Thread: ICE tells Irving to stop turning over some illegal immigrant

Doesn't anybody want to do their job anymore? Its like pulling teeth to get people to get off their a** and do what they are being paid to do.

This is lame.

I found this on ICE's Official website. Secure Border Initiative
Read it carefully--does this policy only apply to OTM (other than Mexican). I am unclear what this all means....when referring to illegals in the first paragraph, does it mean all or just OTM? To me an illegal is an illegal with no exception to country of orgin. Is Homeland Security and Ice 'sorting-out' illegals based on country and granting a form of immunity to Mexican illegals with this initiative??????

http://www.ice.gov/pi/topics/immref/index.htm

Secure Border Initiative
The Secure Border Initiative (SBI) was unveiled November 2, 2005 by Department of Homeland Security (DHS) Secretary Michael Chertoff in an effort to tackle the serious threat to national security posed when illegal immigrants cross our borders, entering the United States. This multi-year plan is aimed at securing America’s borders and reducing illegal migration.

In addition to border operations, the initiative focuses on interior enforcement, and on strengthening efforts to combat document fraud and on monitoring the worksite. U.S. Immigration and Customs Enforcement (ICE) is achieving these goals through expanded fugitive operations and criminal alien programs, and an expedited removal process enabling ICE to quickly remove “other than Mexicanâ€

This is utterly ridiculous and should not be tolerated!

Will anyone join me in contacting Lou Dobbs regarding this story? The more emails the show receives concerning this news, the more likely it is to be noticed.

http://www.cnn.com/feedback/forms/form5.html?9

I think some countries limit the number of citizens we are permitted to return to their respective countries. As such in order to insure maxing out those limits ICE would, IMO, have to set quotas for certain races to achieve. This also would help prove they are not being racist and only picking on Mexicans. If all they did was deport Mexicans I would be pissed, I want them to deport at least one particular Cambodian too, which mean many Cambodian in order for them to get around toher.

Mexicans aren't the problem, Illegal aliens are the problem. We need to not allow discussions to be narrowed to the problem with Mexico only, that could be colored as being racist. All discussions and efforts should be directed at all illegal aliens and not just Mexicans. They can't do that without setting quotas. It's too easy to find illegal Mexicans, compared to other races.

[size=18]I just saw it on cw33 what next - So will they release Americans for trespassing or not report or charge some Americans with class C violations - we need to call our military and tell them we do NOT want our Government anymore [/size]

Moving to News.

Irving mayor surprised by feds' change
By PATRICK McGEE
Star-Telegram Staff Writer
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* Backlog threatening immigrants' hopes to vote Related story

Federal immigration authorities have laid down new guidelines that will reduce the number of suspected illegal immigrants handed over from cities like Irving for possible deportation.

Immigration and Customs Enforcement officials in Dallas e-mailed a set of guidelines to the Irving Jail asking officials not to refer suspected illegal immigrants to them if they were arrested for a Class C misdemeanor.

Because of that change, the number of suspects Irving turns over to ICE could drop by 60 percent, city officials said.

"We are surprised by this action," Irving Mayor Herbert Gears said. "In fact, we cannot imagine how the federal government will state that they will not enforce the law."

ICE spokesman Carl Rusnok that the move was made to use the agency's limited resources better and that the agency will still try to process people arrested for Class C misdemeanors when it can.

Class C misdemeanors include having an open container of alcohol in a vehicle, failing to appear in court for a traffic citation and writing a bad check.

Gears said police may still keep records of suspected illegal immigrants arrested for Class C misdemeanors.

Police spokesman David Tull said police won't change anything until they get something more official from ICE than an e-mail. But he said Irving police will follow the federal agency's lead.

"We always said ICE will be the one to determine any changes," Tull said. "Our procedure and guidelines are set, based on what they have. We can't change federal law or federal guidelines."

Irving's participation in the Criminal Alien Program has been a huge source of attention for the many deportations it generated. The referrals Irving made to ICE have resulted in more than 1,700 deportations since the program began in September 2006.

