Sheriff Hennessey must have missed the dust-up surrounding Arizona’s strict enforcement law SB1070 where the Obama Justice Department said that immigration was a federal responsibility only and sued the state over that idea.
Recently the Sheriff announced he would begin releasing illegal aliens onto the streets of San Francisco, in defiance of the Secure Communities law. The lucky aliens to be released have been arrested on charges deemed minor, including disorderly conduct, drunk in public and shoplifting.
Does the minor charge category include drunk driving, a crime which has resulted in the deaths of many Americans? Unclear.
Furthermore, Hennessey’s act of defiance may catch on in other liberal sanctuary communities, where public safety is not valued. In fact, Gov. Pat Quinn has announced that he will withdraw Illinois from Secure Communities.
San Francisco Sheriff Michael Hennessey said today he will soon begin releasing undocumented immigrants held in county jail for low-level offenses even if federal immigration officials request that they be held as part of its controversial Secure Communities program.
The program, which requires fingerprints of undocumented immigrants booked into local jails to be shared with U.S. Immigration and Customs Enforcement officials, will not apply as of June 1 to people arrested for low-level misdemeanors in San Francisco, Hennessey said.
The sheriff said the decision to ignore Secure Communities requests to hold the low-level offenders came after a talk last November with David Venturella, the director of the program.
“During the course of that meeting, he revealed that ICE detainers are not binding on a law enforcement agency to honor,” Hennessey said. “They’re merely a request to hold the person, not a legally binding warrant.”
He said he also reviewed San Francisco’s sanctuary law and says his new policy is in line with the local policy.
“I’m enforcing the county law, and not violating either federal or state law,” Hennessey said.
ICE spokeswoman Virginia Kice said Hennessey’s decision “is unfortunate.”
Kice said, “The identification and removal of many criminal aliens would not be possible without the cooperation of our state and local law enforcement partners.
She said, “ICE detainers are an effective tool to ensure that individuals arrested on criminal charges, who are also in violation of U.S. immigration law, are not released back into the community to potentially commit more crimes.”
Three-year-old Marten Kudlis was killed as he sat in an ice cream shop by a crash caused by a vehicle driven at 80 mph by Francis Hernandez, a drunk alien from Guatemala who had been arrested 16 times but never deported. Two women in a pickup, Patricia Guntharp and Deb Serecky, were also killed. The killer was convicted on all counts in February and sentenced in April to only 60 years, far less than the maximum 108 years requested by the prosecutor. The punishment hardly seemed adequate for the deaths of three people.
A local paper had more information about the campaign ad:
DENVER – Tom Tancredo is running a television ad that blames his Democratic opponent in the governor’s race, John Hickenlooper, for causing the death of a 3-year-old boy.
The ad features Marat Kudlis, whose son, Marten, died in September 2008 when Francis Hernandez crashed into a pickup and sent both vehicles through the wall of an ice cream store, striking Marten. Two women in the pickup, Debra Serecky, 51, and Patricia Guntharp, 49, also died.
Hernandez was an illegal immigrant who had been in the United States most of his life. He had been arrested or contacted by police numerous times before the incident but never deported.
The boy’s father levels an emotional charge against Hickenlooper in the ad.
“I am sending you Marten’s picture, Mr. Mayor. Try to sleep at night knowing your policy contributed to his death,” Kudlis said.
I certainly hope the following story is accurate, which reports that DUI illegals will be jailed rather than be released to further endanger the public. The reason given is the death of Sister Denise Mosier (pictured left) at the hands of drunk-driving alien Carlos Montano (pictured right) in August.
WASHINGTON – Immigration officials now plan to incarcerate illegal aliens when they’re arrested for drunken driving, WTOP has learned.
“The message has gone out to the field offices: Take them into custody, and don’t let them out on bond,” a high-ranking source within U.S. Immigration and Customs Enforcement tells WTOP.
