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  1. #1
    Senior Member HAPPY2BME's Avatar
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    Judicial Watch Goes to Court Monday to End Los Angeles Illegal Immigration Sanctuary

    capoliticalnews.com
    by Stephen Frank on 08/09/2013

    Judicial Watch Goes to Court Monday to End Los Angeles Illegal Immigration Sanctuary Policy

    The City of Los Angeles not only welcomes criminals from foreign countries, but protects them from being arrested or deported. Contrary to State and Federal law, the police in Los Angeles are not allowed to impound the cars of illegal aliens—even though if you or I were to caught driving without a license, our cars are subject to impoundment
    .

    Isn’t that what corrupt police departments do, they protect a class of criminals? The good news is that Monday, August 12 a hearing on this corruption is being held.

    “That’s when Los Angeles Police Chief Charlie Beck and the Board of Police Commissioners decided to put the interests of illegal aliens – who comprise “the vast majority of unlicensed drivers” [2] - ahead of the citizens of California by enacting Special Order 7, put into effect in April 2012.
    As reported by the Los Angeles Daily News [3], Special Order 7 requires that “vehicles of unlicensed drivers will only be impounded for a day, if that person has insurance, valid identification, has not caused an accident and has not been cited previously for unlicensed driving. An exception may be made in some cases if a licensed driver is immediately available to drive the vehicle away.”

    Judicial Watch Goes to Court to End Los Angeles Illegal Immigration Sanctuary Policy [4]

    Judicial Watch, 8/9/13

    I’ve said this before in this space many times. Illegal alien sanctuary policies are deadly and dangerous. And right now, Judicial Watch is locked in a battle against the City of Los Angeles to put an end to a sanctuary policy that places the citizens of California at great risk.

    In fact, on Monday, we will be in court on behalf of our taxpayer client, Harold Sturgeon, in a lawsuit that has been consolidated with another filed by the Los Angeles Police Protection League (the police union). The ACLU, on behalf of the Coalition for Humane Immigrants’ Rights of Los Angeles and LA Voice, has intervened to defend the LAPD policy.

    You can read Judicial Watch’s Court documents here [5]. But let’s quickly review the facts.

    In 1994, the California Legislature enacted changes to the California Vehicle Code that required police officers, under certain circumstances to impound the vehicles of unlicensed drivers for 30 days. And here’s why:


    • At the time, an estimated 1,000,000 individuals were driving in California without a license, and an additional 720,000 were driving on suspended or revoked licenses.


    • More than 20% of drivers involved in fatal accidents were unlicensed drivers.


    • A driver with a suspended license was four times more likely to be involved in a fatal accident than a properly licensed driver.


    So this was a problem of “critical interest,” as the Legislature noted – one that was endangering the lives of the citizens of California. California legislators felt compelled to act, and act they did, implementing changes to the California Vehicle Code that stood unchallenged for 18 years.

    That’s when Los Angeles Police Chief Charlie Beck and the Board of Police Commissioners decided to put the interests of illegal aliens – who comprise “the vast majority of unlicensed drivers” [2] - ahead of the citizens of California by enacting Special Order 7, put into effect in April 2012.

    As reported by the Los Angeles Daily News [3], Special Order 7 requires that “vehicles of unlicensed drivers will only be impounded for a day, if that person has insurance, valid identification, has not caused an accident and has not been cited previously for unlicensed driving. An exception may be made in some cases if a licensed driver is immediately available to drive the vehicle away.”

    What possible sense does this make so far as the safety and well-being of the citizens of California are concerned? Not a bit. Nonetheless, Special Order 7 has accomplished its objective. The number of cars impounded dropped from 28,796 in 2011 to 16,242 in 2012. So one can surmise that thousands of unlicensed drivers have been allowed back on the roads during this policy, likely leading to more accidents and more deaths.
    That’s why we’re in court. Now, let’s get to the legal arguments.

    As Judicial Watch noted in its original complaint, according to the California Constitution and California Vehicle Code § 21, “a local government has no authority to regulate or control any matter covered by the California Vehicle Code unless such authority is expressly granted by the State of California….Because the provisions of Special Order 7 are not within the purview of any express authorization granted by the State of California Defendants…were without authority to enact Special Order 7…”

    So, in other words, Special Order 7 was not only reckless and dangerous, but also unlawful from the start.

