Thread: NJ AG gets Illegal Alien Law Enforcement RIGHT!

http://www.michnews.com/artman/publish/ ... 9676.shtml


Daneen G. Peterson
NJ AG gets Illegal Alien Law Enforcement RIGHT!
By Daneen G. Peterson, Ph.D.
www.MichNews.com
Sep 28, 2005




The following important news was announced by the office of the New Jersey State Attorney General (NJ AG): State orders cops to help U.S. immigration agents.(1) That was the headline. Unfortunately, once you read the article you will discover that New Jersey's elected officials and police departments are desperately trying to 'weasel out' of the ruling. All of the following point/counterpoint commentary reveals the sad and pathetic gymnastics exercised by those in power, to avoid following the AG's ruling. Keep in mind that these are the very people responsible for the enforcement of our country's laws. Read it, and weep for America!



ARTICLE: The [New Jersey] state Attorney General's Office says local police officers cannot refuse to assist federal immigration agents when they conduct raids in New Jersey.



COMMENT: Finally 'We the People' have found an American Patriot who will stand up for the law. But, why did it take so long to hear such an utterance from the person in command? We law abiding citizens have been waiting, and waiting, and waiting and crying out, for those in authority to take control of the overwhelming illegal alien invasion of America by ENFORCING OUR IMMIGRATION LAWS! It seems that New Jersey's Attorney General is the first to pronounce such common sense, legal reminders that are almost overwhelming in scope and importance. 'We the People' thank you!!

ARTICLE: The legal opinion could affect the way municipalities deal with illegal immigrants.

COMMENT: We hope it does . . . FINALLY! AT LAST!

ARTICLE: "A municipal governing body is without the authority to direct its police force to suspend the enforcement of a criminal law or to disregard an allegation of criminal activity," wrote Deputy Attorney General Dermot P. O'Grady.



COMMENT: This message needs to be 'shouted from the roof tops' in all the states that have sanctuary cities, such as Los Angeles, Houston, New York City, and Denver, to name a very few of them. And ditto for the sanctuary state of Maine.



One might ask, why it took so long for this ruling and pronouncement to be made, considering that it has been patently obvious for a very long time, that immigration laws were being ignored by the very people who are responsible for enforcing them? Not only ignored by default, but ordered by fiat to be ignored.



The next question is: Will the AG's rulings be obeyed? Judging by the actions of local municipal 'authorities' in New Jersey, as with other places across the country, there is little hope that compliance will occur. To find out how such 'rulings' can be subverted, read on . . .

ARTICLE: O'Grady was responding to the Princeton Borough Council, which sought an opinion on banning local officers from going on immigration raids. It is believed to be the first time the state has taken a position on local police involvement in immigration enforcement.

COMMENT: It boggles the mind that a town council anywhere in America would ever consider taking such a position. What have we come to in America that a town council would want to ban law officers from doing their jobs? No wonder Americans are angry and upset about the lack of enforcement that was, at first tacitly, and now openly stated.

Does the council have any concept that ICE consists of roughly 2000 agents to enforce the immigration laws that apply to 20 million or more illegal aliens? Who did the Princeton Borough Council think was supposed to help ICE? Perhaps 'We the People' should step-up and offer "to do the job the police are unwilling to do!"

ARTICLE: "Absent any specific direction from the attorney general or the county prosecutors," O'Grady wrote, "all county and municipal police officers are expected to either enforce or assist other agencies in the enforcement of immigration laws."

COMMENT: Duh!

ARTICLE: O'Grady's letter, dated Sept. 6, [2005] threw the Princeton Borough Council into a tailspin last week, as city officials, immigration lawyers and an assistant Mercer County prosecutor tried to determine what to do next. Because the opinion repeatedly referred only to "criminal activity," the council debated whether police would be obligated to assist in the far more common immigration cases brought under civil law.

COMMENT: Why is it that the police and municipalities keep trying to hide behind such flimsy technicalities. Notice that they are already busy looking for a 'loophole.' Immigration law is criminal law. Now they want to parse the words 'criminal activity,' emulating the Clintonesque 'that depends on what is . . . is' in order to 'weave and dodge' and avoid doing their jobs. The law, is the law, is the law. Just do your job and enforce ALL our laws!

ARTICLE: Officials at the U.S. Department of Homeland Security [DHS] stress that entering the country illegally is "an administrative violation." Although a federal statute does say that "improper entry" by an alien may be punishable by a fine or imprisonment up to six months (a misdemeanor in the criminal statutes), Homeland Security officials say the offense is usually handled with deportation under the civil code.

