City-Sanctuary-Policy-Plan

City-Sanctuary-Policy-Plan
By Marty Lich
MichNews.com
May 21, 2005

http://www.michnews.com/artman/publish/ ... 8287.shtml


Opening Act, part 2: CBS News Station 4 (Colorado) Investigates Fake Insurance Cards (http://news4colorado.com/topstories/loc ... 13714.html). “Denver Motor Vehicle offices simply turn away the holders of such cards, even though trying to pass one off as real is a crime. DMV officials at (Denver) county offices say they are not equipped to detain people with counterfeit cards and they don't call the police because they say police have more important crimes to investigate.�

The insurance industry experts say others are buying fake cards “because they are in the United States illegally� and “the bottom line is it costs everyone.�

If they know this, and they refuse to confirm illegal aliens are illegally here, using, and purchasing, fake documents such as automobile insurance cards, and they then go on to state they will do nothing such as report them, because “ the police have more important crimes to investigate�, does this now qualify Denver as a sanctuary city?

I questioned Denver’s Mayor Hickenlooper regarding HIS knowledge regarding Denver, Colorado, being a known sanctuary city. I raised those questions because an illegal alien, living and working here for a minimum of 10 months received 3 traffic citations by the Denver police during that time frame. This, despite Colorado having a state law of only 90 days to obtain a Colorado Drivers License in order to drive as a resident here. Moreover, if a person is employed during the 90 day grace period, they must obtain a Colorado Drivers License immediately. That is the law and is not open to debates or to question’s, it simply is what it is. Mr. Garcia-Gomez was issued three traffic citations 6 months after being employed and driving in Colorado. Twice he produced a Mexican Drivers License, but not a Colorado Drivers License. Mr. Garcia-Gomez, per Colorado state law, was not allowed to drive on our streets. He, by Denver City policy, remained free to drive about at will and the result was the cold-blooded murder of a Denver police officer by him. The suspect, Mr. Garcia-Gomez, then fled back to Los Angeles, California. Los Angeles is also a sanctuary city. His whereabouts are unknown as I type this.

The first answer I received from Mayor Hickenlooper’s staff was a very nice email by Ms. Tina Rae Gelt, the Mayor’s Administrative Assistant.

Feeling like I could make a difference in Colorado and maybe even in all of America, I responded with verifiable proof of illegal alien home loans in Colorado, subsidized housing for stated illegal aliens in Colorado, and even the illegal aliens who were arrested at Denver International Airport and illegal aliens arrested at Colorado’s Air Force Academy in recent months, with all of the illegal aliens having been issued security passes. This is the email and attached memo I received back. “Ms. Lich, I am attaching a copy of a memo by Denver City Attorney Cole Finegan for your information.� This was forwarded to me by Ms. Tina Rae Gelt. This memo was sent to Mayor Hickenlooper’s Chief of Staff, Michael J. Bennet, from the Denver City attorney four days after Officer Young was gunned down. As you read through it you will find Denver’s city attorney, Cole Finegan, correctly cites the Colorado driver’s license 90 day law, C.R.S.§ 42-1-102(81) and lists in order the dates of confirmation police contact, while driving in Denver, consisting of; October 20, 2004, March 7, 2005, and April 18, 2005. The traffic citation numbers are B053127, B087926, and B068028 and were issued to Raul Garcia-Gomez.

In effect, they show that yes, Denver is a sanctuary city. For if the laws of Colorado were upheld and not ignored, Mr. Garcia-Gomez would have been turned over to Immigration and Customs Services (ICE) by April 18, 2005 and he would have been deported for illegal United States entry. This past Mothers Day of May 8, 2005 would have turned out different for Mrs. Donnie Young. Her husband, Detective Young, would have lived to see his two children grow up. And Colorado residents would not have to assume the responsibility of caring for Raul Garcia-Gomez’s newborn citizen baby. A baby who was born in Colorado three weeks prior to the murder. And for you, the results would be not reading this story. Along with not reading the following city memo. But the laws were not upheld in Denver. Not our United States immigration laws and most certainly, not the Colorado driving privileges State law.

Denver is a safe haven for illegal immigrants, and Los Angeles is a safe haven for illegal immigrants. Because of that fact a funeral was attended in Denver and three more American children will be growing up without their fathers. Two of them are Detective Young’s children and one of them is Raul Garcia-Gomez’s child. And many American cities will be waiting to see if Mr. Garcia-Gomez will choose their town to live in next.

I find the ripple-effect of lawlessness to be immense.

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Opening Act, part 1: The Memo Confirmation:

Cole memo to Bennet re immigration & sanctuary 5-11-05.doc (36 KB)

M E M O R A N D U M
TO: Michael F. Bennet, Chief of Staff
FROM: Cole Finegan, City Attorney
DATE: Wednesday, May 11, 2005
SUBJECT: Denver’s Policies Regarding Cooperation with Federal Officials on Immigration Matters

Denver’s policies comport with federal law and do not “prevent� Denver law enforcement officers from cooperating with federal officials on immigration matters. There are no executive orders, regulations, or ordinances that establish a “sanctuary policy� in Denver. Congressman Tom Tancredo’s statements are inaccurate.

