Clifton and a 70-year-old immigration law
Friday, July 23, 2010
By TOM SULLIVAN

IN MY COLUMN of May 14 I told how Clifton Police Department, following the requirements of the Alien Registration Act of 1940 informed the Immigration and Naturalization Service (INS) Newark office that a man just arrested on a variety of criminal charges was an undocumented alien.
That 70-year-old law, signed by President Franklin D. Roosevelt, specifies that every alien resident in the U.S. shall be registered, fingerprinted, and issued a certificate that must be carried at all times, and displayed upon request. We are all subjected to a request for "Papers, please," when stopped for traffic or other violations, but obviously someone in the country illegally is not going to hold a valid driver's license, a U.S. Passport or Green Card.
The local perp had no such card, no valid identification, in fact, and Clifton detectives were following standard police procedure, in place for 70 years, by advising the INS.
According to the website of the U.S. Immigration and Customs Enforcement (ICE), the largest investigative agency in the Department of Homeland Security "Terrorism and criminal activity are most effectively combated through a multi-agency approach that encompasses federal, state and local resources, skills and expertise. State and local law enforcement play a critical role in protecting our homeland because they are often the first responders on the scene when there is an incident or attack upon the United States. During the course of their daily duties, they will often encounter foreign born criminals and immigration violators who pose a threat to national security or public safety."
That was certainly the case in New York City when an Islamic jihadist attempted to set off a car bomb in Times Square on a busy Saturday night. As Commissioner Ray Kelly later explained, prints found on the vehicle, when cross checked with "naturalization records," helped put a name and face to the would-be mass murderer.

IN 1996 THE Clinton administration, concerned about the growing number of illegals in the country and the criminal activity that goes with them, put through an addition to the Alien Registration Act of 1940 to be known as 287 (g). It was designed to delegate more authority to state and local authorities while demonstrating, in the words of the ICE on its website, "...how a shared approach to immigration enforcement can benefit their communities."
The Department of Homeland Security, created by the Bush administration after the terrorist attacks of 9/11, took 287 (g) a step further, inviting any state or local law enforcement agencies that wished, to sign memorandums of agreement (MOA) and receive special training for some of their personnel on the intricacies of 287 (g) and how best to round up illegal aliens.
Seventy-one public safety agencies in 26 states signed up in short order, including two in New Jersey, seven in Arizona, and others in Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Maryland, Minnesota, Missouri, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Utah and Virginia. New Mexico and Massachusetts were in the process of signing when the Department of Homeland Security website was last updated.
When the seven largest law enforcement jurisdictions in Arizona signed on to 287 (g) the governor was Jan Napolitano, who is now the Secretary of Homeland Security. The department's website states "The 287 (g) program has emerged as one of the agency's most successful and popular partnership initiatives...since January 2006 the 287 (g) program is credited with identifying more than 160,000 potentially removable aliens – mostly at local jails."
You are now better informed than President Barack Obama and Attorney General Eric Holder, judging by their actions in trying to stop Arizona, one of the states most heavily impacted by the influx of illegal aliens (480,000 according to federal estimates), from enforcing federal immigration laws. Secretary Napolitano solicits state help. Obama and Holder try to derail it. Go figure.



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