    This argument seemed to find some favor in the Superior Court for the State of California, where the case now resides. On January 17, 2013, Superior Court Judge Terry Green refused to dismiss the lawsuit, indicating that he required additional information. The judge also suggested the policy might violate state codes [6], which Judicial Watch has argued in its court filings.

    In the end, with the Motion for Summary Judgment, which will be filed with the court on Monday, our client “seeks to enjoin any further expenditure of taxpayer funds or taxpayer-financed resources to implement, enforce, maintain, or otherwise carry out the provisions of Special Order 7.” Our client further “seeks a judgment declaring that Special Order 7 is unlawful and void,” as it violates both the Vehicle Code and the California Constitution.

    These are strange times indeed, when the people at the top of the nation’s third largest police department are flagrantly acting outside the bounds of law, placing the very citizens they pledge to serve and protect at risk. And for what purpose? To throw a bone to the radical illegal immigration crowd.

    These types of policies must not continue. Stay tuned…

    http://capoliticalnews.com/2013/08/0...ctuary-policy/
    Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn

  2. #2
    Senior Member HAPPY2BME's Avatar
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    Media Advisory: Court Hearing on Taxpayer Challenge to Special Order 7

    August 09, 2013

    Controversial LAPD Program Benefits Dangerous, Unlicensed Drivers (Washington, DC) – Judicial Watch announced today that on Monday, August 12, California Superior Court Judge Terry A. Green will hear a taxpayer lawsuit filed May 8, 2012, over Special Order 7, which regulates the impounding of vehicles driven by unlicensed drivers. Named as defendants in the lawsuit are the City of Los Angeles, Police Chief Charlie Beck, and the members of the Los Angeles Police Commission.


    Judicial Watch seeks to stop the use of taxpayer funds to enforce Special Order 7, which limits LAPD officers’ discretion to impound vehicles for 30 days if the vehicles are driven by unlicensed drivers. In the lawsuit, Judicial Watch argues that the City, Chief Beck, and the Police Commission lacked authority to enact Special Order 7 because vehicle impounds are governed by state law, not local regulations, and state law gives police officer wide discretion to impound vehicles. Advocates for illegal aliens represented by the ACLU have intervened in the court fight to try to protect the City’s effort to water down state law.

    The Los Angeles Police Protective League, which represents the rank-and-file officers of the LAPD, also brought suit to challenge Special Order 7. The two lawsuits have been combined and are captioned Los Angeles Police Protective League v. City of Los Angeles, Case No. BC483052.

    Judicial Watch’s Director of Litigation, Paul Orfanedes will be available to the press following the court hearing.

    Date: Monday, August 12
    Time: 8:45 a.m. PT
    Location: Superior Court for the State of California, County of Los Angeles
    Stanley Mosk Courthouse
    111 North Hill St.
    Los Angeles, CA 90012


    Read more about LAPD, special order 7

    http://www.judicialwatch.org/press-r...ecial-order-7/
    Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn

  3. #3
    Super Moderator Newmexican's Avatar
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    DMV report adds to license debate

    Findings suggest that allowing illegal immigrants to become certified drivers could reduce fatal accidents.

    January 16, 2013
    |
    Ben Poston



    Tomas Venancio, 47, right, joins others at a news conference at La Placita… (Mel Melcon / Los Angeles…)

    Unlicensed drivers in California -- the vast majority of whom are illegal immigrants -- are nearly three times as likely to cause a fatal crash as licensed drivers, according to a study by the Department of Motor Vehicles. The report suggests that merely meeting the modest requirements necessary to get a license -- passing a written exam and driving test -- could improve road safety and help reduce the several thousand fatalities that occur in the state each year.

    For The Record

    Los Angeles Times Thursday, January 17, 2013 Home Edition Main News Part A Page 4 Local Desk 1 inches; 58 words Type of Material: Correction
    Unlicensed drivers: In the Jan. 16 Section A, an article about a Department of Motor Vehicles study of unlicensed drivers implied that the study included the statement that the vast majority of those drivers are illegal immigrants. While that statement is true, according to the office of Assemblyman Luis Alejo (D-Watsonville), it was not included in the study.



    "If you don't hold people accountable to acceptable standards, then we get people that aren't prepared and don't have the skill set," said Tyler Izen, president of the Los Angeles Police Protective League.