The new, tougher policy comes after the death of a Catholic nun, allegedly at the hands of an illegal immigrant with previous drunken driving arrests in Prince William County. Carlos A. Martinelly Montano, an illegal immigrant from Bolivia, was involved in the Aug. 1 crash that killed Jeanette M. Mosier and seriously injured two other nuns in Bristow. Mosier was know in her Benedictine Order as Sister Denise Mosier.
After a 2008 drunken driving arrest, Montano, 23, had been detained by ICE but was released on his own recognizance, pending a deportation hearing. Mosier’s death sparked outrage that Montano had not been in custody.
Earlier, ICE said Montano’s previous alcohol-related arrests did not meet guidelines for detaining him.
“So even after a first DWI we have the authority to take him into custody. People in custody tend to go through the deportation process much faster,” the ICE source said.
Prior to this change, under the Obama administration, ICE had focused on removing violent criminals from the country. Some, including Prince William County Commonwealth’s Attorney Paul Ebert, had argued repeat drunken driving should be grounds for removal.
Ebert says detaining them at the time of their arrest would not be a legal issue.
“They still have rights under our judicial system, but on the other hand, if they commit a crime and are here illegally, they don’t have any right to be released.”
Last week, a Prince William grand jury indicted Montano for felony murder, driving with a revoked license and maiming resulting from drunken driving — the first time Ebert has prosecuted felony murder based on DUI.
“The feeling is ‘this should never happen again,’” says the ICE official. “The decision has been made to treat them like they would violent criminals.”
ICE just noticed that drunk-driving illegal aliens kill? Remarkable.
Asked by WTOP to confirm details of the policy change, ICE spokesman Brian P. Hale issued a statement:
“ICE’s highest priorities are apprehending and removing convicted criminal aliens, aliens who pose a danger to the community, and fugitive aliens. Aliens who are criminals, public safety threats, and fugitives are a main focus for the agency. That includes aliens convicted of DUI, particularly those already ordered to leave the country.”
Even with the new policy, scarce space in ICE detention centers may mean not all impaired drivers will be taken into custody immediately.
“If you have a gang member and a first-time DUI and only one bed, you’re going to keep the gang member in custody,” the ICE source tells WTOP.
Prince William County Board of Supervisors Chairman Corey Stewart, who has been a sharp critic of ICE, says he’s “excited” by the decision.
“This is just the beginning. We have other dangerous criminals that ICE will continue to release until their deportations and that policy has got to change as well.”
Stewart has written to ICE requesting a list of all illegal immigrants in his county who have been released while awaiting deportation hearings. He says he has not heard from the federal government on his request.
Thanks to Ray Tranchant for speaking out as the father of teenager killed in a crash caused by an illegal alien. The public hears too little about the crime victims of unlawful foreigners; the liberal press prefers to swoon over foreign perps and their sufferings in pursuit of a “better life” rather than consider the human tragedies caused by open borders.
The accused killer, Bolivian Carlos Montano, had earlier been handed over to ICE for deportation (twice!) but instead was released onto American streets. He had spent 20 days in jail for two drunk-driving convictions, so was clearly a bad crash waiting to happen. An obviously dangerous illegal alien was released with deadly consequences.
My 16-year-old daughter, Tessa, was killed by an illegal immigrant in Virginia Beach three years ago while sitting at a stop light. Her friend Ali Kunhardt, 17, also perished instantly. […]
Alfredo Ramos, a previous DUI offender and alcoholic, seemed invisible in a system that was good at looking the other way. Virginia Beach and Chesapeake were being accused of being “sanctuary cities” as Bill O’Reilly and Geraldo Rivera screamed at each other during the national news hour. O’Reilly was right.
I know what sanctuary means more than most ever will.
Ramos was actually smug at the trial and took his lumps: 40 years in prison. There was nothing I could do but forgive him; forgiveness cleanses the soul. He was an uneducated foreigner patronized by local merchants who needed cheap labor.
Hundreds of thousands of illegals in Virginia do the same. We don’t share a border with Mexico, so the awareness here isn’t as great as Arizona or California.
But the dilemma in Arizona is more important to Virginians than it seems. Last Monday, Sister Denise Mosier was killed in Prince William County. An illegal immigrant from Bolivia with two previous drunken-driving convictions is charged with killing her and critically injuring two other nuns while driving drunk.