Hundreds of mostly Hispanic demonstrators marched on City Hall to protest the program, and on Tuesday their leaders praised the development as a victory.

"It's a great, great, great victory," activist Carlos Quintanilla said.

"They may say that," Gears said. "Their fight is with the federal government, and I am disappointed with the federal government. I feel like they've let us down."

The change applies to Oklahoma and the 128 counties in Texas that the Dallas ICE office oversees. Rusnok said the change was because other cities are starting their own programs, something that probably happened because Irving's many referrals got so much attention.

Grand Prairie, Garland and Farmers Branch police also have their own versions of the program.

City Councilwoman Beth Van Duyne said the development confirms what she has been saying about the need to deepen Irving's ties with ICE.

Van Duyne unsuccessfully tried to get other council members to have Irving enter into another ICE program that trains police officers to question people about their immigration status.

She has argued that this might be needed if other cities adopt the Criminal Alien Program and ICE no longer has the resources to continue full service to Irving.

"So exactly what I have been saying all along about this being a short-term solution has proved to be true," she said.

The guidelines that were e-mailed on Monday argued that advocates of tougher immigration enforcement could find good reason to not turn over people arrested for Class C misdemeanors for possible deportation.

A brief introduction to the guidelines said keeping the illegal immigrant here for prosecution could bolster immigration enforcement in the long run. A conviction could subject the immigrant to a formal removal, which would bring stiffer penalties if he or she tried to return to the U.S. after a voluntary removal.

"Dismissing criminal charges in favor of simply removing an alien criminal from the United States does not serve justice and undermines the CAP program," the guidelines say.
PATRICK McGEE, 817-685-3806
pmcgee@star-telegram.com

http://www.star-telegram.com/news/story/314882.html

Both articles added to the alipac homepage


http://www.alipac.us/article2731.html

The Dallas Morning News just added their take on this to the front page of their newspaper this morning:

http://www.dallasnews.com/sharedcontent ... cf45e.html

Migrant arrest policy altered

Feds limit deportation referrals in N. Texas to more serious crimes

12:00 AM CST on Wednesday, November 21, 2007

By BRANDON FORMBY and STEPHANIE SANDOVAL / The Dallas Morning News

Immigration and Customs Enforcement officials in North Texas will no longer detain most illegal immigrants arrested for Class C misdemeanors, citing a dramatic increase in referrals and limited resources.

The agency began notifying area cities this week that it wants to target for deportation suspected illegal immigrants charged with more serious crimes.

Dallas ICE spokesman Carl Rusnok said Tuesday that increased awareness of the Criminal Alien Program has led to a recent spike in referrals the agency receives from local law enforcement.

"These additional referrals required additional resources not immediately available," said Mr. Rusnok, whose office covers 128 Texas counties and all of Oklahoma. ICE officials are directing local law enforcement agencies to refer people suspected of being in the country illegally if they have been arrested on Class B misdemeanors or more serious crimes.

The agency will continue to look at those arrested for Class C misdemeanors if, for example, the suspect possessed a firearm or has an immigration warrant or a criminal record involving a Class B misdemeanor or more serious crime.

The new guidelines will enable ICE to "allocate our law enforcement assets in the most effective manner possible to address public safety and national security threats," according to a memo sent to Irving outlining the changes.

Mr. Rusnok said his agency will check those charged with Class C misdemeanors as resources permit. He noted that anyone in the country illegally is at risk of deportation.

Irving officials estimate that 60 percent of the more than 1,700 suspected illegal immigrants they have turned over to ICE for deportation since last year faced only Class C misdemeanor charges. Such charges include speeding, assault, public intoxication and hot checks. The penalty for Class C misdemeanors is a fine of no more than $500.

Class B misdemeanors include disorderly conduct with a firearm, prostitution and driving while intoxicated. Penalties include a fine of up to $2,000 and up to 180 days in jail.

