on gang crime will require increased suppression, intervention and prevention measures," Villaraigosa said after his 40-minute meeting with Gonzales in Washington, D.C. I watched Villaraigosa do an interview on TV Sunday morning. That guy sure could tap dance around the Illegal Alien issues. Even when asked direct questions, he never used the "IA" word in his answers. I laughed when he said that the amount of Illegal Aliens in gangs was no greater percent then the city population. What he failed to mention was that most people think that Los Angeles is more then 50% Illegal Aliens. LOL"

    Reardon wrote on January 15, 2007 12:19 PM:"Now we see who supports not just immigration (I think we all do), and illegal immigration (few do), but illegal immigration criminal gang activity! (Frida does!) At least Frida is marginalized...even the ACLU will not touch support for violent gang members. We are starting to draw lines...and almost EVERYONE opposes illegal gang activity. Almost everyone..."

    Divert the Masses on a Social Issue wrote on January 15, 2007 12:32 PM:"While you all are crying about the illegals taking over the country, Pinky and the Brain are ushering in Armeggedon. One problem at a time, please."

    So is wrote on January 15, 2007 12:36 PM:"Frida and Here to stay. Doesn't it make you feel proud that Escondido has turned into looking like TJ. Also it must make all illegals feel proud that because they can't figure out how to make their economy work so as to provide for their own they have to sneak in and ride the backs of those that do. There was a revolution in 1776 in which the Americans kicked the British out to form this great country. Why is it so difficult to kick the Mexican leaders out along with corruption etc and fix Mexico.."

    Frida is Fried wrote on January 15, 2007 12:47 PM:"Frida thinks that it's out of the range of responsibilities of law enforcement to combat crime? What is it that people do not understand that if you're in this country ILLEGALLY, you're breaking the law? Then, if you're here ILLEGALLY and committing OTHER CRIMES, that's okay? What is the thinking and mindset of that kind of philosophy? I salute law enforcement for using whatever tools they have to them to combat crime and make the city a better place. Maybe Frida should move to Oceanside. "

    to Frida wrote on January 15, 2007 12:57 PM:"I would hate to work with you..out of Job roles???Have you ever heard of rising to the occassion? Its time to cut the red tape and deport anyone who is here illegally and committing crimes!"

    To Frida wrote on January 15, 2007 1:03 PM:"Police officers should cooperate with immigration officials and it is part of their job roles. In a landmark United States Supreme Court ruling, Muehler v Mena, on March 22, 2005, the court ruled UNANIMOUSLY that a police officer does not need a reasonable suspicion to inquire about immigration status during a lawful police contact. It's no more discriminatory than asking for name, address, and date of birth. If it was, at least Justice Ginsberg (the formal ACLU general counsel) would have dissented. If a lawful inquiry reveals a possible immigration violation, the police officer is bound by his/her oath of office to act. If the officer's municipality directs the officer not to discuss immigration status with federal immigration officials, that municipality is in violation of section 642(a) of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act."

    Bank Robbery wrote on January 15, 2007 1:38 PM:"Is a Federal Crime, so my advise to the police is lay off and quit harassing Bank Robbers! Let the Federal Government deal with Federal issuses!"

    Cortez wrote on January 15, 2007 2:08 PM:"To What The...I'll Make a deal with you, I'll Pay half of the U-HAUL and even drive the Illegals back to mexico myself "

    Shark wrote on January 15, 2007 2:09 PM:"Police can already inquire about immigration status so long as they (IA)are being investigated for a public offense. Local/State police can enforce federal immigration so long as they are trained pursuant to section 287(g) of the Immigration and Nationality Act and 8 U.S.C. 1357(g) of the Homeland Security Act. Costa Mesa Police have already been doing this. EPD could follow."

    Skinny wrote on January 15, 2007 2:30 PM:"Let me get this right, we have "documented, undocumented illegal migrants" who are involved in criminal and gang activities. Round them up and send them back to where they started from. Maybe to get them closer to their homes - wherever - we can teach them the fine art of parachuting!"

    More On Muehler Case wrote on January 15, 2007 2:32 PM:"Thanks for the heads up on the Muehler case (544US93). More discussion is warranted. Mrs. Mena sued Officier Muehler for detaining her in handcuffs while the house was searched for a gang member suspected in a nearby shooting, and for asking about her immigration status. She was a permanent resident. The jury awarded her $60,000 for violation of her constitutional rights (4th amendment)! The Ninth Circuit ruled that Officer Muehler violated a 'requirement of particularized reasonable suspicion for purposes of inquiry into citizenship status.' 332 F. 3d, at 1267. No wonder police officers quit asking about immigration status! The Supreme Court threw out Mrs. Mena's case. No $60,000! No constitutional right to hide ones immigration status. The Supreme Court said, 'mere police questioning does not constitute a seizure. . .even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual; ask to examine the individual's identification; and request consent to search his or her luggage. . . Hence, the officers did not need reasonable suspicion to ask Mena for her name, date and place of birth, or immigration status.' So Escondido Police officers should ask for a person's immigration status and make a record of the response! "

    Draft Dodgers wrote on January 15, 2007 2:44 PM:"Even illegal alien males are legally required to register for the draft. http://www.sss.gov/MUST.HTM They also must register a change of address within 10 days of moving. A man who fails to register may, if prosecuted and convicted, face a fine of up to $250,000 and/or a prison term of up to five years. That is a felony!http://www.sss.gov/FSbenefits.htm We are not talking illegal immigrants who commit civil infractions--we are talking foreign agressors who are committing felonies! Every illegal alien male who fails to register for the draft should be deported! Our country has no need for such criminals/felons!"

