VA Beach Mayor Blames ICE?

here is a response I got after the recent tragedy:

Thank you for your e-mail expressing your concerns regarding the recent tragic deaths in Virginia Beach of two precious teenaged girls killed by a drunk driver. Our City mourns with the families and friends of these young women who were taken in such a senseless act.

It has been reported that Virginia Beach is a sanctuary city. This is just not true. Our City Council has never enacted any laws that call for our employees not to report illegal immigrants to the federal authorities. In the case of the driver who is charged with killing these girls, our Police Department immediately notified the federal authorities that he has admitted to being in our country illegally. Immigrations and Customs Enforcement (ICE), which is a federal agency, has the authority to deport illegal immigrants. ICE has informed our Police Department that unless an illegal immigrant has committed a felony, they cannot respond to reports due to staffing limitations.

It has also been reported I personally “ordered” the Police Department not to contact the federal authorities. Again, this is completely untrue. Our City operates under the Council-Manager form of government and, as such, the Mayor is one of eleven Councilmembers with the same power as the other ten members. I do not have the authority to direct the Police Department, which falls under the supervision of the City Manager. I would never direct the Police Department in any of their operations, nor have I ever done so.

Please do not judge Virginia Beach based on the erroneous reports that have been made. Our City complies with all laws governing illegal immigrants, which have been set at the federal level. We will continue to enforce these laws to the extent possible, as well as all others laws, including driving under the influence (DUI). Our Police Department has the only DUI Selective Enforcement Team in Hampton Roads, and we lead other cities in arrests and reduced fatality crashes from 26 in 2005 to 17 in 2006. Even one fatality is too many, and we will continue our efforts to keep our residents and visitors safe.

Thank you for the opportunity to respond to your comments.

Sincerely,



Meyera E. Oberndorf
Mayor

FYI:
The Council-Manager form takes all voting rights away and makes citizens basically worthless.

The voters elect the councilmen, the councilmen/women HIRE a city manager. The mayor is just a figure head with no real power.

Imagine if Congress got to hire a president. There is no check or balance in this form of government as the Manager will do most anything he wants without repercussion and with 11 councilmen on the council it would take a lot of angry citizens to over throw their will.

http://en.wikipedia.org/wiki/Council-manager

DRAGON
I have to find it but the FED LAW gives the local and State entities the LEGAL POWER TO HANDLE ILLEGALS ALIENS. Including, btw, LAW ENFORCEMENT.

That's the damned rub of it all. And they're using the Federal as a justification but it's a falacy.

I'm not doubting what the mayor has said about ICE being notified, but if she really wanted people to believe her wouldn't she release some documentation showing the contact made to ICE?

Also what happened to that suspended 90 day sentence?

Come on sis, dig it up, and send the proper info to this copout, and see what kind of response you get. I'm familiar with the regulations you're referring to, but my books are still packed up, and some I can't find being due to moving too many times.

I have replied and asked a few more questions. Including what the mayor thinks of Hazelton and if the city council will get their police federal immigration training. We'll see what they say to that.

These are not in order and are not complete but should do for a start, HY :D

Quote:

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.S. Code Title 8 -- Aliens and Nationality
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part IX--Miscellaneous
Sec. 1373. Communication between government agencies and the Immigration and Naturalization Service

(a) In general Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

(b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity.
(c) Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.
(Pub. L. 104-208, div. C, title VI, Sec. 642, Sept. 30, 1996,110 Stat. 3009-707.)

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FEDERAL IMMIGRATION AND NATIONALITY ACT

Excerpts: Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he: • assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or • encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or • knowingly assists illegal aliens due to personal convictions. Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief. Recruitment and Employment of Illegal Aliens It is unlawful to hire an alien, to recruit an alien, or to refer an
illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work. It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

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It is not discriminatory, based on Federal Law, to deny housing to people who are not in this country legally or who cannot prove that they are in this country legally according to the following:.