Mayor complains

News of the latest guidelines re-ignited debate about how best to grapple with illegal immigration. Local and state officials expressed shock and frustration at what they say is a lack of resources and inaction by federal officials on immigration.

"We're cooperating in all the ways that we can to help them, and it's obvious they don't have the resources to get it done systemwide," Irving Mayor Herbert Gears said.

He said ICE declined to place holds on several suspected illegal immigrants in Irving's jail on Monday because they faced only Class C misdemeanors.

Hispanic leaders and activists for weeks have called for scaling back the program, which they say has deported people effectively for minor traffic violations. On Tuesday, they hailed the decision.

"We said to the Irving authorities that the way they were proceeding was wrong because ... they were not affecting criminals but families for totally unjustified reasons," Mexican Consul Enrique Hubbard Urrea said.

He warned immigrants from his country in September to avoid Irving so they wouldn't be deported.

Irving generated buzz

CAP has long been available to local law enforcement agencies. But national publicity about Irving's high number of arrestees turned over to ICE for deportation proceedings generated unprecedented attention in recent months.

Officials in other cities said Tuesday that they had heard rumors about the policy change but had not been formally notified. The move is expected to dramatically alter which North Texas arrestees are interviewed by ICE and held for possible deportation under CAP.

Sheriff's departments in Dallas, Denton and Collin counties and the Farmers Branch, Garland and Grand Prairie police departments are among the North Texas law enforcement agencies that use CAP.

"Today it's a big celebration for all immigrants that the CAP program is going to be revised and that illegal immigrants in Irving will not be deported for traffic citations," said Carlos Quintanilla, who has gained media attention for organizing rallies in opposition to the program.

He said his attorney plans to file a lawsuit this week challenging the constitutionality of CAP and disparities in how it is implemented.

Some Irving Hispanic activists who disagreed with Mr. Quintanilla's aggressive style opted instead to hold closed-door meetings to try to persuade Irving officials to scale back their use of CAP. They, too, considered the policy change to be good news.

"A program called the Criminal Alien Program should not be focused on misdemeanors and first-time offenses," such as running a stop sign or driving without a driver's license, said Alberto Ruiz, a co-founder of a group called Irving Forward, which defends illegal and legal immigrants and pushes for voter registration for those with U.S. citizenship.

Officials frustrated

State Rep. Ken Paxton, R-McKinney, said Texas and other border states are frustrated that the federal government is not following through on its job.

"If we've identified illegal immigrants, especially if they're committing crimes, it needs to be dealt with," said Mr. Paxton, who is also on the board of directors for the Texas Conservative Coalition. "They're not supposed to be here."

Farmers Branch Mayor Pro Tem Tim O'Hare said ICE's change in policy is telling.

"The first thing I think it tells you is how many people who are here illegally break other laws, other than just being in the country illegally," Mr. O'Hare said.

It's also indicative of the large number of illegal immigrants in the Dallas area, he said.

Mr. O'Hare spearheaded the attempted crackdown in Farmers Branch that included a proposed ban on apartment rentals to most illegal immigrants.

"The federal government can't handle this problem alone, and they need the assistance of cities and counties and states," he said.

Irving City Council member Beth Van Duyne said the city now needs to work closer with federal officials, who she said are not doing enough to support successful programs such as CAP.

"My fear all along has been that resources will begin to dwindle, and it was always a short-term solution and not a long-term solution, and that's what you're beginning to see," she said.

State Rep. Linda Harper-Brown, R-Irving, along with four other area lawmakers, recently praised Irving's efforts and urged other cities to join CAP to curb illegal immigration.

"This is an epidemic, and it's costing taxpayers millions of dollars," she said Tuesday. "There has to be a process to turn them over. I don't know why the feds are choosing to ignore the law."

Staff writer Dianne SolÃ*s and Al DÃ*a staff contributed to this report.

bformby@dallasnews.com;

ssandoval@dallasnews.com