    Ricardo wrote on January 15, 2007 2:51 PM:"The problem is, you have to take them somewhere they won't just be back in a week. Maybe the tip of Chile? Tiera del Fuego? "

    to HERE TO STAY wrote on January 15, 2007 3:20 PM:"so if you're planning on staying, could you please do us all a favor and learn the English language so that tax-payers don't have to waste any more money babying you, and giving you an easy way out."

    Catching Al Capone wrote on January 15, 2007 3:38 PM:"36 states require young men, 18 through 25 years old, to be registered with Selective Service to obtain or renew a driver's license or renewal. California does not. http://www.sss.gov/fsstateleg.htm California requires Selective Service registration as a precondition for state student financial aid. I doubt many gang members, who are illegal aliens, are registered!"

    Jimbo to Here to Stay wrote on January 15, 2007 3:39 PM:"It would be easier to "be friends" if all the criminal element was first eliminated. You should support this. And, by the way, I have plenty of Mexican-American friends. Even some family members. they don't support illegal aliens. They sure as HE** don't support illegal alien gang members"

    Escondido Resident wrote on January 15, 2007 3:40 PM:"Good job Chief Maher! I like that you have a vision and a plan to make it happen. It is also refreshing to see someone with courage to stand up and do what is right. I hope the Escondido City Council sees things your way and allows you to continue instead of getting in your way or having you distracted...focus is important right now and we do not need someone grandstanding or letting their ego get in the way of what you clearly have in mind to make our town a safer place."

    John wrote on January 15, 2007 3:42 PM:"Give Chief Maher more authority. He has good ideas, but does he have the staffing and funding to get them done? "

    mike wrote on January 15, 2007 4:00 PM:"just like skip said go back read what skip said"

    Read the back of wrote on January 15, 2007 4:30 PM:"your CDL, it cannot be used for employment, voter regristration, apartment rentals. So the next time some cop wants to see my id he can go whistle dixie as the id is to be used only while driving a car. Want to see my ID at the stores, get ready to be sued, it is to be used only for driving. "

    RG wrote on January 15, 2007 4:30 PM:"In-Your-Face writers such as Here to Stay and Frita are really doing the rest of us a favor. The more they write, the more determined many of us are to get the illegals out and keep them out, whether they are gang members or not. We don't need or want the in-your-face ilk trying to tell us what we can and can't do in this country. I may be limited in what I can do directly, but I will support and vote for those at local, state, and Federal levels who I believe will do the most to close the borders and eliminate this fast-growing problem of illegal invasion. Thanks Here to Stay, your message made it easier for me to feel good about doing my part in getting rid of illegals."

    Paul wrote on January 15, 2007 4:57 PM:"If NCT had been politically correct, they would have used the phrase "undocumented immigrants". So I think NCT is making progress. The police throughout most cities have predicated not to arrest illegal aliens. As I recall, the rational was/is that if a felony or crime is committed on an illegal alien, the victim (being illegal) would be reluctant to talk to the police. That is the background of the current parameters that Police Departments operate under."

    Congratulations to effective enforcement wrote on January 15, 2007 5:09 PM:"Will someone send this article to the Oceanside City Council?"

    Patriot wrote on January 15, 2007 5:11 PM:"Hold parents accountable for crimes committed by their juveniles. California has multiple laws on the books that make parents financially liable for damage and injury caused by their children. When arresting the parents, please remember to ask for immigration status, which as a previous post pointed out, is constitutional per the U.S. Supreme Court. Perhaps if parents face a real risk of deportation proceedings, they will discourage their children from joining gangs to begin with."

    Skip wrote on January 15, 2007 5:51 PM:""Undocumented Immigrant Gang Members" just does not sound right. Now if you rally wanted to be technically correct it would be "Illegal Alien" gang Members. "Illegal documented gang members", sounds kind of fuzzy to me."

    Top Ten Most Wanted in Los Angeles wrote on January 15, 2007 6:05 PM:"Akopyan, Bonilla, Campos, Contreras, Monarrez, Nistal, Perez, Reyes, Vargas, and Villa. Those are the surnames of the top ten "Most Wanted" in Los Angeles, as posted on the LAPD Website. Does anyone see a trend here?"

    Crime is down in L.A. but ..... wrote on January 15, 2007 6:07 PM:"The Los Angeles Police Department recorded 48 gang-related homicides in 2006, up nearly 30 percent from the previous year - including the slayings of two 15-year-olds. Equally disturbing, activists say, is that 85 percent of the victims of San Fernando Valley gang violence were Latino - even though Latinos comprise only about 42 percent of the area's population. "

    THIS IS THE PROBLEM ! wrote on January 15, 2007 6:27 PM:"Maher said the policy won't apply to people who are here illegally but who aren't committing crimes."

    Gang Homocides Way Up! wrote on January 15, 2007 6:50 PM:"Coming to a city near you! Of the 86 Homicides in the San Fernando Valley for 2006, 44 of them were gang related. That is over 50%. Remember the Los Angeles Area is less then 100 miles away. The cities in North County should be aggressively dealing with the gang problems before they get out of control, like in our neighbor cities to the North."



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    JANUARY 16, 2007

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