U.S. Department of Justice
Civil Rights Division

Housing and Civil Enforcement Section

The Fair Housing Act

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of:
race or color
religion
sex
national origin
familial status, or
disability.
In cases involving discrimination in mortgage loans or home improvement loans, the Department may file suit under both the Fair Housing Act and the Equal Credit Opportunity Act.
Under the Fair Housing Act, the Department of Justice may bring lawsuits where there is reason to believe that a person or entity is engaged in a "pattern or practice" of discrimination or where a denial of rights to a group of persons raises an issue of general public importance.
Where force or threat of force is used to deny or interfere with fair housing rights, the Department of Justice may institute criminal proceedings.
The Fair Housing Act also provides procedures for handling individual complaints of discrimination. Individuals who believe that they have been victims of an illegal housing practice, may file a complaint with the Department of Housing and Urban Development [HUD] or file their own lawsuit in federal or state court. The Department of Justice brings suits on behalf of individuals based on referrals from HUD.

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O.k. sis, now go get 'em. I'm sure the Mayor would like to be informed of this.

I just can't find my Black's Law Dictionary. :evil: I know I have it here somewhere, but can't find the right box it's been stored in.

Quote:

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Originally Posted by Hylander_1314

O.k. sis, now go get 'em. I'm sure the Mayor would like to be informed of this.

I just can't find my Black's Law Dictionary. :evil: I know I have it here somewhere, but can't find the right box it's been stored in.

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Now YOU go get em HY! :D

Everyone must go get em.

Btw, use the net to pull up the goods

O.k. sis, I'll go get 'em. But it may not be a pretty sight! :wink:

I have to pick my Daughter up from her Mom's house for the weekend, first.

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Originally Posted by dragons5

here is a response I got after the recent tragedy:

Thank you for your e-mail expressing your concerns regarding the recent tragic deaths in Virginia Beach of two precious teenaged girls killed by a drunk driver. Our City mourns with the families and friends of these young women who were taken in such a senseless act.

It has been reported that Virginia Beach is a sanctuary city. This is just not true. Our City Council has never enacted any laws that call for our employees not to report illegal immigrants to the federal authorities. In the case of the driver who is charged with killing these girls, our Police Department immediately notified the federal authorities that he has admitted to being in our country illegally. Immigrations and Customs Enforcement (ICE), which is a federal agency, has the authority to deport illegal immigrants. ICE has informed our Police Department that unless an illegal immigrant has committed a felony, they cannot respond to reports due to staffing limitations.

It has also been reported I personally “ordered” the Police Department not to contact the federal authorities. Again, this is completely untrue. Our City operates under the Council-Manager form of government and, as such, the Mayor is one of eleven Councilmembers with the same power as the other ten members. I do not have the authority to direct the Police Department, which falls under the supervision of the City Manager. I would never direct the Police Department in any of their operations, nor have I ever done so.

Please do not judge Virginia Beach based on the erroneous reports that have been made. Our City complies with all laws governing illegal immigrants, which have been set at the federal level. We will continue to enforce these laws to the extent possible, as well as all others laws, including driving under the influence (DUI). Our Police Department has the only DUI Selective Enforcement Team in Hampton Roads, and we lead other cities in arrests and reduced fatality crashes from 26 in 2005 to 17 in 2006. Even one fatality is too many, and we will continue our efforts to keep our residents and visitors safe.

Thank you for the opportunity to respond to your comments.

Sincerely,



Meyera E. Oberndorf
Mayor

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I got the same response after sending the following;


I am a concerned American citizen that was apalled to learn from the O'Reilly report that an illegal alien that had at least one prior D.U.I. arrest in your city was recently involved in another D.U.I. incident that involved the death of American citizens.

This illegal person should never have been released without being turned over to I.C.E. after the first incident.It's unbelieveable that a city such as yours would tell law enforcement not to ask the immigration status of all arrestees.I would hope this isn't true and can't believe that it is.

Having visited your city in the past and enjoying my visit, (on vacation)I would be reluctant to visit there now knowing that people from other countries of unknown status could be in your city doing who knows what.This law or rule should be changed to protect innocent American citizens that live in and visit your city.

My wife has commented to me that she would never allow our family to vacation there again.

Oberndorf is little more than a puppet in Virginia Beach. The City Manager is James Spore and he's apparently elevated the desirability of Virginia Beach. Having been in this position since the early 90s, he's either slipping badly or his hands are tied.

I'm going after Spore and the individual Council members. Wonder what their auto-responders will cough out.