COMMENT: Notice that the DHS is 'stressing' that 'improper entry' is an 'administrative violation.' Read for yourself, the actual 'improper entry' law below (See Note 1), and notice that there is NO SUCH THING as an ADMINISTRATIVE VIOLATION. Improper entry is a CRIMINAL ACT WITH CRIMINAL AND CIVIL PENALTIES! The Department of Homeland Security has made a POLICY decision to handle 'improper entry' by illegal aliens as an 'administrative violation' thereby softening the impact and enforcement of the penalties that should be meted out for illegal entry. According to the Gallagher Law Library:

Administrative law is the body of law created by administrative agencies in the form of rules, regulations, procedures, orders, and decisions. Administrative agencies (federal, state, or municipal) perform regulatory functions such as licensing, rulemaking, and enforcing. The basic procedural standards for federal agencies are set forth in the Administrative Procedure Act (5 USC §551 et seq.) . . . Through delegation, agencies are given the power to make policy (rulemaking) and to apply policies in individual cases (adjudication).(2)

For many, the use of the term "administrative violation' would conjure forth something very casual, low key and of little import, which is why DHS 'stresses' its use. Such terminology and emphasis is deceptively similar to calling illegal aliens 'undocumented' when we all know that they are not just missing some sort of 'paperwork' (undocumented) but are illegal aliens, criminal violators of our immigration laws.

Just as the use of 'undocumented' is a euphemism for an illegal alien, so too is the use of the term 'administrative violation.' Both expressions are just another way for our government to 'hide the truth and seriousness' of the illegal alien's lawbreaking by 'parsing' what the law actually requires for disposing of serious illegal violations by using 'administrative law' which is a policy decision.

For too long people in authority have blatantly ignored our immigration laws. Because DHS and other law enforcement agencies have ignored their sworn duty to enforce our immigrations laws by applying the stated penalties, one might postulate that they themselves have become lawbreakers, guilty of 'aiding and abetting' illegal aliens to come to, reside and work unimpeded in America. It is a form of 'corruption by denial of the full force of our penal codes' or the full justice of our laws. A denial that thwarts our immigration laws stated penalties, and erases the effects of deterrence.

Shakespeare made this interesting and very appropriate point: "We must not make a scarecrow of the law; setting it up to fear the birds of prey and let it keep one shape, till custom make it their perch, and not their terror."

ARTICLE: Several council members said they realize that local police officers must arrest criminals. "But if we are not obligated to assist in the enforcement of civil laws associated with immigration, I would just [rather] not be involved," said Councilman David Goldfarb.

COMMENT: It is obvious that the council members, including David Goldfarb, do not know what they are talking about! ALL immigration laws are criminal laws with civil penalties in addition to the criminal ones, where the only difference between a felony and a misdemeanor is the length of incarceration. (See: Note 1, for the actual immigration law for 'improper entry by alien' quoted below).

Keep in mind, that the 'improper entry' law is just one of the crimes that illegal aliens commit. It does not include the additional laws they break by continuing to reside and work in America, which requires additional penalties. To help them out, here is a 'primer' for the town council:

Crimes are generally classified into different degrees of severity, including violations, misdemeanors, and felonies. Violations are punishable by a fine, misdemeanors are punishable by up to a year in a state penitentiary and/ or a fine, and felonies are punishable by a year or more in a state prison and/ or a fine.(3)

Criminal law defines crimes. Civil law defines legal obligations and contracts between persons.(3)

Oh, by the way, the term 'alien' is a proper legal term for a 'foreign national' who has entered our country. Terminology that has been a part of United States Immigration law for more the 200 years. The recent use of the term 'undocumented' was an euphemistic 'invention' foisted upon our pliant and willing government by racist Hispanics who want to keep our borders open so that the Mexican 'migrant army' can continue to invade our country with impunity.(4)(5)

Of course we all know that the media and our government have gleefully adopted the 'undocumented' term to 'soften' and 'cover-up' the illegal activities of the 'aliens' (foreign nationals) who have illegally invaded our sovereign nation. Maliciously devious, isn't it?

ARTICLE: However, a spokesman for the Attorney General's Office said police don't have the option of choosing which laws to enforce.

COMMENT: Thank heavens, sanity prevails!

ARTICLE: "Police officers have the duty and obligation to enforce the law," said John Hagerty, the spokesman.