As with me, her friends say they have forgiven him and hold no grudges.
Later in the week, in response to this tragedy, the Secretary of Homeland Security said she would get to the bottom of why the illegals are not deported when they are repeat offenders.
Here’s what I would like to tell the Secretary: Ms. Napolitano, ICE was not there in 2007 when my daughter and her friend died. And, though ICE picked up the man who hit Sister Mosier, he wasn’t kept in custody and was sent back out the streets.
This problem is not new.
We know it’s not the people but the system that fails Americans again and again. There have been hundreds of similar stories in America since Tess and Ali died.
Rep. Luis Gutierrez from Illinois reminded me personally in a Congressional hearing that the solution lies with a comprehensive plan that includes amnesty. After all, he said, “they pick your grapes, clean your hotels and are then victimized.” Luis should worry about protecting U.S. Hispanics and instead of counting on prospective Hispanic votes.
But waving a magic wand over 12 million people will not solve this immigration problem. It worries me that we would even consider giving foreigners legal rights to Social Security, health care and school in a time of $14 trillion dollar deficits.
Consider that when 12 million get citizenship, 10 million of their relatives will migrate legally. Of course citizenship will make them pay into the system, but the amount won’t be realized for many years.
I don’t believe the current system can process this many people and verify that some are not criminals or terrorists, let alone pay benefits to new Americans.
On August 1, a previously arrested drunk-driving illegal alien killed a nun, Denise Mosier (pictured left), and seriously injured two others. The alien, Carlos Martinelly Montano (pictured right), had twice been handed over to ICE for deportation, but had instead been released into the community pending a deportation hearing (occasions which have notably poor attendance among those invited).
“ICE contacted me this morning, with great news for Prince William County citizens. They have agreed to release to Prince William County the identities and final disposition of every convicted criminal illegal alien apprehended in Prince William County, Virginia and turned over to ICE through the county’s 287(g) partnership,” Stewart said in a statement.
Stewart said his county’s police referred Carlos Martinelly Montano for deportation twice in the past after he served sentences for drunk driving convictions. But immigration officials released Montano, who allegedly killed Sister Denise Mosier and injured two other nuns in the Aug. 1 accident, on his own recognizance pending a deportation hearing.
“Regardless of which side of the aisle you’re on, or on this issue, we can all agree that if you are an illegal alien and you’ve committed a crime, that you should be deported afterward,” Stewart told Fox News on Friday. “But this guy had been twice handed over to immigration officials and twice released back into the community even though there was an immigration detainer on him. And of course he’s gone right back out and committed the same crime and killed a nun.”
This is good news if true. Dependable illegal alien crime statistics are normally hard to find and squishy. The government has routinely covered up, lied about and obfuscated the degree to which predatory foreign criminals have had their way in easy-going America. Authorities like to say they are pursuing the real bad guys, but recent history is replete with multiple cases of dangerous aliens arrested and released without being deported, with tragic results. (One crime that comes to mind is the preventable deaths of Tennesseeans Sean and Donna Wilson at the hands of a drunk-driving illegal who had been arrested 14 times without being deported.)
A recently released stat from ICE’s home office is that 120,000 criminal aliens have been deported in the last three years,/a>. That number is only 40,000 per year, and doesn’t count the crimes or classify them regarding violence and deaths. What’s needed is a true picture of the mayhem resulting from open borders and inadequate immigration law enforcement. Of course, all working aliens are job thieves (and may use a stolen Social Security number, a felony), which is not an insignificant crime during this employment depression.
Statistics are lifeless artifacts, which is why I have focused on the individual stories of crime victims for ImmigrationsHumanCost.org, but numeric information is required to develop adequate enforcement policy.
Anyway, the video below has more about Supervisor Stewart’s success in getting ICE to reveal local statistics, particularly the number of dangerous foreigners released instead of deported. Obviously the death of Sister Denise Mosier indicates the Obama gang is no more serious about criminal alien enforcement than previous administrations.