In 2003, the Colorado General Assembly passed the Secure & Verifiable Document Identity Act (the “Act�), prohibiting public entities from accepting identification that is not issued by a “state or federal jurisdiction or recognized by the United States government...� See C.R.S. § 24-72.1-101 et seq. The Colorado General Assembly carved out an important exception in the Act, allowing law enforcement officials to accept other identification documents. This exception allows law enforcement officials to accept other forms of identification, such as foreign issued drivers’ licenses.

A. Traffic Tickets Received by Raul Garcia-Gomez

In the past 7 months, Raul Garcia-Gomez received three traffic tickets:

B053127 was issued October 20, 2004, for no driver’s license, no insurance, and speeding. On December 20, 2004, he presented a valid Mexican driver’s license in court. Other charges were dismissed for lack of probable cause.

B087926 was issued March 7, 2005, for no driver’s license and no insurance. He was the victim in a traffic accident. On April 18, 2005, he presented a valid Mexican driver’s license in court and the no driver’s license charge was dismissed. The case was continued for him to produce proof of “after acquired� insurance. It is currently set for May 19, 2005.

B068028 was issued April 18, 2005, for disobedience to a traffic signal. At the time of the stop he produced a valid Mexican driver’s license. He paid the ticket on April 19, 2005.

None of the cases would have been treated any differently had he produced a valid driver’s license from any state or foreign country.

Pursuant to Denver Police Department (“DPD�) Operations Manual section 204.05(2)(a), “[n]o individual will be jailed on misdemeanor traffic charges, including D.U.I., unless one of the following criteria is met:

1. The identification of the subject cannot be reasonably verified.

2. The suspect has demonstrated combative behavior resulting in additional charges.

3. The suspect is wanted on an outstanding warrant.

4. The behavior of the suspect was willful or deliberate and threatened or created risk to public safety.�

Colorado state law exempts non-residents who possess a valid driver’s license “issued to such nonresident by his or her state or country of residence� from the requirement that they have a Colorado driver’s license. See C.R.S. § 42-2-102(1)(c).

Colorado state law defines “resident� as “any person who owns or operates any business in this state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state, whichever occurs first.� See C.R.S.§ 42-1-102(81).

The penalty for no driver’s license (set by state statute) is a $35.00 fine and a $5.20 surcharge.

B. The Denver Police Department Operations Manual:

The Denver Police Department Operations Manual, Section 104.52 entitled “Arrest/Detention of Foreign Nationals�, is intended to address procedures when a foreign national is arrested or detained by Denver Police. According to the Denver Police Department, it has been in effect for at least the past 20 years. It is our understanding that similar policies and procedures are used by law enforcement agencies around the country. As is standard and legal procedure by law enforcement personnel, an officer must have a “reasonable suspicion� that a crime has been committed in order to stop an individual. An individual’s foreign status is not in and of itself “reasonable suspicion� and thus cannot be used as a basis to detain and/or arrest an individual. Additionally, Section 104.52 has never been used or relied on to create a “sanctuary� for any foreign national. Furthermore, in accordance with Section 287 (g) of the Immigration and Nationality Act, in order for a state or local law enforcement organization to have the ability to enforce the federal law as set forth in the Immigration and Nationality Act, that organization must enter into an agreement with the United States Attorney General and, among other requirements, agree to provide training regarding relevant federal and immigration laws to its personnel.

Finally, within the Denver Sheriff’s Department, there is no practice for detaining a foreign national solely on the basis of their foreign status.

C. Denver’s Executive Orders

We are perplexed by Congressman Tancredo’s claims that Denver has a “sanctuary policy.� There simply is no basis for such a claim. Denver has two executive orders concerning foreign nationals, Executive Order 116 & 119. Denver’s executive orders do not compromise law enforcement and do not conflict with federal or state law.

· Executive Order 116 states that “the City will not tolerate unlawful discrimination in any form, and that the City remains firmly committed to the delivery of services to all of its residents.� Executive Order 116, issued in 1998 following changes to welfare law, establishes a policy against unlawful discrimination in the City’s delivery of services to foreign nationals. Executive Order 116 does not relate to local law enforcement.

Executive Order 116 does nothing to suggest that Denver has a “sanctuary policy� and is irrelevant to this matter.

· Executive Order 119, issued in 2002, establishes the City’s policy regarding acceptance of Mexican Consular cards and those of other foreign consulates. Executive Order 119 allowed Denver departments and agencies to accept consular identification cards, including specifically the Mexican Consulate’s Matricula Card, for identification purposes only, but also stated that state or federal law could require the City “to obtain different requirements.� The Secure and Verifiable Document Identity Act, described above, greatly restricted the application of this Executive Order. Denver enforces its Executive Order 119 consistent with state law.

cc: Denver City Council

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Americans, you now have to worry about a murderer moving into your state. Mr. Raul Garcia-Gomez’s illegal alien status, also known as unlawful presence in the United States, is still going to remain unchecked along with millions of others. Unless sanctuary cities stop being safe havens for illegal aliens. Only you can say enough is finally enough here.

Is Denver a great city or what!

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Email: MartyInCol@Juno.com