COMMENT: Hooray! That's all that 'We the People' ask!

ARTICLE: "Municipalities do not have the authority to regulate how police enforce the law. A municipality cannot tell police officers to ignore certain laws and enforce others."

COMMENT: That's as it should be! Why did that ever need to be formally announced? Why hasn't this always been done? Why has it taken so long to be affirmed? Why has our government deliberately been 'turning a blind eye' to the illegal alien invasion. Why have they been so outrageously derelict in their constitutional duty to preserve, protect and defend the constitution which says: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (Article IV, Section 4 of the US Constitution)Our government and law enforcement officials need to understand that the longer the illegal aliens remain 'untouchables,' the more we law-abiding citizens realize that perhaps we too, need not obey the law. The final and inevitable outcome will be anarchy.

It is extremely important for those in positions of power, to understand that we remain a 'country of laws' only if 'We the People' choose to obey those laws.

ARTICLE: "The attorney general sets the standard."

COMMENT: It's about time! But . . . will the attorney general eventually bow to the huge pressure of the racist Hispanic and Latino open borders lobby and 'advocates?' Hispanics and others, command entree to the politically powerful through 'advisory panels' and 'immigrant rights' groups (notice the word illegal is missing) allowing them to gain special access or 'seat at the table' while ordinary citizens are denied. 'We the People' have repeatedly seen, in many, many places across the country, governmental officials back down from such mandates or rulings, once the pro-illegal alien crowd 'whines and snivels,' or makes demands. So . . . we shall see, if the Attorney General of New Jersey has enough 'backbone' to hold fast to the rulings announced.

ARTICLE: Drawing a distinction between the civil and criminal categories has been considered crucial by local officials in several New Jersey towns - as well as across the United States - who have argued that municipal police should not get involved in enforcing federal immigration violations that are administrative matters.

COMMENT: It is a FACT that entering, residing, and working here in America, without our permission, is a criminal matter. Unfortunately our government has chosen to deal with illegal aliens administratively. This does not abrogate the fact that it is their responsibility to arrest those who: break our laws to enter this country; break our laws to reside in this country; break our laws to work in this country; and, in many cases, break our laws to drive in this country.

By the adoption of such ridiculous 'hair-splitting' tactics and policies, local town councils are 'aiding and abetting' illegal aliens, another violation of our immigration laws, by providing de facto sanctuary cities that are allowing illegal aliens to continue residing here unmolested. Such policies are a violation of our immigration laws not to mention they are also precursors to ANARCHY!

ARTICLE: The issue reached a boiling point in New Jersey in the past year, when some towns - including Princeton - provided police support to federal immigration agents as they raided dozens of homes to arrest illegal immigrants who had ignored deportation orders [notice that they were not just 'plain vanilla' illegal aliens]. The collaboration drew bitter criticism from some community members [and who might they be???] and town officials, who said illegals would lose trust in [the] police and be reluctant to report crimes in which they were victims or witnesses.

COMMENT: Surely they 'jest' when they say 'illegals would lose trust' . . . how about us law abiding citizens who have 'lost trust' in our police departments because they are not arresting all those millions upon millions of illegal alien lawbreakers! Many believe that there is a two tier systems of justice here in America. One for us and one for the illegal aliens and the employers who hire them.

We are outraged and angry and we will make the 2006 election about the illegal alien invasion. We decry the injustice and insanity of police sanctuary cities for illegal aliens. We are furious that our immigration laws are not being enforced allowing illegal aliens to remain here unmolested, unless the commit a non-immigration crime. We are disgusted that the local police continue to stand back and say . . . "that's a federal law" which represents a bizarre and absurd dereliction of their duty as law enforcement officers.

ARTICLE: The deputy attorney general's opinion alarmed some Princeton officials who saw it as overly harsh and loaded with social, legal and financial ramifications.

COMMENT: What deranged commentary! They should be 'alarmed,' at the exposure of their dereliction of duty to perform their jobs. By an 'edict of surrender' they have allowed us law-abiding citizens to be surrounded and overwhelmed by a massive, lawless, illegal alien invasion. Why is it 'overly harsh' for the police to enforce our immigration laws? Why do they exist? Are they just some decorative 'wall paper?' For towns like Princeton, apparently so!