Reporting from Washington — Critics of the Obama administration’s decision to sue Arizona over its new law to control illegal immigration accuse the government of overlooking a more obvious target: the dozens of cities that called themselves a “sanctuary” for immigrants.
“Everyone has noticed the hypocrisy of the government going after Arizona and ignoring the sanctuary cities,” said Bob Dane, a spokesman for the Federation for American Immigration Reform. “They have it exactly backwards. Arizona is applying federal law, and sanctuary cities are violating it.”
Justice Department lawyers on Thursday asked a judge in Phoenix to block Arizona’s law from going into effect on the grounds it interferes with federal immigration policy. The law is due to take effect in the coming week.
The Justice Department lawyers say the government wants to catch and deport criminal immigrants, but it does not wish to take custody of hundreds of thousands of illegal immigrants who areotherwise abiding by the law.
Right, as if unlawfully occupying American jobs and using stolen Social Security numbers (a felony) makes the aliens “otherwise abiding by the law.”
But worse than that is the threat to public safety when the most violent foreign criminals are treated like privileged characters, which is what happens in sanctuary cities.
Heather MacDonald explained how the policy is seriously hazardous to public safety by allowing known criminals to roam free:
LAPD officers recognize illegal deported gang members all the time—flashing gang signs at court hearings for rival gangbangers, hanging out on the corner, or casing a target. These illegal returnees are, simply by being in the country after deportation, committing a felony (in contrast to garden-variety illegals on their first trip to the U.S., say, who are only committing a misdemeanor). “But if I see a deportee from the Mara Salvatrucha [Salvadoran prison] gang crossing the street, I know I can’t touch him,” laments a Los Angeles gang officer. Only if the deported felon has given the officer some other reason to stop him, such as an observed narcotics sale, can the cop accost him—but not for the immigration felony.
The most important argument against alien sanctuary is the increasing list of crime victims, including Los Angeles high school football star Jamiel Shaw (shown) who was killed by an illegal alien gangster one day after the criminal was released from jail without being deported.
There is NO evidence that illegals speak up with evidence against criminals, which is the bogus reason given by many sanctuary supporters; the policy is promoted because the open-borders extremists do NOT care that the program helps violent criminals to stay and commit more crimes against innocent citizens. To them, open borders is an issue that supercedes the rule of law.
Frank and Dawn Glogovsky (pictured), along with their 13-year-old son, were driving home from a family gathering when their car was struck by Jorge Dominguez after he ran a stop sign. (The obituary noted that Frank and Dawn were childhood sweethearts and married in 1988.)
All three members of the family were taken by emergency medical personnel to a hospital, but Dawn died there.
A Burlington man who allegedly caused a fatal car crash Monday while intoxicated is an illegal immigrant who was driving with a suspended license and has served jail time in Racine County for several prior offenses, officials said Thursday.
Because the man is an illegal immigrant, he likely should not have had a drivers license at all and should have previously been turned over to U.S. Immigration Customs Enforcement officials for possible deportation after completing his sentences in Racine County, officials said.
ICE officials Thursday confirmed that the man, Jorge Dominguez, 38, is an illegal immigrant. Dominguez, of 544 Chestnut Drive in Burlington, was charged Wednesday with seven criminal offenses including homicide by intoxicated use of a vehicle for a crash Monday around 11 p.m. when he allegedly ran a stop sign at the intersection of highways 45 and N in the Town of Paris, killing 45-year-old Dawn Glogovsky and injuring her husband and son, all of the Paris area. […]
Dominguez has been in and out of the Racine County Jail since 2008, serving sentences for past criminal offenses including battery, cocaine possession and obstructing an officer. When local police or sheriffs’ departments arrest an illegal immigrant like Dominguez for such criminal charges, they are supposed to inform ICE, which will place a detainer hold on that individual so that when they are released they go to ICE for possible deportation, said Carl Rusnok, ICE spokesman.
So Dominguez was clearly a dangerous criminal illegal alien, and was jailed in Racine County with an immigration hold put on him, yet he was released into America rather than deported after time served.
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