New Marty Lich article, published in "Michigan News".
California Special Order 40, an executive order issued by then LAPD Chief Gates, at the pressure of the LA City Council, is AGAINST CALIFORNIA LAW!

And THIS was the act, which served as THE MODEL to all major US cities, setting up sanctuary policies ...

Here is the link:

http://www.michnews.com/artman/publi...cle_9149.shtml

California and Immigration Laws
By Marty Lich
MichNews.com
Aug 22, 2005




"There is but one straight course, and that is to seek truth and pursue it steadily." -- George Washington

Just prior to leaving on vacation, I was sent something that caught my interest. Enough so that I mulled it over it for a few days and decided it merited a more thorough legal search. I always cross my “T’s� and dot my “I’s� before engaging my fingers. So I sent this item out to a few well-known advisors who are well-versed in law to see what they said. They said what I read and confirmed what my sender said they believed it said. Are you feeling a bit confused? You won’t be for long. In effect, in California, sanctuary city policies such as Special Order 40 are against California’s Penal Code.

The official California Penal Code, Chapter 5. ARREST, BY WHOM AND HOW MADE . 833-851.90

834b. (a) Every law enforcement agency in California shall fully Cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.

The part that most interested me was subsection (b) which states: With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:

C): Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.

It is against the law in California to have a legal sanctuary city policy like the following memorandum issued on November 27, 1979 by Daryl F. Gates, Chief of police.

Special Order 40; Enforcement of United States Immigration laws. Officers shall not initiate police action with the objective of discovering the alien status of a person� when discussing the arrest of said persons.

When an individual has been arrested previously, or is arrested on a high grade misdemeanor of felony offence, the arresting officer is to technically notify the headquarters section desk officer, detective headquarters desk and mark the arrest sheet “Undocumented Alien�

The arresting officer is further ordered by his department to NOT arrest or book persons for criminal (immigration) violation of Title 8, section 1325 of the Untied States Immigration Code (illegal United States entry).

Furthermore, Police Chief Gates wrote that his police officers will “provide courteous and professional services to any person in Los Angeles whether they are citizens, permanent legal residents or undocumented aliens.� That the public services will be “readily available to all persons, including undocumented aliens.�

The cost to California taxpayers for these “courteous and professional services� and results of “public (taxpayer) services being readily available� is more than $500 million tax dollars a year for criminal illegal aliens incarcerated in California jails.

Fact: fifteen percent of California’s prison inmates are undocumented aliens. And they are not specifically housed for immigration violations, they are incarcerated for other crimes they committed while residing in California.

Furthermore, the illegal immigrant prison population in California is growing. Right along with the unstopped flow of illegal aliens into our country.

From 1999 to 2003, the prison population of illegals in the state grew by 31 percent. Although taxpayers funding the Los Angeles County jail system spent $55 million housing illegal aliens in 2003, they received only $14 million in federal taxpayer reimbursements. Leaving $41 million in non-reimbursed costs.

On April 13, 2005, Heather Mac Donald, senior fellow at the Manhattan Institute for Policy Research gave testimony before our Congress citing case after case of sanctuary city policies and their disastrous results. One of her examples involved Carlos Barrera, an illegal Mexican who had been deported four years earlier for crimes he committed such as robbery, drugs, and burglary. He returned to the United States illegally and was stopped twice by Los Angeles Police Officers for traffic violations but was not reported to immigration authorities under Special Order 40 sanctuary city policies. Ultimately he was arrested for several crimes that included attempted rape of a five year old girl. Also given in Congressional testimony by Ms. MacDonald is the fact that 95 percent of all outstanding warrants for homicide in Los Angeles during the first half of 2004 were issued for illegal aliens.

And I wonder what the personal costs are to the victims of these allowed unlawful illegal aliens living under the protective umbrella of an illicit city order that allows their offenders remain there and to commit their crimes. Why do you suppose this is tolerated by your public officials who work for you? And what do you propose to do about it? Stand up and speak up? Or sit down and hope no one notices you at all? I hope your answer is “stand up�. Stand up for your rights, for your family, and speak up for your country that is based on the rule of the law.

Because sometimes law enforcement is enforcing the wrong law for the wrong reason. And two wrongs still do not make a right. No matter which way you add it up.

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Marty Lich may be contacted at Martyincol@Juno.com.