To read what police departments across America have said in opposition to the requirement of enforcing immigration laws go here: http://myweb.cableone.net/bembexia/lawimm.html. Be prepared to be nauseated by their 'lame' excuses. To see who else is fighting against having local police enforce immigration laws, go here: http://www.aclu.org/news/NewsPrint.cfm?ID=13683&c=22. It's a very long list of organizations and groups who have a 'vested' interest in keeping our borders open and our law enforcement reduced to eunuchs.

Those on the list represent groups or organizations who are either: Dependent on illegals to make money through services provided (lawyers, banks, mortgage companies, realtors, etc.); or to increase church attendance and fill parochial schools; or to provide social services for illegals, funded by taxpayer dollars, such as job training, subsidized housing, access to all manner of public benefits; or they conduct businesses that cater to illegals (providing ESL and other forms of education and literacy training, staff and obtain taxpayer funding for day labor centers, etc.); or ethnic groups, particularly the Hispanics and Latinos, who want to continue to increase their numbers to gain political and/or economic power in order to 'reconquista' America.

ARTICLE: Ryan Lilienthal, an attorney and former borough councilman who helped draft the Princeton ordinance, said he called O'Grady and asked: "Are you aware of the policy implications of what you are suggesting, or the budget implications you are suggesting for the state, the counties and municipalities?"

COMMENT: 'We the People' don't give a damn about policies or some budget considerations, or the "loaded social, legal and financial ramifications" . . . we want our immigration laws enforced!!!

It is also apparent that attorney Ryan Lilienthal, has 'no clue' about the cost of those 20 - 30 million illegal aliens the American taxpayers have been supporting.(6 - 12) Illegal aliens, financially and physically overburden our hospitals, jails and schools.(13 - 16) They bring down our wages.(17) They bring in new and previously eradicated diseases which we are required by law to treat and pay for with taxpayer dollars.(3) Many work 'off the books' or 'under the table' and don't pay ANY taxes.(1

In addition 'foreign nationals' send tens of billions of dollars back to their home countries, removing money from America that could help sustain and improve our economy! Mexico alone received $16.6 billion in 2004 and according to Mexico's President Fox, those remittances "are our biggest source of foreign income, bigger than oil, tourism or foreign investment."(19)(20) Too bad there isn't the same concern for American citizens' and legal immigrants' wages and benefits which are declining each and every year!(21)

ARTICLE: Lilienthal said O'Grady "clearly wasn't fully aware."

COMMENT: Who cares whether or not O'Grady understands the 'finer points,' we just want our immigration laws enforced . . . fairly, fully and equitably . . . by ALL for ALL!

ARTICLE: Princeton Police Chief Anthony V. Federico responded to the state ruling by drafting an order that tries to find a way to follow the law without harming the department's relationship with illegal immigrants.

COMMENT: This statement is such an egregious and outrageous affront to every law-abiding American citizen . . . that it defies a response! The chief should consider turning in his badge for malfeasance of office. If he wants to 'protect and defend' illegal aliens instead of enforcing our immigration laws which were created to protect ALL Americans he should be fired. His apparent 'high regard' for illegal alien lawbreakers is nauseating!

ARTICLE: "Local police agencies depend on the cooperation of immigrants, legal and illegal, in solving all sorts of crimes and in the maintenance of public order," the police chief said in the document. "Without assurances that they will not be subject to an immigration investigation and possible deportation, many immigrants with critical information would not come forward, even when heinous crimes are committed against them or their families."

COMMENT: Clearly we wouldn't need their help if they weren't here in the first place! They bring felonious criminals with them, not to mention they themselves are criminals many times over according to immigration law. Why on earth would we ever need to assure criminal illegal aliens that they won't be deported for reporting other crimes being committed by those same illegal aliens. Insanity reigns!



Note 1: THE IMMIGRATION LAW FOR IMPROPER ENTRY:



This is the law and penalties for just ONE of the laws that illegals break:

Section 1325. Improper entry by alien(22)
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.



(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of -
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

Oh this will get shot down in flames. NH had this happen earlier this year and a judge ruled that local cops couldn't enforce federal immigration law. NJ is about a million times more liberal than NH.

The open border lobby and the Latino ethnic political power advocates are taking the ICE generosity as a sign of weakness. The illegal aliens could be criminally prosecuted but are usually just civilly deported.

NHantiMassRedRebel

The situation is different in New Hampshire the local polivce were attempting to use state tresspass law to punish illegal aliens the ICE considered low priority. In New Jersey the municipal police were trying to avoid being part of the pick up teams organized by ICE which were going after high priority illegal aliens.