    The recently released DMV report is the agency's first significant analysis of unlicensed drivers in 15 years and adds fuel to the debate over whether illegal immigrants should be eligible for licenses.

    Immigrant rights groups say that granting such licenses would reduce fatalities and costly uninsured motorist claims. Insurance companies paid out $634 million in claims for collisions related to uninsured motorists in 2009, according to the most recent data from the state.

    It "really goes against public safety because the current law forces people who would otherwise be properly licensed to drive without one," said Angela Sanbrano, board president for the Central American Resource Center in Los Angeles.

    Critics, however, argue that giving licenses to undocumented immigrants merely rewards illegal activity.

    "One study shouldn't trump the obvious -- if you don't want illegal aliens in the country, why do you want to encourage them to be on the roads?" said Bob Dane, spokesman for the Washington-based Federation for American Immigration Reform. "It just defies common sense."

    The DMV report looked at 23 years of data on fatal accidents. Its conclusions were similar to the last such report in 1997, which looked at accident data from 1987 to 1992. The latest report was also the first analysis since a 1994 change in the state law that required all licensed drivers show proof of legal residency, which significantly increased the number of unlicensed drivers.

    Rough estimates put the number of unlicensed drivers at about 2 million, compared with the approximately 24 million licensed drivers.

    Many of the unlicensed motorists say they would get licenses if they could.
    Maria Galvan, a 42-year-old illegal immigrant in Los Angeles, said she has little choice but to drive to work, pick up groceries and take her daughters to school.

    "We need driver's licenses to be comfortable and be trusted and follow the law," Galvan said.

    Repeated legislative efforts to allow illegal immigrants to get driver's licenses have been met with stiff resistance.

    Former Assemblyman Gil Cedillo (D-Los Angeles) tried unsuccessfully nine times to get a law passed.

    But the political winds may be changing.

    Last year, Gov. Jerry Brown signed a law allowing some illegal immigrants who qualify for a new federal work permit program to get driver's licenses.
    Los Angeles City Councilman Ed Reyes said it was time to offer that opportunity to all illegal immigrants in California.

    "No matter who is behind the wheel, they need to be prepared and understand the rules of the road," Reyes said. "That's a significant issue when you live in a city that has a culture driven by cars."


    Assemblyman Luis Alejo (D-Watsonville) introduced a bill last week that would provide driver's licenses to anyone who can show they pay taxes, regardless of their immigration status.

    Los Angeles Police Chief Charlie Beck and L.A. County Sheriff Lee Baca said last year that they were in favor of such a measure.

    Supporters point out that granting licenses to illegal immigrants also could reduce the number of hit-and-run accidents. Unlicensed drivers leave crash scenes at significantly higher rates than licensed drivers, according to a 2011 national report from the AAA Foundation for Traffic Safety.

    "I suspect that the reason people hit-and-run is they are afraid of the consequences," said Izen, the police union president. "Maybe if they had a driver's license, they wouldn't run."

    There is budding support in the U.S. for expanding the pool of licensed drivers.

    In Illinois, a bill to allow special licenses for illegal immigrants passed the state Legislature this week, and Gov. Pat Quinn has pledged to sign it. Washington and New Mexico already have similar laws.

    But Dane, of the immigration-reform group said the effects of granting licenses go beyond just allowing people to legally drive. Licenses provide a legal foothold for residency, he said. They add another benefit that legitimizes the presence of illegal immigrants.

    "It's a gold-plated membership card into society," Dane said.
    The report also has added to the controversy over the Los Angeles Police Commission's policy change last year that eased car impound rules on unlicensed drivers.

    Unlicensed drivers stopped over minor traffic infractions no longer have their cars automatically impounded for 30 days. If the driver can show that he or she has auto insurance, valid identification and no previous citations for unlicensed driving, the car will be released.

    The L.A. police union filed suit to block the policy change last year, saying it would put dangerous drivers back on the road sooner. The new DMV research proves their point, Izen said.

    "It is our hope that in the new year, the DMV study will be the impetus for city officials to revisit this issue and show that they are serious about putting public safety first," he said.

    http://articles.latimes.com/2013/jan...pdate+Campaign

    It "really goes against public safety because the current law forces people who would otherwise be properly licensed to drive without one," said Angela Sanbrano, board president for the Central American Resource Center in Los Angeles.

    Forced? They should be forced to go home to their own country to drive. The entitlement mentality of these illegals is sickening. JMO


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